The Journal House of Representatives · The Journal OF THE House of Representatives Number 2 Wednesday, March 7, 2001 The House was called to order by the Speaker at 12:30 p.m. Prayer

The Journal OF THE

House of RepresentativesNumber 2 Wednesday, March 7, 2001

The House was called to order by the Speaker at 12:30 p.m.

Prayer

The following prayer was offered by the Reverend Wes White ofCalvary Assembly of God of Dade City, upon invitation of Rep.Littlefield:

Father God, in these tumultuous times, we feel overwhelmed with theresponsibility that lies before us. Once again, violence has visited ourschools. Homes face crushing pressures. Marriages are disintegrating atan alarming rate and the traditional family is rapidly becoming anantiquated concept. The needs of the aged are real and multiply daily.These leaders that You’ve appointed to this branch of government nowdesperately need divine direction. May they move in a bipartisanfashion, accomplishing much to stem the mounting tide of pressurefacing the citizenry of this great state.

My prayer is not so much that You would be on a given side, but thateach of these individuals, entrusted to accomplish Your purposes for thefuture of this state, would strive to be on Your side. That the principlesset forward so long ago, yet remaining timeless, would guide theirdecisions for this great state. My prayer is that they would not seek Yourblessing for their agendas, but rather they would passionately seek Youragenda.

Give each of these leaders the gifts necessary to discern the times andto know what to do. Allow them to understand that before one goesforward in leadership, he must surrender to follow, for leadership islearned in submission to authority, in earth as it is in heaven.

As these our chosen leaders ascend to power, teach them they mustfirst descend to servanthood. May they regularly see the faces of thosethey have sworn to serve and may their causes ring loudly in the earsof these, Your ordained servants.

In Your name we pray. Amen.

The following Members were recorded present:

Session Vote Sequence: 2

The Chair Barreiro Brown DavisAlexander Baxley Brummer DetertAllen Bean Brutus Diaz de la PortillaAndrews Bendross-Mindingall Bucher DockeryArgenziano Bennett Bullard FarkasArza Bense Byrd FasanoAttkisson Benson Cantens FieldsAtwater Berfield Carassas FiorentinoAusley Betancourt Clarke FlanaganBaker Bilirakis Crow FrankelBall Bowen Cusack Gannon

Garcia Jordan McGriff RyanGardiner Joyner Meadows SeilerGelber Justice Mealor SimmonsGibson Kallinger Melvin SiplinGoodlette Kendrick Miller SlosbergGottlieb Kilmer Murman SmithGreen Kosmas Needelman SobelGreenstein Kottkamp Negron SorensenHaridopolos Kravitz Paul SprattHarper Kyle Peterman StanselHarrell Lee Pickens TrovillionHarrington Lerner Prieguez WallaceHart Littlefield Rich WatersHenriquez Lynn Richardson WeissmanHeyman Machek Ritter WilesHogan Mack Romeo WilsonHolloway Mahon Ross WishnerJennings Mayfield RubioJohnson Maygarden Russell

(A list of excused Members appears at the end of the Journal.)

A quorum was present.

Pledge

The Members, led by Akeem Brutus of Miami Shores, Elisa Epsteinof Weston, Spencer Galloway of Tallahassee, Britney J. Grice ofWewahitchka, Mary Anne Hybart of Tallahassee, and Lauren Klein ofBoca Raton, pledged allegiance to the Flag. Akeem Brutus served at theinvitation of Rep. Richardson. Elisa Epstein served at the invitation ofRep. Rich. Spencer Galloway and Lauren Klein served at the invitationof Speaker Feeney.

House Physician

The Speaker introduced Dr. Gary Winchester of Tallahassee, whoserved in the Clinic today upon invitation of Rep. Fasano.

Correction of the Journal

The Journal of March 6 was corrected and approved as corrected.

Reports of Councils and Standing Committees

Report of the Procedural & Redistricting Council

The Honorable Tom Feeney March 5, 2001Speaker, House of Representatives

Mr. Speaker:

Your Procedural & Redistricting Council herewith submits as SpecialOrders for Wednesday, March 7, 2001. Consideration of the House Bills

117

on Special Orders shall include the Senate Companion Measures on theHouse Calendar.

I. Consideration of the following bill(s):CS/CS/HB 273—Election Code/Reporting Requirements

(Structured)CS/HB 275—Public Records/Campaign Treasurer

(Structured)HB 21—Intangible Personal Property TaxesCS/HB 55—Public Medical AssistanceCS/HB 271—Corporate Income TaxCS/CS/HB 269—Sharpening the Pencil ActCS/HB 279—Barry Grunow ActCS/HB 277—Schools/Attendance/Learnfare ProgramCS/HB 215—Parental Rights/Child’s RecordsCS/HB 141—AdoptionCS/HB 245—Parole Commission Reform Act of 2001

II. Consideration of the following reviser’s bills:HB 657—Official Florida Statutes AdoptionHB 659—Florida StatutesHB 661—Florida StatutesHB 663—Florida StatutesHB 665—Florida StatutesHB 667—Florida StatutesHB 669—Florida StatutesHB 671—Florida Statutes

III. Consideration of the following repeal bill:CS/HB 4007—Florida Statutes

IV. Consideration of the following public records bills (Special Rule- Closed):HB 383—Bank Account Numbers/Records Exempt.HB 385—Municipal Utilities/RecordsHB 387—Sports-Related Industries/RecordsHB 389—Public Records/Economic DevelopmentHB 391—Public Records/Tax Refund ProgramsHB 393—Public Records/Marketing ProjectsHB 395—Public Records/Airport Security PlanHB 397—Public Records/Toll Facility ChargesHB 399—Public Record/Emergency “911” NumberHB 401—Public Records/Health Care CommunityHB 403—Public Record/Pawnbroker TransactionHB 405—Public Records/Surplus Lines Ins.HB 407—Public Records/Univ. Health Services

A quorum of the Council was present in person, and a majority of thosepresent agreed to the above Report.

Respectfully submitted,Johnnie B. Byrd, Jr.Chair

On motion by Rep. Byrd, the rules were waived and the House agreedto consider CS/HB 279 at a time certain of 3:00 p.m., today.

On motion by Rep. Byrd, the above report was adopted, as amended.

Reports of Select Committees

The Honorable Tom Feeney, Speaker February 20, 2001Florida House of Representatives

Dear Mr. Speaker:

By letter dated November 21, 2000, you referred an Election Contestfiled on November 6, 2000 in District 17, by James F. Tullis to the SelectCommittee to Review Charges of a Contested Seat. Accordingly, acommittee meeting was scheduled for December 18, 2000. Notice of themeeting was provided to both Mr. James Tullis, through Attorney JohnForbes, and to Mr. Stan Jordan.

By letter dated December 18, 2000, and received by the Council viafacsimile the same day, the Contestant informed the Select Committeethat he was withdrawing his petition. Therefore, the Select Committee

makes no finding or recommendation with regard to the allegations ofthe election contest.

Sincerely,

Rep. Johnnie B. Byrd, Jr., Chair Rep. Larry CrowDistrict 62 District 49

Rep. Will S. Kendrick Rep. Randy J. BallDistrict 10 District 29

Rep. Ron GreensteinDistrict 95

On motion by Rep. Byrd, the House adopted the report by the SelectCommittee to Review Charges of a Contested Seat.

Motions Relating to Committee or CouncilReferences

On motion by Rep. Smith, agreed to by two-thirds vote, HB 325 waswithdrawn from further consideration of the House.

Special Orders

Special Order Calendar

Bill Subject to Special Rule

CS/CS/HB 273—A bill to be entitled An act relating to reportingrequirements under the Florida Election Code; amending s. 106.011,F.S.; modifying the definitions of “political committee” and“communications media”; amending s. 106.03, F.S.; requiring additionalinformation for registration of political committees; amending s. 106.04,F.S.; requiring additional information for certification of committees ofcontinuous existence; revising reporting periods and requirements;requiring electronic filing under certain circumstances; requiringmembership dues of committees of continuous existence to be reportedin the same manner as regular contributions; removing requirement toprovide a membership list for inspection purposes; removingrequirement for filing duplicate copies of reports; providing penalties;amending s. 106.07, F.S., relating to campaign treasurer’s reports;revising reporting periods and requirements; removing requirement forduplicate reports; providing penalties; creating s. 106.0705, F.S.;requiring campaign treasurer’s reports that are to be filed with theDivision of Elections to be filed electronically when aggregatecontributions or expenditures exceed a specified amount; providingfiling requirements; providing penalties; providing rulemakingauthority; amending s. 106.071, F.S.; revising provisions relating to thereporting of certain independent expenditures; providing penalties;creating s. 106.073, F.S.; requiring certain organizations that sponsorcampaign-related advertisements to register under certaincircumstances; providing definitions; requiring certain reports;providing requirements for such advertisements, including a disclaimer;providing penalties; providing rulemaking authority; amending s.106.12, F.S.; revising the petty cash fund limit to conform to the revisedreporting periods; amending s. 106.29, F.S., relating to reports bypolitical parties; requiring electronic filing under certain circumstances;removing requirement for duplicate reports; providing penalties;amending ss. 105.08, 106.025, 106.08, and 106.18, F.S., relating toreporting requirements applicable to candidates for retention to judicialoffice, campaign fund raisers held on behalf of a political party by itsstate or county executive committee, nonallocable, in-kind contributionsby candidates and political parties, and the granting of certificates ofelection, to conform; providing severability; providing effective dates.

—was read the second time by title.

Representative(s) Ryan offered the following:

(Amendment Bar Code: 371783)

Amendment 1 (with title amendment)—On page 4, line 29,

insert:

118 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 7, 2001

Section 2. Subsection (3) of section 106.021, Florida Statutes, isamended to read:

106.021 Campaign treasurers; deputies; primary and secondarydepositories.—

(3) Except for independent expenditures, no contribution orexpenditure, including contributions or expenditures of a candidate orof the candidate’s family, shall be directly or indirectly made or receivedin furtherance of the candidacy of any person for nomination or electionto political office in the state or on behalf of any political committeeexcept through the duly appointed campaign treasurer of the candidateor political committee. However, expenditures may be made directly byany political committee or political party regulated by chapter 103 forobtaining time, space, or services in or by any communications mediumfor the purpose of jointly endorsing three or more candidates, and anysuch expenditure shall not be considered a contribution or expenditureto or on behalf of any such candidates, but shall be reported as anexpenditure by the political party or political committee ,for the purposesof this chapter. The report for such endorsement shall be a separatereport filed electronically or on forms prescribed by the Division ofElections containing the total amount and date of the expenditure, onwhat the expenditure is made, to whom the expenditure is made, and thecandidates for whom the expenditure is made. The political party orpolitical committee may report how the time, space or services has beenproportioned among the candidates, and the amount of the expenditureallocated to each candidate.

And the title is amended as follows:

On page 1, line 6,remove from the title of the bill: all of said line

and insert: s. 106.021, F.S.; requiring a political party or politicalcommittee to file a report electronically of expenditures made forobtaining time, space, or services in or by any communications mediumfor the purpose of jointly endorsing three or more candidates; amendings. 106.03, F.S.; requiring additional

Rep. Ryan moved the adoption of the amendment.

REPRESENTATIVE MELVIN IN THE CHAIR

THE SPEAKER IN THE CHAIR

The question recurred on the adoption of Amendment 1, which failedof adoption. The vote was:


Yeas—42

Ausley Gottlieb Kosmas SeilerBendross-Mindingall Greenstein Lee SlosbergBetancourt Harper Lerner SmithBrutus Henriquez Machek SobelBucher Heyman Meadows StanselBullard Holloway Peterman WeissmanCusack Jennings Rich WilesFields Johnson Richardson WilsonFrankel Joyner Ritter WishnerGannon Justice RomeoGelber Kendrick Ryan

Nays—73

The Chair Ball Bilirakis CrowAlexander Barreiro Bowen DavisAllen Baxley Brown DetertAndrews Bean Brummer Diaz de la PortillaArgenziano Bennett Byrd Diaz-BalartArza Bense Cantens DockeryAttkisson Benson Carassas FarkasAtwater Berfield Clarke Fasano

Fiorentino Kallinger Maygarden RubioGarcia Kilmer Mealor RussellGardiner Kottkamp Melvin SimmonsGibson Kravitz Miller SorensenGoodlette Kyle Murman SprattGreen Lacasa Needelman TrovillionHaridopolos Littlefield Negron WallaceHarrell Lynn Paul WatersHarrington Mack PickensHart Mahon PrieguezJordan Mayfield Ross

Votes after roll call:Yeas—Flanagan, McGriff, SiplinNays—BakerYeas to Nays—Johnson

Representative(s) Ryan offered the following:


Amendment 2—On page 21, lines 10-18,remove from the bill: all of said lines

and insert in lieu thereof: $1,000 for an organization other than anindividual and $5,000 for an individual. However, “campaign-relatedadvertisement” does not include editorial endorsements by anynewspaper, radio or television station, or other recognized news medium.

(2) For purposes of this section, the term “organization”means aperson as defined in s. 106.011(8) and those organizations recognizedunder s. 501(c) of the Internal Revenue Code, or political organizationsrecognized under s. 527 of the Internal Revenue Code.

Rep. Ryan moved the adoption of the amendment, which failed ofadoption. The vote was:


Yeas—42

Ausley Greenstein Lerner SiplinBendross-Mindingall Harper Machek SlosbergBetancourt Henriquez McGriff SmithBucher Heyman Meadows SobelBullard Holloway Peterman StanselCusack Jennings Rich WeissmanFields Joyner Richardson WilesFrankel Justice Ritter WilsonGannon Kendrick Romeo WishnerGelber Kosmas RyanGottlieb Lee Seiler

Nays—76

The Chair Brown Goodlette MaygardenAlexander Brummer Green MealorAllen Byrd Haridopolos MelvinAndrews Cantens Harrell MillerArgenziano Carassas Harrington MurmanArza Clarke Hart NeedelmanAttkisson Crow Hogan NegronAtwater Davis Johnson PaulBaker Detert Jordan PickensBall Diaz de la Portilla Kallinger PrieguezBarreiro Diaz-Balart Kilmer RossBaxley Dockery Kottkamp RubioBean Farkas Kravitz RussellBennett Fasano Kyle SimmonsBense Fiorentino Lacasa SorensenBenson Flanagan Littlefield SprattBerfield Garcia Mack TrovillionBilirakis Gardiner Mahon WallaceBowen Gibson Mayfield Waters

119JOURNAL OF THE HOUSE OF REPRESENTATIVESMarch 7, 2001

Votes after roll call:Yeas—BrutusNays—Lynn

Under Rule 10.13(b), the bill was referred to the Engrossing Clerk.


CS/HB 275—A bill to be entitled An act relating to public recordsexemption for certain identification and computer security algorithms inconnection with campaign treasurer’s reports; creating s. 106.0706, F.S.;providing exemptions from public records requirements for personalidentification numbers of and computer security algorithms required tomaintain the security of information submitted or received through anelectronic filing system for campaign treasurer’s reports; providing forfuture review and repeal; providing a finding of public necessity;providing a contingent effective date.

—was read the second time by title and, under Rule 10.13(b), referredto the Engrossing Clerk.


HB 21—A bill to be entitled An act relating to intangible personalproperty taxes; amending s. 199.032, F.S.; reducing the rate of theannual tax; amending s. 199.033, F.S.; reducing the rates of the tax onsecurities in a Florida’s Future Investment Fund, to conform; providingan effective date.


Representative(s) Atwater, Rubio, Simmons, Benson, Paul, Berfield,Garcia, Kravitz, Baker, Arza, Hogan, Brown, Ross, Mayfield, Baxley,Kallinger, Jordan, Mealor, Clarke, Negron, Bowen, Andrews, Gibson,Kottkamp, Pickens, and Needelman offered the following:


Amendment 1 (with title amendment)—On page 1, line 11remove from the bill: Everything after the enacting clause

and insert in lieu thereof:

Section 1. Section 199.032, Florida Statutes, is amended to read:

199.032 Levy of annual tax.—An annual tax of .75 1 mill is imposedon each dollar of the just valuation of all intangible personal propertythat has a taxable situs in this state, except for notes and otherobligations for the payment of money, other than bonds, which aresecured by mortgage, deed of trust, or other lien upon real propertysituated in the state. This tax shall be assessed and collected as providedin this chapter.


199.033 Securities in a Florida’s Future Investment Fund; taxrate.—

(1) Notwithstanding the provisions of this chapter, the tax imposedunder s. 199.032 on securities in a Florida’s Future Investment Fundshall apply at the rate of .64 .85 mill when the average daily balance insuch funds exceeds $2 billion and at the rate of .53 .70 mill when theaverage daily balance in such funds exceeds $5 billion.


199.185 Property exempted from annual and nonrecurring taxes.—

(2) Every natural person is entitled each year to an exemption of thefirst $250,000 $20,000 of the value of property otherwise subject to theannual tax. A husband and wife filing jointly shall have an exemptionof $500,000 $40,000. Every taxpayer that is not a natural person isentitled each year to an exemption of the first $250,000 of the value ofproperty otherwise subject to the tax. Agents and fiduciaries, other thanguardians and custodians under a gifts-to-minors act, filing as such may

not claim this exemption on behalf of their principals or beneficiaries;however, if the principal or beneficiary returns the property held by theagent or fiduciary and is a natural person, the principal or beneficiarymay claim the exemption. No taxpayer shall be entitled to more than oneexemption under this subsection. This exemption shall not apply to thatintangible personal property described in s. 199.023(1)(d).

Section 4. This act shall take effect January 1, 2002.


On page 1, lines 3-7remove from the title of the bill: All of said lines

and insert in lieu thereof:taxes; amending s. 199.032, F.S.; reducing the rate of the annual tax;amending s. 199.033, F.S.; reducing the rates of the tax on securities ina Florida’s Future Investment Fund, to conform; amending s. 199.185,F.S.; increasing exemptions for taxpayers who are natural persons;creating exemptions for taxpayers who are not natural persons;providing an effective date.

Rep. Atwater moved the adoption of the amendment.

Representative(s) Wiles, Ryan, and Greenstein offered the following:


Substitute Amendment 1 (with title amendment)—On page 1,lines 11-20,remove from the bill: all of said lines



(2) Every natural person is entitled each year to an exemption of thefirst $100,000 $20,000 of the value of property otherwise subject to theannual tax. A husband and wife filing jointly shall have an exemptionof $200,000 $40,000. Agents and fiduciaries, other than guardians andcustodians under a gifts-to-minors act, filing as such may not claim thisexemption on behalf of their principals or beneficiaries; however, if theprincipal or beneficiary returns the property held by the agent orfiduciary and is a natural person, the principal or beneficiary may claimthe exemption. No taxpayer shall be entitled to more than oneexemption under this subsection. This exemption shall not apply to thatintangible personal property described in s. 199.023(1)(d).


On page 1, lines 3-4,remove from the title of the bill: all of said lines

and insert in lieu thereof: taxes; amending s. 199.185, F.S.; increasingthe amount of the exemption for natural persons; amending s. 199.033

Rep. Ryan moved the adoption of the substitute amendment, whichfailed of adoption. The vote was:


Yeas—39

Ausley Gelber Kendrick RyanBendross-Mindingall Gottlieb Kosmas SeilerBetancourt Greenstein Lee SlosbergBrutus Harper Lerner SmithBucher Henriquez Machek SobelBullard Heyman McGriff StanselCusack Holloway Meadows WeissmanFields Jennings Peterman WilesGannon Joyner Richardson WishnerGarcia Justice Romeo

Nays—79

The Chair Allen Argenziano AttkissonAlexander Andrews Arza Atwater


Baker Davis Jordan NegronBall Detert Kallinger PaulBarreiro Diaz-Balart Kilmer PickensBaxley Dockery Kottkamp PrieguezBean Farkas Kravitz RichBennett Fasano Kyle RitterBense Fiorentino Lacasa RossBenson Flanagan Littlefield RubioBerfield Frankel Lynn RussellBilirakis Gardiner Mack SimmonsBowen Gibson Mahon SiplinBrown Goodlette Mayfield SorensenBrummer Green Maygarden SprattByrd Harrell Mealor TrovillionCantens Harrington Melvin WallaceCarassas Hart Miller WatersClarke Hogan Murman WilsonCrow Johnson Needelman

Votes after roll call:Yeas to Nays—Garcia

The question recurred on the adoption of Amendment 1.

On motion by Rep. Byrd, further consideration of HB 21, with pendingamendment, was temporarily postponed under Rule 11.10.

REPRESENTATIVE MAYGARDEN IN THE CHAIR


Bill at a Time Certain

CS/HB 279—A bill to be entitled An act relating to teacher andcertain school administrator death benefits; creating the “Barry GrunowAct”; creating s. 112.1915, F.S.; providing definitions; providing deathbenefits with respect to certain teachers and school administrators;providing for payment of certain health insurance premiums; providingfor the waiver of certain educational expenses for children of certaindeceased teachers and school administrators; providing for rules;amending s. 732.402, F.S.; providing that the teacher and schooladministrator death benefits are exempt property under the FloridaProbate Code; providing for reimbursement of benefits previously paid;providing for funding; providing for retroactive application; providing aneffective date.

—was read the second time by title. On motion by Rep. Lynn, the ruleswere waived and the bill was read the third time by title. On passage,the vote was:


Yeas—120

The Chair Berfield Diaz-Balart HarperAlexander Betancourt Dockery HarrellAllen Bilirakis Farkas HarringtonAndrews Bowen Fasano HartArgenziano Brown Fields HenriquezArza Brummer Fiorentino HeymanAttkisson Brutus Flanagan HoganAtwater Bucher Frankel HollowayAusley Bullard Gannon JenningsBaker Byrd Garcia JohnsonBall Cantens Gardiner JordanBarreiro Carassas Gelber JoynerBaxley Clarke Gibson JusticeBean Crow Goodlette KallingerBendross-Mindingall Cusack Gottlieb KendrickBennett Davis Green KilmerBense Detert Greenstein KosmasBenson Diaz de la Portilla Haridopolos Kottkamp

Kravitz McGriff Rich SmithKyle Meadows Richardson SobelLacasa Mealor Ritter SorensenLee Melvin Romeo SprattLerner Miller Ross StanselLittlefield Murman Rubio TrovillionLynn Needelman Russell WallaceMachek Negron Ryan WatersMack Paul Seiler WeissmanMahon Peterman Simmons WilesMayfield Pickens Siplin WilsonMaygarden Prieguez Slosberg Wishner

Nays—None

So the bill passed and was certified to the Senate.

On motion by Rep. Byrd—

HB 21—A bill to be entitled An act relating to intangible personalproperty taxes; amending s. 199.032, F.S.; reducing the rate of theannual tax; amending s. 199.033, F.S.; reducing the rates of the tax onsecurities in a Florida’s Future Investment Fund, to conform; providingan effective date.

—was taken up, having been read the second time earlier today; nowpending on motion by Rep. Atwater to adopt Amendment 1.

The question recurred on the adoption of Amendment 1, which wasadopted. The vote was:


Yeas—79

The Chair Byrd Harrell MelvinAlexander Cantens Harrington MillerAndrews Carassas Hart MurmanArgenziano Clarke Hogan NeedelmanArza Crow Johnson NegronAttkisson Davis Jordan PaulAtwater Detert Kallinger PickensBaker Diaz de la Portilla Kendrick PrieguezBall Diaz-Balart Kilmer RossBarreiro Dockery Kottkamp RubioBaxley Farkas Kravitz RussellBean Fasano Kyle SimmonsBennett Fiorentino Lacasa SorensenBense Flanagan Littlefield SprattBenson Garcia Lynn StanselBerfield Gardiner Mack TrovillionBilirakis Gibson Mahon WallaceBowen Goodlette Mayfield WatersBrown Green Maygarden WishnerBrummer Haridopolos Mealor

Nays—39

Ausley Gelber Kosmas RyanBendross-Mindingall Gottlieb Lee SeilerBetancourt Greenstein Lerner SiplinBrutus Harper Machek SlosbergBucher Henriquez McGriff SmithBullard Heyman Meadows SobelCusack Holloway Peterman WeissmanFields Jennings Rich WilesFrankel Joyner Richardson WilsonGannon Justice Romeo

Votes after roll call:Yeas—Allen, Ritter


CS/HB 55—A bill to be entitled An act relating to public medicalassistance; amending s. 395.701, F.S.; reducing the annual assessment


on hospital outpatient services to fund public medical assistance;limiting the financial information that may be required to determine theamount of the assessment; amending s. 395.7015, F.S.; reducing theannual assessment on certain other health care entities to fund publicmedical assistance; amending s. 395.7016, F.S.; providing for annualappropriations to replace funds lost due to such reductions; providing aneffective date.



CS/HB 271—A bill to be entitled An act relating to corporate incometax; creating s. 220.187, F.S.; providing purpose; providing definitions;providing a credit against said tax for contributions to a nonprofitscholarship funding organization; providing limitations; providing foruse of such contributions by such organizations for scholarships forcertain children and providing requirements and limitations withrespect thereto; providing for annual funding through the GeneralAppropriations Act; providing for allocation; providing duties of theDepartment of Revenue and Department of Education; providing forrules; amending s. 220.02, F.S.; providing order of credits against thetax; amending s. 220.13, F.S.; providing for the inclusion of amountstaken as credit under s. 220.187, F.S., in determining a taxpayer’sadjusted federal income; providing an effective date.


Representative(s) Negron and Atwater offered the following:


Amendment 1—On page 4, line 4 after the period

insert: However, five percent of the total statewide amount authorizedfor the tax credit shall be reserved for taxpayers who meet the definitionof a small business as defined in s.288.703(1), F.S., at the time ofapplication.

Rep. Atwater moved the adoption of the amendment, which wasadopted.



Representative(s) Richardson offered the following:


Amendment 2—On page 3, line 31,

insert: (d) An eligible nonprofit scholarship funding organizationmust comply with the private school eligibility provisions in s. 229.0537.

Rep. Richardson moved the adoption of the amendment.

Rep. Frankel suggested the absence of a quorum. A quorum waspresent [Session Vote Sequence: 8].

The question recurred on the adoption of Amendment 2, which failedof adoption. The vote was:


Yeas—41

Ausley Frankel Holloway McGriffBendross-Mindingall Gannon Jennings MeadowsBetancourt Gelber Joyner PetermanBrutus Gottlieb Justice RichardsonBucher Greenstein Kendrick RitterBullard Harper Kosmas RomeoCusack Henriquez Lee RyanFields Heyman Machek Seiler

Siplin Sobel Weissman WilsonSlosberg Stansel Wiles WishnerSmith

Nays—78

The Chair Brummer Haridopolos MealorAlexander Byrd Harrell MelvinAllen Cantens Harrington MillerAndrews Carassas Hart MurmanArgenziano Clarke Hogan NeedelmanArza Crow Johnson NegronAttkisson Davis Jordan PaulAtwater Detert Kallinger PickensBaker Diaz de la Portilla Kilmer RichBall Diaz-Balart Kottkamp RossBarreiro Dockery Kravitz RubioBaxley Farkas Kyle RussellBean Fasano Lacasa SimmonsBennett Fiorentino Lerner SorensenBense Flanagan Littlefield SprattBenson Garcia Lynn TrovillionBerfield Gardiner Mack WallaceBilirakis Gibson Mahon WatersBowen Goodlette MayfieldBrown Green Maygarden

Votes after roll call:Nays—Prieguez



Representative(s) Stansel and Weissman offered the following:


Amendment 3 (with title amendment)—On page 1, line 25through page 7, line 15remove from the bill: all of said lines


Section 1. Section 220.187, Florida Statutes, is created to read:

220.187 Credits for contributions to public schools and nonprofitscholarship funding organizations.—

(1) PURPOSE.—The purpose of this section is to:

(a) Provide a tax credit for certain contributions to public schools andnonprofit scholarship funding organizations.

(b) Expand educational opportunities for children of families thathave limited financial resources.

(c) Enable children in this state to achieve a greater level of excellencein their education.

(2) DEFINITIONS.—As used in this section:

(a) “Eligible contribution” means a monetary contribution from acorporation, subject to the restrictions provided in this section, to publicschools or an eligible nonprofit scholarship funding organization, if thetaxpayer making the contribution does not designate a specific child asthe beneficiary of the contribution.

(b) “Eligible nonpublic school” means a nonpublic school located inFlorida that offers a general education to K-12 students and complieswith the antidiscrimination provisions of 42 U.S.C., s.2000d.

(c) “Eligible nonprofit scholarship funding organization” means acharitable organization that is exempt from federal income tax pursuantto s. 501(c)(3) of the Internal Revenue Code and that complies with theprovisions of subsection (4).


(3) AMOUNT OF CREDIT.—A corporate taxpayer shall be alloweda credit equal to 100 percent of all eligible contributions made during ataxable year against any tax due for that taxable year under this chapter.However, such a credit shall not exceed 75 percent of the tax due underthis chapter for the taxable year after the application of any otherallowable credits by the taxpayer.

(4) ELIGIBLE NONPROFIT SCHOLARSHIP FUNDINGORGANIZATION OBLIGATIONS.—

(a) An eligible nonprofit scholarship funding organization shallprovide scholarships from eligible contributions to children fromfamilies that meet the income eligibility guidelines for free and reducedprice lunch meals pursuant to the National School Lunch Act for:

1. Any expenses, including, but not limited to, tuition, textbook, andtransportation expenses, at an eligible nonpublic school;

2. Instructional expenses for participation in a home educationprogram as defined in s. 232.0201; or

3. Transportation expenses to a Florida public school that is locatedoutside of the district in which the student resides.

(b) The amount of a scholarship provided to any child for any singleschool year by all eligible nonprofit scholarship funding organizationfrom eligible contributions shall not exceed the following annual limits:

1. $4,000 for a scholarship awarded to a student enrolled in aneligible nonpublic school.

2. $1,000 for a scholarship awarded to a student enrolled in a homeeducation program as defined in s. 232.0201.

3. $500 for a scholarship awarded to a student enrolled in a Floridapublic school that is located outside of the district in which the studentresides.

(c) An eligible nonprofit scholarship funding organization shallallocate over a 5-year period 100 percent of the annual eligiblecontributions received for scholarships awarded pursuant to thissubsection. At least 20 percent of the eligible contributions received by theorganization must be disbursed each year. No portion of eligiblecontributions may be used for administrative expenses.

(5) PUBLIC SCHOOL DISTRIBUTIONS.—Contributions fromcorporations shall be directed to the school, the school district, or theDepartment of Education, as directed by the corporation.

(6) FUNDING.—The total statewide amount authorized for the taxcredit provided by this section shall be annually established in theGeneral Appropriations Act and shall be allocated to corporations on afirst-come, first-served basis. If on any day the amount of tax creditsapplied for and qualified for approval exceeds the funding providedpursuant to this subsection that remains available to be allocated, theDepartment of Revenue shall prorate the credits among all corporationsapplying during that day, as evidenced by the postmark or otheridentification of the application date, which are qualified for approval,and inform each corporation of the approved amount.

(7) ADMINISTRATION; RULES.—

(a) If the credit granted pursuant to this section is not fully used inany one year, the unused amount may not be carried forward. A taxpayermay not convey, assign, or transfer the credit authorized by this sectionto another entity unless all of the assets of the taxpayer are conveyed,assigned, or transferred in the same transaction.

(b) An application for a tax credit pursuant to this section shall besubmitted to the Department of Revenue on forms established by rule ofthe Department of Revenue.

(c) The Department of Revenue and the Department of Educationshall develop a cooperative agreement to assist in the administration ofthis section. The Department of Education shall be responsible forannually submitting to the Department of Revenue a list of eligiblenonprofit scholarship funding organizations that meet the requirementsof paragraph (2)(c).

(d) The Department of Revenue shall adopt rules necessary toadminister this section, including rules establishing application formsand procedures.

(e) The Department of Education shall adopt rules necessary toconfirm compliance of nonprofit scholarship funding organizations.


220.02 Legislative intent.—

(8) It is the intent of the Legislature that credits against either thecorporate income tax or the franchise tax be applied in the followingorder: those enumerated in s. 631.828, those enumerated in s. 220.191,those enumerated in s. 220.181, those enumerated in s. 220.183, thoseenumerated in s. 220.182, those enumerated in s. 220.1895, thoseenumerated in s. 221.02, those enumerated in s. 220.184, thoseenumerated in s. 220.186, those enumerated in s. 220.1845, thoseenumerated in s. 220.19, and those enumerated in s. 220.185, and thoseenumerated in s. 220.187.

Section 3. Paragraph (a) of subsection (1) of section 220.13, FloridaStatutes, is amended to read:

220.13 “Adjusted federal income” defined.—

(1) The term “adjusted federal income” means an amount equal tothe taxpayer’s taxable income as defined in subsection (2), or suchtaxable income of more than one taxpayer as provided in s. 220.131, forthe taxable year, adjusted as follows:

(a) Additions.—There shall be added to such taxable income:

1. The amount of any tax upon or measured by income, excludingtaxes based on gross receipts or revenues, paid or accrued as a liabilityto the District of Columbia or any state of the United States which isdeductible from gross income in the computation of taxable income forthe taxable year.

2. The amount of interest which is excluded from taxable incomeunder s. 103(a) of the Internal Revenue Code or any other federal law,less the associated expenses disallowed in the computation of taxableincome under s. 265 of the Internal Revenue Code or any other law,excluding 60 percent of any amounts included in alternative minimumtaxable income, as defined in s. 55(b)(2) of the Internal Revenue Code,if the taxpayer pays tax under s. 220.11(3).

3. In the case of a regulated investment company or real estateinvestment trust, an amount equal to the excess of the net long-termcapital gain for the taxable year over the amount of the capital gaindividends attributable to the taxable year.

4. That portion of the wages or salaries paid or incurred for thetaxable year which is equal to the amount of the credit allowable for thetaxable year under s. 220.181. The provisions of this subparagraph shallexpire and be void on June 30, 2005.

5. That portion of the ad valorem school taxes paid or incurred forthe taxable year which is equal to the amount of the credit allowable forthe taxable year under s. 220.182. The provisions of this subparagraphshall expire and be void on June 30, 2005.

6. The amount of emergency excise tax paid or accrued as a liabilityto this state under chapter 221 which tax is deductible from grossincome in the computation of taxable income for the taxable year.

7. That portion of assessments to fund a guaranty associationincurred for the taxable year which is equal to the amount of the creditallowable for the taxable year.

8. In the case of a nonprofit corporation which holds a pari-mutuelpermit and which is exempt from federal income tax as a farmers’cooperative, an amount equal to the excess of the gross incomeattributable to the pari-mutuel operations over the attributableexpenses for the taxable year.


9. The amount taken as a credit for the taxable year under s.220.1895.

10. Up to nine percent of the eligible basis of any designated projectwhich is equal to the credit allowable for the taxable year under s.220.185.

11. The amount taken as a credit for the taxable year under s.220.187.

Section 4. This act shall take effect January 1, 2002.


On page 1, lines 2-21remove from the title of the bill: all of said lines

and insert in lieu thereof: An act relating to corporate income tax;creating s. 220.187, F.S.; providing purpose; providing definitions;providing a credit against said tax for contributions to public schools andnonprofit scholarship funding organizations; providing limitations;providing for use of such contributions by public schools andorganizations for scholarships for certain children and providingrequirements and limitations with respect thereto; providing for annualfunding through the General Appropriations Act; providing forallocation; providing duties of the Department of Revenue andDepartment of Education; providing for rules; amending s. 220.02, F.S.;providing order of credits against the tax; amending s. 220.13, F.S.;providing for the inclusion of amounts taken as credit under s. 220.187,F.S., in determining a taxpayer’s adjusted federal income; providing aneffective date.

Rep. Stansel moved the adoption of the amendment, which failed ofadoption. The vote was:


Yeas—44

Ausley Gottlieb Kosmas SeilerBendross-Mindingall Greenstein Lee SiplinBetancourt Harper Machek SlosbergBrutus Henriquez Mayfield SmithBucher Heyman McGriff SobelBullard Hogan Meadows SorensenCusack Holloway Peterman StanselFields Jennings Pickens WeissmanFrankel Joyner Richardson WilesGannon Justice Romeo WilsonGelber Kendrick Ryan Wishner

Nays—72

The Chair Brown Gibson MahonAlexander Brummer Goodlette MaygardenAllen Byrd Green MealorAndrews Cantens Haridopolos MelvinArgenziano Carassas Harrell MillerArza Clarke Harrington MurmanAttkisson Crow Hart NeedelmanAtwater Davis Johnson NegronBaker Detert Jordan PaulBall Diaz de la Portilla Kallinger PrieguezBarreiro Diaz-Balart Kilmer RichBean Dockery Kottkamp RossBennett Farkas Kravitz RubioBense Fasano Kyle RussellBenson Fiorentino Lerner SimmonsBerfield Flanagan Littlefield TrovillionBilirakis Garcia Lynn WallaceBowen Gardiner Mack Waters

Votes after roll call:Yeas—Ritter

Moment of Silence

The House observed a moment of silence in memory of RepresentativeBaxley’s mother, who passed away today.

Representative(s) Bucher offered the following:


Amendment 4—On page 5, between lines 6 and 7,

insert: (f) The Department of Education shall annually publicize, byschool district, the number of FTE students, by school district, thatreceive scholarships and transfer to a nonpublic school, elect to enroll ina home education program, or transfer to a public school outside of thedistrict in which the student resides. The Department of Education shall,based on the data collected and confirmed, report, by school district, theamount of cost savings realized in state funding for the initial year ofevery scholarship received by a student who was enrolled in a Floridapublic school during the prior school year. Each school district shallretain the amount of realized savings in its district.

Rep. Bucher moved the adoption of the amendment, which failed ofadoption. The vote was:


Yeas—40

Ausley Gelber Kosmas SeilerBendross-Mindingall Gottlieb Lee SiplinBetancourt Greenstein Machek SlosbergBrutus Henriquez McGriff SmithBucher Heyman Meadows SobelBullard Holloway Peterman StanselCusack Jennings Richardson WeissmanFields Joyner Ritter WilesFrankel Justice Romeo WilsonGannon Kendrick Ryan Wishner

Nays—78

The Chair Byrd Harrell MelvinAlexander Cantens Harrington MillerAllen Carassas Hart MurmanAndrews Clarke Hogan NeedelmanArgenziano Crow Johnson NegronArza Davis Jordan PaulAttkisson Detert Kallinger PickensAtwater Diaz de la Portilla Kilmer PrieguezBaker Diaz-Balart Kottkamp RichBall Dockery Kravitz RossBarreiro Farkas Kyle RubioBean Fasano Lacasa RussellBennett Fiorentino Lerner SimmonsBense Flanagan Littlefield SorensenBenson Garcia Lynn SprattBerfield Gardiner Mack TrovillionBilirakis Gibson Mahon WallaceBowen Goodlette Mayfield WatersBrown Green MaygardenBrummer Haridopolos Mealor

Rep. Frankel moved the rules be waived to take up an amendmentfiled by Rep. Gelber outside the Special Rule, which was not agreed to.The vote was:


Yeas—44

Ausley Bucher Frankel GreensteinBendross-Mindingall Bullard Gannon HarperBetancourt Cusack Gelber HenriquezBrutus Fields Gottlieb Heyman


Holloway Lerner Richardson SmithJennings Machek Ritter SobelJoyner McGriff Romeo StanselJustice Meadows Ryan WeissmanKendrick Negron Seiler WilesKosmas Peterman Siplin WilsonLee Rich Slosberg Wishner

Nays—75

The Chair Brummer Green MaygardenAlexander Byrd Haridopolos MealorAllen Cantens Harrell MelvinAndrews Carassas Harrington MillerArgenziano Clarke Hart MurmanArza Crow Hogan NeedelmanAttkisson Davis Johnson PaulAtwater Detert Jordan PickensBaker Diaz de la Portilla Kallinger PrieguezBall Diaz-Balart Kilmer RossBarreiro Dockery Kottkamp RubioBean Farkas Kravitz RussellBennett Fasano Kyle SimmonsBense Fiorentino Lacasa SorensenBenson Flanagan Littlefield SprattBerfield Garcia Lynn TrovillionBilirakis Gardiner Mack WallaceBowen Gibson Mahon WatersBrown Goodlette Mayfield


CS/CS/HB 269—A bill to be entitled An act relating to school districtbest financial management practices reviews; creating the “Sharpeningthe Pencil Act”; amending s. 230.23025, F.S.; providing legislativeintent; providing OPPAGA with primary responsibility for thecompletion of best financial practices reviews; revising areas in whichbest financial management practices are to be developed and adopted;revising and clarifying the best financial management practicesadoption and revision process; clarifying that OPPAGA shall contractwith a private firm to perform reviews, provided the review team hascertain expertise; authorizing the inclusion of review items in additionto the adopted best financial management practices, after consultationwith the school district; establishing a continuing 5-year review cycle;authorizing the Joint Legislative Auditing Committee to adjust theschedule under certain circumstances; authorizing the review ofadditional school districts under certain circumstances; specifying thatreviews shall be conducted to the extent funded by the Legislature;specifying the use of such funds; requiring copies of the final reportissued by OPPAGA to be provided to additional entities; requiring publicmeetings; revising provisions relating to eligibility for the “Seal of BestFinancial Management”; establishing requirements relating to statusreports; requiring OPPAGA to review a district’s status reports, assessimplementation of the action plan, and assess progress towardimplementing the best financial management practices and to issue areport; providing for appearance of school officials before the Legislatureupon failure to implement an adopted action plan; providing for citizenappeals to the department; providing rulemaking authority; providinglegislative intent; clarifying provisions relating to the award of the “Sealof Best Financial Management”; requiring school districts that arereviewed to maintain certain records; repealing s. 11.515, F.S., relatingto school district performance reviews; repealing s. 230.2302, F.S.,relating to performance reviews; repealing s. 230.23026, F.S., relatingto the Florida School District Review Trust Fund; amending s. 11.51,F.S., relating to school district performance reviews by the Office ofProgram Policy Analysis and Government Accountability, s. 230.23027,F.S., relating to the Small School District Stabilization Program, s.233.43, F.S., relating to duties of superintendent relating toinstructional materials, and s. 235.2197, F.S., relating to the FloridaFrugal Schools Program; correcting cross references to conform;providing an effective date.


Representative(s) Andrews and Murman offered the following:


Amendment 1 (with title amendment)—On page 12, after line 5,

insert:

(14) Unrestricted cost savings resulting from implementation of thebest financial management practices will be used to implement besteducation practices that correct identified student education outcomedeficiencies. The unrestricted cost savings must be spent at the schooland classroom levels for teacher salaries, teacher training, improvedclassroom facilities, student supplies, textbooks, classroom technology,and other direct student instruction activities. Cost savings identified fora program that has restrictive expenditure requirements shall be used forthe enhancement of the specific program.


On page 2, line 15 after the semicolon,

insert: specifying use of cost savings;

Rep. Andrews moved the adoption of the amendment, which wasadopted.


CS/HB 277—A bill to be entitled An act relating to school attendance;creating s. 414.1251, F.S.; reestablishing the Learnfare program;reducing temporary cash assistance based on failure to meet certaineducation participation requirements; requiring conferences betweenLearnfare participants and school officials; requiring the developmentof an electronic data transfer system; amending s. 228.041, F.S., relatingto definitions; correcting a cross reference; amending s. 230.23, F.S.,relating to powers and duties of district school boards; adding duties;epealing s. 414.125, F.S., relating to the Learnfare program; providingan effective date.


Motion

Rep. Wilson moved that the questions and answers on CS/HB 277 bespread upon the Journal. Under Rule 8.2(b), the motion was referred tothe Committee on Rules, Ethics & Elections.


CS/HB 215—A bill to be entitled An act relating to parental rights;amending s. 61.13, F.S.; providing that specified rights apply to bothparents; providing an effective date.


CS/HB 141—A bill to be entitled An act relating to adoption;amending ss. 39.703, 39.802, 39.806, and 39.811, F.S., relating to thepetition and grounds for terminating parental rights and powers ofdisposition; removing authority of licensed child-placing agencies to fileactions to terminate parental rights; amending s. 39.812, F.S.; providingadditional requirements for a petition for adoption; prohibiting filingsuch petition until the order terminating parental rights is final;amending s. 63.022, F.S.; revising legislative intent with respect toadoptions; amending s. 63.032, F.S.; revising definitions; defining“adoption entity,” “legal custody,” “parent,” and “relative”; creating s.63.037, F.S.; providing exemptions from certain provisions of ch. 63,F.S., for adoption proceedings initiated under ch. 39, F.S.; creating s.63.039, F.S.; providing duties of an adoption entity to prospectiveadoptive parents; providing sanctions and an award of attorney’s feesunder certain circumstances; amending s. 63.0425, F.S.; conformingprovisions relating to grandparent’s right to adopt; amending s. 63.0427,F.S.; allowing biological relatives to have communication or contact withan adoptive child under certain conditions; amending s. 63.052, F.S.;


providing for placement of a minor pending adoption; specifying thejurisdiction of the court over a minor placed for adoption; amending s.63.062, F.S.; specifying additional persons who must consent to anadoption, execute an affidavit of nonpaternity, or receive notice ofproceedings to terminate parental rights; providing for form and contentof affidavit of nonpaternity; providing for notice of the right to select awitness; providing a form for waiver of venue; amending s. 63.082, F.S.;revising requirements and form for executing a consent to an adoption;making such requirements applicable to affidavit of nonpaternity;providing a revocation period and requirements for withdrawingconsent; providing additional disclosure requirements; revisingrequisite history form to include social history; amending s. 63.085, F.S.;specifying information that must be disclosed to persons seeking toadopt a minor and to the parents; creating s. 63.087, F.S.; requiring thata separate proceeding be conducted by the court to determine whethera parent’s parental rights should be terminated; providing for rules,jurisdiction, and venue for such proceedings; providing requirements forthe petition and hearing; requiring notification to grandparents;creating s. 63.088, F.S.; providing diligent search and court inquiryrequirements for identifying and locating a person who is required toconsent to an adoption or receive notice of proceedings to terminateparental rights; providing notice requirements including notice byconstructive service; providing that failure to respond or appearconstitutes grounds to terminate parental rights pending adoption;creating s. 63.089, F.S.; providing hearing procedures for proceedings toterminate parental rights pending adoption; specifying grounds uponwhich parental rights may be terminated; providing for finding ofabandonment; providing for dismissal of petition procedures; providingfor postjudgment relief; providing for confidentiality of records;amending s. 63.092, F.S.; providing requirements in an at-riskplacement before termination of parental rights; prohibiting placementof minors in homes with certain criminal offenders; amending s. 63.097,F.S.; revising fee requirements to provide for allowable and prohibitedfees and costs; amending s. 63.102, F.S.; revising requirements for filinga petition for adoption; providing requirements for prior approval of feesand costs; revising requirements for declaratory statement as toadoption contract; amending s. 63.112, F.S.; revising requirements forform and content of a petition for adoption; amending s. 63.122, F.S.;revising the time requirements for hearing a petition for adoption;amending s. 63.125, F.S.; conforming provisions relating to the finalhome investigation; amending s. 63.132, F.S.; revising requirements foraffidavit of expenses and receipts; requiring separate court orderapproving fees, costs, and expenses; amending s. 63.142, F.S.; specifyingcircumstances under which a judgment terminating parental rightspending adoption is voidable; providing for an evidentiary hearing todetermine the minor’s placement following a motion to void such ajudgment; amending s. 63.162, F.S.; conforming provisions relating toconfidential records of adoption proceedings; amending s. 63.165, F.S.;requiring that the Department of Children and Family Servicesmaintain certain information in the state registry of adoptioninformation for a specified period; amending s. 63.202, F.S.; conformingprovisions relating to agencies authorized to place minors for adoption;amending s. 63.207, F.S.; revising provisions that limit the placement ofa minor in another state for adoption; amending s. 63.212, F.S.; revisingprovisions relating to prohibitions and penalties with respect toadoptions; amending s. 63.219, F.S.; conforming provisions relating tosanctions; creating s. 63.2325, F.S.; providing conditions for revocationof a consent to adoption or withdrawal of an affidavit of nonpaternity;amending ss. 984.03 and 985.03, F.S.; conforming cross references;repealing s. 63.072, F.S., relating to persons who may waive requiredconsent to an adoption; requiring that a petition for adoption begoverned by the law in effect at the time the petition is filed; providingfor severability; providing an effective date.



Representative(s) Lynn offered the following:


Amendment 1—On page 54, line 15remove from the bill: may

and insert in lieu thereof: must

Rep. Lynn moved the adoption of the amendment, which was adopted.



Amendment 2—On page 68, line 4remove from the bill: clerk of the




Amendment 3—On page 71, line 7 of the bill, after the period

insert: Upon its completion, a copy of the home study must be providedto the intended adoptive parents who were the subject of the home study.




Amendment 4—On page 78, remove from the bill lines 21-23 and

insert: When a petition for a declaratory statement as to the adoptioncontract is filed prior to the commencement of proceedings to terminateparental rights, it must be filed in accordance with the venuerequirements for the filing of the petition terminating parental rightsunder s. 63.087. Pursuant to s. 63.087, a previously filed petition for adeclaratory statement filed under this section must be consolidated witha related subsequently filed petition for termination of parental rights. Ifthe petition for declaratory statement is filed after the judgementterminating parental rights has been entered, the action for declaratorystatement must be consolidated with any related petition for adoption.Only one filing fee may be assessed for

Rep. Lynn moved the adoption of the amendment.

On motion by Rep. Lynn, under Rule 12.2(c), the following late-filedsubstitute amendment was considered.



Substitute Amendment 4—On page 78,remove from the bill: lines 21-23


(e) When a petition for a declaratory statement as to the adoptioncontract is filed prior to the commencement of proceedings to terminateparental rights, it must be filed in accordance with the venuerequirements for the filing of the petition terminating parental rightsunder s. 63.087. Pursuant to s. 63.087, a previously filed petition for adeclaratory statement filed under this section must be consolidated witha related subsequently filed petition for termination of parental rights. Ifthe petition for declaratory statement is filed after the judgmentterminating parental rights has been entered, the action for declaratorystatement must be consolidated with any related petition for adoption.Only one filing fee may be assessed for

Rep. Lynn moved the adoption of the substitute amendment, whichwas adopted.




Amendment 5—On page 80, between lines 7 and 8 of the bill afterthe word “rights”

insert: (c) A copy of any declaratory statement previously entered by thecourt pursuant to s. 63.102.


On motion by Rep. Lynn, under Rule 12.2(c), the following late-filedsubstitute amendment was considered.



Substitute Amendment 5—On page 80, between lines 7 and 8 of thebill

insert:

(c) A copy of any declaratory statement previously entered by thecourt pursuant to s. 63.102.

Rep. Lynn moved the adoption of the substitute amendment, whichwas adopted.



Amendment 6 (with title amendment)—On page 103, betweenlines 2 and 3 of the bill

insert:

Section 39. Section 395.1024, F.S., is created to read:

395.1024 Patients Consenting to Adoptions; Protocols

(1) Each licensed facility shall adopt a protocol that at a minimumprovides for facility staff to be knowledgeable of the waiting periods,revocation and the contents of the consent to adoption as contained in s.63.082(4), and describes the supportive and unbiased manner in whichfacility staff will interact with birth parents and prospective adoptiveparents regarding the adoption, in particular during the waiting periodrequired in s. 63.082(4)(b) before consenting to an adoption.

(2) The protocol shall be in writing and be provided upon request toany birth parent or prospective adoptive parent of a child born in thefacility.


On page 5, line 3 after the semicolon

insert: creating s. 383.3104, F.S.; requiring a licensed facility to adoptprotocol for staff concerning adoption;


On motion by Rep. Lynn, under Rule 12.2(c), the following late-filedamendment to the amendment was considered.



Amendment 1 to Amendment 6—In the title, on page 2, line 9remove from the amendment: s. 383.3104

and insert in lieu thereof: s.395.1024

Rep. Lynn moved the adoption of the amendment to the amendment,which was adopted.


The question recurred on the adoption of Amendment 6, as amended,which was adopted.



Amendment 7 (with title amendment)—On page 103, betweenlines 2 and 3 of the bill

insert:

Section 39. Section 383.310, F.S., is created to read:

383.310, F.S., Patients Consenting to Adoptions; Protocols

(1) Each licensed facility shall adopt a protocol that at a minimumprovides for facility staff to be knowledgeable of the waiting periods,revocation and the contents of the consent to adoption as contained in s.63.082(4), and describes the supportive and unbiased manner in whichfacility staff will interact with birth parents and prospective adoptiveparents regarding the adoption, in particular during the waiting periodrequired in s. 63.082(4)(b) before consenting to an adoption.

(2) The protocol shall be in writing and be provided upon request toany birth parent or prospective adoptive parent of a child born in thefacility.


On page 5, line 3 after the semicolon

insert: creating s. 383.310, F.S.; requiring a licensed facility to adoptprotocol for staff concerning adoption;



CS/HB 245—A bill to be entitled An act relating to the ParoleCommission; creating the “Parole Commission Reform Act of 2001”;amending s. 20.055, F.S.; deleting the requirement that the ParoleCommission have an inspector general; amending s. 944.605, F.S.;requiring the Department of Corrections, rather than the ParoleCommission or the Control Release Authority, to notify certain entitiesprior to inmate release; amending s. 947.04, F.S.; permitting ParoleCommission staff to establish and maintain field offices within existingdepartment facilities; amending s. 947.1405, F.S.; providing for deferralof conditional release supervision to probation or community control;providing for automatic revocation of conditional release supervisionand forfeiture of gain-time under certain circumstances; providing forreversion to conditional release supervision under certain conditions;requiring the Department of Corrections to review an inmate’s programparticipation and other records prior to conditional release, to conducta personal interview with the inmate, to forward the inmate’s releaseplan to the Parole Commission, and to make recommendations to thecommission; authorizing the commission to impose requirementsrelating to curfews; correcting references; clarifying the requirementthat the commission impose restrictions relating to contact withchildren; authorizing the commission to require electronic monitoringfor certain releasees; authorizing the Parole Commission to adopt rulesnecessary to implement the Conditional Release Program Act;amending s. 947.24, F.S.; requiring the department to provide to thecommission information for parole or release reviews; repealing s.947.175, F.S., relating to notice to local agencies by the ParoleCommission; repealing s. 947.177, F.S., relating to inmate release,notice by Department of Corrections, Control Release Authority, orParole Commission; providing for a reduction in the number of existingfull-time positions within the commission; providing an effective date.


Representative(s) Richardson and Brummer offered the following:


Amendment 1 (with title amendment)—On page 13, line 28,through page 14, line 2remove from the bill: all of said lines



On page 2 lines 14-16,remove from the title of the bill: all of said lines

and insert in lieu thereof: Commission; providing an effective date.

Rep. Brummer moved the adoption of the amendment, which wasadopted.


Reviser’s Bills

HB 657—A bill to be entitled An act relating to the official FloridaStatutes; amending ss. 11.2421, 11.2422, 11.2424, and 11.2425, FloridaStatutes; adopting the Florida Statutes 2001 and designating theportions thereof that are to constitute the official law of the state;providing that the Florida Statutes 2001 shall be effective immediatelyupon publication; providing that general laws enacted during the 2000regular session and prior thereto and not included in the FloridaStatutes 2001 are repealed; providing that general laws enacted duringthe 2001 regular session are not repealed by this adoption act.


HB 659—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 11.513, 17.26, 20.12, 20.315, 20.3315, 20.50,24.113, 39.0015, 39.202, 39.3065, 55.209, 101.545, 110.112, 121.021,121.051, 125.0108, 163.065, 163.2517, 163.345, 163.458, 166.231,171.093, 186.504, 192.001, and 212.08, F.S.; renumbering s.20.171(5)(c), F.S.; reenacting ss. 20.316(4)(f), 162.04(5), and212.055(2)(c), F.S.; and repealing ss. 20.331(6)(d), 121.091(9)(b)11.,122.20(2), 163.2520(3), and 210.20(2)(b), F.S., pursuant to s. 11.242,F.S.; deleting provisions which have expired, have become obsolete,have had their effect, have served their purpose, or have been impliedlyrepealed or superseded; replacing incorrect cross-references andcitations; correcting grammatical, typographical, and like errors;removing inconsistencies, redundancies, and unnecessary repetition inthe statutes; improving the clarity of the statutes and facilitating theircorrect interpretation; and confirming the restoration of provisionsunintentionally omitted from republication in the acts of the Legislatureduring the amendatory process.


HB 661—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 215.96, 216.015, 216.177, 216.181, 216.348,218.21, 228.082, 228.195, 229.006, 229.085, 229.57, 231.262, 231.6215,232.50, 233.0655, 233.068, 235.26, 236.1225, 240.145, 240.2995,240.345, 240.40208, 240.5285, 240.529, 240.711, 252.32, 252.34, 252.35,252.36, 252.38, 252.46, 252.47, 252.50, 252.52, 253.115, 253.7829,255.101, 255.102, 255.25, 255.5535, 259.037, 259.101, 265.284, 267.171,282.303, 283.33, 285.18, 287.042, 287.055, 287.057, 287.0943, 288.012,288.106, 288.1066, 288.1167, 288.1169, 288.1229, 290.0065, 290.007,320.0848, 320.20, 320.27, 323.001, 328.16, 331.304, and 348.7543, F.S.;reenacting ss. 216.292(1)(b), 228.056(10), 231.600, 259.032(12),265.284(4), 287.055(4)(b), and 322.051(1), F.S.; and repealing ss.236.25(5)(b)1.-3. and 288.7771(1), F.S., pursuant to s. 11.242, F.S.;deleting provisions which have expired, have become obsolete, have hadtheir effect, have served their purpose, or have been impliedly repealedor superseded; replacing incorrect cross-references and citations;correcting grammatical, typographical, and like errors; removinginconsistencies, redundancies, and unnecessary repetition in thestatutes; improving the clarity of the statutes and facilitating theircorrect interpretation; and confirming the restoration of provisionsunintentionally omitted from republication in the acts of the Legislatureduring the amendatory process.


HB 663—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 370.0603, 370.092, 370.093, 370.12, 372.5712,372.5715, 373.4135, 375.021, 376.30713, 377.703, 380.012, 380.0555,381.003, 381.004, 381.0065, 381.0303, 381.90, 383.50, 384.29, 393.0641,394.875, 395.0163, 395.4045, 395.602, 395.7015, 400.0091, 400.022,400.023, 400.141, 400.408, 400.464, 400.980, 402.166, 402.28, 402.50,403.031, 403.714, 403.718, 403.7191, 403.7192, 408.02, 408.0361,409.145, 409.1685, 409.908, 409.912, 409.946, 414.105, 418.302,420.506, 420.507, 435.03, 435.05, 435.07, 440.15, 440.381, 440.4416,443.1715, 445.024, 446.50, 456.025, 456.039, 458.3135, 458.319, and460.403, F.S.; reenacting ss. 370.021(2), 375.045, 397.405, 409.9122(1),445.003(6)(b), 445.009(7)(c), 467.001, 467.002, 467.004, 467.011,467.0125, 467.014, 467.015, 467.016, 467.017, 467.201, 467.203,467.205, 467.207, and 468.354(3)(b), F.S.; and repealing ss.373.4593(2)(a)-(c), 381.0045(3), 383.0112(2)(g), 411.01(9)(c), 421.37,421.38, 421.39, 421.40, 421.41, 421.42, 421.43, 421.44, 421.45,427.0159(2), and 464.0045, F.S., pursuant to s. 11.242, F.S.; deletingprovisions which have expired, have become obsolete, have had theireffect, have served their purpose, or have been impliedly repealed orsuperseded; replacing incorrect cross-references and citations;correcting grammatical, typographical, and like errors; removinginconsistencies, redundancies, and unnecessary repetition in thestatutes; improving the clarity of the statutes and facilitating theircorrect interpretation; and confirming the restoration of provisionsunintentionally omitted from republication in the acts of the Legislatureduring the amendatory process.


HB 665—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 470.016, 471.025, 472.001, 472.003, 472.005,472.011, 472.015, 472.021, 472.025, 472.027, 472.031, 472.037, 476.024,494.0017, 498.025, 499.015, 499.03, 499.05, 501.34, 514.0231, 527.01,527.02, 538.11, 550.6305, 550.904, 550.912, 553.381, 553.507, 553.902,569.11, 570.21, 576.045, 589.065, 597.003, 597.0041, 607.1901,617.1622, 620.8101, 620.9901, 626.112, 626.621, 626.6215, 626.797,626.844, 626.8734, 626.909, 626.9911, 626.99275, 627.031, 627.062,627.357, 627.481, 627.6487, 627.6699, 627.6735, 627.736, 627.9403,627.9407, 627.94072, 627.944, 628.909, 631.718, and 631.911, F.S.; andrepealing ss. 489.1136(1)(g), 499.005(26), 550.2633(3) and (4),624.408(1)(b)1., and 627.0661, F.S., pursuant to s. 11.242, F.S.; deletingprovisions which have expired, have become obsolete, have had theireffect, have served their purpose, or have been impliedly repealed orsuperseded; replacing incorrect cross-references and citations;correcting grammatical, typographical, and like errors; removinginconsistencies, redundancies, and unnecessary repetition in thestatutes; improving the clarity of the statutes and facilitating theircorrect interpretation; and confirming the restoration of provisionsunintentionally omitted from republication in the acts of the Legislatureduring the amendatory process.


HB 667—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 632.635, 633.021, 633.025, 634.191, 634.281,641.185, 641.225, 642.032, 642.043, 648.44, 651.095, 651.106, 655.50,655.962, 663.02, 663.09, 663.14, 715.07, 718.103, 718.111, 718.112,718.504, 784.075, 817.55, 828.1231, 849.086, 849.0931, 914.27,921.0022, 943.08, 943.11, 943.125, 960.065, 984.03, 985.201, 985.215,985.225, and 985.228, F.S.; and reenacting ss. 985.23 and 985.3141,F.S., pursuant to s. 11.242, F.S.; deleting provisions which have expired,have become obsolete, have had their effect, have served their purpose,or have been impliedly repealed or superseded; replacing incorrectcross-references and citations; correcting grammatical, typographical,and like errors; removing inconsistencies, redundancies, andunnecessary repetition in the statutes; improving the clarity of thestatutes and facilitating their correct interpretation; and confirming therestoration of provisions unintentionally omitted from republication inthe acts of the Legislature during the amendatory process.



HB 669—A reviser’s bill to be entitled An act relating to the FloridaStatutes; repealing ss. 17.43(3), 20.2553(3), 61.182, 240.3835, 240.408,290.0075, 403.8533(3), 442.001, 442.002, 442.003, 442.004, 442.005,442.006, 442.007, 442.008, 442.009, 442.0105, 442.011, 442.012,442.013, 442.014, 442.015, 442.016, 442.017, 442.018, 442.019, 442.020,442.021, 442.022, 442.023, 442.101, 442.102, 442.103, 442.104, 442.105,442.106, 442.107, 442.108, 442.109, 442.111, 442.112, 442.113, 442.115,442.116, 442.118, 442.1185, 442.119, 442.121, 442.123, 442.125,442.126, 442.127, 442.20, 442.21, 570.205(3), and 713.5955, F.S.,pursuant to s. 11.242, F.S.; all of which provisions have becomeinoperative by noncurrent repeal or expiration and, pursuant to s.11.242(5)(b) and (i), may be omitted from the Florida Statutes 2001 onlythrough a reviser’s bill duly enacted by the Legislature; repealing s.290.009(2)(c), F.S., to conform to the repeal of s. 290.0075, F.S.;repealing s. 448.24(2)(d), F.S., to conform to the repeal of chapter 442,F.S.


HB 671—A reviser’s bill to be entitled An act relating to the FloridaStatutes; amending ss. 11.90, 228.082, 445.004, 570.61, and 893.138,F.S., to conform to the directive in s. 1, ch. 93-199, Laws of Florida, toremove gender-specific references applicable to human beings from theFlorida Statutes without substantive change in legal effect.


Repeal Bill

CS/HB 4007—A bill to be entitled An act relating to obsolete, expired,or repealed provisions of law; repealing various provisions of law thathave become obsolete, have had their effect, have served their purpose,or have been impliedly repealed or superseded; repealing s. 20.171(5)(c),F.S., relating to Department of Labor and Employment Security;deleting the Division of Blind Services from the Department of Laborand Employment Security to conform to the transfer of said division bychapter 99-240, Laws of Florida; repealing s. 34.021(3), F.S., relating toqualifications of county court judges; amending s. 39.824, F.S.; deletingobsolete provision relating to adoption of rules of criminal procedure;repealing s. 193.102(1), F.S., relating to obsolete provisions relating tolands subject to tax sale certificates and assessments; repealing s.206.9825(2), F.S., relating to limitation on aviation fuel tax; amendings. 212.08, F.S.; repealing obsolete provisions relating to the sales, rental,use, consumption, distribution, and storage tax; amending s. 220.1501,F.S., relating to rulemaking authority to implement s. 220.15(2)(c),(4)(c), and (8), F.S.; deleting obsolete provision relating to report byBoard of Regents; repealing s. 255.259(3), F.S.; deleting obsoleteprovision relating to xeriscape landscaping on public property; repealings. 373.0361(3), F.S.; deleting obsolete provision relating to regionalwater supply planning; repealing s. 381.895(7), F.S., relating tostandards for compressed air used for recreational diving; deletingobsolete effective date for said section; amending s. 394.4985, F.S.;deleting obsolete provision relating to implementation plan for adistrictwide comprehensive child and adolescent mental healthinformation and referral network; repealing s. 409.2559, F.S., relatingto state disbursement unit; repealing s. 414.70(5), F.S.; deleting obsoleteprovision relating to evaluations and recommendations relating to thedrug-screening and drug-testing program; amending s. 420.504, F.S.;repealing obsolete provision relating to changes in membershipcategories; amending s. 440.4416, F.S.; repealing obsolete provisionrelating to a report to the Legislature by the Workers’ CompensationOversight Board; repealing s. 468.609(6)(b), F.S.; deleting obsoleteprovision relating to building code administrators, plans examiners, andbuilding code inspectors; repealing s. 570.381(1), F.S., relating tolegislative findings relating to Appaloosa racing and breeding; repealings. 624.4085(11), F.S., relating to risk-based capital reports; repealing s.624.4392(2), F.S., relating to multiple-employer welfare arrangements;amending s. 626.2815, F.S.; repealing obsolete provision relating toestablishment of criteria by the continuing education advisory board;amending s. 626.918, F.S.; repealing obsolete provisions relating to therequired surplus as to policyholders for surplus lines insurers; repealing

s. 627.4145 (6)(e), F.S., relating to obsolete exception to provisionsrelating to readable language in insurance policies; repealing s.627.4147(3), F.S., relating to expired provision relating to medicalmalpractice insurance contracts; amending s. 627.6492, F.S.; repealingobsolete provision relating to operating losses by insurers; amending s.629.401, F.S.; deleting obsolete provisions relating to capitalization byunderwriting members and certain investments existing prior to July 2,1987; repealing s. 631.911(1), F.S., relating to creation of the FloridaWorkers’ Compensation Insurance Guaranty Association, Incorporated,merger, and effect of merger; repealing s. 631.912(3), F.S., relating toboard of directors of the Florida Workers’ Compensation InsuranceGuaranty Association, Incorporated; deleting references to s. 631.911(1),F. S., to conform; repealing s. 631.929, F.S., relating to election ofremedies; amending s. 636.016, F.S.; repealing obsolete provisionrelating to prepaid limited health service organizations licensed prior toOctober 1, 1993; amending s. 636.043, F.S.; repealing obsoleteprovisions relating to financial statements required by certain prepaidlimited health service organizations; repealing s. 713.5955, F.S.,relating to acquisition of title to unclaimed molds; amending s. 721.24,F.S.; repealing obsolete provisions relating to delay of installation offiresafety equipment for timeshare units of timeshare plans; amendings. 744.7021, F.S.; repealing obsolete provision relating to submission ofreport relating to the Statewide Public Guardianship Office; repealings. 753.004, F.S., relating to supervised visitation projects; providing aneffective date.


On motion by Rep. Mahon, under Rule 12.2(c), the following late-filedamendment was considered.

Representative(s) Mahon offered the following:


Amendment 1 (with title amendment)—On page 4, lines 18 and19,remove from the bill: all of said lines


On page 1, lines 7-9,remove from the title of the bill: all of said lines

and insert in lieu thereof: superseded; deleting the Division of Blind

Rep. Mahon moved the adoption of the amendment, which wasadopted.


Bills Subject to Special Rule

HB 383—A bill to be entitled An act relating to a public recordsexemption for bank account numbers or debit, charge, or credit cardnumbers obtained by agencies; amending s. 119.07, F.S., which providesan exemption from public records requirements for bank accountnumbers or debit, charge, or credit card numbers given to an agency forthe purpose of payment of fee or debt; reenacting such exemption andremoving the October 2, 2001, repeal thereof scheduled under the OpenGovernment Sunset Review Act of 1995; providing an effective date.


HB 385—A bill to be entitled An act relating to a public recordsexemption for certain information used by municipally owned utilities;amending s. 119.07, F.S., which provides an exemption from publicrecords requirements for a specified period of time for certaininformation used by a municipal utility to prepare and submit certainsealed bids to customers or prospective customers; reenacting suchexemption and removing the October 2, 2001, repeal thereof scheduledunder the Open Government Sunset Review Act of 1995; providing aneffective date.



HB 387—A bill to be entitled An act relating to a public recordsexemption for certain information obtained by the direct-supportorganization authorized to assist in the promotion of sports-relatedindustries; amending s. 288.12295, F.S., which provides an exemptionfrom public records requirements for the identity of donors andprospective donors to the direct-support organization; reenacting suchexemption and removing the October 2, 2001, repeal thereof scheduledunder the Open Government Sunset Review Act of 1995; providing aneffective date.


HB 389—A bill to be entitled An act relating to a public recordsexemption for certain records of economic development agencies whichcontain information concerning private entities; amending s. 288.075,F.S., which provides an exemption from public records requirements forrecords of an economic development agency which contain or wouldprovide plans, intentions, or interests of private entities regarding theirbusiness activities; reenacting such exemption and removing theOctober 2, 2001, repeal thereof scheduled under the Open GovernmentSunset Review Act of 1995; providing an effective date.


HB 391—A bill to be entitled An act relating to public recordsexemptions for certain information obtained in connection withadministration of the qualified defense contractor and qualified targetindustry tax refund programs; amending s. 288.1066, F.S., whichprovides exemptions from public records requirements for certainidentifying, proprietary, tax, and trade secret information received inconnection with administering said tax refund programs; reenactingsuch exemptions and removing the October 2, 2001, repeal thereofscheduled under the Open Government Sunset Review Act of 1995;deleting superfluous language; providing an effective date.


HB 393—A bill to be entitled An act relating to a public recordsexemption for certain information obtained by the Florida TourismIndustry Marketing Corporation; amending s. 288.1226, F.S., whichprovides an exemption from public records requirements for the identityof any person responding to marketing or research projects conducted bythe corporation and for trade secrets obtained pursuant thereto;reenacting such exemption and removing the October 2, 2001, repealthereof scheduled under the Open Government Sunset Review Act of1995; providing an effective date.


HB 395—A bill to be entitled An act relating to public recordsexemptions for specified information relating to airports; amending s.331.22, F.S., which provides exemptions from public recordsrequirements for airport security plans of an aviation authority orcounty or municipal aviation department and for other material thatdepicts critical airport operating facilities; reenacting such exemptionsand removing the October 2, 2001, repeal thereof scheduled under theOpen Government Sunset Review Act of 1995; providing an effectivedate.


HB 397—A bill to be entitled An act relating to a public recordsexemption for certain information relating to prepayment of electronictoll facility charges; amending s. 338.155, F.S., which provides anexemption from public records requirements for personal identifyinginformation given to the Department of Transportation, a county, or anexpressway authority for the purpose of prepaying electronic toll facilitycharges by check, credit card, or charge card; reenacting such exemptionand removing the October 2, 2001, repeal thereof scheduled under the

Open Government Sunset Review Act of 1995; clarifying a crossreference; providing an effective date.


HB 399—A bill to be entitled An act relating to a public recordsexemption for certain information relating to emergency telephonenumber “911”; amending s. 365.171, F.S., which provides an exemptionfrom public records requirements for information that reveals the name,address, telephone number, or personal information about, or otherinformation that would identify, a person requesting emergency serviceor reporting an emergency; reenacting such exemption and removingthe October 2, 2001, repeal thereof scheduled under the OpenGovernment Sunset Review Act of 1995; correcting a reference;providing an effective date.


HB 401—A bill to be entitled An act relating to a public recordsexemption for certain information submitted to the Office of theAttorney General by members of the health care community; amendings. 408.185, F.S., which provides an exemption from public recordsrequirements for certain documents, contracts, and proprietaryconfidential business information submitted by such entities inconnection with a request for an antitrust no-action letter for a specifiedperiod; reenacting such exemption and removing the October 2, 2001,repeal thereof scheduled under the Open Government Sunset ReviewAct of 1995; providing an effective date.


HB 403—A bill to be entitled An act relating to a public recordsexemption for records relating to pawnbroker transactions; amending s.539.003, F.S., which provides an exemption from public recordsrequirements for records relating to pawnbroker transactions deliveredto appropriate law enforcement officials; reenacting such exemption andremoving the October 2, 2001, repeal thereof scheduled under the OpenGovernment Sunset Review Act of 1995; providing an effective date.


HB 405—A bill to be entitled An act relating to public recordsexemptions for certain surplus lines insurance records; amending s.626.921, F.S., which provides an exemption from public recordsrequirements for certain surplus lines insurance information submittedto the Department of Insurance or available for inspection by thedepartment; reenacting such exemption and removing the October 2,2001, repeal thereof scheduled under the Open Government SunsetReview Act of 1995; narrowing the exemption to apply to informationspecific to a particular policy or policyholder; providing an exemptionfrom public records requirements for certain surplus lines insuranceinformation submitted to the Florida Surplus Lines Service Office;providing for future review and repeal; providing a finding of publicnecessity; providing an effective date.


HB 407—A bill to be entitled An act relating to public records andmeetings exemptions for university health services supportorganizations; repealing s. 240.2995(6), F.S., which provides thatmeetings of the governing board of a university health services supportorganization are public and requires that certain records be madeavailable to the Department of Insurance; amending s. 240.2996, F.S.,which provides exemptions from public records and meetingsrequirements for certain contracts and related documents, marketingplans, trade secrets, and evaluation records of such organizations, formeetings at which any of such records or information is discussed, andfor records of such meetings; reenacting such exemptions and removingthe October 2, 2001, repeal thereof scheduled under the Open


Government Sunset Review Act of 1995; narrowing the type ofmarketing plans exempted; requiring university health services supportorganizations to make certain records available to the Department ofInsurance; providing an effective date.


Motion to Adjourn

Rep. Byrd moved that the House adjourn for the purpose of holdingcommittee and council meetings and conducting other House business,to reconvene at 12:30 p.m., Thursday, March 8. The motion was agreedto.

CosponsorsCS/HB 3—FiorentinoHB 5—Crow, SlosbergHB 23—GottliebHB 25—SlosbergHB 29—SlosbergHB 85—Fields, LernerHB 95—PaulHB 119—GannonHB 157—FieldsHB 179—BucherHB 193—BucherHB 233—FieldsCS/HB 277—WeissmanCS/HB 279—BucherHB 311—SlosbergHB 381—SlosbergHB 459—ByrdHB 461—Bucher, SlosbergHB 483—SlosbergHB 575—JohnsonHB 621—Farkas

Introduction and Reference

By Representative Spratt—

HB 943—A bill to be entitled An act relating to the Immokalee FireControl District, Collier County; amending chapter 2000-393, Laws ofFlorida, to include specific authorization of the imposition, collection,and use of impact fees as provided in chapter 191, Florida Statutes;providing an effective date.

Proof of publication of the required notice was attached.

First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Machek—

HB 945—A bill to be entitled An act relating to the Solid WasteAuthority of Palm Beach County, a dependent special district in PalmBeach County; codifying the Authority’s charter, chapter 75-473, Lawsof Florida, as amended, pursuant to s. 189.429, F.S.; providinglegislative intent; amending, codifying, and reenacting all special actsrelating to the Solid Waste Authority of Palm Beach County as a singleact; providing a short title; providing declaration of legislative intent;providing for application to incorporated and unincorporated areas;providing definitions; providing purposes and powers; providingexemption from taxation; providing prohibition, permits, and penalty;providing enforcement; providing injunctive relief; providing judicialreview; providing severability; repealing all prior special acts related tothe Authority; providing an effective date.



By Representative Seiler—

HB 947—A bill to be entitled An act relating to medical malpracticepresuit investigations; amending s. 766.104, F.S.; authorizing the

release of certain records relating to medical care and treatment of adecedent upon the request of certain persons; providing exemption fromliability and discipline for health care practitioners complying in goodfaith; providing an effective date.


By Representative Attkisson—

HB 949—A bill to be entitled An act relating to local governmentregulation of water or wastewater utilities; amending s. 367.171, F.S.;providing for regulation of certain utilities by certain counties;prohibiting exercise of eminent domain by certain governmental entitiesunder certain circumstances; providing an effective date.


By the Committee on Crime Prevention, Corrections & Safety;Representative Bilirakis—

HJR 951—A joint resolution proposing an amendment to Section 17of Article I of the State Constitution relating to excessive punishment.


By the Committee on Crime Prevention, Corrections & Safety;Representative Bilirakis—

HB 953—A bill to be entitled An act relating to burglary; creating s.810.015, F.S.; providing legislative findings and intent; providing forretroactive operation; amending s. 810.02, F.S.; revising the definitionof burglary; reenacting s. 943.325(1)(a), F.S.; providing an effective date.


By Representative Bean—

HB 955—A bill to be entitled An act relating to correctional officers;creating s. 943.105, F.S.; creating the “Job Protection for CorrectionalOfficers Act”; providing for certain employment appeals to a complaintreview board; providing for a definition of just cause; providing for thecreation of ad hoc complaint review boards; providing for the function ofsuch boards; providing for membership; providing procedures withrespect to appeals; providing an effective date.


By Representative Bendross-Mindingall—

HB 957—A bill to be entitled An act relating to nursing homeexpenditures of state funds; providing legislative findings, declarations,and intent; prohibiting use of state funds for certain purposes; providingconstruction; providing for enforcement; authorizing civil actions;providing procedures and requirements; providing penalties; providingapplication; providing protection for certain persons; providingseverability; providing an effective date.


By Representative Gottlieb—

HB 959—A bill to be entitled An act relating to mortgage foreclosureproceedings; providing for expedited procedure under certain conditions;providing that a hearing and an adjudication that requested attorney’sfees are reasonable are not necessary under certain conditions;providing that attorney’s fees when provided in a note or mortgageconstitute liquidated damages; amending s. 702.10, F.S.; specifyinginformation to be included in an order to show cause why a finaljudgment of foreclosure should not be entered; providing that a hearingon attorney’s fees is unnecessary under certain circumstances; requiringthe court to enter a final judgment of foreclosure under certaincircumstances; providing an effective date.


By Representative Carassas—

HB 961—A bill to be entitled An act relating to nursing homes andrelated health care facilities; amending s. 400.235, F.S.; revising


membership and terms of the Governor’s Panel on Excellence in Long-Term Care; providing for selection of a panel chair; providing adefinition; amending s. 400.4195, F.S.; providing conditions underwhich the prohibition against payment of referral fees by assisted livingfacilities does not apply; providing an effective date.


By Representatives Spratt, Bowen, Alexander, Byrd, Dockery, Ryan,Flanagan, Attkisson, Kyle, Machek, Harrington, Kendrick, Pickens,Stansel, Gibson, and Bense—

HB 963—A bill to be entitled An act relating to tax on sales, use, andother transactions; amending s. 212.08, F.S.; providing a full exemptionfor self-propelled, power-drawn, or power-driven farm equipment usedexclusively on a farm or in a forest in specified activities; revisingapplication of the exemption for items in agricultural use with respectto certain protective materials and certain baling materials; amendings. 212.12, F.S., relating to promulgation of tax brackets by theDepartment of Revenue, to conform; providing an effective date.


By Representative Ritter—

HB 965—A bill to be entitled An act relating to felony offenses;amending s. 316.1935, F.S.; providing an enhanced penalty for theoffense of fleeing or eluding a law enforcement officer if, in the course ofthe violation, the defendant causes serious bodily injury to another;amending s. 812.014, F.S.; providing an enhanced penalty for the offenseof motor vehicle theft if the defendant has more than a specified numberof prior convictions for such offense; amending s. 812.16, F.S.; increasingthe penalty for the offense of operating a chop shop; providing aneffective date.


By Representative Gardiner—

HB 967—A bill to be entitled An act relating to enterprise zones;authorizing the Office of Tourism, Trade, and Economic Development toamend the boundaries of an enterprise zone upon application by certaincounties; providing requirements with respect thereto; providing aneffective date.


By Representative Clarke—

HB 969—A bill to be entitled An act relating to dissolution ofmarriage; amending s. 28.101, F.S.; providing an additional chargewhen a party petitions for a dissolution of marriage; providing for thedisposition of the charge for the payment of a policy of insurance toprovide child support payments when the payor’s employment has beeninvoluntary terminated; providing a definition; directing the clerk tokeep certain records; providing an effective date.


By Representative Attkisson—

HB 971—A bill to be entitled An act relating to charter schoolfacilities funding; amending s. 228.0561, F.S.; providing credits towardimpact fees for contributions of charter school facilities or land bydevelopers; correcting cross references; deleting a redundant provision;providing an effective date.


By Representative Davis—

HB 973—A bill to be entitled An act relating to total and permanentlydisabled persons; amending ss. 196.012 and 196.101, F.S.; reducing thenumber of physicians necessary to certify a total and permanentdisability for homestead exemption purposes; providing an effectivedate.


By Representative Spratt—

HB 975—A bill to be entitled An act relating to the Sebring AirportAuthority, Highlands County; amending s. 8, ch. 67-2070, Laws ofFlorida, as amended; increasing the threshold for requiring bids for thepurchase of property and services; amending s. 3, ch. 67-2070, Laws ofFlorida, as amended; including additional property under thejurisdiction of the authority; amending s. 6, ch. 67-2070, Laws ofFlorida, as amended; providing additional powers and duties of theauthority; requiring the authority to maintain confidentiality of recordsmade confidential pursuant to general law; amending s. 4, ch. 67-2070,Laws of Florida, as amended; providing that an affirmative vote of amajority of the members present at a meeting where there is a quorumshall be necessary for any action by the board; providing an effectivedate.



By Representative Murman—

HB 977—A bill to be entitled An act relating to school readiness;amending s. 20.50, F.S.; removing the requirement that the Agency forWorkforce Innovation be a separate budget entity from the Departmentof Management Services; assigning certain responsibility foradministering school readiness programs to the agency; requiring theagency’s unified budget to include funding for school readiness;renaming offices within the agency; directing the agency to be thedesignated agency for purpose of federal school readiness grants;requiring disbursement of school readiness grants pursuant to plansand policies of the Florida Partnership for School Readiness; makingcertain responsibilities subject to appropriations; amending s. 216.136,F.S.; adding staff of the Agency for Workforce Innovation to the SchoolReadiness Program Estimating Conference; correcting cross references;amending s. 230.23, F.S.; requiring school boards to work through theFlorida Partnership for School Readiness with regard to programs forearly childhood and basic skills development; renumbering as s. 412.51,F.S., and amending s. 411.01, F.S.; transferring the Florida Partnershipfor School Readiness from the Executive Office of the Governor to theAgency for Workforce Innovation; increasing the membership of thepartnership and the number of members required for a quorum;requiring partnership members to abstain from voting in certaincircumstances; designating the partnership as the lead agency forcertain federal programs; authorizing the partnership to adopt rulesthrough the agency; directing that the partnership’s budget shall be partof the agency’s budget; revising entities to which the partnership mustmake legislative recommendations; requiring the partnership toprepare a long-range program plan; changing the membership of localschool readiness coalitions; requiring members of the coalitions toabstain from voting in certain circumstances; authorizing the schoolreadiness program to include certain school-age children; correctingcross references; renumbering as s. 412.52, F.S., and amending s.230.2303, F.S.; transferring certain responsibilities from school districtsto local school readiness coalitions; removing the requirement that theCommissioner of Education approve the inclusion of Florida First StartPrograms in local school readiness plans; assigning parent resourcecenters to local coalitions; transferring certain responsibilities for themonitoring of and the provision of technical assistance to local schoolreadiness programs from the Commissioner of Education to the FloridaPartnership for School Readiness; providing reporting requirements;renumbering as s. 412.53, F.S., and amending s. 230.2305, F.S.;modifying legislative intent to recognize the involvement of local schoolreadiness coalitions in prekindergarten programs; deleting references toschool districts and eliminating district and district employeeresponsibility for certain programs; transferring certain responsibilitiesto local school readiness coalitions; requiring the Florida Partnership forSchool Readiness to establish performance standards for earlyeducation and child care programs; requiring the local school readinesscoalitions to establish a sliding fee scale; authorizing different adult-child ratios in certain programs under certain circumstances;authorizing the local school readiness coalitions to delegate certainresponsibilities; requiring reports; removing obsolete language;


eliminating district interagency coordinating councils regardingprekindergarten programs; renumbering as s. 412.54, F.S., andamending s. 230.2306, F.S.; transferring certain responsibilities fromschool districts and certain preschool agencies and providers to localschool readiness coalitions; amending s. 240.529, F.S.; deleting obsoletelanguage; requiring that certain information be sent to local schoolreadiness coalitions and the Florida Partnership for School Readiness;renumbering s. 402.25, F.S., as s. 412.55, F.S.; renumbering as s.412.551, F.S., and amending s. 402.27, F.S.; transferring certainresponsibilities regarding child care services from the Department ofChildren and Family Services to the Florida Partnership for SchoolReadiness; authorizing local school readiness coalitions to select localresource and referral providers without preferences; limiting thenumber of child care resource and referral service agencies; requiringsuch agencies to provide certain services; changing references to theWAGES program to the welfare transition program; correcting a crossreference; repealing s. 402.28, F.S., relating to “Child Care Plus”facilities; renumbering as s. 412.553, F.S., and amending s. 402.281,F.S.; transferring responsibilities relating to the Gold Seal Quality Careprogram relating to child care from the Department of Children andFamily Services to the Florida Partnership for School Readiness;correcting a cross reference; renumbering as s. 412.554, F.S., andamending s. 402.301, F.S.; correcting cross references; directing thePartnership for School Readiness to provide certain assistance in lieu ofthe Department of Children and Family Services; renumbering as s.412.555, F.S., and amending s. 402.3015, F.S.; removing qualifier ondefinition of families at risk for welfare dependency; authorizing theFlorida Partnership on School Readiness to authorize services forcertain children; changing reference to the WAGES program to thewelfare transition program; removing certain persons from eligibility toreceive subsidized child care services; removing authority of theDepartment of Children and Family Services to set certain fees;transferring certain authority and responsibility from the departmentto the Agency for Workforce Innovation or to local school readinesscoalitions; requiring certain providers to provide access to local schoolreadiness coalitions for monitoring purposes; requiring the Division ofRisk Management to provide insurance to local school readinesscoalitions for certain purposes; requiring local school readinesscoalitions, in lieu of community child care coordinating agencies, toprovide certain services; eliminating the requirement to develop certainplans relating to state subsidized child care; eliminating the monitoringof certain programs by the Department of Children and Family Services;correcting a cross reference; renumbering s. 402.3016, F.S., as s.412.556, F.S.; renumbering as s. 412.557, F.S., and amending s.402.3017, F.S.; authorizing the Florida Partnership for SchoolReadiness, rather than the Department of Children and FamilyServices, to contract for the administration of the Teacher Educationand Compensation Helps scholarship program; providing rulemakingauthority; renumbering as s. 412.558, F.S., and amending s. 402.3018,F.S.; transferring certain authority and responsibilities regardingassistance to child services providers from the Department of Childrenand Family Services to the Florida Partnership for School Readinessand the Agency for Workforce Innovation; renumbering as s. 412.56,F.S., and amending s. 402.302, F.S.; providing definitions; deleting thedefinition of the term “secretary”; correcting cross references;renumbering as s. 412.561, F.S., and amending s. 402.3025, F.S.;removing certain requirements for programs to be exempted fromcertain child care regulations; transferring certain rulemaking andmonitoring authority from the State Board of Education to the Agencyfor Workforce Innovation; transferring certain authority of theDepartment of Children and Family Services relating to nonpublicschools to the Agency for Workforce Innovation; correcting crossreferences; renumbering as s. 412.562, F.S., and amending s. 402.3027,F.S.; transferring certain authority of the Department of Children andFamily Services relating to observation and assessment of youngchildren in certain programs for children to the Florida Partnership forSchool Readiness; renumbering as s. 412.563, F.S., and amending s.402.3028, F.S.; including the Florida Partnership for School Readinessin agencies responsible for referrals for Level III assessment; correctingcross references; renumbering as s. 412.57, F.S., and amending s.402.305, F.S.; transferring the responsibility for establishing standardsrelating to the licensure of child care facilities from the Department of

Children and Family Services to the Agency for Workforce Innovation;transferring the obligation to evaluate school readiness staff trainingprograms from the State Coordinating Council for School ReadinessPrograms and the Department of Children and Family Services to theFlorida Partnership for School Readiness; transferring certainrulemaking authority from the Department of Children and FamilyServices to the Agency for Workforce Innovation; deleting obsoletelanguage; eliminating the child care technical review panel; correctingcross references; renumbering as s. 412.571, F.S., and amending s.402.3051, F.S.; providing a definition; transferring certain authorityrelating to reimbursement of providers from the Department ofChildren and Family Services to the Agency for Workforce Innovationand local school readiness coalitions; eliminating certain grantauthority of the Department of Children and Family Services;transferring certain rulemaking authority from the Department ofChildren and Family Services to the Agency for Workforce Innovation;correcting cross references; renumbering as s. 412.572, F.S., andamending s. 402.3052, F.S.; transferring the child developmentassociate training grants program from the Department of Children andFamily Services to the Agency for Workforce Innovation; removing theState Coordinating Council for School Readiness Programs as anadvisor to the program; transferring certain authority related to theprogram from the Department of Children and Family Services andothers to the Agency for Workforce Innovation, the Florida Partnershipfor School Readiness, and local school readiness coalitions; renumberings. 402.3054, F.S., as s. 412.573, F.S.; renumbering as s. 412.574, F.S.,and amending s. 402.3055, F.S.; transferring the regulatory authority,including the imposition of penalties, of the Department of Children andFamily services related to child care personnel to the Agency forWorkforce Innovation; correcting cross references; renumbering as s.412.575, F.S., and amending s. 402.3057, F.S.; correcting crossreferences; renumbering as s. 412.58, F.S., and amending s. 402.306,F.S.; transferring the authority of the Department of Children andFamily Services relating to local licensing of child care facilities to theAgency for Workforce Innovation; correcting a cross reference;renumbering as s. 412.59, F.S., and amending s. 402.307, F.S.;transferring the authority of the Department of Children and FamilyServices relating to the approval of local licensing agencies of child carefacilities to the Agency for Workforce Innovation; correcting crossreferences; renumbering as s. 412.60, F.S., and amending s. 402.308,F.S.; transferring the licensure authority of the Department of Childrenand Family Services relating to child care facilities to the Agency forWorkforce Innovation; correcting cross references; renumbering as s.412.61, F.S., and amending s. 402.309, F.S.; transferring the authorityof the Department of Children and Family Services relating toprovisional licensure of child care facilities to the Agency for WorkforceInnovation; correcting cross references; renumbering as s. 412.62, F.S.,and amending s. 402.310, F.S.; transferring disciplinary authority of theDepartment of Children and Family Services relating to child carefacilities to the Agency for Workforce Innovation; correcting crossreferences; renumbering as s. 412.63, F.S., and amending s. 402.311,F.S.; transferring the right of entry and inspection of child care facilitiesfrom the Department of Children and Family Services to the Agency forWorkforce Innovation; correcting cross references; renumbering as s.412.631, F.S., and amending s. 402.3115, F.S.; requiring the Agency forWorkforce Innovation to avoid duplicative and unnecessary inspectionsof child care facilities; renumbering as s. 412.64, F.S., and amending s.402.312, F.S.; transferring the authority to obtain certain injunctionsand to impose administrative fines from the Department of Childrenand Family Services to the Agency for Workforce Innovation; correctingcross references; renumbering as s. 412.641, F.S., and amending s.402.3125, F.S.; requiring child care facility licenses to bear the seal ofthe Agency for Workforce Innovation rather than the seal of theDepartment of Children and Family Services; transferring the duty ofthe Department of Children and Family Services to develop modelbrochures to the Agency for Workforce Innovation; correcting crossreferences; renumbering as s. 412.65, F.S., and amending s. 402.313,F.S.; transferring the authority, including rulemaking authority, of theDepartment of Children and Family Services relating to the licensure,registration, and disciplining of family day care homes to the Agency forWorkforce Innovation; deleting obsolete language; requiring the FloridaPartnership for School Readiness, rather than the Department of


Children and Family Services, to prepare a brochure on family day care,evaluate a registration and licensure system, and institute a mediacampaign; correcting cross references; renumbering as s. 412.651, F.S.,and amending s. 402.3131, F.S.; transferring the licensure anddisciplinary authority, including rulemaking authority, of theDepartment of Children and Family Services relating to large familychild care homes to the Agency for Workforce Innovation; requiring theAgency for Workforce Innovation, rather than the Department ofChildren and Family Services, to prepare a brochure on large family daycare homes; correcting cross references; renumbering as s. 412.652, F.S.,and amending s. 402.3135, F.S.; transferring the authority of theDepartment of Children and Family Services relating to the child carecase management program to the Agency for Workforce Innovation;renumbering as s. 412.66, F.S., and amending s. 402.314, F.S.; requiringthe Agency for Workforce Innovation, rather than the Department ofChildren and Family Services, to provide supportive services to childcare entities; renumbering as s. 412.661, F.S., and amending s.402.3145, F.S.; requiring the Agency for Workforce Innovation, ratherthan the Department of Children and Family Services, to establish asubsidized child care transportation system; requiring local schoolreadiness coalitions, rather than the state community child carecoordination agencies, to contract for the provision of transportationservices; renumbering as s. 412.67, F.S., and amending s. 402.315, F.S.;requiring the Agency for Workforce Innovation, rather than theDepartment of Children and Family Services, to bear certain licensurecosts; authorizing the agency to collect fees for deposit in its trust fund;correcting cross references; renumbering as s. 412.68, F.S., andamending s. 402.316, F.S.; requiring child care facilities claiming anexemption from licensure to notify the Agency for Workforce Innovationinstead of the Department of Children and Family Services; correctingcross references; renumbering s. 402.318, F.S., as s. 412.69, F.S.;renumbering as s. 412.70, F.S., and amending s. 402.319, F.S.;correcting cross references and terminology to conform to otherprovisions of the act; creating s. 412.71, F.S.; directing local schoolreadiness coalitions to establish certain fees and fee collectionprocedures; renumbering as s. 412.72, F.S., and amending s. 409.178,F.S.; requiring the Florida Partnership for School Readiness, ratherthan the Department of Children and Family Services, to provide staffto the Child Care Executive Partnership; requiring local schoolreadiness coalitions, rather than community coordinated child careagencies or the state resource and referral agency, to administer certainfunds, to meet matching requirements, to assess fees, and establishcommunity child care task forces; requiring the Florida Partnership forSchool Readiness, rather than the Department of Children and FamilyServices, to develop a procedure for the disbursement of certain funds;transferring certain rulemaking authority from the Department ofChildren and Family Services to the Florida Partnership for SchoolReadiness; providing for a type two transfer of the Florida Partnershipfor School Readiness from the Executive Office of the Governor to theAgency for Workforce Innovation; providing for a type two transfer ofsubsidized child care programs from the Department of Children andFamily Services to the Agency for Workforce Innovation; providing fora type two transfer of prekindergarten, migrant prekindergarten, andFlorida First Start programs from the Department of Education to theAgency for Workforce Innovation; providing for the leasing of staff to theFlorida Partnership for School Readiness; amending ss. 39.201, 196.095,212.08, 220.03, 220.19, 228.061, 229.808, 232.01, 381.0072, 393.0657,400.906, 400.953, 402.164, 402.26, 402.45, 409.1671, 409.1757, 411.011,411.203, 445.023, 624.5107, 627.70161, 893.13, 921.0022, 943.0585,943.059, 985.04, and 985.05, F.S.; correcting cross references; providingan effective date.


By Representatives Melvin, Miller, and Brown—

HB 979—A bill to be entitled An act relating to Okaloosa County;creating and establishing an independent special district in said countyto be known as the North Okaloosa Fire District; creating a charter;describing the district; prescribing its powers; providing for a board offire commissioners; providing for compensation; requiring a bond;providing for terms of office and for filling vacancies in office; providing

for meetings, minutes of meetings, and public access; providing forfinancial matters; authorizing non-ad valorem assessments; authorizingthe district to accept gifts and donations; providing the district’s fiscalyear; providing for collection of taxes; providing limits and guidelines forindebtedness of the district; prescribing authorized uses of districtfunds; providing a penalty; ratifying actions previously taken; requiringcertain notice of legal action; providing for a district expansion andmerger; providing severability; providing for a referendum; providing aneffective date.


By Representative Bucher—

HB 981—A bill to be entitled An act relating to the statewide anddistrict managed care ombudsman committees; amending s. 641.65,F.S.; revising district committee membership; revising provisionsrelating to district committee site visits and to referral of complaints tothe district committees by the Agency for Health Care Administration;amending s. 641.70, F.S.; providing additional duties of the districtcommittees; revising facility and administrative support servicesprovided by the agency to the statewide and district committees;providing for annual appropriations for operation of the districtcommittees, including members’ travel expenses; providing an effectivedate.


By Representative Murman—

HB 983—A bill to be entitled An act relating to trust funds; creatings. 412.515, F.S.; creating the School Readiness Trust Fund, to beadministered by the Agency for Workforce Innovation; providing forsources of funds and purpose; providing for investment of funds andannual carryforward of fund balances; providing requirements fordistribution and use of funds; providing for future review andtermination or re-creation of the trust fund; providing a contingenteffective date.


By Representatives Justice, Wiles, Stansel, and Siplin—

HB 985—A bill to be entitled An act relating to medical records;amending s. 456.057, F.S.; prohibiting the use of a patient’s medicalrecords for purposes of solicitation and marketing; providing fordiscipline, injunctive relief, and fines; providing an effective date.


By Representative Rubio—

HB 987—A bill to be entitled An act relating to regional culturalfacilities; creating s. 265.702, F.S.; authorizing the Division of CulturalAffairs of the Department of State to accept and administer funds toprovide grants for acquiring, renovating, or constructing regionalcultural facilities; providing for eligibility; requiring the Florida ArtsCouncil to review grant applications; requiring the council to submit anannual list to the Secretary of State; requiring the updating ofinformation submitted by an applicant that is carried over from a prioryear; providing definitions; providing standards for matching statefunds; limiting the maximum amounts of grants; granting rulemakingauthority to the division; providing an effective date.


By Representative Mealor—

HB 989—A bill to be entitled An act relating to the designation ofuniversity buildings and facilities; designating the new instruction andresearch building at Florida Atlantic University’s College of Nursing the“Louis and Anne Green Alzheimer’s Research Center”; designating theFlorida Atlantic University Dania Beach Campus facility the “KennethC. Jenne Building”; designating the observatory at Florida Gulf CoastUniversity the “Evelyn L. Egan Astronomical Observatory”; designating


the student and educational center at Florida Gulf Coast University the“Sugden Welcome Center”; designating the building at the Women’sSoccer and Softball Complex at Florida State University the “Mary AnnStiles and Barry Smith Team Building”; designating Building 146 atFlorida State University, known as the Molecular Biophysics Building,the “Kasha Laboratory”; designating the University of Central Florida’sSchool of Hospitality Management the “Rosen School of HospitalityManagement” and the facility that houses said school “Rosen Hall”;designating the new educational program facility at the FloridaMuseum of Natural History at the University of Florida the “William W.and Nadine M. McGuire Hall”; designating the new alumni center at theUniversity of Florida the “Emerson Alumni Hall”; designating the newaccounting building at the University of Florida’s Warrington School ofBusiness the “Gary R. Gerson Hall”; designating the women’sgymnasium at the University of Florida the “Kathryn Chicone UstlerHall”; designating the marine science complex at the University ofSouth Florida’s St. Petersburg Campus as the “C.W. ’Bill’ Young MarineScience Complex”; authorizing the erection of suitable markers;providing an effective date.


By Representatives Mayfield, Baxley, Green, Weissman, and Bean—

HB 991—A bill to be entitled An act relating to preneed funeralcontracts; repealing s. 497.417(5), F.S., to delete the authority ofcertificateholders offering preneed funeral merchandise and services torevest title to trust assets by posting a bond or using other forms ofsecurity or insurance; repealing ss. 497.423 and 497.425, F.S.; providingfor future repeal of provisions authorizing financial responsibilityalternatives to the placing of preneed funeral contract proceeds in trust;providing for continued validity of surety bonds issued prior to therepeal date and prohibiting the use of bonds or other forms of securityor insurance after that date; repealing ss. 497.337(2)(c), 497.409(2), and497.427, F.S.; providing for future repeal of provisions relating todelivery requirements for manufacturers of outer burial receptacles,preneed contract disclosure requirements, and proof of compliance withthe law with respect to existing merchandise trust funds, respectively,to conform; amending ss. 497.413 and 497.429, F.S.; deleting andrevising cross references, to conform; providing effective dates.


By Representative Lee—

HB 993—A bill to be entitled An act relating to the St. Johns RiverWater Management District; amending s. 373.073, F.S.; revisingrequirements for membership of the district governing board; providingan effective date.


By Representative Lee—

HB 995—A bill to be entitled An act relating to police reports;amending s. 119.105, F.S.; requiring persons who request access topolice reports to sign an affidavit as a condition of obtaining access tosuch reports; providing an effective date.


By Representative Littlefield—

HB 997—A bill to be entitled An act relating to persons withdisabilities; amending s. 381.79, F.S.; authorizing expenditures from theBrain and Spinal Cord Injury Program Trust Fund for the personal careattendant pilot program; creating s. 381.798, F.S.; providing forimplementation of a personal care attendant pilot program; providingpurpose; providing for pilot program sites; providing for selection ofparticipants; providing for training of persons with disabilities andpersonal care attendants; providing for employment placement;providing responsibilities of the Department of Children and FamilyServices, the brain and spinal cord injury program, the centers forindependent living, and the Division of Vocational Rehabilitation;providing for funding; providing for development of a tax collection

enforcement diversion program under the Department of Revenue;specifying use of funds collected; directing the Revenue EstimatingConference to make certain annual projections; providing rulemakingauthority; requiring an annual report; providing an effective date.


By Representative Gelber—

HB 999—A bill to be entitled An act relating to violation of theelection code; amending s. 104.091, F.S.; providing that any person whoconspires with another person to violate the election code or whoknowingly gives aid to a person who has violated the code with intentto help such person avoid or escape detection, arrest, trial, orpunishment shall be punished as if he or she had committed theviolation; providing penalties; providing an effective date.


By Representative Paul—

HB 1001—A bill to be entitled An act relating to education funding;amending s. 236.081, F.S.; revising the method for determining districtcost differentials; providing an effective date.


By Representative Paul—

HB 1003—A bill to be entitled An act relating to nursing homes;amending s. 400.141, F.S.; prescribing duties of nursing homes withrespect to influenza and polysaccharide pneumococcal vaccinations;providing an effective date.


By Representatives Paul, Alexander, Brown, Rubio, Mealor,Kottkamp, Miller, Kyle, Melvin, Simmons, Bennett, Bowen, Allen, Ross,Harrell, Greenstein, Carassas, Littlefield, Hogan, Attkisson, Diaz de laPortilla, Clarke, Green, Mack, Baker, Pickens, Machek, Negron,Meadows, Bullard, and Trovillion—

HB 1005—A bill to be entitled An act relating to Florida water supplypolicy; establishing the “Water Supply 2020” study commission;providing for membership and responsibilities; requiring submission ofreports with recommendations to the Governor and Legislature;providing for technical advisory committees; providing forreimbursement of expenses of commission and committee members;providing for an executive director and staff for the commission;providing for the assistance and cooperation of state agencies; providingfor termination of the commission; providing an appropriation;providing effective dates.


By Representative Bucher—

HB 1007—A bill to be entitled An act relating to children andfamilies; creating s. 409.9072, F.S.; requiring the Agency for HealthCare Administration to develop mechanisms for certification of localfunds as state match for Medicaid projects, to maximize federal TitleXIX funding for children and families; providing for return of funds tothe generating districts and local entities; requiring prior approval oflocal projects by the agency and the Department of Children and FamilyServices; specifying project requirements; providing for modification ofthe Medicaid state plan; providing for federal waivers; providingresponsibilities of the agency and department with respect toadministrative and service costs, monitoring of service delivery, andstandards and quality of care; providing a limitation on certainadministrative costs; requiring the department to develop policies andprocedures for certification of local funds as state match for foster careand related services projects, to maximize federal Title IV-E funding forservices to eligible children; providing for return of funds to thegenerating districts and local entities; specifying project requirements;providing a limitation on certain administrative costs; providing forfederal waivers; authorizing the department and the agency to adoptrules; requiring an annual report; providing an effective date.



By Representative Baxley—

HB 1009—A bill to be entitled An act relating to the excise tax ondocuments; amending s. 201.08, F.S.; providing a limit on the amountof the tax on promissory or nonnegotiable notes, written obligations topay money, and assignments of wages or other compensation and oncertain promissory or nonnegotiable notes, written obligations to paymoney, or other compensation made in connection with sales madeunder retail charge account services; providing an effective date.


By Representative Cusack—

HB 1011—A bill to be entitled An act relating to adversedeterminations under a quality assurance program; amending s. 641.51,F.S.; revising physicians authorized to render adverse determinations;providing an effective date.


By Representative Justice—

HB 1013—A bill to be entitled An act relating to foster-familyincentives; amending s. 409.1753, F.S.; creating a foster-parentmentoring program; directing the Department of Children and FamilyServices to adopt rules; providing for a retirement account for certainfoster families; providing for funds to be paid into a master trust forcertain foster children; specifying eligibility criteria; providing aneffective date.


By Representative Harrell—

HB 1015—A bill to be entitled An act relating to prevention andamelioration of learning problems and learning disabilities in youngchildren; authorizing a 3-year demonstration program to be calledLearning Gateway; creating a steering committee; providing formembership and appointment of steering committee members;establishing duties of the steering committee; authorizingdemonstration projects in three counties; providing for funding;providing an effective date.


By Representative Baxley—

HB 1017—A bill to be entitled An act relating to dangerous dogs;amending s. 767.12, F.S.; revising provisions relating to classifying dogsas dangerous; authorizing local animal control authorities to classifydogs as dangerous; providing that a hearing to challenge a finding ofsufficient cause may be an evidentiary hearing in county court or anadministrative hearing; providing for classification as dangerous uponfailure of an owner to file a written request for hearing within a specifiedtime limit; providing restrictions upon local animal control authoritieswith respect to specified dangerous dog requirements pendingclassification; authorizing local governmental authorities to imposemore stringent requirements upon dangerous dog owners; requiringdangerous dog owners relocating to this state to comply with the act andapplicable local ordinances; requiring such owners to notify local animalcontrol authorities; providing a penalty; amending s. 767.13, F.S.;providing that an owner of a dangerous dog that attacks or bites aperson or a domestic animal without provocation, an owner of a dog thathas not previously been declared dangerous that attacks and causes thesevere injury to or death of any human, or an owner of a dangerous dogthat attacks and causes the severe injury to or death of any human mayrequest an evidentiary hearing in county court or an administrativehearing; providing that failure of such an owner to pay requiredboarding costs and fees during the hearing or appeal procedure shallconstitute abandonment of the animal and allow the animal controlauthority to destroy the animal; amending s. 767.14, F.S.; removingcertain nonapplicability provisions with respect to the authority of localgovernments to place further restrictions or additional requirements onowners of dangerous dogs; providing an effective date.



HB 1019—A bill to be entitled An act relating to land acquisition andmanagement; amending s. 73.015, F.S.; requiring the condemningauthority in an eminent domain proceeding to notify the fee owner ofcertain information and provide the fee owner with a copy of certainstatute sections prior to or concurrent with the authority’s making thewritten offer of compensation to the fee owner; amending s. 270.11, F.S.;providing discretion to water management districts, local governments,the Board of Trustees of the Internal Improvement Trust Fund, andother state agencies to determine whether to reserve mineral interestswhen selling lands; clarifying the types of information to be given bylandowners wanting a release of a reservation; amending s. 373.056,F.S.; authorizing water management districts to grant utility easementson district-owned lands in order to provide utility service; amending s.373.093, F.S.; granting additional time to water management districtsto provide notification prior to executing lease agreements; amending s.373.096, F.S.; authorizing water management districts to abandoneasements, reservations, and right-of-way interests that are no longerneeded; amending s. 373.139, F.S.; authorizing water managementdistricts to cure title defects after a land sale is executed; allowing thedisclosure of title information to private landowners under certaincircumstances; allowing the disclosure of title information, appraisalinformation, offers, and counteroffers to third parties working on thedistrict’s behalf; authorizing the use of third-party appraisals undercertain circumstances; amending s. 373.1401, F.S.; authorizing watermanagement districts to contract with nongovernmental persons orentities for management, improvement, or maintenance of land held bythe district; amending s. 712.04, F.S.; revising language with respect tointerests extinguished by marketable record title to conform to the act;providing an effective date.



HB 1021—A bill to be entitled An act relating to weapons andfirearms; creating s. 790.146, F.S.; providing penalties for the possessionof a firearm or destructive device within the premises of a health careprovider; providing exceptions; providing an effective date.



HB 1023—A bill to be entitled An act relating to airport funding;amending s. 332.007, F.S.; providing for extension of the reimbursementperiod for general aviation airports when the Department ofTransportation funds project costs under certain circumstances;providing an effective date.


By Representative Holloway—

HB 1025—A bill to be entitled An act relating to self-insurers;amending s. 440.38, F.S.; transferring operation of provisions requiringthe securing of payment of compensation by employers from the Divisionof Workers’ Compensation of the Department of Labor and EmploymentSecurity to the Florida Self-Insurer’s Guaranty Association,Incorporated, and the Department of Insurance; revising and clarifyingrequirements and procedures; providing powers and duties of theassociation and the department; providing for allocation or payment ofstate funds to the association for certain purposes; providingrulemaking authority; amending s. 440.385, F.S.; revising and clarifyingprovisions relating to the association’s creation, board of directors,powers and duties, insolvency fund, and plan of operation; providingadditional powers of the association; transferring the powers and dutiesof the Department of Labor and Employment Security relating to theassociation to the Department of Insurance and revising such powersand duties; providing additional powers and duties of the Departmentof Insurance; providing for oversight of the association by thedepartment; deleting a provision relating to detection and prevention ofemployer insolvencies; amending s. 440.386, F.S.; providing parity for


the association with the Department of Insurance relating toproceedings for delinquency, liquidation, and conservation of assets;providing an effective date.



HB 1027—A bill to be entitled An act relating to judgments; creatings. 55.032, F.S.; requiring the court to include prejudgment interest injudgments in actions for personal injury or wrongful death under certaincircumstances; providing an exception; providing applicability;providing an effective date.


By Representative Holloway—

HB 1029—A bill to be entitled An act relating to road rage; amendings. 316.650, F.S.; providing that traffic enforcement officers must issue acopy of the traffic school reference guide with traffic citations; amendings. 318.1451, F.S.; providing that the traffic school reference guide mustcontain certain information; providing an effective date.



HB 1031—A bill to be entitled An act relating to durable powers ofattorney; amending s. 709.08, F.S.; providing for durable powers ofattorney contingent upon a specified condition; providing guidelines forsuch powers; providing statutory forms for affidavits to attest to aspecified condition; providing immunity from criminal and civil liabilityfor physicians making a determination of incapacity to manage propertyunder certain conditions; providing an effective date.


By Representatives Trovillion and Slosberg—

HB 1033—A bill to be entitled An act relating to uniform trafficcontrol; creating the “Red Light Safety Act of 2001”; administered by theDepartment of Highway Safety and Motor Vehicles; amending s.316.003, F.S.; defining the term “traffic infraction detector”; authorizingcounties and municipalities to enact ordinances permitting the use oftraffic infraction detectors; providing an exception; providing penaltiesfor traffic control signal violations detected by traffic infractiondetectors; providing procedures; amending s. 316.0745, F.S.; providingthat traffic infraction detectors must meet certain requirements;amending s. 320.03, F.S.; providing a cross reference in conformance tothe act; prohibiting the issuance of license plates or revalidation stickerswhen fines are outstanding for violations detected by traffic infractiondetectors; providing for an annual report on the use of traffic infractiondetectors by counties and municipalities in the pilot project; providingan effective date.


By Representative Allen—

HB 1035—A bill to be entitled An act relating to civil actions for libel;creating s. 770.011, F.S.; creating the “Media Accuracy and FairnessAct”; providing definitions; providing scope of the act; providingcircumstances under which a person may maintain a civil action fordefamation; specifying time limit for timely request of a correction orclarification; providing criteria for adequacy of correction orclarification; tolling the period of limitation for commencement of adefamation action; providing procedure with respect to disclosure ofevidence or falsity with respect to an alleged defamatory statement;providing requirements for timely and sufficient correction orclarification; providing requirements and procedure with respect tochallenges to correction or clarification or to a request for correction orclarification; requiring specified notice; providing requirements andprocedure with respect to an offer to correct or clarify prior to trial;specifying recoverable costs and damages in actions when an offer to

correct or clarify is not accepted; providing for scope of protection withrespect to correction or clarification; providing for admissibility ofevidence with respect to corrections or clarifications; providingconstruction; repealing s. 770.01, F.S., relating to the serving ofspecified written notice as a condition precedent to action or prosecutionfor libel or slander; repealing s. 770.02, F.S., relating to correction,apology, or retraction by a newspaper or broadcast station forstatements in an article or broadcast alleged to be false and defamatory;providing severability; providing an effective date.


First Reading of Council and Committee Substitutes byPublication

By the Committee on Judicial Oversight; Representatives Littlefieldand Crow—

CS/HB 167—A bill to be entitled An act relating to domestic violence;amending ss. 25.385, 39.902, 741.28, and 943.171, F.S.; redefining theterms “domestic violence” and “family or household member”; amendings. 61.1825, F.S.; providing for additional circumstances when a familyviolence indicator must be placed on a record; amending s. 741.281, F.S.;deleting certain provisions relating to pretrial diversion programs;amending s. 741.30, F.S.; specifying when a person has standing to filea petition for an injunction against domestic violence; providing forincidents that describe violence or threats of violence; specifying whena court may grant relief; providing factors for the court to consider indetermining imminent danger; providing for recording of proceedings;providing an effective date.

Reports of Councils and Standing Committees

Council Reports

The Honorable Tom Feeney March 6, 2000Speaker, House of Representatives

Dear Mr. Speaker:

The following actions were taken by the Procedural & RedistrictingCouncil at our meeting of Tuesday, March 6, 2001.

I. Pursuant to Special Rule 01-01 which applies to CS/CS/HB 273and CS/HB 275, the attached 2 amendments were approved forfloor consideration (amendment 371783 and amendment685593).

II. Pursuant to Special Rule 01-03 which applies to CS/HB 271,the attached 4 amendments were approved for floor consider-ation (amendment 905067, amendment 460543, amendment570677, and amendment 191667).

III. Pursuant to Special Rule 01-04 which applies to HB 21, the at-tached 2 amendments were approved for floor consideration(amendment 115305 and amendment 822457).

Respectfully submitted,Johnnie B. Byrd, Jr.ChairProcedural & Redistricting Council

Committee Reports

Received March 7:

The Committee on Crime Prevention, Corrections & Safetyrecommends the following pass:

HB 115

The above bill was referred to the Council for SmarterGovernment.

The Committee on Judicial Oversight recommends the following pass:HB 367, with 2 amendments

The above bill was referred to the Council for SmarterGovernment.


The Committee on Crime Prevention, Corrections & Safetyrecommends the following pass:

HB 593

The above bill was referred to the Committee on LocalGovernment & Veterans Affairs.

The Committee on Judicial Oversight recommends a committeesubstitute for the following:

HB 167

The above committee substitute was referred to theCommittee on Child & Family Security, subject to review underRule 6.3, and, under the rule, HB 167 was laid on the table.

Excused

Rep. Baxley after 5:17 p.m.; Reps. Fasano, Prieguez after 5:59 p.m.;Rep. Ryan after 6:02 p.m.

Adjourned

Pursuant to the motion previously agreed to, the House adjourned at6:25 p.m., to reconvene at 12:30 p.m., Thursday, March 8.


The Journal House of Representatives · The Journal OF THE House of Representatives Number 2 Wednesday, March 7, 2001 The House was called to order by the Speaker at 12:30 p.m. Prayer

Documents