1999 house bound journal - florida legislature

The Journal OF THE

House of RepresentativesNumber 12 Thursday, April 8, 1999

The House was called to order by the Speaker at 1:00 p.m.

Prayer

The following prayer was offered by the Reverend James A. Cox ofWest Lauderdale Baptist Church of Fort Lauderdale, upon invitation ofRep. Stafford:

Our Father, you are above all things, and through all things, and inall things.

And we come to you on behalf of these men and women whom you haveplaced in this great responsibility; grant to them a sharp mind so thatthey understand and grasp the great needs of our state. And grant themstrength and health so that they may well be able to understand thegreat pressures and obligations that are on their shoulders.

And, Father, we are aware of the uniqueness of our state and itsdiversity. May we build bridges that create hope and encouragement forour people. And bring us beyond the normal standards of conduct, andlet our actions be examples and models for all of our citizens.

Now we commit to the task at hand, and we ask for clear direction andwisdom for this day and the days ahead. In your name, we pray. Amen.

The following Members were recorded present:

The Chair Crady Hart MurmanAlexander Crist Healey OglesAndrews Crow Henriquez PattersonArgenziano Dennis Heyman PeadenArnall Detert Hill PoseyBainter Dockery Jacobs PrieguezBall Edwards Johnson PruittBarreiro Effman Jones PutnamBense Eggelletion Kelly RaysonBetancourt Farkas Kilmer ReddickBilirakis Fasano Kosmas RitchieBitner Feeney Kyle RitterBloom Fiorentino Lacasa RobertsBoyd Flanagan Lawson RojasBradley Frankel Levine RussellBronson Futch Littlefield RyanBrown Gay Logan SandersonBrummer Goode Lynn SemblerBullard Goodlette Maygarden Smith, C.Byrd Gottlieb Melvin Smith, K.Cantens Green, C. Merchant SobelCasey Greene, A. Miller, J. SorensenChestnut Greenstein Miller, L. SprattConstantine Hafner Minton StaffordCosgrove Harrington Morroni Stansel

Starks Valdes Warner WilesSuarez Villalobos Wasserman Schultz WilsonTrovillion Wallace Waters WiseTurnbull

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

A quorum was present.

Pledge

The Members, led by Clay Bavinger, Amanda Byrd, JenniferFiorentino, Meghan Flanagan, Kathryn Fulmer, Daniel N. Kowalski,Michelle C. Lee, Jane Rachel McDonald, Kyle J. Simmons, KaylaStephens, and Shannon B. Timmann, pledged allegiance to the Flag.Clay Bavinger of Plant City served at the invitation of Rep. Byrd.Amanda Byrd of Plant City served at the invitation of her father, Rep.Byrd. Jennifer Fiorentino of New Port Richey served at the invitation ofher mother, Rep. Fiorentino. Meghan Flanagan of Bradenton served atthe invitation of her father, Rep. Flanagan. Kathryn Fulmer of PlantCity served at the invitation of Rep. Byrd. Daniel N. Kowalski ofRiverview served at the invitation of Rep. Murman. Michelle C. Lee ofChuluota served at the invitation of Rep. Feeney. Jane RachelMcDonald of Spring Hill served at the invitation of Rep. Fasano. KyleJ. Simmons of Spring Hill served at the invitation of Rep. Russell. KaylaStephens of Lady Lake served at the invitation of Rep. Kelly. ShannonB. Timmann of Palm City served at the invitation of Rep. Warner.

House Physician

The Speaker introduced Dr. Ian Nisonson of Miami, who served in theClinic today upon invitation of Rep. Logan.

Correction of the Journal

The Journal of April 6 was corrected and approved as follows: On page503, column 2, line 28 from the bottom, in the sponsors for HB 2137,after “Wiles” insert: Ball, Maygarden, Fuller, K. Smith, L. Miller, Pruitt,Arnall, Crady, Stansel, Boyd, Reddick, Starks, Bainter, Trovillion,Healey, Turnbull, Hill, Wise, Ritchie, Henriquez, Gottlieb, Melvin,Morroni, Ogles, Heyman, Hafner, Patterson, Hart, Murman,Argenziano, Peaden, Futch,

And on the same page, in line 15 from the bottom, in the sponsors forHB 2139, after “Wiles” insert: Ball, Maygarden, Fuller, K. Smith,L. Miller, Pruitt, Arnall, Crady, Boyd, Stansel, Reddick, Starks, Bainter,Trovillion, Healey, Turnbull, Hill, Wise, Ritchie, Henriquez, Gottlieb,Melvin, Morroni, Ogles, Heyman, Hafner, Patterson, Hart, Murman,Argenziano, Peaden, Futch,

The Journal of March 30 was further corrected as follows: On page474, column 2, between lines 14 and 15 from the top, after the title for

517

HB 2023, insert: Proof of publication of the required notice wasattached.

The Journal of March 24 was further corrected as follows: On page376, column 2, between lines 21 and 22 from the top, before FirstReading of Committee Substitutes by Publication, insert:

Additional Reference of Bills

CS/HB 661 was further referred to the Committee on GovernmentalRules & Regulations. The references were reordered to the Committeeson Business Regulation & Consumer Affairs, Governmental Rules &Regulations, and General Government Appropriations.

The Journal of March 16 was further corrected as follows: On page292, column 1, line 8 from the top, in the motion on HB 987, after“Valdes,” insert: agreed to by two-thirds vote,

Messages from the Senate

The Honorable John Thrasher, Speaker

I am directed to inform the House of Representatives that the Senatehas passed SB 114, as amended; passed CS for CS for SB 740 and CS forSB 986; passed SB 996, as amended; passed CS for SB 1280 and SB1464; passed SB 1514, as amended, and requests the concurrence of theHouse.

Faye W. Blanton, Secretary

By Senator Brown-Waite—

SB 114—A bill to be entitled An act relating to the FloridaIndependent Living Council; amending s. 413.395, F.S.; authorizing theFlorida Independent Living Council to incorporate as a corporation notfor profit; allowing an increase in the number of its members; amendingprerequisites to the Governor’s appointment of council members;providing an effective date.

—was read the first time by title and referred to the Calendar of theHouse.

By the Committees on Judiciary, Commerce and EconomicOpportunities and Senator Campbell—

CS for CS for SB 740—A bill to be entitled An act relating to lettersof credit under the Uniform Commercial Code; amending ss. 675.101,675.102, 675.103, 675.104, 675.105, 675.106, 675.107, 675.108, 675.109,675.110, 675.111, 675.112, 675.113, 675.114, 675.115, 675.116, and675.117, F.S.; revising article 5 of the Uniform Commercial Coderelating to letters of credit; providing scope, application, effect;providing definitions; providing formal requirements; providing thatconsideration is unnecessary; providing for issuance, amendment,cancellation, and duration; specifying rights and obligations ofconfirmers, nominated persons, and advisers; providing issuer’s rightsand obligations; providing procedures for counteracting fraud andforgery; specifying certain warranties; providing remedies; providing fortransfers of letters of credit; providing for transfers by operation of law;providing for assignment of proceeds of letters of credit; providing astatute of limitations; providing for a choice of law and forum; providingfor subrogation of issuers, applicants, and nominated persons; providingapplications; amending ss. 671.105, 672.512, 679.103, 679.104, 679.105,679.106, 679.304, and 679.305, F.S., to conform; amending s. 95.11, F.S.,to conform; providing an effective date.


By the Committee on Fiscal Resource and Senator Rossin—

CS for SB 986—A bill to be entitled An act relating to property taxes;amending s. 197.432, F.S.; prohibiting holders of tax certificates fromcontacting the owner of the property upon which a tax certificate isissued until the expiration of a specified time; providing a penalty;amending s. 197.482, F.S.; providing for the date to begin timing alimitation on a tax certificate; providing an effective date.


By the Committee on Transportation—

SB 996—A bill to be entitled An act relating to motor vehicles;amending s. 316.003, F.S.; providing official traffic control devices andtraffic control devices are the same and do not include certain pavementundulations; amending s. 316.008, F.S.; authorizing local governmentsto regulate certain pavement undulations; amending s. 316.0745, F.S.;providing certain pavement undulations are exempt from certainprohibitions concerning uniform traffic control devices; creating s.316.2122, F.S.; authorizing the use of low-speed vehicles on certainpublic roads; providing restrictions for such operation; amending s.320.01, F.S.; providing a speed restriction for golf carts; defining theterm “low-speed vehicle”; defining the term “utility vehicle”; amendings. 320.08001, F.S.; prescribing a license tax for low-speed vehicles;amending s. 316.2126, F.S.; authorizing the use of golf carts and utilityvehicles by municipalities for municipal purposes and subject to certainconditions; amending s. 320.105, F.S.; exempting golf carts and utilityvehicles from requirements to display license plates; amending s.325.203, F.S.; exempting golf carts and utility vehicles from inspectionrequirements; providing an effective date.


By the Committee on Banking and Insurance and Senator Laurent—

CS for SB 1280—A bill to be entitled An act relating to financialinstitutions; amending s. 655.0385, F.S.; revising the time period withinwhich state financial institutions must notify the departmentconcerning the appointment or employment of certain individuals;authorizing the Department of Banking and Finance to exempt certainfinancial institutions from reporting requirements relating to directorsand executive officers; providing for the adoption of rules; amending s.655.948, F.S.; revising notice and disclosure requirements; exemptingcertain financial institutions from reporting requirements; amending s.658.26, F.S.; providing for certain financial institutions to establishbranches by filing a written notice; providing an effective date.


By Senator Dyer—

SB 1464—A bill to be entitled An act relating to the depopulation ofthe Florida Residential Property and Casualty Joint UnderwritingAssociation; repealing s. 627.3511(5)(b), F.S., relating to thequalification of an insurer for an exemption from certain assessment;providing retroactive application; providing an effective date.


By Senator Clary—

SB 1514—A bill to be entitled An act relating to hospices; amendings. 400.605, F.S.; prescribing additional subjects that must be addressedin rules of the Department of Elderly Affairs; amending s. 400.6085,F.S.; authorizing hospices to contract for physician services; amendings. 400.609, F.S.; authorizing physician services and home health aideservices to be provided through contract; authorizing hospices tocontract for services under certain circumstances; prescribing additionalfacilities in which hospice services may be provided; prescribingresponsibility for care and services of persons admitted to hospiceprograms; providing an effective date.


518 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1999


I am directed to inform the House of Representatives that the Senatehas passed CS/HB 133, with amendment, and requests the concurrenceof the House.


CS/HB 133—A bill to be entitled An act relating to corporations;amending s. 607.0722, F.S.; providing alternative methods forappointing proxies by shareholders; amending s. 607.11045, F.S.;clarifying provisions relating to the conversion of shares in certaininternal mergers of corporations; providing an effective date.

Senate Amendment 1 (with title amendment)—On page 1, line11,

insert:

Section 1. Subsection (1) of section 607.0631, Florida Statutes, isamended, and subsection (5) is added to that section, to read:

607.0631 Corporation’s acquisition of its own shares.—

(1) A corporation may acquire its own shares, and, unless otherwiseprovided in the articles of incorporation or except as provided insubsection (4) or subsection (5), shares so acquired constitute authorizedbut unissued shares of the same class but undesignated as to series.

(5) A corporation that has shares of any class or series which areeither registered on a national securities exchange or designated as anational market system security on an interdealer quotation system bythe National Association of Securities Dealers, Inc., may acquire suchshares and designate, either in the bylaws or in the resolutions of itsboard, that shares so acquired by the corporation shall constitutetreasury shares.

(Redesignate subsequent sections.)

And the title is amended as follows:

On page 1, line 2, after the semicolon,

insert: amending s. 607.0631, F.S.; authorizing a corporation toacquire shares of a certain series or class and designate such shares astreasury shares;

On motion by Rep. Goodlette, the House concurred in SenateAmendment 1. The question recurred on the passage of CS/HB 133. Thevote was:

Yeas—110

The Chair Constantine Greene, A. MerchantAlexander Crady Greenstein Miller, J.Andrews Crist Hafner Miller, L.Argenziano Crow Harrington MintonArnall Dennis Hart MorroniBainter Detert Healey MurmanBall Diaz de la Portilla Henriquez OglesBarreiro Dockery Heyman PattersonBense Edwards Hill PeadenBetancourt Effman Jacobs PoseyBilirakis Eggelletion Johnson PrieguezBitner Farkas Jones PruittBloom Fasano Kelly PutnamBoyd Feeney Kilmer RaysonBradley Fiorentino Kosmas ReddickBronson Flanagan Kyle RitchieBrown Frankel Lacasa RitterBrummer Futch Levine RobertsBullard Gay Littlefield RojasByrd Goode Logan RussellCantens Goodlette Lynn RyanCasey Gottlieb Maygarden SandersonChestnut Green, C. Melvin Smith, C.

Smith, K. Starks Valdes WatersSorensen Suarez Villalobos WilesSpratt Sublette Wallace WiseStafford Trovillion WarnerStansel Turnbull Wasserman Schultz

Nays—None

Votes after roll call:Yeas—Bush

So the bill passed, as amended. The action was immediately certifiedto the Senate and the bill was ordered enrolled after engrossment.


I am directed to inform the House of Representatives that the Senatehas passed HB 775, with amendment, and requests the concurrence ofthe House.


HB 775—A bill to be entitled An act relating to civil actions; creatings. 40.50, F.S.; providing for instructions to juries after the jury is swornin; providing for the taking of notes under certain circumstances;providing for written questions; providing for final instructions;amending s. 44.102, F.S.; requiring that the court require mediation incertain actions for monetary damages; amending s. 44.104, F.S.;providing for voluntary trial resolution upon the agreement of parties toa civil dispute; providing for the appointment and compensation of atrial resolution judge; providing guidelines for conducting a voluntarytrial resolution; providing for enforcement and appeal; amending s.57.105, F.S.; revising conditions for award of attorney’s fees forpresenting unsupported claims or defenses; authorizing damage awardsagainst a party for unreasonable delay of litigation; authorizing thecourt to impose additional sanctions; amending s. 768.79, F.S.;providing for the applicability of offers of judgment and demand ofjudgment in cases involving multiple plaintiffs; providing thatsubsequent offers shall void previous offers; providing that prior toawarding costs and fees the court shall determine whether the offer wasreasonable under the circumstances known at the time the offer wasmade; amending s. 57.071, F.S.; providing criteria under which expertwitness fees may be awarded as taxable costs; providing for expeditedtrials; amending s. 768.77, F.S.; deleting a requirement to itemize futuredamages on verdict forms; amending s. 768.78, F.S.; providing fordiscussion of structured settlements; conforming provisions relating toalternative methods of payment of damage awards to changes made bythe act; correcting a cross reference; amending s. 95.031, F.S.; imposinga 12-year statute of repose on actions founded upon violations of chapter517; imposing a 12-year statute of repose on actions brought to recoverfor harm caused by products with a specified expected useful life;exempting certain categories of products from the statute of repose;imposing variable repose periods based on specific warranties by themanufacturer; providing an exception for certain injuries; providing fortolling under particular circumstances; specifying the date by whichcertain actions must be brought or be otherwise barred by the statute ofrepose; amending s. 90.407, F.S.; providing limitations on theadmissibility of subsequent remedial measures; providing exceptions;creating s.768.044, F.S.; requiring the finder of fact, in certain productdefect actions, to consider circumstances that existed at the time ofmanufacture; amending s. 95.11,F.S.; deleting a 5 year limit oncommencing actions founded on chapter 517; creating s. 768.1256,F.S.;providing a government rules defense with respect to certain productsliability actions; providing for a rebuttable presumption; creating s.768.0705, F.S.; providing limitations on premises liability for a personor organization owning or controlling an interest in a business premises;providing an exception; providing for a presumption against liability forconvenience businesses under specified circumstances; amending s.768.075, F.S.; delineating the duty owed to trespassers by a person ororganization owning or controlling an interest in real property;providing definitions; providing for the avoidance of liability todiscovered and undiscovered trespassers under describedcircumstances; providing immunity from certain liability arising out ofthe attempt to commit or the commission of a felony; creating s. 768.725,

519JOURNAL OF THE HOUSE OF REPRESENTATIVESApril 8, 1999

F.S.; providing for evidentiary standards for an award of punitivedamages; amending s. 768.72, F.S.; revising provisions with respect toclaims for punitive damages in civil actions; requiring clear andconvincing evidence of gross negligence or intentional misconduct tosupport the recovery of such damages; providing definitions; providingcriteria for the imposition of punitive damages with respect toemployers, principals, corporations, or other legal entities for theconduct of an employee or agent; providing for the application of thesection; amending s. 768.73, F.S.; revising provisions with respect tolimitations on punitive damages; providing monetary limitations;providing an exception with respect to intentional misconduct;providing for the effect of certain previous punitive damages awards;providing for the application of the section; creating s. 768.736, F.S.;providing that ss. 768.725 and 768.73, F.S., relating to punitivedamages, do not apply to intoxicated defendants; amending s. 768.81,F.S.; providing for the apportionment of damages on the basis of jointand several liability when a party’s fault exceeds a certain percentage;limiting the applicability of joint and several liability based on theamount of damages; providing for the allocation of fault to a nonparty;requiring that such fault must be proved by a preponderance of theevidence; amending s. 324.021, F.S.; providing the lessor of a motorvehicle under certain rental agreements shall be deemed the owner ofthe vehicle for the purpose of determining liability for the operation ofthe vehicle within certain limits; providing for the liability of the ownerof a motor vehicle who loans the vehicle to certain users; limiting theliability of employers in a joint employment relationship under specificcircumstances; providing exceptions and limitations; creating s.768.735, F.S.; providing that ss. 768.72(2)-(5), 768.725, and 768.73, F.S.,relating to punitive damages, are inapplicable to specified causes ofaction; limiting the amount of punitive damages that may be awardedto a claimant in certain civil actions involving abuse or arising under ch.400, F.S.; amending s. 400.023(1), F.S., limiting the recovery of attorneyfees; providing that an attorney may receive additional fees from his orher client; providing for severability; creating s. 768.737, F.S., providingfor application of punitive damages statutes to arbitration; requiring theOffice of Program Policy Analysis and Governmental Accountability tocontract with an actuarial firm to conduct an actuarial analysis ofexpected reductions in judgments and related costs resulting fromlitigation reforms; specifying the basis and due date for the actuarialreport; providing an effective date.

Senate Amendment 1 (with title amendment)—Deleteeverything after the enacting clause

and insert:

Section 1. Paragraph (b) of subsection (9) of section 324.021, FloridaStatutes, is amended, and paragraph (c) is added to that subsection, toread:

324.021 Definitions; minimum insurance required.—The followingwords and phrases when used in this chapter shall, for the purpose ofthis chapter, have the meanings respectively ascribed to them in thissection, except in those instances where the context clearly indicates adifferent meaning:

(9) OWNER; OWNER/LESSOR.—

(b) Owner/lessor.—Notwithstanding any other provision of theFlorida Statutes or existing case law:,

1. The lessor, under an agreement to lease a motor vehicle for 1 yearor longer which requires the lessee to obtain insurance acceptable to thelessor which contains limits not less than $100,000/$300,000 bodilyinjury liability and $50,000 property damage liability or not less than$500,000 combined property damage liability and bodily injury liability,shall not be deemed the owner of said motor vehicle for the purpose ofdetermining financial responsibility for the operation of said motorvehicle or for the acts of the operator in connection therewith; further,this subparagraph paragraph shall be applicable so long as theinsurance meeting these requirements is in effect. The insurancemeeting such requirements may be obtained by the lessor or lessee,provided, if such insurance is obtained by the lessor, the combinedcoverage for bodily injury liability and property damage liability shall

contain limits of not less than $1 million and may be provided by alessor’s blanket policy.

2. The lessor, under an agreement to rent or lease a motor vehicle fora period of less than 1 year, shall be deemed the owner of the motorvehicle for the purpose of determining liability for the operation of thevehicle or the acts of the operator in connection therewith only up to$100,000 per person and up to $300,000 per incident for bodily injuryand up to $50,000 for property damage. If the lessee or the operator of themotor vehicle is uninsured or has any insurance with limits less than$500,000 combined property damage and bodily injury liability, thelessor shall be liable for up to an additional $500,000 in economicdamages only arising out of the use of the motor vehicle. The additionalspecified liability of the lessor for economic damages shall be reduced byamounts actually recovered from the lessee, from the operator, and fromany insurance or self insurance covering the lessee or operator. Nothingin this subparagraph shall be construed to affect the liability of the lessorfor its own negligence.

3. The owner who is a natural person and loans a motor vehicle toany permissive user shall be liable for the operation of the vehicle or theacts of the operator in connection therewith only up to $100,000 perperson and up to $300,000 per incident for bodily injury and up to$50,000 for property damage. If the permissive user of the motor vehicleis uninsured or has any insurance with limits less than $500,000combined property damage and bodily injury liability, the owner shall beliable for up to an additional $500,000 in economic damages only arisingout of the use of the motor vehicle. The additional specified liability of theowner for economic damages shall be reduced by amounts actuallyrecovered from the permissive user and from any insurance or self-insurance covering the permissive user. Nothing in this subparagraphshall be construed to affect the liability of the owner for his or her ownnegligence.

(c) Application.—The limits on liability in subparagraphs (b)2. and3. do not apply to an owner of motor vehicles that are used for commercialactivity in the owner’s ordinary course of business, other than a rentalcompany that rents or leases motor vehicles. For purposes of thisparagraph, the term “rental company” includes only an entity that isengaged in the business of renting or leasing motor vehicles to the generalpublic and that rents or leases a majority of its motor vehicles to personswith no direct or indirect affiliation with the rental company. The termalso includes a motor vehicle dealer that provides temporary replacementvehicles to its customers for up to 10 days. Furthermore, the limits onliability in subparagraphs (b)2. and 3. do not apply to a motor vehiclethat has a gross vehicle weight of greater than 26,000 pounds or anyvehicle designed to transport 16 or more passengers including the driver.Furthermore, the limits on liability in subparagraphs (b)2. and 3. do notapply to a motor vehicle that is used in the transportation of materialsfound to be hazardous for the purposes of the Hazardous MaterialsTransportation Act, as amended (49 U.S.C. ss. 1801 et seq.), and that isrequired pursuant to such act to carry placards warning others of thehazardous cargo.

Section 2. Subsection (2) of section 95.031, Florida Statutes, isamended to read:

95.031 Computation of time.—Except as provided in subsection (2)and in s. 95.051 and elsewhere in these statutes, the time within whichan action shall be begun under any statute of limitations runs from thetime the cause of action accrues.

(2)(a) An action Actions for products liability and fraud under s.95.11(3) must be begun within the period prescribed in this chapter,with the period running from the time the facts giving rise to the causeof action were discovered or should have been discovered with theexercise of due diligence, instead of running from any date prescribedelsewhere in s. 95.11(3), but in any event an action for fraud under s.95.11(3) must be begun within 12 years after the date of the commissionof the alleged fraud, regardless of the date the fraud was or should havebeen discovered.

(b) An action for products liability under s. 95.11(3) must be begunwithin the period prescribed in this chapter, with the period running


from the date that the facts giving rise to the cause of action werediscovered, or should have been discovered with the exercise of duediligence, rather than running from any other date prescribed elsewherein s. 95.11(3), but in no event may an action for products liability unders. 95.11(3) be commenced unless the complaint is served and filed within18 years after the date of delivery of the product to its first purchaser orlessee who was not engaged in the business of selling or leasing theproduct or of using the product as a component in the manufacture ofanother product, regardless of the date that the defect in the product wasor should have been discovered. However, the 18-year limitation on filingan action for products liability does not apply if the manufacturer knewof a defect in the product and concealed or attempted to conceal thisdefect. In addition, the 18-year limitation does not apply if the claimantwas exposed to or used a product capable of causing a latent disease andan injury caused by such exposure or use did not manifest itself untilafter the 18-year period. The provisions of this paragraph shall not applyto any aircraft which, at the time of the accident, was engaged inscheduled passenger-carrying operations.

Section 3. Any action for products liability which would not havebeen barred under section 95.031(2), Florida Statutes, prior to theamendments to that section made by this act may be commenced beforeJuly 1, 2003, and, if it is not commenced by that date and is barred bythe amendments to section 95.031(2), Florida Statutes, made by this act,it shall be barred.

Section 4. Section 40.50, Florida Statutes, is created to read:

40.50 Jury duty and instructions in civil cases.—

(1) In any civil action immediately after the jury is sworn, the courtshall instruct the jury concerning its duties, its conduct, the order ofproceedings, the procedure for submitting written questions of witnesses,and the elementary legal principles that will govern the proceeding asprovided in this section.

(2) The court shall instruct that the jurors may take notes regardingthe evidence and keep the notes for the purpose of refreshing theirmemory for use during recesses and deliberations. The court may providematerials suitable for this purpose. The confidentiality of the notesshould be emphasized to the jurors. After the jury has rendered itsverdict, the notes shall be collected by the bailiff or clerk who shallpromptly destroy them.

(3) In any case in which the court determines that the trial couldexceed 5 days, the court shall provide a notebook for each juror.Notebooks may contain:

(a) A copy of the preliminary jury instructions, including specialinstructions on the issues to be tried.

(b) Jurors’ notes.

(c) Witnesses’ names and either photographs or biographies or both.

(d) Copies of key documents admitted into evidence and an index ofall exhibits in evidence.

(e) A glossary of technical terms.

(f) A copy of the court’s final instructions.

In its discretion, the court may authorize documents and exhibits inevidence to be included in notebooks for use by the jurors during trial toaid them in performing their duties. The preliminary jury instructionsshould be removed, discarded, and replaced by the final jury instructionsbefore the latter are read to the jury by the court.

(4) The court shall permit jurors to have access to their notes and, inappropriate cases, notebooks during recesses and deliberations.

(5) The court shall permit jurors to submit to the court writtenquestions directed to witnesses or to the court. Opportunity shall be givento counsel to object to such questions out of the presence of the jury. Thecourt may, as appropriate, limit the submission of questions to witnesses.

(6) The court shall instruct the jury that any questions directed towitnesses or the court must be in writing, unsigned, and given to the

bailiff. If the court determines that the juror’s question calls foradmissible evidence, the question may be asked by court or counsel in thecourt’s discretion. Such question may be answered by stipulation or otherappropriate means, including, but not limited to, additional testimonyupon such terms and limitations as the court prescribes. If the courtdetermines that the juror’s question calls for inadmissible evidence, thequestion shall not be read or answered. If a juror’s question is rejected,the jury should be told that trial rules do not permit some questions tobe asked and that the jurors should not attach any significance to thefailure of having their question asked.

(7) The court has discretion to give final instructions to the jurybefore closing arguments of counsel instead of after, in order to enhancejurors’ ability to apply the applicable law to the facts. In that event, thecourt may wish to withhold giving the necessary procedural andhousekeeping instructions until after closing arguments.

Section 5. Section 44.102, Florida Statutes, is amended to read:

44.102 Court-ordered mediation.—

(1) Court-ordered mediation shall be conducted according to rules ofpractice and procedure adopted by the Supreme Court.

(2) A court, under rules adopted by the Supreme Court:

(a) Must refer to mediation any filed civil action for monetarydamages, unless:

1. The action is a landlord and tenant dispute that does not includea claim for personal injury.

2. The action is filed for the purpose of collecting a debt.

3. The action is a claim of medical malpractice.

4. The action is governed by the Florida Small Claims Rules.

5. The court determines that the action is proper for referral tononbinding arbitration under this chapter.

6. The parties have agreed to binding arbitration.

(b)(a) May refer to mediation all or any part of a filed civil action forwhich mediation is not required under this section.

(c)(b) In circuits in which a family mediation program has beenestablished and upon a court finding of a dispute, shall refer tomediation all or part of custody, visitation, or other parentalresponsibility issues as defined in s. 61.13. Upon motion or request of aparty, a court shall not refer any case to mediation if it finds there hasbeen a history of domestic violence that would compromise themediation process.

(d)(c) In circuits in which a dependency or in need of servicesmediation program has been established, may refer to mediation all orany portion of a matter relating to dependency or to a child in need ofservices or a family in need of services.

(3) Each party involved in a court-ordered mediation proceeding hasa privilege to refuse to disclose, and to prevent any person present at theproceeding from disclosing, communications made during suchproceeding. All oral or written communications in a mediationproceeding, other than an executed settlement agreement, shall beexempt from the requirements of chapter 119 and shall be confidentialand inadmissible as evidence in any subsequent legal proceeding, unlessall parties agree otherwise.

(4) There shall be no privilege and no restriction on any disclosureof communications made confidential in subsection (3) in relation todisciplinary proceedings filed against mediators pursuant to s. 44.106and court rules, to the extent the communication is used for thepurposes of such proceedings. In such cases, the disclosure of anotherwise privileged communication shall be used only for the internaluse of the body conducting the investigation. Prior to the release of anydisciplinary files to the public, all references to otherwise privilegedcommunications shall be deleted from the record. When an otherwise


confidential communication is used in a mediator disciplinaryproceeding, such communication shall be inadmissible as evidence inany subsequent legal proceeding. “Subsequent legal proceeding” meansany legal proceeding between the parties to the mediation which followsthe court-ordered mediation.

(5) The chief judge of each judicial circuit shall maintain a list ofmediators who have been certified by the Supreme Court and who haveregistered for appointment in that circuit.

(a) Whenever possible, qualified individuals who have volunteeredtheir time to serve as mediators shall be appointed. If a mediationprogram is funded pursuant to s. 44.108, volunteer mediators shall beentitled to reimbursement pursuant to s. 112.061 for all actual expensesnecessitated by service as a mediator.

(b) Nonvolunteer mediators shall be compensated according to rulesadopted by the Supreme Court. If a mediation program is fundedpursuant to s. 44.108, a mediator may be compensated by the county orby the parties. When a party has been declared indigent or insolvent,that party’s pro rata share of a mediator’s compensation shall be paid bythe county at the rate set by administrative order of the chief judge ofthe circuit.

(6)(a) When an action is referred to mediation by court order, thetime periods for responding to an offer of settlement pursuant to s.45.061, or to an offer or demand for judgment pursuant to s. 768.79,respectively, shall be tolled until:

1. An impasse has been declared by the mediator; or

2. The mediator has reported to the court that no agreement wasreached.

(b) Sections 45.061 and 768.79 notwithstanding, an offer ofsettlement or an offer or demand for judgment may be made at any timeafter an impasse has been declared by the mediator, or the mediator hasreported that no agreement was reached. An offer is deemed rejected asof commencement of trial.


44.1051 Voluntary trial resolution.—

(1) Two or more parties who are involved in a civil dispute may agreein writing to submit the controversy to voluntary trial resolution in lieuof litigation of the issues involved, prior to or after a lawsuit has beenfiled, provided that no constitutional issue is involved.

(2) If the parties have entered into an agreement that provides for amethod for appointment of a member of The Florida Bar in goodstanding for more than 5 years to act as trial resolution judge, the courtshall proceed with the appointment as prescribed.

(3) The trial resolution judge shall be compensated by the partiesaccording to their agreement.

(4) Within 10 days after the submission of the request for bindingvoluntary trial resolution, the court shall provide for the appointment ofthe trial resolution judge. Once appointed, the trial resolution judge shallnotify the parties of the time and place for the hearing.

(5) Application for voluntary trial resolution shall be filed and feespaid to the clerk of the court as if for complaints initiating civil actions.The clerk of the court shall handle and account for these matters in allrespects as if they were civil actions except that the clerk of the court shallkeep separate the records of the applications for voluntary binding trialresolution from all other civil actions.

(6) Filing of the application for binding voluntary trial resolutionwill toll the running of the applicable statutes of limitation.

(7) The appointed trial resolution judge shall have such power toadminister oaths or affirmations and to conduct the proceedings as therules of court provide. At the request of any party, the trial resolutionjudge shall issue subpoenas for the attendance of witnesses and for theproduction of books, records, documents, and other evidence and may

apply to the court for orders compelling attendance and production.Subpoenas shall be served and shall be enforceable as provided by law.

(8) The hearing shall be conducted by the trial resolution judge, whomay determine any question and render a final decision.

(9) The Florida Evidence Code shall apply to all proceedings underthis section.

(10) Any party may enforce a final decision rendered in a voluntarytrial by filing a petition for final judgment in the circuit court in thecircuit in which the voluntary trial took place. Upon entry of finaljudgment by the circuit court an appeal may be taken to the appropriateappellate court. The “harmless error doctrine” shall apply in all appeals.No further review shall be permitted unless a constitutional issue israised. Factual findings determined in the voluntary trial shall not besubject to appeal.

(11) If no appeal is taken within the time provided by rules of theSupreme Court, the decision shall be referred to the presiding court judgein the case, or, if one has not been assigned, to the chief judge of the circuitfor assignment to a circuit judge, who shall enter such orders andjudgments as are required to carry out the terms of decision, which ordersshall be enforceable by the contempt powers of the court and for whichjudgment executions shall issue on request of a party.

(12) This section does not apply to any dispute involving childcustody, visitation, or child support, or to any dispute that involves therights of a person who is not a party to the voluntary trial resolution.


57.105 Attorney’s fee; sanctions for raising unfounded claims ordefenses; damages for delay of litigation.—

(1) Upon the court’s initiative or motion of any party, the court shallaward a reasonable attorney’s fee to be paid to the prevailing party inequal amounts by the losing party and the losing party’s attorney on anyclaim or defense at any time during a in any civil proceeding or actionin which the court finds that the losing party or the losing party’sattorney knew or should have known that a claim or defense wheninitially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish theclaim or defense; or

(b) Would not be supported by the application of then-existing law tothose material facts. there was a complete absence of a justiciable issueof either law or fact raised by the complaint or defense of the losingparty; provided,

However, that the losing party’s attorney is not personally responsibleif he or she has acted in good faith, based on the representations of hisor her client as to the existence of those material facts. If the court awardsattorney’s fees to a claimant pursuant to this subsection finds that therewas a complete absence of a justiciable issue of either law or fact raisedby the defense, the court shall also award prejudgment interest.

(2) Subsection (1) does not apply if the court determines that theclaim or defense was initially presented to the court as a good-faithattempt with a reasonable probability of changing then-existing law asit applied to the material facts.

(3) At any time in any civil proceeding or action in which the movingparty proves by a preponderance of the evidence that any action taken bythe opposing party, including, but not limited to, the filing of anypleading or part thereof, the assertion of or response to any discoverydemand, the assertion of any claim or defense, or the response to anyrequest by any other party, was taken primarily for the purpose ofunreasonable delay, the court shall award damages to the moving partyfor the time necessitated by the conduct in question.

(4) The court also may impose such additional sanctions or otherremedies as are just and warranted under the circumstances of theparticular case, including, but not limited to, contempt of court, awardof taxable costs, striking of a claim or defense, or dismissal of thepleading.


(5)(2) If a contract contains a provision allowing attorney’s fees to aparty when he or she is required to take any action to enforce thecontract, the court may also allow reasonable attorney’s fees to the otherparty when that party prevails in any action, whether as plaintiff ordefendant, with respect to the contract. This subsection applies to anycontract entered into on or after October 1, 1988. This act shall take effectOctober 1, 1988, and shall apply to contracts entered into on said dateor thereafter.

Section 8. Subsections (3), (5), and (7) of section 768.79, FloridaStatutes, are amended to read:

768.79 Offer of judgment and demand for judgment.—

(3) The offer shall be served upon the party to whom it is made, butit shall not be filed unless it is accepted or unless filing is necessary toenforce the provisions of this section. In any case involving multipleparty plaintiffs or multiple party defendants, an offer shall specify itsapplicability to each party and may specify any conditions thereof. Eachindividual party may thereafter accept or reject the offer as the offerapplies to such party.

(5) An offer may be withdrawn in writing which is served before thedate a written acceptance is filed. Once withdrawn, an offer is void. Asubsequent offer to a party shall have the effect of voiding any previousoffer to that party.

(7)(a) If a party is entitled to costs and fees pursuant to theprovisions of this section, the court may, in its discretion, determine thatan offer was not made in good faith. In such case, the court may disallowan award of costs and attorney’s fees.

(b) When determining the entitlement to and reasonableness of anaward of attorney’s fees pursuant to this section, the court shallconsider, along with all other relevant criteria, the following additionalfactors:

1. The then apparent merit or lack of merit in the claim.

2. The number and nature of offers made by the parties.

3. The closeness of questions of fact and law at issue.

4. Whether the proposal was reasonably rejected.

5.4. Whether the person making the offer had unreasonably refusedto furnish information necessary to evaluate the reasonableness of suchoffer.

6.5. Whether the suit was in the nature of a test case presentingquestions of far-reaching importance affecting nonparties.

7.6. The amount of the additional delay cost and expense that theperson making the offer reasonably would be expected to incur if thelitigation should be prolonged.


57.071 Costs; what taxable.—

(1) If costs are awarded to any party, the following shall also beallowed:

(a)(1) The reasonable premiums or expenses paid on all bonds orother security furnished by such party.

(b)(2) The expense of the court reporter for per diem, transcribingproceedings and depositions, including opening statements andarguments by counsel.

(c)(3) Any sales or use tax due on legal services provided to suchparty, notwithstanding any other provision of law to the contrary.

(2) Expert witness fees shall not be awarded as taxable costs unless:

(a) The party retaining the expert witness files a written notice withthe court and with each opposing party within 30 days after the entry ofan order setting the trial date, which notice shall specify the expertise andexperience of the expert, the rate of compensation of the expert witness, the

subject matters or issues on which the expert is expected to render anopinion, and an estimate of the overall fees of the expert witness,including the fee for trial testimony. If the rate of compensation is hourly,the estimated overall fee may be stated in terms of estimated hours; and

(b) The party retaining the expert witness furnishes each opposingparty with a written report signed by the expert witness whichsummarizes the expert witness’s opinions and the factual basis of theopinions, including documentary evidence and the authorities reliedupon in reaching the opinions. Such report shall be filed at least 10 daysprior to discovery cut-off, 45 days prior to the trial, or as otherwisedetermined by the court.

(c) This section does not apply to any action proceeding under theFlorida Family Law Rules of Procedure.

Section 10. Expedited trials.—Upon the joint stipulation of theparties to any civil case, the court may conduct an expedited trial asprovided in this section. Where two or more plaintiffs or defendants havea unity of interest, such as a husband and wife, they shall be consideredone party for the purpose of this section. Unless otherwise ordered by thecourt or agreed to by the parties with approval of the court, an expeditedtrial shall be conducted as follows:

(1) All discovery in the trial shall be completed within 60 days afterthe court enters an order adopting the joint expedited trial stipulation.

(2) All interrogatories and requests for production must be servedwithin 10 days after the court enters an order adopting the jointexpedited trial stipulation, and all responses must be served within 20days after receipt.

(3) The court shall determine the number of depositions required.

(4) The case may be tried to a jury.

(5) The case must be tried within 30 days after the 60-day discoverycut-off.

(6) The trial must be limited to 1 day.

(7) The jury selection must be limited to 1 hour.

(8) The plaintiff will have 3 hours to present its case, including itsopening, all of its testimony and evidence, and its closing.

(9) The defendant will have 3 hours to present its case, including itsopening, all of its testimony and evidence, and its closing.

(10) The jury will be given “plain language” jury instructions at thebeginning of the trial as well as a “plain language” jury verdict form. Thejury instructions and verdict form must be agreed to by the parties.

(11) The parties will be permitted to introduce a written report of anyexpert and the expert’s curriculum vitae instead of calling the expert totestify live at trial.

(12) At trial the parties may use excerpts from depositions, includingvideo depositions, regardless of where the deponent lives or whether thedeponent is available to testify.

(13) The Florida Evidence Code and the Florida Rules of CivilProcedure will apply.

(14) There will be no continuances of the trial absent extraordinarycircumstances.


768.77 Itemized verdict.—

(1) In any action to which this part applies in which the trier of factdetermines that liability exists on the part of the defendant, the trier offact shall, as a part of the verdict, itemize the amounts to be awardedto the claimant into the following categories of damages:

(1)(a) Amounts intended to compensate the claimant for economiclosses;


(2)(b) Amounts intended to compensate the claimant fornoneconomic losses; and

(3)(c) Amounts awarded to the claimant for punitive damages, ifapplicable.

(2) Each category of damages, other than punitive damages, shall befurther itemized into amounts intended to compensate for losses whichhave been incurred prior to the verdict and into amounts intended tocompensate for losses to be incurred in the future. Future damagesitemized under paragraph (1)(a) shall be computed before and afterreduction to present value. Damages itemized under paragraph (1)(b) orparagraph (1)(c) shall not be reduced to present value. In itemizingamounts intended to compensate for future losses, the trier of fact shallset forth the period of years over which such amounts are intended toprovide compensation.

Section 12. Present subsection (1) of section 768.78, FloridaStatutes, is amended and redesignated as subsection (2), presentsubsection (2) is redesignated as subsection (3), and a new subsection (1)is added to that section to read:

768.78 Alternative methods of payment of damage awards.—

(1) In both prejudgment and post-judgment cases, the parties shallspecifically discuss the option and advantages for the plaintiff ofsettlement through use of structured periodic payments. If, inconnection with a settlement, the plaintiff chooses to receive payment inthe form of periodic payments, the defendant or the defendant’s liabilitycarrier is obligated to provide such payments, and the following apply:

(a) To the extent that the liability for payment of damages to theplaintiff qualifies for assignment under Section 130, or any successorsection, of the Internal Revenue Code, as amended from time to time, thedefendant or the defendant’s liability carrier shall assign the liability tomake such periodic payments to a third party assignee selected by theplaintiff.

(b) Once a structured settlement is agreed to by the parties, thedefendant or the defendant’s liability carrier may not withdraw from theagreement because of the plaintiff’s choice of third-party assignee.

(c) The plaintiff has the right to select a licensed structured-settlement broker to place the structured settlement.

(d) Any order approving or adopting a settlement to which thissubsection applies must include a finding that the settlement complieswith this subsection.

(e) This subsection does not apply to cases the settlement of which isunder $50,000.

(f) Nothing in this subsection creates an additional cause of actionagainst the defendant or his attorneys.

(g) This subsection applies only to cases impacted by s. 104(a)(1), (2),and (3) of the Internal Revenue Code.

(2)(1)(a) In any action to which this part applies in which the courtdetermines that trier of fact makes an award to compensate the claimantincludes for future economic losses which exceed $250,000, payment ofamounts intended to compensate the claimant for these losses shall bemade by one of the following means, unless an alternative method ofpayment of damages is provided in this section:

1. The defendant may make a lump-sum payment for all damages soassessed, with future economic losses and expenses reduced to presentvalue; or

2. Subject to the provisions of this subsection, the court shall, at therequest of either party, unless the court determines that manifestinjustice would result to any party, enter a judgment ordering futureeconomic damages, as itemized pursuant to s. 768.77(1)(a), in excess of$250,000 to be paid in whole or in part by periodic payments rather thanby a lump-sum payment.

(b) In entering a judgment ordering the payment of such futuredamages by periodic payments, the court shall make a specific finding

of the dollar amount of periodic payments which will compensate thejudgment creditor for these future damages after offset for collateralsources. The total dollar amount of the periodic payments shall equalthe dollar amount of all such future damages before any reduction topresent value, less any attorney’s fees payable from future damages inaccordance with paragraph (f). The period of time over which theperiodic payments shall be made is the period of years determined bythe trier of fact in arriving at its itemized verdict and shall not beextended if the plaintiff lives beyond the determined period. If theclaimant has been awarded damages to be discharged by periodicpayments and the claimant dies prior to the termination of the periodof years during which periodic payments are to be made, the remainingliability of the defendant, reduced to present value, shall be paid into theestate of the claimant in a lump sum. The court may order that thepayments be equal or vary in amount, depending upon the need of theclaimant.

(c) As a condition to authorizing periodic payments of futuredamages, the court shall require the defendant to post a bond or securityor otherwise to assure full payment of these damages awarded by thejudgment. A bond is not adequate unless it is written by a companyauthorized to do business in this state and is rated A+ by Best’s. If thedefendant is unable to adequately assure full payment of the damages,the court shall order that all damages be paid to the claimant in a lumpsum pursuant to the verdict. No bond may be canceled or be subject tocancellation unless at least 60 days’ advance written notice is filed withthe court and the judgment creditor. Upon termination of periodicpayments, the court shall order the return of the security, or so much asremains, to the judgment debtor.

(d)1. In the event that the court finds that the judgment debtor hasexhibited a continuing pattern of failing to timely make the requiredperiodic payments, the court shall:

a. Order that all remaining amounts of the award be paid by lumpsum within 30 days after entry of the order;

b. Order that, in addition to the required periodic payments, thejudgment debtor pay the claimant all damages caused by the failure totimely make periodic payments, including court costs and attorney’sfees; or

c. Enter other orders or sanctions as appropriate to protect thejudgment creditor.

2. If it appears that the judgment debtor may be insolvent or thatthere is a substantial risk that the judgment debtor may not have thefinancial responsibility to pay all amounts due and owing the judgmentcreditor, the court may:

a. Order additional security;

b. Order that the balance of payments due be placed in trust for thebenefit of the claimant;

c. Order that all remaining amounts of the award be paid by lumpsum within 30 days after entry of the order; or

d. Order such other protection as may be necessary to assure thepayment of the remaining balance of the judgment.

(e) The judgment providing for payment of future damages byperiodic payments shall specify the recipient or recipients of thepayments, the dollar amounts of the payments, the interval betweenpayments, and the number of payments or the period of time over whichpayments shall be made. Periodic payments shall be subject tomodification only as specified in this subsection.

(f) Claimant’s attorney’s fee, if payable from the judgment, shall bebased upon the total judgment, adding all amounts awarded for pastand future damages. The attorney’s fee shall be paid from past andfuture damages in the same proportion. If a claimant has agreed to payher or his attorney’s fees on a contingency fee basis, the claimant shallbe responsible for paying the agreed percentage calculated solely on thebasis of that portion of the award not subject to periodic payments. Theremaining unpaid portion of the attorney’s fees shall be paid in a lump


sum by the defendant, who shall receive credit against future paymentsfor this amount. However, the credit against each future payment islimited to an amount equal to the contingency fee percentage of eachperiodic payment. Any provision of this paragraph may be modified bythe agreement of all interested parties.

(g) Nothing in this subsection shall preclude any other method ofpayment of awards, if such method is consented to by the parties.


47.025 Actions against contractors.—Any venue provision in acontract for improvement to real property which requires legal actioninvolving a resident contractor, subcontractor, sub-subcontractor, ormaterialman, as defined in part I of chapter 713, to be brought outsidethis state is void as a matter of public policy. To the extent that the venueprovision in the contract is void under this section, any legal actionarising out of that contract shall be brought only in this state in thecounty where the defendant resides, where the cause of action accrued, orwhere the property in litigation is located, unless, after the dispute arises,the parties stipulate to another venue.

Section 14. Through the state’s uniform case reporting system, theclerk of court shall report to the Office of the State Courts Administratorinformation from each settlement or jury verdict and final judgment innegligence cases as defined in section 768.81(4), Florida Statutes, as thePresident of the Senate and the Speaker of the House of Representativesdeem necessary from time to time. The information shall include, butneed not be limited to: the name of each plaintiff and defendant; theverdict; the percentage of fault of each; the amount of economic damagesand noneconomic damages awarded to each plaintiff, identifying thosedamages that are to be paid jointly and severally and by whichdefendants; and the amount of any punitive damages to be paid by eachdefendant.

Section 15. Subsection (3) of section 768.81, Florida Statutes, isamended, and subsection (5) of that section is repealed, to read:

768.81 Comparative fault.—

(3) APPORTIONMENT OF DAMAGES.—In cases to which thissection applies, the court shall enter judgment against each party liableon the basis of such party’s percentage of fault and not on the basis ofthe doctrine of joint and several liability; provided that with respect toany party whose percentage of fault equals or exceeds that of aparticular claimant and whose fault exceeds 25 percent, the court shallenter judgment with respect to economic damages against that party onthe basis of the doctrine of joint and several liability.

(5) APPLICABILITY OF JOINT AND SEVERAL LIABILITY.—Notwithstanding the provisions of this section, the doctrine of joint andseveral liability applies to all actions in which the total amount ofdamages does not exceed $25,000.

Section 16. (1) The Department of Insurance shall, after issuing arequest for proposals, contract with a national independent actuarialfirm to conduct an actuarial analysis, consistent with generally acceptedactuarial practices, of the expected reduction in liability judgments,settlements, and related costs resulting from the provisions of this act.The analysis must be based on credible loss-cost data derived from thesettlement or adjudication of liability claims, other than liability claimsinsured under private passenger automobile insurance or personal linesresidential property insurance, accruing after October 1, 1999. Theanalysis must include an estimate of the percentage decrease in suchjudgments, settlements, and costs by type of coverage affected by this act,including the time period when such savings or reductions are expected.

(2) The report must be completed and submitted to the Department ofInsurance by March 1, 2001.

(3) After March 1, 2001, the Department of Insurance shall review thefiled rates of insurers and underwriting profits and losses for Floridaliability insurance businesses and shall require any prospective ratemodifications that the department deems necessary, consistent with theapplicable rating law, in order to cause the rates of any specific insurer

to comply with the applicable rating law. However, the provisions ofsection 627.062(2)(g), Florida Statutes, which prohibit the departmentfrom disapproving as excessive any rate for which it has given finalapproval, or which has been deemed approved for a period of 1 year afterthe effective date of the filing, does not apply to this subsection. Thedepartment shall require each liability insurer’s first rate filing afterMarch 1, 2001, other than rate filings for private passenger automobileinsurance or personal lines residential property insurance, to includespecific data on the impact of this act on the insurer’s liability judgments,settlements, and costs for the purpose of enabling the department and theLegislature to accurately monitor and evaluate the effects of this act.

(4) The report under subsection (1) is admissible in any proceedingsrelating to a liability insurance rate filing if the actuary who preparedthe report is made available by the department to testify regarding thereport’s preparation and validity. Each party shall otherwise bear itsown cost of any such proceeding.

(5) This section does not limit the authority of the department toorder an insurer to refund excessive profits, as provided in sections627.066 and 627.215, Florida Statutes.

Section 17. Subsections (6), (7), and (8) are added to section 400.023,Florida Statutes, to read:

400.023 Civil enforcement.—

(6) To recover attorney’s fees under this section, the followingconditions precedent must be met:

(a) Within 120 days after the filing of a responsive pleading ordefensive motion to a complaint brought under this section and beforetrial, the parties or their designated representatives shall meet inmediation to discuss the issues of liability and damages in accordancewith this paragraph for the purpose of an early resolution of the matter.

1. Within 60 days after the filing of the responsive pleading ordefensive motion, the parties shall:

a. Agree on a mediator. If the parties cannot agree on a mediator, thedefendant shall immediately notify the court, which shall appoint amediator within 10 days after such notice.

b. Set a date for mediation.

c. Prepare an order for the court that identifies the mediator, thescheduled date of the mediation, and other terms of the mediation.Absent any disagreement between the parties, the court may issue theorder for the mediation submitted by the parties without a hearing.

2. The mediation must be concluded within 120 days after the filingof a responsive pleading or defensive motion. The date may be extendedonly by agreement of all parties subject to mediation under thissubsection.

3. The mediation shall be conducted in the following manner:

a. Each party shall ensure that all persons necessary for completesettlement authority are present at the mediation.

b. Each party shall mediate in good faith.

4. All aspects of the mediation which are not specifically establishedby this subsection must be conducted according to the rules of practiceand procedure adopted by the Supreme Court of this state.

(b) If the parties do not settle the case pursuant to mediation, the lastoffer of the defendant made at mediation shall be recorded by themediator in a written report that states the amount of the offer, the datethe offer was made in writing, and the date the offer was rejected. If thematter subsequently proceeds to trial under this section and the plaintiffprevails but is awarded an amount in damages, exclusive of attorney’sfees, which is equal to or less than the last offer made by the defendantat mediation, the plaintiff is not entitled to recover any attorney’s fees.

(c) This subsection applies only to claims for liability and damagesand does not apply to actions for injunctive relief.


(d) This subsection applies to all causes of action that accrue on orafter October 1, 1999.

(7) Discovery of financial information for the purpose of determiningthe value of punitive damages may not be had unless the plaintiff showsthe court by proffer or evidence in the record that a reasonable basis existsto support a claim for punitive damages.

(8) In addition to any other standards for punitive damages, anyaward of punitive damages must be reasonable in light of the actualharm suffered by the resident and the egregiousness of the conduct thatcaused the actual harm to the resident.

Section 18. Effective October 1, 1999, the minimum per claimfinancial responsibility required under sections 458.320(2)(b) and (c)and 459.0085(2)(b) and (c), Florida Statutes, shall be increased from$250,000 to $500,000 and the minimum aggregate requirement specifiedin said sections shall be increased from $750,000 to $1,000,000;provided, further that the provisions of sections 458.320(5)(g) and459.0085(5)(g), Florida Statutes, respectively, shall not apply to anyphysician or osteopathic physician with hospital staff privileges.


768.1256 Government rules defense.—

(1) In a product liability action brought against a manufacturer orseller for harm allegedly caused by a product, there is a rebuttablepresumption pursuant to s. 90.302(1) that the product is not defective orunreasonably dangerous and the manufacturer or seller is not liable if,at the time the specific unit of the product was sold or delivered to theinitial purchaser or user, the aspect of the product that allegedly causedthe harm:

(a) Complied with federal or state codes, statutes, rules, regulationsor standards relevant to the event causing the death or injury;

(b) The codes, statutes, rules, regulations or standards are designedto prevent the type of harm that allegedly occurred; and

(c) Compliance with the codes, statutes, rules, regulations orstandards is required as a condition for selling or distributing theproduct.

(2) In a product liability action as described in subsection (1), thereis a rebuttable presumption pursuant to s. 90.302(1) that the product isdefective or unreasonably dangerous and the manufacturer or seller isliable if the manufacturer or seller did not comply with the federal orstate codes, statutes, rules, regulations or standards which:

(a) Were relevant to the event causing the death or injury;

(b) Are designed to prevent the type of harm that allegedly occurred;and

(c) Require compliance as a condition for selling or distributing theproduct.

(3) This section does not apply to an action brought for harmallegedly caused by a drug that is ordered off the market or seized by theFederal Food and Drug Administration.


768.096 Employer presumption against negligent hiring.—

(1) In a civil action for the death of, or injury or damage to, a thirdperson caused by the intentional tort of an employee, such employee’semployer is presumed not to have been negligent in hiring such employeeif, before hiring the employee, the employer conducted a backgroundinvestigation of the prospective employee and the investigation did notreveal any information that reasonably demonstrated the unsuitabilityof the prospective employee for the particular work to be performed or forthe employment in general. A background investigation under thissection must include:

(a) Obtaining a criminal background investigation on the prospectiveemployee under subsection (2);

(b) Making a reasonable effort to contact references and formeremployers of the prospective employee concerning the suitability of theprospective employee for employment;

(c) Requiring the prospective employee to complete a job applicationform that includes questions concerning whether he or she has ever beenconvicted of a crime, including details concerning the type of crime, thedate of conviction and the penalty imposed, and whether the prospectiveemployee has ever been a defendant in a civil action for intentional tort,including the nature of the intentional tort and the disposition of theaction;

(d) Obtaining, with written authorization from the prospectiveemployee, a check of the driver’s license record of the prospective employeeif such a check is relevant to the work the employee will be performingand if the record can reasonably be obtained; and

(e) Interviewing the prospective employee.

(2) To satisfy the criminal-background-investigation requirement ofthis section, an employer must request and obtain from the Departmentof Law Enforcement a check of the information as reported and reflectedin the Florida Crime Information Center system as of the date of therequest.

(3) The election by an employer not to conduct the investigationspecified in subsection (1) does not raise any presumption that theemployer failed to use reasonable care in hiring an employee.


768.095 Employer immunity from liability; disclosure of informationregarding former or current employees.—An employer who disclosesinformation about a former or current employee employee’s jobperformance to a prospective employer of the former or current employeeupon request of the prospective employer or of the former or currentemployee is presumed to be acting in good faith and, unless lack of goodfaith is shown by clear and convincing evidence, is immune from civilliability for such disclosure or its consequences unless it is shown byclear and convincing evidence. For purposes of this section, thepresumption of good faith is rebutted upon a showing that theinformation disclosed by the former or current employer was knowinglyfalse or deliberately misleading, was rendered with malicious purpose,or violated any civil right of the former or current employee protectedunder chapter 760.


768.071 Business premises liability; areas outside enclosedbuildings.—Notwithstanding any other provision of law to the contrary,a person or organization owning or controlling an interest in a businesspremises shall be liable for civil damages for the death of, or injury ordamage to, an invitee or guest caused by a criminal act committed by aperson who is not an employee or agent of the business and occurring onpart of the business premises that is not within an enclosed building onlyif the person or organization owning or controlling an interest in thebusiness premises disregarded his or her duty to protect invitees or guestson the property. For purposes of this section a person or organizationowning or controlling an interest in a business premises may be found tohave disregarded his or her duty to protect invitees or guests only if theperson or organization owning or controlling an interest in the businesspremises knew that a criminal act was likely to occur on the portions ofthe property that are not within an enclosed building and failed to takeany corrective action which could have prevented the injury.


768.075 Immunity from liability for injury to trespassers on realproperty.—

(1) A person or organization owning or controlling an interest in realproperty, or an agent of such person or organization, shall not be heldliable for any civil damages for death of or injury or damage to atrespasser upon the property resulting from or arising by reason of thetrespasser’s commission of the offense of trespass as described in s.810.08 or s. 810.09, when such trespasser was under the influence of


alcoholic beverages with a blood-alcohol level of 0.08 0.10 percent orhigher, when such trespasser was under the influence of any chemicalsubstance set forth in s. 877.111, when such trespasser was illegallyunder the influence of any substance controlled under chapter 893, or ifthe trespasser is affected by any of the aforesaid substances to theextent that her or his normal faculties are impaired. For the purposesof this section, voluntary intoxication or impediment of faculties by useof alcohol or any of the aforementioned substances shall not excuse aparty bringing an action or on whose behalf an action is brought fromproving the elements of trespass. However, the person or organizationowning or controlling the interest in real property shall not be immunefrom liability if gross negligence or intentional willful and wantonmisconduct on the part of such person or organization or agent thereofis a proximate cause of the death of or injury or damage to thetrespasser.

(2) A person or organization owning or controlling an interest in realproperty, or an agent of such person or organization, is not liable for anycivil damages for the death of or injury or damage to any discovered orundiscovered trespasser, except as provided in paragraphs (3)(a), (b), and(c), and regardless of whether the trespasser was intoxicated or otherwiseimpaired.

(3)(a) As used in this subsection, the term:

1. “Invitation” means that the visitor entering the premises has anobjectively reasonable belief that he or she has been invited or isotherwise welcome on that portion of the real property where injuryoccurs.

2. “Discovered trespasser” means a person who enters real propertywithout invitation, either express or implied, and whose actual physicalpresence was detected, within 24 hours preceding the accident, by theperson or organization owning or controlling an interest in real propertyor to whose actual physical presence the person or organization owningor controlling an interest in real property was alerted by a reliable sourcewithin 24 hours preceding the accident. The status of a person who entersreal property shall not be elevated to that of an invitee, unless the personor organization owning or controlling an interest in real property hasissued an express invitation to enter the property or has manifested aclear intent to hold the property open to use by persons pursuing purposessuch as those pursued by the person whose status is at issue.

3. “Undiscovered trespasser” means a person who enters propertywithout invitation, either express or implied, and whose actual physicalpresence was not detected, within 24 hours preceding the accident, by theperson or organization owning or controlling an interest in real property.

(b) To avoid liability to undiscovered trespassers, a person ororganization owning or controlling an interest in real property mustrefrain from intentional misconduct, but has no duty to warn ofdangerous conditions. To avoid liability to discovered trespassers, aperson or organization owning or controlling an interest in real propertymust refrain from gross negligence or intentional misconduct, and mustwarn the trespasser of dangerous conditions that are known to the personor organization owning or controlling an interest in real property butthat are not readily observable by others.

(c) This subsection shall not be interpreted or construed to alter thecommon law as it pertains to the “attractive nuisance doctrine.”

(4) A person or organization owning or controlling an interest in realproperty, or an agent of such person or organization, shall not be heldliable for negligence that results in the death of, injury to, or damage toa person who is attempting to commit a felony or who is engaged in thecommission of a felony on the property.


768.36 Alcohol or drug defense.—

(1) As used in this section, the term:

(a) “Alcoholic beverage” means distilled spirits and any beverage thatcontains 0.5 percent or more alcohol by volume as determined inaccordance with s. 561.01(4)(b).

(b) “Drug” means any chemical substance set forth in s. 877.111 orany substance controlled under chapter 893. The term does not includeany drug or medication obtained pursuant to a prescription as definedin s. 893.02 which was taken in accordance with the prescription, or anymedication that is authorized under state or federal law for generaldistribution and use without a prescription in treating human diseases,ailments, or injuries and that was taken in the recommended dosage.

(2) In any civil action, a plaintiff may not recover any damages forloss or injury to his or her person or property if the trier of fact finds that,at the time the plaintiff was injured:

(a) The plaintiff was under the influence of any alcoholic beverage ordrug to the extent that the plaintiff’s normal faculties were impaired orthe plaintiff had a blood or breath alcohol level of 0.08 percent or higher;and

(b) As a result of the influence of such alcoholic beverage or drug theplaintiff was more than 50 percent at fault for his or her own harm.


768.098 Limitation of liability for employee leasing.—

(1) An employer in a joint employment relationship pursuant to s.468.520 shall not be liable for the tortious actions of another employer inthat relationship, or for the tortious actions of any jointly employedemployee under that relationship, provided that:

(a) The employer seeking to avoid liability pursuant to this sectiondid not authorize or direct the tortious action;

(b) The employer seeking to avoid liability pursuant to this sectiondid not have actual knowledge of the tortious conduct and fail to takeappropriate action;

(c) The employer seeking to avoid liability pursuant to this sectiondid not have actual control over the day to day job duties of the jointlyemployed employee who has committed a tortious act nor actual controlover the portion of a job site at which or from which the tortious conductarose or at which and from which a jointly employed employee worked,and that said control was assigned to the other employer under thecontract;

(d) The employer seeking to avoid liability pursuant to this section isexpressly absolved in the written contract forming the joint employmentrelationship of control over the day to day job duties of the jointlyemployed employee who has committed a tortious act, and of the portionof the job site at which or from which the tortious conduct arose or atwhich and from which the jointly employed employee worked, and thatsaid control was assigned to the other employer under the contract; and

(e) Complaints, allegations or incidents of any tortious misconduct orworkplace safety violations, regardless of the source, are required to bereported to the employer seeking to avoid liability pursuant to this sectionby all other joint employers under the written contract forming the jointemployment relationship, and that the employer seeking to avoid liabilitypursuant to this section did not fail to take appropriate action as a resultof receiving any such report related to a jointly employed employee whohas committed a tortious act.

(2) An employer seeking to avoid liability pursuant to this sectionshall not be presumed to have actual control over the day to day jobduties of the jointly employed employee who has committed a tortious act,nor actual control over the portion of a job site at which or from whichthat employee worked, based solely upon the fact that the employee atissue is a leased employee.

(3) This section shall not alter any responsibilities of the jointemployer who has actual control over the day to day job duties of thejointly employed employee and who has actual control over the portion ofa job site at which or from which the employee is employed, which arisesfrom s. 768.096.



768.725 Punitive damages; burden of proof.—In all civil actions theplaintiff must establish at trial by clear and convincing evidence itsentitlement to an award of punitive damages. The “greater weight of theevidence” burden of proof applies to a determination of the amount ofdamages.


768.72 Pleading in civil actions; claim for punitive damages.—

(1) In any civil action, no claim for punitive damages shall bepermitted unless there is a reasonable showing by evidence in the recordor proffered by the claimant which would provide a reasonable basis forrecovery of such damages. The claimant may move to amend her or hiscomplaint to assert a claim for punitive damages as allowed by the rulesof civil procedure. The rules of civil procedure shall be liberallyconstrued so as to allow the claimant discovery of evidence whichappears reasonably calculated to lead to admissible evidence on theissue of punitive damages. No discovery of financial worth shall proceeduntil after the pleading concerning punitive damages is permitted.

(2) A defendant may be held liable for punitive damages only if thetrier of fact, based on clear and convincing evidence, finds that thedefendant was personally guilty of intentional misconduct or grossnegligence. As used in this section, the term:

(a) “Intentional misconduct” means that the defendant had actualknowledge of the wrongfulness of the conduct and the high probabilitythat injury or damage to the claimant would result and, despite thatknowledge, intentionally pursued that course of conduct, resulting ininjury or damage.

(b) “Gross negligence” means that the defendant’s conduct was soreckless or wanting in care that it constituted a conscious disregard orindifference to the life, safety, or rights of persons exposed to suchconduct.

(3) In the case of an employer, principal, corporation, or other legalentity, punitive damages may be imposed for the conduct of an employeeor agent only if the conduct of the employee or agent meets the criteriaspecified in subsection (2) and:

(a) The employer, principal, corporation, or other legal entity activelyand knowingly participated in such conduct;

(b) The officers, directors, or managers of the employer, principal,corporation, or other legal entity knowingly condoned, ratified, orconsented to such conduct; or

(c) The employer, principal, corporation, or other legal entity engagedin conduct that constituted gross negligence and that contributed to theloss, damages, or injury suffered by the claimant.

(4) The provisions of this section are remedial in nature and must beapplied to all civil actions pending on October 1, 1999, in which the trialor retrial of the action has not commenced.


768.73 Punitive damages; limitation.—

(1)(a) In any civil action in which the judgment for compensatorydamages is for $50,000 or less, judgment for punitive damages awardedto a claimant may not exceed $250,000, except as provided in paragraph(b). In any civil action in which the judgment for compensatory damagesexceeds $50,000, the judgment for punitive damages awarded to aclaimant may not exceed three times the amount of compensatorydamages or $250,000, whichever is higher, except as provided inparagraph (b). based on negligence, strict liability, products liability,misconduct in commercial transactions, professional liability, or breachof warranty, and involving willful, wanton, or gross misconduct, thejudgment for the total amount of punitive damages awarded to aclaimant may not exceed three times the amount of compensatorydamages awarded to each person entitled thereto by the trier of fact,except as provided in paragraph (b). However, this subsection does notapply to any class action.

(b) An If any award for punitive damages may not exceed exceeds thelimitations limitation specified in paragraph (a), the award is presumedto be excessive and the defendant is entitled to remittitur of the amountin excess of the limitation unless the claimant demonstrates to the courtby clear and convincing evidence that the defendant engaged inintentional misconduct or gross negligence and that the award is notexcessive in light of the facts and circumstances which were presentedto the trier of fact.

(c) This subsection is not intended to prohibit an appropriate courtfrom exercising its jurisdiction under s. 768.74 in determining thereasonableness of an award of punitive damages that is less than threetimes the amount of compensatory damages.

(2)(a) Except as provided in paragraph (b), punitive damages maynot be awarded against a defendant in a civil action if that defendantestablishes, before trial, that punitive damages have previously beenawarded against that defendant in any state or federal court in anyaction alleging harm from the same act or single course of conduct forwhich the claimant seeks compensatory damages. For purposes of a civilaction, the term “the same act or single course of conduct” includes actsresulting in the same manufacturing defects, acts resulting in the samedefects in design, or failure to warn of the same hazards, with respect tosimilar units of a product.

(b) In subsequent civil actions involving the same act or single courseof conduct for which punitive damages have already been awarded, if thecourt determines by clear and convincing evidence that the amount ofprior punitive damages awarded was insufficient to punish thatdefendant’s behavior, the court may permit a jury to consider an awardof subsequent punitive damages. In permitting a jury to considerawarding subsequent punitive damages, the court shall make specificfindings of fact in the record to support its conclusion. In addition, thecourt may consider whether the defendant’s act or course of conduct hasceased. Any subsequent punitive damage awards must be reduced by theamount of any earlier punitive damage awards rendered in state orfederal court.

(3) The claimant attorney’s fees, if payable from the judgment, are, tothe extent that the fees are based on the punitive damages, calculatedbased on the final judgment for punitive damages. This subsection doesnot limit the payment of attorney’s fees based upon an award of damagesother than punitive damages.

(4)(2) The jury may neither be instructed nor informed as to theprovisions of this section.

(5) The provisions of this section are remedial in nature and must beapplied to all civil actions pending on October 1, 1999, in which the trialor retrial of the action has not commenced.


768.735 Punitive damages; exceptions; limitation.—

(1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to anycivil action based upon child abuse, abuse of the elderly, or abuse of thedevelopmentally disabled or any civil action arising under chapter 400.Such actions are governed by applicable statutes and controlling judicialprecedent.

(2)(a) In any civil action based upon child abuse, abuse of the elderly,or abuse of the developmentally disabled, or actions arising underchapter 400 and involving the award of punitive damages, the judgmentfor the total amount of punitive damages awarded to a claimant may notexceed three times the amount of compensatory damages awarded to eachperson entitled thereto by the trier of fact, except as provided inparagraph (b). This subsection does not apply to any class action.

(b) If any award for punitive damages exceeds the limitationspecified in paragraph (a), the award is presumed to be excessive and thedefendant is entitled to remittitur of the amount in excess of thelimitation unless the claimant demonstrates to the court by clear andconvincing evidence that the award is not excessive in light of the factsand circumstances that were presented to the trier of fact.


(c) This subsection is not intended to prohibit an appropriate courtfrom exercising its jurisdiction under s. 768.74 in determining thereasonableness of an award of punitive damages which is less than threetimes the amount of compensatory damages.

(d) The jury may not be instructed or informed as to the provisions ofthis section.


768.736 Punitive damages; exceptions for intoxication.—Sections768.725 and 768.73 do not apply to any defendant who, at the time of theact or omission for which punitive damages are sought, was under theinfluence of any alcoholic beverage or drug to the extent that thedefendant’s normal faculties were impaired, or who had a blood orbreath alcohol level of 0.08 percent or higher.

Section 31. If any provision of this act or the application thereof toany person or circumstance is held invalid, the invalidity does not affectother provisions or applications of the act which can be given effectwithout the invalid provision or application, and to this end theprovisions of this act are declared severable.

Section 32. This act shall take effect October 1, 1999, except thatthis section and sections 1, 2, and 3 shall take effect July 1, 1999.


Delete everything before the enacting clause

and insert: A bill to be entitled An act relating to civil actions;amending s. 324.021, F.S.; providing a limitation on the liability forbodily injury, property, and economic damages for certain lessors andowners of motor vehicles; providing for applicability; amending s.95.031; providing a statute of repose of 18 years; creating s. 40.50, F.S.;providing for instructions to juries after the jury is sworn in; providingfor the taking of notes under certain circumstances; providing fornotebooks; providing for written questions; providing for finalinstructions; amending s. 44.102, F.S.; requiring that the court requiremediation in certain actions for monetary damages; creating s. 44.1051,F.S.; providing for voluntary trial resolution; providing for theappointment of a trial resolution judge; providing for compensation;providing for fees; providing for the tolling of applicable statutes oflimitation; providing for powers of trial resolution judges; providing forhearings and evidence; providing for appeal; providing for application;amending s. 57.105, F.S.; revising conditions for award of attorney’s feesfor presenting unsupported claims or defenses; authorizing damageawards against a party for unreasonable delay of litigation; authorizingthe court to impose additional sanctions; amending s. 768.79, F.S.;providing for the applicability of offers of judgment and demand ofjudgment in cases involving multiple plaintiffs; providing thatsubsequent offers shall void previous offers; providing that prior toawarding costs and fees the court shall consider whether the proposalwas reasonably rejected; amending s. 57.071, F.S.; providing criteriaunder which expert witness fees may be awarded as taxable costs;providing for expedited trials; amending s. 768.77, F.S.; deleting arequirement to itemize future damages on verdict forms; amending s.768.78, F.S.; providing for proposals for structured settlements;requiring structured-settlement discussion in settlement negotiations;requiring assignment of liability for payment to a third-party assigneeselected by the plaintiff; granting the plaintiff the right to select asettlement broker; providing for findings in orders approving oradopting a settlement; conforming provisions relating to alternativemethods of payment of damage awards to changes made by the act;correcting a cross-reference; creating s. 47.025, F.S.; providing thatcertain venue provisions in a contract for improvement to real propertyare void; specifying appropriate venue for actions against residentcontractors, subcontractors, sub-subcontractors, and materialmen;requiring the clerk of court to report certain information on negligencecases to the Office of the State Courts Administrator; amending s.768.81, F.S.; providing for the apportionment of damages on the basis ofjoint and several liability when a party’s fault exceeds a certainpercentage; repealing s. 768.81(5), F.S.; relating to the applicability ofjoint and several liability to actions in which the total amount of

damages does not exceed a specified amount; requiring the Departmentof Insurance to contract with an actuarial firm to conduct an actuarialanalysis of expected reductions in judgments and related costs resultingfrom litigation reforms; specifying the basis and due date for theactuarial report; providing for a review of rate filings by certain types ofinsurers after a specified date; providing that such provisions do notlimit the refund of excessive profits by certain insurers; creating s.768.1256, F.S.; providing a government rules defense with respect tocertain products liability actions; providing for rebuttablepresumptions; providing an exception; amending s. 400.023, F.S.,relating to actions brought on behalf of nursing home residents;providing that a party to any such action may not recover attorney’s feesunless parties submit to mediation; specifying requirements for suchmediation; providing for application; providing a standard for any awardof punitive damages; increasing minimum financial responsibilityrequirements for physicians and osteopathic physicians and eliminatingan alternative method of satisfying financial responsibilityrequirements for physicians and osteopathic physicians with hospitalstaff privileges; creating s. 768.096, F.S.; providing an employer with apresumption against negligent hiring under specified conditions in anaction for civil damages resulting from an intentional tort committed byan employee; amending s. 768.095, F.S.; revising the conditions underwhich an employer is immune from civil liability for disclosinginformation regarding an employee to a prospective employer; creatings. 768.071, F.S.; providing limitations on premises liability for a personor organization owning or controlling an interest in a business premises;amending s. 768.075, F.S.; modifying the conditions under which aperson or organization owning or controlling an interest in real propertyis liable for a trespasser’s injury or death; providing definitions;providing for the avoidance of liability to discovered and undiscoveredtrespassers under described circumstances; providing immunity fromcertain liability arising out of the attempt to commit or the commissionof a felony; creating s. 768.36, F.S.; prohibiting a plaintiff fromrecovering damages if plaintiff is more than a specified percentage atfault due to the influence of alcoholic beverages or drugs; creating s.768.098, F.S.; providing a limitation of liability for employee leasingunder specified conditions; creating s. 768.725, F.S.; providingevidentiary standards for an award of punitive damages; amending s.768.72, F.S.; revising provisions with respect to claims for punitivedamages in civil actions; requiring clear and convincing evidence ofgross negligence or intentional misconduct to support the recovery ofsuch damages; providing definitions; providing criteria for theimposition of punitive damages with respect to employers, principals,corporations, or other legal entities for the conduct of an employee oragent; providing for the application of the section; amending s. 768.73,F.S.; revising provisions with respect to limitations on punitivedamages; providing monetary limitations; providing an exception withrespect to intentional misconduct; prohibiting the award of subsequentpunitive damages against a defendant if punitive damages werepreviously awarded against the defendant for harm arising out of thesame act or single course of conduct; providing an exception; specifyingthe basis for calculating attorney’s fees on judgments for punitivedamages; providing for the application of the section; creating s.768.735, F.S.; providing that ss. 768.72(2)-(4), 768.725, and 768.73, F.S.,relating to punitive damages, are inapplicable to specified causes ofaction; limiting the amount of punitive damages that may be awardedto a claimant in certain civil actions involving abuse or arising under ch.400, F.S.; creating s. 768.736, F.S.; providing that ss. 768.725 and768.73, F.S., relating to punitive damages, do not apply to intoxicateddefendants; providing for severability; providing effective dates.

On motion by Rep. Byrd, the House refused to concur in SenateAmendment 1 to HB 775 and requested the Senate to recede therefromand, in the event the Senate refused to recede, requested a ConferenceCommittee be appointed. The action, together with the bill andamendment thereto, was immediately certified to the Senate.


I am directed to inform the House of Representatives that the Senatehas refused to concur in House Amendment 1 to CS for CS/SB’s 366 &382 and SB 708 and requests the House to recede. In the event theHouse refuses to recede, requests a Conference Committee.


The President has appointed the following Senators on the part of theSenate: Senator Cowin, Chairman, Senators Holzendorf andKirkpatrick and Senator Myers, Alternate.


CS for CS/SB’s 366 & 382 and SB 708—A bill to be entitled An actrelating to school readiness; creating s. 411.01, F.S.; establishing theFlorida Partnership for School Readiness for purposes of administeringthe School Readiness Program; providing responsibilities and duties ofthe partnership; providing membership and meeting requirements;providing that the Florida Partnership for School Readiness is subjectto public records and public meeting requirements; providing for hiringcertain employees; requiring that the partnership prepare a system formeasuring school readiness; specifying objectives to be measured bysuch system; requiring that the partnership contract with anindependent entity to evaluate the measurement system; requiring thepartnership to make recommendations to the Governor and the StateBoard of Education; authorizing the partnership to adopt rules;requiring the establishment of school readiness coalitions; specifyingservices to be provided by the coalitions; providing for designation andapproval of a fiscal agent; providing for grants to be provided tocoalitions to develop school readiness plans; providing for incentivebonuses to be awarded; providing requirements for school readinessplans; providing for early implementation of a school readiness planunder certain circumstances; providing for parental choice with respectto child care arrangements and payments; providing for evaluation andperformance measures; providing responsibility for implementation;providing for parental choice; creating s. 229.567, F.S.; requiring theDepartment of Education to adopt the school readiness uniformscreening developed by the Florida Partnership for School Readinessand to require their use by the school districts; amending s. 216.136,F.S.; creating the School Readiness Program Estimating Conference;requiring the conference to develop estimates and forecasts of studentseligible for school readiness programs; specifying the principals of theconference; amending s. 414.026, F.S.; requiring the chairperson of theFlorida Partnership for School Readiness to serve on the WAGESProgram State Board of Directors; amending s. 411.222, F.S.; abolishingthe State Coordinating Council for Early Childhood Services;establishing the State Coordinating Council for School ReadinessPrograms; requiring the State Coordinating Council for Early ChildhoodServices to submit a final report; amending s. 624.91, F.S.; requiring theHealthy Kids Corporation to work cooperatively with the FloridaPartnership for School Readiness; repealing s. 411.222(4), F.S., relatingto the State Coordinating Council for Early Childhood Services;providing an appropriation; providing effective dates.

(House Amendment 1 attached to original bill and shown in theJournal on pages 485-491, April 6.)

On motion by Rep. Lynn, the House acceded to the request of theSenate to appoint a conference committee.

Conference Committee Appointments

The Speaker appointed the following Members to serve as managerson the part of the House on CS for CS/SB’s 366 & 382 and SB 708 toserve with Rep. Warner, Chair: Reps. Lynn, Chestnut, and Logan(alternate).

The action, together with the bill and amendment thereto, wasimmediately certified to the Senate.


I am directed to inform the House of Representatives that the Senatehas passed SB 954, as amended, and requests the concurrence of theHouse.


By Senators Bronson and Brown-Waite—

SB 954—A bill to be entitled An act relating to weapons and firearms;providing that a nonresident who is a United States citizen may carrya concealed weapon or firearm in this state if the nonresident has

attained a specified age and holds a valid license to carry a concealedweapon or firearm issued in another state; providing that a nonresidentis subject to the same laws and restrictions as a licensee in Florida;providing that an out-of-state license to carry a concealed weapon orfirearm remains in effect for a certain period following the date on whichthe holder of the license establishes legal residence in this state;specifying how legal residence is established; providing applicability;providing an effective date.

—was read the first time by title. On motion by Rep. Crady, the ruleswere suspended and the bill was read the second time by title and thethird time by title. On passage, the vote was:

Yeas—84

The Chair Cosgrove Henriquez PutnamAlexander Crady Hill RitchieAndrews Crist Johnson RobertsArgenziano Crow Jones RojasArnall Dennis Kelly RussellBainter Detert Kilmer SemblerBall Diaz de la Portilla Kyle Smith, K.Barreiro Dockery Littlefield SorensenBense Eggelletion Maygarden SprattBilirakis Farkas Melvin StanselBitner Fasano Merchant StarksBoyd Feeney Miller, J. SuarezBradley Fiorentino Minton TrovillionBronson Flanagan Morroni ValdesBrummer Futch Murman VillalobosBullard Gay Ogles WallaceByrd Goode Patterson WarnerCantens Goodlette Peaden WatersCasey Green, C. Posey WilesChestnut Harrington Prieguez WilsonConstantine Hart Pruitt Wise

Nays—27

Betancourt Greenstein Levine Smith, C.Bloom Hafner Lynn SobelBrown Healey Miller, L. StaffordEffman Heyman Rayson SubletteFrankel Jacobs Reddick TurnbullGottlieb Kosmas Ritter Wasserman SchultzGreene, A. Lacasa Ryan

Votes after roll call:Yeas—AlbrightNays—BushYeas to Nays—Crow

So the bill passed and was certified to the Senate.

Suspension of Rule 127 for Special Order Calendar

On motion by Rep. L. Miller, Rule 127 was suspended and the Chairof the Committee on Rules & Calendar, in consultation with Rep.L. Miller, was given permission to set the Special Order Calendar for theweek of April 12.

Reports of Councils and Standing Committees

Special Orders

The Honorable John Thrasher April 6, 1999Speaker, House of Representatives

Dear Mr. Speaker:

In accordance with the vote of the House, the following report is theSpecial Order for Thursday, April 8, 1999. Consideration of the Housebills on Special Order shall include the Senate companion measures onthe House Calendar.


I. Consideration of the following bill(s):CS/HB 43—Public Records/Motor Vehicle RecordsCS/CS/HB 95—Beverage License/Historic StructuresHB 241—School Enrollment/Swim LessonsHB 737—Property/Tax CertificatesHB 1463—Elections/Lieutenant GovernorHB 1999—1999 Rate Reduction & Equity ActHB 605—Housing Finance Authorities/BondsHB 673—Alcoholic Beverages/Near SchoolsCS/HB 183—Sexual Battery/PenaltiesHB 699—Athletic TrainersCS/HB 165—Beverage Law/Underage StudentsHB 981—DentistryCS/HB 417—Real Estate Brokers & SalespersonsHB 1077—Civil-Law NotariesHB 127—US Marine Corps License PlateHB 315—Alcoholic BeveragesCS/HB 421 & 485—Voluntary Intoxication/DefenseCS/HB 49—Criminal Use of Personal ID Info.CS/CS/HB 163—Local Government Code EnforcementCS/HB 361—Partnership Filings/Dept. of StateCS/CS/HB 9—School Districts/Patriotic ProgramsCS/HB 767—Freight Forwarder BusinessHB 1437—Metropolitan Planning OrganizationsCS/HB 11—Arrest Warrants/IssuanceHB 509—Choose Life License Plate

II. CEREMONIAL RESOLUTIONS CALENDAR BY PUBLICA-TION IN THE JOURNAL FOR Thursday, April 8, 1999:HR 9105—Submarine Sailors Day/April 11, 1999HR 9125—International Day of Remembrance

III. CONSIDERATION OF THE CEREMONIAL RESOLUTIONSCALENDAR FOR Thursday, April 8, 1999:HR 9013—Stepherson, Reverend James W.HR 9115—Public Awareness/ObesityHR 9117—Dozier, Cornelia “Corky”HR 9119—Stop Day/Schools/Student ViolenceHR 9135—Just Read DayHR 9137—Miami-Dade County Days

Respectfully submitted,Joseph ArnallChairCommittee on Rules & Calendar

On motion by Rep. Arnall, the above report was adopted.

Suspension of the Rules for Committee Meetings and Bills

On motion by Rep. Pruitt, the rules were suspended and theCommittee on Transportation & Economic Development Appropriationswas given permission to add HBs 589 and 573 to the agenda for itsmeeting Friday, April 9, at 9:45 a.m., in Room 317C.

Immediately Certified

On motion by Rep. Sanderson, the rules were suspended and CS/HB425, which passed the House April 6, was immediately certified to theSenate.

Motions Relating to Committee References

On motion by Rep. Byrd, agreed to by two-thirds vote, HB 729 waswithdrawn from further consideration of the House.

On motion by Rep. Melvin, agreed to by two-thirds vote, HB 1661 waswithdrawn from further consideration of the House.

On motion by Rep. Lynn, agreed to by two-thirds vote, CS/HB 907 waswithdrawn from the Committee on Community Colleges & Career Prepand remains referred to the Committee on Education Appropriations.

On motion by Rep. Bitner, agreed to by two-thirds vote, HB 1825 waswithdrawn from the Committee on Financial Services and remainsreferred to the Committee on General Government Appropriations.

On motion by Rep. Valdes, agreed to by two-thirds vote, HB 1767 waswithdrawn from the Committee on Business Development &International Trade and remains referred to the Committee onTransportation & Economic Development Appropriations.

On motion by Rep. Maygarden, agreed to by two-thirds vote, CS/HB1549 was withdrawn from the Committee on Judiciary and placed on theappropriate Calendar.

On motion by Rep. Maygarden, agreed to by two-thirds vote, HB 1979was withdrawn from the Committee on Real Property & Probate andremains referred to the Committees on Finance & Taxation and GeneralGovernment Appropriations.

On motion by Rep. Sublette, agreed to by two-thirds vote, CS/HB 721was withdrawn from the Committee on Community Affairs and placedon the appropriate Calendar.

On motion by Rep. Sublette, agreed to by two-thirds vote, CS/HB 1033was withdrawn from the Committee on Governmental Rules &Regulations and remains referred to the Committee on EducationAppropriations.

On motion by Rep. Peaden, agreed to by two-thirds vote, HB 1031 waswithdrawn from the Committee on Health Care Services and placed onthe appropriate Calendar.

On motion by Rep. Peaden, agreed to by two-thirds vote, HB 1587 waswithdrawn from the Committee on Health Care Services and remainsreferred to the Committee on Health & Human Services Appropriations.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 71 and79 were withdrawn from the Committee on Criminal JusticeAppropriations and placed on the appropriate Calendar.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HBs 567, 947,1099, 1417, 1849, 1855, and 1909 were withdrawn from the Committeeon Finance & Taxation. HB 567 remains referred to the Committee onGeneral Appropriations. HBs 947, 1099, and 1417 were placed on theappropriate Calendar. HBs 1849 and 1855 remain referred to theCommittee on General Government Appropriations. HB 1909 remainsreferred to the Committee on Transportation & Economic DevelopmentAppropriations.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 449 waswithdrawn from the Committee on General Government Appropriationsand placed on the appropriate Calendar.

On motion by Rep. Pruitt, agreed to by two-thirds vote, CS/HB 35;CS/HB 287; and HB 957 were withdrawn from the Committee on Health& Human Services Appropriations and placed on the appropriateCalendar.

On motion by Rep. Reddick, agreed to by two-thirds vote, HB 1741was withdrawn from further consideration of the House.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 457 waswithdrawn from the Committee on Health & Human ServicesAppropriations and was further referred to the Committee onTransportation & Economic Development Appropriations.

On motion by Rep. Cosgrove, agreed to by two-thirds vote, HB 1519was withdrawn from further consideration of the House.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 601 waswithdrawn from the Committee on Transportation & EconomicDevelopment Appropriations and placed on the appropriate Calendar.

On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 613 waswithdrawn from the Committee on Transportation & EconomicDevelopment Appropriations and placed on the appropriate Calendar.

Bills and Joint Resolutions on Third Reading

HB 515 was taken up. On motion by Rep. C. Green, the rules weresuspended and—


CS for CS for SB 740—A bill to be entitled An act relating to lettersof credit under the Uniform Commercial Code; amending ss. 675.101,675.102, 675.103, 675.104, 675.105, 675.106, 675.107, 675.108, 675.109,675.110, 675.111, 675.112, 675.113, 675.114, 675.115, 675.116, and675.117, F.S.; revising article 5 of the Uniform Commercial Coderelating to letters of credit; providing scope, application, effect;providing definitions; providing formal requirements; providing thatconsideration is unnecessary; providing for issuance, amendment,cancellation, and duration; specifying rights and obligations ofconfirmers, nominated persons, and advisers; providing issuer’s rightsand obligations; providing procedures for counteracting fraud andforgery; specifying certain warranties; providing remedies; providing fortransfers of letters of credit; providing for transfers by operation of law;providing for assignment of proceeds of letters of credit; providing astatute of limitations; providing for a choice of law and forum; providingfor subrogation of issuers, applicants, and nominated persons; providingapplications; amending ss. 671.105, 672.512, 679.103, 679.104, 679.105,679.106, 679.304, and 679.305, F.S., to conform; amending s. 95.11, F.S.,to conform; providing an effective date.

—was substituted for HB 515 and read the second time by title. UnderRule 50, the House bill was laid on the table.

On motion by Rep. C. Green, the rules were suspended and CS for CSfor SB 740 was read the third time by title. On passage, the vote was:

Yeas—113

The Chair Dennis Jones RobertsAlexander Detert Kelly RojasAndrews Diaz de la Portilla Kilmer RussellArgenziano Dockery Kosmas RyanArnall Edwards Lacasa SandersonBainter Effman Lawson SemblerBall Eggelletion Levine Smith, C.Barreiro Farkas Littlefield Smith, K.Bense Fasano Logan SobelBetancourt Feeney Lynn SorensenBilirakis Fiorentino Maygarden SprattBitner Flanagan Melvin StaffordBloom Frankel Merchant StanselBoyd Futch Miller, J. StarksBradley Gay Miller, L. SuarezBronson Goodlette Minton SubletteBrown Gottlieb Morroni TrovillionBrummer Green, C. Murman TurnbullBullard Greene, A. Ogles ValdesBush Greenstein Patterson VillalobosByrd Hafner Peaden WallaceCantens Harrington Posey WarnerCasey Hart Prieguez Wasserman SchultzChestnut Healey Pruitt WatersConstantine Henriquez Putnam WilesCosgrove Heyman Rayson WiseCrady Hill ReddickCrist Jacobs RitchieCrow Johnson Ritter

Nays—None

Votes after roll call:Yeas—Albright, Goode, Kyle


HB 521 was taken up. On motion by Rep. Casey, the rules weresuspended and—

SB 114—A bill to be entitled An act relating to the FloridaIndependent Living Council; amending s. 413.395, F.S.; authorizing theFlorida Independent Living Council to incorporate as a corporation notfor profit; allowing an increase in the number of its members; amendingprerequisites to the Governor’s appointment of council members;providing an effective date.


On motion by Rep. Casey, the rules were suspended and SB 114 wasread the third time by title. On passage, the vote was:

Yeas—115

The Chair Dennis Johnson RitchieAlexander Detert Jones RitterAndrews Diaz de la Portilla Kelly RobertsArgenziano Dockery Kilmer RojasArnall Edwards Kosmas RussellBainter Effman Kyle RyanBall Eggelletion Lacasa SandersonBarreiro Farkas Lawson SemblerBense Fasano Levine Smith, C.Betancourt Feeney Littlefield Smith, K.Bilirakis Fiorentino Logan SobelBitner Flanagan Lynn SorensenBloom Frankel Maygarden SprattBoyd Futch Melvin StaffordBradley Gay Merchant StanselBronson Goode Miller, J. StarksBrown Goodlette Miller, L. SuarezBrummer Gottlieb Minton SubletteBullard Green, C. Morroni TrovillionBush Greene, A. Murman TurnbullByrd Greenstein Ogles ValdesCantens Hafner Patterson VillalobosCasey Harrington Peaden WallaceChestnut Hart Posey WarnerConstantine Healey Prieguez Wasserman SchultzCosgrove Henriquez Pruitt WatersCrady Heyman Putnam WilesCrist Hill Rayson WiseCrow Jacobs Reddick

Nays—None

Votes after roll call:Yeas—Albright


HB 535 was taken up. On motion by Rep. C. Green, the rules weresuspended and—

CS for SB 1280—A bill to be entitled An act relating to financialinstitutions; amending s. 655.0385, F.S.; revising the time period withinwhich state financial institutions must notify the departmentconcerning the appointment or employment of certain individuals;authorizing the Department of Banking and Finance to exempt certainfinancial institutions from reporting requirements relating to directorsand executive officers; providing for the adoption of rules; amending s.655.948, F.S.; revising notice and disclosure requirements; exemptingcertain financial institutions from reporting requirements; amending s.658.26, F.S.; providing for certain financial institutions to establishbranches by filing a written notice; providing an effective date.


On motion by Rep. C. Green, the rules were suspended and CS for SB1280 was read the third time by title. On passage, the vote was:

Yeas—116

The Chair Ball Bloom BullardAlexander Barreiro Boyd BushAndrews Bense Bradley ByrdArgenziano Betancourt Bronson CantensArnall Bilirakis Brown CaseyBainter Bitner Brummer Chestnut


Constantine Green, C. Maygarden SandersonCosgrove Greene, A. Melvin SemblerCrady Greenstein Merchant Smith, C.Crist Hafner Miller, J. Smith, K.Crow Harrington Miller, L. SobelDennis Hart Minton SorensenDetert Healey Morroni SprattDiaz de la Portilla Henriquez Murman StaffordDockery Heyman Ogles StanselEdwards Hill Patterson StarksEffman Jacobs Peaden SuarezEggelletion Johnson Posey SubletteFarkas Jones Prieguez TrovillionFasano Kelly Pruitt TurnbullFeeney Kilmer Putnam ValdesFiorentino Kosmas Rayson VillalobosFlanagan Kyle Reddick WallaceFrankel Lacasa Ritchie WarnerFutch Lawson Ritter Wasserman SchultzGay Levine Roberts WatersGoode Littlefield Rojas WilesGoodlette Logan Russell WilsonGottlieb Lynn Ryan Wise

Nays—None

Votes after roll call:Yeas—Albright


HB 771 was taken up. On motion by Rep. Bilirakis, the rules weresuspended and—

SB 1514—A bill to be entitled An act relating to hospices; amendings. 400.605, F.S.; prescribing additional subjects that must be addressedin rules of the Department of Elderly Affairs; amending s. 400.6085,F.S.; authorizing hospices to contract for physician services; amendings. 400.609, F.S.; authorizing physician services and home health aideservices to be provided through contract; authorizing hospices tocontract for services under certain circumstances; prescribing additionalfacilities in which hospice services may be provided; prescribingresponsibility for care and services of persons admitted to hospiceprograms; providing an effective date.


On motion by Rep. Bilirakis, the rules were suspended and SB 1514was read the third time by title. On passage, the vote was:

Yeas—116

The Chair Byrd Flanagan JonesAlexander Cantens Frankel KellyAndrews Casey Futch KilmerArgenziano Chestnut Garcia KosmasArnall Constantine Gay KyleBainter Cosgrove Goode LacasaBall Crady Goodlette LawsonBarreiro Crist Gottlieb LevineBense Crow Green, C. LittlefieldBetancourt Dennis Greene, A. LoganBilirakis Detert Greenstein LynnBitner Diaz de la Portilla Hafner MaygardenBloom Dockery Harrington MelvinBoyd Edwards Hart MerchantBradley Effman Healey Miller, J.Bronson Eggelletion Henriquez Miller, L.Brown Farkas Heyman MintonBrummer Fasano Hill MorroniBullard Feeney Jacobs MurmanBush Fiorentino Johnson Ogles

Patterson Ritter Sorensen ValdesPeaden Roberts Spratt VillalobosPosey Rojas Stafford WallacePrieguez Russell Stansel WarnerPruitt Ryan Starks Wasserman SchultzPutnam Sanderson Suarez WatersRayson Smith, C. Sublette WilesReddick Smith, K. Trovillion WilsonRitchie Sobel Turnbull Wise

Nays—None

Votes after roll call:Yeas—Albright, Sembler


HB 1881—A bill to be entitled An act relating to standardizedcredentialing for health care practitioners; amending s. 455.557, F.S.;revising the credentials collection program for health care practitioners;revising and providing definitions; providing requirements for healthcare practitioners and the Department of Health under the program;renaming the advisory council and abolishing it at a future date;prohibiting duplication of data available from the department;authorizing collection of certain other information; revisingrequirements for registration of credentials verification organizations;providing for biennial renewal of registration; providing grounds forsuspension or revocation of registration; revising liability insurancerequirements; revising rulemaking authority; specifying authority ofthe department after the council is abolished; providing an effectivedate.

—was read the third time by title. On passage, the vote was:

Yeas—116

The Chair Dennis Johnson RitchieAlexander Detert Jones RitterAndrews Diaz de la Portilla Kelly RobertsArgenziano Dockery Kilmer RojasArnall Edwards Kosmas RussellBainter Effman Kyle RyanBall Eggelletion Lacasa SandersonBarreiro Farkas Lawson SemblerBense Fasano Levine Smith, C.Betancourt Feeney Littlefield Smith, K.Bilirakis Fiorentino Logan SobelBitner Flanagan Lynn SorensenBloom Frankel Maygarden SprattBoyd Futch Melvin StaffordBradley Garcia Merchant StanselBronson Gay Miller, J. StarksBrown Goode Miller, L. SuarezBrummer Goodlette Minton SubletteBullard Gottlieb Morroni TrovillionBush Green, C. Murman TurnbullByrd Greene, A. Ogles ValdesCantens Greenstein Patterson VillalobosCasey Hafner Peaden WallaceChestnut Hart Posey WarnerConstantine Healey Prieguez Wasserman SchultzCosgrove Henriquez Pruitt WatersCrady Heyman Putnam WilesCrist Hill Rayson WilsonCrow Jacobs Reddick Wise

Nays—None

Votes after roll call:Yeas—Albright, Harrington

So the bill passed, as amended, and was certified to the Senate.

On motion by Rep. L. Miller, the rules were suspended and the Housemoved to the order of—


Motions Relating to Committee References

On motion by Rep. Wilson, agreed to by two-thirds vote, HB 471 waswithdrawn from further consideration of the House.

Continuation of Bills and Joint Resolutions onThird Reading

HB 85—A bill to be entitled An act relating to official statedesignations; creating s. 15.0465, F.S.; designating an official flagshipof the State of Florida; designating the courthouse of the District Courtof Appeal for the Third District as the “Thomas H. Barkdull, Jr., DistrictCourthouse”; authorizing the Third District Court of Appeal to erectsuitable markers; providing an effective date.


Yeas—112

The Chair Detert Jacobs ReddickAlexander Diaz de la Portilla Johnson RitchieAndrews Dockery Jones RitterArgenziano Edwards Kelly RobertsArnall Effman Kilmer RojasBall Eggelletion Kosmas RussellBarreiro Farkas Kyle RyanBense Fasano Lacasa SandersonBetancourt Feeney Levine SemblerBilirakis Fiorentino Littlefield Smith, C.Bitner Flanagan Logan SobelBloom Frankel Lynn SorensenBoyd Futch Maygarden StaffordBradley Garcia Melvin StanselBronson Gay Merchant StarksBrown Goode Miller, J. SuarezBullard Goodlette Miller, L. SubletteBush Gottlieb Minton TrovillionByrd Green, C. Morroni TurnbullCantens Greene, A. Murman ValdesCasey Greenstein Ogles VillalobosChestnut Hafner Patterson WallaceConstantine Harrington Peaden WarnerCosgrove Hart Posey Wasserman SchultzCrady Healey Prieguez WatersCrist Henriquez Pruitt WilesCrow Heyman Putnam WilsonDennis Hill Rayson Wise

Nays—1

Lawson

Votes after roll call:Yeas—K. Smith, Spratt


CS/CS/CS/HB 93—A bill to be entitled An act relating to titleinsurance reserve; amending s. 625.111, F.S.; specifying the componentsof unearned premium reserve for certain financial statements; providinga formula for releasing unearned premium reserve over a period ofyears; providing definitions; providing an effective date.


Yeas—114

The Chair Barreiro Bradley CaseyAlbright Bense Bronson ChestnutAndrews Betancourt Brown ConstantineArgenziano Bilirakis Bullard CosgroveArnall Bitner Bush CradyBainter Bloom Byrd CristBall Boyd Cantens Crow

Dennis Harrington Miller, J. Smith, K.Detert Hart Miller, L. SobelDiaz de la Portilla Healey Minton SorensenDockery Henriquez Morroni SprattEdwards Heyman Murman StaffordEffman Hill Ogles StanselFarkas Jacobs Patterson StarksFasano Johnson Peaden SuarezFeeney Jones Posey SubletteFiorentino Kelly Prieguez TrovillionFlanagan Kilmer Pruitt TurnbullFrankel Kosmas Putnam ValdesFutch Kyle Rayson VillalobosGarcia Lacasa Reddick WallaceGay Lawson Ritchie WarnerGoode Levine Ritter Wasserman SchultzGoodlette Littlefield Roberts WatersGottlieb Logan Russell WilesGreen, C. Lynn Ryan WilsonGreene, A. Maygarden Sanderson WiseGreenstein Melvin SemblerHafner Merchant Smith, C.

Nays—None

Votes after roll call:Yeas—Alexander, Brummer


HB 995 was taken up. On motion by Rep. Gay, the rules weresuspended and—

SB 1464—A bill to be entitled An act relating to the depopulation ofthe Florida Residential Property and Casualty Joint UnderwritingAssociation; repealing s. 627.3511(5)(b), F.S., relating to thequalification of an insurer for an exemption from certain assessment;providing retroactive application; providing an effective date.


Representative(s) Gay offered the following:

Amendment 1 (with title amendment)—On page 1, line 11,

Insert:

Section 1. Subsection (8) is added to section 627.3511, FloridaStatutes, to read:

627.3511 Depopulation of Residential Property and Casualty JointUnderwriting Association.—

(8) In addition to any credits, bonuses, or assessment exemptionsauthorized in this section, the board may approve incentives, subject tothe approval of the department, for any prudent and not unfairlydiscriminatory plan which provides for a minimum of a fifty percentreduction of the personal residential wind exposure of the association.


On page 1, line 4, after the semicolon,

Insert: amending s. 627.3511, F.S.; authorizing the board to approvecertain incentives;

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

On motion by Rep. Gay, the rules were suspended and SB 1464, asamended, was read the third time by title. On passage, the vote was:

Yeas—118

The Chair Andrews Bainter BenseAlbright Argenziano Ball BetancourtAlexander Arnall Barreiro Bilirakis


Bitner Feeney Lacasa RussellBloom Fiorentino Lawson RyanBoyd Flanagan Levine SandersonBradley Frankel Littlefield SemblerBronson Futch Logan Smith, C.Brown Garcia Lynn Smith, K.Brummer Gay Maygarden SobelBullard Goode Melvin SorensenBush Goodlette Merchant SprattByrd Gottlieb Miller, J. StaffordCantens Green, C. Miller, L. StanselCasey Greene, A. Minton StarksChestnut Greenstein Morroni SuarezConstantine Hafner Murman SubletteCosgrove Harrington Ogles TrovillionCrady Hart Patterson TurnbullCrist Healey Peaden ValdesCrow Henriquez Posey VillalobosDennis Heyman Prieguez WallaceDetert Hill Pruitt WarnerDiaz de la Portilla Jacobs Putnam Wasserman SchultzDockery Johnson Rayson WatersEdwards Jones Reddick WilesEffman Kelly Ritchie WilsonEggelletion Kilmer Ritter WiseFarkas Kosmas RobertsFasano Kyle Rojas

Nays—None


HB 675—A bill to be entitled An act relating to historical resources;amending s. 267.081, F.S., relating to publications of the Division ofHistorical Resources of the Department of State; providing that moneysreceived from the sale of publications by the division may be held in theoperating trust fund of the division or in a specified depository account;providing an effective date.


Yeas—117

The Chair Crist Henriquez PruittAlbright Crow Heyman PutnamAlexander Dennis Hill RaysonAndrews Detert Jacobs ReddickArgenziano Diaz de la Portilla Johnson RitchieArnall Dockery Jones RitterBainter Edwards Kelly RobertsBall Effman Kilmer RojasBarreiro Eggelletion Kosmas RussellBense Farkas Kyle RyanBetancourt Fasano Lacasa SandersonBilirakis Feeney Lawson SemblerBitner Fiorentino Levine Smith, C.Bloom Flanagan Littlefield Smith, K.Boyd Frankel Logan SobelBradley Futch Lynn SorensenBronson Garcia Maygarden SprattBrown Gay Merchant StaffordBrummer Goode Miller, J. StanselBullard Goodlette Miller, L. StarksBush Gottlieb Minton SuarezByrd Green, C. Morroni SubletteCantens Greene, A. Murman TrovillionCasey Greenstein Ogles TurnbullChestnut Hafner Patterson ValdesConstantine Harrington Peaden VillalobosCosgrove Hart Posey WallaceCrady Healey Prieguez Warner

Wasserman Schultz Wiles Wilson WiseWaters

Nays—None


HB 849 was taken up. On motion by Rep. Farkas, the rules weresuspended and—

SB 996—A bill to be entitled An act relating to motor vehicles;amending s. 316.003, F.S.; providing official traffic control devices andtraffic control devices are the same and do not include certain pavementundulations; amending s. 316.008, F.S.; authorizing local governmentsto regulate certain pavement undulations; amending s. 316.0745, F.S.;providing certain pavement undulations are exempt from certainprohibitions concerning uniform traffic control devices; creating s.316.2122, F.S.; authorizing the use of low-speed vehicles on certainpublic roads; providing restrictions for such operation; amending s.320.01, F.S.; providing a speed restriction for golf carts; defining theterm “low-speed vehicle”; defining the term “utility vehicle”; amendings. 320.08001, F.S.; prescribing a license tax for low-speed vehicles;amending s. 316.2126, F.S.; authorizing the use of golf carts and utilityvehicles by municipalities for municipal purposes and subject to certainconditions; amending s. 320.105, F.S.; exempting golf carts and utilityvehicles from requirements to display license plates; amending s.325.203, F.S.; exempting golf carts and utility vehicles from inspectionrequirements; providing an effective date.


Representative(s) K. Smith offered the following:

Amendment 1 (with title amendment)—On page 2, lines 1-31, andon page 3, lines 1-3,remove from the bill: all of said lines


On page 1, lines 3-8,remove from the title of the bill: all of said lines

Rep. K. Smith moved the adoption of the amendment, which wasadopted.

Representative(s) K. Smith offered the following:

Amendment 2—On page 3, lines 4-31,remove from the bill: all of said lines

and insert in lieu thereof:


316.2122 Operation of a low-speed vehicle on certain roadways.—The operation of a low-speed vehicle, as defined in s. 320.01(42), on anyroad as defined in s. 334.03(15) or s. 334.03(33), is authorized with thefollowing restrictions:

(1) A low-speed vehicle may be operated only on streets where theposted speed limit is 35 miles per hour or less. This does not prohibit alow-speed vehicle from crossing a road or street at an intersection wherethe road or street has a posted speed limit of more than 35 miles per hour.

(2) A low-speed vehicle must be equipped with headlamps, stoplamps, turn signal lamps, taillamps, reflex reflectors, parking brakes,rearview mirrors, windshields, seat belts, and vehicle identificationnumbers.

(3) A low-speed vehicle must be registered and insured in accordancewith s. 320.02.

(4) Any person operating a low-speed vehicle must have in his or herpossession a valid driver’s license.

(5) A county or municipality may prohibit the operation of low-speedvehicles on any road under its jurisdiction if the governing body of the


county or municipality determines that such prohibition is necessary inthe interest of safety.

(6) The Department of Transportation may prohibit the operation oflow-speed vehicles on any road under its jurisdiction if it determines thatsuch prohibition is necessary in the interest of safety.

Rep. K. Smith moved the adoption of the amendment, which wasadopted.

Representative(s) Kosmas offered the following:

Amendment 3—On page 5, between lines 17 & 18,

insert: (4) A municipal employee operating a golf cart or utilityvehicle pursuant to this section must possess a valid driver’s license asrequired by s. 322.03.

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

On motion by Rep. Farkas, the rules were suspended and SB 996, asamended, was read the third time by title. On passage, the vote was:

Yeas—118

The Chair Dennis Johnson RitterAlbright Detert Jones RobertsAlexander Diaz de la Portilla Kelly RojasAndrews Dockery Kilmer RussellArgenziano Edwards Kosmas RyanArnall Effman Kyle SandersonBainter Eggelletion Lacasa SemblerBall Farkas Lawson Smith, C.Barreiro Fasano Levine Smith, K.Bense Feeney Littlefield SobelBetancourt Fiorentino Logan SorensenBilirakis Flanagan Lynn SprattBitner Frankel Maygarden StaffordBloom Futch Melvin StanselBoyd Garcia Merchant StarksBradley Gay Miller, J. SuarezBronson Goode Miller, L. SubletteBrown Goodlette Minton TrovillionBrummer Gottlieb Morroni TurnbullBullard Green, C. Murman ValdesBush Greene, A. Ogles VillalobosByrd Greenstein Patterson WallaceCantens Hafner Peaden WarnerCasey Harrington Posey Wasserman SchultzChestnut Hart Prieguez WatersConstantine Healey Pruitt WilesCosgrove Henriquez Putnam WilsonCrady Heyman Rayson WiseCrist Hill ReddickCrow Jacobs Ritchie

Nays—None


Special Orders

CS/HB 43—A bill to be entitled An act relating to public records;amending s. 119.07, F.S.; revising the exemption from public recordsrequirements for personal information contained in a motor vehiclerecord; specifying that such personal information includes a person’sphotograph; restricting the disclosure of such information uponpresentation of a license plate number only; providing conditions for thedisclosure of social security numbers; providing an additional use forwhich such information may be released; providing a finding of publicnecessity; repealing s. 322.142(5) and (6), F.S., which authorize theDepartment of Highway Safety and Motor Vehicles to sell copies ofphotographs, other images, and other driver’s license and identificationcard information under certain conditions; providing an effective date.

—was read the second time by title.

Representative(s) Harrington offered the following:

Amendment 1 (with title amendment)—On page 6, line 2, afterthe period:

insert: In addition, the department shall not knowingly disclose or otherwisemake available any photographic or digital images from motor vehiclerecords except as provided in s. 322.142.


On page 1, line 13 after the semicolon

insert: providing that photographic or digital images shall not beknowingly disclosed except as provided in s. 322.142, F.S.;

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

Under Rule 121(b), the bill was referred to the Engrossing Clerk.

On motion by Rep. Cosgrove, CS/CS/HB 95 was temporarilypostponed under Rule 141 and the second reading nullified.

Moment of Silence

The House observed a moment of silence for the employees at theTampa Electric Company generating plant, where an explosion thismorning killed two people and injured 50 others.

Continuation of Special Orders

HB 241—A bill to be entitled An act relating to education; creating s.232.042, F.S.; requiring each child, prior to enrollment in school, tosubmit evidence of whether or not he or she has learned to swim;requiring the district school board to provide certain information;providing for review and repeal; providing an effective date.

—was taken up, having been read the third time on April 6; nowpending roll call.

Representative(s) Starks offered the following:

Amendment 3 (with title amendment)—On page 1, line 15,remove from the bill: shall

and insert in lieu thereof: may


On page 1, line 3,remove from the title of the bill: requiring

and insert in lieu thereof: authorizing each district to require

Rep. Starks moved the adoption of the amendment, which wasadopted by the required two-thirds vote.

Representative(s) Starks offered the following:

Amendment 4 (with title amendment)—Remove from the bill: Everything after the enacting clause



233.0627 Swim lessons for students in kindergarten through grade3.—

(1) The Legislature finds that the instruction of young children in thebasic skills of swimming will save lives and promote the health, safety,and welfare of such children.

(2) Each district school board shall provide swim lessons as acomponent of the physical education curriculum for each student inkindergarten through grade 3. Lessons shall be designed to develop


mastery of the basic skills of swimming and safety and survivaltechniques.

(3) District school boards may develop cooperative agreements orenter into contracts with community agencies or organizations for the useof community resources, including park and recreation departmentfacilities.

(4) The Commissioner of Education shall adopt rules and standardsfor the implementation of the provisions of this section.

Section 2. This act shall take effect July 1, 1999.



and insert in lieu thereof: A bill to be entitled An act relating toeducation; creating s. 233.0627, F.S.; requiring district school boards toprovide swim lessons for certain elementary school students;authorizing cooperative agreements or contracts for the use ofcommunity resources; providing for rules and standards; providing aneffective date.

Rep. Starks moved the adoption of the amendment.

Point of Order

Rep. Ritter raised a point of order that the amendment by Rep. Starkswas out of order under Rule 146 because it incorporated the principalsubstance of HB 119, which had been withdrawn from furtherconsideration of the House.

Rep. Arnall, Chair of the Committee on Rules & Calendar,recommended that the point be well taken.

The Chair [Speaker Thrasher] concurred with the opinion of Rep.Arnall and ruled the point well taken and the amendment out of order.

Further consideration of HB 241 was temporarily postponed underRule 141.

HB 737 was taken up. On motion by Rep. A. Greene, the rules weresuspended and—

CS for SB 986—A bill to be entitled An act relating to property taxes;amending s. 197.432, F.S.; prohibiting holders of tax certificates fromcontacting the owner of the property upon which a tax certificate isissued until the expiration of a specified time; providing a penalty;amending s. 197.482, F.S.; providing for the date to begin timing alimitation on a tax certificate; providing an effective date.

—was substituted for HB 737 and read the second time by title. UnderRule 50, the House bill was laid on the table and the Senate bill wasreferred to the Engrossing Clerk.

HB 1463—A bill to be entitled An act relating to elections; creatings. 99.063, F.S.; providing for the designation of candidates forLieutenant Governor; modifying the time of designation; modifyingqualifying requirements; providing for ballot language on primaryelection ballots and advance absentee ballots for the general election ifthe candidate for Lieutenant Governor has not been designated by atime certain; providing for forfeiture of ballot position at the generalelection for the candidate for Governor if a Lieutenant Governorrunning mate has not been designated and qualified by the timerequired; repealing s. 99.092(3), F.S., relating to paying the qualifyingfee, to conform; amending ss. 99.095, 99.0955, and 101.62, F.S., toconform; amending s. 100.111, F.S.; allowing a candidate who hasqualified for public office and has either withdrawn or been eliminatedto be designated as a candidate for Lieutenant Governor; amending s.102.112, F.S.; revising the time limit for submission of county returnsto the Department of State; providing an effective date.

—was read the second time by title and, under Rule 121(b), referredto the Engrossing Clerk.

HB 1999—A bill to be entitled An act relating to telecommunicationsservice rates; providing a short title; amending s. 364.02, F.S.; providingdefinitions; amending s. 364.025, F.S.; extending application ofuniversal service provisions and carrier-of-last-resort obligations;requiring the Public Service Commission to make recommendations tothe Legislature for a universal service support mechanism; providing forrelieving local exchange telecommunications companies of carrier-of-last-resort obligations under certain circumstances; amending s.364.051, F.S.; specifying rates for certain services; requiring a reductionin standard residential service rates by a certain time; authorizing localexchange telecommunications companies to set or change rates forpremium residential services under certain circumstances; specifyinguses of revenues from rates for premium residential services; requiringthe commission to verify compliance with certain rate changes;authorizing the commission to adopt rules for certain purposes;amending s. 364.052, F.S.; authorizing certain local exchange companiesto provide standard and premium residential services; amending s.364.163, F.S.; revising certain rate cap period requirements; requiringcertain interexchange telecommunications companies to decreaseintrastate long distance rates under certain circumstances for certainpurposes; amending ss. 196.012, 199.183, 212.08, 290.007, 350.0605,364.602, and 489.103, F.S.; correcting cross references; providing aneffective date.


Representative(s) Rojas offered the following:

Amendment 1—On page 8, line 5,remove from the bill: January 1, 2000

and insert in lieu thereof: August 1, 1999

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


Amendment 2—On page 8, line 5 of the bill

before the period insert: , and shall remain capped at that level subjectto the price cap provisions of subsection (4)



Amendment 3—On page 8, line 11,remove from the bill: January 1

and insert in lieu thereof: August 1


Representative(s) Wasserman Schultz offered the following:

Amendment 4—On page 2, lines 20 & 21,remove from the bill: all of said lines

and insert in lieu thereof: monthly recurring charge applies.

Rep. Wasserman Schultz moved the adoption of the amendment.

Rep. Rojas moved that, under Rule 142(h), a late-filed substituteamendment be allowed for consideration.

Point of Order

Rep. Ritter raised a point of order, under Rule 145, that the substituteamendment was not germane to the main amendment.

The Chair [Speaker Thrasher] referred the point to the Chair of theCommittee on Rules & Calendar. Pending a ruling, furtherconsideration of the motion and Amendment 4 was temporarilypostponed.

Representative(s) Wasserman Schultz offered the following:

Amendment 5—On page 2, line 30,remove from the bill: all of said line


and insert in lieu thereof: residential service. In addition, having morethan a single local access line serving that residence will not disqualifya subscriber from standard residential service.

Rep. Wasserman Schultz moved the adoption of the amendment.

On motion by Rep. Wasserman Schultz, further consideration ofAmendment 5 was temporarily postponed under Rule 141.

Representative(s) Merchant, Wasserman Schultz, and Warner offeredthe following:


and insert in lieu thereof: unreasonable barrier to competition. Inreaching its determination, the commission shall not inquire into orconsider any factor that is inconsistent with s. 364.051(1)(c). The costsand expenses of any government

Rep. Merchant moved the adoption of the amendment.

Rep. Rojas moved that, under Rule 142(h), a late-filed substituteamendment be allowed for consideration, which was agreed to. The votewas:

Yeas—86

The Chair Crist Jones RobertsAlbright Dennis Kilmer RojasAlexander Detert Kyle RussellAndrews Dockery Lacasa RyanArnall Edwards Littlefield SandersonBainter Effman Logan SemblerBarreiro Eggelletion Lynn Smith, C.Bense Farkas Maygarden Smith, K.Bilirakis Fasano Melvin SprattBitner Feeney Miller, J. StaffordBloom Fiorentino Miller, L. StanselBoyd Flanagan Minton StarksBradley Frankel Morroni SubletteBronson Garcia Murman TrovillionBrummer Gay Ogles TurnbullBullard Goodlette Patterson ValdesByrd Greene, A. Peaden WarnerCantens Harrington Posey WatersCasey Hart Prieguez WilesChestnut Henriquez Pruitt WiseConstantine Hill PutnamCrady Johnson Reddick

Nays—18

Argenziano Gottlieb Kosmas VillalobosBall Green, C. Merchant WallaceBrown Hafner Rayson Wasserman SchultzCrow Healey RitchieDiaz de la Portilla Jacobs Ritter

Votes after roll call:Yeas—Betancourt, Kelly

Representative(s) Rojas, Feeney, and Eggelletion offered thefollowing:

Substitute Amendment 6—On page 4, line 12 of the bill

before the comma insert: as to an interim mechanism

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

Point of Order

Rep. Ritter withdrew the point of order on Rep. Rojas’s motion toconsider a late-filed substitute amendment for Amendment 4.

Subsequently, Rep. Rojas withdrew the motion to consider the late-filed substitute amendment.

On motion by Rep. Rojas, under Rule 142(h), the following late-filedsubstitute amendment was considered.



before the period insert: , as long as such requirement remains consistentwith federal law


The question recurred on the adoption of Amendment 5, which waswithdrawn.

Representative(s) Warner and Wasserman Schultz offered thefollowing:

Amendment 7—On page 4, line 27,remove from the bill: “shall”

and insert in lieu thereof: may shall

Rep. Warner moved the adoption of the amendment.




after the period insert: Such permanent universal service supportmechanism shall be consistent with any universal service supportmechanism established by the Federal Communications Commission.


Representative(s) Warner and Wasserman Schultz offered thefollowing:


and insert in lieu thereof: (c) In determining the cost of providingbasic

Rep. Warner moved the adoption of the amendment.

Rep. Warner moved that, under Rule 142(h), a late-filed substituteamendment be allowed for consideration, which was not agreed to.




after 2004, insert: or does not require the commission to establish auniversal service support mechanism,


Representative(s) Merchant and Wasserman Schultz offered thefollowing:


and insert in lieu thereof: increased prior to January 1, 2000. However,the basic local telecommunications service rates of a local exchange


telecommunications company with more than 3 million basic localtelecommunications service access lines in service on July 1, 1995, shallnot be increased prior to January 1, 2001.

Rep. Merchant moved the adoption of the amendment.



Substitute Amendment 9—On page 7, line 19remove from the bill: 2000

and insert in lieu thereof: 2001 2000


Rep. Warner moved that, under Rule 142(h), a late-filed amendmentbe allowed for consideration, which was not agreed to.


On motion by Rep. Arnall, the House returned to consideration of HB241.

HB 241—A bill to be entitled An act relating to education; creating s.232.042, F.S.; requiring each child, prior to enrollment in school, tosubmit evidence of whether or not he or she has learned to swim;requiring the district school board to provide certain information;providing for review and repeal; providing an effective date.

—was taken up, having been considered earlier today; now pendingroll call.

The question recurred on the passage of HB 241. The vote was:

Yeas—58

Argenziano Diaz de la Portilla Jacobs RussellArnall Effman Johnson RyanBarreiro Eggelletion Kosmas Smith, C.Betancourt Farkas Levine SobelBloom Fiorentino Logan StaffordBoyd Frankel Maygarden StanselBrown Garcia Merchant StarksBullard Gottlieb Miller, L. TurnbullBush Greene, A. Murman ValdesByrd Greenstein Peaden WarnerCantens Hafner Prieguez Wasserman SchultzChestnut Healey Rayson WilesCosgrove Henriquez Reddick WilsonCrist Heyman RitchieDennis Hill Ritter

Nays—57

The Chair Detert Kilmer RojasAlbright Dockery Kyle SandersonAlexander Edwards Lacasa SemblerBainter Fasano Lawson Smith, K.Ball Feeney Littlefield SorensenBense Flanagan Lynn SprattBilirakis Futch Melvin SuarezBitner Gay Miller, J. SubletteBradley Goode Minton TrovillionBronson Goodlette Morroni WallaceBrummer Green, C. Patterson WatersCasey Harrington Posey WiseConstantine Hart PruittCrady Jones PutnamCrow Kelly Roberts

Votes after roll call:

Yeas—Andrews

So the bill passed, as amended, and was certified to the Senate afterengrossment.

HB 605—A bill to be entitled An act relating to bond financing;amending s. 159.612, F.S.; authorizing housing finance authoritiesunder the Florida Housing Finance Authority Law to issue refundingbonds for certain purposes; providing an effective date.

—was read the second time by title and, under Rule 121(b), referredto the Engrossing Clerk.

HB 673—A bill to be entitled An act relating to the Beverage Law;amending s. 562.45, F.S.; providing restrictions on locations for on-premises consumption of alcoholic beverages; providing an effectivedate.


The Committee on Regulated Services offered the following:

Amendment 1 (with title amendment)—Remove from the bill: Everything after the enacting clause



562.11 Selling, giving, or serving alcoholic beverages to personunder age 21; misrepresenting or misstating age or age of another toinduce licensee to serve alcoholic beverages to person under 21;penalties.—

(2) It is unlawful for any person to misrepresent or misstate his orher age or the age of any other person for the purpose of inducing anylicensee or his or her agents or employees to sell, give, serve, or deliverany alcoholic beverages to a person under 21 years of age, or for anyperson under 21 years of age to purchase or attempt to purchase alcoholicbeverages.

(a) Anyone convicted of violating the provisions of this subsection isguilty of a misdemeanor of the second degree, punishable as provided ins. 775.082 or s. 775.083.

(b) Any person under the age of 17 years who violates suchprovisions shall be within the jurisdiction of the judge of the circuit courtand shall be dealt with as a juvenile delinquent according to law.

(c) In addition to any other penalty imposed for a violation of thissubsection, if a person uses a driver’s license or identification cardissued by the Department of Highway Safety and Motor Vehicles inviolation of this subsection, the court:

1. May order the person to participate in public service or acommunity work project for a period not to exceed 40 hours; and

2. Shall direct the Department of Highway Safety and MotorVehicles to withhold issuance of, or suspend or revoke, the person’sdriver’s license or driving privilege, as provided in s. 322.056.

Section 2. Paragraph (a) of subsection (2) of section 562.45, FloridaStatutes, is amended to read:

562.45 Penalties for violating Beverage Law; local ordinances;prohibiting regulation of certain activities or business transactions;requiring nondiscriminatory treatment; providing exceptions.—

(2)(a) Nothing contained in the Beverage Law shall be construed toaffect or impair the power or right of any county or incorporatedmunicipality of the state to enact ordinances regulating the hours ofbusiness and location of place of business, and prescribing sanitaryregulations therefor, of any licensee under the Beverage Law within thecounty or corporate limits of such municipality. However, except forpremises licensed on or before July 1, 1999, a location for on-premisesconsumption of alcoholic beverages may not be located within 500 feet ofthe real property that comprises a public or private elementary school,


middle school, or secondary school unless the county or municipalityapproves the location as promoting the public health, safety, and generalwelfare of the community under proceedings as provided in s. 125.66(4),for counties, and s. 166.041(3)(c), for municipalities. This restrictionshall not, however, be construed to prohibit the issuance of temporarypermits to certain nonprofit organizations as provided for in s. 561.422.The division may not issue a change in the series of a license or approvea change of a licensee’s location unless the licensee providesdocumentation of proper zoning from the appropriate county ormunicipal zoning authorities.


569.11 Possession, misrepresenting age or military service topurchase, and purchase of tobacco products by persons under 18 yearsof age prohibited; penalties; jurisdiction; disposition of fines.—

(2) It is unlawful for any person under 18 years of age tomisrepresent his or her age or military service for the purpose ofinducing a dealer or an agent or employee of the dealer to sell, give,barter, furnish, or deliver any tobacco product, or to purchase, orattempt to purchase, any tobacco product from a person or a vendingmachine. Any person under 18 years of age who violates a provision ofthis subsection commits a noncriminal violation as provided in s.775.08(3), punishable by:

(a) For a first violation, 16 hours of community service or, instead ofcommunity service, a $25 fine and, in addition, the person must attenda school-approved anti-tobacco program, if available;

(b) For a second violation within 12 weeks of the first violation, a $25fine; or

(c) For a third or subsequent violation within 12 weeks of the firstviolation, the court must direct the Department of Highway Safety andMotor Vehicles to withhold issuance of or suspend or revoke the person’sdriver’s license or driving privilege, as provided in s. 322.056.

Any second or subsequent violation not within the 12-week time periodafter the first violation is punishable as provided for a first violation.

Section 4. This act shall take effect July 1, 1999.



and insert in lieu thereof: An act relating to the prevention of the saleof alcohol and tobacco products to minors; amending s. 562.11, F.S.,relating to the purchase of alcohol by minors; amending s. 562.45, F.S.;providing restrictions on locations for on-premises consumption ofalcoholic beverages; providing an exception for certain temporarypermits; amending s. 569.11, F.S., relating to the purchase of tobaccoproducts by minors; providing an effective date.

Rep. Eggelletion moved the adoption of the amendment.

On motion by Rep. Eggelletion, under Rule 142(h), the following late-filed amendment to the amendment was considered.

Representative(s) Eggelletion, Bitner, and Gay offered the following:

Amendment 1 to Amendment 1—On page 2, line 31, of theamendment

after 1999, insert: and except for locations that are licensed asrestaurants, which derive at least 51 percent of their gross revenues fromthe sale of food and nonalcoholic beverages, pursuant to chapter 509,

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

The question recurred on the adoption of Amendment 1, as amended,which was adopted.


CS/HB 183—A bill to be entitled An act relating to sexual battery;amending s. 775.085, F.S.; reclassifying penalties relating to offensesevidencing prejudice; amending s. 794.023, F.S.; reclassifying penaltiesfor offenses involving multiple perpetrators of sexual battery; providingan effective date.


Representative(s) Fasano offered the following:

Amendment 1 (with title amendment)—On page 2, line 10, afterreclassification

insert: of offenses


On page 1, line 5,remove from the title of the bill: penalties for

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

Representative(s) Fasano offered the following:

Amendment 2—In the title, on page 1, line 2,remove from the bill: sexual battery

and insert in lieu thereof: sentencing

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

On motion by Rep. Fasano, the rules were suspended and CS/HB 183,as amended, was read the third time by title. On passage, the vote was:

Yeas—113

The Chair Crow Jones RobertsAlbright Dennis Kelly RojasAlexander Detert Kilmer RussellAndrews Diaz de la Portilla Kosmas RyanArgenziano Dockery Kyle SandersonArnall Edwards Lacasa SemblerBainter Effman Lawson Smith, C.Ball Farkas Levine Smith, K.Barreiro Feeney Littlefield SobelBense Fiorentino Logan SorensenBetancourt Flanagan Lynn SprattBilirakis Frankel Maygarden StaffordBitner Futch Melvin StanselBloom Garcia Merchant StarksBoyd Gay Miller, J. SuarezBradley Goode Miller, L. SubletteBronson Goodlette Minton TrovillionBrown Gottlieb Morroni TurnbullBrummer Green, C. Murman ValdesBullard Greene, A. Patterson WallaceBush Greenstein Peaden WarnerByrd Hafner Posey Wasserman SchultzCantens Harrington Prieguez WatersCasey Hart Pruitt WilesChestnut Henriquez Putnam WilsonConstantine Heyman Rayson WiseCosgrove Hill ReddickCrady Jacobs RitchieCrist Johnson Ritter

Nays—None

Votes after roll call:Yeas—Fasano

So the bill passed, as amended. On motion by Rep. Fasano, the ruleswere suspended and the bill was immediately certified to the Senateafter engrossment.


Ceremonial Resolutions Calendar

HR 9013—A resolution in memory of the Reverend James W.Stepherson.

WHEREAS, the Reverend James W. Stepherson, a revered andrespected religious and civic leader in the Miami-Dade area, passedaway September 8, 1998, at his North Miami home at the age of 84, and

WHEREAS, James W. Stepherson was born and reared in ruralGeorgia, where he began his career as a minister and married his wife,Effie, and where they raised their sons, James II, Johnny, and Hilton,and daughter, Jeanette, and

WHEREAS, in 1960 Reverend Stepherson, with his wife anddaughter, moved to the Miami-Dade area to become pastor at AntiochMissionary Baptist Church of Brownsville, which he transformed froma wooden shack to a towering church and for which he was pastor until1995 and pastor emeritus for the ensuing 3 years, and

WHEREAS, in addition to establishing his religious leadership,Reverend Stepherson soon displayed his skills as a civic leader,becoming the founding president of P.U.L.S.E., People United to Leadthe Struggle for Equality, which was formed in 1981 to exact fairtreatment for African-Americans at work and in court and which he ledfor 3 years, and

WHEREAS, Reverend Stepherson fought many battles with localemployers to grant African-Americans equal access to jobs, includingthat against Florida Power and Light Company, in which he urgedAfrican-Americans to pay their utility bills with pennies until thecompany’s hiring practices changed, and other equally successful onesagainst Southern Bell, the Dupont Plaza Hotel, and the Miami-DadePolice Department, and

WHEREAS, during the trial of Luis Alvarez, a Miami Police Officerwho shot and killed Nevell Johnson in Overtown in 1982, which led tocivil unrest in that community, Reverend Stepherson and P.U.L.S.E. ledprotests against use of the privilege of peremptory challenge to excludeAfrican-Americans from the jury, a privilege which was eventuallychanged as a result of similar protests nationwide, and

WHEREAS, to the end, Reverend Stepherson directed his efforts toreshaping and improving the community of which he was a part,insisting that it be fair and inclusive, and as a result he affected not onlythe Miami-Dade area but also the entire state, NOW, THEREFORE,

Be It Resolved by the House of Representatives of the State of Florida:

That the House of Representatives honors the Reverend James W.Stepherson, in memoriam, for his religious and civic leadership andextraordinary contributions to the Miami-Dade area and the State ofFlorida.

BE IT FURTHER RESOLVED that a copy of this resolution bepresented to Mrs. Effie Stepherson as a tangible token of the sentimentsexpressed herein.

—was read the second time by title. On motion by Rep. Bush, theresolution was adopted.

HR 9115—A resolution urging the increased education of the citizensof the state with regard to the awareness, prevention, and treatment ofobesity as a major health concern.

WHEREAS, 1996 Behavioral Risk Factor Surveillance Data from thefederal Center for Disease Control and Prevention indicates thepercentage of state populations who are overweight is more than 22percent, and

WHEREAS, the prevalence of obesity in the adult population hasgrown a shocking 34 percent during the past ten years, and

WHEREAS, a causal relationship exists between obesity and anumber of serious disorders, including hypertension, dyslipidemia,cardiovascular disease, diabetes (Type II), gall bladder disease,respiratory dysfunction, gout, and osteoarthritis, and

WHEREAS, the National Institute of Diabetes and Digestive andKidney Diseases provided information which indicates that nearly 80percent of patients with diabetes mellitus are obese and the incidenceof symptomatic gallstones soars as a person’s body mass index increasesbeyond a certain level, and

WHEREAS, the information also reveals that nearly 70 percent ofdiagnosed cases of cardiovascular disease are related to obesity, obesitymore than doubles a person’s chances of developing high blood pressure,almost half of breast cancer cases are diagnosed among obese women,and 42 percent of colon cancer cases are among obese individuals, and

WHEREAS, obesity ranks second only to smoking as a preventablecause of death and results in some three hundred thousand deathsannually, and

WHEREAS, a 1997 study by Kaiser Permanente indicates that thetotal direct cost of obesity-related diseases in the United States in 1990was $45.8 billion, and

WHEREAS, the study concluded that there is a significant potentialfor a reduction in health care expenditures through obesity preventionefforts, and

WHEREAS, there is an urgent need for state health care groups andmedical societies to place obesity at the top of their state’s health careagenda, and

WHEREAS, many physicians do not treat obesity because theymistakenly believe there is no treatment for it, and

WHEREAS, the National Institutes of Health, the American Societyfor Bariatric Surgery, and the American Obesity Associationrecommend that patients who are morbidly obese receive responsible,affordable medical treatment for their obesity, and

WHEREAS, recent breakthroughs in drug therapy can treat obesitysuccessfully, and

WHEREAS, the New England Journal of Medicine recentlyemphasized the legitimate use of pharmacotherapy as a component oftreatment of medically significant obesity, and

WHEREAS, there is also great concern regarding what effect obesityin children may have on overall health in children, health care costs forchildren, and treatment modalities to address the problem of obesity inchildren, and

WHEREAS, it is of critical importance to raise the awareness of thepublic and private sectors to the fact that obesity is a disease of epidemicproportions that is treatable, and that proper treatment will reducehealth care costs and improve the quality of life for a large number of ourcitizens, NOW, THEREFORE,


That the State of Florida shall endeavor to increase public awarenessamong the citizens of the State of Florida with regard to the awareness,prevention, and treatment of obesity as a major health concern.

—was read the second time by title. On motion by Rep. Kelly, theresolution was adopted.

HR 9117—A resolution commending Cornelia “Corky” Dozier foroutstanding accomplishments and public service.

WHEREAS, Cornelia “Corky” Dozier is a black educator with anM.F.A. in theater and 30 years of professional theater experience whohas dedicated her many talents to enriching her community througharts and education, and

WHEREAS, as founder and director of the Coconut Grove Children’sTheater, Miss Dozier has offered more than 300 young people, ages 3through 17 years, the opportunity to share their talents with over 40,000children per year through plays, concerts, theater, seminars, festivals,and television, and


WHEREAS, this year, Miss Dozier is celebrating her 25th year ofworking in theater for youth, with a focus on developing self-esteem,confidence, and communications skills and encouraging social changefor youth, and

WHEREAS, in addition, Miss Dozier is celebrating her 30th year asa community leader dedicated to social change, multicultural education,and intercultural communication, and

WHEREAS, Miss Dozier has established and promoted programs inmulticultural education and the arts on local, state, and national levels,and has received numerous awards and honors for her endeavors, all ofwhich she feels have come to her through children and through art, and

WHEREAS, the State of Florida owes a debt of gratitude tocommunity leaders such as Miss Dozier who are dedicated to buildingbetter community relations and encouraging the talents of youth, NOW,THEREFORE,


That the Florida House of Representatives hereby commendsCornelia “Corky” Dozier for her outstanding accomplishments in theaterfor youth and pays tribute to her years of public service as a leader inmulticultural education and intercultural communication.

BE IT FURTHER RESOLVED that a copy of this resolution bepresented to Cornelia “Corky” Dozier as a tangible token of thesentiments expressed herein.

—was read the second time by title. On motion by Rep. Bullard, theresolution was adopted.

HR 9119—A resolution recognizing Tuesday, April 13, 1999, as “StopDay” in Florida.

WHEREAS, violence in America’s schools threatens the core of theeducational process and deprives students and teachers of theopportunity to learn and teach without the constant presence of fear,and

WHEREAS, “Stop Day” is intended to bring awareness to and focuson the growing epidemic of student violence and to offer students anopportunity for self-improvement by rallying the cry against school-related crime, and

WHEREAS, students are encouraged to recite the “Stop Day” pledge,which states. “I pledge to be nonviolent and to respect my fellowclassmates. I will report crime or acts of violence to appropriate officialsor call crime stoppers to report incidents anonymously. I will not let theactions of a few make my school dangerous or unsafe. I want a safelearning environment and will work with my fellow students to make itso!”, and

WHEREAS, “Stop Day” participants are encouraged to show theirsupport by developing anti-violence community service projects, invitinglegal professionals to speak to student groups, conducting open-endedskits which allow student observers to predict the outcome based uponreal life choices, developing a process that makes it cool to report schoolcrime or violence, and/or conducting mock trials, and

WHEREAS, “Stop Day” will give every student in the State of Floridaan opportunity to evaluate this critical issue and assess his or her rolein preventing these unnecessary incidences of crime in order to breakthis vicious cycle of violence, NOW, THEREFORE,


That the House of Representatives pauses in its deliberations torecognize Tuesday, April 13, 1999, as “Stop Day” in the FloridaLegislature.

—was read the second time by title. On motion by Rep. Wilson, theresolution was adopted.

HR 9135—A resolution recognizing April 8, 1999, as “Just Read Day”in Florida.

WHEREAS, no skill is more vital to success in school and in life thanthe ability to read, and

WHEREAS, the ability to read opens a wide range of careeropportunities and is ultimately the cornerstone to lifelong learning, and

WHEREAS, books, music, and knowledge of other languages helpbuild a geographical and international bridge among people, and

WHEREAS, reading is so crucial to education that school boardsthroughout the State of Florida are required to implementcomprehensive reading programs with “benchmarks” for studentperformance at each grade level that reflect Sunshine State Standardsfor reading and literature, and

WHEREAS, achieving these goals and benchmarks will help ensurethat every child reads at or above grade level, and

WHEREAS, we have passed the point in American education whereone institution can shoulder the entire task of educating our youthwithout parent and community involvement, and

WHEREAS, there is no greater task than providing students with thenecessary skills to read proficiently for success, for recreation, and forlifelong learning, and

WHEREAS, for these very important reasons, every school district inthe State of Florida is being called upon to actively seek student, parent,and community involvement in the effort to ensure a child’s ability toread, NOW, THEREFORE,


That the House of Representatives pauses in its deliberations torecognize Thursday, April 8, 1999, as “Just Read Day.”

—was read the second time by title. On motion by Rep. Bloom, theresolution was adopted.

HR 9137—A resolution recognizing April 7th and 8th as “Miami-DadeCounty Days” in Tallahassee.

WHEREAS, in 1836, the Florida Legislative Council created DadeCounty, naming it after Major Francis Langhorn Dade, who hadrecently been killed by Seminole Indians, and

WHEREAS, by 1896, Henry Flagler had extended his railroad southto Miami and built the Royal Palm Hotel at the mouth of the MiamiRiver, and the City of Miami was incorporated with 368 voters, and

WHEREAS, in 1957, the voters of Dade County approved the HomeRule Charter, which allowed the formation of a form of government forDade County as it exists today, and

WHEREAS, in 1997, the voters of Dade County approved the changeof name of the county to Miami-Dade County, and the Board of CountyCommissioners implemented that change by ordinance, and

WHEREAS, Miami-Dade County encompasses more than 2,000square miles and currently has a population that exceeds 2 million, and

WHEREAS, the Legislature recognizes Miami-Dade County for itshistory of cultural richness and diversity and for its contribution to thestate’s economy, NOW, THEREFORE,


That April 7th and 8th are recognized as “Miami-Dade County Days.”

—was read the second time by title. On motion by Rep. Cosgrove, theresolution was adopted.

HR 9125—A resolution designating Tuesday, April 13, 1999, as the“International Day of Remembrance,” known as Yom Hashoah.

WHEREAS, the year 1999 marks the fifty-fourth anniversary of thevictories of the United States Armed Forces and the Allies over theGerman National Socialists regime, ending the war in Europe duringWorld War II, and


WHEREAS, this great military victory brought the liberation of theNazi concentration camps and the end of the Holocaust, during whichNazi Germany conducted the planned systematic annihilation ofEuropean Jews and other groups, and

WHEREAS, the war-hardened United States soldiers not onlyliberated the Nazi concentration camps, but also extended their tendercompassion and generosity to those few survivors of these camps, and

WHEREAS, Americans recognize that each individual citizen isresponsible for eternal vigilance against all tyranny and for speakingout against such tyranny, and

WHEREAS, in 1994 the Florida Legislature mandated that thehistory of the Holocaust be taught in public schools, in a manner thatleads to an investigation of human behavior, an understanding of theramifications of prejudice, racism, and stereotyping, and anexamination of what it means to be a responsible and respectful person,for the purposes of encouraging tolerance of diversity in a pluralisticsociety and nurturing and protecting democratic values andinstitutions, and

WHEREAS, under federal law, the United States Holocaust MemorialMuseum designated Tuesday, April 13, 1999, as the “International Dayof Remembrance,” known as Yom Hashoah, NOW, THEREFORE,


That the citizens of the state are encouraged to observe the Day ofRemembrance of the Victims of the Holocaust, and Yom Hashoah, inmemory of the victims and survivors of the Holocaust and theirliberators.

—was read the second time by title. On motion by Rep. Levine, theresolution was adopted.

On motion by Rep. Levine, the board was opened and the followingMembers were recorded as cosponsors of the resolution, along with Rep.Levine: Reps. Albright, Alexander, Andrews, Argenziano, Arnall,Bainter, Ball, Barreiro, Bense, Betancourt, Bilirakis, Bitner, Bloom,Boyd, Bradley, Bronson, Brown, Brummer, Bullard, Bush, Byrd,Cantens, Casey, Chestnut, Cosgrove, Crady, Crist, Dennis, Detert, Diazde la Portilla, Edwards, Effman, Eggelletion, Fasano, Feeney,Fiorentino, Flanagan, Frankel, Futch, Garcia, Gay, Goodlette, Gottlieb,C. Green, A. Greene, Greenstein, Hafner, Harrington, Hart, Healey,Henriquez, Heyman, Hill, Jacobs, Johnson, Jones, Kilmer, Kosmas,Kyle, Lacasa, Lawson, Littlefield, Logan, Lynn, Maygarden, Melvin,Merchant, J. Miller, L. Miller, Minton, Murman, Patterson, Peaden,Posey, Prieguez, Pruitt, Putnam, Rayson, Reddick, Ritchie, Ritter,Roberts, Russell, Ryan, Sanderson, Sembler, C. Smith, K. Smith, Sobel,Sorensen, Spratt, Stafford, Stansel, Starks, Suarez, Sublette, Thrasher,Trovillion, Turnbull, Valdes, Villalobos, Wallace, Warner, WassermanSchultz, Waters, Wiles, Wilson, and Wise.

Messages from the Senate


I am directed to inform the House of Representatives that the Senatehas passed CS/CS/HB 19 and HB 67.


The above bills were ordered enrolled.

Motion to Adjourn

Rep. Arnall moved that the House adjourn for the purpose of holdingcommittee meetings and conducting other House business, to reconveneat 9:50 a.m., Tuesday, April 13. The motion was agreed to.

Recorded Votes

Rep. Effman:

Yea—Amendment 58 to CS/HBs 751, 753 & 755; Prefile Amendment22 to HB 1789

Prime Sponsors HB 91—PruittCS/HB 381—BilirakisHB 663—RobertsHB 745—Cantens, Garcia, Valdes, VillalobosHB 1765—Constantine

Cosponsors CS/CS/HB 9—Diaz de la Portilla, LevineHB 85—BloomHB 99—Bitner, Brown, Detert, Farkas, Harrington, WatersHB 229—Goode, KellyCS/HB 261—FiorentinoHB 299—Reddick, TrovillionHB 333—Frankel, Gottlieb, Lacasa, Murman, RitterHB 341—Bush, TurnbullHB 347—RitchieCS/HB 361—KellyCS/HB 383—Putnam, SprattHB 385—ReddickHB 387—BenseHB 411—StaffordCS/HB 425—Kelly, VillalobosHB 521—ChestnutHB 581—LevineHB 623—SprattHB 641—GoodletteHB 663—A. GreeneHB 695—GreensteinHB 763—LynnHB 855—LevineHB 873—LevineHB 935—LevineHB 949—Crow, Farkas, Morroni, WatersHB 975—Kosmas, Putnam, SprattHB 993—PoseyHB 1411—Bense, Betancourt, Flanagan, Lawson, J. Miller, PutnamHB 1525—PutnamHB 1631—HeymanHB 1673—FiorentinoHB 1693—MaygardenHB 1719—MurmanHB 1737—BloomHB 1745—Argenziano, Fiorentino, KosmasHB 1765—PutnamHB 1775—J. MillerHB 1885—PutnamHB 1931—FarkasHB 1933—FarkasHB 1937—GoodeHB 1967—Reddick, C. SmithHB 1971—Ball, Bense, Byrd, Detert, Dockery, L. Miller, Peaden,

Putnam

Introduction and Reference

By the Committee on Family Law & Children; RepresentativesRoberts, Brown, Effman, and Detert—

HB 2149—A bill to be entitled An act relating to child support;amending s. 61.052, F.S.; requiring additional information on childrenof the marriage and parties to a dissolution of marriage; amending s.61.13, F.S.; requiring certain identifying information for each minorthat is the subject of a child support order; amending s. 61.1301, F.S.;clarifying that child support payments paid through income deductionshall be made to the State Disbursement Unit; amending s. 61.13016,F.S.; providing a time certain for delinquency in payment which mayresult in suspension of driver’s licenses and motor vehicle registrations;amending s. 61.14, F.S.; deleting requirement that a certified copy of thesupport order accompany a certified statement of delinquent support


payments; amending s. 61.181, F.S.; providing for collection of a servicecharge on certain payments processed by the State Disbursement Unit;amending s. 61.1824, F.S.; clarifying that support payments shall bepaid to the State Disbursement Unit; amending s. 61.1825, F.S.;providing conditions for placing a family violence indicator on a recordin the State Case Registry; amending s. 61.1826, F.S.; revising penaltyfor default of a depository; providing for notice; deleting a report;amending s. 409.2558, F.S.; providing for review of distributions anddisbursements of child support payments; providing for recovery ofoverpayments; providing for rules; amending s. 409.2561, F.S.; revisingprovisions relating to child support obligations when public assistanceis paid; deleting provisions relating to a cooperative agreement betweenthe executive director of the Department of Revenue and the InsuranceCommissioner; amending s. 409.2564, F.S.; revising provisions relatingto subpoenas for information necessary to establish, modify, or enforcea child support order; providing for challenge of subpoenas; providing anadministrative fine; providing for enforcement and award of costs andfees; providing for disposition of fines collected; providing for expeditedprocedures for redirecting child support payments to relativecaretakers; amending s. 409.25641, F.S.; revising provisions relating toautomated administrative enforcement requests; amending s.409.25656, F.S.; providing time frame for an obligor’s consent to a levyfor past due child support; amending s. 409.25657, F.S.; revisingprocedures and requirements with respect to data exchanges withfinancial institutions for child support enforcement; amending s.409.2577, F.S.; deleting duplicate language; amending s. 741.04, F.S.;modifying requirement that a social security number or otherdocumentation be given prior to issuance of a marriage license;providing for reimbursement to certain counties from the Clerk of theCourt Child Support Enforcement Collection System Trust Fund;providing appropriations; providing effective dates.

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

Referred to the Committee(s) on Judiciary and General GovernmentAppropriations.

By the Committee on Environmental Protection; RepresentativeDockery—

HB 2151—A bill to be entitled An act relating to petroleumcontamination site rehabilitation; amending s. 376.3071, F.S.; revisingauthority and procedures relating to source removal and site cleanupactivities funded from the Inland Protection Trust Fund; providing anannual funding limitation for certain source removal activities;providing a time limit for negotiation of site rehabilitation and cost-sharing agreements; authorizing the Department of EnvironmentalProtection to terminate negotiations and revoke funding eligibility andliability protections, if time limits are not met; eliminating fundingineligibility for persons who knowingly acquire title to contaminatedproperty; amending s. 376.30711, F.S.; requiring the department toselect five sites for restoration funding under an innovative technologypilot program; providing selection criteria; providing for use of certaininnovative products and processes, based on competitive bid; amendings. 376.30713, F.S.; removing repeal of the preapproved advancedcleanup program; rescheduling legislative review; creating s. 376.30714,F.S.; authorizing the department to negotiate site rehabilitationagreements at certain sites with new discharges; providing legislativefindings; providing definitions; providing application procedures;providing for apportionment of funding responsibilities; specifyingexcluded new discharges; providing negotiation procedures andtimeframe; providing liability protections covered by such agreements;providing retroactive effect of the section; providing an effective date.


Referred to the Committee(s) on Governmental Rules & Regulationsand General Government Appropriations.

By Representative Barreiro—

HB 2153—A bill to be entitled An act relating to public records andmeetings; amending s. 235.054, F.S.; providing that contracts for the

purchase and sale of real property for educational purposes by schoolboards must be considered and approved by the boards in a publicmeeting; allowing the board, the superintendent, and appropriate staffto meet in executive session to discuss pending negotiations concerningthe proposed acquisition of real property if specified conditions are met;providing that such sessions and summaries of the recordings of suchmeetings are confidential and exempt from the public records law;providing for future review and repeal; providing a statement of publicnecessity; providing an effective date.


Referred to the Committee(s) on Governmental Operations,Community Affairs, and Judiciary.

By Representative Bullard—

HB 2155—A bill to be entitled An act relating to juveniles; amendings. 39.013, F.S.; providing for circuit court jurisdiction in dependencyproceedings until the child reaches a specified age; providing for anannual review during the time a child remains in the custody of or underthe supervision of the Department of Children and Family Services;amending s. 409.145, F.S.; deleting a requirement that foster careservices be terminated upon a child’s leaving an educational program;providing an effective date.


Referred to the Committee(s) on Juvenile Justice, Judiciary, andCriminal Justice Appropriations.

By Representative Goodlette—

HB 2157—A bill to be entitled An act relating to the Special DisabilityTrust Fund Privatization Commission; amending s. 440.49, F.S.;deleting a prohibition against certain contractors from being affiliatedor entering into certain agreements together; providing an effectivedate.


Referred to the Committee(s) on Finance & Taxation.

By Representative Kosmas—

HB 2159—A bill to be entitled An act relating to safety standards forpublic health care employees; providing definitions; requiring that theDepartment of Health adopt a blood-borne-pathogen standard for publicemployees; requiring the use of needleless systems and sharps withengineered sharps injury protection; requiring that incidents ofexposure be recorded in a sharps injury log; specifying the informationto be included in the sharps injury log; authorizing the Department ofHealth to include additional requirements as part of the blood-borne-pathogen standard; requiring that the department compile a list ofneedleless systems and sharps with engineered sharps injury protectionto assist employers in complying with the department’s standard;providing an effective date.


Referred to the Committee(s) on Health Care Services and Health &Human Services Appropriations.

By the Committee on Corrections; Representative Trovillion—

HB 2161—A bill to be entitled An act relating to the state correctionalsystem; amending s. 20.315, F.S., relating to the organization of theDepartment of Corrections; revising language related to provision ofprograms; ensuring that the rights of crime victims are met; authorizingthe secretary to appoint assistant secretaries, directors, and other staffnecessary to accomplish the mission and goals of the department;designating specific areas of program responsibility with operationaloversight or direct management and supervision; requiring thedepartment to plan and administer community corrections and securityand institutional operations through regions; deleting reference to aspecific number and configuration of regions; deleting reference to


regional directors and the appointment of division directors; deletingreference to specific offices within regions; deleting reference to fourdistrict budget entities for the purpose of submitting a legislative budgetrequest; authorizing the department to transfer, as necessary, fundsamong budget entities as designated by the Executive Office of theGovernor; deleting reference to regional budget requests; amending s.944.10, F.S.; relating to contracts to provide inmate labor and servicesfor certain projects; limiting the authority of the department to contractwith governmental entities for only the provision of site acquisition orpreparation, management, or construction of such projects; amending s.944.31, F.S.; removing the responsibility for inmate grievances from theoffice of the inspector general; amending s. 944.331, F.S.; requiring theoffice of general counsel to be responsible for oversight of inmategrievance procedures; amending s. 944.40, F.S.; prohibiting escape orattempted escape by inmates in private correctional facilities undercontract with the state, a county, or a municipality; providing penalties;creating s. 944.8031, F.S.; relating to inmate’s family visitation servicesand programs; providing legislative intent; requiring the department toprovide certain minimum services and programs for persons visitinginmates; requiring the secretary to submit legislative budget requestsnecessary to improve the quality and frequency of family visits andimprove visitation services and programs; amending s. 945.215, F.S.,relating to the Inmate Welfare Trust Fund; requiring such funds to beused for visitation and family programs and services; requiring fundsfrom vending machines used by visitors to go into the fund; transferringthe contract for the Gadsden Correctional Institution from theDepartment of Corrections to the Correctional PrivatizationCommission; requiring the department to conduct a study onperformance-based program budgeting issues in collaboration with theOffice of Program Policy Analysis and Government Accountability andstaff from the Senate and the House of Representatives; requiring thedepartment to submit a report by October 1, 1999; requiring theStatutory Revision Division of the Office of Legislative Services tochange the term “superintendent” to the term “warden” in numeroussections of Florida Statutes related to the Department of Corrections;providing an effective date.


Referred to the Committee(s) on Governmental Operations andGeneral Government Appropriations.

By the Committee on Election Reform; Representative Flanagan—

HB 2163—A bill to be entitled An act relating to judicial selection;amending s. 34.021, F.S.; authorizing retention of county court judges;amending s. 105.031, F.S.; providing requirements to qualify for electionor retention to judicial office; amending s. 105.041, F.S.; providing formof ballot for retention votes on county and circuit court judges; amendings. 105.051, F.S.; providing for determination of retention for county andcircuit court judges; amending s. 105.061, F.S.; authorizing electors tovote for retention of circuit and county court judges; amending s. 105.08,F.S.; providing for campaign contribution and expense reporting forcircuit and county court judges subject to vote of retention; amending s.106.011, F.S.; redefining the term “unopposed candidate”; amending s.106.08, F.S.; providing contribution limits for election and retention ofcircuit and county court judges; providing penalties; providing forpetitions and certification of ballot position; establishing deadlines;amending s. 101.161, F.S.; placing the issue of the method of selectionof judges on the general election ballot in the year 2000; establishingmanner for placing judicial selection initiatives on subsequent generalelection ballots; providing ballot language; providing for impact onsitting judges; repealing s. 25.021, F.S.; deleting terms of electedSupreme Court justices; amending s. 35.06, F.S.; deleting terms ofelected district court of appeal judges; amending s. 101.151, F.S.;conforming provisions; providing an effective date.


Referred to the Calendar of the House.

By the Committee on Family Law & Children; RepresentativesRoberts, Brown, Effman, Detert, and Wallace—

HB 2165—A bill to be entitled An act relating to child support;amending s. 61.046, F.S.; providing a definition; amending s. 61.30, F.S.;

providing definitions; revising requirements for determination andadjustment of a child support obligation; revising factors to beconsidered in justifying deviations; providing a presumption regardingan adult parent’s ability to work; revising allowable deductions fromgross income; providing deduction for direct payment, rather thanprepayment, of child care costs; providing responsibility for healthinsurance costs and noncovered medical costs; requiring court review ofa child support obligation arrived at through a settlement agreement;amending ss. 61.13, 61.14, 409.2564, 741.0306, and 794.05, F.S.;clarifying and conforming language and references; creating the ChildSupport Study Commission; providing membership and organization;providing for reimbursement of expenses; providing for administrativesupport and assistance by the Office of the State Courts Administrator;providing duties of the commission; requiring a report; providing anappropriation; providing an effective date.


Referred to the Committee(s) on Governmental Operations andGeneral Government Appropriations.


HB 2167—A bill to be entitled An act relating to Collier County;amending s. 3, chapter 89-449, Laws of Florida; providing an exceptionto specified offenses committed within the boundaries of any countypark, county operated parking facilities, public beaches, beach accessareas adjacent to any county park, and public areas immediatelyadjacent to county parks; revising the prohibited offenses for whichcounty park enforcement officers are empowered to issue citations;prohibiting the carrying, possession, or consumption of alcoholicbeverages in any park building or other structure; providing anexception; prohibiting the attachment of advertisements to trees or anyother tangible personal property within areas to which the act isapplicable; providing an exception to the prohibition on the building offires within areas to which the act is applicable; prohibiting thepossession, carrying, or transporting of any glass bottle or container outof doors in any county park; revising provisions which prohibit themaltreatment or transport of described species of wildlife; providing anexception; providing an effective date.

Proof of publication of the required notice was attached.


Referred to the Committee(s) on Community Affairs.


HB 2169—A bill to be entitled An act relating to real estate brokersand salespersons; amending s. 475.011, F.S.; providing an exemptionfrom regulation under pt. I, ch. 475, F.S., relating to real estate brokers,salespersons, and schools, for any federally registered securities dealer,or any federally insured depository institution and any parent,subsidiary, or affiliate thereof, in connection with the sale, exchange,purchase, or rental of a business enterprise to or by an accreditedinvestor; providing an effective date.


Referred to the Committee(s) on Financial Services and BusinessRegulation & Consumer Affairs.

By the Committee on Real Property & Probate; RepresentativeGoodlette—

HB 2171—A bill to be entitled An act relating to condominiumassociations; amending s. 718.102, F.S.; providing an additional purposeof ch. 718, F.S.; amending s. 718.103, F.S.; revising definitions;providing an additional definition; amending s. 718.104, F.S.; providingadditional requirements for a declaration of condominium; providing fordetermining the percentage share of liability for common expenses andownership; amending s. 718.106, F.S.; providing for the right to assignexclusive use; providing for the right to seek election; amending s.718.110, F.S.; clarifying requirements for amending and recording the


declaration of condominium; providing for determining the percentageshare of liability for common expenses and ownership for purposes ofcondominiums comprising a multicondominium development; amendings. 718.111, F.S.; providing additional mailing requirements andadditional penalties for denying access to certain records; clarifying anattorney-client privilege; revising requirements for financial reports;requiring the disclosure of reserves; revising requirements for financialstatements; requiring the disclosure of revenues and common expenses;revising certain limitations on the commingling of funds maintained inthe name of a condominium association or multicondominium;amending s. 718.112, F.S.; revising requirements for budget meetings;providing conditions under which a multicondominium association maywaive or reduce its funding of reserves; amending s. 718.113, F.S.;providing certain limitations on making material alterations oradditions to multicondominiums; providing a procedure for approvingan alteration or addition if not provided for in the bylaws; revisingrequirements for condominium boards with respect to installing andmaintaining hurricane shutters; specifying expenses that constitutecommon expenses of a multicondominium association; providing for anassociation’s bylaws to allow certain educational expenses of the officersor directors to be a permitted common expense; amending s. 718.115,F.S.; providing for determining the common surplus owned by a unitowner of a multicondominium; amending s. 718.116, F.S.; revisingcircumstances under which a developer may be excused from payingcertain common expenses and assessments; providing for thedeveloper’s obligation for such expenses with respect to amulticondominium association; amending s. 718.117, F.S.; providingthat certain requirements governing the termination of a condominiumare inapplicable to the merger of a condominium with one or more othercondominiums; creating s. 718.405, F.S.; providing for the creation ofmulticondominiums; providing requirements for the declaration ofcondominium; providing for the merger or consolidation of condominiumassociations; amending s. 718.5019, F.S.; providing for a member’scontinued service until a replacement has been appointed; amending s.718.504, F.S.; providing requirements for the prospectus or offeringcircular for a condominium that is or may become part of amulticondominium; amending s. 624.462, F.S., relating to self-insurancefunds; conforming a cross-reference to changes made by the act;requiring the Department of Business and Professional Regulation toprepare proposed legislation addressing master condominiumassociations; providing criteria; providing an effective date.


By Representative Greenstein—

HB 2173—A bill to be entitled An act relating to dietetics andnutrition practice; revising part X of chapter 468, F.S., relating todietetics and nutrition practice, to revise terminology and includeregulatory provisions for clinical nutrition practice; amending s.468.501, F.S.; revising the short title; amending s. 468.502, F.S.;revising purpose and intent; amending s. 468.503, F.S.; revising andproviding definitions; amending s. 468.504, F.S., relating to therequirement to be licensed, to conform; amending s. 468.505, F.S.;revising and providing exemptions from regulation; correcting a crossreference; amending s. 468.506, F.S.; renaming the Dietetics andNutrition Practice Council; creating the Clinical Nutrition PracticeCouncil; providing for appointment of members; providing powers andduties; providing for compensation; reenacting s. 468.507, F.S., toprovide rulemaking authority to the Board of Medicine for suchregulation; reenacting and amending s. 468.508, F.S.; providingrulemaking authority to the board to establish fees; clarifying a fee;amending s. 468.509, F.S.; conforming terminology; amending s. 468.51,F.S.; providing requirements for licensure as a clinical nutritionist;providing for fees; providing for relicensure of nutrition counselors asclinical nutritionists; amending s. 468.511, F.S., relating to temporarypermits to practice dietetics and nutrition, to conform; creating s.468.5115, F.S.; providing requirements for a temporary permit topractice clinical nutrition; amending s. 468.512, F.S.; authorizing theuse of specified titles relating to dietetics/nutrition practice and clinicalnutrition practice; amending s. 468.513, F.S.; conforming terminology;creating s. 468.5135, F.S.; providing requirements for licensure as a

clinical nutritionist by endorsement; providing for fees; amending s.468.514, F.S.; conforming terminology; reenacting and amending s.468.515, F.S.; granting the board rulemaking authority relating toinactive licenses and the requirements to reactivate them, includingcontinuing education; conforming terminology; amending s. 468.517,F.S.; prohibiting certain acts; providing a penalty; amending s. 468.518,F.S.; providing grounds for disciplinary action; providing penalties;requiring council concurrence for the suspension or revocation of alicensee under its jurisdiction; amending s. 20.43, F.S.; conformingterminology; amending ss. 501.0573 and 501.0575, F.S.; correcting crossreferences; amending ss. 627.6408 and 627.65745, F.S.; providing thathealth insurance policies may require that nutrition counselingrequired in conjunction with other diabetes treatment services beprovided by a licensed dietitian/nutritionist or licensed clinicalnutritionist; providing an effective date.


By the Committee on Claims; Representatives Rayson, Suarez, andHill—

HB 2175—A bill to be entitled An act relating to St. Johns County;providing for the relief of William D. Mock and Susan G. Mock;providing for an appropriation to compensate them for injuriessustained as a result of the negligence of St. Johns County; providing aneffective date.



By the Committee on Claims; Representatives Rayson, Suarez, andHill—

HB 2177—A bill to be entitled An act relating to Palm Beach County;providing for the relief of Elizabeth Menendez; providing for anappropriation to compensate Elizabeth Menendez for injuries anddamages sustained as a result of the negligence of the Palm BeachCounty Sheriff’s Department; providing an effective date.



By the Committee on Claims; Representatives Cantens, Rayson,Suarez, and Hill—

HB 2179—A bill to be entitled An act relating to Miami-Dade County;providing for the relief of Frank J. Ruck, Jr., and Marlene G. Ruck,individually and as Personal Representatives of the Estate ofChristopher F. Ruck; providing for an appropriation to compensatethem for the death of Christopher F. Ruck as a result of the negligenceof Miami-Dade County; providing an effective date.



By the Committee on Community Affairs; Representative Gay—

HB 2181—A bill to be entitled An act relating to special districts;amending s. 189.4031, F.S.; providing that community developmentdistricts established pursuant to ch. 190, F.S., shall be deemed incompliance with certain charter requirements; amending s. 189.405,F.S.; requiring newly elected or appointed special district boardmembers to complete an educational course conducted by the FloridaAssociation of Special Districts and providing requirements with respectthereto; providing requirements with respect to fees; amending s.189.412, F.S.; providing that the Special District Information Programmay assist with the association’s annual conference; amending s.190.004, F.S.; specifying requirements for the charter of a communitydevelopment district; amending s. 190.005, F.S.; providing requirementsfor the petition to reestablish an existing special district as a communitydevelopment district; revising language with respect to establishment ofsuch districts; amending ss. 190.006 and 190.011, F.S.; revisingrequirements relating to the date of the election for the board of


supervisors of such districts; revising requirements relating to thelocation of the office of such a district; authorizing the holding ofmeetings at such office for certain districts; amending s. 190.009, F.S.;revising requirements relating to provision of the disclosure of publicfinancing by such districts to prospective purchasers of real property;amending s. 190.012, F.S.; revising and expanding the powers of suchdistricts; amending s. 190.021, F.S.; specifying the status of specialassessments imposed by such districts; specifying that suchassessments constitute a lien against the property; providing forcollection thereof and tax collectors’ compensation; amending s. 190.022,F.S.; revising requirements relating to special assessments forconstruction, acquisition, or maintenance of district facilities; amendings. 190.033, F.S.; revising bid requirements for the purchase of goods andthe construction or improvement of public works and for contracts formaintenance services; amending s. 190.046, F.S.; revising requirementsrelating to consent to a change in the boundaries of such districts andlimitations on such boundary changes; amending s. 190.048, F.S.;revising requirements relating to the required disclosure to purchasersof real estate within a district; creating s. 190.0485, F.S.; requiring suchdistricts to record a notice of establishment; providing for application toexisting districts; amending s. 190.049, F.S.; providing an exception tothe prohibition against special laws or general laws of local applicationcreating an independent special district having two or more of acommunity development district’s special powers enumerated in s.190.012, F.S.; providing an effective date.


By the Committee on Business Development & International Trade;Representatives Bradley, Ritchie, Hart, Wallace, Sanderson,Betancourt, Prieguez, Russell, and Reddick—

HB 2183—A bill to be entitled An act relating to economicdevelopment; amending s. 14.2015, F.S.; specifying the programs andfunds that the Office of Tourism, Trade, and Economic Development isauthorized to administer; authorizing the office to expend interestearned from certain trust fund investments for program administration;specifying the duties in connection with which the office may enter intocontracts; creating the Office of Urban Opportunity within the Office ofTourism, Trade, and Economic Development and providing its duties;creating s. 14.2019, F.S.; creating the Florida Trade Council within theExecutive Office of the Governor; providing for its membership andpowers; providing for per diem and travel expenses; directing the councilto develop a comprehensive strategic plan and allocate resources toactivities and programs that incorporate plan strategies; providing foran executive director and staff; amending s. 288.095, F.S.; revisingprovisions relating to tax refunds paid from the Economic DevelopmentIncentive Account; providing a limitation; amending s. 288.1045, F.S.,relating to the qualified defense contractor tax refund program;replacing references to the Department of Commerce and the Divisionof Economic Development with the Office of Tourism, Trade, andEconomic Development, and references to the Secretary of Commercewith the director of the office; revising provisions relating to thelimitation on such refunds; extending the expiration date forcertification for such refunds; amending s. 288.106, F.S., relating to thetax refund program for qualified target industry businesses; providingfor determination of number of employees for businesses registered asa statewide reporting unit; revising requirements to qualify as anexpansion of an existing business or a rural county; revising the countiesto which the local financial support exemption option applies; revisingrequirements for determining the amount of tax refund payments;revising the limitations on refunds for projects located in an enterprisezone, rural county, or rural city; authorizing acceptance of a letter froman authorized local economic development agency prior to passage of therequired resolution by the local government; authorizing reduction ofcertain employment requirements for an expanding business in a ruralcity or county or enterprise zone under certain conditions; revisingrequirements relating to application approval; authorizing certificationof less than allowable refunds under certain conditions; revisingrequirements relating to the tax refund agreement; authorizinginclusion of the value of county or municipal land conveyed to a businessin the required local financial support; authorizing the office to contract

with Enterprise Florida, Inc., for certain administrative duties;amending s. 288.107, F.S.; correcting a reference; creating the Instituteon Urban Policy and Commerce at Florida Agricultural and MechanicalUniversity and providing its purposes and duties; providing for theestablishment of regional urban centers; requiring annual reports bythe institute and the Governor; providing legislative findings withrespect to attracting certain high-impact business facilities to the state;creating the Florida Economic Opportunities Incentive Fund within theOffice of Tourism, Trade, and Economic Development and providing fortransfer of certain funds thereto; directing Enterprise Florida, Inc., toevaluate proposals for use of funds for such facilities and makerecommendations to the office; requiring approval by the Governor;providing for a contract between the director of the office and anapproved business with respect to payment of such funds; requiringEnterprise Florida, Inc., to validate contractor performance; requiringa report; providing legislative findings with respect to the economichealth of small communities; providing conditions for determining whena state of economic emergency exists in a community; providing fornotification by a local government entity to the Governor, the office, andEnterprise Florida, Inc., when such conditions exist; authorizing theGovernor to waive eligibility criteria for certain programs or activitiesand take other action to resolve the economic emergency; providingeffective dates.


By the Committee on Judiciary; Representatives Byrd, Levine, andSobel—

HB 2185—A bill to be entitled An act relating to medical negligenceactions; amending s. 766.102, F.S.; providing requirements for expertwitness testimony in actions based on medical negligence; providing adefinition; amending s. 766.106, F.S.; providing requirements withrespect to notice before filing action for medical malpractice; regulatingunsworn statements of treating physicians; amending s. 766.207, F.S.;revising language with respect to voluntary binding arbitration ofmedical malpractice claims; providing for the effect of an offer to submitto voluntary binding arbitration with respect to allegations contained inthe claimant’s notice of intent letter; amending s. 455.667, F.S.;permitting unsworn statements of treating physicians without writtenauthorization; providing effective dates.


By the Committee on Crime & Punishment; Representative Ball—

HB 2187—A bill to be entitled An act relating to capital collateralrepresentation; amending s. 27.703, F.S.; requiring private counselappointments to be in accordance with specified provisions; amending s.27.710, F.S.; requiring notification of the trial court if an appointedattorney fails to execute a contract within a specified period; authorizingan attorney appointed to represent a defendant in a postconvictioncapital collateral proceeding to designate another attorney to assist inthe representation; amending s. 27.711, F.S.; revising provisionsgoverning the award of attorney’s fees; providing that an additionalpayment for miscellaneous expenses may be paid under extraordinarycircumstances from a separate budget allocation; providing for paymentof certain tuition and other expenses for an attorney who is activelyrepresenting a capital defendant; providing for the transmittal of filesand documents to the successor attorney; requiring the court to monitorthe performance of counsel appointed to represent a capital defendantin a postconviction proceeding; providing for payment of attorney’smiscellaneous expenses which were incurred before a specified date;providing an effective date.


By Representatives Arnall, Wise, Crady, Dennis, Fuller, Hill, andThrasher—

HR 9139—A resolution honoring the American Red Cross VolunteerLife Saving Corps for the volunteer protective services provided to theCity of Jacksonville Beach, Florida.



By Representative Wasserman Schultz—

HR 9141—A resolution recognizing the month of March as “Women’sHistory Month.”


By Representative Turnbull—

HR 9143—A resolution in support of the designation of “FloridaCitizenship and Leadership Day.”



HR 9145—A resolution recognizing the four Tallahassee members ofthe USA Gymnastics National Teams.



HR 9147—A resolution honoring and commending TallahasseeHabitat for Humanity.


By Representative Lawson—

HR 9149—A resolution commending the Florida Agricultural andMechanical University 1998 football team.


By Representative Dennis—

HR 9151—A resolution in recognition of Bishop Vaughn MonroeMcLaughlin.


By Representative Putnam—

HR 9153—A resolution designating April 15, 1999, as “Florida 4-HDay.”


By Representative Jones—

HR 9155—A resolution honoring Dr. Carl M. Kuttler, Jr., President,St. Petersburg Junior College, recipient of the national Chief ExecutiveOfficer Award.


By Representative Lawson—

HR 9157—A resolution commending the Florida A & M Universitybrain bowl squad for winning the 1999 Honda Campus All-StarChallenge National Championship.


Reference

HB 2067—Referred to the Committee(s) on General GovernmentAppropriations.

HB 2069—Referred to the Committee(s) on Governmental Rules &Regulations and General Government Appropriations.

HB 2071—Referred to the Calendar of the House.

HB 2073—Referred to the Committee(s) on Business Development &International Trade, Finance & Taxation, and General GovernmentAppropriations.

HB 2075—Referred to the Committee(s) on Business Regulation &Consumer Affairs.

HJR 2077—Referred to the Committee(s) on Health Care Services,Judiciary, and General Appropriations.

HB 2079—Referred to the Committee(s) on Community Affairs,Environmental Protection, Governmental Operations, andTransportation & Economic Development Appropriations.

HB 2081—Referred to the Committee(s) on Juvenile Justice andCriminal Justice Appropriations.

HB 2083—Referred to the Committee(s) on Water & ResourceManagement and Transportation.

HB 2085—Referred to the Committee(s) on Transportation andTransportation & Economic Development Appropriations.

HB 2087—Referred to the Committee(s) on Health & Human ServicesAppropriations.

HB 2089—Referred to the Committee(s) on General Appropriations.

HB 2091—Referred to the Committee(s) on Judiciary, GovernmentalOperations, Community Affairs, and Health & Human ServicesAppropriations.

HB 2093—Referred to the Committee(s) on Judiciary, GovernmentalOperations, Community Affairs, and Health & Human ServicesAppropriations.

HB 2095—Referred to the Committee(s) on Claims and Judiciary.

HB 2097—Referred to the Committee(s) on Children & Families,Family Law & Children, Governmental Operations, and Health &Human Services Appropriations.

HB 2099—Referred to the Committee(s) on GovernmentalOperations, Insurance, and General Government Appropriations.

HB 2101—Referred to the Committee(s) on Children & Families,Family Law & Children, Governmental Operations, and Health &Human Services Appropriations.

HB 2103—Referred to the Committee(s) on Governmental Operationsand General Government Appropriations.

HB 2105—Referred to the Committee(s) on Governmental Rules &Regulations, Insurance, and Health Care Services.

HB 2107—Referred to the Committee(s) on GovernmentalOperations, Corrections, and Criminal Justice Appropriations.

HB 2109—Referred to the Committee(s) on GovernmentalOperations.

HB 2111—Referred to the Committee(s) on Governmental Operationsand Transportation & Economic Development Appropriations.

HB 2113—Referred to the Committee(s) on Health Care Services andInsurance.

HB 2115—Referred to the Committee(s) on General GovernmentAppropriations.

HB 2117—Referred to the Committee(s) on Governmental Operationsand General Government Appropriations.

HB 2119—Referred to the Committee(s) on Family Law & Childrenand Health & Human Services Appropriations.

HB 2121—Referred to the Committee(s) on GovernmentalOperations.

HB 2125—Referred to the Committee(s) on GovernmentalOperations, Governmental Rules & Regulations, and Health & HumanServices Appropriations.

HB 2127—Referred to the Committee(s) on Financial Services andGeneral Government Appropriations.

HB 2129—Referred to the Committee(s) on Transportation &Economic Development Appropriations.


HB 2131—Referred to the Committee(s) on Judiciary and Health &Human Services Appropriations.

HB 2133—Referred to the Committee(s) on Corrections and CriminalJustice Appropriations.

HB 2135—Referred to the Committee(s) on Corrections, Finance &Taxation, and Criminal Justice Appropriations.

HB 2137—Referred to the Committee(s) on Community Affairs andHealth & Human Services Appropriations.

HB 2139—Referred to the Committee(s) on Community Affairs,Finance & Taxation, and Health & Human Services Appropriations.

HB 2141—Referred to the Committee(s) on EducationAppropriations.

HB 2143—Referred to the Committee(s) on Financial Services.

HB 2145—Referred to the Committee(s) on EnvironmentalProtection, Governmental Rules & Regulations, and GeneralGovernment Appropriations.

HB 2147—Referred to the Committee(s) on Education Innovation andEducation Appropriations.

Proof of publication of the required notice was attached to HB 167.

Reference of Committee Substitutes Combining Bills

Under Rule 113(c), all previous references for the bills combined inCS/HBs 559, 171 & 565 were rescinded and CS/HBs 559, 171 & 565 wassubsequently referred to the Committees on Governmental Operationsand Governmental Rules & Regulations.

First Reading of Committee Substitutes by Publication

By the Committee on Juvenile Justice; Representative Bullard—

CS/HB 395—A bill to be entitled An act relating to juvenile justiceeducation and training programs; amending s. 985.315, F.S.; revisingthe vocational work training programs under the Department ofJuvenile Justice; providing for participation of certain juveniles ineducational/technical or vocational work-related program 5 hours perday, 5 days per week; requiring the Juvenile Justice AccountabilityBoard to conduct a study of juvenile vocational and work programs;requiring a report; requiring the department to inventory programs inthe state; providing an effective date.

By the Committee on Claims; Representatives Levine, Wiles, andGreenstein—

CS/HB 875—A bill to be entitled An act relating to county leasing andfinancing of property; amending s. 125.35, F.S.; allowing counties tolimit liability in specified circumstances; providing an effective date.

By the Committee on Judiciary; Representatives Albright, Bainter,Spratt, Stansel, Fasano, Sembler, Harrington, Kelly, C. Green,K. Smith, Melvin, Bronson, Dockery, Bense, Kilmer, Posey, Prieguez,Barreiro, Cantens, Goode, Maygarden, Ball, Wallace, Putnam,Alexander, Trovillion, Peaden, Argenziano, Johnson, Bitner, Flanagan,Ritchie, Littlefield, and J. Miller—

CS/HB 937—A bill to be entitled An act relating to civil actionsagainst manufacturers and dealers of firearms; creating s. 790.331, F.S.;prohibiting civil actions against manufacturers and dealers of firearmsand ammunition under certain circumstances; providing legislativefindings; providing conditions to sue on behalf of the state for itsagencies and instrumentalities, or on behalf of a county, municipality,town, special purpose district, or any other political subdivision of thestate; providing application; providing penalties; providing for expensesto be awarded in certain civil actions; providing for application;providing an effective date.

By the Committee on Health Care Licensing & Regulation;Representative Edwards—

CS/HB 1073—A bill to be entitled An act relating to recreationalsport diving; providing for standards for compressed air used in

recreational sport diving; providing for testing compressed air;providing exemptions; requiring certification for persons providingcompressed air for compensation; providing penalties; requiring theadoption of rules; providing an effective date.

By the Committee on Crime & Punishment; Representative Kyle—

CS/HB 1441—A bill to be entitled An act relating to unauthorizedreception of cable television services; amending s. 812.15, F.S.;providing increased penalties for repeat offenders; providing increasedpenalties for the possession of certain devices in quantities; prohibitingthe advertisement of certain devices in the electronic media; authorizingcertain persons to recover damages for each violation; providing aneffective date.

By the Committee on Judiciary; Representative Sanderson—

CS/HB 1513—A bill to be entitled An act relating to limited liabilitycompanies; amending ss. 608.401, 608.402, 608.403, 608.404, 608.406,608.407, 608.408, 608.4081, 608.4082, 608.409, 608.4101, 608.411,608.415, 608.416, 608.4211, 608.422, 608.4225, 608.423, 608.4231,608.4232, 608.425, 608.426, 608.4261, 608.427, 608.428, 608.432,608.433, 608.434, 608.436, 608.4362, 608.4363, 608.437, 608.438,608.4381, 608.4383, 608.4384, 608.441, 608.4421, 608.444, 608.447,608.448, 608.4481, 608.449, 608.4492, 608.4511, 608.452, 608.455,608.463, 608.471, 608.502, 608.503, 608.504, 608.505, 608.507, 608.508,608.512, 608.5135, F.S.; revising provisions of chapter 608, F.S., relatingto limited liability companies; clarifying and updating such provisionsto reflect current operating procedures; providing for requirements,limitations, procedures, rights, liabilities, reports, fees, and penalties;creating s. 608.4115, F.S.; providing for correcting certain articles oforganization; providing for effect; creating s. 608.4226, F.S.; providingfor resolving conflicts of interest; creating s. 608.4235, F.S.; providing foragency of members and managers; creating s. 608.4236, F.S.; providingfor delegation of rights and powers to manage; creating s. 608.4237, F.S.;providing for membership termination upon bankruptcy; creating s.608.439, F.S.; providing for conversion of certain entities to a limitedliability company; creating s. 608.601, F.S.; providing for member’sderivative actions; creating ss. 608.701, 608.702, and 608.703, F.S.;providing for application of certain case law for certain purposes;providing for receiving certificates and certified copies into evidence;providing for interrogatories by the Department of State; repealing s.608.4062, F.S., relating to foreign limited liability companies; repealings. 608.412, F.S., relating to supplemental affidavit of capitalcontributions; repealing s. 608.424, F.S., relating to contracting debts;repealing s. 608.4494, F.S., relating to deposit with the Department ofBanking and Finance; providing an effective date.

By the Committee on Judiciary; Representative Hart—

CS/HB 1523—A bill to be entitled An act relating to informationtechnology resources; creating the “Commerce Protection Act”;providing definitions; prescribing exclusive remedies against persons,businesses, and governmental agencies for damages caused by thefailure of their information technology resources to function properlywith respect to date data; prescribing and limiting damages; prescribingconditions precedent to maintaining or defending actions; barringcertain class actions; requiring that actions be brought within aspecified time; providing immunity from personal liability for directorsand officers of businesses under specified circumstances; exempting theexchange of certain information among businesses from action underthe Florida Antitrust Act of 1980; prescribing alternative dispute-resolution procedures; providing for liability for costs and attorney’s feesunder specified circumstances; providing for construction of the act;repealing s. 282.4045, F.S., which grants immunity from liability togovernmental entities for certain computer date calculation failures;providing for severability; providing an effective date

By the Committee on Insurance; Representatives Wiles andCosgrove—

CS/HB 1743—A bill to be entitled An act relating to insurance fraud;amending s. 626.989, F.S.; applying certain provisions to health


maintenance organizations; creating s. 626.9892, F.S.; establishing theAnti-Fraud Reward Program in the department; providing for rewardsunder certain circumstances; requiring the department to adopt rules toimplement the program; exempting review of department decisionsrelating to rewards; creating s. 641.3915, F.S.; requiring certain healthmaintenance organizations to comply with insurer anti-fraudrequirements; amending s. 775.15, F.S.; extending the statute oflimitations for certain insurance fraud violations; amending s. 817.234,F.S.; specifying a schedule of criminal penalties for committinginsurance fraud; providing definitions; providing application to healthmaintenance organizations and contracts; amending s. 817.505, F.S.;revising a penalty for patient brokering; reenacting s. 455.657(3), F.S.,relating to kickbacks, to incorporate changes; providing anappropriation; providing an effective date.

By the Committee on Education/K-12; Representatives Bronson,Roberts, Dennis, Arnall, Diaz de la Portilla, Byrd, Futch, Crist, Ogles,Constantine, Fasano, Murman, Goode, Morroni, Peaden, Flanagan,Posey, Wallace, Wise, Maygarden, Dockery, Alexander, Putnam, Kelly,Johnson, Melvin, Ball, Kilmer, Cantens, Pruitt, Bitner, Harrington,J. Miller, and Crady—

CS/HB 1773—A bill to be entitled An act relating to education;authorizing district school boards to allow the use of an inspirationalmessage at noncompulsory high school events; providing legislativeintent; providing an effective date.

By the Committee on Judiciary; Representative Bilirakis—

CS/HB 1837—A bill to be entitled An act relating to child passengerrestraint; amending s. 316.613, F.S.; removing an obsolete reference;amending s. 316.614, F.S.; providing for primary enforcement ofviolations of child restraint requirements; amending s. 318.18, F.S.;providing a fine for violations of child restraint requirements; amendings. 318.21, F.S.; providing for deposit and use of proceeds from fines forviolation of child restraint requirements; providing an effective date.

By the Committee on Health Care Licensing & Regulation;Representatives Ritter and Goodlette—

CS/HB 1839—A bill to be entitled An act relating to governmentalreorganization; amending s. 20.42, F.S.; reassigning the Agency forHealth Care Administration to the Department of Health Care;requiring the Executive Director of Health Care Administration to beconfirmed by the Senate; making changes in the organizationalstructure of the agency; amending s. 20.43, F.S.; redesignating theDepartment of Health as the Department of Health Care; repealingauthorization for the Department of Health to contract with the Agencyfor Health Care Administration for certain services; transferring to theDepartment of Health Care the powers, duties, functions, and assetsthat relate to the consumer complaint services, investigations, andprosecutorial services that are performed by the Agency for Health CareAdministration under contract with the Department of Health;providing for the appointment of and duties for an OrganizationalEfficiency Advisory Committee; providing for a reviser’s bill; providingfor the validity of pending judicial and administrative proceedings;providing an effective date.

Ceremonial Resolutions

Adoption by Publication

At the request of Rep. Fasano—

HR 9105—A resolution designating April 11, 1999, as “SubmarineSailors Day.”

WHEREAS, all men and women who have so proudly served theircountry in the uniform of the United States Armed Forces are deservingof the gratitude and appreciation of all Americans, and

WHEREAS, veterans from all branches of our Armed Forces havecontributed so meaningfully to our national defense and have helped topreserve our freedom here at home, and

WHEREAS, among the many organizations representing the variousbranches of our Armed Forces, the United States Submarine Veteransrepresent a special and dedicated group of sailors who have bravelyserved their nation, and

WHEREAS, American military personnel serving aboard submarinesperform a uniquely rigorous type of military service which involves longperiods of isolation and confinement, requires tremendous discipline,endurance, and self-control, and which places them in frequent danger,and

WHEREAS, it is important and appropriate that the citizens of theState of Florida recognize and commend all United States submarinesailors, past and present, for their accomplishments and their supremedevotion to duty, NOW, THEREFORE,


That the Florida House of Representatives hereby designates April11, 1999, as “Submarine Sailors Day” in recognition of the extraordinarymilitary service performed by American military personnel, past andpresent, serving aboard submarines.

—was read and adopted by publication pursuant to Rule 115.

Reports of Councils and Standing Committees

Council Reports

The Honorable Joseph Arnall, Chair April 7, 1999Committee on Rules & Calendar

Dear Sir:

The Health & Family Services Council respectfully submits thefollowing report of Council actions adopted on April 7, 1999.

Pursuant to Rule 59(h), the Council approved consideration of thefollowing proposed committee draft(s):

DFT HCS 99-08, general subject matter—health care services/Patient Self-referral Act of 1992 for consideration by the Committeeon Health Care Services

A quorum of the Council was present and a majority of those presentagreed to the above report.

Sincerely,Durell Peaden, Jr., M.D., J.D.Chair

Committee Reports

Received April 7:

The Committee on Family Law & Children recommends the followingpass:

HB 7, with 1 amendment (unanimous)

The above bill was placed on the appropriate Calendar.

The Committee on Crime & Punishment recommends the followingpass:

HB 333 (unanimous)

The above bill was referred to the Committee on CriminalJustice Appropriations.

The Committee on Community Colleges & Career Prep recommendsthe following pass:

HB 1819 (unanimous)

The above bill was referred to the Committee on EducationAppropriations.


HB 385, with 1 amendment


CS/HB 645, with 1 amendment (unanimous)

The above bills were referred to the Committee on Health &Human Services Appropriations.

The Committee on Real Property & Probate recommends thefollowing pass:

CS/HB 603, with 4 amendments

The above bill was referred to the Committee onTransportation & Economic Development Appropriations.

The Committee on Judiciary recommends a committee substitute forthe following:

HB 937 (unanimous)

The above committee substitute was referred to theCommittee on General Appropriations, subject to review underRule 113(b), and, under the rule, HB 937 was laid on the table.



The above bill was referred to the Committee on BusinessDevelopment & International Trade.

The Committee on Elder Affairs & Long-Term Care recommends thefollowing pass:

HB 1745, with 7 amendments (unanimous)

The above bill was referred to the Committee on CommunityAffairs.

The Committee on Children & Families recommends the followingpass:

HB 233 (unanimous)

The above bill was referred to the Committee on EducationInnovation.



The above bill was referred to the Committee on Family Law& Children.


HB 2009 (unanimous)

The above bill was referred to the Committee onGovernmental Rules & Regulations.


HB 1991 (unanimous)

The above bill was referred to the Committee onGovernmental Rules & Regulations.


HB 1903 (unanimous)

The above bill was referred to the Committee on Judiciary.

The Committee on Juvenile Justice recommends a committeesubstitute for the following:

HB 395

The above committee substitute was referred to theCommittee on Corrections, subject to review under Rule 113(b),and, under the rule, HB 395 was laid on the table.


HB 1513 (unanimous)

The above committee substitute was referred to theCommittee on Financial Services, subject to review under Rule113(b), and, under the rule, HB 1513 was laid on the table.

The Committee on Crime & Punishment recommends a committeesubstitute for the following:

HB 1441 (unanimous)

The above committee substitute was referred to theCommittee on Judiciary, subject to review under Rule 113(b),and, under the rule, HB 1441 was laid on the table.

The Committee on Insurance recommends a committee substitute forthe following:

HB 1743 (unanimous)


Received April 8:

The Committee on Claims recommends the following pass:HB 1747 (unanimous)


The Committee on Education/K-12 recommends the following pass:HB 899


The Committee on Judiciary recommends the following pass:HB 443 (unanimous)HB 879, with 1 amendment (unanimous)

The above bills were placed on the appropriate Calendar.

The Committee on Transportation recommends the following pass:HB 1593 (unanimous)HB 1969, with 1 amendment (unanimous)

The above bills were placed on the appropriate Calendar.

The Committee on Judiciary recommends the following pass:HB 599 (unanimous)HB 1781, with 1 amendment (unanimous)

The above bills were referred to the Committee on CriminalJustice Appropriations.

The Committee on Education/K-12 recommends the following pass:HB 1137, with 1 amendment (unanimous)HB 1557, with 2 amendments (unanimous)

The above bills were referred to the Committee on EducationAppropriations.

The Committee on Claims recommends the following pass:HB 2029 (unanimous)

The above bill was referred to the Committee on GeneralAppropriations.

The Committee on Judiciary recommends the following pass:HB 1733 (unanimous)

The above bill was referred to the Committee on GeneralAppropriations.

The Committee on Business Regulation & Consumer Affairsrecommends the following pass:

HB 1435 (unanimous)HB 1987 (unanimous)

The above bills were referred to the Committee on GeneralGovernment Appropriations.


The Committee on Judiciary recommends the following pass:HB 339, with 1 amendment (unanimous)HB 745, with 2 amendments (unanimous)

The above bills were referred to the Committee on GeneralGovernment Appropriations.

The Committee on Regulated Services recommends the followingpass:


The above bill was referred to the Committee on Health &Human Services Appropriations.

The Committee on Family Law & Children recommends the followingpass:



The Committee on Tourism recommends the following pass:HB 1651 (unanimous)


The Committee on Claims recommends a committee substitute for thefollowing:

HB 875 (unanimous)

The above committee substitute was referred to theCommittee on Transportation & Economic DevelopmentAppropriations, subject to review under Rule 113(b), and, underthe rule, HB 875 was laid on the table.

The Committee on Health Care Licensing & Regulation recommendsthe following pass:


The above bill was referred to the Committee on CommunityAffairs.

The Committee on Judiciary recommends the following pass:HB 1775, with 1 amendmentHB 1997 (unanimous)

The above bills were referred to the Committee on Crime &Punishment.

The Committee on Education/K-12 recommends the following pass:HB 893, with 1 amendment

The above bill was referred to the Committee on EducationInnovation.



The above bill was referred to the Committee on Elder Affairs& Long-Term Care.

The Committee on Business Development & International Traderecommends the following pass:

HB 2047 (unanimous)

The above bill was referred to the Committee on Finance &Taxation.

The Committee on Judiciary recommends the following pass:HB 503, with 1 amendment (unanimous)HB 743 (unanimous)

The above bills were referred to the Committee on Finance &Taxation.

The Committee on Tourism recommends the following pass:


The above bill was referred to the Committee on Finance &Taxation.

The Committee on Judiciary recommends the following pass:HB 757, with 2 amendments (unanimous)HB 1851, with 1 amendment

The above bills were referred to the Committee onGovernmental Operations.



The above bill was referred to the Committee on Health CareServices.

The Committee on Business Regulation & Consumer Affairsrecommends the following pass:

CS/HB 1749, with 1 amendment (unanimous)

The above bill was referred to the Committee on Judiciary.

The Committee on Transportation recommends the following pass:HB 769, with 1 amendment

The above bill was referred to the Committee on LawEnforcement & Crime Prevention.

The Committee on Utilities & Communications recommends thefollowing pass:


The above bill was referred to the Committee on RealProperty & Probate.


HB 1523

The above committee substitute was referred to theCommittee on Financial Services, subject to review under Rule113(b), and, under the rule, HB 1523 was laid on the table.

The Committee on Health Care Licensing & Regulation recommendsa committee substitute for the following:

HB 1839

The above committee substitute was referred to theCommittee on Governmental Operations, subject to reviewunder Rule 113(b), and, under the rule, HB 1839 was laid on thetable.

The Committee on Education/K-12 recommends a committeesubstitute for the following:

HB 1773



HB 1837 (unanimous)

The above committee substitute was referred to theCommittee on Transportation, subject to review under Rule113(b), and, under the rule, HB 1837 was laid on the table.

The Committee on Health Care Licensing & Regulation recommendsa committee substitute for the following:

HB 1073

The above committee substitute was referred to theCommittee on Water & Resource Management, subject to reviewunder Rule 113(b), and, under the rule, HB 1073 was laid on thetable.


The Committee on Transportation recommends the following notpass:

HB 1653

The above bill was laid on the table under the rule.

Excused

Reps. Fuller, Tullis

Conference Committee Managers Excused

The following Conference Committee Managers were excused fromtime to time: CS/SB 140; CS/SB 172; and CS/SB 318 (taxation): Rep.Albright (Chair), Rep. Brummer, Rep. Stansel, Rep. Waters, Rep. Wiles,Rep. Cantens (alternate), Rep. C. Green (alternate).

SBs 2500 and 2502 (appropriations): Rep. Pruitt (Chair), Rep.L. Miller (Vice Chair); At Large—Rep. Bloom, Rep. Bradley, Rep. Lacasa(Lead Member for SB 2502, implementing bill), Rep. Dockery, Rep.Feeney, Rep. Garcia, Rep. Jones, Rep. Logan, Rep. Bitner (alternate),

Rep. Flanagan (alternate), Rep. Wasserman Schultz (alternate);Criminal Justice Appropriations—Rep. Villalobos (Chair), Rep. Crady,Rep. Ball, Rep. Cosgrove, Rep. Crist, Rep. Bush (alternate), Rep.Morroni (alternate); Education Appropriations—Rep. Wise (Chair), Rep.Chestnut, Rep. Constantine, Rep. Lynn, Rep. Turnbull, Rep. Alexander(alternate), Rep. Dennis (alternate); General GovernmentAppropriations—Rep. Sembler (Chair), Rep. Minton, Rep. Byrd, Rep.Eggelletion, Rep. Gay, Rep. Roberts (alternate), Rep. Bense (alternate);Health & Human Services Appropriations—Rep. Sanderson (Chair),Rep. Hafner, Rep. Farkas, Rep. A. Greene, Rep. Maygarden, Rep. Casey(alternate), Rep. Hill (alternate); Transportation & EconomicDevelopment Appropriations—Rep. Fuller (Chair), Rep. Reddick, Rep.Crow, Rep. K. Smith, Rep. Valdes, Rep. Bronson (alternate), Rep.Harrington (alternate).

Adjourned

Pursuant to the motion previously agreed to, the House adjourned at4:41 p.m., to reconvene at 9:50 a.m., Tuesday, April 13.


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