Transcription
Journal of the SenateNumber 5—Regular SessionWednesday, March 18, 1998CONTENTSBills on Third Reading . . . . . . . . . . . . . . .Call to Order . . . . . . . . . . . . . . . . . . . . . .Co-Sponsors . . . . . . . . . . . . . . . . . . . . . . .Committee Appointment . . . . . . . . . . . . . .Committee Substitutes, First Reading . . .Election of Senator . . . . . . . . . . . . . . . . . .House Messages, First Reading . . . . . . . .House Messages, Returning . . . . . . . . . . .Introduction and Reference of Bills . . . . . .Motions . . . . . . . . . . . . . . . . . . . . . . . . . .Motions Relating to Committee ReferenceReports of Committees . . . . . . . . . . . . . . .Resolutions . . . . . . . . . . . . . . . . . . . . . . . .Senate Pages . . . . . . . . . . . . . . . . . . . . . .Special Guests . . . . . . . . . . . . . . . . . . . . .Special Order Calendar . . . . . . . . . . . . . .PLEDGE. . . . . . . 170,.167, 168, 170,. . . . . . . 77Senate Pages Bethany Campbell of Branford, niece of Senator Williams, and Sarah Roberts of Lantana, led the Senate in the pledge ofallegiance to the flag of the United States of America.ELECTION OF SENATOR STEVEN GELLERBy direction of the President, the Secretary read the following certificate from the Secretary of State, certifying to the election of SenatorSteven Geller.STATE OF FLORIDAOFFICE OF SECRETARY OF STATEI, Sandra B. Mortham, Secretary of State of the State of Florida, dohereby certify that the following Member of the State Senate was electedat the Special General Election held on the Seventeenth day of March,A.D., 1998, as shown by the election returns on file in this office:SENATE DISTRICT NUMBERCALL TO ORDER29Steven Geller, HallandaleThe Senate was called to order by President Jennings at 1:30 p.m. Aquorum present—40:Madam sTurnerWilliamsGIVEN under my hand and the GreatSeal of the State of Florida at Tallahassee, the Capitol, this 18th day of March,A.D., 1998.Sandra B. MorthamSECRETARY OF STATESPECIAL GUESTSThe President introduced the newly elected Senator from the 29thdistrict, Steven Geller, and the following special guests: former Senator Rick Dantzler and Commissioner of Insurance Bill Nelson.OATH OF OFFICE ADMINISTEREDPRAYERThe following prayer was offered by Rev. Steve Davies, Village BaptistChurch, Destin:Our gracious Heavenly Father, as we stand before you this afternoon,we call upon you today as our mighty God, not only as our creator andour sustainer but as the one who is the lover of our souls. We offer ourthanks to you today for all of your provision for us as individuals, for usas a nation and for this great state of Florida in which we live.We thank you for our leaders, both past and present. We thank youfor your abundant supply for our every need. We offer unto you all praiseand thanksgiving for life as made possible through Jesus Christ, ourLord. Father, as we bow here today, I lift up the men and women of thisgreat chamber. Lord, I ask for you to give them knowledge. I ask for youto increase their understanding. I ask for you, Lord, to give them wisdomin their every decision as they look at so many important things thataffect the people of this state.Father, I thank you for the courage they have exhibited in these pastdays. Lord, I ask you to continue to give them the courage to stand forwhat is right and just. Father, may the plumb line of our judgments notbe based upon society’s whims but upon the laws you have given to usdown through the ages. Lord, help us to stand, as a people, to bring honorand glory and praise unto your name as a faithful people, as a faithfulnation. Lord, I thank you for all of these who are gathered here onceagain, and I ask your abundant blessing be supplied in all of their lives.These things we pray through our Lord and Savior, Jesus Christ. Amen.On motion by Senator Casas that a committee be appointed to escortSenator Geller to the bar of the Senate for the administration of the oathof office, the President appointed Senators Dyer, Forman, Meadows,Rossin, Scott and Burt.Senator Geller was administered the oath of office by The HonorableMajor B. Harding, Justice, Florida Supreme Court.MOTIONOn motion by Senator Bankhead, Rule 3.7 was waived and March 31,1998, was established as the deadline for Senator Geller to file bills forintroduction.ADOPTION OF RESOLUTIONSAt the request of Senator Williams—By Senator Williams—SR 2238—A resolution designating March 16, 1998, as FSU Day inTallahassee.WHEREAS, the Tallahassee campus of Florida State University is theoldest continuous site of higher education in Florida, andWHEREAS, Florida State University (FSU) was founded as an institution of higher learning in 1851 by legislative act and began enrollingstudents at Tallahassee in 1857, and167
168JOURNAL OF THE SENATEWHEREAS, spring 1998 marks the fiftieth anniversary of the ratification of the Florida State University Constitution by its faculty, an actthat set the institution on course toward its present standing as a bastion of the liberal arts, andWHEREAS, more than 197,000 men and women have graduated fromFlorida State University, and its success as an institution is reflected inthe success of those graduates around the world, andWHEREAS, the university’s mission emphasizes teaching, research,and public service, and its students study in 16 colleges and schools,which offer undergraduate and graduate degrees in more than 342fields, andWHEREAS, U.S. News and World Report ranked Florida State University the “most efficient university” for the second year in a row in its1998 “America’s Best Colleges” issue, andWHEREAS, the graduation rate at Florida State University is wellabove the national average and is the best among Florida’s state universities, andWHEREAS, while developing internationally recognized programs inthe fine arts and performing arts and in the basic sciences and socialsciences, Florida State University has also developed strong student-lifeprograms, including one of the major intercollegiate athletic programsin the country, andMarch 18, 1998WHEREAS, stopping juveniles from entering or progressing any farther into the juvenile justice system will require special emphasis in theareas of prevention and intervention and the support of the legislature,law enforcement, other state agencies, businesses, local communities,and organizations, andWHEREAS, the Department of Juvenile Justice has made greatstrides in promoting local government and community involvement bycreating partnerships to meet local needs as identified by thousands oflocal leaders and citizens who contributed 30,000 volunteer hours in thelast year, andWHEREAS, the juvenile justice system, including the Department ofJuvenile Justice and its partners, is committed to further reducing theoverall juvenile crime rate, NOW, THEREFORE,Be It Resolved by the Senate of the State of Florida:That the Senate does, hereby, recognize the week of March 15-21,1998, as Juvenile Justice Week, and does urge the support and participation of all citizens in making a conscious effort to prevent juvenile crime.—SR 2358 was introduced, read and adopted by publication.MOTIONS RELATING TOCOMMITTEE REFERENCEWHEREAS, FSU alumni currently serving in the Florida Senate include Senators W.D. Childers, Pensacola; Charlie Crist, St. Petersburg;John Grant, Tampa; Jim Horne, Jacksonville; John McKay, Bradenton;and Charles D. Williams, Jr., Tallahassee, andOn motion by Senator Sullivan, by two-thirds vote CS for SB 124, CSfor SB 216, SB 550, CS for SB 772, CS for SB 786, CS for SB 1132,SB 1370 and CS for SB 1574 were withdrawn from the Committee onWays and Means.WHEREAS, FSU alumni also include current Representatives KeithArnold, Ft. Myers; Cynthia Chestnut, Gainesville; Greg Allen Gay, CapeCoral; Debbie Horan, Key West; Everett Kelly, Tavares; Jim King, Jacksonville; Al Lawson, Tallahassee; Sharon Merchant, Palm Beach Gardens; Beryl Roberts-Burke, Carol City; John Thrasher, Orange Park;and J. Alex Villalobos, Miami, NOW, THEREFORE,On motion by Senator Bankhead, by two-thirds vote SB 1846 waswithdrawn from the Committees on Ways and Means Subcommittee E(Finance and Tax); Ways and Means; Commerce and Economic Opportunities; and Governmental Reform and Oversight; and referred to theCommittees on Commerce and Economic Opportunities; GovernmentalReform and Oversight; and Ways and Means; SB 2500 and SB 2502were withdrawn from the Committee on Ways and Means; SB 2002 waswithdrawn from the Committees on Transportation and Judiciary andreferred to the Committee on Rules and Calendar; SB 1400 was withdrawn from the Committees on Community Affairs; and Ways andMeans; and referred to the Committees on Community Affairs; Agriculture; and Ways and Means; SB 2170 was withdrawn from the Committees on Children, Families and Seniors; and Rules and Calendar; andreferred to the Committees on Judiciary; Children, Families and Seniors; and Rules and Calendar; SB 672 was removed from the calendarand referred to the Committee on Rules and Calendar; SB 1964 waswithdrawn from the Committees on Health Care; Criminal Justice; andWays and Means; and referred to the Committees on Children, Familiesand Seniors; Criminal Justice; and Ways and Means; and SB 1966 waswithdrawn from the Committees on Health Care and Criminal Justiceand referred to the Committees on Children, Families and Seniors; andCriminal Justice.Be It Resolved by the Senate of the State of Florida:That March 16, 1998, is designated as FSU Day in Tallahassee.BE IT FURTHER RESOLVED that a copy of this resolution, with theSeal of the Senate affixed, be presented to Sandy D’Alemberte, Presidentof Florida State University, as a tangible token of the esteem of theFlorida Senate.—SR 2238 was introduced, read and adopted by publication.At the request of Senator Silver—By Senator Silver—SR 2358—A resolution recognizing March 15-21, 1998, as JuvenileJustice Week.WHEREAS, the Legislature has authorized a juvenile justice continuum of care which creates a balanced approach between prevention andcommitment services through a dedicated partnership that includes theDepartment of Juvenile Justice, juvenile justice district boards, countycouncils, sheriffs, police chiefs, public defenders, juvenile judges, schooldistricts, not-for-profit organizations, and private providers of services,andWHEREAS, the State of Florida is becoming recognized as a “bellwether” state for its reforms and progress through the delivery of juvenile justice services and programs that do more than simply provideshelter and control youths’ behavior, but help delinquents make a successful transition back into their communities, andWHEREAS, between 1987 and 1997, Florida’s 10-to-17-year-old agegroup increased 19 percent while the volume of cases entering the juvenile justice system increased by 76 percent, andOn motion by Senator Meadows, by two-thirds vote SB 684 was withdrawn from the committees of reference and further consideration.MOTIONSOn motion by Senator Bankhead, a deadline of 8:00 a.m. Thursday,March 19, was set for filing amendments to Bills on Third Reading to beconsidered that day.MESSAGES FROM THE HOUSE OFREPRESENTATIVESThe Honorable Toni Jennings, PresidentI am directed to inform the Senate that the House of Representativeshas amended Senate Amendment(s) 1, and concurred in same asamended, and passed CS for HB 3033 as further amended, and requeststhe concurrence of the Senate.John B. Phelps, ClerkWHEREAS, there are fewer serious felonies being committed by juveniles than prior to the adoption of the “Juvenile Justice Act” of 1994,despite a growth in the teenage population, andCS for HB 3033—A bill to be entitled An act relating to execution ofthe death sentence; creating s. 922.105, F.S.; providing for execution of
March 18, 1998JOURNAL OF THE SENATEthe death sentence by means of lethal injection if electrocution is declared invalid by any one of specified courts, unless overruled; providingthat a person authorized by state law to prescribe medication, whendesignated by the Department of Corrections, may prescribe the drugsnecessary to compound a lethal injection; providing that a personauthorized by state law to prepare, compound, or dispense medication,when designated by the Department of Corrections, may prepare, compound, or dispense the lethal injection; providing that the prescription,preparation, compounding, dispensing, or administration of a lethal injection does not constitute practicing medicine, nursing, or pharmacy;providing for execution of the death sentence by other means not declared unconstitutional by the United States Supreme Court, if lethalinjection is declared invalid; providing for determination and supervision of execution procedure by the Secretary of Corrections or the secretary’s designee, under specified circumstances when execution by meansof electrocution or lethal injection has been declared invalid; providingan exemption from ch. 120, F.S., for the policies and procedures of theDepartment of Corrections for execution; prohibiting reduction of a sentence of death as the result of a method of execution being declaredinvalid; prohibiting health care provider or employee of the Departmentof Corrections from being required to assist in an execution contrary tothe person’s moral or ethical beliefs; amending s. 775.082, F.S., relatingto penalties and mandatory minimum sentences for certain reoffenderspreviously released from prison; conforming provisions to changes madeby the act; prohibiting reduction of a sentence of death as the result ofa method of execution being declared invalid; amending s. 790.161, F.S.,relating to the offense of making, possessing, throwing, projecting, placing, or discharging a destructive device, or attempt so to do, and penalties; conforming provisions to changes made by the act; prohibiting reduction of a sentence of death as the result of a method of executionbeing declared invalid; providing an effective date.House Amendment 1 (with title amendment) to Senate Amendment 1—On page 1, line 17, through page 2, line 17, remove from theamendment: all of said lines and insert in lieu thereof:Section 1.Section 922.105, Florida Statutes, is created to read:922.105 Execution of death sentence by lethal injection if death byelectrocution is declared unconstitutional; prohibition against reductionof death sentence as a result of determination that a method of executionis unconstitutional.—(1) A death sentence shall be executed by electrocution pursuant to s.922.10. If electrocution is held to be unconstitutional by the FloridaSupreme Court under the State Constitution, or held to be unconstitutional by the United States Supreme Court under the United StatesConstitution, or if the United States Supreme Court declines to reviewany judgment holding electrocution to be unconstitutional under theUnited States Constitution made by the Florida Supreme Court or theUnited States Court of Appeals that has jurisdiction over Florida, allpersons sentenced to death for a capital crime shall be executed by lethalinjection.(2) The provisions of the opinion and all points of law decided by theUnited States Supreme Court in Malloy v. South Carolina, 237 U.S. 180(1915), finding that the Ex Post Facto Clause of the United States Constitution is not violated by a legislatively enacted change in the method ofexecution for a sentence of death validly imposed for previously committed capital murders, are adopted by the Legislature as the law of thisstate.(3) A change in the method of execution does not increase the punishment or modify the penalty of death for capital murder. Any legislativechange to the method of execution for the crime of capital murder does notviolate s. 10, Art. I or s. 9, Art. X of the State Constitution.(4) Notwithstanding any law to the contrary, a person authorized bystate law to prescribe medication and designated by the Department ofCorrections may prescribe the drug or drugs necessary to compound alethal injection. Notwithstanding any law to the contrary, a personauthorized by state law to prepare, compound, or dispense medicationand designated by the Department of Corrections may prepare, compound, or dispense a lethal injection. For purposes of this section, prescription, preparation, compounding, dispensing, and administration ofa lethal injection does not constitute the practice of medicine, nursing, orpharmacy.169(5) The policies and procedures of the Department of Corrections forexecution of persons sentenced to death shall be exempt from chapter 120.(6) Notwithstanding s. 775.082(2), s. 790.161(4), or s. 775.15(1)(a), orany other provision to the contrary, no sentence of death shall be reducedas a result of a determination that a method of execution is declaredunconstitutional under the State Constitution or the Constitution of theUnited States. In any case in which an execution method is declaredunconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.(7) Nothing contained in this chapter is intended to require any physician, nurse, pharmacist, or employee of the Department of Correctionsor any other person to assist in any aspect of an execution which iscontrary to the person’s moral or ethical beliefs.Section 2. Subsection (2) of section 775.082, Florida Statutes, isamended to read:775.082 Penalties; mandatory minimum sentences for certain reoffenders previously released from prison.—(1) A person who has been convicted of a capital felony shall bepunished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by thecourt that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible forparole.(2) In the event the death penalty in a capital felony is held to beunconstitutional by the Florida Supreme Court or the United StatesSupreme Court, the court having jurisdiction over a person previouslysentenced to death for a capital felony shall cause such person to bebrought before the court, and the court shall sentence such person to lifeimprisonment as provided in subsection (1). No sentence of death shallbe reduced as a result of a determination that a method of execution isheld to be unconstitutional under the State Constitution or the Constitution of the United States.Section 3. Subsection (4) of section 790.161, Florida Statutes, isamended to read:790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project,place, or discharge any destructive device:(4) If the act results in the death of another person, commits a capitalfelony, punishable as provided in s. 775.082. In the event the deathpenalty in a capital felony is held to be unconstitutional by the FloridaSupreme Court or the United States Supreme Court, the court havingjurisdiction over a person previously sentenced to death for a capitalfelony shall cause such person to be brought before the court, and thecourt shall sentence such person to life imprisonment if convicted ofmurder in the first degree or of a capital felony under this subsection,and such person shall be ineligible for parole. No sentence of death shallbe reduced as a result of a determination that a method of execution isheld to be unconstitutional under the State Constitution or the Constitution of the United States.Section 4. This act shall take effect upon becoming a law.And the title is amended as follows:On page 2, line 25, through page 4, line 10, remove from the title ofthe amendment: and insert in lieu thereof: A bill to be entitled An actrelating to execution of the death sentence; creating s. 922.105, F.S.;providing for execution of the death sentence by means of lethal injectionif electrocution is held to be unconstitutional; providing legislative intent; providing that a person authorized by state law to prescribe medication, when designated by the Department of Corrections, may prescribe the drugs necessary to compound a lethal injection; providing thata person authorized by state law to prepare, compound, or dispensemedication, when designated by the Department of Corrections, mayprepare, compound, or dispense the lethal injection; providing that theprescription, preparation, compounding, dispensing, or administrationof a lethal injection does not constitute practicing medicine, nursing, orpharmacy; providing an exemption from ch. 120, F.S., for the policies
170JOURNAL OF THE SENATEand procedures of the Department of Corrections for execution; prohibiting reduction of a sentence of death as the result of a method of executionbeing held to be unconstitutional; prohibiting any physician, nurse,pharmacist, employee of the Department of Corrections, or other personfrom being required to assist in an execution contrary to the person’smoral or ethical beliefs; amending s. 775.082, F.S., relating to penaltiesand mandatory minimum sentences for certain reoffenders previouslyreleased from prison; conforming provisions to changes made by the act;prohibiting reduction of a sentence of death as the result of a method ofexecution being held unconstitutional; amending s. 790.161, F.S., relating to the offense of making, possessing, throwing, projecting, placing,or discharging a destructive device, or attempt so to do, and penalties;conforming provisions to changes made by the act; prohibiting reductionof a sentence of death as the result of a method of execution being heldunconstitutional; providing an effective date.ScottSilverWHEREAS, the existing method of carrying out a sentence of deathin this state is by electrocution, andWHEREAS, the Legislature has previously determined that death byelectrocution is the preferred method of carrying out the death penalty,and the death penalty should be carried out in a swift and sure manner,andWHEREAS, the Florida Supreme Court, in Jones v. State, 701 So.2d76 (1997), has held death by electrocution to be a constitutional methodof imposing the death penalty in this state, andWHEREAS, the Legislature intends to ensure that the lawful punishment of death imposed on persons in this state is carried out, and considers it to be appropriate to provide alternative methods for imposingdeath only if legally required to do so, andWHEREAS, changing the method of carrying out the death penaltyboth for those previously sentenced and for those who will be sentencedin the future is merely procedural and does not increase the quantumof punishment imposed upon a defendant and therefore does not violatethe prohibition against ex post facto laws under the Constitution of theUnited States, Malloy v. South Carolina, 237 U.S. 180 (1915), and ExParte Kenneth Granviel, 561 S.W.2d 503 (Tex. App. 1978), andTurnerWilliamsNays—NoneVote after roll call:Yea—Clary, HargrettMOTIONOn motion by Senator Burt, the House was requested to return CS forHB 3053.CONSIDERATION OF BILLSON THIRD READINGWHEREAS, the Legislature finds that the existing method of carryingout a sentence of death in Florida is by electrocution, andWHEREAS, the Legislature has previously determined that death byelectrocution is the preferred method of carrying out the death penalty,and the death penalty should be carried out in a swift and sure manner,andSullivanThomasMarch 18, 1998On motion by Senator Forman, by two-thirds vote HB 1771 was withdrawn from the Committee on Ways and Means.On motion by Senator Forman, by two-thirds vote—HB 1771—A bill to be entitled An act relating to the City of MiamiBeach; providing for the relief of Juan A. Garcia, Jr., and Juan andBarbara Garcia, as natural parents of Juan A. Garcia, Jr.; providing foran appropriation to compensate them for injuries and damages sustained as a result of the negligence of the City of Miami Beach; providingan effective date.—a companion measure, was substituted for SB 4 and by two-thirdsvote read the second time by title. On motion by Senator Forman, bytwo-thirds vote HB 1771 was read the third time by title, passed andcertified to the House. The vote on passage was:Yeas—39Madam illiamsNays—NoneWHEREAS, the United States Supreme Court has previously declared, in the case of Dobbert v. Florida, 432 U.S. 282 (1977), thatchanging the practices and procedures of the application of the deathpenalty statute does not violate the ex post facto clauses of the StateConstitution or the Constitution of the United States, andWHEREAS, the Florida Supreme Court has previously held a claimunder Article X, Section 9 of the State Constitution against retroactivechanges in death penalty procedures to be without merit, in the case ofDobbert v. State, 375 So.2d 1069 (Fla. 1979), NOW, THEREFORE,On motion by Senator Burt, the Senate concurred in the Houseamendment to the Senate amendment.Vote after roll call:Yea—HargrettSB 8—A bill to be entitled An act for the relief of Heather Roszell, aminor; providing appropriations and expenditures to compensate her forinjuries and damages sustained as a result of the negligence of the Stateof Florida, Board of Regents and the Hillsborough County Hospital Authority, d.b.a. Tampa General Hospital; providing an effective date.—as amended March 9 was read the third time by title.CS for HB 3033 passed as amended and the action of the Senate wascertified to the House. The vote on passage was:On motion by Senator Grant, SB 8 as amended was passed and certified to the House. The vote on passage was:Yeas—38Yeas—38Madam kiewiczRossinMadam czRossin
March 18, 1998ScottSilverSullivanThomasJOURNAL OF THE SENATETurnerWilliamsNays—NoneOn motion by Senator Turner, SB 16 as amended was passed andcertified to the House. The vote on passage was:Yea—HargrettYea to Nay—OstalkiewiczYeas—39SB 10—A bill to be entitled An act for the relief of the Estate of AliceBerdat, deceased; providing an appropriation to compensate the Estateof Alice Berdat for the death of Alice Berdat due to the negligence of theDepartment of Corrections; providing an effective date.—was read the third time by title.On motion by Senator Crist, SB 10 was passed and certified to theHouse. The vote on passage verSullivanThomasTurnerWilliamsMadam amsNays—1OstalkiewiczSB 26—A bill to be entitled An act providing for the relief of AdelaAzcuy, for injuries suffered as a result of the negligence of Dade County;providing for an appropriation; providing an effective date.—as amended March 9 was read the third time by title.On motion by Senator Turner, SB 26 as amended was passed andcertified to the House. The vote on passage was:Nays—2Latvalaa result of the negligence of the Dade County School Board; providingfor payment of Medicaid liens prior to disbursement of the warrant;providing an effective date.—as amended March 9 was read the third time by title.Vote after roll call:Madam asChildersClary171OstalkiewiczYeas—38Vote after roll call:Yea—Hargrett, HorneNay to Yea—OstalkiewiczSB 12—A bill to be entitled An act for the relief of Mary Beth Wiggers;providing an appropriation to compensate Mary Beth Wiggers for injuries she sustained due to the negligence of the Department of Corrections; providing an effective date.—was read the third time by title.Madam Nays—1On motion by Senator Crist, SB 12 was passed and certified to theHouse. The vote on passage was:KurthVote after roll call:Yeas—38Madam sRossinScottSilverSullivanThomasTurnerWilliamsYea to Nay—OstalkiewiczSB 30—A bill to be entitled An act relating to Collier County; providing for the relief of Franklin David Messick as Personal Representativeof the Estate of Arthur D. Messick; providing for an appropriation tocompensate him for the wrongful death of his son
ADOPTION OF RESOLUTIONS At the request of Senator Williams— By Senator Williams— SR 2238—A resolution designating March 16, 1998, as FSU Day in Tallahassee. WHEREAS, the Tallahassee campus of Florida State University is the oldest continuous site of higher education in Florida, and WHEREAS, Florida State University (FSU) was founded as an .
