Bill Text: FL H0001 | 2010 | Organizational Session | Introduced
Bill Title: Rules of the Florida House of Representatives
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-11-16 - Adopted -HJ 23 [H0001 Detail]
Download: Florida-2010-H0001-Introduced.html
HR 1O |
1 | |
2 | A resolution establishing the Rules of the House of |
3 | Representatives of the State of Florida for the 2010-2012 |
4 | term. |
5 | |
6 | Be It Resolved by the House of Representatives of the State of |
7 | Florida: |
8 | |
9 | That the following rules shall govern the House of |
10 | Representatives of the State of Florida for the 2010-2012 term: |
11 | |
12 | |
13 | |
14 | |
15 | |
16 | 1.1-Officers of the House |
17 | (a) CONSTITUTIONAL OFFICERS. Pursuant to Section 2 of |
18 | Article III of the Florida Constitution: |
19 | (1) The House shall choose a permanent presiding officer |
20 | designated Speaker. |
21 | (2) The House hereby designates as its clerk the Clerk of |
22 | the House (hereinafter "Clerk"), to be appointed and serve in |
23 | accordance with these rules. |
24 | (b) HOUSE LEADERSHIP. In addition to the Speaker, the |
25 | House shall choose a Speaker pro tempore, who shall serve in |
26 | accordance with Rule 2.5. The Speaker shall appoint a Majority |
27 | Leader from among the members of the Majority Conference to |
28 | serve at the pleasure of the Speaker. The Minority Conference |
29 | shall select a Minority Leader from among the members of the |
30 | Minority Conference. |
31 | (c) OTHER OFFICERS. The Speaker shall appoint a Clerk and |
32 | a Sergeant at Arms, who shall be employees of the House. |
33 | |
34 | 1.2-Political Party Conferences |
35 | Conference rules shall be interpreted and enforced solely by the |
36 | respective caucuses. |
37 | |
38 | 1.3-Seating Challenges |
39 | In the case of a contest for a seat in the House, notice setting |
40 | forth the specific grounds of such contest and the supporting |
41 | evidence must have been received by the Clerk not less than 5 |
42 | days before the organization session of the Legislature. No |
43 | motion to disqualify a member shall be in order at the |
44 | organization session until a Speaker has been elected in |
45 | accordance with the Florida Constitution. In the case of a |
46 | special election, notice must have been received by the Clerk |
47 | not less than 5 days before the next regular or special session |
48 | convenes. If the election is during a session or less than 5 |
49 | days before the next session, the notice must have been received |
50 | on the next legislative day following the receipt of certified |
51 | election results. A contest setting forth facts sufficient to |
52 | warrant review shall be referred by the Speaker to an |
53 | appropriate committee or subcommittee. The committee or |
54 | subcommittee shall conduct hearings as required and report its |
55 | findings and recommendations to the House. Upon receipt of the |
56 | committee or subcommittee report, the House shall convene with |
57 | all dispatch to determine the contest by a majority vote. |
58 | |
59 | |
60 | |
61 | 2.1-Presiding |
62 | The Speaker shall take the chair and call the House to order at |
63 | the hour appointed for meeting and, if a quorum is present, |
64 | shall proceed with the order of business. |
65 | |
66 | 2.2-Interpreting Rules |
67 | The Speaker shall interpret, apply, and enforce the Rules of the |
68 | House. |
69 | |
70 | 2.3-Deciding Questions of Order |
71 | (a) DETERMINATION BY THE SPEAKER. All questions of order |
72 | shall be presented to the Speaker for determination. The Speaker |
73 | may require the member raising a point of order to cite the rule |
74 | or other authority in support of the question. The Speaker may |
75 | decide the question of order, put such question to the House, or |
76 | refer such question to the Chair of the Rules & Calendar |
77 | Committee for a recommendation to the Speaker. Any decision of |
78 | the Speaker on a point of order is subject to an appeal to the |
79 | House made timely and separately by any five members. |
80 | (b) QUESTIONS OF ORDER ARISING IN COMMITTEE OR |
81 | SUBCOMMITTEE. A question of order may be certified by a |
82 | committee or subcommittee chair to the Speaker for determination |
83 | as any other question of order. A question of order decided in |
84 | committee or subcommittee may be appealed to the Speaker, |
85 | provided the appeal is announced in the committee or |
86 | subcommittee meeting, presented in writing, signed by two |
87 | members of the committee or subcommittee, and delivered to the |
88 | applicable chair prior to 4:30 p.m. the next day (excluding |
89 | Saturdays, Sundays, and official state holidays). The appeal |
90 | must then be immediately certified by the chair to the Speaker, |
91 | who shall decide the question as any other question of order. |
92 | The certification or appeal of a question arising in committee |
93 | or subcommittee does not constitute an automatic stay of further |
94 | action on the measure to which the question relates. |
95 | (c) APPEAL TO THE HOUSE. When a decision of the Speaker on |
96 | a question of order is appealed, the Speaker shall put the |
97 | appeal to the House. No member may speak more than once, or for |
98 | more than 3 minutes, on an appeal unless given leave by the |
99 | House by majority vote. |
100 | (d) DECISIONS NOT SUBJECT TO APPEAL. Responses to |
101 | parliamentary inquiries and decisions of recognition made by the |
102 | Speaker may not be appealed. |
103 | |
104 | 2.4-Execution of Documents |
105 | The Speaker shall sign all bills and all writs, warrants, and |
106 | subpoenas issued by order of the House, all of which shall be |
107 | attested to by the Clerk. The Speaker may delegate the authority |
108 | to sign papers authorizing payments or other papers of an |
109 | administrative nature. |
110 | |
111 | 2.5-Appointment of a Temporary Presiding Officer |
112 | (a) The Speaker may appoint any member to perform the |
113 | duties of presiding officer for a temporary period of time not |
114 | to extend beyond a single legislative day. |
115 | (b) If the Speaker is absent and has not appointed a |
116 | presiding officer pursuant to subsection (a), the Speaker pro |
117 | tempore shall act as presiding officer during the Speaker's |
118 | absence. However, if the Speaker pro tempore is also absent and |
119 | has not appointed a presiding officer pursuant to subsection |
120 | (a), the Chair of the Rules & Calendar Committee shall act as |
121 | presiding officer during the absence of both the Speaker and |
122 | Speaker pro tempore. |
123 | (c) Upon the Speaker's incapacity or other inability to |
124 | serve, the Speaker pro tempore shall exercise the duties, |
125 | powers, and prerogatives of the Speaker during the period of |
126 | such incapacity or other inability to serve. |
127 | (d) The Speaker pro tempore shall exercise the duties, |
128 | powers, and prerogatives of the Speaker in the event of the |
129 | Speaker's death or resignation until the Speaker's successor is |
130 | elected. |
131 | |
132 | 2.6-Protecting the Interests of the House |
133 | The Speaker may initiate, defend, intervene in, or otherwise |
134 | participate in any suit on behalf of the House, a committee or |
135 | subcommittee of the House, a member of the House (whether in the |
136 | legal capacity of member or otherwise), a former member of the |
137 | House, or an officer, employee, or agent of the House when the |
138 | Speaker determines that such suit is of significant interest to |
139 | the House. |
140 | |
141 | 2.7-Control of House Facilities |
142 | The Speaker shall have administrative control of the Chamber |
143 | when the House is not in session and of every other room, lobby, |
144 | and gallery of the House. |
145 | |
146 | |
147 | |
148 | 3.1-Membership |
149 | The House shall exercise its right to be the sole judge of the |
150 | qualifications, elections, and returns of its members. |
151 | |
152 | 3.2-Voting Obligation |
153 | Except when abstention is required, every member shall have an |
154 | obligation to vote on all matters that come before the House in |
155 | session or before any committee or subcommittee to which the |
156 | member is appointed. A member may not vote by proxy. A member |
157 | may register an electronic vote in the Chamber for another |
158 | member at the other member's specific request and direction, |
159 | provided the requesting member is in the Chamber during the |
160 | vote. |
161 | (a) ABSTENTION ON MATTERS OF SPECIAL PRIVATE GAIN OR LOSS. |
162 | A member may not vote on any measure that the member knows or |
163 | believes would inure to the member's special private gain or |
164 | loss. The member must disclose the nature of the member's |
165 | interest in the matter from which the member is required to |
166 | abstain. |
167 | (b) DISCLOSURE ON MATTERS OF SPECIAL PRIVATE GAIN OR LOSS |
168 | TO FAMILY OR PRINCIPALS. |
169 | (1) When voting on any measure that the member knows or |
170 | believes would inure to the special private gain or loss of: |
171 | a. Any principal by whom the member or the member's |
172 | spouse, parent, or child is retained or employed; |
173 | b. Any parent organization or subsidiary of a corporate |
174 | principal by which the member is retained or employed; or |
175 | c. A relative or business associate of the member, |
176 | |
177 | the member must disclose the nature of the interest of such |
178 | person in the outcome of the vote. |
179 | (2) For the purpose of this rule, the term: |
180 | a. "Relative" means any father, mother, son, daughter, |
181 | husband, wife, brother, sister, father-in-law, mother-in-law, |
182 | son-in-law, or daughter-in-law. |
183 | b. "Business associate" means any person or entity engaged |
184 | in or carrying on a business enterprise with the member as a |
185 | partner, joint venturer, corporate shareholder where the shares |
186 | of such corporation are not listed on any national or regional |
187 | stock exchange, or co-owner of property. |
188 | (c) METHODS OF DISCLOSURE. If the vote is taken on the |
189 | floor, disclosure under this rule or under any related law shall |
190 | be accomplished by filing with the Clerk, within 15 days after |
191 | the vote occurs, a memorandum the substance of which shall be |
192 | printed in the Journal. If the vote is taken in a committee or |
193 | subcommittee, the memorandum shall be filed, within 15 days |
194 | after the vote occurs, with the committee or subcommittee |
195 | administrative assistant, who shall file such memorandum in the |
196 | committee or subcommittee files and with the Clerk. |
197 | |
198 | 3.3-Attendance Obligation |
199 | (a) COMMITTEE AND SUBCOMMITTEE MEETING ATTENDANCE. A |
200 | member shall attend all meetings of committees and subcommittees |
201 | to which appointed unless excused by the chair or by the |
202 | Speaker. Excuse from a House session shall constitute excuse |
203 | from that day's meetings. Failure to attend two consecutive |
204 | meetings, unless excused, shall constitute automatic removal |
205 | from the committee or subcommittee and create a vacancy. Upon |
206 | notification of automatic removal, the Speaker may make an |
207 | appointment to fill such vacancy. |
208 | (b) SESSION ATTENDANCE. |
209 | (1) A member may not be absent from the sessions of the |
210 | House without approval from the Speaker. Upon written request of |
211 | a member submitted in a timely manner, the Speaker may, by |
212 | written notice to the Clerk, excuse the member from attendance |
213 | for any stated period. It shall be the responsibility of the |
214 | excused member to advise the Clerk when leaving and returning to |
215 | the Chamber. |
216 | (2) Any member who has answered roll call, either orally |
217 | or by electronic means, at the opening of any daily session, or |
218 | who enters after the initial quorum call and informs the Clerk |
219 | of the member's presence, shall thereafter be presumed present |
220 | unless necessarily prevented or leave of absence is obtained |
221 | from the Speaker. The Speaker shall make any determination as to |
222 | whether a member was necessarily prevented. |
223 | |
224 | 3.4-Open Meetings |
225 | (a) Subject to order and decorum, each member shall |
226 | provide reasonable access to members of the public to any |
227 | meeting between such member and more than one other member of |
228 | the Legislature, if such members of the public have requested |
229 | admission and such meeting has been prearranged for the purpose |
230 | of agreeing to take formal legislative action on pending |
231 | legislation or amendments at such meeting or at a subsequent |
232 | time. |
233 | (b) Subject to order and decorum, a member of the public |
234 | requesting admission shall have reasonable access to any meeting |
235 | between the Speaker, the Senate President, or the Governor, if |
236 | such meeting has been prearranged for the purpose of agreeing to |
237 | take formal legislative action on pending legislation or |
238 | amendments at a subsequent time. |
239 | (c) No meeting required by these rules to be open to |
240 | members of the public shall be conducted in the Members' Lounge, |
241 | at any location that is closed to the public, or at any location |
242 | that a participating member knows prohibits admission on the |
243 | basis of race, religion, gender, national origin, physical |
244 | disability, or similar classification. |
245 | (d) Meetings conducted in the Chamber of either the House |
246 | or the Senate while such body is in session shall be considered |
247 | to be held at a location providing reasonable access to, and to |
248 | be reasonably open to, the public. |
249 | (e) When the number of persons attending a meeting subject |
250 | to this rule must be limited because of space considerations or |
251 | otherwise for the maintenance of order or decorum, at least one |
252 | representative each of the print, radio, and television media |
253 | shall be included among the members of the public admitted, if |
254 | such persons have requested admission. |
255 | (f) For the purpose of this rule, and as used in Section 4 |
256 | of Article III of the Florida Constitution, legislation shall be |
257 | considered pending if filed with the Clerk. An amendment shall |
258 | be considered pending if it has been delivered to the |
259 | administrative assistant of a committee or subcommittee in which |
260 | the legislation is pending or to the Clerk, if the amendment is |
261 | to a bill that has been reported favorably by each committee or |
262 | subcommittee of reference, and the term "formal legislative |
263 | action" shall include any vote of the House or Senate, or of a |
264 | committee or subcommittee of either house, on final passage or |
265 | on a motion other than a motion to adjourn or recess. |
266 | |
267 | |
268 | |
269 | |
270 | 4.1-The Clerk |
271 | (a) The Clerk serves at the pleasure of the Speaker. The |
272 | Clerk shall: |
273 | (1) Be the custodian of all bills, resolutions, and |
274 | memorials. No member or other person may take possession of an |
275 | original bill, after filing, with the intention of depriving the |
276 | Legislature of its availability for consideration. |
277 | (2) Provide for the keeping of a complete record of |
278 | introduction and action on all bills, resolutions, and |
279 | memorials, including each number, each sponsor, each cosponsor, |
280 | a brief description of the subject matter, and each committee |
281 | and subcommittee reference. |
282 | (3) Keep a correct journal of proceedings of the House. |
283 | The Journal shall be numbered serially and published from the |
284 | first day of each session of the Legislature. |
285 | (4) Superintend the engrossing and transmitting of bills, |
286 | resolutions, and memorials and approve the enrolling of all |
287 | House bills. |
288 | (5) Sign and receive necessary papers in the name of the |
289 | House between a general election and election of the Speaker. |
290 | (6) Perform any other duties assigned by the Speaker. |
291 | (b) It shall be a ministerial duty of the Clerk to attest |
292 | to all writs issued by order of the House and to the passage of |
293 | all legislative measures. |
294 | |
295 | 4.2-The Sergeant at Arms |
296 | The Sergeant at Arms (hereinafter "Sergeant") serves at the |
297 | pleasure of the Speaker. The Sergeant shall attend the House |
298 | during its sittings and maintain order under the direction of |
299 | the Speaker or other presiding officer. In case of any |
300 | disturbance or disorderly conduct within the Chamber, corridors, |
301 | passages, lobby, galleries, and rooms of the House, whether in |
302 | the Capitol or elsewhere, the Speaker may order the Sergeant to |
303 | suppress the same and may order the Sergeant to remove any |
304 | person creating any disturbance. The Sergeant will ensure that |
305 | no person is admitted to the Chamber except in accordance with |
306 | these rules. The Sergeant shall oversee the security of the |
307 | House and its members when engaged in their constitutional |
308 | duties and perform other duties under the command and |
309 | supervision of the Speaker. |
310 | |
311 | 4.3-The Employees |
312 | The Speaker shall employ all employees of the House and shall |
313 | determine their qualifications, duties, hours of work, and |
314 | compensation, including perquisites and other benefits. All |
315 | employees work for and serve at the pleasure of the Speaker. The |
316 | Speaker has the right to dismiss any employee of the House |
317 | without cause, and the pay of such employee shall stop on the |
318 | designated day of dismissal. Except when operating under |
319 | direction from a member with authority over the designated |
320 | employee, no House employee shall seek to influence the passage |
321 | or rejection of proposed legislation. |
322 | |
323 | |
324 | |
325 | 5.1-"Bill" Stands for All Legislation |
326 | Except when the context otherwise indicates, "bill," as used in |
327 | these rules, means a bill, joint resolution, concurrent |
328 | resolution, resolution, memorial, or other measure upon which a |
329 | committee or subcommittee may be required to report. |
330 | |
331 | 5.2-Member Bill Filing Deadline |
332 | Filing deadlines for member bills shall be as follows: |
333 | (a) No general bill, local bill, joint resolution, |
334 | concurrent resolution (except one relating to extension of a |
335 | session or legislative organization or procedures), substantive |
336 | House resolution, or memorial shall be given first reading |
337 | unless approved for filing with the Clerk no later than noon of |
338 | the first day of the regular session. |
339 | (b) No ceremonial resolution shall be given first reading |
340 | unless approved for filing with the Clerk prior to the 46th day |
341 | of regular session. |
342 | |
343 | 5.3-Limitation on Member Bills Filed |
344 | (a) A member may not file more than six bills for a |
345 | regular session. For purposes of this rule, the member |
346 | considered to have filed a bill is the first-named sponsor of |
347 | the bill. |
348 | (1) Of the six bills for the 2011 regular session, at |
349 | least two must be approved for filing with the Clerk no later |
350 | than noon of the 6th Tuesday prior to the first day of that |
351 | regular session. |
352 | (2) Of the six bills for the 2012 regular session, at |
353 | least two must be approved for filing with the Clerk no later |
354 | than noon of the 5th Tuesday prior to the first day of that |
355 | regular session. |
356 | (b) Bills not counted toward these limits include: |
357 | (1) Local bills, including local claim bills. |
358 | (2) Ceremonial House resolutions. |
359 | (3) Memorials. |
360 | (4) Concurrent resolutions relating to extension of a |
361 | session or legislative organization or procedures. |
362 | (5) Trust fund bills adhering to another bill. |
363 | (6) Public records or public meetings exemption bills |
364 | adhering to another bill. |
365 | (7) General bills adhering to a joint resolution. |
366 | (8) Bills that only repeal or delete, without substantive |
367 | replacement, provisions of the Florida Statutes or Laws of |
368 | Florida. |
369 | (9) Bills withdrawn from further consideration prior to |
370 | the applicable filing deadline. |
371 | (c) A member may file an additional bill after the first |
372 | committee or subcommittee of reference reports a repealer bill |
373 | as described in paragraph (b)(8) favorably or favorably as a |
374 | committee or subcommittee substitute. The additional bill must |
375 | be approved for filing with the Clerk by noon of the 21st day of |
376 | regular session. No more than three additional bills may be |
377 | filed under this subsection. |
378 | |
379 | 5.4-Forms of Measures; Sponsorship Transactions |
380 | (a) To be acceptable for introduction, all bills shall be |
381 | produced in accordance with standards approved by the Speaker. |
382 | (b) No member may be added or deleted as a sponsor or |
383 | cosponsor of a bill without the member's consent. A member |
384 | desiring to be a cosponsor must submit to the Clerk a |
385 | cosponsorship request agreed to by the first-named sponsor. A |
386 | member may withdraw as a cosponsor by submitting a request to |
387 | the Clerk. |
388 | (c) Bills that propose to amend existing provisions of law |
389 | shall contain the full text of the section, subsection, or |
390 | paragraph to be amended. Joint resolutions that propose to amend |
391 | the Florida Constitution shall contain the full text of the |
392 | section to be amended. As to those portions of general bills and |
393 | joint resolutions that propose to amend existing provisions of |
394 | the Florida Statutes or the Florida Constitution, words to be |
395 | added shall be inserted in the text underlined and words to be |
396 | deleted shall be lined through with hyphens. If the change in |
397 | language is so general that the use of these procedures would |
398 | hinder, rather than assist, the understanding of the amendment, |
399 | it is not necessary to use the coded indicators of words added |
400 | or deleted, but, in lieu thereof, a notation similar to the |
401 | following shall be inserted immediately preceding the affected |
402 | section of the bill: "Substantial rewording of section. See s. |
403 | . . . . , F.S., for present text." When such a notation is used, |
404 | the notation, as well as the substantially reworded text, shall |
405 | be underlined. The words to be deleted and the above-described |
406 | indicators of such words and of new material are for information |
407 | and guidance and do not constitute a part of the bill under |
408 | consideration. Numerals in the margins of the line-numbered |
409 | pages do not constitute a part of the bill and are shown on each |
410 | page only for convenience in identifying lines. Section |
411 | catchlines of existing text shall not be underlined, nor shall |
412 | any other portion of a bill covered by this rule other than new |
413 | material. |
414 | |
415 | 5.5-Local Bills |
416 | (a) If the substance of a local bill may be enacted into |
417 | law by ordinance of a local governing body without the legal |
418 | need for a referendum, no committee or subcommittee may report |
419 | the bill favorably. |
420 | (b) A local bill that provides an exemption from general |
421 | law may not be placed on the Special Order Calendar in any |
422 | section reserved for the expedited consideration of local bills. |
423 | (c) All local bills, including local claim bills, must |
424 | either, as required by Section 10 of Article III of the Florida |
425 | Constitution, embody provisions for a ratifying referendum |
426 | (stated in the title as well as in the text of the bill) or be |
427 | accompanied by an affidavit of proper advertisement, securely |
428 | attached to the original bill ahead of its first page. |
429 | |
430 | 5.6-Claim Bills |
431 | (a) The Speaker may appoint a Special Master to review a |
432 | claim bill or conduct a hearing, if necessary. The Special |
433 | Master may administer an oath to all witnesses, accept relevant |
434 | documentary and tangible evidence offered as deemed necessary, |
435 | and record the hearing. The Special Master may prepare a final |
436 | report containing findings of fact, conclusions of law, and |
437 | recommendations. The report shall be signed by the Special |
438 | Master, who shall be available, in person, to explain his or her |
439 | report to any committee or subcommittee of reference. |
440 | (b) Stipulations entered into by the parties are not |
441 | binding on the Special Master or the House or any of its |
442 | committees or subcommittees. |
443 | (c) The hearing and consideration of a claim bill shall be |
444 | held in abeyance until all available administrative and judicial |
445 | remedies have been exhausted, except that the hearing and |
446 | consideration of a claim that is still within the judicial or |
447 | administrative system may proceed when the parties have executed |
448 | a written settlement agreement. |
449 | |
450 | 5.7-Reviser's Bills |
451 | Reviser's bills shall be introduced by the Rules & Calendar |
452 | Committee, which may request prior review by another committee |
453 | or subcommittee. |
454 | |
455 | 5.8-Legislative Reapportionment and Congressional Redistricting |
456 | Bills and Amendments |
457 | Bills and amendments proposing any reapportionment or |
458 | redistricting of the state's legislative or congressional |
459 | districts shall be submitted to the Redistricting Committee in |
460 | the form prescribed by the Speaker. The committee staff of the |
461 | Redistricting Committee shall submit such proposals to the House |
462 | Bill Drafting Service as requested by the sponsor. After final |
463 | drafting, approval for filing shall be in the ordinary manner. |
464 | |
465 | 5.9-Memorials |
466 | A memorial expresses the opinion of the Legislature to the |
467 | federal government. All memorials shall contain the resolving |
468 | clause "Be It Resolved by the Legislature of the State of |
469 | Florida:". |
470 | |
471 | 5.10-House Resolutions; Concurrent Resolutions; Tributes |
472 | (a) All House resolutions and all concurrent resolutions |
473 | originating in the House shall contain a title and a resolving |
474 | clause. In the case of House resolutions, the resolving clause |
475 | shall be "Be It Resolved by the House of Representatives of the |
476 | State of Florida:". In the case of concurrent resolutions |
477 | originating in the House, the resolving clause shall be "Be It |
478 | Resolved by the House of Representatives of the State of |
479 | Florida, the Senate Concurring:". Concurrent resolutions |
480 | originating in the House shall present only questions pertaining |
481 | to extension of a session, enactment of joint rules, |
482 | ratification of federal constitutional amendments, |
483 | communications with the judiciary, actions taken pursuant to |
484 | federal law not requiring gubernatorial approval, or other |
485 | exclusively legislative matters. |
486 | (b) All ceremonial House resolutions shall be reviewed and |
487 | approved by the Chair of the Rules & Calendar Committee before |
488 | introduction. |
489 | (c) Copies of House resolutions shall be furnished by the |
490 | Clerk. The Secretary of State shall be requested to prepare |
491 | certified copies of concurrent resolutions after their adoption. |
492 | (d) Any matter commemorating local achievement, |
493 | condolences, or other recognition shall be prepared in |
494 | accordance with standards approved by the Speaker as an |
495 | individual tribute for the member sponsoring the measure. |
496 | |
497 | 5.11-Bills Filed During an Interim |
498 | During the period between the organization session and the |
499 | convening of the first regular session of the legislative |
500 | biennium and during the period between the first and second |
501 | regular sessions of the legislative biennium, members may file |
502 | for introduction bills that have been prepared or reviewed by |
503 | the House Bill Drafting Service. |
504 | |
505 | 5.12-Requirements for Introduction |
506 | (a) All bills (other than an appropriations bill, |
507 | concurrent resolutions relating to organization of the |
508 | Legislature, resolutions relating to organization of the House, |
509 | concurrent resolutions pertaining to extension of a session, |
510 | reviser's bills, bills proposing any reapportionment or |
511 | redistricting of the state's legislative or congressional |
512 | districts, and recall of acts from the Governor) shall either be |
513 | prepared or, in the case of local bills, reviewed by the House |
514 | Bill Drafting Service. After completion and delivery by the |
515 | House Bill Drafting Service, no change may be made in the text |
516 | or title of the bill without returning the bill to the House |
517 | Bill Drafting Service prior to filing. |
518 | (b) The House Bill Drafting Service shall notify any |
519 | member proposing a bill of any identical or substantially |
520 | similar bill that has been filed and the name of the sponsor of |
521 | such bill. |
522 | |
523 | 5.13-Identification |
524 | Each bill shall be given a number and filed with the Clerk by |
525 | the House Bill Drafting Service. Bills shall be serially |
526 | numbered in an odd-numbered sequence, except that bills of a |
527 | similar type may be serially numbered separately. The Clerk |
528 | shall validate the original copy of each bill, and each page |
529 | thereof, to ensure its identification as the item introduced in |
530 | order to prevent unauthorized or improper substitutions |
531 | therefor. |
532 | |
533 | 5.14-Companion Measures |
534 | A companion Senate bill must be substantially similar in |
535 | wording, and identical as to specific intent and purpose, to the |
536 | House bill for which it is being substituted. Whenever a House |
537 | bill is reached on the floor for consideration, either on second |
538 | or third reading, and there is also pending on the Calendar of |
539 | the House a companion bill already passed by the Senate, it |
540 | shall be in order to move that the Senate companion bill be |
541 | substituted and considered in lieu of the House bill. Such |
542 | motion may be adopted by a majority vote, provided the Senate |
543 | bill is on the same reading; otherwise, the motion shall be to |
544 | waive the rules by a two-thirds vote and substitute such Senate |
545 | bill. At the moment the House substitutes the Senate companion |
546 | bill or takes up a Senate bill in lieu of a House bill, the |
547 | House bill so replaced shall be automatically tabled. |
548 | |
549 | |
550 | |
551 | 6.1-Speaker to Refer Legislation |
552 | The authority to make bill referrals rests with the Speaker, |
553 | except as otherwise provided in these rules. |
554 | |
555 | 6.2-Reference: Generally |
556 | (a) Bills, upon filing or introduction, whether House or |
557 | Senate, may be referred by the Speaker to one or more committees |
558 | or subcommittees or any combination thereof or to the Calendar |
559 | of the House. The order of reference shall be determined by the |
560 | Speaker. |
561 | (b) References of bills and the nature of any documents |
562 | referred shall be recorded in the Journal. |
563 | |
564 | 6.3-Reference: Exception |
565 | A Senate bill with a House companion may be paired with the |
566 | companion House bill at whatever its stage of consideration, |
567 | provided both bills are on the same reading. |
568 | |
569 | 6.4-Reference of Resolutions, Concurrent Resolutions: Exception |
570 | Resolutions on House organization and concurrent resolutions |
571 | pertaining to extension of the session may be taken up upon |
572 | motion and adopted at the time of introduction without |
573 | reference. |
574 | |
575 | 6.5-Appropriations or Tax Measures: Withdrawal from a Fiscal |
576 | Committee or Subcommittee; Additional Reference |
577 | (a) A bill in the possession of a fiscal committee or |
578 | subcommittee that has been amended by report from a committee or |
579 | subcommittee of previous reference to remove its fiscal impact |
580 | may be withdrawn from the fiscal committee or subcommittee on a |
581 | point of order raised by the committee chair of the fiscal |
582 | committee having possession of the bill or jurisdiction over the |
583 | subcommittee having possession of the bill. |
584 | (b) If an amendment adopted on the floor of the House |
585 | affects an appropriation or a tax matter, upon a point of order |
586 | made by the chair or vice chair of a fiscal committee, the bill |
587 | may be referred by the Speaker, with the amendment, to an |
588 | appropriate committee or subcommittee. If the bill, as amended |
589 | on the floor, is reported favorably without further amendment, |
590 | it shall be returned to the same reading as when referred. If |
591 | the bill, as amended on the floor, is reported favorably with |
592 | further amendment, it shall be returned to second reading. |
593 | |
594 | 6.6-Reference of Veto Messages |
595 | The Speaker may refer veto messages to the appropriate committee |
596 | or subcommittee for a recommendation. |
597 | |
598 | |
599 | |
600 | |
601 | |
602 | 7.1-Standing Committees and Subcommittees |
603 | (a) The following standing committees, and the standing |
604 | subcommittees within their respective jurisdictions, are |
605 | established: |
606 | (1) Appropriations Committee. |
607 | a. Agriculture & Natural Resources Appropriations |
608 | Subcommittee. |
609 | b. Government Operations Appropriations Subcommittee. |
610 | c. Health Care Appropriations Subcommittee. |
611 | d. Higher Education Appropriations Subcommittee. |
612 | e. Justice Appropriations Subcommittee. |
613 | f. PreK-12 Appropriations Subcommittee. |
614 | g. Transportation & Economic Development Appropriations |
615 | Subcommittee. |
616 | (2) Economic Affairs Committee. |
617 | a. Business & Consumer Affairs Subcommittee. |
618 | b. Community & Military Affairs Subcommittee. |
619 | c. Economic Development & Tourism Subcommittee. |
620 | d. Insurance & Banking Subcommittee. |
621 | e. Transportation & Highway Safety Subcommittee. |
622 | (3) Education Committee. |
623 | a. K-20 Competitiveness Subcommittee. |
624 | b. K-20 Innovation Subcommittee. |
625 | (4) Finance & Tax Committee. |
626 | (5) Health & Human Services Committee. |
627 | a. Health & Human Services Access Subcommittee. |
628 | b. Health & Human Services Quality Subcommittee. |
629 | (6) Judiciary Committee. |
630 | a. Civil Justice Subcommittee. |
631 | b. Criminal Justice Subcommittee. |
632 | (7) Redistricting Committee. |
633 | a. Congressional Redistricting Subcommittee. |
634 | b. House Redistricting Subcommittee. |
635 | c. Senate Redistricting Subcommittee. |
636 | (8) Rules & Calendar Committee. |
637 | a. Rulemaking & Regulation Subcommittee. |
638 | (9) State Affairs Committee. |
639 | a. Agriculture & Natural Resources Subcommittee. |
640 | b. Energy & Utilities Subcommittee. |
641 | c. Federal Affairs Subcommittee. |
642 | d. Government Operations Subcommittee. |
643 | (b) For purposes of these rules, the term "committee" |
644 | includes subcommittee, except where the context indicates |
645 | otherwise. |
646 | |
647 | 7.2-Committee and Subcommittee Appointments |
648 | The Speaker may appoint the chair, the vice chair, and any co- |
649 | chairs as he or she deems necessary, as well as all members, for |
650 | each standing House committee and subcommittee. The Speaker may |
651 | appoint the House chair and all House members of each conference |
652 | committee, joint committee, and joint select committee created |
653 | by agreement of the House and Senate or of the Speaker and the |
654 | Senate President. The Speaker shall give written notice of each |
655 | such appointment to the Clerk for publication. After the Speaker |
656 | has made committee and subcommittee appointments, the Minority |
657 | Leader may name a Minority Conference member of any committee or |
658 | subcommittee as "ranking member" of that committee or |
659 | subcommittee, subject to the approval of the Speaker. |
660 | |
661 | 7.3-Powers of the Chair |
662 | A committee or subcommittee chair has authority to sign all |
663 | notices, vouchers, and reports required or permitted by these |
664 | rules. The chair has authority, subject to approval by the |
665 | Speaker, to sign all subpoenas issued under these rules. The |
666 | chair has all authority necessary to ensure the orderly |
667 | operation of the committee or subcommittee, including, but not |
668 | limited to, presiding over meetings, establishing each meeting |
669 | agenda, determining the order in which matters are to be taken |
670 | up, recognizing or not recognizing non-member presenters, and |
671 | deciding questions of order. Decisions on questions of order may |
672 | be appealed pursuant to Rule 2.3(b), but there shall be no |
673 | appeal of the chair's recognition. |
674 | |
675 | 7.4-Absence of the Chair |
676 | In the absence of the chair and all co-chairs, the vice chair, |
677 | if any, shall assume the duty to convene and preside over |
678 | meetings and such other duties as the Speaker may assign, unless |
679 | a temporary chair has been appointed by the Speaker. During a |
680 | meeting properly convened, the presiding chair, vice chair, or |
681 | temporary chair may temporarily assign the duty to preside at |
682 | that meeting to another committee or subcommittee member until |
683 | the assignment is relinquished or revoked. |
684 | |
685 | 7.5-Term of Appointment |
686 | All standing committee or subcommittee chairs, vice chairs, and |
687 | members serve at the pleasure of the Speaker. All standing |
688 | committee and subcommittee appointments made by the Speaker in |
689 | accordance with Rule 7.2 shall be made prior to the convening of |
690 | each regular session and shall expire on July 1 of odd-numbered |
691 | years or, if the Legislature is convened in special or extended |
692 | session on that date, upon adjournment sine die of such session. |
693 | |
694 | 7.6-Creation of Select Committees |
695 | At any time, the Speaker may create a select committee and shall |
696 | appoint the membership and name the chair and vice chair. A |
697 | select committee may include the entire membership of the House. |
698 | A select committee has the jurisdiction, authority, and powers |
699 | and duties assigned to it by the Speaker and exists for the |
700 | period of time specified by the Speaker. The Speaker shall give |
701 | written notice of the creation of a select committee to the |
702 | Clerk for publication. |
703 | |
704 | 7.7-Ex officio Members |
705 | The Speaker may designate the Speaker pro tempore or the |
706 | Majority Leader as an ex officio, voting member of any committee |
707 | or subcommittee. In addition, the Speaker may designate a |
708 | committee chair as an ex officio, voting member of any |
709 | subcommittee within the committee's jurisdiction. The |
710 | designation shall be made in writing and addressed to the chair |
711 | of the committee or subcommittee. Prior to the start of the |
712 | committee or subcommittee meeting, a copy of the designation |
713 | shall be provided to the Minority Leader. Only one ex officio |
714 | member may sit and vote at a time on any one committee or |
715 | subcommittee. |
716 | |
717 | 7.8-Meetings of Committees and Subcommittees |
718 | Committees and subcommittees shall meet only within the dates, |
719 | times, and locations designated or authorized by the Speaker. |
720 | Committees and subcommittees shall meet at the call of the |
721 | chair. |
722 | |
723 | 7.9-Consideration of Proposed Committee and Subcommittee Bills |
724 | Before a standing committee or subcommittee may consider a |
725 | proposed committee or subcommittee bill, the chair shall submit |
726 | a written request to the Speaker for approval. A request for |
727 | approval to consider a proposed subcommittee bill shall be |
728 | cosigned by the chair of the committee with jurisdiction over |
729 | the subcommittee. In introducing a proposed committee or |
730 | subcommittee bill, the chair must designate a member of the |
731 | committee or subcommittee as first-named cosponsor, with the |
732 | approval of such member. |
733 | |
734 | 7.10-Conference Committees |
735 | (a) The Speaker shall determine the number of House |
736 | managers needed for all conference committees. A conference |
737 | committee report shall require the affirmative votes of a |
738 | majority of the managers on the part of each house. Such reports |
739 | may recommend action on amendments previously adopted by the |
740 | House or Senate, recommend action on additional compromise |
741 | amendments, or offer an amendment deleting everything after the |
742 | enacting clause. New amendments recommended by the conference |
743 | committee shall accompany the report. |
744 | (b) The receiving of conference committee reports shall |
745 | always be in order, except when the House is voting on any |
746 | proposition. When a conference committee report is presented to |
747 | the House, the procedure shall be: |
748 | (1) First to vote on a motion to accept the report in its |
749 | entirety. The motion shall not be subject to amendment. If this |
750 | vote fails, the report shall be automatically recommitted to the |
751 | conference committee. |
752 | (2) If the report is accepted, the final vote shall be a |
753 | roll call on the passage of the bill as amended by the report. |
754 | The bill as amended by the report is not subject to further |
755 | amendment. |
756 | (c) When House managers report inability of a conference |
757 | committee to agree, no action of the House taken prior to such |
758 | appointment shall preclude further action by the House as the |
759 | House may determine. |
760 | |
761 | |
762 | |
763 | 7.11-Scheduling Committee and Subcommittee Meetings |
764 | (a) NOTICE OF COMMITTEE AND SUBCOMMITTEE MEETINGS. Any |
765 | committee or subcommittee meeting to be held for the purpose of |
766 | considering legislation must be noticed. The committee or |
767 | subcommittee administrative assistant shall provide electronic |
768 | or paper copies of the notice to the Clerk for publication and |
769 | to the House Majority Office, the House Minority Office, the |
770 | members of the committee or subcommittee, and the first-named |
771 | sponsor of each bill noticed. |
772 | (b) CONTENT OF MEETING NOTICE. The notice shall state the |
773 | date, time, and place of the meeting and, for each bill to be |
774 | considered, the bill or proposed bill number and a portion of |
775 | the title sufficient for identification. Except with respect to |
776 | bills retained on reconsideration under Rule 7.16 and committee |
777 | or subcommittee substitutes under Rule 7.19, only such bills as |
778 | are included on the notice of a committee or subcommittee |
779 | meeting may be considered at that meeting. |
780 | (c) PROPOSED BILLS TO BE AVAILABLE. A copy of each |
781 | proposed bill noticed for consideration must be available to |
782 | each committee or subcommittee member no later than the time of |
783 | providing notice of the meeting. |
784 | (d) NOTICE DEADLINE BETWEEN SESSIONS. During the period |
785 | when the Legislature is not in session, before any committee or |
786 | subcommittee holds a meeting for the purpose of considering |
787 | legislation a notice of such meeting shall be provided no later |
788 | than 4:30 p.m. of the 7th day before the meeting. |
789 | (e) NOTICE DEADLINES DURING SESSIONS. During the first 45 |
790 | days of a regular session, notice shall be provided no later |
791 | than 4:30 p.m. of the 2nd day (excluding Saturdays, Sundays, and |
792 | official state holidays) before the committee or subcommittee |
793 | meeting for the purpose of considering legislation. After the |
794 | 45th day of a regular session and during any extended session, |
795 | the notice shall be provided no later than 4:30 p.m. on the day |
796 | (including Saturdays, Sundays, and official state holidays) |
797 | before the committee or subcommittee meeting. During any special |
798 | session, the notice shall be provided no later than 2 hours |
799 | before the committee or subcommittee meeting. |
800 | (f) NOTICE OF NOT MEETING. If a committee or subcommittee |
801 | is authorized and scheduled for a meeting by the Speaker but |
802 | does not plan to meet, a notice stating that no meeting will be |
803 | held shall be provided in the time and manner of noticing a |
804 | meeting. |
805 | (g) AMENDED NOTICE AND CANCELLATION. At any time prior to |
806 | a noticed meeting, a bill or other item may be removed from a |
807 | meeting notice or the meeting may be canceled by providing an |
808 | amended notice. |
809 | (h) CLERK DUTIES. The Clerk shall promptly publish the |
810 | content of meeting notices in accordance with policies approved |
811 | by the Speaker. |
812 | (i) CONTINUATION AFTER NOTICED TIME. If the majority of |
813 | committee or subcommittee members present agree, a committee or |
814 | subcommittee may continue the consideration of properly noticed |
815 | legislation after the expiration of the time called for the |
816 | meeting or may temporarily recess to continue the meeting at a |
817 | time and place certain on the same day. However, a committee or |
818 | subcommittee may not meet beyond the time authorized or in a |
819 | place not authorized by the Speaker without special leave |
820 | granted by the Speaker. |
821 | (j) RULES & CALENDAR COMMITTEE EXEMPT FROM NOTICE |
822 | DEADLINE. The Rules & Calendar Committee shall be exempt from |
823 | the notice deadlines of this rule except when meeting to |
824 | consider the substance of legislation. |
825 | |
826 | 7.12-Amendment Deadlines in Committee and Subcommittee |
827 | (a) Amendments may be offered in any committee or |
828 | subcommittee by any member of the House, subject to the |
829 | following deadlines: |
830 | (1) For the period when the Legislature is not in session, |
831 | and during the first 45 days of a regular session, an amendment |
832 | by a member who is not a member of the committee or subcommittee |
833 | considering the bill shall be filed by 6 p.m. of the day |
834 | (excluding Saturdays, Sundays, and official state holidays) |
835 | prior to the committee or subcommittee meeting. |
836 | (2) After the 45th day of a regular session and during any |
837 | extended session, an amendment by a member who is not a member |
838 | of the committee or subcommittee considering the bill shall be |
839 | filed by 6 p.m. of the day (including Saturdays, Sundays, and |
840 | official state holidays) prior to the committee or subcommittee |
841 | meeting. |
842 | (3) During any special session, an amendment by a member |
843 | who is not a member of the committee or subcommittee considering |
844 | the bill shall be filed no later than 1 hour prior to the |
845 | committee or subcommittee meeting. |
846 | (b) Notwithstanding the foregoing, subject to approval by |
847 | a majority vote of the House, the Rules & Calendar Committee may |
848 | establish special amendment deadlines and procedures for |
849 | appropriations bills, implementing bills, and conforming bills, |
850 | as defined in Rule 12.5, as well as for bills proposing any |
851 | reapportionment or redistricting of the state's legislative or |
852 | congressional districts. |
853 | |
854 | 7.13-Quorum of Committee or Subcommittee |
855 | A majority of any committee's or subcommittee's members shall |
856 | constitute a quorum necessary for the transaction of business. |
857 | An ex officio member shall not be counted for purposes of |
858 | determining a quorum. |
859 | |
860 | 7.14-Meeting during House Sessions |
861 | No committee or subcommittee shall meet while the House is in |
862 | session without special leave of the Speaker. |
863 | |
864 | 7.15-Voting in Committee or Subcommittee |
865 | (a) Every vote on final consideration of a bill in |
866 | committee or subcommittee shall be taken by the yeas and nays, |
867 | and the names of the members voting for and against, as well as |
868 | the names of members absent, shall be recorded on the committee |
869 | or subcommittee report. Upon the request of any two members, the |
870 | vote of each member shall be recorded on any other question and |
871 | all such votes shall be reported with the committee or |
872 | subcommittee report. |
873 | (b) An absent member may submit an indication of how the |
874 | member would have voted had the member been present, but this |
875 | shall not be counted on a roll call. If submitted after the |
876 | committee or subcommittee report has been filed, such votes |
877 | after roll call shall be filed with the committee or |
878 | subcommittee administrative assistant, who shall file them in |
879 | the committee or subcommittee files and with the Clerk. |
880 | |
881 | 7.16-Reconsideration in Committee or Subcommittee |
882 | A motion for reconsideration in committee or subcommittee shall |
883 | be treated in the following manner: |
884 | (a) When a main question has been decided by a committee |
885 | or subcommittee, any member voting with the prevailing side, or |
886 | any member when the vote was a tie, may move for |
887 | reconsideration. |
888 | (b) Any member voting on the prevailing side on passage or |
889 | defeat of a bill may, as a matter of right, serve notice that |
890 | the bill be retained through the next committee or subcommittee |
891 | meeting for the purpose of reconsideration. Such notice by an |
892 | individual member may be set aside by adoption of a motion to |
893 | report the bill immediately, which shall require a two-thirds |
894 | vote. No bill may be retained under this provision after the |
895 | 40th day of a regular session or during any extended or special |
896 | session. |
897 | (c) A motion to reconsider a collateral matter must be |
898 | disposed of during the course of consideration of the main |
899 | subject to which it is related. |
900 | (d) If a bill has been retained under subsection (b), any |
901 | member may move for its reconsideration at the next meeting of |
902 | the committee or subcommittee. The retained bill is not required |
903 | to be included on the committee or subcommittee meeting notice. |
904 | (e) If the committee or subcommittee refuses to reconsider |
905 | or, upon reconsideration, confirms its prior decision, no |
906 | further motion to reconsider shall be in order except upon |
907 | unanimous consent of the committee or subcommittee members |
908 | present. |
909 | (f) If a bill is not retained under subsection (b), it |
910 | shall be promptly reported to the Clerk. |
911 | |
912 | 7.17-Reports on Bills |
913 | A committee or subcommittee may report a House bill unfavorably, |
914 | favorably, or favorably with a committee or subcommittee |
915 | substitute. A committee or subcommittee may report a Senate bill |
916 | favorably, favorably with one or more amendments, or |
917 | unfavorably. A bill may not be reported without recommendation. |
918 | A motion to lay a bill on the table shall be construed as a |
919 | motion to report the bill unfavorably. |
920 | |
921 | 7.18-Bill Reported Unfavorably by a Committee or Subcommittee |
922 | A bill reported unfavorably by a committee or subcommittee shall |
923 | be laid on the table. |
924 | |
925 | 7.19-Committee and Subcommittee Substitutes |
926 | (a) A standing committee or subcommittee may introduce a |
927 | committee or subcommittee substitute embracing the same general |
928 | subject matter of one or more bills in possession of the |
929 | committee or subcommittee. If the original bill or bills are |
930 | noticed, no further notice is required. If a proposed committee |
931 | or subcommittee substitute is noticed in the manner required for |
932 | a proposed committee or subcommittee bill, the original bill or |
933 | bills need not be noticed. Upon the reporting of a committee or |
934 | subcommittee substitute, the original bill or bills shall be |
935 | laid on the table of the House. |
936 | (b) Committee and subcommittee substitutes shall be |
937 | prepared by the House Bill Drafting Service and filed with the |
938 | Clerk. |
939 | (c) No later than the day (excluding Saturdays, Sundays, |
940 | and official state holidays) after it is filed by the committee |
941 | or subcommittee, a committee or subcommittee substitute shall be |
942 | read a first time and be subject to referral by the Speaker. |
943 | |
944 | 7.20-Subpoena Powers |
945 | The standing committees and subcommittees of the House may |
946 | exercise subpoena power and issue other necessary legal process |
947 | pursuant to Rule 16. |
948 | |
949 | 7.21-Administration of Oaths |
950 | Whenever desired by a committee or subcommittee, the chair or |
951 | any other member of the committee or subcommittee may administer |
952 | oaths and affirmations in the manner prescribed by law to any |
953 | witness appearing before such committee or subcommittee for the |
954 | purpose of testifying in any matter about which such committee |
955 | or subcommittee may require sworn testimony, provided the record |
956 | of a statement made under oath in committee or subcommittee may |
957 | not be used to controvert a factual determination of the |
958 | Legislature. |
959 | |
960 | 7.22-Procedure in Conference Committees |
961 | Conference committee meeting notices shall be published not less |
962 | than 1 hour prior to the time scheduled for the meeting. Each |
963 | conference committee may determine its own procedures and select |
964 | a member to preside, provided a majority of managers of each |
965 | house agree. |
966 | |
967 | 7.23-Open Meetings; Decorum |
968 | (a) All meetings of committees and subcommittees shall be |
969 | open to the public at all times, subject always to the authority |
970 | of the chair to maintain order and decorum; however, when |
971 | reasonably necessary for security purposes or the protection of |
972 | a witness, a chair, with the concurrence of the Speaker and the |
973 | Minority Leader, may close a meeting or portion thereof, and the |
974 | record of such meeting may not disclose the identity of any |
975 | witness appearing before the committee or subcommittee during a |
976 | closed session. |
977 | (b) The chair shall exercise all authority necessary to |
978 | maintain order and decorum, including the authority to impose |
979 | time limitations on testimony and presentations by non-members |
980 | and to require all persons attending a committee or subcommittee |
981 | meeting to silence all audible electronic equipment. |
982 | |
983 | |
984 | |
985 | 7.24-Oversight Powers and Responsibilities of Standing |
986 | Committees and Subcommittees |
987 | (a) Each standing committee or subcommittee is authorized |
988 | to exercise all powers authorized for committees pursuant to s. |
989 | 11.143, Florida Statutes, to carry out oversight |
990 | responsibilities within its respective subject matter |
991 | jurisdiction. For purposes of this rule, the Speaker shall |
992 | determine the subject matter jurisdiction of each committee or |
993 | subcommittee. |
994 | (b) Select committees shall exercise committee powers |
995 | authorized by s. 11.143, Florida Statutes, whenever specifically |
996 | authorized in writing by the Speaker. |
997 | (c) Each committee or subcommittee shall exercise other |
998 | oversight powers and responsibilities vested in the House |
999 | whenever specifically authorized by the Speaker. |
1000 | (d) Each committee or subcommittee shall conduct other |
1001 | business as directed by the Speaker. |
1002 | |
1003 | |
1004 | |
1005 | |
1006 | |
1007 | 8.1-Privilege of the Floor |
1008 | (a) MEMBERS' ACCESS. Members of the House shall have the |
1009 | exclusive right to enter the Chamber during sessions, and no |
1010 | other person shall be admitted unless granted privilege of the |
1011 | floor as provided below. |
1012 | (b) PRIVILEGED GUESTS. The Governor, the Lieutenant |
1013 | Governor, the Chief Financial Officer, the Attorney General, the |
1014 | Commissioner of Agriculture, members of the Senate, Justices of |
1015 | the Supreme Court, former members of the House, the Doctor of |
1016 | the Day, and the Guest Chaplain are granted the privilege of the |
1017 | floor; however, no registered lobbyist may be so admitted. |
1018 | (c) EMPLOYEES' ADMISSION. House employees may be admitted |
1019 | to the Chamber as determined by the Speaker. |
1020 | (d) OTHER GUESTS. Other guests may be granted the |
1021 | privilege of the floor by the Speaker or by the House. |
1022 | (e) RESTRICTIONS ON NON-MEMBERS. Persons granted the |
1023 | privilege of the floor may not lobby the members while the House |
1024 | is in session, unless granted leave to address the House. |
1025 | (f) SESSION ATTIRE. When the House is in session, all |
1026 | persons in the Chamber shall be dressed in proper business |
1027 | attire. |
1028 | |
1029 | |
1030 | |
1031 | 8.2-Addressing the House; Requirements to Spread Remarks upon |
1032 | the Journal |
1033 | (a) When a member desires to speak or deliver any matter |
1034 | to the House, the member shall rise and respectfully address the |
1035 | Speaker as "Mr. (or Madam) Speaker" and shall confine all |
1036 | remarks to the question under debate, avoiding personalities. |
1037 | Once recognized, a member may speak from the member's desk or |
1038 | may, with the Speaker's permission, speak from the well. |
1039 | (b) Any motion to spread remarks upon the Journal, except |
1040 | those of the Governor or the Speaker, shall be referred to the |
1041 | Chair of the Rules & Calendar Committee for recommendation |
1042 | before being put to the House. |
1043 | |
1044 | 8.3-When Two Members Rise at Once |
1045 | When two or more members rise at once, the Speaker shall name |
1046 | the one who is to speak first. This decision shall be final and |
1047 | not open to debate or appeal. |
1048 | |
1049 | 8.4-Recognition of Members |
1050 | There shall be no appeal of the Speaker's recognition, but the |
1051 | Speaker shall be governed by the rules and usage in priority of |
1052 | entertaining motions from the floor. When a member seeks |
1053 | recognition, the Speaker may ask, "For what purpose does the |
1054 | member rise?" or "For what purpose does the member seek |
1055 | recognition?" |
1056 | |
1057 | 8.5-Recognition of Gallery Visitors and Doctor of the Day |
1058 | On written request by a member, on a form approved by the Clerk, |
1059 | the Speaker may recognize or permit the member to recognize any |
1060 | person or persons in the gallery. After granting a request for |
1061 | recognition, the Speaker shall afford that recognition at a |
1062 | convenient place in the order of business, considering the need |
1063 | for order and decorum and the need for continuity of debate. At |
1064 | an appropriate time during proceedings on the floor, the Speaker |
1065 | may recognize a Doctor of the Day. |
1066 | |
1067 | |
1068 | |
1069 | 8.6-Decorum |
1070 | The members shall attend to the debates unless necessarily |
1071 | prevented, and no member shall stand between the Speaker and a |
1072 | member recognized to speak. |
1073 | |
1074 | 8.7-Speaking and Debate; Right to Close |
1075 | (a) A member may not speak more than once nor occupy more |
1076 | than 15 minutes in debate on any question. |
1077 | (b) A member who has the floor may not be interrupted by |
1078 | another member for any purpose, save the privilege of the House, |
1079 | unless he or she consents to yield to the other member. A member |
1080 | desiring to interrupt another in debate should first address the |
1081 | Speaker for the permission of the member speaking. The Speaker |
1082 | shall then ask the member who has the floor if he or she wishes |
1083 | to yield and shall then announce the decision of that member. |
1084 | Whether to yield shall be entirely within the speaking member's |
1085 | discretion. This subsection shall not, however, deprive the |
1086 | first-named sponsor or mover of the right to close when the |
1087 | effect of an amendment or motion would be to foreclose favorable |
1088 | action on the bill, amendment, or motion. |
1089 | |
1090 | 8.8-Asking Questions of Members |
1091 | It is entirely within a speaking member's discretion whether to |
1092 | yield to a question. The proper purpose of a question is to |
1093 | obtain information in good faith, not for the questioner to |
1094 | supply information to the body. Neither a question nor an answer |
1095 | to a question may contain arguments or debate. |
1096 | |
1097 | 8.9-Right to Open and Close Debate |
1098 | The member presenting a motion shall have the right to open and |
1099 | close the debate and, for this purpose, may speak each time up |
1100 | to 10 minutes, unless otherwise limited by majority vote of the |
1101 | House, notwithstanding the limitation in Rule 8.7. |
1102 | |
1103 | |
1104 | |
1105 | 8.10-Distribution of Materials in Chamber; Meals in Chamber |
1106 | (a) The following constitutes policy regarding material |
1107 | distributed to the general membership through the Sergeant at |
1108 | Arms' Office and pages: |
1109 | (1) All material prior to such distribution must be |
1110 | approved by the Chair of the Rules & Calendar Committee. |
1111 | (2) The following official materials are approved: House |
1112 | and Senate bills, resolutions, memorials, and amendments |
1113 | thereto, and official calendars and journals; committee and |
1114 | subcommittee meeting notices; communications from the Speaker |
1115 | and Clerk and official communications from the Senate; and |
1116 | official staff reports of standing or select committees or |
1117 | subcommittees or of the majority or minority party. |
1118 | (b) While members may consume nonalcoholic beverages on |
1119 | the floor, meals will not be allowed on the floor without |
1120 | concurrence of a majority vote. |
1121 | |
1122 | |
1123 | |
1124 | 8.11-Miscellaneous Papers |
1125 | Papers of a miscellaneous nature addressed to the House may, at |
1126 | the discretion of the Speaker, be read, noted in the Journal, or |
1127 | filed with the appropriate committee or subcommittee. When the |
1128 | reading of a paper other than one upon which the House is called |
1129 | to give a final vote is demanded and such reading is objected to |
1130 | by any member, whether the paper shall be read shall be |
1131 | determined without debate by the House by a majority vote. |
1132 | |
1133 | |
1134 | |
1135 | 9.1-Members Shall Vote |
1136 | Every member shall be within the Chamber during its sittings, |
1137 | unless excused or necessarily prevented, and shall vote on each |
1138 | question put, unless required to abstain under Rule 3.2. |
1139 | |
1140 | 9.2-Taking the Yeas and Nays |
1141 | The Speaker shall declare all votes, but if any member rises to |
1142 | doubt a vote, upon a showing of hands by five members, the |
1143 | Speaker shall take the sense of the House by oral or electronic |
1144 | roll call. When taking the yeas and nays on any question, the |
1145 | electronic roll-call system may be used and when so used shall |
1146 | have the force and effect of a roll call taken as provided in |
1147 | these rules. This system likewise may be used to determine the |
1148 | presence of a quorum. When the House is ready to vote upon a |
1149 | question requiring roll call, and the vote is by electronic roll |
1150 | call, the Speaker shall say, "The question now recurs on |
1151 | (designating the matter to be voted upon). The Clerk will unlock |
1152 | the machine and the House will proceed to vote." When sufficient |
1153 | time has elapsed for each member to vote, the Speaker shall ask, |
1154 | "Have all members voted?" After a short pause, the Speaker shall |
1155 | say, "The Clerk will lock the machine and record the vote." When |
1156 | the vote is completely recorded, the Speaker shall announce the |
1157 | result to the House, and the Clerk shall record the action upon |
1158 | the Journal. |
1159 | |
1160 | 9.3-Vote of the Speaker or Temporary Presiding Officer |
1161 | The Speaker or temporary presiding officer is not required to |
1162 | vote in legislative proceedings other than on final passage of a |
1163 | bill, except when the Speaker's or temporary presiding officer's |
1164 | vote would be decisive. In all yea and nay votes, the Speaker's |
1165 | or temporary presiding officer's name shall be called last. With |
1166 | respect to voting, the Speaker or temporary presiding officer is |
1167 | subject to the same disqualification and disclosure requirements |
1168 | as any other member. |
1169 | |
1170 | 9.4-Votes After Roll Call; Finality of a Roll Call Vote |
1171 | (a) After the result of a roll call has been announced, a |
1172 | member may submit to the Clerk an indication of how the member |
1173 | would have voted or would have voted differently. The Clerk |
1174 | shall provide forms for the recording of these actions. When |
1175 | timely submitted, the vote after roll call shall be shown |
1176 | beneath the roll call in the Journal. Otherwise, the vote after |
1177 | roll call shall be shown separately in the Journal. |
1178 | (b) In no instance, other than by reason of an electronic |
1179 | or mechanical malfunction, shall the result of a voting machine |
1180 | roll call on any question be changed. |
1181 | |
1182 | 9.5-No Member to Vote for Another except by Request and |
1183 | Direction |
1184 | (a) No member may vote for another member except at the |
1185 | other member's specific request and direction. No member may |
1186 | vote for another member who is absent from the Chamber, nor may |
1187 | any person who is not a member cast a vote for a member. |
1188 | (b) In no case shall a member vote for another on a quorum |
1189 | call. |
1190 | (c) Any member who votes or attempts to vote for another |
1191 | member in violation of this rule or who requests another member |
1192 | to vote for the requesting member in violation of this rule may |
1193 | be disciplined in such a manner as the House may deem proper. |
1194 | (d) Any person who is not a member and who votes in the |
1195 | place of a member shall be subject to such discipline as the |
1196 | House may deem proper. |
1197 | |
1198 | 9.6-Explanation of Vote |
1199 | A member may not explain his or her vote during a roll call but |
1200 | may reduce his or her explanation to writing in not more than |
1201 | 200 words in an electronic format approved by the Clerk. Upon |
1202 | submission to the Clerk, this explanation shall be spread upon |
1203 | the Journal. |
1204 | |
1205 | |
1206 | |
1207 | |
1208 | |
1209 | 10.1-Daily Sessions |
1210 | The House shall meet each legislative day at 9 a.m. or as stated |
1211 | in the motion adjourning the House on the prior legislative day |
1212 | on which the House met. |
1213 | |
1214 | 10.2-Daily Order of Business |
1215 | (a) When the House convenes on a new legislative day, the |
1216 | daily order of business shall be as follows: |
1217 | (1) Call to Order. |
1218 | (2) Prayer. |
1219 | (3) Roll Call. |
1220 | (4) Pledge of Allegiance. |
1221 | (5) Correction of the Journal. |
1222 | (6) Communications. |
1223 | (7) Messages from the Senate. |
1224 | (8) Reports of Standing Committees and Subcommittees. |
1225 | (9) Reports of Select Committees. |
1226 | (10) Motions Relating to Committee and Subcommittee |
1227 | References. |
1228 | (11) Matters on Reconsideration. |
1229 | (12) Bills and Joint Resolutions on Third Reading. |
1230 | (13) Special Orders. |
1231 | (14) House Resolutions. |
1232 | (15) Unfinished Business. |
1233 | (16) Introduction and Reference. |
1234 | (b) During special sessions, the order of business of |
1235 | Introduction and Reference shall be called for immediately |
1236 | following the order of business of Correction of the Journal. |
1237 | (c) Within each order of business, matters shall be |
1238 | considered in the order in which they appear on the daily |
1239 | printed Calendar of the House. |
1240 | (d) After the 45th day of a regular session, by a majority |
1241 | vote, the House may, on motion of the Chair or Vice Chair of the |
1242 | Rules & Calendar Committee, move to Communications, Messages |
1243 | from the Senate, Bills and Joint Resolutions on Third Reading, |
1244 | or Special Orders. The motion may provide which matter on such |
1245 | order of business may be considered. |
1246 | |
1247 | 10.3-Chaplain to Offer Prayer |
1248 | A chaplain shall attend at the beginning of each day's sitting |
1249 | of the House and open the same with prayer. In the absence of a |
1250 | chaplain, the Speaker may designate someone else to offer |
1251 | prayer. |
1252 | |
1253 | 10.4-Quorum |
1254 | A majority of the membership of the House shall constitute a |
1255 | quorum to conduct business. |
1256 | |
1257 | 10.5-Consideration of Senate Messages: Generally |
1258 | Senate messages may be considered by the House at the time and |
1259 | in the order determined by the Speaker. |
1260 | |
1261 | |
1262 | |
1263 | 10.6-"Reading" Defined |
1264 | "Reading" means the stage of consideration of a bill, |
1265 | resolution, or memorial after reading of a portion of the title |
1266 | sufficient for identification, as determined by the Speaker. |
1267 | |
1268 | 10.7-Reading of Bills and Joint Resolutions |
1269 | Each bill and each joint resolution shall be read on 3 separate |
1270 | days prior to a vote upon final passage unless this rule is |
1271 | waived by a two-thirds vote, provided the publication of a bill |
1272 | or joint resolution by its title in the Journal shall satisfy |
1273 | the requirements of first reading. |
1274 | |
1275 | 10.8-Reading of Concurrent Resolutions and Memorials |
1276 | Concurrent resolutions and memorials shall be read on 2 separate |
1277 | days prior to a voice vote upon adoption, except that concurrent |
1278 | resolutions extending a legislative session or involving other |
1279 | procedural legislative matters may be read twice without motion |
1280 | on the same legislative day. |
1281 | |
1282 | 10.9-Reading of House Resolutions |
1283 | (a) A House resolution shall receive two readings by title |
1284 | only prior to a voice vote upon adoption. |
1285 | (b) Ceremonial resolutions may be shown as read and |
1286 | adopted by publication in full in the Journal in accordance with |
1287 | Rule 10.17. |
1288 | |
1289 | 10.10-Measures on Third Reading |
1290 | (a) Bills on third reading shall be taken up in the order |
1291 | in which the House concluded action on them on second reading. |
1292 | (b) Before any bill shall be read the third time, whether |
1293 | amended or not, it shall be referred without motion to the |
1294 | Engrossing Clerk for examination and, if amended, the engrossing |
1295 | of amendments. In the case of any Senate bill amended in the |
1296 | House, the amendment adopted shall be reproduced and attached to |
1297 | the bill amended in such manner that it will not be lost |
1298 | therefrom. |
1299 | (c) A bill shall be deemed on its third reading when it |
1300 | has been read a second time on a previous day and has no motion |
1301 | left pending. |
1302 | |
1303 | |
1304 | |
1305 | 10.11-Special Order Calendar |
1306 | (a) REGULAR SESSION. |
1307 | (1) The Rules & Calendar Committee shall periodically |
1308 | submit, as needed, a Special Order Calendar determining the |
1309 | sequence for consideration of legislation. The Special Order |
1310 | Calendar may include bills on second reading, bills on |
1311 | unfinished business, resolutions, and specific sections for |
1312 | local bills, trust fund bills, and bills to be taken up at a |
1313 | time certain. Upon adoption of a Special Order Calendar, no |
1314 | other bills shall be considered for the time period set forth |
1315 | for that Special Order Calendar, except that any bill appearing |
1316 | on that Special Order Calendar may be stricken from it by a |
1317 | majority vote or any bill may be added to it pursuant to Rule |
1318 | 10.13. A previously adopted Special Order Calendar shall expire |
1319 | upon adoption by the House of a new Special Order Calendar. |
1320 | (2) Any committee, subcommittee, or member may apply in |
1321 | writing to the Chair of the Rules & Calendar Committee to place |
1322 | a bill on the Special Order Calendar. The Rules & Calendar |
1323 | Committee may grant such requests by a majority vote. |
1324 | (3) During the first 55 days of a regular session, the |
1325 | Special Order Calendar shall be published in two Calendars of |
1326 | the House, and it may be taken up on the day of the second |
1327 | published Calendar. After the 55th day of a regular session, the |
1328 | Special Order Calendar shall be published in one Calendar of the |
1329 | House and may be taken up on the day the Calendar is published. |
1330 | (b) EXTENDED OR SPECIAL SESSION. |
1331 | (1) If the Legislature extends a legislative session, all |
1332 | bills on the Calendar of the House at the time of expiration of |
1333 | the regular session shall be placed in the Rules & Calendar |
1334 | Committee. |
1335 | (2) During any extended or special session, all bills upon |
1336 | being reported favorably by the last committee or subcommittee |
1337 | of reference shall be placed in the Rules & Calendar Committee. |
1338 | (3) During any extended or special session, the Rules & |
1339 | Calendar Committee shall establish a Special Order Calendar and |
1340 | only those bills on such Special Order Calendar shall be placed |
1341 | on the Calendar of the House. |
1342 | (4) During any extended or special session, the Special |
1343 | Order Calendar shall be published in one Calendar of the House |
1344 | and bills thereon may be taken up on the day the Calendar is |
1345 | published. |
1346 | |
1347 | 10.12-Special Floor Procedures |
1348 | The Rules & Calendar Committee may recommend special floor |
1349 | procedures for the management of amendments and debate on a |
1350 | particular bill, on second and third readings, which procedures |
1351 | may include limitations on amendments and debate. Such |
1352 | procedures may not be implemented unless approved by a majority |
1353 | vote in session. |
1354 | |
1355 | 10.13-Consideration of Bills Not on Special Order Calendar |
1356 | A bill not included on the Special Order Calendar may be |
1357 | considered by the House upon a two-thirds vote. |
1358 | |
1359 | 10.14-Consent Calendar |
1360 | The Rules & Calendar Committee may submit Consent Calendar |
1361 | procedures to expedite the consideration of noncontroversial |
1362 | legislation. |
1363 | |
1364 | 10.15-Requirements for Placement on Special Order Calendar |
1365 | No measure may be placed on a Special Order Calendar until it |
1366 | has been reported favorably by each committee and subcommittee |
1367 | of reference and is available for consideration on the floor. |
1368 | |
1369 | 10.16-Informal Deferral of Bills |
1370 | Whenever the member who introduced a bill or the first-named |
1371 | member sponsor of a committee and subcommittee bill is absent |
1372 | from the Chamber when the bill has been reached in the regular |
1373 | order on second or third reading, consideration shall be |
1374 | informally deferred until such member's return, unless another |
1375 | member consents to offer the bill on behalf of the original |
1376 | member. The bill shall retain its position on the Calendar of |
1377 | the House during the same legislative day. The member shall have |
1378 | the responsibility of making the motion for its subsequent |
1379 | consideration. |
1380 | |
1381 | |
1382 | |
1383 | 10.17-Ceremonial Resolutions Published in Journal |
1384 | Upon approval of the Chair of the Rules & Calendar Committee, a |
1385 | ceremonial resolution may be shown as read and adopted by |
1386 | publication in full in the Journal. The Rules & Calendar |
1387 | Committee shall distribute a list of such resolutions 1 day |
1388 | (excluding Saturdays, Sundays, and official state holidays) |
1389 | prior to the day of their publication, during which time any |
1390 | member may file with the Rules & Calendar Committee an objection |
1391 | to any resolution listed. Each resolution for which an objection |
1392 | has been filed shall be removed from the list and placed on the |
1393 | Calendar of the House. All resolutions without objections shall |
1394 | be printed on the next legislative day in the Journal and |
1395 | considered adopted by the House. |
1396 | |
1397 | |
1398 | |
1399 | 10.18-Consideration Limits to Bills after Day 55 |
1400 | After the 55th day of a regular session, no House bills on |
1401 | second reading may be taken up and considered by the House. |
1402 | |
1403 | 10.19-Consideration Limits after Day 58 |
1404 | After the 58th day of a regular session, the House may consider |
1405 | only: |
1406 | (a) Returning messages. |
1407 | (b) Conference reports. |
1408 | (c) Concurrent resolutions. |
1409 | |
1410 | |
1411 | |
1412 | 11.1-Motions; How Made |
1413 | Every motion shall be made orally, except when requested by the |
1414 | Speaker to be reduced to writing. |
1415 | |
1416 | 11.2-Precedence of Motions During Debate |
1417 | (a) When a question is under debate, the Speaker shall |
1418 | receive no motion except: |
1419 | (1) To adjourn at a time certain. |
1420 | (2) To adjourn. |
1421 | (3) To recess to a time certain. |
1422 | (4) To lay on the table. |
1423 | (5) To reconsider. |
1424 | (6) For the previous question. |
1425 | (7) To limit debate. |
1426 | (8) To temporarily postpone. |
1427 | (9) To postpone to a time or day certain. |
1428 | (10) To refer to or to recommit to committee or |
1429 | subcommittee. |
1430 | (11) To amend. |
1431 | (12) To amend by removing the enacting or resolving |
1432 | clause. |
1433 | (b) Such motions shall have precedence in the descending |
1434 | order given. |
1435 | |
1436 | 11.3-Questions of Order Decided without Debate |
1437 | The Speaker shall decide, without debate, all procedural |
1438 | questions of order that arise when a motion is before the House |
1439 | or on appeal. |
1440 | |
1441 | 11.4-Division of Question |
1442 | If a question before the House is susceptible of separation into |
1443 | two or more parts, any member may call for a division of the |
1444 | question so that each part may be voted on separately. However, |
1445 | a motion to remove and insert cannot be divided. |
1446 | |
1447 | 11.5-Motion to Recess to a Time Certain |
1448 | A motion to recess to a time certain shall be treated the same |
1449 | as a motion to adjourn, except that the motion is debatable when |
1450 | no business is before the House and can be amended as to the |
1451 | time to recess and duration of the recess. It yields only to a |
1452 | motion to adjourn. |
1453 | |
1454 | 11.6-Motion to Lay on the Table |
1455 | (a) A motion to lay on the table is not debatable and |
1456 | cannot be amended; however, before the motion is put to a vote, |
1457 | the first-named sponsor of a bill or the mover of a debatable |
1458 | motion shall be allowed 5 minutes within which to discuss the |
1459 | same and may divide the time with, or waive this right in favor |
1460 | of, some other member. |
1461 | (b) A motion to lay an amendment on the table, if adopted, |
1462 | does not carry with it the measure to which it adheres. |
1463 | |
1464 | 11.7-Motion to Reconsider; Immediate Certification of Bills |
1465 | (a) When a motion or main question has been made and |
1466 | carried or lost, it shall be in order at any time as a matter of |
1467 | right on the same or succeeding legislative day for a member |
1468 | voting with the prevailing side, or for any member in the case |
1469 | of a voice or tie vote, to move for reconsideration thereof. |
1470 | (b) When a majority of members vote in the affirmative but |
1471 | the proposition is lost because it is one in which the |
1472 | concurrence of a greater number than a majority is necessary for |
1473 | adoption or passage, any member may move for a reconsideration. |
1474 | (c) The motion to reconsider shall require a majority vote |
1475 | for adoption. |
1476 | (d) If the House refuses to reconsider or upon |
1477 | reconsideration confirms its prior decision, no further motion |
1478 | to reconsider shall be in order except upon unanimous consent of |
1479 | the members present. |
1480 | (e) Debate shall be allowed on a motion to reconsider only |
1481 | when the question that it is proposing to reconsider is |
1482 | debatable. When debate upon a motion to reconsider is in order, |
1483 | no member shall speak thereon more than once or for more than 5 |
1484 | minutes. |
1485 | (f) The adoption of a motion to reconsider a vote upon any |
1486 | secondary matter shall not remove the main subject under |
1487 | consideration from consideration of the House. |
1488 | (g) A motion to reconsider a collateral matter must be |
1489 | disposed of at once during the course of the consideration of |
1490 | the main subject to which it is related, and such motion shall |
1491 | be out of order after the House has passed to other business. |
1492 | (h) No bill referred or recommitted to a committee or |
1493 | subcommittee by a vote of the House shall be brought back into |
1494 | the House on a motion to reconsider. |
1495 | (i) The Clerk shall retain possession of all bills and |
1496 | joint resolutions for the period after passage during which |
1497 | reconsideration may be moved, except that local bills, |
1498 | concurrent resolutions, and memorials shall be transmitted to |
1499 | the Senate without delay. |
1500 | (j) The adoption of a motion to waive the rules and |
1501 | immediately certify any bill to the Senate shall be construed as |
1502 | releasing the measure from the Clerk's possession for the period |
1503 | of reconsideration. |
1504 | (k) Unless otherwise directed by the Speaker, during the |
1505 | last 14 days of a regular session or any extension thereof and |
1506 | during any special session, all measures acted on by the House |
1507 | shall be transmitted to the Senate without delay. |
1508 | |
1509 | 11.8-Motion for the Previous Question |
1510 | (a) The previous question may be asked and ordered upon |
1511 | any debatable single motion, series of motions, or amendment |
1512 | pending and the effect thereof shall be to conclude all action |
1513 | on the same day. If third reading is reached on another day, the |
1514 | order for the previous question must be renewed on that day. |
1515 | (b) The motion for the previous question shall be decided |
1516 | without debate. If the motion prevails, the sponsor of a bill or |
1517 | debatable motion and an opponent shall be allowed 3 minutes each |
1518 | within which to debate the pending question, and each may divide |
1519 | the time with, or waive this right in favor of, some other |
1520 | member. On second reading, the final available question is the |
1521 | main amendment; on third reading, it is the bill. |
1522 | (c) When the motion for the previous question is adopted |
1523 | on a main question, the sense of the House shall be taken |
1524 | without delay on pending amendments and such question in the |
1525 | regular order. |
1526 | (d) The motion for the previous question may not be made |
1527 | by the first-named sponsor or mover. |
1528 | |
1529 | 11.9-Motion to Limit Debate |
1530 | When there is debate by the House, it shall be in order for a |
1531 | member to move to limit debate and such motion shall be decided |
1532 | without debate, except that the first-named sponsor or mover of |
1533 | the question under debate shall have 5 minutes within which to |
1534 | discuss the motion and may divide the allotted time with, or |
1535 | waive it in favor of, some other member. If, by majority vote, |
1536 | the question is decided in the affirmative, debate shall be |
1537 | limited to 10 minutes for each side, unless a greater time is |
1538 | stated in the motion, such time to be apportioned by the |
1539 | Speaker; however, the first-named sponsor or mover shall have an |
1540 | additional 5 minutes within which to close the debate and may |
1541 | divide the allotted time with, or waive it in favor of, some |
1542 | other member. |
1543 | |
1544 | 11.10-Motion to Temporarily Postpone |
1545 | (a) The motion to temporarily postpone shall be decided |
1546 | without debate and shall cause a measure to be set aside but |
1547 | retained on the desk. |
1548 | (b) If a main question has been temporarily postponed |
1549 | after having been debated or after motions have been applied and |
1550 | is not brought back before the House on the same legislative |
1551 | day, it shall be placed under the order of unfinished business |
1552 | on the Calendar of the House. If a main question is temporarily |
1553 | postponed before debate has commenced or motions have been |
1554 | applied, its reading shall be considered a nullity and the bill |
1555 | shall retain its original position on the order of business on |
1556 | the same legislative day; otherwise, the bill reverts to the |
1557 | status of bills on second or third reading, as applicable. |
1558 | (c) The motion to return to consideration of a temporarily |
1559 | postponed main question shall be made under the proper order of |
1560 | business when no other matter is pending. |
1561 | (d) If applied to a collateral matter, the motion to |
1562 | temporarily postpone shall not cause the main question to be |
1563 | carried with it. After having been temporarily postponed, if a |
1564 | collateral matter is not brought back before the House in the |
1565 | course of consideration of the adhering or main question, it |
1566 | shall be deemed abandoned. |
1567 | |
1568 | 11.11-Motion to Withdraw or Refer a Bill |
1569 | (a) A motion to withdraw a bill from a committee or |
1570 | subcommittee shall require a two-thirds vote on the floor. |
1571 | (b) Any member may, no later than under the order of |
1572 | business of Motions Relating to Committee and Subcommittee |
1573 | References on the legislative day following reference of a bill, |
1574 | move for reference from one committee or subcommittee to a |
1575 | different committee or subcommittee, which shall be decided by a |
1576 | majority vote. |
1577 | (c) A motion to refer a bill from one committee or |
1578 | subcommittee to another committee or subcommittee, other than as |
1579 | provided in subsection (b), may be made during the regular order |
1580 | of business and shall require a two-thirds vote. |
1581 | (d) A motion to refer a bill to an additional committee or |
1582 | subcommittee may be made during the regular order of business |
1583 | and shall require a two-thirds vote. |
1584 | (e) A motion to refer shall be debated only as to the |
1585 | propriety of the reference. |
1586 | (f) A motion to withdraw a bill from further consideration |
1587 | of the House shall require a two-thirds vote. |
1588 | (1) The Chair or Vice Chair of the Rules & Calendar |
1589 | Committee, at the request of the first-named member sponsor, may |
1590 | move for the withdrawal of a bill from further consideration. |
1591 | (2) The first-named member sponsor of a bill may, prior to |
1592 | its introduction and provided no substantive action has been |
1593 | taken on it, withdraw the bill by written notice to the Clerk. |
1594 | (3) In moving for the withdrawal of a bill from further |
1595 | consideration by floor motion, the introducer shall be required |
1596 | to identify the nature of the bill. |
1597 | |
1598 | 11.12-Motion to Refer or Recommit |
1599 | (a) Any bill on the Calendar of the House may be referred |
1600 | or recommitted by the House to a committee or subcommittee by a |
1601 | majority vote. |
1602 | (b) A motion to refer or recommit a bill that is before |
1603 | the House may be made during the regular order of business. The |
1604 | motion shall be debatable only as to the propriety of that |
1605 | reference and shall require an affirmative majority vote. |
1606 | (c) If a bill on third reading is referred or recommitted |
1607 | to a committee or subcommittee that subsequently reports the |
1608 | bill favorably with a committee or subcommittee substitute or |
1609 | with one or more amendments, the bill shall return to second |
1610 | reading. |
1611 | (d) Referral or recommitment of a House bill shall |
1612 | automatically carry with it a Senate companion bill then on the |
1613 | Calendar of the House. |
1614 | |
1615 | 11.13-Dilatory Motions |
1616 | Dilatory or delaying motions shall not be in order as determined |
1617 | by the Speaker. |
1618 | |
1619 | 11.14-Withdrawal of Motion |
1620 | The mover of a motion may withdraw the motion at any time before |
1621 | it has been amended or a vote on it has commenced. |
1622 | |
1623 | |
1624 | |
1625 | 12.1-Form |
1626 | Floor amendments shall be prepared by the House Bill Drafting |
1627 | Service and filed with the Clerk. |
1628 | |
1629 | 12.2-Filing Deadlines for Floor Amendments |
1630 | (a) During the first 55 days of a regular session: |
1631 | (1) Main floor amendments must be approved for filing with |
1632 | the Clerk by 2 p.m. of the first day a bill appears on the |
1633 | Special Order Calendar in the Calendar of the House; and |
1634 | (2) Amendments to main floor amendments and substitute |
1635 | amendments for main floor amendments must be approved for filing |
1636 | by 5 p.m. of the same day. |
1637 | (b) After the 55th day of a regular session and during any |
1638 | extended or special session: |
1639 | (1) Main floor amendments must be approved for filing with |
1640 | the Clerk not later than 2 hours before session is scheduled to |
1641 | convene on the day a bill appears on the Special Order Calendar |
1642 | in the Calendar of the House; and |
1643 | (2) Amendments to main floor amendments and substitute |
1644 | amendments for main floor amendments must be approved for filing |
1645 | not later than 1 hour after the main floor amendment deadline. |
1646 | (c) A late-filed floor amendment may be taken up for |
1647 | consideration only upon motion adopted by a two-thirds vote. |
1648 | (d) Notwithstanding the foregoing, subject to approval by |
1649 | a majority vote of the House, the Rules & Calendar Committee may |
1650 | establish special amendment deadlines and procedures for |
1651 | appropriations bills, implementing bills, conforming bills, and |
1652 | bills proposing any reapportionment or redistricting of the |
1653 | state's legislative or congressional districts. |
1654 | |
1655 | 12.3-Presentation and Consideration |
1656 | (a) Amendments shall be taken up only as sponsors gain |
1657 | recognition from the Speaker to move their adoption, except that |
1658 | the chair of the committee or subcommittee (or any member |
1659 | thereof designated by the chair) reporting the measure under |
1660 | consideration shall have preference for the presentation of |
1661 | committee or subcommittee amendments to Senate bills. |
1662 | (b) An amendment to a pending main amendment may be |
1663 | received, but until it is disposed of no other motion to amend |
1664 | will be in order except a substitute amendment or an amendment |
1665 | to the substitute. Such amendments are to be disposed of in the |
1666 | following order: |
1667 | (1) Amendments to the amendment are voted on before the |
1668 | substitute is taken up. Only one amendment to the amendment is |
1669 | in order at a time. |
1670 | (2) Amendments to the substitute are next voted on. |
1671 | (3) The substitute then is voted on. The adoption of a |
1672 | substitute amendment in lieu of an original amendment shall be |
1673 | treated and considered as an amendment to the bill itself. |
1674 | |
1675 | |
1676 | |
1677 | (c) The adoption of an amendment to a section shall not |
1678 | preclude further amendment of that section. If a bill is being |
1679 | considered section by section or item by item, only amendments |
1680 | to the section or item under consideration shall be in order. |
1681 | (d) For the purpose of this rule, an amendment shall be |
1682 | deemed pending only after its proposer has been recognized by |
1683 | the Speaker and has moved its adoption. |
1684 | (e) Reviser's bills may be amended only by making |
1685 | deletions. |
1686 | |
1687 | 12.4-Second and Third Reading; Vote Required on Third Reading |
1688 | (a) A motion to amend is in order during the second or |
1689 | third reading of any bill. |
1690 | (b) Amendments proposed on third reading shall require a |
1691 | two-thirds vote for adoption, except that technical amendments |
1692 | introduced in the name of the Rules & Calendar Committee shall |
1693 | require a majority vote for adoption. Amendments on third |
1694 | reading, other than technical amendments introduced in the name |
1695 | of the Rules & Calendar Committee, must be approved for filing |
1696 | not later than the earlier of the following deadlines: |
1697 | (1) Nine a.m. on the day session is scheduled to convene |
1698 | on the day the bill is reached on third reading; or |
1699 | (2) One hour before session is scheduled to convene on the |
1700 | day the bill is reached on third reading. |
1701 | (c) A motion for reconsideration of an amendment on third |
1702 | reading requires a two-thirds vote for adoption. |
1703 | |
1704 | 12.5-Amendment of Appropriations Bills, Implementing Bills, and |
1705 | Conforming Bills |
1706 | (a) For purposes of these rules: |
1707 | (1) An "appropriations bill" is a general appropriations |
1708 | bill or any other bill the title text of which begins "An act |
1709 | making appropriations," "An act making special appropriations," |
1710 | or "An act making supplemental appropriations." |
1711 | (2) An "implementing bill" is a bill, effective for one |
1712 | fiscal year, implementing an appropriations bill. |
1713 | (3) A "conforming bill" is a bill designated as such by |
1714 | the Speaker that amends the Florida Statutes to conform to an |
1715 | appropriations bill. |
1716 | (b) Whether on the floor or in any committee or |
1717 | subcommittee, whenever an amendment is offered to an |
1718 | appropriations bill that would either increase any state |
1719 | appropriation or decrease any state revenue for any fund, such |
1720 | amendment shall show the amount of the appropriation increase or |
1721 | revenue decrease for a fund by line item and by section and |
1722 | shall decrease an appropriation from within the same |
1723 | appropriations allocation and sub-allocation (as determined by |
1724 | the Speaker) or increase a revenue to the fund in an amount |
1725 | equivalent to or greater than the corresponding appropriation |
1726 | increase or revenue decrease required by the amendment. |
1727 | (c) Whether on the floor or in any committee or |
1728 | subcommittee, an amendment offered to an implementing bill or to |
1729 | a conforming bill shall not increase a state appropriation to a |
1730 | level that is in excess of the allocations or sub-allocations |
1731 | determined by the Speaker for a fund. |
1732 | (d) Whether on the floor or in any committee or |
1733 | subcommittee, any amendment offered to an implementing bill or |
1734 | to a conforming bill that reduces revenues supporting |
1735 | appropriations must raise the equivalent or greater revenue for |
1736 | the same fund from other sources. |
1737 | |
1738 | 12.6-Consideration of Senate Amendments |
1739 | (a) After the reading of a Senate amendment to a House |
1740 | bill, the following motions shall be in order and shall be |
1741 | privileged in the order named: |
1742 | (1) Amend the Senate amendment. |
1743 | (2) Concur in the Senate amendment. |
1744 | (3) Refuse to concur and ask the Senate to recede. |
1745 | (4) Request the Senate to recede and, if the Senate |
1746 | refuses to recede, to appoint a conference committee to meet |
1747 | with a like committee appointed by the Speaker. |
1748 | (b) If the Senate refuses to concur in a House amendment |
1749 | to a Senate bill, the following motions shall be in order and |
1750 | shall be privileged in the order named: |
1751 | (1) That the House recede. |
1752 | (2) That the House insist and ask for a conference |
1753 | committee. |
1754 | (3) That the House insist. |
1755 | (c) The Speaker may, upon determining that a Senate |
1756 | amendment substantially changes the bill as passed by the House, |
1757 | refer the Senate message, with the bill and Senate amendment or |
1758 | amendments, to the appropriate House committee or subcommittee |
1759 | for review and report to the House. The Speaker, upon such |
1760 | reference, shall announce the date and time for the committee or |
1761 | subcommittee to meet. The committee or subcommittee shall report |
1762 | to the House the recommendation for disposition of the Senate |
1763 | amendment or amendments under one of the four options presented |
1764 | in subsection (a). The report shall be furnished to the Clerk |
1765 | and to the House, in writing, by the chair of the reporting |
1766 | committee or subcommittee. |
1767 | |
1768 | 12.7-Motion to Amend by Removing Enacting or Resolving Clause |
1769 | An amendment to remove the enacting clause of a bill or the |
1770 | resolving clause of a resolution or memorial shall, if carried, |
1771 | be considered equivalent to rejection of the bill, resolution, |
1772 | or memorial by the House. |
1773 | |
1774 | 12.8-Germanity of House Amendments |
1775 | (a) GERMANITY. |
1776 | (1) Neither the House nor any committee or subcommittee |
1777 | shall consider an amendment that relates to a different subject |
1778 | or is intended to accomplish a different purpose than that of |
1779 | the pending question or that, if adopted, would require a title |
1780 | amendment for the bill that is substantially different from the |
1781 | bill's original title or that would unreasonably alter the |
1782 | nature of the bill. |
1783 | (2) The Speaker, or the chair in the case of an amendment |
1784 | offered in committee or subcommittee, shall determine the |
1785 | germanity of any amendment when the question is timely raised. |
1786 | (3) An amendment of the second degree or a substitute |
1787 | amendment must be germane to both the main amendment and the |
1788 | measure to which it adheres. |
1789 | (b) AMENDMENTS THAT ARE NOT GERMANE. House amendments that |
1790 | are not germane include: |
1791 | (1) A general proposition amending a specific proposition. |
1792 | (2) An amendment amending a statute or session law when |
1793 | the purpose of the bill is limited to repealing such law, or an |
1794 | amendment repealing a statute or session law when the purpose of |
1795 | the bill is limited to amending such law. |
1796 | (3) An amendment that substantially expands the scope of |
1797 | the bill. |
1798 | (4) An amendment to a bill when legislative action on that |
1799 | bill is by law or these rules limited to passage, concurrence, |
1800 | or nonconcurrence as introduced. |
1801 | (c) AMENDMENTS THAT ARE GERMANE. Amendments that are |
1802 | germane include: |
1803 | (1) A specific provision amending a general provision. |
1804 | (2) An amendment that accomplishes the same purpose in a |
1805 | different manner. |
1806 | (3) An amendment limiting the scope of the proposal. |
1807 | (4) An amendment providing appropriations necessary to |
1808 | fulfill the original intent of a proposal. |
1809 | (5) An amendment that changes the effective date of a |
1810 | repeal, reduces the scope of a repeal, or adds a short-term |
1811 | nonstatutory transitional provision to facilitate repeal. |
1812 | (d) WAIVER OF RULE. Waiver of this rule shall require |
1813 | unanimous consent of the House. |
1814 | |
1815 | 12.9-Floor Amendments Out of Order |
1816 | A floor amendment is out of order if it is the principal |
1817 | substance of a bill that has: |
1818 | (a) Received an unfavorable committee or subcommittee |
1819 | report, |
1820 | (b) Been withdrawn from further consideration, or |
1821 | (c) Not been reported favorably by at least one committee |
1822 | or subcommittee of reference, |
1823 | |
1824 | and may not be offered to a bill on second or third reading. Any |
1825 | amendment that is substantially the same, and identical as to |
1826 | specific intent and purpose, as the measure residing in a |
1827 | committee or subcommittee of reference is covered by this rule. |
1828 | |
1829 | 12.10-Printing of Amendments in Journal |
1830 | All amendments taken up, unless withdrawn, shall be printed in |
1831 | the Journal, except that an amendment to an appropriations bill |
1832 | constituting an entirely new bill shall not be printed except |
1833 | upon consideration of the conference committee report. |
1834 | |
1835 | |
1836 | |
1837 | 13.1-Parliamentary Authorities |
1838 | In all cases not provided for by the Florida Constitution, the |
1839 | Rules of the House, or the Joint Rules of the Senate and House, |
1840 | the guiding, but nonbinding, authority shall be first the |
1841 | Rulings of the Speaker and then the latest edition of Mason's |
1842 | Manual of Legislative Procedure. |
1843 | |
1844 | 13.2-Standing Rules Amendment |
1845 | Any standing rule may be rescinded or changed by a majority vote |
1846 | of the members, provided that the proposed change or changes be |
1847 | submitted at least 1 day in advance by the Rules & Calendar |
1848 | Committee in writing to the members together with notice of the |
1849 | consideration thereof. Any standing rule may be suspended |
1850 | temporarily by a two-thirds vote of the members present, except |
1851 | as otherwise provided in these rules. |
1852 | |
1853 | 13.3-Rules Apply for Term |
1854 | The standing rules adopted after the beginning of the term |
1855 | govern all acts of the House during the course of the term |
1856 | unless amended or repealed. |
1857 | |
1858 | 13.4-Joint Rules |
1859 | The House shall be governed by joint rules approved by the House |
1860 | and Senate during the term. Such joint rules may not be waived |
1861 | except by agreement of both the House and Senate. A majority |
1862 | vote of the House is required for such agreement. |
1863 | |
1864 | 13.5-Authority and Interpretation |
1865 | These rules are adopted pursuant to the specific authority |
1866 | granted and the inherent powers vested in the House of |
1867 | Representatives by the Florida Constitution. These rules are |
1868 | intended to facilitate the orderly, practical, and efficient |
1869 | completion of legislative work undertaken by the House. These |
1870 | rules shall govern procedures in the House notwithstanding any |
1871 | inconsistent parliamentary tradition and notwithstanding any |
1872 | joint rule or any statute enacted by a prior Legislature. |
1873 | Adoption of these rules constitutes the determination of the |
1874 | House that they do not violate any express regulation or |
1875 | limitation contained in the Florida Constitution. These rules |
1876 | may not be construed to limit any of the powers, rights, |
1877 | privileges, or immunities vested in or granted to the House by |
1878 | the Florida Constitution or other organic law. |
1879 | |
1880 | 13.6-Majority Action |
1881 | Unless otherwise indicated by these rules, all action by the |
1882 | House or its committees or subcommittees shall be by majority |
1883 | vote of those members present and voting. When the body is |
1884 | equally divided, the question is defeated. |
1885 | |
1886 | 13.7-Extraordinary Action |
1887 | Unless otherwise required by these rules or the Florida |
1888 | Constitution, all extraordinary votes shall be by vote of those |
1889 | members present and voting. |
1890 | |
1891 | 13.8-"Days" Defined |
1892 | Wherever used in these rules, a "legislative day" means a day |
1893 | when the House convenes and a quorum is present. All other |
1894 | references to a "day" mean a calendar day. |
1895 | |
1896 | |
1897 | |
1898 | |
1899 | |
1900 | 14.1-Legislative Records |
1901 | There shall be available for public inspection, whether |
1902 | maintained in Tallahassee or in a district office, the papers |
1903 | and records developed and received in connection with official |
1904 | legislative business, except as provided in s. 11.0431, Florida |
1905 | Statutes, or other provision of law. Any person who is denied |
1906 | access to a legislative record and who believes that he or she |
1907 | is wrongfully being denied such access may appeal to the Speaker |
1908 | the decision to deny access. |
1909 | |
1910 | 14.2-Legislative Records; Maintenance, Control, Destruction, |
1911 | Disposal, and Disposition |
1912 | (a) Records that are required to be created by these rules |
1913 | or that are of vital, permanent, or archival value shall be |
1914 | maintained in a safe location that is easily accessible for |
1915 | convenient use. No such record need be maintained if the |
1916 | substance of the record is published or retained in another form |
1917 | or location. Whenever necessary, but no more often than annually |
1918 | or less often than biennially, records required to be maintained |
1919 | may be archived. |
1920 | (b) Other records that are no longer needed for any |
1921 | purpose and that do not have sufficient administrative, legal, |
1922 | or fiscal significance to warrant their retention shall be |
1923 | disposed of systematically. |
1924 | (c)(1) The administrative assistant for each existing |
1925 | committee or subcommittee shall ensure compliance with this rule |
1926 | for all records created or received by the committee or |
1927 | subcommittee or for a former committee or subcommittee whose |
1928 | jurisdiction has been assigned to the committee or subcommittee. |
1929 | (2) The Speaker, the Speaker pro tempore, the Minority |
1930 | Leader, the Majority Leader, and the Sergeant at Arms shall |
1931 | ensure compliance with this rule for all records created or |
1932 | received by their respective offices and their predecessors in |
1933 | office. |
1934 | (3) Each member shall ensure compliance with this rule for |
1935 | all records created or received by the member or the member's |
1936 | district office. |
1937 | (4) The director of an ancillary House office shall ensure |
1938 | compliance with this rule for all records created or received by |
1939 | the director's office. |
1940 | (5) The Clerk shall ensure compliance with this rule for |
1941 | all other records created or received by the House of |
1942 | Representatives. |
1943 | (d) If a committee, subcommittee, or office is not |
1944 | continued in existence, the records of such committee, |
1945 | subcommittee, or office shall be forwarded to the committee, |
1946 | subcommittee, or office assuming the jurisdiction or |
1947 | responsibility of the former committee, subcommittee, or office, |
1948 | if any. Otherwise, such records shall be forwarded to the Clerk. |
1949 | (e) The Clerk shall establish a schedule of reasonable and |
1950 | appropriate fees for copies of legislative records and |
1951 | documents. |
1952 | |
1953 | |
1954 | |
1955 | 14.3-Distribution of Documents |
1956 | Documents required by these rules to be printed or published may |
1957 | be produced and distributed on paper or in electronic form. |
1958 | |
1959 | 14.4-Display of Signs, Placards, and the Like |
1960 | Signs, placards, or other objects of similar nature shall be |
1961 | permitted in the rooms, lobby, galleries, or Chamber of the |
1962 | House only upon approval of the Chair of the Rules & Calendar |
1963 | Committee. |
1964 | |
1965 | |
1966 | |
1967 | 14.5-House Seal |
1968 | (a) REQUIREMENT. There shall be an official seal of the |
1969 | House of Representatives. The seal shall be used only by or on |
1970 | behalf of a member or officer of the House in conjunction with |
1971 | his or her official duties or when specifically authorized in |
1972 | writing by the Chair of the Rules & Calendar Committee. |
1973 | (b) CONFIGURATION. The seal shall be a circle having in |
1974 | the center thereof a view of the sun's rays over a highland in |
1975 | the distance, a sabal palmetto palm tree, a steamboat on the |
1976 | water, and a Native American female scattering flowers in the |
1977 | foreground, encircled by the words "House of Representatives." |
1978 | (c) USE. Unless a written exception is otherwise granted |
1979 | by the Chair of the Rules & Calendar Committee: |
1980 | (1) Material carrying the official seal shall be used only |
1981 | by a member, officer, or employee of the House or other persons |
1982 | employed or retained by the House. |
1983 | (2) The use, printing, publication, or manufacture of the |
1984 | seal, or items or materials bearing the seal or a facsimile of |
1985 | the seal, shall be limited to official business of the House or |
1986 | official legislative business. |
1987 | (d) CUSTODIAN. The Clerk shall be the custodian of the |
1988 | official seal. |
1989 | |
1990 | |
1991 | |
1992 | 15.1-Legislative Ethics and Official Conduct |
1993 | Legislative office is a trust to be performed with integrity in |
1994 | the public interest. A member is respectful of the confidence |
1995 | placed in the member by the other members and by the people. By |
1996 | personal example and by admonition to colleagues whose behavior |
1997 | may threaten the honor of the lawmaking body, the member shall |
1998 | watchfully guard the responsibility of office and the |
1999 | responsibilities and duties placed on the member by the House. |
2000 | To this end, each member shall be accountable to the House for |
2001 | violations of this rule or any provision of the House Code of |
2002 | Conduct contained in Rules 15.1-15.7. |
2003 | |
2004 | 15.2-The Integrity of the House |
2005 | A member shall respect and comply with the law and shall perform |
2006 | at all times in a manner that promotes public confidence in the |
2007 | integrity and independence of the House and of the Legislature. |
2008 | Each member shall perform at all times in a manner that promotes |
2009 | a professional environment in the House, which shall be free |
2010 | from unlawful employment discrimination. |
2011 | |
2012 | 15.3-Improper Influence; Solicitation of Campaign Contributions |
2013 | (a) A member may neither solicit nor accept anything that |
2014 | reasonably may be construed to improperly influence the member's |
2015 | official act, decision, or vote. |
2016 | (b) A member may neither solicit nor accept any campaign |
2017 | contribution during the 60-day regular legislative session or |
2018 | any extended or special session on the member's own behalf, on |
2019 | behalf of a political party, on behalf of any organization with |
2020 | respect to which the member's solicitation is regulated under s. |
2021 | 106.0701, Florida Statutes, or on behalf of a candidate for the |
2022 | House of Representatives; however, a member may contribute to |
2023 | the member's own campaign. |
2024 | |
2025 | 15.4-Ethics; Conflicting Employment |
2026 | A member shall: |
2027 | (a) Scrupulously comply with the requirements of all laws |
2028 | related to the ethics of public officers. |
2029 | (b) Not allow personal employment to impair the member's |
2030 | independence of judgment in the exercise of official duties. |
2031 | (c) Not directly or indirectly receive or agree to receive |
2032 | any compensation for any services rendered or to be rendered |
2033 | either by the member or any other person when such activity is |
2034 | in substantial conflict with the duties of a member of the |
2035 | House. |
2036 | |
2037 | 15.5-Use of Official Position |
2038 | A member may not corruptly use or attempt to use the member's |
2039 | official position or any property or resource which may be |
2040 | within the member's trust in a manner contrary to the trust or |
2041 | authority placed in the member, either by the public or by other |
2042 | members, for the purpose of securing a special privilege, |
2043 | benefit, or exemption for the member or for others. |
2044 | |
2045 | 15.6-Use of Information Obtained by Reason of Official Position |
2046 | A member may engage in business and professional activity in |
2047 | competition with others but may not use or provide to others, |
2048 | for the member's personal gain or benefit or for the personal |
2049 | gain or benefit of any other person or business entity, any |
2050 | information that has been obtained by reason of the member's |
2051 | official capacity as a member and that is unavailable to members |
2052 | of the public as a matter of law. |
2053 | |
2054 | 15.7-Representation of Another Before a State Agency |
2055 | A member may not personally represent another person or entity |
2056 | for compensation before any state agency other than a judicial |
2057 | tribunal. For the purposes of this rule, "state agency" means |
2058 | any entity of the legislative or executive branch of state |
2059 | government over which the Legislature exercises plenary |
2060 | budgetary and statutory control. |
2061 | |
2062 | 15.8-Advisory Opinions |
2063 | (a) A member, when in doubt about the applicability and |
2064 | interpretation of the House Code of Conduct or ethics laws to |
2065 | the member's conduct, may convey the facts of the situation to |
2066 | the House general counsel for an advisory opinion. The general |
2067 | counsel shall issue the opinion within 10 days after receiving |
2068 | the request. The advisory opinion may be relied upon by the |
2069 | member requesting the opinion. Upon request of any member, the |
2070 | committee or subcommittee designated by the Speaker to have |
2071 | responsibility for the ethical conduct of members may revise an |
2072 | advisory opinion rendered by the House general counsel through |
2073 | an advisory opinion issued to the member who requested the |
2074 | opinion. |
2075 | (b) An advisory opinion rendered by the House general |
2076 | counsel or the committee or subcommittee shall be numbered, |
2077 | dated, and published. Advisory opinions from the House general |
2078 | counsel or the committee or subcommittee may not identify the |
2079 | member seeking the opinion unless such member so requests. |
2080 | |
2081 | 15.9-Penalties for Violations |
2082 | Separately from any prosecutions or penalties otherwise provided |
2083 | by law, any member determined to have violated the requirements |
2084 | of these rules relating to ethics or member conduct shall be |
2085 | fined, censured, reprimanded, placed on probation, or expelled |
2086 | or have such other lesser penalty imposed as may be appropriate. |
2087 | Such determination and disciplinary action shall be taken by a |
2088 | two-thirds vote of the House, except that expulsions shall |
2089 | require two-thirds vote of the membership, upon recommendation |
2090 | of the Rules & Calendar Committee pursuant to Rule 18. |
2091 | |
2092 | 15.10-Felony Indictment or Information of a Member |
2093 | (a) If an indictment or information for a felony of any |
2094 | jurisdiction is filed against a member of the House, the member |
2095 | indicted or informed against may request the Speaker to excuse |
2096 | the member, without pay, from all privileges of membership of |
2097 | the House pending final adjudication. |
2098 | (b) If the indictment or information is either nolle |
2099 | prossed or dismissed, or if the member is found not guilty of |
2100 | the felonies charged, or lesser included felonies, then the |
2101 | member shall be paid all back pay and other benefits retroactive |
2102 | to the date the member was excused. |
2103 | |
2104 | 15.11-Felony Guilty Plea of a Member |
2105 | A member who enters a plea of guilty or nolo contendere to a |
2106 | felony of any jurisdiction may, at the discretion of the |
2107 | Speaker, be suspended immediately, without a hearing and without |
2108 | pay, from all privileges of membership of the House through the |
2109 | remainder of that member's term. |
2110 | |
2111 | 15.12-Felony Conviction of a Member |
2112 | (a) A member convicted of a felony of any jurisdiction |
2113 | may, at the discretion of the Speaker, be suspended immediately, |
2114 | without a hearing and without pay, from all privileges of |
2115 | membership of the House pending appellate action or the end of |
2116 | the member's term, whichever occurs first. |
2117 | (b) A member suspended under the provisions of this rule |
2118 | may, within 10 days after such suspension, file a written |
2119 | request for a hearing, setting forth specific reasons contesting |
2120 | the member's suspension. Upon receipt of a written request for a |
2121 | hearing, the Speaker shall appoint a select committee, which |
2122 | shall commence a hearing on the member's suspension within 30 |
2123 | days and issue a report to the House within 10 days after the |
2124 | conclusion of the hearing. The report of the select committee |
2125 | shall be final unless the member, within 10 days after the |
2126 | issuance of the report, requests in writing that the Speaker |
2127 | convene the full House to consider the report of the select |
2128 | committee. Upon receipt of a request for such consideration, the |
2129 | Speaker shall timely convene the House for such purpose. |
2130 | (c) If the final appellate decision is to sustain the |
2131 | conviction, then the member's suspension shall continue to the |
2132 | end of the member's term. If the final appellate decision is to |
2133 | vacate the conviction and there is a rehearing, the member shall |
2134 | be subject to Rule 15.10. If the final appellate decision is to |
2135 | vacate the conviction and no felony charges remain against the |
2136 | member, the member shall be entitled to restitution of back pay |
2137 | and other benefits retroactive to the date of suspension. |
2138 | |
2139 | |
2140 | |
2141 | |
2142 | 16.1-Issuance of Subpoenas |
2143 | (a) In order to carry out its duties, each standing or |
2144 | select committee, whenever required, may issue subpoenas and |
2145 | other necessary process to compel the attendance of witnesses |
2146 | before such committee or the taking of a deposition pursuant to |
2147 | these rules. The chair of the committee shall issue such process |
2148 | on behalf of the committee after a majority of the committee |
2149 | votes to approve issuance and the Speaker has provided written |
2150 | approval. The chair or any other member of such committee may |
2151 | administer all oaths and affirmations in the manner prescribed |
2152 | by law to witnesses who shall appear before such committee for |
2153 | the purpose of testifying in any matter about which such |
2154 | committee may require evidence. |
2155 | (b) Each standing or select committee, whenever required, |
2156 | may also compel by subpoena duces tecum the production of any |
2157 | books, letters, or other documentary evidence it may need to |
2158 | examine in reference to any matter before it. The chair of the |
2159 | standing or select committee shall issue process on behalf of |
2160 | the standing or select committee after a majority of the |
2161 | committee votes to approve issuance and the Speaker has provided |
2162 | written approval. |
2163 | |
2164 | 16.2-Contempt Proceedings |
2165 | (a) The House may punish, by fine or imprisonment, any |
2166 | person who is not a member and who is guilty of disorderly or |
2167 | contemptuous conduct in its presence or of a refusal to obey its |
2168 | lawful summons. |
2169 | (b) A person shall be deemed in contempt if the person: |
2170 | (1) Fails or refuses to appear in compliance with a |
2171 | subpoena or, having appeared, fails or refuses to testify under |
2172 | oath or affirmation; |
2173 | (2) Fails or refuses to answer any relevant question or |
2174 | fails or refuses to furnish any relevant book, paper, or other |
2175 | document subpoenaed on behalf of such committee; or |
2176 | (3) Commits any other act or offense against such |
2177 | committee that, if committed against the Legislature or either |
2178 | house thereof, would constitute contempt. |
2179 | (c) During a legislative session, a standing or select |
2180 | committee may, by majority vote of all of its members, apply to |
2181 | the House for contempt citation. The application shall be |
2182 | considered as though the alleged contempt had been committed in |
2183 | or against the House itself. If such committee is meeting during |
2184 | the interim, its application shall be made to the circuit court |
2185 | pursuant to Rule 16.6. |
2186 | (d) A person guilty of contempt under this rule may be |
2187 | fined not more than $500 or imprisoned not more than 90 days or |
2188 | both, or may be subject to such other punishment as the House |
2189 | may, in the exercise of its inherent powers, impose prior to and |
2190 | in lieu of the imposition of the aforementioned penalty. |
2191 | (e) The sheriffs in the several counties shall make such |
2192 | service and execute all process or orders when required by |
2193 | standing or select committees. Sheriffs shall be paid as |
2194 | provided for in s. 30.231, Florida Statutes. |
2195 | |
2196 | 16.3-False Swearing |
2197 | Whoever willfully affirms or swears falsely in regard to any |
2198 | material matter or thing before any standing or select committee |
2199 | is guilty of false swearing in an official proceeding, which is |
2200 | a felony of the second degree and shall be punished as provided |
2201 | in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. |
2202 | |
2203 | 16.4-Rights of Witnesses |
2204 | (a) All witnesses summoned before any standing or select |
2205 | committee shall receive reimbursement for travel expenses and |
2206 | per diem at the rates provided in s. 112.061, Florida Statutes. |
2207 | However, the fact that such reimbursement is not tendered at the |
2208 | time the subpoena is served shall not excuse the witness from |
2209 | appearing as directed therein. |
2210 | (b) Service of a subpoena requiring the attendance of a |
2211 | person at a meeting of a standing or select committee shall be |
2212 | made in the manner provided by law for the service of subpoenas |
2213 | in a civil action at least 7 days prior to the date of the |
2214 | meeting unless a shorter period of time is authorized by |
2215 | majority vote of all the members of such committee. If a shorter |
2216 | period of time is authorized, the persons subpoenaed shall be |
2217 | given reasonable notice of the meeting, consistent with the |
2218 | particular circumstances involved. |
2219 | (c) Any person who is served with a subpoena to attend a |
2220 | meeting of any standing or select committee also shall be served |
2221 | with a general statement informing the person of the subject |
2222 | matter of such committee's investigation or inquiry and a notice |
2223 | that the person may be accompanied at the meeting by private |
2224 | counsel. |
2225 | (d) Upon the request of any party and the approval of a |
2226 | majority of the standing or select committee, the chair shall |
2227 | instruct all witnesses to leave the meeting room and retire to a |
2228 | designated place. The witness shall be instructed by the chair |
2229 | not to discuss the testimony of the witness or the testimony of |
2230 | any other person with anyone until the meeting has been |
2231 | adjourned and the witness has been discharged by the chair. The |
2232 | witness shall be further instructed that if any person discusses |
2233 | or attempts to discuss the matter under investigation with the |
2234 | witness after receiving such instructions, the witness shall |
2235 | bring such matter to the attention of such committee. No member |
2236 | of such committee or representative thereof may discuss any |
2237 | matter or matters pertinent to the subject matter under |
2238 | investigation with any witness to be called before such |
2239 | committee from the time that these instructions are given until |
2240 | the meeting has been adjourned and the witness has been |
2241 | discharged by the chair. Any person violating this subsection |
2242 | shall be in contempt of the House. |
2243 | (e) Any standing or select committee taking sworn |
2244 | testimony from witnesses as provided herein shall cause a record |
2245 | to be made of all proceedings in which testimony or other |
2246 | evidence is demanded or adduced, which record shall include |
2247 | rulings of the chair, questions of such committee and its staff, |
2248 | the testimony or responses of witnesses, sworn written |
2249 | statements submitted to the committee, and such other matters as |
2250 | the committee or its chair may direct. |
2251 | (f) A witness at a meeting, upon advance request and at |
2252 | the witness's own expense, shall be furnished a certified |
2253 | transcript of the witness's testimony at the meeting. |
2254 | |
2255 | 16.5-Right of Other Persons to be Heard |
2256 | (a) Any person who, in the opinion of the committee, is |
2257 | adversely affected as a result of being mentioned or otherwise |
2258 | identified during a meeting being conducted for the purpose of |
2259 | taking sworn testimony from witnesses of any standing or select |
2260 | committee may, upon the request of the person or upon the |
2261 | request of any member of such committee, appear personally |
2262 | before such committee and testify on the person's own behalf, |
2263 | or, with such committee's consent, file a sworn written |
2264 | statement of facts or other documentary evidence for |
2265 | incorporation into the record of the meeting. Any such witness, |
2266 | however, shall, prior to filing such statement, consent to |
2267 | answer questions from such committee regarding the contents of |
2268 | the statement. |
2269 | (b) Upon the consent of a majority of the members present, |
2270 | a quorum having been established, any standing or select |
2271 | committee may permit any other person to appear and testify at a |
2272 | meeting or submit a sworn written statement of facts or other |
2273 | documentary evidence for incorporation into the record. No |
2274 | request to appear, appearance, or submission shall limit in any |
2275 | way the committee's power of subpoena. Any such witness, |
2276 | however, shall, prior to filing such statement, consent to |
2277 | answer questions from any standing or select committee regarding |
2278 | the contents of the statement. |
2279 | |
2280 | 16.6-Enforcement of Subpoena Out of Session |
2281 | If any witness fails to respond to the lawful subpoena of any |
2282 | standing or select committee at a time when the Legislature is |
2283 | not in session or, having responded, fails to answer all lawful |
2284 | inquiries or to turn over evidence that has been subpoenaed, |
2285 | such committee may file a complaint before any circuit court of |
2286 | the state setting up such failure on the part of the witness. On |
2287 | the filing of such complaint, the court shall take jurisdiction |
2288 | of the witness and the subject matter of the complaint and shall |
2289 | direct the witness to respond to all lawful questions and to |
2290 | produce all documentary evidence in the possession of the |
2291 | witness that is lawfully demanded. The failure of any witness to |
2292 | comply with such order of the court shall constitute a direct |
2293 | and criminal contempt of court, and the court shall punish such |
2294 | witness accordingly. |
2295 | |
2296 | 16.7-Definition |
2297 | Pursuant to Rule 7.1(b) and for purposes of Rule 16, the term |
2298 | "committee" includes the House and any subcommittee thereof. |
2299 | |
2300 | |
2301 | |
2302 | 17.1-Obligations of a Lobbyist |
2303 | (a) A lobbyist shall supply facts, information, and |
2304 | opinions of principals to legislators from the point of view |
2305 | that the lobbyist openly declares. A lobbyist shall not offer or |
2306 | propose anything that may reasonably be construed to improperly |
2307 | influence the official act, decision, or vote of a legislator, |
2308 | nor shall a lobbyist attempt to improperly influence the |
2309 | selection of officers or employees of the House. A lobbyist, by |
2310 | personal example and admonition to colleagues, shall maintain |
2311 | the honor of the legislative process by the integrity of the |
2312 | lobbyist's relationship with legislators as well as with the |
2313 | principals whom the lobbyist represents. |
2314 | (b) A lobbyist shall not knowingly and willfully falsify, |
2315 | conceal, or cover up, by any trick, scheme, or device, a |
2316 | material fact; make any false, fictitious, or fraudulent |
2317 | statement or representation; or make or use any writing or |
2318 | document knowing the same to contain any false, fictitious, or |
2319 | fraudulent statement or entry. |
2320 | (c) During a regular session, or any extended or special |
2321 | session, a lobbyist may not contribute to a member's campaign. |
2322 | (d) A lobbyist may not make any expenditure prohibited by |
2323 | s. 11.045(4)(a), Florida Statutes. |
2324 | (e) No registered lobbyist shall be permitted upon the |
2325 | floor of the House while it is in session. |
2326 | |
2327 | 17.2-Advisory Opinions; Compilation Thereof |
2328 | A lobbyist, when in doubt about the applicability and |
2329 | interpretation of Rule 17.1 in a particular context related to |
2330 | that lobbyist's conduct, or any person when in doubt about the |
2331 | applicability and interpretation of s. 11.045, s. 112.3148, or |
2332 | s. 112.3149, Florida Statutes, as such statute or statutes may |
2333 | apply to that person, may request an advisory opinion under this |
2334 | rule. Such request shall be in writing, addressed to the |
2335 | Speaker, and shall contain the relevant facts. The Speaker shall |
2336 | either refer the issue to the House general counsel for review |
2337 | and drafting of an advisory opinion of the Speaker or refer the |
2338 | issue to a committee designated by the Speaker to have |
2339 | responsibility for the ethical conduct of lobbyists, and the |
2340 | person requesting the advisory opinion may appear in person |
2341 | before such committee. The Speaker or this committee shall |
2342 | render advisory opinions to the person who seeks advice as to |
2343 | whether the facts as described in the request and any |
2344 | supplemental communication would constitute a violation of such |
2345 | rule or statute by that person. Such opinion, until amended or |
2346 | revoked, shall be binding upon the House in any proceeding upon |
2347 | a subsequent complaint concerning the person who sought the |
2348 | opinion and acted on it in good faith, unless material facts |
2349 | were omitted or misstated in the request for the advisory |
2350 | opinion. Upon request of the person who requested the advisory |
2351 | opinion or any member, the committee designated by the Speaker |
2352 | to have responsibility for the ethical conduct of lobbyists may |
2353 | revise any advisory opinion issued by the Speaker or may revise |
2354 | any advisory opinion issued by the general counsel of the Office |
2355 | of Legislative Services under Joint Rule 1.8. The House general |
2356 | counsel or this committee shall make sufficient deletions to |
2357 | prevent disclosing the identity of persons in the decisions or |
2358 | opinions. All advisory opinions of the Speaker or this committee |
2359 | shall be numbered, dated, and published in an annual publication |
2360 | of the House. The Clerk shall keep a compilation of all advisory |
2361 | opinions. |
2362 | |
2363 | 17.3-Penalties for Violations |
2364 | Separately from any prosecutions or penalties otherwise provided |
2365 | by law, any person determined to have violated the foregoing |
2366 | requirements of Rule 17, any provision in Joint Rule One, or s. |
2367 | 11.045, s. 112.3148, or s. 112.3149, Florida Statutes, may be |
2368 | reprimanded, censured, prohibited from lobbying for all or any |
2369 | part of the legislative biennium during which the recommended |
2370 | order is proposed, or have such other penalty imposed as may be |
2371 | appropriate. Such determination shall be made by a majority of |
2372 | the House, upon recommendation of the Rules & Calendar Committee |
2373 | pursuant to Rule 18. Any prohibition or other limitation imposed |
2374 | by the House may be continued for up to a total of 2 years by a |
2375 | determination made by a majority of the House at or following |
2376 | the Organization Session following the biennium during which |
2377 | such prohibition or other limitation was imposed. |
2378 | |
2379 | |
2380 | |
2381 | |
2382 | 18.1-Complaints against Members and Officers of the House, |
2383 | Lobbyists, and Other Persons; Procedure |
2384 | Rule 18 governs proceedings on all complaints under the |
2385 | jurisdiction of the House. Such complaints include: |
2386 | (a) Those alleging violation of law, violation of the |
2387 | House Code of Conduct, or improper conduct of a member or |
2388 | officer that may reflect upon the House; or |
2389 | (b) Violations of Joint Rule One or s. 11.045, s. |
2390 | 112.3148, or s. 112.3149, Florida Statutes, by any lobbyist or |
2391 | person other than a member of the House. |
2392 | |
2393 | 18.2-Violations; Investigations |
2394 | (a) Any person may file a sworn complaint with the Chair |
2395 | of the Rules & Calendar Committee alleging a violation as |
2396 | provided in Rule 18.1. The complaint shall be based on personal |
2397 | knowledge of the complainant, shall state detailed facts, shall |
2398 | specify the actions of the named respondent which form the basis |
2399 | for the complaint, and shall identify each specific rule or law |
2400 | alleged by the complainant to have been violated. |
2401 | (b) Upon a determination by the Chair of the Rules & |
2402 | Calendar Committee that the complaint states facts supporting a |
2403 | finding of probable cause, the Speaker shall refer the complaint |
2404 | to a special master or to a select committee. Upon a |
2405 | determination by the Chair of the Rules & Calendar Committee |
2406 | that the complaint fails to state facts supporting a finding of |
2407 | probable cause, the complaint shall be dismissed. |
2408 | (c) Upon referral by the Speaker of a complaint under |
2409 | subsection (b), the special master or select committee shall |
2410 | conduct an investigation, shall give reasonable notice to the |
2411 | respondent, and shall grant the respondent an opportunity to be |
2412 | heard unless the investigation fails to reveal facts supporting |
2413 | a finding of probable cause. A special master's or select |
2414 | committee's report and recommendation is advisory only and shall |
2415 | be presented to the Chair of the Rules & Calendar Committee as |
2416 | soon as practicable after the close of the investigation. If the |
2417 | report and recommendation conclude that the facts do not support |
2418 | a finding of probable cause, the complaint shall be dismissed by |
2419 | the Chair of the Rules & Calendar Committee. |
2420 | (d) If the complaint is not dismissed by the special |
2421 | master or the select committee, the Rules & Calendar Committee |
2422 | shall consider the report and recommendation, shall grant the |
2423 | respondent an opportunity to be heard, and shall develop its own |
2424 | recommendation. If the complaint is against the Chair of the |
2425 | Rules & Calendar Committee, the chair is excused and the vice |
2426 | chair shall conduct the deliberation. If the Rules & Calendar |
2427 | Committee votes to dismiss the complaint, the Chair of the Rules |
2428 | & Calendar Committee or vice chair shall dismiss the complaint. |
2429 | Otherwise, the special master's or select committee's report and |
2430 | recommendation and the recommendation of the Rules & Calendar |
2431 | Committee shall be presented to the Speaker. |
2432 | (e) The Speaker shall present the committee's |
2433 | recommendation, along with the special master's report and |
2434 | recommendation, to the House for final action. |
2435 | (f) Nothing in this rule prohibits the Chair of the Rules |
2436 | & Calendar Committee from correcting or preventing the alleged |
2437 | violation by informal means if the chair determines that a |
2438 | violation is inadvertent, technical, or otherwise de minimis. |
2439 | (g) Nothing in this rule prohibits the respondent and the |
2440 | Chair of the Rules & Calendar Committee, the special master, or |
2441 | a select committee from agreeing to a consent decree, which |
2442 | shall state findings of fact, and such penalty as may be |
2443 | appropriate. If the House accepts the consent decree, the |
2444 | complaint pursuant to these rules shall be resolved. |
2445 | (h) The House may move forward with disciplinary |
2446 | proceedings without waiting for the outcome of a criminal case. |
2447 | |
2448 | 18.3-Confidentiality |
2449 | Any material provided to the House in response to a complaint |
2450 | filed under Rule 18 that is confidential under applicable law |
2451 | shall remain confidential and shall not be disclosed except as |
2452 | authorized by applicable law. Except as otherwise provided in |
2453 | this rule, a complaint and the records relating to a complaint |
2454 | shall be available for public inspection upon the dismissal of a |
2455 | complaint, a determination as to probable cause, informal |
2456 | resolution of a complaint, or the receipt by the Speaker of a |
2457 | request in writing from the respondent that the complaint and |
2458 | other records relating to the complaint be made public records. |
2459 | |
2460 | 18.4-Conflict |
2461 | If a complaint is filed against the Chair of the Rules & |
2462 | Calendar Committee, the initial review of the complaint shall be |
2463 | managed by the Speaker or, if designated by the Speaker, the |
2464 | Speaker pro tempore. If a complaint is filed against the |
2465 | Speaker, the duties of the Speaker pursuant to Rule 18 shall be |
2466 | transferred to the Speaker pro tempore. |
2467 | |
2468 | 18.5-Time Limitations |
2469 | (a) A complaint must be filed with the Speaker within 2 |
2470 | years after the alleged violation. |
2471 | (b) A violation of the House Code of Conduct is committed |
2472 | when every element necessary to establish a violation of the |
2473 | rule has occurred, and time starts to run on the day after the |
2474 | violation occurred. |
2475 | (c) The applicable period of limitation is tolled on the |
2476 | day a sworn complaint against the member or officer is filed |
2477 | with the Speaker. |
CODING: Words |