| 1 | House Concurrent Resolution |
| 2 | A concurrent resolution establishing the Joint Rules of |
| 3 | the Florida Legislature for the 2010-2012 term. |
| 4 |
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| 5 | Be It Resolved by the House of Representatives of the State of |
| 6 | Florida, the Senate Concurring: |
| 7 |
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| 8 | That the following joint rules shall govern the Florida |
| 9 | Legislature for the 2010-2012 term: |
| 10 |
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| 11 | JOINT RULES |
| 12 |
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| 13 | Joint Rule One-Lobbyist Registration and Compensation Reporting |
| 14 |
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| 15 | 1.1-Those Required to Register; Exemptions; Committee Appearance |
| 16 | Records |
| 17 | (1) All lobbyists before the Florida Legislature must |
| 18 | register with the Lobbyist Registration Office in the Division |
| 19 | of Legislative Information Services of the Office of Legislative |
| 20 | Services. Registration is required for each principal |
| 21 | represented. |
| 22 | (2) As used in Joint Rule One, unless the context |
| 23 | otherwise requires, the term: |
| 24 | (a) "Compensation" means payment, distribution, loan, |
| 25 | advance, reimbursement, deposit, salary, fee, retainer, or |
| 26 | anything of value provided or owed to a lobbying firm, directly |
| 27 | or indirectly, by a principal for any lobbying activity. |
| 28 | (b) "Division" means the Division of Legislative |
| 29 | Information Services within the Office of Legislative Services. |
| 30 | (c) "Legislative action" means introduction, sponsorship, |
| 31 | testimony, debate, voting, or any other official action on any |
| 32 | measure, resolution, amendment, nomination, appointment, or |
| 33 | report of, or any matter that may be the subject of action by, |
| 34 | either house of the Legislature or any committee thereof. |
| 35 | (d) "Lobby" or "lobbying" means influencing or attempting |
| 36 | to influence legislative action or nonaction through oral or |
| 37 | written communication or an attempt to obtain the goodwill of a |
| 38 | member or employee of the Legislature. |
| 39 | (e) "Lobbying firm" means any business entity, including |
| 40 | an individual contract lobbyist, that receives or becomes |
| 41 | entitled to receive any compensation for the purpose of lobbying |
| 42 | and where any partner, owner, officer, or employee of the |
| 43 | business entity is a lobbyist. "Lobbying firm" does not include |
| 44 | an entity that has employees who are lobbyists if the entity |
| 45 | does not derive compensation from principals for lobbying or if |
| 46 | such compensation is received exclusively from a subsidiary or |
| 47 | affiliate corporation of the employer. As used in this |
| 48 | paragraph, an affiliate corporation is a corporation that |
| 49 | directly or indirectly shares the same ultimate parent |
| 50 | corporation as the employer and does not receive compensation |
| 51 | for lobbying from any unaffiliated entity. |
| 52 | (f) "Lobbyist" means a person who is employed and receives |
| 53 | payment, or who contracts for economic consideration, for the |
| 54 | purpose of lobbying or a person who is principally employed for |
| 55 | governmental affairs by another person or governmental entity to |
| 56 | lobby on behalf of that other person or governmental entity. An |
| 57 | employee of the principal is not a "lobbyist" unless the |
| 58 | employee is principally employed for governmental affairs. |
| 59 | "Principally employed for governmental affairs" means that one |
| 60 | of the principal or most significant responsibilities of the |
| 61 | employee to the employer is overseeing the employer's various |
| 62 | relationships with government or representing the employer in |
| 63 | its contacts with government. Any person employed by the |
| 64 | Governor, the Executive Office of the Governor, or any executive |
| 65 | or judicial department of the state or any community college of |
| 66 | the state who seeks to encourage the passage, defeat, or |
| 67 | modification of any legislation by personal appearance or |
| 68 | attendance before the House of Representatives or the Senate, or |
| 69 | any member or committee thereof, is a lobbyist. |
| 70 | (g) "Payment" or "salary" means wages or any other |
| 71 | consideration provided in exchange for services but does not |
| 72 | include reimbursement for expenses. |
| 73 | (h) "Principal" means the person, firm, corporation, or |
| 74 | other entity that has employed or retained a lobbyist. When an |
| 75 | association has employed or retained a lobbyist, the association |
| 76 | is the principal; the individual members of the association are |
| 77 | not principals merely because of their membership in the |
| 78 | association. |
| 79 | (i) "Unusual circumstances," with respect to any failure |
| 80 | of a person to satisfy a filing requirement, means uncommon, |
| 81 | rare, or sudden events over which the person has no control and |
| 82 | which directly result in the failure to satisfy the filing |
| 83 | requirement. |
| 84 | (3) For purposes of this rule, the terms "lobby" and |
| 85 | "lobbying" do not include any of the following: |
| 86 | (a) Response to an inquiry for information made by any |
| 87 | member, committee, or staff of the Legislature. |
| 88 | (b) An appearance in response to a legislative subpoena. |
| 89 | (c) Advice or services that arise out of a contractual |
| 90 | obligation with the Legislature, a member, a committee, any |
| 91 | staff, or any legislative entity to render the advice or |
| 92 | services where such obligation is fulfilled through the use of |
| 93 | public funds. |
| 94 | (d) Representation of a client before the House of |
| 95 | Representatives or the Senate, or any member or committee |
| 96 | thereof, when the client is subject to disciplinary action by |
| 97 | the House of Representatives or the Senate, or any member or |
| 98 | committee thereof. |
| 99 | (4) For purposes of registration and reporting, the term |
| 100 | "lobbyist" does not include any of the following: |
| 101 | (a) A member of the Legislature. |
| 102 | (b) A person who is employed by the Legislature. |
| 103 | (c) A judge who is acting in that judge's official |
| 104 | capacity. |
| 105 | (d) A person who is a state officer holding elective |
| 106 | office or an officer of a political subdivision of the state |
| 107 | holding elective office and who is acting in that officer's |
| 108 | official capacity. |
| 109 | (e) A person who appears as a witness or for the purpose |
| 110 | of providing information at the written request of the chair of |
| 111 | a committee, subcommittee, or legislative delegation. |
| 112 | (f) A person employed by any executive or judicial |
| 113 | department of the state or any community college of the state |
| 114 | who makes a personal appearance or attendance before the House |
| 115 | of Representatives or the Senate, or any member or committee |
| 116 | thereof, while that person is on approved leave or outside |
| 117 | normal working hours and who does not otherwise meet the |
| 118 | definition of lobbyist. |
| 119 | (5) When a person, regardless of whether the person is |
| 120 | registered as a lobbyist, appears before a committee of the |
| 121 | Legislature, that person must submit a Committee Appearance |
| 122 | Record as required by the respective house. |
| 123 | (6) The responsibilities of the division and of the |
| 124 | Lobbyist Registration Office under Joint Rule One may be |
| 125 | assigned to another entity by agreement of the President of the |
| 126 | Senate and the Speaker of the House of Representatives for a |
| 127 | contract period not to extend beyond December 1 following the |
| 128 | Organization Session of the next biennium, provided that the |
| 129 | powers and duties of the President, the Speaker, the General |
| 130 | Counsel of the Office of Legislative Services, and any |
| 131 | legislative committee referenced in Joint Rule One may not be |
| 132 | delegated. |
| 133 |
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| 134 | 1.2-Method of Registration |
| 135 | (1) Each person who is required to register must register |
| 136 | on forms furnished by the Lobbyist Registration Office, on which |
| 137 | that person must state, under oath, that person's full legal |
| 138 | name, business address, and telephone number, the name and |
| 139 | business address of each principal that person represents, and |
| 140 | the extent of any direct business association or partnership |
| 141 | that person has with any member of the Legislature. In addition, |
| 142 | if the lobbyist is a partner, owner, officer, or employee of a |
| 143 | lobbying firm, the lobbyist must state the name, address, and |
| 144 | telephone number of each lobbying firm to which the lobbyist |
| 145 | belongs. The Lobbyist Registration Office or its designee is |
| 146 | authorized to acknowledge the oath of any person who registers |
| 147 | in person. Any changes to the information provided in the |
| 148 | registration form must be reported to the Lobbyist Registration |
| 149 | Office in writing within 15 days on forms furnished by the |
| 150 | Lobbyist Registration Office. |
| 151 | (2) Any person required to register must do so with |
| 152 | respect to each principal prior to commencement of lobbying on |
| 153 | behalf of that principal. At the time of registration, the |
| 154 | registrant shall provide a statement on a form provided by the |
| 155 | Lobbyist Registration Office, signed by the principal or |
| 156 | principal's representative, that the registrant is authorized to |
| 157 | represent the principal. On the authorization statement, the |
| 158 | principal or principal's representative shall also identify and |
| 159 | designate the principal's main business pursuant to a |
| 160 | classification system approved by the Office of Legislative |
| 161 | Services that shall be the North American Industry |
| 162 | Classification System (NAICS) six-digit numerical code that most |
| 163 | accurately describes the principal's main business. |
| 164 | (3) Any person required to register must renew the |
| 165 | registration annually for each calendar year. |
| 166 | (4) A lobbyist shall promptly send a notice to the |
| 167 | Lobbyist Registration Office, on forms furnished by the Lobbyist |
| 168 | Registration Office, canceling the registration for a principal |
| 169 | upon termination of the lobbyist's representation of that |
| 170 | principal. A notice of cancellation takes effect the day it is |
| 171 | received by the Lobbyist Registration Office. Notwithstanding |
| 172 | this requirement, the Lobbyist Registration Office may remove |
| 173 | the name of a lobbyist from the list of registered lobbyists if |
| 174 | the principal notifies the Lobbyist Registration Office that the |
| 175 | lobbyist is no longer authorized to represent that principal. |
| 176 | (5) The Lobbyist Registration Office shall retain all |
| 177 | original registration documents submitted under this rule. |
| 178 | (6) A person who is required to register under Joint Rule |
| 179 | One, or who chooses to register, shall be considered a lobbyist |
| 180 | of the Legislature for the purposes of ss. 11.045, 112.3148, and |
| 181 | 112.3149, Florida Statutes. |
| 182 |
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| 183 | 1.3-Registration Costs; Exemptions |
| 184 | (1) To cover the costs incurred in administering Joint |
| 185 | Rule One, each person who registers under Joint Rule 1.1 must |
| 186 | pay an annual registration fee to the Lobbyist Registration |
| 187 | Office. The annual period runs from January 1 to December 31. |
| 188 | These fees must be paid at the time of registration. |
| 189 | (2) The following persons are exempt from paying the fee, |
| 190 | provided they are designated in writing by the agency head or |
| 191 | person designated in this subsection: |
| 192 | (a) Two employees of each department of the executive |
| 193 | branch created under chapter 20, Florida Statutes. |
| 194 | (b) Two employees of the Fish and Wildlife Conservation |
| 195 | Commission. |
| 196 | (c) Two employees of the Executive Office of the Governor. |
| 197 | (d) Two employees of the Commission on Ethics. |
| 198 | (e) Two employees of the Florida Public Service |
| 199 | Commission. |
| 200 | (f) Two employees of the judicial branch designated in |
| 201 | writing by the Chief Justice of the Florida Supreme Court. |
| 202 | (3) The annual fee is up to $50 per each house for a |
| 203 | person to register to represent one principal and up to an |
| 204 | additional $10 per house for each additional principal that the |
| 205 | person registers to represent. The amount of each fee shall be |
| 206 | established annually by the President of the Senate and the |
| 207 | Speaker of the House of Representatives. The fees set shall be |
| 208 | adequate to ensure operation of the lobbyist registration and |
| 209 | reporting operations of the Lobbyist Registration Office. The |
| 210 | fees collected by the Lobbyist Registration Office under this |
| 211 | rule shall be deposited in the State Treasury and credited to |
| 212 | the Legislative Lobbyist Registration Trust Fund specifically to |
| 213 | cover the costs incurred in administering Joint Rule One. |
| 214 |
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| 215 | 1.4-Reporting of Lobbying Firm Compensation |
| 216 | (1)(a) Each lobbying firm shall file a compensation report |
| 217 | with the division for each calendar quarter during any portion |
| 218 | of which one or more of the firm's lobbyists were registered to |
| 219 | represent a principal. The report shall include the: |
| 220 | 1. Full name, business address, and telephone number of |
| 221 | the lobbying firm; |
| 222 | 2. Registration name of each of the firm's lobbyists; and |
| 223 | 3. Total compensation provided or owed to the lobbying |
| 224 | firm from all principals for the reporting period, reported in |
| 225 | one of the following categories: $0; $1 to $49,999; $50,000 to |
| 226 | $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to |
| 227 | $999,999; or $1 million or more. |
| 228 | (b) For each principal represented by one or more of the |
| 229 | firm's lobbyists, the lobbying firm's compensation report shall |
| 230 | also include the: |
| 231 | 1. Full name, business address, and telephone number of |
| 232 | the principal; and |
| 233 | 2. Total compensation provided or owed to the lobbying |
| 234 | firm for the reporting period, reported in one of the following |
| 235 | categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to |
| 236 | $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or |
| 237 | more. If the category "$50,000 or more" is selected, the |
| 238 | specific dollar amount of compensation must be reported, rounded |
| 239 | up or down to the nearest $1,000. |
| 240 | (c) If the lobbying firm subcontracts work from another |
| 241 | lobbying firm and not from the original principal: |
| 242 | 1. The lobbying firm providing the work to be |
| 243 | subcontracted shall be treated as the reporting lobbying firm's |
| 244 | principal for reporting purposes under this paragraph; and |
| 245 | 2. The reporting lobbying firm shall, for each lobbying |
| 246 | firm identified as the reporting lobbying firm's principal under |
| 247 | paragraph (b), identify the name and address of the principal |
| 248 | originating the lobbying work. |
| 249 | (d) The senior partner, officer, or owner of the lobbying |
| 250 | firm shall certify to the veracity and completeness of the |
| 251 | information submitted pursuant to this rule; certify that no |
| 252 | compensation has been omitted from this report by deeming such |
| 253 | compensation as "consulting services," "media services," |
| 254 | "professional services," or anything other than compensation; |
| 255 | and certify that no officer or employee of the firm has made an |
| 256 | expenditure in violation of s. 11.045, Florida Statutes, as |
| 257 | amended by chapter 2005-359, Laws of Florida. |
| 258 | (2) For each principal represented by more than one |
| 259 | lobbying firm, the division shall aggregate the reporting-period |
| 260 | and calendar-year compensation reported as provided or owed by |
| 261 | the principal. Compensation reported within a category shall be |
| 262 | aggregated as follows: |
| 263 |
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| | | Category (dollars) | Dollar amount to use aggregating |
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| | | $50,000 or more | Actual amount reported |
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| 271 |
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| 272 | (3) The reporting statements shall be filed no later than |
| 273 | 45 days after the end of each reporting period. The four |
| 274 | reporting periods are from January 1 through March 31, April 1 |
| 275 | through June 30, July 1 through September 30, and October 1 |
| 276 | through December 31, respectively. The statements shall be |
| 277 | rendered in the identical form provided by the respective houses |
| 278 | and shall be open to public inspection. Reporting statements |
| 279 | shall be filed by electronic means through the electronic filing |
| 280 | system developed by the division, conforming to subsection (4). |
| 281 | (4) The electronic filing system for compensation |
| 282 | reporting shall include the following: |
| 283 | (a) As used in this rule, the term "electronic filing |
| 284 | system" means an Internet system for recording and reporting |
| 285 | lobbying compensation and other required information by |
| 286 | reporting period. |
| 287 | (b) A report filed pursuant to this rule must be completed |
| 288 | and filed through the electronic filing system not later than |
| 289 | 11:59 p.m. of the day designated in subsection (3). A report not |
| 290 | filed by 11:59 p.m. of the day designated is a late-filed report |
| 291 | and is subject to the penalties under Joint Rule 1.5(1). |
| 292 | (c) Each person given secure sign-on credentials to file |
| 293 | via the electronic filing system is responsible for protecting |
| 294 | the credentials from disclosure and is responsible for all |
| 295 | filings made by use of such credentials, unless and until the |
| 296 | division is notified that the person's credentials have been |
| 297 | compromised. Each report filed by electronic means pursuant to |
| 298 | this rule shall be deemed certified in accordance with paragraph |
| 299 | (1)(d) by the person given the secure sign-on credentials and, |
| 300 | as such, subjects the person and the lobbying firm to the |
| 301 | provisions of s. 11.045(8), Florida Statutes, as well as any |
| 302 | discipline provided under the rules of the Senate or House of |
| 303 | Representatives. |
| 304 | (d) The electronic filing system shall: |
| 305 | 1. Be based on access by means of the Internet. |
| 306 | 2. Be accessible by anyone with Internet access using |
| 307 | standard web-browsing software. |
| 308 | 3. Provide for direct entry of compensation-report |
| 309 | information as well as upload of such information from software |
| 310 | authorized by the division. |
| 311 | 4. Provide a method that prevents unauthorized access to |
| 312 | electronic filing system functions. |
| 313 | 5. Provide for the issuance of an electronic receipt to |
| 314 | the person submitting the report indicating and verifying the |
| 315 | date and time that the report was filed. |
| 316 | (5) The division shall provide reasonable public notice of |
| 317 | the electronic filing procedures and of any significant changes |
| 318 | in such procedures. If, whenever they deem it necessary, the |
| 319 | President of the Senate and the Speaker of the House of |
| 320 | Representatives jointly declare the electronic system not to be |
| 321 | operable, the reports shall be filed in the manner required |
| 322 | prior to April 1, 2007, as provided by House Concurrent |
| 323 | Resolution 7011 (2007), enrolled, unless the President of the |
| 324 | Senate and the Speaker of the House of Representatives direct |
| 325 | use of an alternate means of reporting. The division shall |
| 326 | develop and maintain such alternative means as may be |
| 327 | practicable. Public notice of changes in filing procedures and |
| 328 | any declaration or direction of the President of the Senate and |
| 329 | the Speaker of the House of Representatives may be provided by |
| 330 | publication for a continuous period of reasonable time on one or |
| 331 | more Internet websites maintained by the Senate and the House of |
| 332 | Representatives. |
| 333 |
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| 334 | 1.5-Failure to File Timely Compensation Report; Notice and |
| 335 | Assessment of Fines; Appeals |
| 336 | (1) Upon determining that the report is late, the person |
| 337 | designated to review the timeliness of reports shall immediately |
| 338 | notify the lobbying firm as to the failure to timely file the |
| 339 | report and that a fine is being assessed for each late day. The |
| 340 | fine shall be $50 per day per report for each late day, not to |
| 341 | exceed $5,000 per report. |
| 342 | (2) Upon receipt of the report, the person designated to |
| 343 | review the timeliness of reports shall determine the amount of |
| 344 | the fine based on when the report is actually received by the |
| 345 | division or when the electronic receipt issued by the electronic |
| 346 | filing system is dated, whichever is earlier. |
| 347 | (3) Such fine shall be paid within 30 days after the |
| 348 | notice of payment due is transmitted by the person designated to |
| 349 | review the timeliness of reports, unless appeal is made to the |
| 350 | division. The moneys shall be deposited into the Legislative |
| 351 | Lobbyist Registration Trust Fund. |
| 352 | (4) A fine shall not be assessed against a lobbying firm |
| 353 | the first time the report for which the lobbying firm is |
| 354 | responsible is not timely filed. However, to receive the one- |
| 355 | time fine waiver, the report for which the lobbying firm is |
| 356 | responsible must be filed within 30 days after notice that the |
| 357 | report has not been timely filed is transmitted by the person |
| 358 | designated to review the timeliness of reports. A fine shall be |
| 359 | assessed for any subsequent late-filed reports. |
| 360 | (5) Any lobbying firm may appeal or dispute a fine, based |
| 361 | upon unusual circumstances surrounding the failure to file on |
| 362 | the designated due date, and may request and shall be entitled |
| 363 | to a hearing before the General Counsel of the Office of |
| 364 | Legislative Services, who shall recommend to the President of |
| 365 | the Senate and the Speaker of the House of Representatives, or |
| 366 | their respective designees, that the fine be waived in whole or |
| 367 | in part for good cause shown. The President of the Senate and |
| 368 | the Speaker of the House of Representatives, or their respective |
| 369 | designees, may by joint agreement concur in the recommendation |
| 370 | and waive the fine in whole or in part. Any such request shall |
| 371 | be made within 30 days after the notice of payment due is |
| 372 | transmitted by the person designated to review the timeliness of |
| 373 | reports. In such case, the lobbying firm shall, within the 30- |
| 374 | day period, notify the person designated to review the |
| 375 | timeliness of reports in writing of his or her intention to |
| 376 | request a hearing. |
| 377 | (6) A lobbying firm may request that the filing of a |
| 378 | report be waived upon good cause shown, based on unusual |
| 379 | circumstances. The request must be filed with the General |
| 380 | Counsel of the Office of Legislative Services, who shall make a |
| 381 | recommendation concerning the waiver request to the President of |
| 382 | the Senate and the Speaker of the House of Representatives. The |
| 383 | President of the Senate and the Speaker of the House of |
| 384 | Representatives may, by joint agreement, grant or deny the |
| 385 | request. |
| 386 | (7)(a) All lobbyist registrations for lobbyists who are |
| 387 | partners, owners, officers, or employees of a lobbying firm that |
| 388 | fails to timely pay a fine are automatically suspended until the |
| 389 | fine is paid or waived and all late reports have been filed or |
| 390 | waived. The division shall promptly notify all affected |
| 391 | principals, the President of the Senate, and the Speaker of the |
| 392 | House of Representatives of any suspension or reinstatement. All |
| 393 | lobbyists who are partners, owners, officers, or employees of a |
| 394 | lobbying firm are jointly and severally liable for any |
| 395 | outstanding fine owed by a lobbying firm. |
| 396 | (b) No such lobbyist may be reinstated in any capacity |
| 397 | representing any principal until the fine is paid and all late |
| 398 | reports have been filed or waived or until the fine is waived as |
| 399 | to that lobbyist and all late reports for that lobbyist have |
| 400 | been filed or waived. A suspended lobbyist may request a waiver |
| 401 | upon good cause shown, based on unusual circumstances. The |
| 402 | request must be filed with the General Counsel of the Office of |
| 403 | Legislative Services who shall, as soon as practicable, make a |
| 404 | recommendation concerning the waiver request to the President of |
| 405 | the Senate and the Speaker of the House of Representatives. The |
| 406 | President of the Senate and the Speaker of the House of |
| 407 | Representatives may, by joint agreement, grant or deny the |
| 408 | request. |
| 409 | (8) The person designated to review the timeliness of |
| 410 | reports shall notify the director of the division of the failure |
| 411 | of a lobbying firm to file a report after notice or of the |
| 412 | failure of a lobbying firm to pay the fine imposed. |
| 413 |
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| 414 | 1.6-Open Records; Internet Publication of Registrations and |
| 415 | Compensation Reports |
| 416 | (1) All of the lobbyist registration forms and |
| 417 | compensation reports received by the Lobbyist Registration |
| 418 | Office shall be available for public inspection and for |
| 419 | duplication at reasonable cost. |
| 420 | (2) The division shall make information filed pursuant to |
| 421 | Joint Rules 1.2 and 1.4 reasonably available on the Internet in |
| 422 | an easily understandable and accessible format. The Internet |
| 423 | website shall include, but not be limited to, the names and |
| 424 | business addresses of lobbyists, lobbying firms, and principals, |
| 425 | the affiliations between lobbyists and principals, and the |
| 426 | classification system designated and identified with respect to |
| 427 | principals pursuant to Joint Rule 1.2. |
| 428 |
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| 429 | 1.7-Records Retention and Inspection and Complaint Procedure |
| 430 | (1) Each lobbying firm and each principal shall preserve |
| 431 | for a period of 4 years all accounts, bills, receipts, computer |
| 432 | records, books, papers, and other documents and records |
| 433 | necessary to substantiate compensation reports. |
| 434 | (2) Upon receipt of a complaint based upon the personal |
| 435 | knowledge of the complainant made pursuant to the Senate Rules |
| 436 | or Rules of the House of Representatives, any such documents and |
| 437 | records may be inspected when authorized by the President of the |
| 438 | Senate or the Speaker of the House of Representatives, as |
| 439 | applicable. The person authorized to perform the inspection |
| 440 | shall be designated in writing and shall be a member of The |
| 441 | Florida Bar or a certified public accountant licensed in |
| 442 | Florida. Any information obtained by such an inspection may only |
| 443 | be used for purposes authorized by law, this Joint Rule One, |
| 444 | Senate Rules, or Rules of the House of Representatives, which |
| 445 | purposes may include the imposition of sanctions against a |
| 446 | person subject to Joint Rule One, the Senate Rules, or the Rules |
| 447 | of the House of Representatives. Any employee who uses that |
| 448 | information for an unauthorized purpose is subject to |
| 449 | discipline. Any member who uses that information for an |
| 450 | unauthorized purpose is subject to discipline under the |
| 451 | applicable rules of each house. |
| 452 | (3) The right of inspection may be enforced by appropriate |
| 453 | writ issued by any court of competent jurisdiction. |
| 454 |
|
| 455 | 1.8-Questions Regarding Interpretation of this Joint Rule One |
| 456 | (1) A person may request in writing an informal opinion |
| 457 | from the General Counsel of the Office of Legislative Services |
| 458 | as to the application of this Joint Rule One to a specific |
| 459 | situation involving that person's conduct. The General Counsel |
| 460 | shall issue the opinion within 10 days after receiving the |
| 461 | request. The informal opinion may be relied upon by the person |
| 462 | who requested the informal opinion. A copy of each informal |
| 463 | opinion that is issued shall be provided to the presiding |
| 464 | officer of each house. A committee of either house designated |
| 465 | pursuant to s. 11.045(5), Florida Statutes, may revise any |
| 466 | informal opinion rendered by the General Counsel through an |
| 467 | advisory opinion to the person who requested the informal |
| 468 | opinion. The advisory opinion shall supersede the informal |
| 469 | opinion as of the date the advisory opinion is issued. |
| 470 | (2) A person in doubt about the applicability or |
| 471 | interpretation of this Joint Rule One with respect to that |
| 472 | person's conduct may submit in writing the facts for an advisory |
| 473 | opinion to the committee of either house designated pursuant to |
| 474 | section 11.045(5), Florida Statutes, and may appear in person |
| 475 | before the committee in accordance with s. 11.045(5), Florida |
| 476 | Statutes. |
| 477 |
|
| 478 | 1.9-Effect of Readoption and Revision |
| 479 | All obligations existing under Joint Rule One as of the last day |
| 480 | of the previous legislative biennium are hereby ratified, |
| 481 | preserved, and reimposed pursuant to the terms thereof as of |
| 482 | that date. The provisions of Joint Rule One are imposed |
| 483 | retroactively to the first day of the present legislative |
| 484 | biennium except that provisions new to this revision are |
| 485 | effective on the date of adoption or as otherwise expressly |
| 486 | provided herein. |
| 487 |
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| 488 | Joint Rule Two-General Appropriations Review Period |
| 489 |
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| 490 | 2.1-General Appropriations and Related Bills; Review Periods |
| 491 | (1) A general appropriations bill shall be subject to a |
| 492 | 72-hour public review period before a vote is taken on final |
| 493 | passage of the bill in the form that will be presented to the |
| 494 | Governor. |
| 495 | (2) If a bill is returned to the house in which the bill |
| 496 | originated and the originating house does not concur in all the |
| 497 | amendments or adds additional amendments, no further action |
| 498 | shall be taken on the bill by the nonoriginating house, and a |
| 499 | conference committee shall be established by operation of this |
| 500 | rule to consider the bill. |
| 501 | (3) If a bill is referred to a conference committee by |
| 502 | operation of this rule, a 72-hour public review period shall be |
| 503 | provided prior to a vote being taken on the conference committee |
| 504 | report by either house. |
| 505 | (4) A copy of the bill, a copy of the bill with amendments |
| 506 | adopted by the nonoriginating house, or the conference committee |
| 507 | report shall be furnished to each member of the Legislature, the |
| 508 | Governor, the Chief Justice of the Supreme Court, and each |
| 509 | member of the Cabinet. Copies for the Governor, Chief Justice, |
| 510 | and members of the Cabinet shall be furnished to the official's |
| 511 | office in the Capitol or Supreme Court Building. |
| 512 | (5)(a) Copies required to be furnished under subsection |
| 513 | (4) shall be furnished to members of the Legislature as follows: |
| 514 | 1. A printed copy may be placed on each member's desk in |
| 515 | the appropriate chamber; or |
| 516 | 2. An electronic copy may be furnished to each member. The |
| 517 | Legislature hereby deems and determines that a copy shall have |
| 518 | been furnished to the members of the Legislature when an |
| 519 | electronic copy is made available to every member of the |
| 520 | Legislature. An electronic copy is deemed to have been made |
| 521 | available when it is accessible via the Internet or other |
| 522 | information network consisting of systems ordinarily serving the |
| 523 | members of the Senate or the House of Representatives. |
| 524 | (b) An official other than a member of the Legislature who |
| 525 | is to be furnished a copy of a general appropriations bill under |
| 526 | subsection (4) may officially request that an electronic copy of |
| 527 | the bill be furnished in lieu of a printed copy, and, if |
| 528 | practicable, the copy may be furnished to the official in the |
| 529 | manner requested. |
| 530 | (6) The Secretary of the Senate shall be responsible for |
| 531 | furnishing copies under this rule for Senate bills, House bills |
| 532 | as amended by the Senate, and conference committee reports on |
| 533 | Senate bills. The Clerk of the House shall be responsible for |
| 534 | furnishing copies under this rule for House bills, Senate bills |
| 535 | as amended by the House, and conference committee reports on |
| 536 | House bills. |
| 537 | (7) The 72-hour public review period shall begin to run |
| 538 | upon completion of the furnishing of copies required to be |
| 539 | furnished under subsection (4). The Speaker of the House of |
| 540 | Representatives and the President of the Senate, as appropriate, |
| 541 | shall be informed of the completion time, and such time shall be |
| 542 | announced on the floor prior to vote on final passage in each |
| 543 | house and shall be entered in the journal of each house. |
| 544 | Saturdays, Sundays, and holidays shall be included in the |
| 545 | computation under this rule. |
| 546 | (8) An implementing or conforming bill recommended by a |
| 547 | conference committee shall be subject to a 24-hour public review |
| 548 | period before a vote is taken on the conference committee report |
| 549 | by either house, if the conference committee submits its report |
| 550 | after the furnishing of a general appropriations bill to which |
| 551 | the 72-hour public review period applies. |
| 552 | (9) With respect to each bill that may be affected, a |
| 553 | member of the Senate or the House of Representatives may not |
| 554 | raise a point of order under this rule after a vote is taken on |
| 555 | the bill. Except as may be required by the Florida Constitution, |
| 556 | noncompliance with any requirement of this rule may be waived by |
| 557 | a two-thirds vote of those members present and voting in each |
| 558 | house. |
| 559 |
|
| 560 | 2.2-General Appropriations and Related Bills; Definitions |
| 561 | As used in Joint Rule Two, the term: |
| 562 | (1) "Conforming bill" means a bill that amends the Florida |
| 563 | Statutes to conform to a general appropriations bill. |
| 564 | (2) "General appropriations bill" means a bill that |
| 565 | provides for the salaries of public officers and other current |
| 566 | expenses of the state and contains no subject other than |
| 567 | appropriations. A bill that contains appropriations that are |
| 568 | incidental and necessary solely to implement a substantive law |
| 569 | is not included within this term. For the purposes of Joint Rule |
| 570 | Two and Section 19(d) of Article III of the Florida |
| 571 | Constitution, the Legislature hereby determines that, after a |
| 572 | general appropriations bill has been enacted and establishes |
| 573 | governing law for a particular fiscal year, a bill considered in |
| 574 | any subsequent session that makes net reductions in such enacted |
| 575 | appropriations or that makes supplemental appropriations shall |
| 576 | not be deemed to be a general appropriations bill unless such |
| 577 | bill provides for the salaries of public officers and other |
| 578 | current expenses of the state for a subsequent fiscal year. |
| 579 | (3) "Implementing bill" means a bill, effective for one |
| 580 | fiscal year, implementing a general appropriations bill. |
| 581 |
|
| 582 | Joint Rule Three-Joint Offices and Policies |
| 583 |
|
| 584 | 3.1-Joint Legislative Offices |
| 585 | (1) The following offices of the Legislature are |
| 586 | established: |
| 587 | (a) Office of Economic and Demographic Research. |
| 588 | (b) Office of Legislative Information Technology Services. |
| 589 | (c) Office of Legislative Services. |
| 590 | (d) Office of Program Policy Analysis and Government |
| 591 | Accountability. |
| 592 | (2) Offices established under this rule shall provide |
| 593 | support services to the Legislature that are determined by the |
| 594 | President of the Senate and the Speaker of the House of |
| 595 | Representatives to be necessary and that can be effectively |
| 596 | provided jointly to both houses and other units of the |
| 597 | Legislature. Each office shall be directed by a coordinator |
| 598 | selected by and serving at the pleasure of the President of the |
| 599 | Senate and the Speaker of the House of Representatives. Upon the |
| 600 | initial adoption of these joint rules in a biennium, each |
| 601 | coordinator position shall be deemed vacant until an appointment |
| 602 | is made. |
| 603 | (3) Within the monetary limitations of the approved |
| 604 | operating budget, the salaries and expenses of the coordinator |
| 605 | and the staff of each office shall be governed by joint |
| 606 | policies. |
| 607 | (4) The Office of Legislative Services shall provide |
| 608 | legislative support services other than those prescribed in |
| 609 | subsections (5)-(7). The Division of Statutory Revision and the |
| 610 | Division of Legislative Information shall be two of the |
| 611 | divisions within the Office of Legislative Services. |
| 612 | (5) The Office of Legislative Information Technology |
| 613 | Services shall provide support services to assist the |
| 614 | Legislature in achieving its objectives through the application |
| 615 | of cost-effective information technology. |
| 616 | (6) The Office of Economic and Demographic Research shall |
| 617 | provide research support services, principally regarding |
| 618 | forecasting economic and social trends that affect policymaking, |
| 619 | revenues, and appropriations. |
| 620 | (7) The Office of Program Policy Analysis and Government |
| 621 | Accountability shall: |
| 622 | (a) Perform independent examinations, program reviews, and |
| 623 | other projects as provided by general law, as provided by |
| 624 | concurrent resolution, as directed by the Legislative Auditing |
| 625 | Committee, or as directed by the President of the Senate or the |
| 626 | Speaker of the House and shall provide recommendations, |
| 627 | training, or other services to assist the Legislature. |
| 628 | (b) Transmit to the President of the Senate and the |
| 629 | Speaker of the House of Representatives, by December 1 of each |
| 630 | year, a list of statutory and fiscal changes recommended by |
| 631 | office reports. The recommendations shall be presented in two |
| 632 | categories: one addressing substantive law and policy issues and |
| 633 | the other addressing budget issues. |
| 634 |
|
| 635 | 3.2-Joint Policies |
| 636 | (1) The President of the Senate and the Speaker of the |
| 637 | House of Representatives shall jointly adopt policies they |
| 638 | consider advisable to carry out the functions of the |
| 639 | Legislature. Such policies shall be binding on all employees of |
| 640 | joint offices and joint committees. |
| 641 | (2) The employees of all joint committees and joint |
| 642 | legislative offices shall be under the exclusive control of the |
| 643 | Legislature. No officer or agency in the executive or judicial |
| 644 | branch shall exercise any manner of control over legislative |
| 645 | employees with respect to the exercise of their duties or the |
| 646 | terms and conditions of their employment. |
| 647 |
|
| 648 | Joint Rule Four-Joint Committees |
| 649 |
|
| 650 | 4.1-Standing Joint Committees |
| 651 | (1) The following standing joint committees are |
| 652 | established: |
| 653 | (a) Administrative Procedures Committee. |
| 654 | (b) Committee on Public Counsel Oversight. |
| 655 | (c) Legislative Auditing Committee. |
| 656 | (2) No other joint committee shall exist except as agreed |
| 657 | to by the presiding officers or by concurrent resolution |
| 658 | approved by the Senate and the House of Representatives. |
| 659 | (3) Appointments to each standing joint committee shall be |
| 660 | made or altered and vacancies shall be filled by the Senate and |
| 661 | the House of Representatives in accordance with their respective |
| 662 | rules. There shall be appointed to each standing joint committee |
| 663 | no fewer than five and no more than seven members from each |
| 664 | house. |
| 665 | (4)(a) The President of the Senate shall appoint a member |
| 666 | of the Senate to serve as the chair, and the Speaker of the |
| 667 | House of Representatives shall appoint a member of the House of |
| 668 | Representatives to serve as the vice chair for: |
| 669 | 1. The Legislative Auditing Committee and the Committee on |
| 670 | Public Counsel Oversight, for the period from the Organization |
| 671 | Session until noon on December 1 of the calendar year following |
| 672 | the general election. |
| 673 | 2. The Administrative Procedures Committee for the period |
| 674 | from noon on December 1 of the calendar year following the |
| 675 | general election until the next general election. |
| 676 | (b) The Speaker of the House of Representatives shall |
| 677 | appoint a member of the House of Representatives to serve as the |
| 678 | chair, and the President of the Senate shall appoint a member of |
| 679 | the Senate to serve as the vice chair for: |
| 680 | 1. The Legislative Auditing Committee and the Committee on |
| 681 | Public Counsel Oversight, for the period from noon on December 1 |
| 682 | of the calendar year following the general election until the |
| 683 | next general election. |
| 684 | 2. The Administrative Procedures Committee for the period |
| 685 | from the Organization Session until noon on December 1 of the |
| 686 | calendar year following the general election. |
| 687 | (c) A vacancy in an appointed chair or vice chair shall be |
| 688 | filled in the same manner as the original appointment. |
| 689 |
|
| 690 | 4.2-Procedures in Joint Committees |
| 691 | The following rules shall govern procedures in joint committees |
| 692 | other than conference committees: |
| 693 | (1) A quorum for a joint committee shall be a majority of |
| 694 | the appointees of each house. No business of any type may be |
| 695 | conducted in the absence of a quorum. |
| 696 | (2)(a) Joint committees shall meet only within the dates, |
| 697 | times, and locations authorized by both the President of the |
| 698 | Senate and the Speaker of the House of Representatives. |
| 699 | (b) Joint committee meetings shall meet at the call of the |
| 700 | chair. In the absence of the chair, the vice chair shall assume |
| 701 | the duty to convene and preside over meetings and such other |
| 702 | duties as provided by law or joint rule. During a meeting |
| 703 | properly convened, the presiding chair may temporarily assign |
| 704 | the duty to preside at that meeting to another joint committee |
| 705 | member until the assignment is relinquished or revoked. |
| 706 | (c) Before any joint committee may hold a meeting, a |
| 707 | notice of such meeting shall be provided to the Secretary of the |
| 708 | Senate and the Clerk of the House of Representatives no later |
| 709 | than 4:30 p.m. of the 7th day before the meeting. For purposes |
| 710 | of effecting notice to members of the house to which the chair |
| 711 | does not belong, notice to the Secretary of the Senate shall be |
| 712 | deemed notice to members of the Senate and notice to the Clerk |
| 713 | of the House shall be deemed notice to members of the House of |
| 714 | Representatives. Noticed meetings may be canceled by the chair |
| 715 | with the approval of at least one presiding officer. |
| 716 | (d) If a majority of its members from each house agree, a |
| 717 | joint committee may continue a properly noticed meeting after |
| 718 | the expiration of the time called for the meeting. However, a |
| 719 | joint committee may not meet beyond the time authorized by the |
| 720 | presiding officers without special leave granted by both |
| 721 | presiding officers. |
| 722 | (3) The presiding officers shall interpret, apply, and |
| 723 | enforce rules governing joint committees by agreement when the |
| 724 | rule at issue is a joint rule. Unless otherwise determined or |
| 725 | overruled by an agreement of the presiding officers, the chair |
| 726 | shall determine all questions of order arising in joint |
| 727 | committee meetings, but such determinations may be appealed to |
| 728 | the committee during the meeting. |
| 729 | (4) Each question, including any appeal of a ruling of the |
| 730 | chair, shall be decided by a majority vote of the members of the |
| 731 | joint committee of each house present and voting. |
| 732 |
|
| 733 | 4.3-Powers of Joint Committees |
| 734 | (1) A joint committee may exercise the subpoena powers |
| 735 | vested by law in a standing committee of the Legislature. A |
| 736 | subpoena issued under this rule must be approved and signed by |
| 737 | the President of the Senate and the Speaker of the House of |
| 738 | Representatives and attested by the Secretary of the Senate and |
| 739 | the Clerk of the House. |
| 740 | (2) A joint committee may adopt rules of procedure that do |
| 741 | not conflict with the Florida Constitution or any law or joint |
| 742 | rule, subject to the joint approval of the President of the |
| 743 | Senate and the Speaker of the House of Representatives. |
| 744 | (3) A joint committee may not create subcommittees or |
| 745 | workgroups unless authorized by both presiding officers. |
| 746 |
|
| 747 | 4.4-Administration of Joint Committees |
| 748 | (1) Within the monetary limitations of the approved |
| 749 | operating budget, the expenses of the members and the salaries |
| 750 | and expenses of the staff of each joint committee shall be |
| 751 | governed by joint policies adopted under Joint Rule 3.2. Within |
| 752 | such operating budget, the chair of each joint committee shall |
| 753 | approve all authorized member expenses. |
| 754 | (2) Subject to joint policies adopted under Joint Rule |
| 755 | 3.2, the presiding officers shall appoint and remove the staff |
| 756 | director and, if needed, a general counsel and any other staff |
| 757 | necessary to assist each joint committee. All joint committee |
| 758 | staff shall serve at the pleasure of the presiding officers. |
| 759 | Upon the initial adoption of these joint rules in a biennium, |
| 760 | each joint committee staff director position shall be deemed |
| 761 | vacant until an appointment is made. |
| 762 |
|
| 763 | 4.5-Special Powers and Duties of the Legislative Auditing |
| 764 | Committee |
| 765 | (1) The Legislative Auditing Committee may direct the |
| 766 | Auditor General or the Office of Program Policy Analysis and |
| 767 | Government Accountability to conduct an audit, review, or |
| 768 | examination of any entity or record described in s. 11.45(2) or |
| 769 | (3), Florida Statutes. |
| 770 | (2) The Legislative Auditing Committee may receive |
| 771 | requests for audits and reviews from legislators and any audit |
| 772 | request, petition for audit, or other matter for investigation |
| 773 | directed or referred to it pursuant to general law. The |
| 774 | committee may make any appropriate disposition of such requests |
| 775 | or referrals and shall, within a reasonable time, report to the |
| 776 | requesting party the disposition of any audit request. |
| 777 | (3) The Legislative Auditing Committee may review the |
| 778 | performance of the Auditor General and report thereon to the |
| 779 | Senate and the House of Representatives. |
| 780 |
|
| 781 | 4.6-Special Powers and Duties of the Administrative Procedures |
| 782 | Committee |
| 783 | The Administrative Procedures Committee shall: |
| 784 | (1) Maintain a continuous review of the statutory |
| 785 | authority on which each administrative rule is based and, |
| 786 | whenever such authority is eliminated or significantly changed |
| 787 | by repeal, amendment, holding by a court of last resort, or |
| 788 | other factor, advise the agency concerned of the fact. |
| 789 | (2) Maintain a continuous review of administrative rules |
| 790 | and identify and request an agency to repeal any rule or any |
| 791 | provision of any rule that reiterates or paraphrases any statute |
| 792 | or for which the statutory authority has been repealed. |
| 793 | (3) Review administrative rules and advise the agencies |
| 794 | concerned of its findings. |
| 795 | (4) Exercise the duties prescribed by chapter 120, Florida |
| 796 | Statutes, concerning the adoption and promulgation of rules. |
| 797 | (5) Generally review agency action pursuant to the |
| 798 | operation of chapter 120, Florida Statutes, the Administrative |
| 799 | Procedure Act. |
| 800 | (6) Report to the President of the Senate and the Speaker |
| 801 | of the House of Representatives at least annually, no later than |
| 802 | the first week of the regular session, and recommend needed |
| 803 | legislation or other appropriate action. Such report shall |
| 804 | include the number of objections voted by the committee, the |
| 805 | number of suspensions recommended by the committee, the number |
| 806 | of administrative determinations filed on the invalidity of a |
| 807 | proposed or existing rule, the number of petitions for judicial |
| 808 | review filed on the invalidity of a proposed or existing rule, |
| 809 | and the outcomes of such actions. Such report shall also include |
| 810 | any recommendations provided to the standing committees during |
| 811 | the preceding year under subsection (11). |
| 812 | (7) Consult regularly with legislative standing committees |
| 813 | that have jurisdiction over the subject areas addressed in |
| 814 | agency proposed rules regarding legislative authority for the |
| 815 | proposed rules and other matters relating to legislative |
| 816 | authority for agency action. |
| 817 | (8) Subject to the approval of the President of the Senate |
| 818 | and the Speaker of the House of Representatives, have standing |
| 819 | to seek judicial review, on behalf of the Legislature or the |
| 820 | citizens of this state, of the validity or invalidity of any |
| 821 | administrative rule to which the committee has voted an |
| 822 | objection and that has not been withdrawn, modified, repealed, |
| 823 | or amended to meet the objection. Judicial review under this |
| 824 | subsection may not be initiated until the Governor and the head |
| 825 | of the agency making the rule to which the committee has |
| 826 | objected have been notified of the committee's proposed action |
| 827 | and have been given a reasonable opportunity, not to exceed 60 |
| 828 | days, for consultation with the committee. The committee may |
| 829 | expend public funds from its appropriation for the purpose of |
| 830 | seeking judicial review. |
| 831 | (9) Maintain a continuous review of the administrative |
| 832 | rulemaking process, including a review of agency procedure and |
| 833 | of complaints based on such agency procedure. |
| 834 | (10) Establish measurement criteria to evaluate whether |
| 835 | agencies are complying with the delegation of legislative |
| 836 | authority in adopting and implementing rules. |
| 837 | (11) Maintain a continuous review of statutes that |
| 838 | authorize agencies to adopt rules and shall make recommendations |
| 839 | to the appropriate standing committees of the Senate and the |
| 840 | House of Representatives as to the advisability of considering |
| 841 | changes to the delegated legislative authority to adopt rules in |
| 842 | specific circumstances. |
| 843 |
|
| 844 | 4.7-Special Powers and Duties of the Committee on Public Counsel |
| 845 | Oversight |
| 846 | (1) The Committee on Public Counsel Oversight shall |
| 847 | appoint a Public Counsel. |
| 848 | (2) The Committee on Public Counsel Oversight may file a |
| 849 | complaint with the Commission on Ethics alleging a violation of |
| 850 | chapter 350, Florida Statutes, by a current or former public |
| 851 | service commissioner, an employee of the Public Service |
| 852 | Commission, or a member of the Public Service Commission |
| 853 | Nominating Council. |
| 854 | (3) Notwithstanding Joint Rule 4.4(2), the Committee on |
| 855 | Public Counsel Oversight shall not have any permanent staff but |
| 856 | shall be served as needed by other legislative staff selected by |
| 857 | the President of the Senate and the Speaker of the House of |
| 858 | Representatives. |
| 859 |
|
| 860 | Joint Rule Five-Auditor General |
| 861 |
|
| 862 | 5.1-Rulemaking Authority |
| 863 | The Auditor General shall make and enforce reasonable rules and |
| 864 | regulations necessary to facilitate audits that he or she is |
| 865 | authorized to perform. |
| 866 |
|
| 867 | 5.2-Budget and Accounting |
| 868 | (1) The Auditor General shall prepare and submit annually |
| 869 | to the President of the Senate and the Speaker of the House of |
| 870 | Representatives for their joint approval a proposed budget for |
| 871 | the ensuing fiscal year. |
| 872 | (2) Within the limitations of the approved operating |
| 873 | budget, the salaries and expenses of the Auditor General and the |
| 874 | staff of the Auditor General shall be paid from the |
| 875 | appropriation for legislative expenses or any other moneys |
| 876 | appropriated by the Legislature for that purpose. The Auditor |
| 877 | General shall approve all bills for salaries and expenses for |
| 878 | his or her staff before the same shall be paid. |
| 879 |
|
| 880 | 5.3-Audit Report Distribution |
| 881 | (1) A copy of each audit report shall be submitted to the |
| 882 | Governor, to the Chief Financial Officer, and to the officer or |
| 883 | person in charge of the state agency or political subdivision |
| 884 | audited. One copy shall be filed as a permanent public record in |
| 885 | the office of the Auditor General. In the case of county |
| 886 | reports, one copy of the report of each county office, school |
| 887 | district, or other district audited shall be submitted to the |
| 888 | board of county commissioners of the county in which the audit |
| 889 | was made and shall be filed in the office of the clerk of the |
| 890 | circuit court of that county as a public record. When an audit |
| 891 | is made of the records of the district school board, a copy of |
| 892 | the audit report shall also be filed with the district school |
| 893 | board, and thereupon such report shall become a part of the |
| 894 | public records of such board. |
| 895 | (2) A copy of each audit report shall be made available to |
| 896 | each member of the Legislative Auditing Committee. |
| 897 | (3) The Auditor General shall transmit a copy of each |
| 898 | audit report to the appropriate substantive and fiscal |
| 899 | committees of the Senate and House of Representatives. |
| 900 | (4) Other copies may be furnished to other persons who, in |
| 901 | the opinion of the Auditor General, are directly interested in |
| 902 | the audit or who have a duty to perform in connection therewith. |
| 903 | (5) The Auditor General shall transmit to the President of |
| 904 | the Senate and the Speaker of the House of Representatives, by |
| 905 | December 1 of each year, a list of statutory and fiscal changes |
| 906 | recommended by audit reports. The recommendations shall be |
| 907 | presented in two categories: one addressing substantive law and |
| 908 | policy issues and the other addressing budget issues. The |
| 909 | Auditor General may also transmit recommendations at other times |
| 910 | of the year when the information would be timely and useful for |
| 911 | the Legislature. |
| 912 | (6) A copy required to be provided under this rule may be |
| 913 | provided in an electronic or other digital format if the Auditor |
| 914 | General determines that the intended recipient has appropriate |
| 915 | resources to review the copy. Copies to members, committees, and |
| 916 | offices of the Legislature shall be provided in electronic |
| 917 | format as may be provided in joint policies adopted under Joint |
| 918 | Rule 3.2. |
| 919 |
|
| 920 | Joint Rule Six-Joint Legislative Budget Commission |
| 921 |
|
| 922 | 6.1-General Responsibilities |
| 923 | (1) The commission, as provided in chapter 216, Florida |
| 924 | Statutes, shall receive and review notices of budget and |
| 925 | personnel actions taken or proposed to be taken by the executive |
| 926 | and judicial branches and shall approve or disapprove such |
| 927 | actions. |
| 928 | (2) Through its chair, the commission shall advise the |
| 929 | Governor and the Chief Justice of actions or proposed actions |
| 930 | that exceed delegated authority or that are contrary to |
| 931 | legislative policy and intent. |
| 932 | (3) To the extent possible, the commission shall inform |
| 933 | members of the Legislature of budget amendments requested by the |
| 934 | executive or judicial branches. |
| 935 | (4) The commission shall consult with the Chief Financial |
| 936 | Officer and the Executive Office of the Governor on matters as |
| 937 | required by chapter 216, Florida Statutes. |
| 938 | (5) The President of the Senate and the Speaker of the |
| 939 | House of Representatives may jointly assign other |
| 940 | responsibilities to the commission in addition to those assigned |
| 941 | by law. |
| 942 | (6) The commission shall develop policies and procedures |
| 943 | necessary to carry out its assigned responsibilities, subject to |
| 944 | the joint approval of the President of the Senate and the |
| 945 | Speaker of the House of Representatives. |
| 946 | (7) The commission, with the approval of the President of |
| 947 | the Senate and the Speaker of the House of Representatives, may |
| 948 | appoint subcommittees as necessary to facilitate its work. |
| 949 |
|
| 950 | 6.2-Organizational Structure |
| 951 | (1) The commission is not subject to Joint Rule Four. The |
| 952 | commission shall be composed of seven members of the Senate |
| 953 | appointed by the President of the Senate and seven members of |
| 954 | the House of Representatives appointed by the Speaker of the |
| 955 | House of Representatives. |
| 956 | (2) The commission shall be jointly staffed by the |
| 957 | appropriations committees of both houses. The Senate shall |
| 958 | provide the lead staff when the chair of the commission is a |
| 959 | member of the Senate. The House of Representatives shall provide |
| 960 | the lead staff when the chair of the commission is a member of |
| 961 | the House of Representatives. |
| 962 |
|
| 963 | 6.3-Notice of Commission Meetings |
| 964 | Not less than 7 days prior to a meeting of the commission, a |
| 965 | notice of the meeting, stating the items to be considered, date, |
| 966 | time, and place, shall be filed with the Secretary of the Senate |
| 967 | when the chair of the commission is a member of the Senate or |
| 968 | with the Clerk of the House when the chair of the commission is |
| 969 | a member of the House of Representatives. The Secretary of the |
| 970 | Senate or the Clerk of the House shall distribute notice to the |
| 971 | Legislature and the public, consistent with the rules and |
| 972 | policies of their respective houses. |
| 973 |
|
| 974 | 6.4-Effect of Adoption; Intent |
| 975 | This Joint Rule Six replaces all prior joint rules governing the |
| 976 | Joint Legislative Budget Commission and is intended to implement |
| 977 | constitutional provisions relating to the Joint Legislative |
| 978 | Budget Commission existing as of the date of the rule's |
| 979 | adoption. |
