Bill Text: FL S1202 | 2011 | Regular Session | Enrolled


Bill Title: Joint Rules of the Legislature

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-03-09 - Ordered enrolled -SJ 181 [S1202 Detail]

Download: Florida-2011-S1202-Enrolled.html
       ENROLLED
       2011 Legislature                                        SCR 1202
       
       
       
       
       
       
                                                             20111202er
    1  
    2         A concurrent resolution establishing the Joint Rules
    3         of the Florida Legislature for the 2010-2012 term.
    4  
    5  Be It Resolved by the Senate of the State of Florida, the House
    6  of Representatives Concurring:
    7  
    8         That the following joint rules shall govern the Florida
    9  Legislature for the 2010-2012 term:
   10  
   11                             JOINT RULES                           
   12  
   13   Joint Rule One—Lobbyist Registration and Compensation Reporting 
   14  
   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 otherwise
   23  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 an
   40  individual contract lobbyist, that receives or becomes entitled
   41  to receive any compensation for the purpose of lobbying and
   42  where any partner, owner, officer, or employee of the business
   43  entity is a lobbyist. “Lobbying firm” does not include an entity
   44  that has employees who are lobbyists if the entity does not
   45  derive compensation from principals for lobbying or if such
   46  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 of
   80  a person to satisfy a filing requirement, means uncommon, rare,
   81  or sudden events over which the person has no control and which
   82  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 office
  106  or an officer of a political subdivision of the state holding
  107  elective office and who is acting in that officer’s official
  108  capacity.
  109         (e) A person who appears as a witness or for the purpose of
  110  providing information at the written request of the chair of a
  111  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  
  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 respect
  152  to each principal prior to commencement of lobbying on behalf of
  153  that principal. At the time of registration, the registrant
  154  shall provide a statement on a form provided by the Lobbyist
  155  Registration Office, signed by the principal or principal’s
  156  representative, that the registrant is authorized to represent
  157  the principal. On the authorization statement, the principal or
  158  principal’s representative shall also identify and designate the
  159  principal’s main business pursuant to a classification system
  160  approved by the Office of Legislative Services that shall be the
  161  North American Industry Classification System (NAICS) six-digit
  162  numerical code that most accurately describes the principal’s
  163  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 Lobbyist
  167  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  
  183  1.3—Registration Costs; Exemptions
  184         (1) To cover the costs incurred in administering Joint Rule
  185  One, each person who registers under Joint Rule 1.1 must pay an
  186  annual registration fee to the Lobbyist Registration Office. The
  187  annual period runs from January 1 to December 31. These fees
  188  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 Commission.
  199         (f) Two employees of the judicial branch designated in
  200  writing by the Chief Justice of the Florida Supreme Court.
  201         (3) The annual fee is up to $50 per each house for a person
  202  to register to represent one principal and up to an additional
  203  $10 per house for each additional principal that the person
  204  registers to represent. The amount of each fee shall be
  205  established annually by the President of the Senate and the
  206  Speaker of the House of Representatives. The fees set shall be
  207  adequate to ensure operation of the lobbyist registration and
  208  reporting operations of the Lobbyist Registration Office. The
  209  fees collected by the Lobbyist Registration Office under this
  210  rule shall be deposited in the State Treasury and credited to
  211  the Legislative Lobbyist Registration Trust Fund specifically to
  212  cover the costs incurred in administering Joint Rule One.
  213  
  214  1.4—Reporting of Lobbying Firm Compensation
  215         (1)(a) Each lobbying firm shall file a compensation report
  216  with the division for each calendar quarter during any portion
  217  of which one or more of the firm’s lobbyists were registered to
  218  represent a principal. The report shall include the:
  219         1. Full name, business address, and telephone number of the
  220  lobbying firm;
  221         2. Registration name of each of the firm’s lobbyists; and
  222         3. Total compensation provided or owed to the lobbying firm
  223  from all principals for the reporting period, reported in one of
  224  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  225  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  226  $999,999; or $1 million or more.
  227         (b) For each principal represented by one or more of the
  228  firm’s lobbyists, the lobbying firm’s compensation report shall
  229  also include the:
  230         1. Full name, business address, and telephone number of the
  231  principal; and
  232         2. Total compensation provided or owed to the lobbying firm
  233  for the reporting period, reported in one of the following
  234  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  235  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  236  more. If the category “$50,000 or more” is selected, the
  237  specific dollar amount of compensation must be reported, rounded
  238  up or down to the nearest $1,000.
  239         (c) If the lobbying firm subcontracts work from another
  240  lobbying firm and not from the original principal:
  241         1. The lobbying firm providing the work to be subcontracted
  242  shall be treated as the reporting lobbying firm’s principal for
  243  reporting purposes under this paragraph; and
  244         2. The reporting lobbying firm shall, for each lobbying
  245  firm identified as the reporting lobbying firm’s principal under
  246  paragraph (b), identify the name and address of the principal
  247  originating the lobbying work.
  248         (d) The senior partner, officer, or owner of the lobbying
  249  firm shall certify to the veracity and completeness of the
  250  information submitted pursuant to this rule; certify that no
  251  compensation has been omitted from this report by deeming such
  252  compensation as “consulting services,” “media services,”
  253  “professional services,” or anything other than compensation;
  254  and certify that no officer or employee of the firm has made an
  255  expenditure in violation of s. 11.045, Florida Statutes, as
  256  amended by chapter 2005-359, Laws of Florida.
  257         (2) For each principal represented by more than one
  258  lobbying firm, the division shall aggregate the reporting-period
  259  and calendar-year compensation reported as provided or owed by
  260  the principal. Compensation reported within a category shall be
  261  aggregated as follows:
  262       Category (dollars)         Dollar amount to use aggregating    
  263  0                           0                                       
  264  1-9,999                     5,000                                   
  265  10,000-19,999               15,000                                  
  266  20,000-29,999               25,000                                  
  267  30,000–39,999               35,000                                  
  268  40,000-49,999               45,000                                  
  269  50,000 or more              Actual amount reported                  
  270         (3) The reporting statements shall be filed no later than
  271  45 days after the end of each reporting period. The four
  272  reporting periods are from January 1 through March 31, April 1
  273  through June 30, July 1 through September 30, and October 1
  274  through December 31, respectively. The statements shall be
  275  rendered in the identical form provided by the respective houses
  276  and shall be open to public inspection. Reporting statements
  277  shall be filed by electronic means through the electronic filing
  278  system developed by the division, conforming to subsection (4).
  279         (4) The electronic filing system for compensation reporting
  280  shall include the following:
  281         (a) As used in this rule, the term “electronic filing
  282  system” means an Internet system for recording and reporting
  283  lobbying compensation and other required information by
  284  reporting period.
  285         (b) A report filed pursuant to this rule must be completed
  286  and filed through the electronic filing system not later than
  287  11:59 p.m. of the day designated in subsection (3). A report not
  288  filed by 11:59 p.m. of the day designated is a late-filed report
  289  and is subject to the penalties under Joint Rule 1.5(1).
  290         (c) Each person given secure sign-on credentials to file
  291  via the electronic filing system is responsible for protecting
  292  the credentials from disclosure and is responsible for all
  293  filings made by use of such credentials, unless and until the
  294  division is notified that the person’s credentials have been
  295  compromised. Each report filed by electronic means pursuant to
  296  this rule shall be deemed certified in accordance with paragraph
  297  (1)(d) by the person given the secure sign-on credentials and,
  298  as such, subjects the person and the lobbying firm to the
  299  provisions of s. 11.045(8), Florida Statutes, as well as any
  300  discipline provided under the rules of the Senate or House of
  301  Representatives.
  302         (d) The electronic filing system shall:
  303         1. Be based on access by means of the Internet.
  304         2. Be accessible by anyone with Internet access using
  305  standard web-browsing software.
  306         3. Provide for direct entry of compensation-report
  307  information as well as upload of such information from software
  308  authorized by the division.
  309         4. Provide a method that prevents unauthorized access to
  310  electronic filing system functions.
  311         5. Provide for the issuance of an electronic receipt to the
  312  person submitting the report indicating and verifying the date
  313  and time that the report was filed.
  314         (5) The division shall provide reasonable public notice of
  315  the electronic filing procedures and of any significant changes
  316  in such procedures. If, whenever they deem it necessary, the
  317  President of the Senate and the Speaker of the House of
  318  Representatives jointly declare the electronic system not to be
  319  operable, the reports shall be filed in the manner required
  320  prior to April 1, 2007, as provided by House Concurrent
  321  Resolution 7011 (2007), enrolled, unless the President of the
  322  Senate and the Speaker of the House of Representatives direct
  323  use of an alternate means of reporting. The division shall
  324  develop and maintain such alternative means as may be
  325  practicable. Public notice of changes in filing procedures and
  326  any declaration or direction of the President of the Senate and
  327  the Speaker of the House of Representatives may be provided by
  328  publication for a continuous period of reasonable time on one or
  329  more Internet websites maintained by the Senate and the House of
  330  Representatives.
  331  
  332  1.5—Failure to File Timely Compensation Report; Notice and
  333  Assessment of Fines; Appeals
  334         (1) Upon determining that the report is late, the person
  335  designated to review the timeliness of reports shall immediately
  336  notify the lobbying firm as to the failure to timely file the
  337  report and that a fine is being assessed for each late day. The
  338  fine shall be $50 per day per report for each late day, not to
  339  exceed $5,000 per report.
  340         (2) Upon receipt of the report, the person designated to
  341  review the timeliness of reports shall determine the amount of
  342  the fine based on when the report is actually received by the
  343  division or when the electronic receipt issued by the electronic
  344  filing system is dated, whichever is earlier.
  345         (3) Such fine shall be paid within 30 days after the notice
  346  of payment due is transmitted by the person designated to review
  347  the timeliness of reports, unless appeal is made to the
  348  division. The moneys shall be deposited into the Legislative
  349  Lobbyist Registration Trust Fund.
  350         (4) A fine shall not be assessed against a lobbying firm
  351  the first time the report for which the lobbying firm is
  352  responsible is not timely filed. However, to receive the one
  353  time fine waiver, the report for which the lobbying firm is
  354  responsible must be filed within 30 days after notice that the
  355  report has not been timely filed is transmitted by the person
  356  designated to review the timeliness of reports. A fine shall be
  357  assessed for any subsequent late-filed reports.
  358         (5) Any lobbying firm may appeal or dispute a fine, based
  359  upon unusual circumstances surrounding the failure to file on
  360  the designated due date, and may request and shall be entitled
  361  to a hearing before the General Counsel of the Office of
  362  Legislative Services, who shall recommend to the President of
  363  the Senate and the Speaker of the House of Representatives, or
  364  their respective designees, that the fine be waived in whole or
  365  in part for good cause shown. The President of the Senate and
  366  the Speaker of the House of Representatives, or their respective
  367  designees, may by joint agreement concur in the recommendation
  368  and waive the fine in whole or in part. Any such request shall
  369  be made within 30 days after the notice of payment due is
  370  transmitted by the person designated to review the timeliness of
  371  reports. In such case, the lobbying firm shall, within the 30
  372  day period, notify the person designated to review the
  373  timeliness of reports in writing of his or her intention to
  374  request a hearing.
  375         (6) A lobbying firm may request that the filing of a report
  376  be waived upon good cause shown, based on unusual circumstances.
  377  The request must be filed with the General Counsel of the Office
  378  of Legislative Services, who shall make a recommendation
  379  concerning the waiver request to the President of the Senate and
  380  the Speaker of the House of Representatives. The President of
  381  the Senate and the Speaker of the House of Representatives may,
  382  by joint agreement, grant or deny the request.
  383         (7)(a) All lobbyist registrations for lobbyists who are
  384  partners, owners, officers, or employees of a lobbying firm that
  385  fails to timely pay a fine are automatically suspended until the
  386  fine is paid or waived and all late reports have been filed or
  387  waived. The division shall promptly notify all affected
  388  principals, the President of the Senate, and the Speaker of the
  389  House of Representatives of any suspension or reinstatement. All
  390  lobbyists who are partners, owners, officers, or employees of a
  391  lobbying firm are jointly and severally liable for any
  392  outstanding fine owed by a lobbying firm.
  393         (b) No such lobbyist may be reinstated in any capacity
  394  representing any principal until the fine is paid and all late
  395  reports have been filed or waived or until the fine is waived as
  396  to that lobbyist and all late reports for that lobbyist have
  397  been filed or waived. A suspended lobbyist may request a waiver
  398  upon good cause shown, based on unusual circumstances. The
  399  request must be filed with the General Counsel of the Office of
  400  Legislative Services who shall, as soon as practicable, make a
  401  recommendation concerning the waiver request to the President of
  402  the Senate and the Speaker of the House of Representatives. The
  403  President of the Senate and the Speaker of the House of
  404  Representatives may, by joint agreement, grant or deny the
  405  request.
  406         (8) The person designated to review the timeliness of
  407  reports shall notify the director of the division of the failure
  408  of a lobbying firm to file a report after notice or of the
  409  failure of a lobbying firm to pay the fine imposed.
  410  
  411  1.6—Open Records; Internet Publication of Registrations and
  412  Compensation Reports
  413         (1) All of the lobbyist registration forms and compensation
  414  reports received by the Lobbyist Registration Office shall be
  415  available for public inspection and for duplication at
  416  reasonable cost.
  417         (2) The division shall make information filed pursuant to
  418  Joint Rules 1.2 and 1.4 reasonably available on the Internet in
  419  an easily understandable and accessible format. The Internet
  420  website shall include, but not be limited to, the names and
  421  business addresses of lobbyists, lobbying firms, and principals,
  422  the affiliations between lobbyists and principals, and the
  423  classification system designated and identified with respect to
  424  principals pursuant to Joint Rule 1.2.
  425  
  426  1.7—Records Retention and Inspection and Complaint Procedure
  427         (1) Each lobbying firm and each principal shall preserve
  428  for a period of 4 years all accounts, bills, receipts, computer
  429  records, books, papers, and other documents and records
  430  necessary to substantiate compensation reports.
  431         (2) Upon receipt of a complaint based upon the personal
  432  knowledge of the complainant made pursuant to the Senate Rules
  433  or Rules of the House of Representatives, any such documents and
  434  records may be inspected when authorized by the President of the
  435  Senate or the Speaker of the House of Representatives, as
  436  applicable. The person authorized to perform the inspection
  437  shall be designated in writing and shall be a member of The
  438  Florida Bar or a certified public accountant licensed in
  439  Florida. Any information obtained by such an inspection may only
  440  be used for purposes authorized by law, this Joint Rule One,
  441  Senate Rules, or Rules of the House of Representatives, which
  442  purposes may include the imposition of sanctions against a
  443  person subject to Joint Rule One, the Senate Rules, or the Rules
  444  of the House of Representatives. Any employee who uses that
  445  information for an unauthorized purpose is subject to
  446  discipline. Any member who uses that information for an
  447  unauthorized purpose is subject to discipline under the
  448  applicable rules of each house.
  449         (3) The right of inspection may be enforced by appropriate
  450  writ issued by any court of competent jurisdiction.
  451  
  452  1.8—Questions Regarding Interpretation of this Joint Rule One
  453         (1) A person may request in writing an informal opinion
  454  from the General Counsel of the Office of Legislative Services
  455  as to the application of this Joint Rule One to a specific
  456  situation involving that person’s conduct. The General Counsel
  457  shall issue the opinion within 10 days after receiving the
  458  request. The informal opinion may be relied upon by the person
  459  who requested the informal opinion. A copy of each informal
  460  opinion that is issued shall be provided to the presiding
  461  officer of each house. A committee of either house designated
  462  pursuant to s. 11.045(5), Florida Statutes, may revise any
  463  informal opinion rendered by the General Counsel through an
  464  advisory opinion to the person who requested the informal
  465  opinion. The advisory opinion shall supersede the informal
  466  opinion as of the date the advisory opinion is issued.
  467         (2) A person in doubt about the applicability or
  468  interpretation of this Joint Rule One with respect to that
  469  person’s conduct may submit in writing the facts for an advisory
  470  opinion to the committee of either house designated pursuant to
  471  section 11.045(5), Florida Statutes, and may appear in person
  472  before the committee in accordance with s. 11.045(5), Florida
  473  Statutes.
  474  
  475  1.9—Effect of Readoption and Revision
  476  All obligations existing under Joint Rule One as of the last day
  477  of the previous legislative biennium are hereby ratified,
  478  preserved, and reimposed pursuant to the terms thereof as of
  479  that date. The provisions of Joint Rule One are imposed
  480  retroactively to the first day of the present legislative
  481  biennium except that provisions new to this revision are
  482  effective on the date of adoption or as otherwise expressly
  483  provided herein.
  484  
  485         Joint Rule Two—General Appropriations Review Period       
  486  
  487  2.1—General Appropriations and Related Bills; Review Periods
  488         (1) A general appropriations bill shall be subject to a 72
  489  hour public review period before a vote is taken on final
  490  passage of the bill in the form that will be presented to the
  491  Governor.
  492         (2) If a bill is returned to the house in which the bill
  493  originated and the originating house does not concur in all the
  494  amendments or adds additional amendments, no further action
  495  shall be taken on the bill by the nonoriginating house, and a
  496  conference committee shall be established by operation of this
  497  rule to consider the bill.
  498         (3) If a bill is referred to a conference committee by
  499  operation of this rule, a 72-hour public review period shall be
  500  provided prior to a vote being taken on the conference committee
  501  report by either house.
  502         (4) A copy of the bill, a copy of the bill with amendments
  503  adopted by the nonoriginating house, or the conference committee
  504  report shall be furnished to each member of the Legislature, the
  505  Governor, the Chief Justice of the Supreme Court, and each
  506  member of the Cabinet. Copies for the Governor, Chief Justice,
  507  and members of the Cabinet shall be furnished to the official’s
  508  office in the Capitol or Supreme Court Building.
  509         (5)(a) Copies required to be furnished under subsection (4)
  510  shall be furnished to members of the Legislature as follows:
  511         1. A printed copy may be placed on each member’s desk in
  512  the appropriate chamber; or
  513         2. An electronic copy may be furnished to each member. The
  514  Legislature hereby deems and determines that a copy shall have
  515  been furnished to the members of the Legislature when an
  516  electronic copy is made available to every member of the
  517  Legislature. An electronic copy is deemed to have been made
  518  available when it is accessible via the Internet or other
  519  information network consisting of systems ordinarily serving the
  520  members of the Senate or the House of Representatives.
  521         (b) An official other than a member of the Legislature who
  522  is to be furnished a copy of a general appropriations bill under
  523  subsection (4) may officially request that an electronic copy of
  524  the bill be furnished in lieu of a printed copy, and, if
  525  practicable, the copy may be furnished to the official in the
  526  manner requested.
  527         (6) The Secretary of the Senate shall be responsible for
  528  furnishing copies under this rule for Senate bills, House bills
  529  as amended by the Senate, and conference committee reports on
  530  Senate bills. The Clerk of the House shall be responsible for
  531  furnishing copies under this rule for House bills, Senate bills
  532  as amended by the House, and conference committee reports on
  533  House bills.
  534         (7) The 72-hour public review period shall begin to run
  535  upon completion of the furnishing of copies required to be
  536  furnished under subsection (4). The Speaker of the House of
  537  Representatives and the President of the Senate, as appropriate,
  538  shall be informed of the completion time, and such time shall be
  539  announced on the floor prior to vote on final passage in each
  540  house and shall be entered in the journal of each house.
  541  Saturdays, Sundays, and holidays shall be included in the
  542  computation under this rule.
  543         (8) An implementing or conforming bill recommended by a
  544  conference committee shall be subject to a 24-hour public review
  545  period before a vote is taken on the conference committee report
  546  by either house, if the conference committee submits its report
  547  after the furnishing of a general appropriations bill to which
  548  the 72-hour public review period applies.
  549         (9) With respect to each bill that may be affected, a
  550  member of the Senate or the House of Representatives may not
  551  raise a point of order under this rule after a vote is taken on
  552  the bill. Except as may be required by the Florida Constitution,
  553  noncompliance with any requirement of this rule may be waived by
  554  a two-thirds vote of those members present and voting in each
  555  house.
  556  
  557  2.2—General Appropriations and Related Bills; Definitions
  558  As used in Joint Rule Two, the term:
  559         (1) “Conforming bill” means a bill that amends the Florida
  560  Statutes to conform to a general appropriations bill.
  561         (2) “General appropriations bill” means a bill that
  562  provides for the salaries of public officers and other current
  563  expenses of the state and contains no subject other than
  564  appropriations. A bill that contains appropriations that are
  565  incidental and necessary solely to implement a substantive law
  566  is not included within this term. For the purposes of Joint Rule
  567  Two and Section 19(d) of Article III of the Florida
  568  Constitution, the Legislature hereby determines that, after a
  569  general appropriations bill has been enacted and establishes
  570  governing law for a particular fiscal year, a bill considered in
  571  any subsequent session that makes net reductions in such enacted
  572  appropriations or that makes supplemental appropriations shall
  573  not be deemed to be a general appropriations bill unless such
  574  bill provides for the salaries of public officers and other
  575  current expenses of the state for a subsequent fiscal year.
  576         (3) “Implementing bill” means a bill, effective for one
  577  fiscal year, implementing a general appropriations bill.
  578  
  579             Joint Rule Three—Joint Offices and Policies           
  580  
  581  3.1—Joint Legislative Offices
  582         (1) The following offices of the Legislature are
  583  established:
  584         (a) Office of Economic and Demographic Research.
  585         (b) Office of Legislative Information Technology Services.
  586         (c) Office of Legislative Services.
  587         (d) Office of Program Policy Analysis and Government
  588  Accountability.
  589         (2) Offices established under this rule shall provide
  590  support services to the Legislature that are determined by the
  591  President of the Senate and the Speaker of the House of
  592  Representatives to be necessary and that can be effectively
  593  provided jointly to both houses and other units of the
  594  Legislature. Each office shall be directed by a coordinator
  595  selected by and serving at the pleasure of the President of the
  596  Senate and the Speaker of the House of Representatives. Upon the
  597  initial adoption of these joint rules in a biennium, each
  598  coordinator position shall be deemed vacant until an appointment
  599  is made.
  600         (3) Within the monetary limitations of the approved
  601  operating budget, the salaries and expenses of the coordinator
  602  and the staff of each office shall be governed by joint
  603  policies.
  604         (4) The Office of Legislative Services shall provide
  605  legislative support services other than those prescribed in
  606  subsections (5)-(7). The Division of Statutory Revision and the
  607  Division of Legislative Information shall be two of the
  608  divisions within the Office of Legislative Services.
  609         (5) The Office of Legislative Information Technology
  610  Services shall provide support services to assist the
  611  Legislature in achieving its objectives through the application
  612  of cost-effective information technology.
  613         (6) The Office of Economic and Demographic Research shall
  614  provide research support services, principally regarding
  615  forecasting economic and social trends that affect policymaking,
  616  revenues, and appropriations.
  617         (7) The Office of Program Policy Analysis and Government
  618  Accountability shall:
  619         (a) Perform independent examinations, program reviews, and
  620  other projects as provided by general law, as provided by
  621  concurrent resolution, as directed by the Legislative Auditing
  622  Committee, or as directed by the President of the Senate or the
  623  Speaker of the House and shall provide recommendations,
  624  training, or other services to assist the Legislature.
  625         (b) Transmit to the President of the Senate and the Speaker
  626  of the House of Representatives, by December 1 of each year, a
  627  list of statutory and fiscal changes recommended by office
  628  reports. The recommendations shall be presented in two
  629  categories: one addressing substantive law and policy issues and
  630  the other addressing budget issues.
  631  
  632  3.2—Joint Policies
  633         (1) The President of the Senate and the Speaker of the
  634  House of Representatives shall jointly adopt policies they
  635  consider advisable to carry out the functions of the
  636  Legislature. Such policies shall be binding on all employees of
  637  joint offices and joint committees.
  638         (2) The employees of all joint committees and joint
  639  legislative offices shall be under the exclusive control of the
  640  Legislature. No officer or agency in the executive or judicial
  641  branch shall exercise any manner of control over legislative
  642  employees with respect to the exercise of their duties or the
  643  terms and conditions of their employment.
  644  
  645                  Joint Rule Four—Joint Committees                 
  646  
  647  4.1—Standing Joint Committees
  648         (1) The following standing joint committees are
  649  established:
  650         (a) Administrative Procedures Committee.
  651         (b) Committee on Public Counsel Oversight.
  652         (c) Legislative Auditing Committee.
  653         (2) No other joint committee shall exist except as agreed
  654  to by the presiding officers or by concurrent resolution
  655  approved by the Senate and the House of Representatives.
  656         (3) Appointments to each standing joint committee shall be
  657  made or altered and vacancies shall be filled by the Senate and
  658  the House of Representatives in accordance with their respective
  659  rules. There shall be appointed to each standing joint committee
  660  no fewer than five and no more than seven members from each
  661  house.
  662         (4)(a) The President of the Senate shall appoint a member
  663  of the Senate to serve as the chair, and the Speaker of the
  664  House of Representatives shall appoint a member of the House of
  665  Representatives to serve as the vice chair for:
  666         1. The Legislative Auditing Committee and the Committee on
  667  Public Counsel Oversight, for the period from the Organization
  668  Session until noon on December 1 of the calendar year following
  669  the general election.
  670         2. The Administrative Procedures Committee for the period
  671  from noon on December 1 of the calendar year following the
  672  general election until the next general election.
  673         (b) The Speaker of the House of Representatives shall
  674  appoint a member of the House of Representatives to serve as the
  675  chair, and the President of the Senate shall appoint a member of
  676  the Senate to serve as the vice chair for:
  677         1. The Legislative Auditing Committee and the Committee on
  678  Public Counsel Oversight, for the period from noon on December 1
  679  of the calendar year following the general election until the
  680  next general election.
  681         2. The Administrative Procedures Committee for the period
  682  from the Organization Session until noon on December 1 of the
  683  calendar year following the general election.
  684         (c) A vacancy in an appointed chair or vice chair shall be
  685  filled in the same manner as the original appointment.
  686  
  687  4.2—Procedures in Joint Committees
  688  The following rules shall govern procedures in joint committees
  689  other than conference committees:
  690         (1) A quorum for a joint committee shall be a majority of
  691  the appointees of each house. No business of any type may be
  692  conducted in the absence of a quorum.
  693         (2)(a) Joint committees shall meet only within the dates,
  694  times, and locations authorized by both the President of the
  695  Senate and the Speaker of the House of Representatives.
  696         (b) Joint committee meetings shall meet at the call of the
  697  chair. In the absence of the chair, the vice chair shall assume
  698  the duty to convene and preside over meetings and such other
  699  duties as provided by law or joint rule. During a meeting
  700  properly convened, the presiding chair may temporarily assign
  701  the duty to preside at that meeting to another joint committee
  702  member until the assignment is relinquished or revoked.
  703         (c) Before any joint committee may hold a meeting, a notice
  704  of such meeting shall be provided to the Secretary of the Senate
  705  and the Clerk of the House of Representatives no later than 4:30
  706  p.m. of the 7th day before the meeting. For purposes of
  707  effecting notice to members of the house to which the chair does
  708  not belong, notice to the Secretary of the Senate shall be
  709  deemed notice to members of the Senate and notice to the Clerk
  710  of the House shall be deemed notice to members of the House of
  711  Representatives. Noticed meetings may be canceled by the chair
  712  with the approval of at least one presiding officer.
  713         (d) If a majority of its members from each house agree, a
  714  joint committee may continue a properly noticed meeting after
  715  the expiration of the time called for the meeting. However, a
  716  joint committee may not meet beyond the time authorized by the
  717  presiding officers without special leave granted by both
  718  presiding officers.
  719         (3) The presiding officers shall interpret, apply, and
  720  enforce rules governing joint committees by agreement when the
  721  rule at issue is a joint rule. Unless otherwise determined or
  722  overruled by an agreement of the presiding officers, the chair
  723  shall determine all questions of order arising in joint
  724  committee meetings, but such determinations may be appealed to
  725  the committee during the meeting.
  726         (4) Each question, including any appeal of a ruling of the
  727  chair, shall be decided by a majority vote of the members of the
  728  joint committee of each house present and voting.
  729  
  730  4.3—Powers of Joint Committees
  731         (1) A joint committee may exercise the subpoena powers
  732  vested by law in a standing committee of the Legislature. A
  733  subpoena issued under this rule must be approved and signed by
  734  the President of the Senate and the Speaker of the House of
  735  Representatives and attested by the Secretary of the Senate and
  736  the Clerk of the House.
  737         (2) A joint committee may adopt rules of procedure that do
  738  not conflict with the Florida Constitution or any law or joint
  739  rule, subject to the joint approval of the President of the
  740  Senate and the Speaker of the House of Representatives.
  741         (3) A joint committee may not create subcommittees or
  742  workgroups unless authorized by both presiding officers.
  743  
  744  4.4—Administration of Joint Committees
  745         (1) Within the monetary limitations of the approved
  746  operating budget, the expenses of the members and the salaries
  747  and expenses of the staff of each joint committee shall be
  748  governed by joint policies adopted under Joint Rule 3.2. Within
  749  such operating budget, the chair of each joint committee shall
  750  approve all authorized member expenses.
  751         (2) Subject to joint policies adopted under Joint Rule 3.2,
  752  the presiding officers shall appoint and remove the staff
  753  director and, if needed, a general counsel and any other staff
  754  necessary to assist each joint committee. All joint committee
  755  staff shall serve at the pleasure of the presiding officers.
  756  Upon the initial adoption of these joint rules in a biennium,
  757  each joint committee staff director position shall be deemed
  758  vacant until an appointment is made.
  759  
  760  4.5—Special Powers and Duties of the Legislative Auditing
  761  Committee
  762         (1) The Legislative Auditing Committee may direct the
  763  Auditor General or the Office of Program Policy Analysis and
  764  Government Accountability to conduct an audit, review, or
  765  examination of any entity or record described in s. 11.45(2) or
  766  (3), Florida Statutes.
  767         (2) The Legislative Auditing Committee may receive requests
  768  for audits and reviews from legislators and any audit request,
  769  petition for audit, or other matter for investigation directed
  770  or referred to it pursuant to general law. The committee may
  771  make any appropriate disposition of such requests or referrals
  772  and shall, within a reasonable time, report to the requesting
  773  party the disposition of any audit request.
  774         (3) The Legislative Auditing Committee may review the
  775  performance of the Auditor General and report thereon to the
  776  Senate and the House of Representatives.
  777  
  778  4.6—Special Powers and Duties of the Administrative Procedures
  779  Committee
  780  The Administrative Procedures Committee shall:
  781         (1) Maintain a continuous review of the statutory authority
  782  on which each administrative rule is based and, whenever such
  783  authority is eliminated or significantly changed by repeal,
  784  amendment, holding by a court of last resort, or other factor,
  785  advise the agency concerned of the fact.
  786         (2) Maintain a continuous review of administrative rules
  787  and identify and request an agency to repeal any rule or any
  788  provision of any rule that reiterates or paraphrases any statute
  789  or for which the statutory authority has been repealed.
  790         (3) Review administrative rules and advise the agencies
  791  concerned of its findings.
  792         (4) Exercise the duties prescribed by chapter 120, Florida
  793  Statutes, concerning the adoption and promulgation of rules.
  794         (5) Generally review agency action pursuant to the
  795  operation of chapter 120, Florida Statutes, the Administrative
  796  Procedure Act.
  797         (6) Report to the President of the Senate and the Speaker
  798  of the House of Representatives at least annually, no later than
  799  the first week of the regular session, and recommend needed
  800  legislation or other appropriate action. Such report shall
  801  include the number of objections voted by the committee, the
  802  number of suspensions recommended by the committee, the number
  803  of administrative determinations filed on the invalidity of a
  804  proposed or existing rule, the number of petitions for judicial
  805  review filed on the invalidity of a proposed or existing rule,
  806  and the outcomes of such actions. Such report shall also include
  807  any recommendations provided to the standing committees during
  808  the preceding year under subsection (11).
  809         (7) Consult regularly with legislative standing committees
  810  that have jurisdiction over the subject areas addressed in
  811  agency proposed rules regarding legislative authority for the
  812  proposed rules and other matters relating to legislative
  813  authority for agency action.
  814         (8) Subject to the approval of the President of the Senate
  815  and the Speaker of the House of Representatives, have standing
  816  to seek judicial review, on behalf of the Legislature or the
  817  citizens of this state, of the validity or invalidity of any
  818  administrative rule to which the committee has voted an
  819  objection and that has not been withdrawn, modified, repealed,
  820  or amended to meet the objection. Judicial review under this
  821  subsection may not be initiated until the Governor and the head
  822  of the agency making the rule to which the committee has
  823  objected have been notified of the committee’s proposed action
  824  and have been given a reasonable opportunity, not to exceed 60
  825  days, for consultation with the committee. The committee may
  826  expend public funds from its appropriation for the purpose of
  827  seeking judicial review.
  828         (9) Maintain a continuous review of the administrative
  829  rulemaking process, including a review of agency procedure and
  830  of complaints based on such agency procedure.
  831         (10) Establish measurement criteria to evaluate whether
  832  agencies are complying with the delegation of legislative
  833  authority in adopting and implementing rules.
  834         (11) Maintain a continuous review of statutes that
  835  authorize agencies to adopt rules and shall make recommendations
  836  to the appropriate standing committees of the Senate and the
  837  House of Representatives as to the advisability of considering
  838  changes to the delegated legislative authority to adopt rules in
  839  specific circumstances.
  840  
  841  4.7—Special Powers and Duties of the Committee on Public Counsel
  842  Oversight
  843         (1) The Committee on Public Counsel Oversight shall appoint
  844  a Public Counsel.
  845         (2) The Committee on Public Counsel Oversight may file a
  846  complaint with the Commission on Ethics alleging a violation of
  847  chapter 350, Florida Statutes, by a current or former public
  848  service commissioner, an employee of the Public Service
  849  Commission, or a member of the Public Service Commission
  850  Nominating Council.
  851         (3) Notwithstanding Joint Rule 4.4(2), the Committee on
  852  Public Counsel Oversight shall not have any permanent staff but
  853  shall be served as needed by other legislative staff selected by
  854  the President of the Senate and the Speaker of the House of
  855  Representatives.
  856  
  857                   Joint Rule Five—Auditor General                 
  858  
  859  5.1—Rulemaking Authority
  860  The Auditor General shall make and enforce reasonable rules and
  861  regulations necessary to facilitate audits that he or she is
  862  authorized to perform.
  863  
  864  5.2—Budget and Accounting
  865         (1) The Auditor General shall prepare and submit annually
  866  to the President of the Senate and the Speaker of the House of
  867  Representatives for their joint approval a proposed budget for
  868  the ensuing fiscal year.
  869         (2) Within the limitations of the approved operating
  870  budget, the salaries and expenses of the Auditor General and the
  871  staff of the Auditor General shall be paid from the
  872  appropriation for legislative expenses or any other moneys
  873  appropriated by the Legislature for that purpose. The Auditor
  874  General shall approve all bills for salaries and expenses for
  875  his or her staff before the same shall be paid.
  876  
  877  5.3—Audit Report Distribution
  878         (1) A copy of each audit report shall be submitted to the
  879  Governor, to the Chief Financial Officer, and to the officer or
  880  person in charge of the state agency or political subdivision
  881  audited. One copy shall be filed as a permanent public record in
  882  the office of the Auditor General. In the case of county
  883  reports, one copy of the report of each county office, school
  884  district, or other district audited shall be submitted to the
  885  board of county commissioners of the county in which the audit
  886  was made and shall be filed in the office of the clerk of the
  887  circuit court of that county as a public record. When an audit
  888  is made of the records of the district school board, a copy of
  889  the audit report shall also be filed with the district school
  890  board, and thereupon such report shall become a part of the
  891  public records of such board.
  892         (2) A copy of each audit report shall be made available to
  893  each member of the Legislative Auditing Committee.
  894         (3) The Auditor General shall transmit a copy of each audit
  895  report to the appropriate substantive and fiscal committees of
  896  the Senate and House of Representatives.
  897         (4) Other copies may be furnished to other persons who, in
  898  the opinion of the Auditor General, are directly interested in
  899  the audit or who have a duty to perform in connection therewith.
  900         (5) The Auditor General shall transmit to the President of
  901  the Senate and the Speaker of the House of Representatives, by
  902  December 1 of each year, a list of statutory and fiscal changes
  903  recommended by audit reports. The recommendations shall be
  904  presented in two categories: one addressing substantive law and
  905  policy issues and the other addressing budget issues. The
  906  Auditor General may also transmit recommendations at other times
  907  of the year when the information would be timely and useful for
  908  the Legislature.
  909         (6) A copy required to be provided under this rule may be
  910  provided in an electronic or other digital format if the Auditor
  911  General determines that the intended recipient has appropriate
  912  resources to review the copy. Copies to members, committees, and
  913  offices of the Legislature shall be provided in electronic
  914  format as may be provided in joint policies adopted under Joint
  915  Rule 3.2.
  916  
  917         Joint Rule Six—Joint Legislative Budget Commission        
  918  
  919  6.1—General Responsibilities
  920         (1) The commission, as provided in chapter 216, Florida
  921  Statutes, shall receive and review notices of budget and
  922  personnel actions taken or proposed to be taken by the executive
  923  and judicial branches and shall approve or disapprove such
  924  actions.
  925         (2) Through its chair, the commission shall advise the
  926  Governor and the Chief Justice of actions or proposed actions
  927  that exceed delegated authority or that are contrary to
  928  legislative policy and intent.
  929         (3) To the extent possible, the commission shall inform
  930  members of the Legislature of budget amendments requested by the
  931  executive or judicial branches.
  932         (4) The commission shall consult with the Chief Financial
  933  Officer and the Executive Office of the Governor on matters as
  934  required by chapter 216, Florida Statutes.
  935         (5) The President of the Senate and the Speaker of the
  936  House of Representatives may jointly assign other
  937  responsibilities to the commission in addition to those assigned
  938  by law.
  939         (6) The commission shall develop policies and procedures
  940  necessary to carry out its assigned responsibilities, subject to
  941  the joint approval of the President of the Senate and the
  942  Speaker of the House of Representatives.
  943         (7) The commission, with the approval of the President of
  944  the Senate and the Speaker of the House of Representatives, may
  945  appoint subcommittees as necessary to facilitate its work.
  946  
  947  6.2—Organizational Structure
  948         (1) The commission is not subject to Joint Rule Four. The
  949  commission shall be composed of seven members of the Senate
  950  appointed by the President of the Senate and seven members of
  951  the House of Representatives appointed by the Speaker of the
  952  House of Representatives.
  953         (2) The commission shall be jointly staffed by the
  954  appropriations committees of both houses. The Senate shall
  955  provide the lead staff when the chair of the commission is a
  956  member of the Senate. The House of Representatives shall provide
  957  the lead staff when the chair of the commission is a member of
  958  the House of Representatives.
  959  
  960  6.3—Notice of Commission Meetings
  961  Not less than 7 days prior to a meeting of the commission, a
  962  notice of the meeting, stating the items to be considered, date,
  963  time, and place, shall be filed with the Secretary of the Senate
  964  when the chair of the commission is a member of the Senate or
  965  with the Clerk of the House when the chair of the commission is
  966  a member of the House of Representatives. The Secretary of the
  967  Senate or the Clerk of the House shall distribute notice to the
  968  Legislature and the public, consistent with the rules and
  969  policies of their respective houses.
  970  
  971  6.4—Effect of Adoption; Intent
  972  This Joint Rule Six replaces all prior joint rules governing the
  973  Joint Legislative Budget Commission and is intended to implement
  974  constitutional provisions relating to the Joint Legislative
  975  Budget Commission existing as of the date of the rule’s
  976  adoption.

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