Amendment
Bill No. 7011
Amendment No. 784883
CHAMBER ACTION
Senate House
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1Representative(s) Seiler and Rivera offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the resolving clause and insert:
5     That the Joint Rules of the Florida Legislature are revised
6and readopted to read as follows:
7
8
JOINT RULES
9
JOINT RULE ONE
10
LOBBYIST REGISTRATION AND COMPENSATION REPORTING
11     1.1--Those Required to Register; Exemptions; Committee
12Appearance Records
13     (1)  All lobbyists before the Florida Legislature must
14register with the Lobbyist Registration Office in the Division
15of Legislative Information Services of the Office of Legislative
16Services. Registration is required for each principal
17represented.
18     (2)  As used in Joint Rule One, unless the context
19otherwise requires:
20     (a)  "Compensation" means payment, distribution, loan,
21advance, reimbursement, deposit, salary, fee, retainer, or
22anything of value provided or owed to a lobbying firm, directly
23or indirectly, by a principal for any lobbying activity.
24     (b)  "Division" means the Division of Legislative
25Information Services within the Office of Legislative Services.
26     (c)  "Legislative action" means introduction, sponsorship,
27testimony, debate, voting, or any other official action on any
28measure, resolution, amendment, nomination, appointment, or
29report of, or any matter that may be the subject of action by,
30either house of the Legislature or any committee thereof.
31     (d)  "Lobby" or "lobbying" means influencing or attempting
32to influence legislative action or nonaction through oral or
33written communication or an attempt to obtain the goodwill of a
34member or employee of the Legislature.
35     (e)  "Lobbying firm" means any business entity, including
36an individual contract lobbyist, that receives or becomes
37entitled to receive any compensation for the purpose of
38lobbying, and where any partner, owner, officer, or employee of
39the business entity is a lobbyist. "Lobbying firm" does not
40include an entity that has employees who are lobbyists if the
41entity does not derive compensation from principals for
42lobbying, or such compensation is received exclusively from a
43subsidiary or affiliate corporation of the employer. As used in
44this paragraph, an affiliate corporation is a corporation that
45directly or indirectly shares the same ultimate parent
46corporation as the employer and does not receive compensation
47for lobbying from any unaffiliated entity.
48     (f)  "Lobbyist" means a person who is employed and receives
49payment, or who contracts for economic consideration, for the
50purpose of lobbying, or a person who is principally employed for
51governmental affairs by another person or governmental entity to
52lobby on behalf of that other person or governmental entity. An
53employee of the principal is not a "lobbyist" unless the
54employee is principally employed for governmental affairs.
55"Principally employed for governmental affairs" means that one
56of the principal or most significant responsibilities of the
57employee to the employer is overseeing the employer's various
58relationships with government or representing the employer in
59its contacts with government. Any person employed by the
60Governor, the Executive Office of the Governor, or any executive
61or judicial department of the state or any community college of
62the state who seeks to encourage the passage, defeat, or
63modification of any legislation by personal appearance or
64attendance before the House of Representatives or the Senate, or
65any member or committee thereof, is a lobbyist.
66     (g)  "Payment" or "salary" means wages or any other
67consideration provided in exchange for services, but does not
68include reimbursement for expenses.
69     (h)  "Principal" means the person, firm, corporation, or
70other entity that has employed or retained a lobbyist. When an
71association has employed or retained a lobbyist, the association
72is the principal; the individual members of the association are
73not principals merely because of their membership in the
74association.
75     (i)  "Unusual circumstances," with respect to any failure
76of a person to satisfy a filing requirement, means uncommon,
77rare, or sudden events over which the person has no control and
78which directly result in the failure to satisfy the filing
79requirement.
80     (3)  For purposes of this rule, the terms "lobby" and
81"lobbying" do not include any of the following:
82     (a)  Response to an inquiry for information made by any
83member, committee, or staff of the Legislature.
84     (b)  An appearance in response to a legislative subpoena.
85     (c)  Advice or services that arise out of a contractual
86obligation with the Legislature, a member, a committee, any
87staff, or any legislative entity to render the advice or
88services where such obligation is fulfilled through the use of
89public funds.
90     (d)  Representation of a client before the House of
91Representatives or the Senate, or any member or committee
92thereof, when the client is subject to disciplinary action by
93the House of Representatives or the Senate, or any member or
94committee thereof.
95     (4)  For purposes of registration and reporting, the term
96"lobbyist" does not include any of the following:
97     (a)  A member of the Legislature.
98     (b)  A person who is employed by the Legislature.
99     (c)  A judge who is acting in that judge's official
100capacity.
101     (d)  A person who is a state officer holding elective
102office or an officer of a political subdivision of the state
103holding elective office and who is acting in that officer's
104official capacity.
105     (e)  A person who appears as a witness or for the purpose
106of providing information at the written request of the chair of
107a committee, subcommittee, or legislative delegation.
108     (f)  A person employed by any executive or judicial
109department of the state or any community college of the state
110who makes a personal appearance or attendance before the House
111of Representatives or the Senate, or any member or committee
112thereof, while that person is on approved leave or outside
113normal working hours, and who does not otherwise meet the
114definition of lobbyist.
115     (5)  When a person, whether or not the person is registered
116as a lobbyist, appears before a committee of the Legislature,
117that person must submit a Committee Appearance Record as
118required by the respective house.
119     1.2--Method of Registration
120     (1)  Each person who is required to register must register
121on forms furnished by the Lobbyist Registration Office, on which
122that person must state, under oath, that person's full legal
123name, business address, and telephone number, the name and
124business address of each principal that person represents, and
125the extent of any direct business association or partnership
126that person has with any member of the Legislature. In addition,
127if the lobbyist is a partner, owner, officer, or employee of a
128lobbying firm, the lobbyist must state the name, address,
129Federal Employer's Identification Number (FEIN), contact name,
130and telephone number of each lobbying firm to which the lobbyist
131belongs. The Lobbyist Registration Office or its designee is
132authorized to acknowledge the oath of any person who registers
133in person. Any changes to the information provided in the
134registration form must be reported to the Lobbyist Registration
135Office in writing within 15 days on forms furnished by the
136Lobbyist Registration Office.
137     (2)  Any person required to register must do so with
138respect to each principal prior to commencement of lobbying on
139behalf of that principal. At the time of registration, the
140registrant shall provide a statement on a form provided by the
141Lobbyist Registration Office, signed by the principal or
142principal's representative, that the registrant is authorized to
143represent the principal. On the authorization statement the
144principal or principal's representative shall also identify and
145designate the principal's main business pursuant to a
146classification system approved by the Office of Legislative
147Services that shall be the North American Industry
148Classification System (NAICS) six-digit numerical code that most
149accurately describes the principal's main business.
150     (3)  Any person required to register must renew the
151registration annually for each calendar year.
152     (4)  A lobbyist shall promptly send a notice to the
153Lobbyist Registration Office, on forms furnished by the Lobbyist
154Registration Office, canceling the registration for a principal
155upon termination of the lobbyist's representation of that
156principal. A notice of cancellation takes effect the day it is
157received by the Lobbyist Registration Office. Notwithstanding
158this requirement, the Lobbyist Registration Office may remove
159the name of a lobbyist from the list of registered lobbyists if
160the principal notifies the Lobbyist Registration Office that the
161lobbyist is no longer authorized to represent that principal.
162     (5)  The Lobbyist Registration Office shall publish on the
163first Monday of each regular session and weekly thereafter
164through the end of that session a compilation of the names of
165persons who have registered and the information contained in
166their registrations.
167     (5)(6)  The Lobbyist Registration Office shall retain all
168original registration documents submitted under this rule.
169     (6)(7)  A person who is required to register under this
170rule, or who chooses to register, shall be considered a lobbyist
171of the Legislature for the purposes of sections 11.045,
172112.3148, and 112.3149, Florida Statutes.
173     1.3--Registration Costs; Exemptions
174     (1)  To cover the costs incurred in administering this
175joint policy, each person who registers under Joint Senate and
176House Rule 1.1 must pay an annual registration fee to the
177Lobbyist Registration Office. The annual period runs from
178January 1 to December 31. These fees must be paid at the time of
179registration.
180     (2)  The following persons are exempt from paying the fee,
181provided they are designated in writing by the agency head or
182person designated in this subsection:
183     (a)  Two employees of each department of the executive
184branch created under chapter 20, Florida Statutes.
185     (b)  Two employees of the Fish and Wildlife Conservation
186Commission.
187     (c)  Two employees of the Executive Office of the Governor.
188     (d)  Two employees of the Commission on Ethics.
189     (e)  Two employees of the Florida Public Service
190Commission.
191     (f)  Two employees of the judicial branch designated in
192writing by the Chief Justice of the Florida Supreme Court.
193     (3)  The annual fee is up to $50 per each house for a
194person to register to represent one principal and up to an
195additional $10 per house for each additional principal that the
196person registers to represent. The amount of each fee shall be
197established annually by the President of the Senate and the
198Speaker of the House of Representatives. The fees set shall be
199adequate to ensure operation of the lobbyist registration and
200reporting operations of the Lobbyist Registration Office. The
201fees collected by the Lobbyist Registration Office under this
202joint policy shall be deposited in the State Treasury and
203credited to the Legislative Lobbyist Registration Trust Fund
204specifically to cover the costs incurred in administering this
205joint policy.
206     1.4--Reporting of Lobbying Firm Compensation
207     (1)(a)  Each lobbying firm shall file a compensation report
208with the division for each calendar quarter during any portion
209of which one or more of the firm's lobbyists were registered to
210represent a principal. The report shall include the:
211     1.  Full name, business address, and telephone number of
212the lobbying firm;
213     2.  Registration name of each of the firm's lobbyists; and
214     3.  Total compensation provided or owed to the lobbying
215firm from all principals for the reporting period, reported in
216one of the following categories:  $0; $1 to $49,999; $50,000 to
217$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
218$999,999; $1 million or more.
219     (b)  For each principal represented by one or more of the
220firm's lobbyists, the lobbying firm's compensation report shall
221also include the:
222     1.  Full name, business address, and telephone number of
223the principal; and
224     2.  Total compensation provided or owed to the lobbying
225firm for the reporting period, reported in one of the following
226categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
227$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
228more. If the category "$50,000 or more" is selected, the
229specific dollar amount of compensation must be reported, rounded
230up or down to the nearest $1,000.
231     (c)  If the lobbying firm subcontracts work from another
232lobbying firm and not from the original principal:
233     1.  The lobbying firm providing the work to be
234subcontracted shall be treated as the reporting lobbying firm's
235principal for reporting purposes under this paragraph; and
236     2.  The reporting lobbying firm shall, for each lobbying
237firm identified as the reporting lobbying firm's principal under
238paragraph (b), identify the name and address of the principal
239originating the lobbying work.
240     (d)  The senior partner, officer, or owner of the lobbying
241firm shall certify to the veracity and completeness of the
242information submitted pursuant to this Rule 1.4, and certify
243that no compensation has been omitted from this report by
244deeming such compensation as "consulting services," "media
245services," "professional services," or anything other than
246compensation, and certify that no officer or employee of the
247firm has made an expenditure in violation of section 11.045,
248Florida Statutes, as amended by chapter 2005-359, Laws of
249Florida.
250     (2)  For each principal represented by more than one
251lobbying firm, the division shall aggregate the reporting-period
252and calendar-year compensation reported as provided or owed by
253the principal. Compensation reported within a category shall be
254aggregated as follows: the arithmetic mean of the category.
255
256Category (dollars)         Dollar amount to use aggregating
257
2580                                   $        0
259
2601-9,999                                  5,000
261
26210,000-19,999                           15,000
263
26420,000-29,999                           25,000
265
26630,000-39,999                           35,000
267
26840,000-49,999                           45,000
269
270$50,000 or more                Actual amount reported
271     (3)  The reporting statements shall be filed no later than
27245 days after the end of each reporting period. The four
273reporting periods are from January 1 through March 31, April 1
274through June 30, July 1 through September 30, and October 1
275through December 31, respectively. The statements shall be
276rendered in the identical form provided by the respective houses
277and shall be open to public inspection. Effective April 1, 2007,
278reporting statements shall may be filed by electronic means
279through the electronic filing system developed by the division,
280conforming to subsection (4), when feasible.
281     (4)  The electronic filing system for compensation
282reporting shall include the following:
283     (a)  As used in this rule, the term "electronic filing
284system" means an Internet system for recording and reporting
285lobbying compensation and other required information by
286reporting period.
287     (b)  A report filed pursuant to this Rule 1.4 must be
288completed and filed through the electronic filing system not
289later than 11:59 p.m. of the day designated in subsection (3). A
290report not filed by 11:59 p.m. of the day designated is a late-
291filed report and is subject to the penalties under Rule 1.5(1).
292     (c)  Each person given secure sign-on credentials to file
293via the electronic filing system is responsible for protecting
294the credentials from disclosure and is responsible for all
295filings made by use of such credentials, unless and until the
296division is notified that the person's credentials have been
297compromised. Each report filed by electronic means pursuant to
298this section shall be deemed certified in accordance with
299paragraph (1)(d) by the person given the secure sign-on
300credentials and, as such, subjects the person and the lobbying
301firm to the provisions of s. 11.045(8), Florida Statutes, as
302well as any discipline provided under the rules of the Senate or
303House of 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
307standard web-browsing software.
308     3.  Provide for direct entry of compensation-report
309information as well as upload of such information from software
310authorized by the division.
311     4.  Provide a method that prevents unauthorized access to
312electronic filing system functions.
313     5.  Provide for the issuance of an electronic receipt to
314the person submitting the report indicating and verifying the
315date and time that the report was filed.
316     (5)  The division shall provide reasonable public notice of
317the electronic filing procedures and of any significant changes
318in such procedures. In the event that the President of the
319Senate and the Speaker of the House of Representatives jointly
320declare the electronic system to be not operable, the reports
321shall be filed in the manner required prior to April 1, 2007,
322unless the President of the Senate and the Speaker of the House
323of Representatives direct use of an alternate means of
324reporting. The division shall develop and maintain such
325alternative means as may be practicable. Public notice of
326changes in filing procedures and any declaration or direction of
327the President of the Senate and the Speaker of the House of
328Representatives may be provided by publication for a continuous
329period of reasonable time on one or more Internet websites
330maintained by the Senate and the House of Representatives.
331     (6)(4)  Prior to April 1, 2007, reports must shall be filed
332no later than 5 p.m. of the report due date. However, any report
333that is postmarked by the United States Postal Service no later
334than midnight of the due date shall be deemed to have been filed
335in a timely manner, and a certificate of mailing obtained from
336and dated by the United States Postal Service at the time of the
337mailing, or a receipt from an established courier company that
338bears a date on or before the due date, shall be proof of
339mailing in a timely manner.
340     1.5--Failure to File Timely Compensation Report; Notice and
341Assessment of Fines; Appeals
342     (1)  Upon determining that the report is late, the person
343designated to review the timeliness of reports shall immediately
344notify the lobbying firm as to the failure to timely file the
345report and that a fine is being assessed for each late day. The
346fine shall be $50 per day per report for each late day, not to
347exceed $5,000 per report.
348     (2)(a)  Effective April 1, 2007, upon receipt of the
349report, the person designated to review the timeliness of
350reports shall determine the amount of the fine based on when the
351report is actually received by the division or when the
352electronic receipt issued by the electronic filing system is
353dated, whichever is earlier.
354     (b)  Prior to April 1, 2007, upon receipt of the report,
355the person designated to review the timeliness of reports shall
356determine the amount of the fine due based upon the earliest of
357the following:
358     1.(a)  When a report is actually received by the division.
359     2.(b)  When the report is postmarked.
360     3.(c)  When the certificate of mailing is dated.
361     4.(d)  When the receipt from an established courier company
362is dated.
363     (3)  Such fine shall be paid within 30 days after the
364notice of payment due is transmitted by the person designated to
365review the timeliness of reports, unless appeal is made to the
366division. The moneys shall be deposited into the Legislative
367Lobbyist Registration Trust Fund.
368     (4)  A fine shall not be assessed against a lobbying firm
369the first time the report for which the lobbying firm is
370responsible is not timely filed. However, to receive the one-
371time fine waiver, the report for which the lobbying firm is
372responsible must be filed within 30 days after notice that the
373report has not been timely filed is transmitted by the person
374designated to review the timeliness of reports. A fine shall be
375assessed for any subsequent late-filed reports.
376     (5)  Any lobbying firm may appeal or dispute a fine, based
377upon unusual circumstances surrounding the failure to file on
378the designated due date, and may request and shall be entitled
379to a hearing before the General Counsel of the Office of
380Legislative Services, who shall recommend to the President of
381the Senate and the Speaker of the House of Representatives, or
382their respective designees, that the fine be waived in whole or
383in part for good cause shown. The President of the Senate and
384the Speaker of the House of Representatives, or their respective
385designees, may by joint agreement concur in the recommendation
386and waive the fine in whole or in part. Any such request shall
387be made within 30 days after the notice of payment due is
388transmitted by the person designated to review the timeliness of
389reports. In such case, the lobbying firm shall, within the 30-
390day period, notify the person designated to review the
391timeliness of reports in writing of his or her intention to
392request a hearing.
393     (6)  A lobbying firm may request that the filing of a
394report be waived upon good cause shown, based on unusual
395circumstances. The request must be filed with the General
396Counsel of the Office of Legislative Services, who shall make a
397recommendation concerning the waiver request to the President of
398the Senate and the Speaker of the House of Representatives. The
399President of the Senate and the Speaker of the House of
400Representatives may, by joint agreement, grant or deny the
401request.
402     (7)(a)  All lobbyist registrations for lobbyists who are
403partners, owners, officers, or employees of a lobbying firm that
404fails to timely pay a fine are automatically suspended until the
405fine is paid or waived, and the division shall promptly notify
406all affected principals and the President of the Senate and the
407Speaker of the House of Representatives of any suspension or
408reinstatement. All lobbyists who are partners, owners, officers,
409or employees of a lobbying firm are jointly and severally liable
410for any outstanding fine owed by a lobbying firm.
411     (b)  No such lobbyist may be reinstated in any capacity
412representing any principal until the fine is paid or until the
413fine is waived as to that lobbyist. A suspended lobbyist may
414request a waiver upon good cause shown, based on unusual
415circumstances. The request must be filed with the General
416Counsel of the Office of Legislative Services who shall, as soon
417as practicable, make a recommendation concerning the waiver
418request to the President of the Senate and the Speaker of the
419House of Representatives. The President of the Senate and the
420Speaker of the House of Representatives may, by joint agreement,
421grant or deny the request.
422     (8)  The person designated to review the timeliness of
423reports shall notify the director of the division of the failure
424of a lobbying firm to file a report after notice or of the
425failure of a lobbying firm to pay the fine imposed.
426     1.6--Open Records; Internet Publication of Registrations
427and Compensation Reports
428     (1)  All of the lobbyist registration forms and
429compensation reports received by the Lobbyist Registration
430Office shall be available for public inspection and for
431duplication at reasonable cost.
432     (2)  The division shall make information filed pursuant to
433Rules 1.2 and 1.4 reasonably available on the Internet in an
434easily understandable and accessible format. The Internet
435website shall include, but not be limited to, the names and
436business addresses of lobbyists, lobbying firms, and principals,
437the affiliations between lobbyists and principals, and the
438classification system designated and identified with respect to
439principals pursuant to Rule 1.2.
440     1.7--Records Retention and Inspection and Complaint
441Procedure
442     (1)  Each lobbying firm and each principal shall preserve
443for a period of 4 years all accounts, bills, receipts, computer
444records, books, papers, and other documents and records
445necessary to substantiate compensation reports.
446     (2)  Upon receipt of a complaint based upon the personal
447knowledge of the complainant made pursuant to the Senate Rules
448or Rules of the House of Representatives, any such documents and
449records may be inspected when authorized by the President of the
450Senate or the Speaker of the House of Representatives, as
451applicable. The person authorized to perform the inspection
452shall be designated in writing and shall be a member of The
453Florida Bar or a certified public accountant licensed in
454Florida. Any information obtained by such an inspection may only
455be used for purposes authorized by law, this Joint Rule One,
456Senate Rules, or Rules of the House of Representatives, which
457purposes may include the imposition of sanctions against a
458person subject to this rule or Senate Rules or the Rules of the
459House of Representatives. Any employee who uses that information
460for an unauthorized purpose is subject to discipline. Any member
461who uses that information for an unauthorized purpose is subject
462to discipline under the applicable rules of each house.
463     (3)  The right of inspection may be enforced by appropriate
464writ issued by any court of competent jurisdiction.
465     1.8--Questions Regarding Interpretation of this Joint Rule
466One
467     (1)  A person may request in writing an informal opinion
468from the General Counsel of the Office of Legislative Services
469as to the application of this Joint Rule One to a specific
470situation. The General Counsel shall issue the opinion within 10
471days after receiving the request. The informal opinion may be
472relied upon by the person who requested the informal opinion. A
473copy of each informal opinion that is issued shall be provided
474to the presiding officer of each house. A committee of either
475house designated pursuant to section 11.045(5), Florida
476Statutes, may revise any informal opinion rendered by the
477General Counsel through an advisory opinion to the person who
478requested the informal opinion. The advisory opinion shall
479supersede the informal opinion as of the date the advisory
480opinion is issued.
481     (2)  Persons in doubt about the applicability or
482interpretation of this Joint Rule One may submit in writing the
483facts for an advisory opinion to the committee of either house
484designated pursuant to section 11.045(5), Florida Statutes, and
485may appear in person before the committee in accordance with
486section 11.045(5), Florida Statutes.
487     1.9--Effect of Readoption and Revision
488     All obligations existing under Joint Rule One as of the
489last day of the previous legislative biennium are hereby
490ratified, preserved, and reimposed pursuant to the terms thereof
491as of that date. The provisions of Joint Rule One are imposed
492retroactively to the first day of the present legislative
493biennium except that provisions new to this revision are
494effective on the date of adoption or as otherwise expressly
495provided herein.
496     1.9  Effect of Former Joint Rule One
497     Every fine and penalty finally due and owing on or before
498December 31, 2005, under the Rules of the Senate or the House of
499Representatives or under former Joint Rules 1.1-1.9, with no
500appeal pending under such rules, is hereby ratified and
501preserved and shall be collected as previously finally
502determined. Every other obligation under former Joint Rule One,
503rescinded upon adoption of this Joint Rule One, is hereby waived
504and abolished. The obligations under Joint Rules 1.1, 1.2, and
5051.3 are to be enforced retroactively to January 1, 2006,
506provided that substantial compliance with the provisions of
507former Joint Rules 1.1, 1.2, and 1.3 on or before the effective
508date of this Joint Rule One shall be deemed to be in compliance
509with any retroactive requirements of this Joint Rule One.
510
JOINT RULE TWO
511
GENERAL APPROPRIATIONS BILL
512     2.1--General Appropriations Bill; Review Period
513     (1)  A general appropriations bill shall be subject to a
51472-hour public review period before a vote is taken on final
515passage of the bill in the form that will be presented to the
516Governor.
517     (2)  If a bill is returned to the house in which the bill
518originated and the originating house does not concur in all the
519amendments or adds additional amendments, no further action
520shall be taken on the bill by the nonoriginating house, and a
521conference committee shall be established by operation of this
522rule to consider the bill.
523     (3)  If a bill is referred to a conference committee by
524operation of this rule, a 72-hour public review period shall be
525provided prior to a vote being taken on the conference committee
526report by either house.
527     (4)  A copy of the bill, a copy of the bill with amendments
528adopted by the nonoriginating house, or the conference committee
529report shall be furnished to each member of the Legislature, the
530Governor, the Chief Justice of the Supreme Court, and each
531member of the Cabinet. Copies for the Governor, Chief Justice
532and members of the Cabinet shall be furnished to the official's
533office in the Capitol or Supreme Court Building. A member's copy
534shall be furnished to the member's desk in the appropriate
535chamber. The Secretary of the Senate shall be responsible for
536furnishing copies under this rule for Senate bills, House bills
537as amended by the Senate, and conference committee reports on
538Senate bills. The Clerk of the House shall be responsible for
539furnishing copies under this rule for House bills, Senate bills
540as amended by the House, and conference committee reports on
541House bills.
542     (5)  The 72-hour public review period shall begin to run
543upon completion of the furnishing of copies required to be
544provided herein. The Speaker of the House and the President of
545the Senate, as appropriate, shall be informed of the completion
546time and such time shall be announced on the floor prior to vote
547on final passage in each house and shall be entered in the
548journal of each house. Saturdays, Sundays, and holidays shall be
549included in the computation under this rule.
550     2.2--General Appropriations Bill; Definition
551     For the purposes of Joint Rule 2, the term "general
552appropriations bill" means a bill which provides for the
553salaries of public officers and other current expenses of the
554state and contains no subject other than appropriations. A bill
555which contains appropriations which are incidental and necessary
556solely to implement a substantive law is not included within
557this term.
558
JOINT RULE THREE
559
LEGISLATIVE SUPPORT SERVICES
560     3.1--Organizational Structure
561     The Legislature shall be supported by the Office of
562Legislative Services, the Office of Legislative Information
563Technology Services, and the Office of Economic and Demographic
564Research. These offices shall provide support services that are
565determined by the President of the Senate and the Speaker of the
566House of Representatives to be necessary and that can be
567effectively provided jointly to both houses and other units of
568the Legislature. Each office shall be directed by a coordinator
569selected by the President of the Senate and the Speaker of the
570House of Representatives.
571     (1)  The Office of Legislative Services shall provide
572legislative support services other than those prescribed in
573subsections (2) and (3). The Division of Statutory Revision and
574the Division of Legislative Information shall be two of the
575divisions within the Office of Legislative Services.
576     (2)  The Office of Legislative Information Technology
577Services shall provide support services to assist the
578Legislature in achieving its objectives through the application
579of cost-effective information technology.
580     (3)  The Office of Economic and Demographic Research shall
581provide research support services, principally regarding
582forecasting economic and social trends that affect policymaking,
583revenue, and appropriations.
584     3.2--Policies
585     The President of the Senate and the Speaker of the House of
586Representatives shall jointly adopt policies they consider
587advisable to carry out the functions of the Legislature.
588
JOINT RULE FOUR
589
JOINT LEGISLATIVE AUDITING COMMITTEE
590     4.1--Responsibilities
591     (1)  On or before December 31 of the year following each
592decennial census, the Legislative Auditing Committee shall
593review the performance of the Auditor General and shall submit a
594report to the Legislature which recommends whether the Auditor
595General should continue to serve in office.
596     (2)  The expenses of the members of the committee shall be
597approved by the chair of the committee and paid from the
598appropriation for legislative expense.
599     (3)  The committee shall submit to the President of the
600Senate and the Speaker of the House of Representatives, for
601approval, an estimate of the financial needs of the committee,
602the Auditor General, and the Office of Program Policy Analysis
603and Government Accountability, and the Public Counsel.
604     (4)  The committee and the units it oversees, including the
605Auditor General, the Office of Program Policy Analysis and
606Government Accountability, and the Public Counsel, shall submit
607their budget requests and operating budgets to the President of
608the Senate and the Speaker of the House of Representatives for
609prior written approval by the presiding officers acting
610together.
611     (5)  The committee may receive requests for audits and
612reviews from legislators. Staff of the committee shall review
613each request and make a recommendation to the committee
614concerning its disposition. The manner of disposition
615recommended may be:
616     (a)  Assignment to the Auditor General for inclusion in a
617regularly scheduled agency audit;
618     (b)  Assignment to the Auditor General for special audit or
619review;
620     (c)  Assignment to the Office of Program Policy Analysis
621and Government Accountability for inclusion in a regularly
622scheduled performance audit;
623     (d)  Assignment to the Office of Program Policy Analysis
624and Government Accountability for special audit or review;
625     (e)  Assignment to committee staff; or
626     (f)  Rejection as being an unnecessary or inappropriate
627application of legislative resources.
628     (6)  The committee may at any time, without regard to
629whether the Legislature is in session, take under investigation
630any matter within the scope of an audit either completed or then
631being conducted by the Auditor General or the Office of Program
632Policy Analysis and Government Accountability, and in connection
633with such investigation may exercise the powers of subpoena by
634law vested in a standing committee of the Legislature.
635     (7)  The committee shall review the performance of the
636director of the Office of Program Policy Analysis and Government
637Accountability every 4 years and shall submit a report to the
638Legislature recommending whether the director should be
639reappointed. A vacancy in the office must be filled in the same
640manner as the original appointment.
641
JOINT RULE FIVE
642
AUDITOR GENERAL
643     5.1--Rulemaking authority
644     The Auditor General shall make and enforce reasonable rules
645and regulations necessary to facilitate audits that he or she is
646authorized to perform.
647     5.2--Budget and accounting
648     (1)  The Auditor General shall prepare and submit annually
649to the President of the Senate and the Speaker of the House of
650Representatives for their joint approval a proposed budget for
651the ensuing fiscal year.
652     (2)  Within the limitations of the approved operating
653budget, the salaries and expenses of the Auditor General and the
654staff of the Auditor General shall be paid from the
655appropriation for legislative expense or any other moneys
656appropriated by the Legislature for that purpose. The Auditor
657General shall approve all bills for salaries and expenses for
658his or her staff before the same shall be paid.
659     5.3--Audit report distribution
660     (1)  A copy of each audit report shall be submitted to the
661Governor, to the Comptroller, and to the officer or person in
662charge of the state agency or political subdivision audited. One
663copy shall be filed as a permanent public record in the office
664of the Auditor General. In the case of county reports, one copy
665of the report of each county office, school district, or other
666district audited shall be submitted to the board of county
667commissioners of the county in which the audit was made and
668shall be filed in the office of the clerk of the circuit court
669of that county as a public record. When an audit is made of the
670records of the district school board, a copy of the audit report
671shall also be filed with the district school board, and
672thereupon such report shall become a part of the public records
673of such board.
674     (2)  A copy of each audit report shall be made available to
675each member of the Legislative Auditing Committee.
676     (3)  The Auditor General shall transmit a copy of each
677audit report to the appropriate substantive and fiscal
678committees of the Senate and House of Representatives.
679     (4)  Other copies may be furnished to other persons who, as
680in the opinion of the Auditor General, are directly interested
681in the audit or who have a duty to perform in connection
682therewith.
683     (5)  The Auditor General shall transmit to the President of
684the Senate and the Speaker of the House of Representatives, by
685December 1 of each year, a list of statutory and fiscal changes
686recommended by audit reports. The recommendations shall be
687presented in two categories: one addressing substantive law and
688policy issues and the other addressing budget issues. The
689Auditor General may also transmit recommendations at other times
690of the year when the information would be timely and useful for
691the Legislature.
692
JOINT RULE SIX
693
OFFICE OF PROGRAM POLICY
694
ANALYSIS AND GOVERNMENT ACCOUNTABILITY
695     6.1--Responsibilities of the director
696     (1)  The director may adopt and enforce reasonable rules
697necessary to facilitate the studies, reviews, and reports that
698the office is authorized to perform.
699     (2)  The director shall prepare and submit annually to the
700President of the Senate and the Speaker of the House of
701Representatives for their joint approval the annual projected
702work plan of the office in conjunction with a proposed operating
703budget for the ensuing fiscal year.
704     (3)  Within the monetary limitations of the approved
705operating budget, the salaries and expenses of the director and
706the staff of the Office of Program Policy Analysis and
707Government Accountability shall be paid from the appropriation
708for legislative expense or any other moneys appropriated by the
709Legislature for that purpose. The director shall approve all
710bills for salaries and expenses before the same shall be paid.
711     (4)  Within the monetary limitations of the approved
712operating budget, the director shall make all spending
713decisions, including entering into contracts on behalf of the
714Office of Program Policy Analysis and Government Accountability.
715     (5)  The director shall transmit to the President of the
716Senate and the Speaker of the House of Representatives, by
717December 1 of each year, a list of statutory and fiscal changes
718recommended by office reports. The recommendations shall be
719presented in two categories: one addressing substantive law and
720policy issues and the other addressing budget issues. The
721director may also transmit recommendations at other times of the
722year when the information would be timely and useful for the
723Legislature.
724
JOINT RULE SEVEN
725
JOINT LEGISLATIVE BUDGET COMMISSION
726     7.1--General Responsibilities
727     (1)  The commission, as provided in chapter 216, Florida
728Statutes, shall receive and review notices of budget and
729personnel actions and proposed actions taken or to be taken by
730the executive and judicial branches and shall approve or
731disapprove such actions.
732     (2)  Through the chairperson chairman, the commission shall
733advise the Governor and the Chief Justice of actions or proposed
734actions that exceed delegated authority or that are contrary to
735legislative policy and intent.
736     (3)  To the extent possible, the commission shall inform
737members of the Legislature of budget amendments requested by the
738executive or judicial branches.
739     (4)  The commission shall consult with the Chief Financial
740Officer Comptroller and the Executive Office of the Governor on
741matters as required by chapter 216, Florida Statutes.
742     (5)  The President of the Senate and the Speaker of the
743House of Representatives may jointly assign other
744responsibilities to the commission in addition to those assigned
745by law.
746     (6)  The commission shall develop policies and procedures
747necessary to carry out its assigned responsibilities.
748     (7)  The commission, with the approval of the President of
749the Senate and the Speaker of the House of Representatives, may
750appoint subcommittees as necessary to facilitate its work.
751     7.2--Zero-based Budgeting
752     (1)  The commission shall develop a schedule and apply
753zero-based budgeting principles in reviewing the budget of each
754state agency at least once every 8 years.
755     (2)  By July 1 of each year, the commission shall issue
756instructions to the agencies whose budgets are to be reviewed
757prior to the next legislative session.
758     (3)  The commission shall provide these reviews to the
759President of the Senate and the Speaker of the House of
760Representatives by December 31 of the year in which they are
761completed.
762     (4)  By February 1, 2001, the commission shall provide to
763the President of the Senate and the Speaker of the House of
764Representatives a schedule for completing zero-based budgeting
765reviews of all state agencies prior to December 31, 2008.
766     7.2 7.3--Organizational Structure
767     (1)  The commission shall be composed of seven members of
768the Senate appointed by the President of the Senate and seven
769members of the House of Representatives appointed by the Speaker
770of the House of Representatives. The appointees shall include
771the chairman of the Fiscal Responsibility Council in the House
772of Representatives and the chairman of the Committee on
773Appropriations in the Senate.
774     (2)  The members of the commission shall elect a chairman
775and a vice chairman. In even-numbered years, a Senator shall be
776chairman and a House member vice chairman. In odd-numbered
777years, a House member shall be chairman and a Senator vice
778chairman.
779     (3)  The commission shall meet at least quarterly and more
780frequently at the direction of the presiding officers or the
781chairman. Meetings may be conducted through teleconferences or
782other electronic means.
783     (4)  A quorum shall consist of a majority of the commission
784members of each house plus one additional member of the
785commission.
786     (5)  Action by the commission shall require a majority vote
787of the members present of each house.
788     (2)(6)  The commission shall be jointly staffed by the
789appropriations committees of both houses. During even-numbered
790years, The Senate shall provide the lead staff when the
791chairperson is a Senator. During odd-numbered years, The House
792of Representatives shall provide the lead staff when the
793chairperson is a Representative.
794     7.3 7.4--Notice of Commission Meetings
795     Not less than 7 days prior to a meeting of the commission,
796a notice of the meeting, stating the items to be considered,
797date, time, and place, shall be filed with the Secretary of the
798Senate when the chairperson chairman is a Senator or with the
799Chief Clerk of the House of Representatives when the chairperson
800chairman is a Representative. The Secretary or the Chief Clerk
801shall distribute notice to the Legislature and the public,
802consistent with the rules and policies of their respective
803houses.
804     7.4--Effect of Adoption; Intent
805     This Joint Rule Seven replaces all prior joint rules
806governing the Joint Legislative Budget Commission and is
807intended to implement constitutional provisions relating to the
808Joint Legislative Budget Commission existing as of the date of
809the rule's adoption.
810
JOINT RULE EIGHT
811
CONTINUING EXISTENCE OF JOINT RULES
812     8.1--Continuing Existence of Joint Rules
813     All joint rules adopted by concurrent resolution, and
814amendments thereto, shall continue in effect from session to
815session or Legislature to Legislature until repealed by
816concurrent resolution.
817
818======= T I T L E  A M E N D M E N T ==========
819     Remove lines 1-18 and insert:
820
House Concurrent Resolution
821A concurrent resolution adopting the Joint Rules of the
822Florida Legislature and amending Joint Rule One, relating
823to lobbyist registration and compensation reporting, and
824Joint Rule Seven, relating to the organization and duties
825of the Legislative Budget Commission.
826
827     WHEREAS, chapter 2005-359, Laws of Florida, established
828lobbyist compensation reporting, and further provided for
829electronic filing of compensation reports and other information
830effective April 1, 2007, and
831     WHEREAS, in the 2006 general election, the electors of
832Florida amended Section 19 of Article III of the Constitution of
833Florida to create within the Legislature the Joint Legislative
834Budget Commission, and
835     WHEREAS, Section 19, as so amended, provides that the Joint
836Legislative Budget Commission shall be governed by the Joint
837Rules of the Senate and the House of Representatives, NOW,
838THEREFORE,


CODING: Words stricken are deletions; words underlined are additions.