1 | Representative(s) Seiler and Rivera offered the following: |
2 |
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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 |
6 | and 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 |
12 | Appearance Records |
13 | (1) All lobbyists before the Florida Legislature must |
14 | register with the Lobbyist Registration Office in the Division |
15 | of Legislative Information Services of the Office of Legislative |
16 | Services. Registration is required for each principal |
17 | represented. |
18 | (2) As used in Joint Rule One, unless the context |
19 | otherwise requires: |
20 | (a) "Compensation" means payment, distribution, loan, |
21 | advance, reimbursement, deposit, salary, fee, retainer, or |
22 | anything of value provided or owed to a lobbying firm, directly |
23 | or indirectly, by a principal for any lobbying activity. |
24 | (b) "Division" means the Division of Legislative |
25 | Information Services within the Office of Legislative Services. |
26 | (c) "Legislative action" means introduction, sponsorship, |
27 | testimony, debate, voting, or any other official action on any |
28 | measure, resolution, amendment, nomination, appointment, or |
29 | report of, or any matter that may be the subject of action by, |
30 | either house of the Legislature or any committee thereof. |
31 | (d) "Lobby" or "lobbying" means influencing or attempting |
32 | to influence legislative action or nonaction through oral or |
33 | written communication or an attempt to obtain the goodwill of a |
34 | member or employee of the Legislature. |
35 | (e) "Lobbying firm" means any business entity, including |
36 | an individual contract lobbyist, that receives or becomes |
37 | entitled to receive any compensation for the purpose of |
38 | lobbying, and where any partner, owner, officer, or employee of |
39 | the business entity is a lobbyist. "Lobbying firm" does not |
40 | include an entity that has employees who are lobbyists if the |
41 | entity does not derive compensation from principals for |
42 | lobbying, or such compensation is received exclusively from a |
43 | subsidiary or affiliate corporation of the employer. As used in |
44 | this paragraph, an affiliate corporation is a corporation that |
45 | directly or indirectly shares the same ultimate parent |
46 | corporation as the employer and does not receive compensation |
47 | for lobbying from any unaffiliated entity. |
48 | (f) "Lobbyist" means a person who is employed and receives |
49 | payment, or who contracts for economic consideration, for the |
50 | purpose of lobbying, or a person who is principally employed for |
51 | governmental affairs by another person or governmental entity to |
52 | lobby on behalf of that other person or governmental entity. An |
53 | employee of the principal is not a "lobbyist" unless the |
54 | employee is principally employed for governmental affairs. |
55 | "Principally employed for governmental affairs" means that one |
56 | of the principal or most significant responsibilities of the |
57 | employee to the employer is overseeing the employer's various |
58 | relationships with government or representing the employer in |
59 | its contacts with government. Any person employed by the |
60 | Governor, the Executive Office of the Governor, or any executive |
61 | or judicial department of the state or any community college of |
62 | the state who seeks to encourage the passage, defeat, or |
63 | modification of any legislation by personal appearance or |
64 | attendance before the House of Representatives or the Senate, or |
65 | any member or committee thereof, is a lobbyist. |
66 | (g) "Payment" or "salary" means wages or any other |
67 | consideration provided in exchange for services, but does not |
68 | include reimbursement for expenses. |
69 | (h) "Principal" means the person, firm, corporation, or |
70 | other entity that has employed or retained a lobbyist. When an |
71 | association has employed or retained a lobbyist, the association |
72 | is the principal; the individual members of the association are |
73 | not principals merely because of their membership in the |
74 | association. |
75 | (i) "Unusual circumstances," with respect to any failure |
76 | of a person to satisfy a filing requirement, means uncommon, |
77 | rare, or sudden events over which the person has no control and |
78 | which directly result in the failure to satisfy the filing |
79 | requirement. |
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 |
83 | member, 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 |
86 | obligation with the Legislature, a member, a committee, any |
87 | staff, or any legislative entity to render the advice or |
88 | services where such obligation is fulfilled through the use of |
89 | public funds. |
90 | (d) Representation of a client before the House of |
91 | Representatives or the Senate, or any member or committee |
92 | thereof, when the client is subject to disciplinary action by |
93 | the House of Representatives or the Senate, or any member or |
94 | committee 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 |
100 | capacity. |
101 | (d) A person who is a state officer holding elective |
102 | office or an officer of a political subdivision of the state |
103 | holding elective office and who is acting in that officer's |
104 | official capacity. |
105 | (e) A person who appears as a witness or for the purpose |
106 | of providing information at the written request of the chair of |
107 | a committee, subcommittee, or legislative delegation. |
108 | (f) A person employed by any executive or judicial |
109 | department of the state or any community college of the state |
110 | who makes a personal appearance or attendance before the House |
111 | of Representatives or the Senate, or any member or committee |
112 | thereof, while that person is on approved leave or outside |
113 | normal working hours, and who does not otherwise meet the |
114 | definition of lobbyist. |
115 | (5) When a person, whether or not the person is registered |
116 | as a lobbyist, appears before a committee of the Legislature, |
117 | that person must submit a Committee Appearance Record as |
118 | required by the respective house. |
119 | 1.2--Method of Registration |
120 | (1) Each person who is required to register must register |
121 | on forms furnished by the Lobbyist Registration Office, on which |
122 | that person must state, under oath, that person's full legal |
123 | name, business address, and telephone number, the name and |
124 | business address of each principal that person represents, and |
125 | the extent of any direct business association or partnership |
126 | that person has with any member of the Legislature. In addition, |
127 | if the lobbyist is a partner, owner, officer, or employee of a |
128 | lobbying firm, the lobbyist must state the name, address, |
129 | Federal Employer's Identification Number (FEIN), contact name, |
130 | and telephone number of each lobbying firm to which the lobbyist |
131 | belongs. The Lobbyist Registration Office or its designee is |
132 | authorized to acknowledge the oath of any person who registers |
133 | in person. Any changes to the information provided in the |
134 | registration form must be reported to the Lobbyist Registration |
135 | Office in writing within 15 days on forms furnished by the |
136 | Lobbyist Registration Office. |
137 | (2) Any person required to register must do so with |
138 | respect to each principal prior to commencement of lobbying on |
139 | behalf of that principal. At the time of registration, the |
140 | registrant shall provide a statement on a form provided by the |
141 | Lobbyist Registration Office, signed by the principal or |
142 | principal's representative, that the registrant is authorized to |
143 | represent the principal. On the authorization statement the |
144 | principal or principal's representative shall also identify and |
145 | designate the principal's main business pursuant to a |
146 | classification system approved by the Office of Legislative |
147 | Services that shall be the North American Industry |
148 | Classification System (NAICS) six-digit numerical code that most |
149 | accurately describes the principal's main business. |
150 | (3) Any person required to register must renew the |
151 | registration annually for each calendar year. |
152 | (4) A lobbyist shall promptly send a notice to the |
153 | Lobbyist Registration Office, on forms furnished by the Lobbyist |
154 | Registration Office, canceling the registration for a principal |
155 | upon termination of the lobbyist's representation of that |
156 | principal. A notice of cancellation takes effect the day it is |
157 | received by the Lobbyist Registration Office. Notwithstanding |
158 | this requirement, the Lobbyist Registration Office may remove |
159 | the name of a lobbyist from the list of registered lobbyists if |
160 | the principal notifies the Lobbyist Registration Office that the |
161 | lobbyist is no longer authorized to represent that principal. |
162 | (5) The Lobbyist Registration Office shall publish on the |
163 | first Monday of each regular session and weekly thereafter |
164 | through the end of that session a compilation of the names of |
165 | persons who have registered and the information contained in |
166 | their registrations. |
167 | (5)(6) The Lobbyist Registration Office shall retain all |
168 | original registration documents submitted under this rule. |
169 | (6)(7) A person who is required to register under this |
170 | rule, or who chooses to register, shall be considered a lobbyist |
171 | of the Legislature for the purposes of sections 11.045, |
172 | 112.3148, and 112.3149, Florida Statutes. |
173 | 1.3--Registration Costs; Exemptions |
174 | (1) To cover the costs incurred in administering this |
175 | joint policy, each person who registers under Joint Senate and |
176 | House Rule 1.1 must pay an annual registration fee to the |
177 | Lobbyist Registration Office. The annual period runs from |
178 | January 1 to December 31. These fees must be paid at the time of |
179 | registration. |
180 | (2) The following persons are exempt from paying the fee, |
181 | provided they are designated in writing by the agency head or |
182 | person designated in this subsection: |
183 | (a) Two employees of each department of the executive |
184 | branch created under chapter 20, Florida Statutes. |
185 | (b) Two employees of the Fish and Wildlife Conservation |
186 | Commission. |
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 |
190 | Commission. |
191 | (f) Two employees of the judicial branch designated in |
192 | writing by the Chief Justice of the Florida Supreme Court. |
193 | (3) The annual fee is up to $50 per each house for a |
194 | person to register to represent one principal and up to an |
195 | additional $10 per house for each additional principal that the |
196 | person registers to represent. The amount of each fee shall be |
197 | established annually by the President of the Senate and the |
198 | Speaker of the House of Representatives. The fees set shall be |
199 | adequate to ensure operation of the lobbyist registration and |
200 | reporting operations of the Lobbyist Registration Office. The |
201 | fees collected by the Lobbyist Registration Office under this |
202 | joint policy shall be deposited in the State Treasury and |
203 | credited to the Legislative Lobbyist Registration Trust Fund |
204 | specifically to cover the costs incurred in administering this |
205 | joint policy. |
206 | 1.4--Reporting of Lobbying Firm Compensation |
207 | (1)(a) Each lobbying firm shall file a compensation report |
208 | with the division for each calendar quarter during any portion |
209 | of which one or more of the firm's lobbyists were registered to |
210 | represent a principal. The report shall include the: |
211 | 1. Full name, business address, and telephone number of |
212 | the lobbying firm; |
213 | 2. Registration name of each of the firm's lobbyists; and |
214 | 3. Total compensation provided or owed to the lobbying |
215 | firm from all principals for the reporting period, reported in |
216 | one 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 |
220 | firm's lobbyists, the lobbying firm's compensation report shall |
221 | also include the: |
222 | 1. Full name, business address, and telephone number of |
223 | the principal; and |
224 | 2. Total compensation provided or owed to the lobbying |
225 | firm for the reporting period, reported in one of the following |
226 | categories: $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 |
228 | more. If the category "$50,000 or more" is selected, the |
229 | specific dollar amount of compensation must be reported, rounded |
230 | up or down to the nearest $1,000. |
231 | (c) If the lobbying firm subcontracts work from another |
232 | lobbying firm and not from the original principal: |
233 | 1. The lobbying firm providing the work to be |
234 | subcontracted shall be treated as the reporting lobbying firm's |
235 | principal for reporting purposes under this paragraph; and |
236 | 2. The reporting lobbying firm shall, for each lobbying |
237 | firm identified as the reporting lobbying firm's principal under |
238 | paragraph (b), identify the name and address of the principal |
239 | originating the lobbying work. |
240 | (d) The senior partner, officer, or owner of the lobbying |
241 | firm shall certify to the veracity and completeness of the |
242 | information submitted pursuant to this Rule 1.4, and certify |
243 | that no compensation has been omitted from this report by |
244 | deeming such compensation as "consulting services," "media |
245 | services," "professional services," or anything other than |
246 | compensation, and certify that no officer or employee of the |
247 | firm has made an expenditure in violation of section 11.045, |
248 | Florida Statutes, as amended by chapter 2005-359, Laws of |
249 | Florida. |
250 | (2) For each principal represented by more than one |
251 | lobbying firm, the division shall aggregate the reporting-period |
252 | and calendar-year compensation reported as provided or owed by |
253 | the principal. Compensation reported within a category shall be |
254 | aggregated as follows: the arithmetic mean of the category. |
255 |
|
256 | Category (dollars) Dollar amount to use aggregating |
257 |
|
258 | 0 $ 0 |
259 |
|
260 | 1-9,999 5,000 |
261 |
|
262 | 10,000-19,999 15,000 |
263 |
|
264 | 20,000-29,999 25,000 |
265 |
|
266 | 30,000-39,999 35,000 |
267 |
|
268 | 40,000-49,999 45,000 |
269 |
|
270 | $50,000 or more Actual amount reported |
271 | (3) The reporting statements shall be filed no later than |
272 | 45 days after the end of each reporting period. The four |
273 | reporting periods are from January 1 through March 31, April 1 |
274 | through June 30, July 1 through September 30, and October 1 |
275 | through December 31, respectively. The statements shall be |
276 | rendered in the identical form provided by the respective houses |
277 | and shall be open to public inspection. Effective April 1, 2007, |
278 | reporting statements shall may be filed by electronic means |
279 | through the electronic filing system developed by the division, |
280 | conforming to subsection (4), when feasible. |
281 | (4) The electronic filing system for compensation |
282 | reporting shall include the following: |
283 | (a) As used in this rule, the term "electronic filing |
284 | system" means an Internet system for recording and reporting |
285 | lobbying compensation and other required information by |
286 | reporting period. |
287 | (b) A report filed pursuant to this Rule 1.4 must be |
288 | completed and filed through the electronic filing system not |
289 | later than 11:59 p.m. of the day designated in subsection (3). A |
290 | report not filed by 11:59 p.m. of the day designated is a late- |
291 | filed report and is subject to the penalties under Rule 1.5(1). |
292 | (c) Each person given secure sign-on credentials to file |
293 | via the electronic filing system is responsible for protecting |
294 | the credentials from disclosure and is responsible for all |
295 | filings made by use of such credentials, unless and until the |
296 | division is notified that the person's credentials have been |
297 | compromised. Each report filed by electronic means pursuant to |
298 | this section shall be deemed certified in accordance with |
299 | paragraph (1)(d) by the person given the secure sign-on |
300 | credentials and, as such, subjects the person and the lobbying |
301 | firm to the provisions of s. 11.045(8), Florida Statutes, as |
302 | well as any discipline provided under the rules of the Senate or |
303 | House 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 |
307 | standard web-browsing software. |
308 | 3. Provide for direct entry of compensation-report |
309 | information as well as upload of such information from software |
310 | authorized by the division. |
311 | 4. Provide a method that prevents unauthorized access to |
312 | electronic filing system functions. |
313 | 5. Provide for the issuance of an electronic receipt to |
314 | the person submitting the report indicating and verifying the |
315 | date and time that the report was filed. |
316 | (5) The division shall provide reasonable public notice of |
317 | the electronic filing procedures and of any significant changes |
318 | in such procedures. In the event that the President of the |
319 | Senate and the Speaker of the House of Representatives jointly |
320 | declare the electronic system to be not operable, the reports |
321 | shall be filed in the manner required prior to April 1, 2007, |
322 | unless the President of the Senate and the Speaker of the House |
323 | of Representatives direct use of an alternate means of |
324 | reporting. The division shall develop and maintain such |
325 | alternative means as may be practicable. Public notice of |
326 | changes in filing procedures and any declaration or direction of |
327 | the President of the Senate and the Speaker of the House of |
328 | Representatives may be provided by publication for a continuous |
329 | period of reasonable time on one or more Internet websites |
330 | maintained by the Senate and the House of Representatives. |
331 | (6)(4) Prior to April 1, 2007, reports must shall be filed |
332 | no later than 5 p.m. of the report due date. However, any report |
333 | that is postmarked by the United States Postal Service no later |
334 | than midnight of the due date shall be deemed to have been filed |
335 | in a timely manner, and a certificate of mailing obtained from |
336 | and dated by the United States Postal Service at the time of the |
337 | mailing, or a receipt from an established courier company that |
338 | bears a date on or before the due date, shall be proof of |
339 | mailing in a timely manner. |
340 | 1.5--Failure to File Timely Compensation Report; Notice and |
341 | Assessment of Fines; Appeals |
342 | (1) Upon determining that the report is late, the person |
343 | designated to review the timeliness of reports shall immediately |
344 | notify the lobbying firm as to the failure to timely file the |
345 | report and that a fine is being assessed for each late day. The |
346 | fine shall be $50 per day per report for each late day, not to |
347 | exceed $5,000 per report. |
348 | (2)(a) Effective April 1, 2007, upon receipt of the |
349 | report, the person designated to review the timeliness of |
350 | reports shall determine the amount of the fine based on when the |
351 | report is actually received by the division or when the |
352 | electronic receipt issued by the electronic filing system is |
353 | dated, whichever is earlier. |
354 | (b) Prior to April 1, 2007, upon receipt of the report, |
355 | the person designated to review the timeliness of reports shall |
356 | determine the amount of the fine due based upon the earliest of |
357 | the 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 |
362 | is dated. |
363 | (3) Such fine shall be paid within 30 days after the |
364 | notice of payment due is transmitted by the person designated to |
365 | review the timeliness of reports, unless appeal is made to the |
366 | division. The moneys shall be deposited into the Legislative |
367 | Lobbyist Registration Trust Fund. |
368 | (4) A fine shall not be assessed against a lobbying firm |
369 | the first time the report for which the lobbying firm is |
370 | responsible is not timely filed. However, to receive the one- |
371 | time fine waiver, the report for which the lobbying firm is |
372 | responsible must be filed within 30 days after notice that the |
373 | report has not been timely filed is transmitted by the person |
374 | designated to review the timeliness of reports. A fine shall be |
375 | assessed for any subsequent late-filed reports. |
376 | (5) Any lobbying firm may appeal or dispute a fine, based |
377 | upon unusual circumstances surrounding the failure to file on |
378 | the designated due date, and may request and shall be entitled |
379 | to a hearing before the General Counsel of the Office of |
380 | Legislative Services, who shall recommend to the President of |
381 | the Senate and the Speaker of the House of Representatives, or |
382 | their respective designees, that the fine be waived in whole or |
383 | in part for good cause shown. The President of the Senate and |
384 | the Speaker of the House of Representatives, or their respective |
385 | designees, may by joint agreement concur in the recommendation |
386 | and waive the fine in whole or in part. Any such request shall |
387 | be made within 30 days after the notice of payment due is |
388 | transmitted by the person designated to review the timeliness of |
389 | reports. In such case, the lobbying firm shall, within the 30- |
390 | day period, notify the person designated to review the |
391 | timeliness of reports in writing of his or her intention to |
392 | request a hearing. |
393 | (6) A lobbying firm may request that the filing of a |
394 | report be waived upon good cause shown, based on unusual |
395 | circumstances. The request must be filed with the General |
396 | Counsel of the Office of Legislative Services, who shall make a |
397 | recommendation concerning the waiver request to the President of |
398 | the Senate and the Speaker of the House of Representatives. The |
399 | President of the Senate and the Speaker of the House of |
400 | Representatives may, by joint agreement, grant or deny the |
401 | request. |
402 | (7)(a) All lobbyist registrations for lobbyists who are |
403 | partners, owners, officers, or employees of a lobbying firm that |
404 | fails to timely pay a fine are automatically suspended until the |
405 | fine is paid or waived, and the division shall promptly notify |
406 | all affected principals and the President of the Senate and the |
407 | Speaker of the House of Representatives of any suspension or |
408 | reinstatement. All lobbyists who are partners, owners, officers, |
409 | or employees of a lobbying firm are jointly and severally liable |
410 | for any outstanding fine owed by a lobbying firm. |
411 | (b) No such lobbyist may be reinstated in any capacity |
412 | representing any principal until the fine is paid or until the |
413 | fine is waived as to that lobbyist. A suspended lobbyist may |
414 | request a waiver upon good cause shown, based on unusual |
415 | circumstances. The request must be filed with the General |
416 | Counsel of the Office of Legislative Services who shall, as soon |
417 | as practicable, make a recommendation concerning the waiver |
418 | request to the President of the Senate and the Speaker of the |
419 | House of Representatives. The President of the Senate and the |
420 | Speaker of the House of Representatives may, by joint agreement, |
421 | grant or deny the request. |
422 | (8) The person designated to review the timeliness of |
423 | reports shall notify the director of the division of the failure |
424 | of a lobbying firm to file a report after notice or of the |
425 | failure of a lobbying firm to pay the fine imposed. |
426 | 1.6--Open Records; Internet Publication of Registrations |
427 | and Compensation Reports |
428 | (1) All of the lobbyist registration forms and |
429 | compensation reports received by the Lobbyist Registration |
430 | Office shall be available for public inspection and for |
431 | duplication at reasonable cost. |
432 | (2) The division shall make information filed pursuant to |
433 | Rules 1.2 and 1.4 reasonably available on the Internet in an |
434 | easily understandable and accessible format. The Internet |
435 | website shall include, but not be limited to, the names and |
436 | business addresses of lobbyists, lobbying firms, and principals, |
437 | the affiliations between lobbyists and principals, and the |
438 | classification system designated and identified with respect to |
439 | principals pursuant to Rule 1.2. |
440 | 1.7--Records Retention and Inspection and Complaint |
441 | Procedure |
442 | (1) Each lobbying firm and each principal shall preserve |
443 | for a period of 4 years all accounts, bills, receipts, computer |
444 | records, books, papers, and other documents and records |
445 | necessary to substantiate compensation reports. |
446 | (2) Upon receipt of a complaint based upon the personal |
447 | knowledge of the complainant made pursuant to the Senate Rules |
448 | or Rules of the House of Representatives, any such documents and |
449 | records may be inspected when authorized by the President of the |
450 | Senate or the Speaker of the House of Representatives, as |
451 | applicable. The person authorized to perform the inspection |
452 | shall be designated in writing and shall be a member of The |
453 | Florida Bar or a certified public accountant licensed in |
454 | Florida. Any information obtained by such an inspection may only |
455 | be used for purposes authorized by law, this Joint Rule One, |
456 | Senate Rules, or Rules of the House of Representatives, which |
457 | purposes may include the imposition of sanctions against a |
458 | person subject to this rule or Senate Rules or the Rules of the |
459 | House of Representatives. Any employee who uses that information |
460 | for an unauthorized purpose is subject to discipline. Any member |
461 | who uses that information for an unauthorized purpose is subject |
462 | to discipline under the applicable rules of each house. |
463 | (3) The right of inspection may be enforced by appropriate |
464 | writ issued by any court of competent jurisdiction. |
465 | 1.8--Questions Regarding Interpretation of this Joint Rule |
466 | One |
467 | (1) A person may request in writing an informal opinion |
468 | from the General Counsel of the Office of Legislative Services |
469 | as to the application of this Joint Rule One to a specific |
470 | situation. The General Counsel shall issue the opinion within 10 |
471 | days after receiving the request. The informal opinion may be |
472 | relied upon by the person who requested the informal opinion. A |
473 | copy of each informal opinion that is issued shall be provided |
474 | to the presiding officer of each house. A committee of either |
475 | house designated pursuant to section 11.045(5), Florida |
476 | Statutes, may revise any informal opinion rendered by the |
477 | General Counsel through an advisory opinion to the person who |
478 | requested the informal opinion. The advisory opinion shall |
479 | supersede the informal opinion as of the date the advisory |
480 | opinion is issued. |
481 | (2) Persons in doubt about the applicability or |
482 | interpretation of this Joint Rule One may submit in writing the |
483 | facts for an advisory opinion to the committee of either house |
484 | designated pursuant to section 11.045(5), Florida Statutes, and |
485 | may appear in person before the committee in accordance with |
486 | section 11.045(5), Florida Statutes. |
487 | 1.9--Effect of Readoption and Revision |
488 | All obligations existing under Joint Rule One as of the |
489 | last day of the previous legislative biennium are hereby |
490 | ratified, preserved, and reimposed pursuant to the terms thereof |
491 | as of that date. The provisions of Joint Rule One are imposed |
492 | retroactively to the first day of the present legislative |
493 | biennium except that provisions new to this revision are |
494 | effective on the date of adoption or as otherwise expressly |
495 | provided herein. |
496 | 1.9 Effect of Former Joint Rule One |
497 | Every fine and penalty finally due and owing on or before |
498 | December 31, 2005, under the Rules of the Senate or the House of |
499 | Representatives or under former Joint Rules 1.1-1.9, with no |
500 | appeal pending under such rules, is hereby ratified and |
501 | preserved and shall be collected as previously finally |
502 | determined. Every other obligation under former Joint Rule One, |
503 | rescinded upon adoption of this Joint Rule One, is hereby waived |
504 | and abolished. The obligations under Joint Rules 1.1, 1.2, and |
505 | 1.3 are to be enforced retroactively to January 1, 2006, |
506 | provided that substantial compliance with the provisions of |
507 | former Joint Rules 1.1, 1.2, and 1.3 on or before the effective |
508 | date of this Joint Rule One shall be deemed to be in compliance |
509 | with 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 |
514 | 72-hour public review period before a vote is taken on final |
515 | passage of the bill in the form that will be presented to the |
516 | Governor. |
517 | (2) If a bill is returned to the house in which the bill |
518 | originated and the originating house does not concur in all the |
519 | amendments or adds additional amendments, no further action |
520 | shall be taken on the bill by the nonoriginating house, and a |
521 | conference committee shall be established by operation of this |
522 | rule to consider the bill. |
523 | (3) If a bill is referred to a conference committee by |
524 | operation of this rule, a 72-hour public review period shall be |
525 | provided prior to a vote being taken on the conference committee |
526 | report by either house. |
527 | (4) A copy of the bill, a copy of the bill with amendments |
528 | adopted by the nonoriginating house, or the conference committee |
529 | report shall be furnished to each member of the Legislature, the |
530 | Governor, the Chief Justice of the Supreme Court, and each |
531 | member of the Cabinet. Copies for the Governor, Chief Justice |
532 | and members of the Cabinet shall be furnished to the official's |
533 | office in the Capitol or Supreme Court Building. A member's copy |
534 | shall be furnished to the member's desk in the appropriate |
535 | chamber. The Secretary of the Senate shall be responsible for |
536 | furnishing copies under this rule for Senate bills, House bills |
537 | as amended by the Senate, and conference committee reports on |
538 | Senate bills. The Clerk of the House shall be responsible for |
539 | furnishing copies under this rule for House bills, Senate bills |
540 | as amended by the House, and conference committee reports on |
541 | House bills. |
542 | (5) The 72-hour public review period shall begin to run |
543 | upon completion of the furnishing of copies required to be |
544 | provided herein. The Speaker of the House and the President of |
545 | the Senate, as appropriate, shall be informed of the completion |
546 | time and such time shall be announced on the floor prior to vote |
547 | on final passage in each house and shall be entered in the |
548 | journal of each house. Saturdays, Sundays, and holidays shall be |
549 | included in the computation under this rule. |
550 | 2.2--General Appropriations Bill; Definition |
551 | For the purposes of Joint Rule 2, the term "general |
552 | appropriations bill" means a bill which provides for the |
553 | salaries of public officers and other current expenses of the |
554 | state and contains no subject other than appropriations. A bill |
555 | which contains appropriations which are incidental and necessary |
556 | solely to implement a substantive law is not included within |
557 | this term. |
558 | JOINT RULE THREE |
559 | LEGISLATIVE SUPPORT SERVICES |
560 | 3.1--Organizational Structure |
561 | The Legislature shall be supported by the Office of |
562 | Legislative Services, the Office of Legislative Information |
563 | Technology Services, and the Office of Economic and Demographic |
564 | Research. These offices shall provide support services that are |
565 | determined by the President of the Senate and the Speaker of the |
566 | House of Representatives to be necessary and that can be |
567 | effectively provided jointly to both houses and other units of |
568 | the Legislature. Each office shall be directed by a coordinator |
569 | selected by the President of the Senate and the Speaker of the |
570 | House of Representatives. |
571 | (1) The Office of Legislative Services shall provide |
572 | legislative support services other than those prescribed in |
573 | subsections (2) and (3). The Division of Statutory Revision and |
574 | the Division of Legislative Information shall be two of the |
575 | divisions within the Office of Legislative Services. |
576 | (2) The Office of Legislative Information Technology |
577 | Services shall provide support services to assist the |
578 | Legislature in achieving its objectives through the application |
579 | of cost-effective information technology. |
580 | (3) The Office of Economic and Demographic Research shall |
581 | provide research support services, principally regarding |
582 | forecasting economic and social trends that affect policymaking, |
583 | revenue, and appropriations. |
584 | 3.2--Policies |
585 | The President of the Senate and the Speaker of the House of |
586 | Representatives shall jointly adopt policies they consider |
587 | advisable 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 |
592 | decennial census, the Legislative Auditing Committee shall |
593 | review the performance of the Auditor General and shall submit a |
594 | report to the Legislature which recommends whether the Auditor |
595 | General should continue to serve in office. |
596 | (2) The expenses of the members of the committee shall be |
597 | approved by the chair of the committee and paid from the |
598 | appropriation for legislative expense. |
599 | (3) The committee shall submit to the President of the |
600 | Senate and the Speaker of the House of Representatives, for |
601 | approval, an estimate of the financial needs of the committee, |
602 | the Auditor General, and the Office of Program Policy Analysis |
603 | and Government Accountability, and the Public Counsel. |
604 | (4) The committee and the units it oversees, including the |
605 | Auditor General, the Office of Program Policy Analysis and |
606 | Government Accountability, and the Public Counsel, shall submit |
607 | their budget requests and operating budgets to the President of |
608 | the Senate and the Speaker of the House of Representatives for |
609 | prior written approval by the presiding officers acting |
610 | together. |
611 | (5) The committee may receive requests for audits and |
612 | reviews from legislators. Staff of the committee shall review |
613 | each request and make a recommendation to the committee |
614 | concerning its disposition. The manner of disposition |
615 | recommended may be: |
616 | (a) Assignment to the Auditor General for inclusion in a |
617 | regularly scheduled agency audit; |
618 | (b) Assignment to the Auditor General for special audit or |
619 | review; |
620 | (c) Assignment to the Office of Program Policy Analysis |
621 | and Government Accountability for inclusion in a regularly |
622 | scheduled performance audit; |
623 | (d) Assignment to the Office of Program Policy Analysis |
624 | and Government Accountability for special audit or review; |
625 | (e) Assignment to committee staff; or |
626 | (f) Rejection as being an unnecessary or inappropriate |
627 | application of legislative resources. |
628 | (6) The committee may at any time, without regard to |
629 | whether the Legislature is in session, take under investigation |
630 | any matter within the scope of an audit either completed or then |
631 | being conducted by the Auditor General or the Office of Program |
632 | Policy Analysis and Government Accountability, and in connection |
633 | with such investigation may exercise the powers of subpoena by |
634 | law vested in a standing committee of the Legislature. |
635 | (7) The committee shall review the performance of the |
636 | director of the Office of Program Policy Analysis and Government |
637 | Accountability every 4 years and shall submit a report to the |
638 | Legislature recommending whether the director should be |
639 | reappointed. A vacancy in the office must be filled in the same |
640 | manner 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 |
645 | and regulations necessary to facilitate audits that he or she is |
646 | authorized to perform. |
647 | 5.2--Budget and accounting |
648 | (1) The Auditor General shall prepare and submit annually |
649 | to the President of the Senate and the Speaker of the House of |
650 | Representatives for their joint approval a proposed budget for |
651 | the ensuing fiscal year. |
652 | (2) Within the limitations of the approved operating |
653 | budget, the salaries and expenses of the Auditor General and the |
654 | staff of the Auditor General shall be paid from the |
655 | appropriation for legislative expense or any other moneys |
656 | appropriated by the Legislature for that purpose. The Auditor |
657 | General shall approve all bills for salaries and expenses for |
658 | his 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 |
661 | Governor, to the Comptroller, and to the officer or person in |
662 | charge of the state agency or political subdivision audited. One |
663 | copy shall be filed as a permanent public record in the office |
664 | of the Auditor General. In the case of county reports, one copy |
665 | of the report of each county office, school district, or other |
666 | district audited shall be submitted to the board of county |
667 | commissioners of the county in which the audit was made and |
668 | shall be filed in the office of the clerk of the circuit court |
669 | of that county as a public record. When an audit is made of the |
670 | records of the district school board, a copy of the audit report |
671 | shall also be filed with the district school board, and |
672 | thereupon such report shall become a part of the public records |
673 | of such board. |
674 | (2) A copy of each audit report shall be made available to |
675 | each member of the Legislative Auditing Committee. |
676 | (3) The Auditor General shall transmit a copy of each |
677 | audit report to the appropriate substantive and fiscal |
678 | committees of the Senate and House of Representatives. |
679 | (4) Other copies may be furnished to other persons who, as |
680 | in the opinion of the Auditor General, are directly interested |
681 | in the audit or who have a duty to perform in connection |
682 | therewith. |
683 | (5) The Auditor General shall transmit to the President of |
684 | the Senate and the Speaker of the House of Representatives, by |
685 | December 1 of each year, a list of statutory and fiscal changes |
686 | recommended by audit reports. The recommendations shall be |
687 | presented in two categories: one addressing substantive law and |
688 | policy issues and the other addressing budget issues. The |
689 | Auditor General may also transmit recommendations at other times |
690 | of the year when the information would be timely and useful for |
691 | the 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 |
697 | necessary to facilitate the studies, reviews, and reports that |
698 | the office is authorized to perform. |
699 | (2) The director shall prepare and submit annually to the |
700 | President of the Senate and the Speaker of the House of |
701 | Representatives for their joint approval the annual projected |
702 | work plan of the office in conjunction with a proposed operating |
703 | budget for the ensuing fiscal year. |
704 | (3) Within the monetary limitations of the approved |
705 | operating budget, the salaries and expenses of the director and |
706 | the staff of the Office of Program Policy Analysis and |
707 | Government Accountability shall be paid from the appropriation |
708 | for legislative expense or any other moneys appropriated by the |
709 | Legislature for that purpose. The director shall approve all |
710 | bills for salaries and expenses before the same shall be paid. |
711 | (4) Within the monetary limitations of the approved |
712 | operating budget, the director shall make all spending |
713 | decisions, including entering into contracts on behalf of the |
714 | Office of Program Policy Analysis and Government Accountability. |
715 | (5) The director shall transmit to the President of the |
716 | Senate and the Speaker of the House of Representatives, by |
717 | December 1 of each year, a list of statutory and fiscal changes |
718 | recommended by office reports. The recommendations shall be |
719 | presented in two categories: one addressing substantive law and |
720 | policy issues and the other addressing budget issues. The |
721 | director may also transmit recommendations at other times of the |
722 | year when the information would be timely and useful for the |
723 | Legislature. |
724 | JOINT RULE SEVEN |
725 | JOINT LEGISLATIVE BUDGET COMMISSION |
726 | 7.1--General Responsibilities |
727 | (1) The commission, as provided in chapter 216, Florida |
728 | Statutes, shall receive and review notices of budget and |
729 | personnel actions and proposed actions taken or to be taken by |
730 | the executive and judicial branches and shall approve or |
731 | disapprove such actions. |
732 | (2) Through the chairperson chairman, the commission shall |
733 | advise the Governor and the Chief Justice of actions or proposed |
734 | actions that exceed delegated authority or that are contrary to |
735 | legislative policy and intent. |
736 | (3) To the extent possible, the commission shall inform |
737 | members of the Legislature of budget amendments requested by the |
738 | executive or judicial branches. |
739 | (4) The commission shall consult with the Chief Financial |
740 | Officer Comptroller and the Executive Office of the Governor on |
741 | matters as required by chapter 216, Florida Statutes. |
742 | (5) The President of the Senate and the Speaker of the |
743 | House of Representatives may jointly assign other |
744 | responsibilities to the commission in addition to those assigned |
745 | by law. |
746 | (6) The commission shall develop policies and procedures |
747 | necessary to carry out its assigned responsibilities. |
748 | (7) The commission, with the approval of the President of |
749 | the Senate and the Speaker of the House of Representatives, may |
750 | appoint subcommittees as necessary to facilitate its work. |
751 | 7.2--Zero-based Budgeting |
752 | (1) The commission shall develop a schedule and apply |
753 | zero-based budgeting principles in reviewing the budget of each |
754 | state agency at least once every 8 years. |
755 | (2) By July 1 of each year, the commission shall issue |
756 | instructions to the agencies whose budgets are to be reviewed |
757 | prior to the next legislative session. |
758 | (3) The commission shall provide these reviews to the |
759 | President of the Senate and the Speaker of the House of |
760 | Representatives by December 31 of the year in which they are |
761 | completed. |
762 | (4) By February 1, 2001, the commission shall provide to |
763 | the President of the Senate and the Speaker of the House of |
764 | Representatives a schedule for completing zero-based budgeting |
765 | reviews 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 |
768 | the Senate appointed by the President of the Senate and seven |
769 | members of the House of Representatives appointed by the Speaker |
770 | of the House of Representatives. The appointees shall include |
771 | the chairman of the Fiscal Responsibility Council in the House |
772 | of Representatives and the chairman of the Committee on |
773 | Appropriations in the Senate. |
774 | (2) The members of the commission shall elect a chairman |
775 | and a vice chairman. In even-numbered years, a Senator shall be |
776 | chairman and a House member vice chairman. In odd-numbered |
777 | years, a House member shall be chairman and a Senator vice |
778 | chairman. |
779 | (3) The commission shall meet at least quarterly and more |
780 | frequently at the direction of the presiding officers or the |
781 | chairman. Meetings may be conducted through teleconferences or |
782 | other electronic means. |
783 | (4) A quorum shall consist of a majority of the commission |
784 | members of each house plus one additional member of the |
785 | commission. |
786 | (5) Action by the commission shall require a majority vote |
787 | of the members present of each house. |
788 | (2)(6) The commission shall be jointly staffed by the |
789 | appropriations committees of both houses. During even-numbered |
790 | years, The Senate shall provide the lead staff when the |
791 | chairperson is a Senator. During odd-numbered years, The House |
792 | of Representatives shall provide the lead staff when the |
793 | chairperson 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, |
796 | a notice of the meeting, stating the items to be considered, |
797 | date, time, and place, shall be filed with the Secretary of the |
798 | Senate when the chairperson chairman is a Senator or with the |
799 | Chief Clerk of the House of Representatives when the chairperson |
800 | chairman is a Representative. The Secretary or the Chief Clerk |
801 | shall distribute notice to the Legislature and the public, |
802 | consistent with the rules and policies of their respective |
803 | houses. |
804 | 7.4--Effect of Adoption; Intent |
805 | This Joint Rule Seven replaces all prior joint rules |
806 | governing the Joint Legislative Budget Commission and is |
807 | intended to implement constitutional provisions relating to the |
808 | Joint Legislative Budget Commission existing as of the date of |
809 | the 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 |
814 | amendments thereto, shall continue in effect from session to |
815 | session or Legislature to Legislature until repealed by |
816 | concurrent 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 |
821 | A concurrent resolution adopting the Joint Rules of the |
822 | Florida Legislature and amending Joint Rule One, relating |
823 | to lobbyist registration and compensation reporting, and |
824 | Joint Rule Seven, relating to the organization and duties |
825 | of the Legislative Budget Commission. |
826 |
|
827 | WHEREAS, chapter 2005-359, Laws of Florida, established |
828 | lobbyist compensation reporting, and further provided for |
829 | electronic filing of compensation reports and other information |
830 | effective April 1, 2007, and |
831 | WHEREAS, in the 2006 general election, the electors of |
832 | Florida amended Section 19 of Article III of the Constitution of |
833 | Florida to create within the Legislature the Joint Legislative |
834 | Budget Commission, and |
835 | WHEREAS, Section 19, as so amended, provides that the Joint |
836 | Legislative Budget Commission shall be governed by the Joint |
837 | Rules of the Senate and the House of Representatives, NOW, |
838 | THEREFORE, |