Florida Senate - 2011 SCR 1202 By Senator Thrasher 8-01918-11 20111202__ 1 Senate Concurrent Resolution 2 A concurrent resolution establishing the Joint Rules 3 of the Florida Legislature for the 2010-2012 term. 4 5 Be It Resolved by the Senate of the State of Florida, the House 6 of Representatives Concurring: 7 8 That the following joint rules shall govern the Florida 9 Legislature for the 2010-2012 term: 10 11 JOINT RULES 12 13 Joint Rule One—Lobbyist Registration and Compensation Reporting 14 15 1.1—Those Required to Register; Exemptions; Committee Appearance 16 Records 17 (1) All lobbyists before the Florida Legislature must 18 register with the Lobbyist Registration Office in the Division 19 of Legislative Information Services of the Office of Legislative 20 Services. Registration is required for each principal 21 represented. 22 (2) As used in Joint Rule One, unless the context otherwise 23 requires, the term: 24 (a) “Compensation” means payment, distribution, loan, 25 advance, reimbursement, deposit, salary, fee, retainer, or 26 anything of value provided or owed to a lobbying firm, directly 27 or indirectly, by a principal for any lobbying activity. 28 (b) “Division” means the Division of Legislative 29 Information Services within the Office of Legislative Services. 30 (c) “Legislative action” means introduction, sponsorship, 31 testimony, debate, voting, or any other official action on any 32 measure, resolution, amendment, nomination, appointment, or 33 report of, or any matter that may be the subject of action by, 34 either house of the Legislature or any committee thereof. 35 (d) “Lobby” or “lobbying” means influencing or attempting 36 to influence legislative action or nonaction through oral or 37 written communication or an attempt to obtain the goodwill of a 38 member or employee of the Legislature. 39 (e) “Lobbying firm” means any business entity, including an 40 individual contract lobbyist, that receives or becomes entitled 41 to receive any compensation for the purpose of lobbying and 42 where any partner, owner, officer, or employee of the business 43 entity is a lobbyist. “Lobbying firm” does not include an entity 44 that has employees who are lobbyists if the entity does not 45 derive compensation from principals for lobbying or if such 46 compensation is received exclusively from a subsidiary or 47 affiliate corporation of the employer. As used in this 48 paragraph, an affiliate corporation is a corporation that 49 directly or indirectly shares the same ultimate parent 50 corporation as the employer and does not receive compensation 51 for lobbying from any unaffiliated entity. 52 (f) “Lobbyist” means a person who is employed and receives 53 payment, or who contracts for economic consideration, for the 54 purpose of lobbying or a person who is principally employed for 55 governmental affairs by another person or governmental entity to 56 lobby on behalf of that other person or governmental entity. An 57 employee of the principal is not a “lobbyist” unless the 58 employee is principally employed for governmental affairs. 59 “Principally employed for governmental affairs” means that one 60 of the principal or most significant responsibilities of the 61 employee to the employer is overseeing the employer’s various 62 relationships with government or representing the employer in 63 its contacts with government. Any person employed by the 64 Governor, the Executive Office of the Governor, or any executive 65 or judicial department of the state or any community college of 66 the state who seeks to encourage the passage, defeat, or 67 modification of any legislation by personal appearance or 68 attendance before the House of Representatives or the Senate, or 69 any member or committee thereof, is a lobbyist. 70 (g) “Payment” or “salary” means wages or any other 71 consideration provided in exchange for services but does not 72 include reimbursement for expenses. 73 (h) “Principal” means the person, firm, corporation, or 74 other entity that has employed or retained a lobbyist. When an 75 association has employed or retained a lobbyist, the association 76 is the principal; the individual members of the association are 77 not principals merely because of their membership in the 78 association. 79 (i) “Unusual circumstances,” with respect to any failure of 80 a person to satisfy a filing requirement, means uncommon, rare, 81 or sudden events over which the person has no control and which 82 directly result in the failure to satisfy the filing 83 requirement. 84 (3) For purposes of this rule, the terms “lobby” and 85 “lobbying” do not include any of the following: 86 (a) Response to an inquiry for information made by any 87 member, committee, or staff of the Legislature. 88 (b) An appearance in response to a legislative subpoena. 89 (c) Advice or services that arise out of a contractual 90 obligation with the Legislature, a member, a committee, any 91 staff, or any legislative entity to render the advice or 92 services where such obligation is fulfilled through the use of 93 public funds. 94 (d) Representation of a client before the House of 95 Representatives or the Senate, or any member or committee 96 thereof, when the client is subject to disciplinary action by 97 the House of Representatives or the Senate, or any member or 98 committee thereof. 99 (4) For purposes of registration and reporting, the term 100 “lobbyist” does not include any of the following: 101 (a) A member of the Legislature. 102 (b) A person who is employed by the Legislature. 103 (c) A judge who is acting in that judge’s official 104 capacity. 105 (d) A person who is a state officer holding elective office 106 or an officer of a political subdivision of the state holding 107 elective office and who is acting in that officer’s official 108 capacity. 109 (e) A person who appears as a witness or for the purpose of 110 providing information at the written request of the chair of a 111 committee, subcommittee, or legislative delegation. 112 (f) A person employed by any executive or judicial 113 department of the state or any community college of the state 114 who makes a personal appearance or attendance before the House 115 of Representatives or the Senate, or any member or committee 116 thereof, while that person is on approved leave or outside 117 normal working hours and who does not otherwise meet the 118 definition of lobbyist. 119 (5) When a person, regardless of whether the person is 120 registered as a lobbyist, appears before a committee of the 121 Legislature, that person must submit a Committee Appearance 122 Record as required by the respective house. 123 (6) The responsibilities of the division and of the 124 Lobbyist Registration Office under Joint Rule One may be 125 assigned to another entity by agreement of the President of the 126 Senate and the Speaker of the House of Representatives for a 127 contract period not to extend beyond December 1 following the 128 Organization Session of the next biennium, provided that the 129 powers and duties of the President, the Speaker, the General 130 Counsel of the Office of Legislative Services, and any 131 legislative committee referenced in Joint Rule One may not be 132 delegated. 133 134 1.2—Method of Registration 135 (1) Each person who is required to register must register 136 on forms furnished by the Lobbyist Registration Office, on which 137 that person must state, under oath, that person’s full legal 138 name, business address, and telephone number, the name and 139 business address of each principal that person represents, and 140 the extent of any direct business association or partnership 141 that person has with any member of the Legislature. In addition, 142 if the lobbyist is a partner, owner, officer, or employee of a 143 lobbying firm, the lobbyist must state the name, address, and 144 telephone number of each lobbying firm to which the lobbyist 145 belongs. The Lobbyist Registration Office or its designee is 146 authorized to acknowledge the oath of any person who registers 147 in person. Any changes to the information provided in the 148 registration form must be reported to the Lobbyist Registration 149 Office in writing within 15 days on forms furnished by the 150 Lobbyist Registration Office. 151 (2) Any person required to register must do so with respect 152 to each principal prior to commencement of lobbying on behalf of 153 that principal. At the time of registration, the registrant 154 shall provide a statement on a form provided by the Lobbyist 155 Registration Office, signed by the principal or principal’s 156 representative, that the registrant is authorized to represent 157 the principal. On the authorization statement, the principal or 158 principal’s representative shall also identify and designate the 159 principal’s main business pursuant to a classification system 160 approved by the Office of Legislative Services that shall be the 161 North American Industry Classification System (NAICS) six-digit 162 numerical code that most accurately describes the principal’s 163 main business. 164 (3) Any person required to register must renew the 165 registration annually for each calendar year. 166 (4) A lobbyist shall promptly send a notice to the Lobbyist 167 Registration Office, on forms furnished by the Lobbyist 168 Registration Office, canceling the registration for a principal 169 upon termination of the lobbyist’s representation of that 170 principal. A notice of cancellation takes effect the day it is 171 received by the Lobbyist Registration Office. Notwithstanding 172 this requirement, the Lobbyist Registration Office may remove 173 the name of a lobbyist from the list of registered lobbyists if 174 the principal notifies the Lobbyist Registration Office that the 175 lobbyist is no longer authorized to represent that principal. 176 (5) The Lobbyist Registration Office shall retain all 177 original registration documents submitted under this rule. 178 (6) A person who is required to register under Joint Rule 179 One, or who chooses to register, shall be considered a lobbyist 180 of the Legislature for the purposes of ss. 11.045, 112.3148, and 181 112.3149, Florida Statutes. 182 183 1.3—Registration Costs; Exemptions 184 (1) To cover the costs incurred in administering Joint Rule 185 One, each person who registers under Joint Rule 1.1 must pay an 186 annual registration fee to the Lobbyist Registration Office. The 187 annual period runs from January 1 to December 31. These fees 188 must be paid at the time of registration. 189 (2) The following persons are exempt from paying the fee, 190 provided they are designated in writing by the agency head or 191 person designated in this subsection: 192 (a) Two employees of each department of the executive 193 branch created under chapter 20, Florida Statutes. 194 (b) Two employees of the Fish and Wildlife Conservation 195 Commission. 196 (c) Two employees of the Executive Office of the Governor. 197 (d) Two employees of the Commission on Ethics. 198 (e) Two employees of the Florida Public Service Commission. 199 (f) Two employees of the judicial branch designated in 200 writing by the Chief Justice of the Florida Supreme Court. 201 (3) The annual fee is up to $50 per each house for a person 202 to register to represent one principal and up to an additional 203 $10 per house for each additional principal that the person 204 registers to represent. The amount of each fee shall be 205 established annually by the President of the Senate and the 206 Speaker of the House of Representatives. The fees set shall be 207 adequate to ensure operation of the lobbyist registration and 208 reporting operations of the Lobbyist Registration Office. The 209 fees collected by the Lobbyist Registration Office under this 210 rule shall be deposited in the State Treasury and credited to 211 the Legislative Lobbyist Registration Trust Fund specifically to 212 cover the costs incurred in administering Joint Rule One. 213 214 1.4—Reporting of Lobbying Firm Compensation 215 (1)(a) Each lobbying firm shall file a compensation report 216 with the division for each calendar quarter during any portion 217 of which one or more of the firm’s lobbyists were registered to 218 represent a principal. The report shall include the: 219 1. Full name, business address, and telephone number of the 220 lobbying firm; 221 2. Registration name of each of the firm’s lobbyists; and 222 3. Total compensation provided or owed to the lobbying firm 223 from all principals for the reporting period, reported in one of 224 the following categories: $0; $1 to $49,999; $50,000 to $99,999; 225 $100,000 to $249,999; $250,000 to $499,999; $500,000 to 226 $999,999; or $1 million or more. 227 (b) For each principal represented by one or more of the 228 firm’s lobbyists, the lobbying firm’s compensation report shall 229 also include the: 230 1. Full name, business address, and telephone number of the 231 principal; and 232 2. Total compensation provided or owed to the lobbying firm 233 for the reporting period, reported in one of the following 234 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to 235 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or 236 more. If the category “$50,000 or more” is selected, the 237 specific dollar amount of compensation must be reported, rounded 238 up or down to the nearest $1,000. 239 (c) If the lobbying firm subcontracts work from another 240 lobbying firm and not from the original principal: 241 1. The lobbying firm providing the work to be subcontracted 242 shall be treated as the reporting lobbying firm’s principal for 243 reporting purposes under this paragraph; and 244 2. The reporting lobbying firm shall, for each lobbying 245 firm identified as the reporting lobbying firm’s principal under 246 paragraph (b), identify the name and address of the principal 247 originating the lobbying work. 248 (d) The senior partner, officer, or owner of the lobbying 249 firm shall certify to the veracity and completeness of the 250 information submitted pursuant to this rule; certify that no 251 compensation has been omitted from this report by deeming such 252 compensation as “consulting services,” “media services,” 253 “professional services,” or anything other than compensation; 254 and certify that no officer or employee of the firm has made an 255 expenditure in violation of s. 11.045, Florida Statutes, as 256 amended by chapter 2005-359, Laws of Florida. 257 (2) For each principal represented by more than one 258 lobbying firm, the division shall aggregate the reporting-period 259 and calendar-year compensation reported as provided or owed by 260 the principal. Compensation reported within a category shall be 261 aggregated as follows: 262 Category (dollars) Dollar amount to use aggregating 263 0 0 264 1-9,999 5,000 265 10,000-19,999 15,000 266 20,000-29,999 25,000 267 30,000–39,999 35,000 268 40,000-49,999 45,000 269 50,000 or more Actual amount reported 270 (3) The reporting statements shall be filed no later than 271 45 days after the end of each reporting period. The four 272 reporting periods are from January 1 through March 31, April 1 273 through June 30, July 1 through September 30, and October 1 274 through December 31, respectively. The statements shall be 275 rendered in the identical form provided by the respective houses 276 and shall be open to public inspection. Reporting statements 277 shall be filed by electronic means through the electronic filing 278 system developed by the division, conforming to subsection (4). 279 (4) The electronic filing system for compensation reporting 280 shall include the following: 281 (a) As used in this rule, the term “electronic filing 282 system” means an Internet system for recording and reporting 283 lobbying compensation and other required information by 284 reporting period. 285 (b) A report filed pursuant to this rule must be completed 286 and filed through the electronic filing system not later than 287 11:59 p.m. of the day designated in subsection (3). A report not 288 filed by 11:59 p.m. of the day designated is a late-filed report 289 and is subject to the penalties under Joint Rule 1.5(1). 290 (c) Each person given secure sign-on credentials to file 291 via the electronic filing system is responsible for protecting 292 the credentials from disclosure and is responsible for all 293 filings made by use of such credentials, unless and until the 294 division is notified that the person’s credentials have been 295 compromised. Each report filed by electronic means pursuant to 296 this rule shall be deemed certified in accordance with paragraph 297 (1)(d) by the person given the secure sign-on credentials and, 298 as such, subjects the person and the lobbying firm to the 299 provisions of s. 11.045(8), Florida Statutes, as well as any 300 discipline provided under the rules of the Senate or House of 301 Representatives. 302 (d) The electronic filing system shall: 303 1. Be based on access by means of the Internet. 304 2. Be accessible by anyone with Internet access using 305 standard web-browsing software. 306 3. Provide for direct entry of compensation-report 307 information as well as upload of such information from software 308 authorized by the division. 309 4. Provide a method that prevents unauthorized access to 310 electronic filing system functions. 311 5. Provide for the issuance of an electronic receipt to the 312 person submitting the report indicating and verifying the date 313 and time that the report was filed. 314 (5) The division shall provide reasonable public notice of 315 the electronic filing procedures and of any significant changes 316 in such procedures. If, whenever they deem it necessary, the 317 President of the Senate and the Speaker of the House of 318 Representatives jointly declare the electronic system not to be 319 operable, the reports shall be filed in the manner required 320 prior to April 1, 2007, as provided by House Concurrent 321 Resolution 7011 (2007), enrolled, unless the President of the 322 Senate and the Speaker of the House of Representatives direct 323 use of an alternate means of reporting. The division shall 324 develop and maintain such alternative means as may be 325 practicable. Public notice of changes in filing procedures and 326 any declaration or direction of the President of the Senate and 327 the Speaker of the House of Representatives may be provided by 328 publication for a continuous period of reasonable time on one or 329 more Internet websites maintained by the Senate and the House of 330 Representatives. 331 332 1.5—Failure to File Timely Compensation Report; Notice and 333 Assessment of Fines; Appeals 334 (1) Upon determining that the report is late, the person 335 designated to review the timeliness of reports shall immediately 336 notify the lobbying firm as to the failure to timely file the 337 report and that a fine is being assessed for each late day. The 338 fine shall be $50 per day per report for each late day, not to 339 exceed $5,000 per report. 340 (2) Upon receipt of the report, the person designated to 341 review the timeliness of reports shall determine the amount of 342 the fine based on when the report is actually received by the 343 division or when the electronic receipt issued by the electronic 344 filing system is dated, whichever is earlier. 345 (3) Such fine shall be paid within 30 days after the notice 346 of payment due is transmitted by the person designated to review 347 the timeliness of reports, unless appeal is made to the 348 division. The moneys shall be deposited into the Legislative 349 Lobbyist Registration Trust Fund. 350 (4) A fine shall not be assessed against a lobbying firm 351 the first time the report for which the lobbying firm is 352 responsible is not timely filed. However, to receive the one 353 time fine waiver, the report for which the lobbying firm is 354 responsible must be filed within 30 days after notice that the 355 report has not been timely filed is transmitted by the person 356 designated to review the timeliness of reports. A fine shall be 357 assessed for any subsequent late-filed reports. 358 (5) Any lobbying firm may appeal or dispute a fine, based 359 upon unusual circumstances surrounding the failure to file on 360 the designated due date, and may request and shall be entitled 361 to a hearing before the General Counsel of the Office of 362 Legislative Services, who shall recommend to the President of 363 the Senate and the Speaker of the House of Representatives, or 364 their respective designees, that the fine be waived in whole or 365 in part for good cause shown. The President of the Senate and 366 the Speaker of the House of Representatives, or their respective 367 designees, may by joint agreement concur in the recommendation 368 and waive the fine in whole or in part. Any such request shall 369 be made within 30 days after the notice of payment due is 370 transmitted by the person designated to review the timeliness of 371 reports. In such case, the lobbying firm shall, within the 30 372 day period, notify the person designated to review the 373 timeliness of reports in writing of his or her intention to 374 request a hearing. 375 (6) A lobbying firm may request that the filing of a report 376 be waived upon good cause shown, based on unusual circumstances. 377 The request must be filed with the General Counsel of the Office 378 of Legislative Services, who shall make a recommendation 379 concerning the waiver request to the President of the Senate and 380 the Speaker of the House of Representatives. The President of 381 the Senate and the Speaker of the House of Representatives may, 382 by joint agreement, grant or deny the request. 383 (7)(a) All lobbyist registrations for lobbyists who are 384 partners, owners, officers, or employees of a lobbying firm that 385 fails to timely pay a fine are automatically suspended until the 386 fine is paid or waived and all late reports have been filed or 387 waived. The division shall promptly notify all affected 388 principals, the President of the Senate, and the Speaker of the 389 House of Representatives of any suspension or reinstatement. All 390 lobbyists who are partners, owners, officers, or employees of a 391 lobbying firm are jointly and severally liable for any 392 outstanding fine owed by a lobbying firm. 393 (b) No such lobbyist may be reinstated in any capacity 394 representing any principal until the fine is paid and all late 395 reports have been filed or waived or until the fine is waived as 396 to that lobbyist and all late reports for that lobbyist have 397 been filed or waived. A suspended lobbyist may request a waiver 398 upon good cause shown, based on unusual circumstances. The 399 request must be filed with the General Counsel of the Office of 400 Legislative Services who shall, as soon as practicable, make a 401 recommendation concerning the waiver request to the President of 402 the Senate and the Speaker of the House of Representatives. The 403 President of the Senate and the Speaker of the House of 404 Representatives may, by joint agreement, grant or deny the 405 request. 406 (8) The person designated to review the timeliness of 407 reports shall notify the director of the division of the failure 408 of a lobbying firm to file a report after notice or of the 409 failure of a lobbying firm to pay the fine imposed. 410 411 1.6—Open Records; Internet Publication of Registrations and 412 Compensation Reports 413 (1) All of the lobbyist registration forms and compensation 414 reports received by the Lobbyist Registration Office shall be 415 available for public inspection and for duplication at 416 reasonable cost. 417 (2) The division shall make information filed pursuant to 418 Joint Rules 1.2 and 1.4 reasonably available on the Internet in 419 an easily understandable and accessible format. The Internet 420 website shall include, but not be limited to, the names and 421 business addresses of lobbyists, lobbying firms, and principals, 422 the affiliations between lobbyists and principals, and the 423 classification system designated and identified with respect to 424 principals pursuant to Joint Rule 1.2. 425 426 1.7—Records Retention and Inspection and Complaint Procedure 427 (1) Each lobbying firm and each principal shall preserve 428 for a period of 4 years all accounts, bills, receipts, computer 429 records, books, papers, and other documents and records 430 necessary to substantiate compensation reports. 431 (2) Upon receipt of a complaint based upon the personal 432 knowledge of the complainant made pursuant to the Senate Rules 433 or Rules of the House of Representatives, any such documents and 434 records may be inspected when authorized by the President of the 435 Senate or the Speaker of the House of Representatives, as 436 applicable. The person authorized to perform the inspection 437 shall be designated in writing and shall be a member of The 438 Florida Bar or a certified public accountant licensed in 439 Florida. Any information obtained by such an inspection may only 440 be used for purposes authorized by law, this Joint Rule One, 441 Senate Rules, or Rules of the House of Representatives, which 442 purposes may include the imposition of sanctions against a 443 person subject to Joint Rule One, the Senate Rules, or the Rules 444 of the House of Representatives. Any employee who uses that 445 information for an unauthorized purpose is subject to 446 discipline. Any member who uses that information for an 447 unauthorized purpose is subject to discipline under the 448 applicable rules of each house. 449 (3) The right of inspection may be enforced by appropriate 450 writ issued by any court of competent jurisdiction. 451 452 1.8—Questions Regarding Interpretation of this Joint Rule One 453 (1) A person may request in writing an informal opinion 454 from the General Counsel of the Office of Legislative Services 455 as to the application of this Joint Rule One to a specific 456 situation involving that person’s conduct. The General Counsel 457 shall issue the opinion within 10 days after receiving the 458 request. The informal opinion may be relied upon by the person 459 who requested the informal opinion. A copy of each informal 460 opinion that is issued shall be provided to the presiding 461 officer of each house. A committee of either house designated 462 pursuant to s. 11.045(5), Florida Statutes, may revise any 463 informal opinion rendered by the General Counsel through an 464 advisory opinion to the person who requested the informal 465 opinion. The advisory opinion shall supersede the informal 466 opinion as of the date the advisory opinion is issued. 467 (2) A person in doubt about the applicability or 468 interpretation of this Joint Rule One with respect to that 469 person’s conduct may submit in writing the facts for an advisory 470 opinion to the committee of either house designated pursuant to 471 section 11.045(5), Florida Statutes, and may appear in person 472 before the committee in accordance with s. 11.045(5), Florida 473 Statutes. 474 475 1.9—Effect of Readoption and Revision 476 All obligations existing under Joint Rule One as of the last day 477 of the previous legislative biennium are hereby ratified, 478 preserved, and reimposed pursuant to the terms thereof as of 479 that date. The provisions of Joint Rule One are imposed 480 retroactively to the first day of the present legislative 481 biennium except that provisions new to this revision are 482 effective on the date of adoption or as otherwise expressly 483 provided herein. 484 485 Joint Rule Two—General Appropriations Review Period 486 487 2.1—General Appropriations and Related Bills; Review Periods 488 (1) A general appropriations bill shall be subject to a 72 489 hour public review period before a vote is taken on final 490 passage of the bill in the form that will be presented to the 491 Governor. 492 (2) If a bill is returned to the house in which the bill 493 originated and the originating house does not concur in all the 494 amendments or adds additional amendments, no further action 495 shall be taken on the bill by the nonoriginating house, and a 496 conference committee shall be established by operation of this 497 rule to consider the bill. 498 (3) If a bill is referred to a conference committee by 499 operation of this rule, a 72-hour public review period shall be 500 provided prior to a vote being taken on the conference committee 501 report by either house. 502 (4) A copy of the bill, a copy of the bill with amendments 503 adopted by the nonoriginating house, or the conference committee 504 report shall be furnished to each member of the Legislature, the 505 Governor, the Chief Justice of the Supreme Court, and each 506 member of the Cabinet. Copies for the Governor, Chief Justice, 507 and members of the Cabinet shall be furnished to the official’s 508 office in the Capitol or Supreme Court Building. 509 (5)(a) Copies required to be furnished under subsection (4) 510 shall be furnished to members of the Legislature as follows: 511 1. A printed copy may be placed on each member’s desk in 512 the appropriate chamber; or 513 2. An electronic copy may be furnished to each member. The 514 Legislature hereby deems and determines that a copy shall have 515 been furnished to the members of the Legislature when an 516 electronic copy is made available to every member of the 517 Legislature. An electronic copy is deemed to have been made 518 available when it is accessible via the Internet or other 519 information network consisting of systems ordinarily serving the 520 members of the Senate or the House of Representatives. 521 (b) An official other than a member of the Legislature who 522 is to be furnished a copy of a general appropriations bill under 523 subsection (4) may officially request that an electronic copy of 524 the bill be furnished in lieu of a printed copy, and, if 525 practicable, the copy may be furnished to the official in the 526 manner requested. 527 (6) The Secretary of the Senate shall be responsible for 528 furnishing copies under this rule for Senate bills, House bills 529 as amended by the Senate, and conference committee reports on 530 Senate bills. The Clerk of the House shall be responsible for 531 furnishing copies under this rule for House bills, Senate bills 532 as amended by the House, and conference committee reports on 533 House bills. 534 (7) The 72-hour public review period shall begin to run 535 upon completion of the furnishing of copies required to be 536 furnished under subsection (4). The Speaker of the House of 537 Representatives and the President of the Senate, as appropriate, 538 shall be informed of the completion time, and such time shall be 539 announced on the floor prior to vote on final passage in each 540 house and shall be entered in the journal of each house. 541 Saturdays, Sundays, and holidays shall be included in the 542 computation under this rule. 543 (8) An implementing or conforming bill recommended by a 544 conference committee shall be subject to a 24-hour public review 545 period before a vote is taken on the conference committee report 546 by either house, if the conference committee submits its report 547 after the furnishing of a general appropriations bill to which 548 the 72-hour public review period applies. 549 (9) With respect to each bill that may be affected, a 550 member of the Senate or the House of Representatives may not 551 raise a point of order under this rule after a vote is taken on 552 the bill. Except as may be required by the Florida Constitution, 553 noncompliance with any requirement of this rule may be waived by 554 a two-thirds vote of those members present and voting in each 555 house. 556 557 2.2—General Appropriations and Related Bills; Definitions 558 As used in Joint Rule Two, the term: 559 (1) “Conforming bill” means a bill that amends the Florida 560 Statutes to conform to a general appropriations bill. 561 (2) “General appropriations bill” means a bill that 562 provides for the salaries of public officers and other current 563 expenses of the state and contains no subject other than 564 appropriations. A bill that contains appropriations that are 565 incidental and necessary solely to implement a substantive law 566 is not included within this term. For the purposes of Joint Rule 567 Two and Section 19(d) of Article III of the Florida 568 Constitution, the Legislature hereby determines that, after a 569 general appropriations bill has been enacted and establishes 570 governing law for a particular fiscal year, a bill considered in 571 any subsequent session that makes net reductions in such enacted 572 appropriations or that makes supplemental appropriations shall 573 not be deemed to be a general appropriations bill unless such 574 bill provides for the salaries of public officers and other 575 current expenses of the state for a subsequent fiscal year. 576 (3) “Implementing bill” means a bill, effective for one 577 fiscal year, implementing a general appropriations bill. 578 579 Joint Rule Three—Joint Offices and Policies 580 581 3.1—Joint Legislative Offices 582 (1) The following offices of the Legislature are 583 established: 584 (a) Office of Economic and Demographic Research. 585 (b) Office of Legislative Information Technology Services. 586 (c) Office of Legislative Services. 587 (d) Office of Program Policy Analysis and Government 588 Accountability. 589 (2) Offices established under this rule shall provide 590 support services to the Legislature that are determined by the 591 President of the Senate and the Speaker of the House of 592 Representatives to be necessary and that can be effectively 593 provided jointly to both houses and other units of the 594 Legislature. Each office shall be directed by a coordinator 595 selected by and serving at the pleasure of the President of the 596 Senate and the Speaker of the House of Representatives. Upon the 597 initial adoption of these joint rules in a biennium, each 598 coordinator position shall be deemed vacant until an appointment 599 is made. 600 (3) Within the monetary limitations of the approved 601 operating budget, the salaries and expenses of the coordinator 602 and the staff of each office shall be governed by joint 603 policies. 604 (4) The Office of Legislative Services shall provide 605 legislative support services other than those prescribed in 606 subsections (5)-(7). The Division of Statutory Revision and the 607 Division of Legislative Information shall be two of the 608 divisions within the Office of Legislative Services. 609 (5) The Office of Legislative Information Technology 610 Services shall provide support services to assist the 611 Legislature in achieving its objectives through the application 612 of cost-effective information technology. 613 (6) The Office of Economic and Demographic Research shall 614 provide research support services, principally regarding 615 forecasting economic and social trends that affect policymaking, 616 revenues, and appropriations. 617 (7) The Office of Program Policy Analysis and Government 618 Accountability shall: 619 (a) Perform independent examinations, program reviews, and 620 other projects as provided by general law, as provided by 621 concurrent resolution, as directed by the Legislative Auditing 622 Committee, or as directed by the President of the Senate or the 623 Speaker of the House and shall provide recommendations, 624 training, or other services to assist the Legislature. 625 (b) Transmit to the President of the Senate and the Speaker 626 of the House of Representatives, by December 1 of each year, a 627 list of statutory and fiscal changes recommended by office 628 reports. The recommendations shall be presented in two 629 categories: one addressing substantive law and policy issues and 630 the other addressing budget issues. 631 632 3.2—Joint Policies 633 (1) The President of the Senate and the Speaker of the 634 House of Representatives shall jointly adopt policies they 635 consider advisable to carry out the functions of the 636 Legislature. Such policies shall be binding on all employees of 637 joint offices and joint committees. 638 (2) The employees of all joint committees and joint 639 legislative offices shall be under the exclusive control of the 640 Legislature. No officer or agency in the executive or judicial 641 branch shall exercise any manner of control over legislative 642 employees with respect to the exercise of their duties or the 643 terms and conditions of their employment. 644 645 Joint Rule Four—Joint Committees 646 647 4.1—Standing Joint Committees 648 (1) The following standing joint committees are 649 established: 650 (a) Administrative Procedures Committee. 651 (b) Committee on Public Counsel Oversight. 652 (c) Legislative Auditing Committee. 653 (2) No other joint committee shall exist except as agreed 654 to by the presiding officers or by concurrent resolution 655 approved by the Senate and the House of Representatives. 656 (3) Appointments to each standing joint committee shall be 657 made or altered and vacancies shall be filled by the Senate and 658 the House of Representatives in accordance with their respective 659 rules. There shall be appointed to each standing joint committee 660 no fewer than five and no more than seven members from each 661 house. 662 (4)(a) The President of the Senate shall appoint a member 663 of the Senate to serve as the chair, and the Speaker of the 664 House of Representatives shall appoint a member of the House of 665 Representatives to serve as the vice chair for: 666 1. The Legislative Auditing Committee and the Committee on 667 Public Counsel Oversight, for the period from the Organization 668 Session until noon on December 1 of the calendar year following 669 the general election. 670 2. The Administrative Procedures Committee for the period 671 from noon on December 1 of the calendar year following the 672 general election until the next general election. 673 (b) The Speaker of the House of Representatives shall 674 appoint a member of the House of Representatives to serve as the 675 chair, and the President of the Senate shall appoint a member of 676 the Senate to serve as the vice chair for: 677 1. The Legislative Auditing Committee and the Committee on 678 Public Counsel Oversight, for the period from noon on December 1 679 of the calendar year following the general election until the 680 next general election. 681 2. The Administrative Procedures Committee for the period 682 from the Organization Session until noon on December 1 of the 683 calendar year following the general election. 684 (c) A vacancy in an appointed chair or vice chair shall be 685 filled in the same manner as the original appointment. 686 687 4.2—Procedures in Joint Committees 688 The following rules shall govern procedures in joint committees 689 other than conference committees: 690 (1) A quorum for a joint committee shall be a majority of 691 the appointees of each house. No business of any type may be 692 conducted in the absence of a quorum. 693 (2)(a) Joint committees shall meet only within the dates, 694 times, and locations authorized by both the President of the 695 Senate and the Speaker of the House of Representatives. 696 (b) Joint committee meetings shall meet at the call of the 697 chair. In the absence of the chair, the vice chair shall assume 698 the duty to convene and preside over meetings and such other 699 duties as provided by law or joint rule. During a meeting 700 properly convened, the presiding chair may temporarily assign 701 the duty to preside at that meeting to another joint committee 702 member until the assignment is relinquished or revoked. 703 (c) Before any joint committee may hold a meeting, a notice 704 of such meeting shall be provided to the Secretary of the Senate 705 and the Clerk of the House of Representatives no later than 4:30 706 p.m. of the 7th day before the meeting. For purposes of 707 effecting notice to members of the house to which the chair does 708 not belong, notice to the Secretary of the Senate shall be 709 deemed notice to members of the Senate and notice to the Clerk 710 of the House shall be deemed notice to members of the House of 711 Representatives. Noticed meetings may be canceled by the chair 712 with the approval of at least one presiding officer. 713 (d) If a majority of its members from each house agree, a 714 joint committee may continue a properly noticed meeting after 715 the expiration of the time called for the meeting. However, a 716 joint committee may not meet beyond the time authorized by the 717 presiding officers without special leave granted by both 718 presiding officers. 719 (3) The presiding officers shall interpret, apply, and 720 enforce rules governing joint committees by agreement when the 721 rule at issue is a joint rule. Unless otherwise determined or 722 overruled by an agreement of the presiding officers, the chair 723 shall determine all questions of order arising in joint 724 committee meetings, but such determinations may be appealed to 725 the committee during the meeting. 726 (4) Each question, including any appeal of a ruling of the 727 chair, shall be decided by a majority vote of the members of the 728 joint committee of each house present and voting. 729 730 4.3—Powers of Joint Committees 731 (1) A joint committee may exercise the subpoena powers 732 vested by law in a standing committee of the Legislature. A 733 subpoena issued under this rule must be approved and signed by 734 the President of the Senate and the Speaker of the House of 735 Representatives and attested by the Secretary of the Senate and 736 the Clerk of the House. 737 (2) A joint committee may adopt rules of procedure that do 738 not conflict with the Florida Constitution or any law or joint 739 rule, subject to the joint approval of the President of the 740 Senate and the Speaker of the House of Representatives. 741 (3) A joint committee may not create subcommittees or 742 workgroups unless authorized by both presiding officers. 743 744 4.4—Administration of Joint Committees 745 (1) Within the monetary limitations of the approved 746 operating budget, the expenses of the members and the salaries 747 and expenses of the staff of each joint committee shall be 748 governed by joint policies adopted under Joint Rule 3.2. Within 749 such operating budget, the chair of each joint committee shall 750 approve all authorized member expenses. 751 (2) Subject to joint policies adopted under Joint Rule 3.2, 752 the presiding officers shall appoint and remove the staff 753 director and, if needed, a general counsel and any other staff 754 necessary to assist each joint committee. All joint committee 755 staff shall serve at the pleasure of the presiding officers. 756 Upon the initial adoption of these joint rules in a biennium, 757 each joint committee staff director position shall be deemed 758 vacant until an appointment is made. 759 760 4.5—Special Powers and Duties of the Legislative Auditing 761 Committee 762 (1) The Legislative Auditing Committee may direct the 763 Auditor General or the Office of Program Policy Analysis and 764 Government Accountability to conduct an audit, review, or 765 examination of any entity or record described in s. 11.45(2) or 766 (3), Florida Statutes. 767 (2) The Legislative Auditing Committee may receive requests 768 for audits and reviews from legislators and any audit request, 769 petition for audit, or other matter for investigation directed 770 or referred to it pursuant to general law. The committee may 771 make any appropriate disposition of such requests or referrals 772 and shall, within a reasonable time, report to the requesting 773 party the disposition of any audit request. 774 (3) The Legislative Auditing Committee may review the 775 performance of the Auditor General and report thereon to the 776 Senate and the House of Representatives. 777 778 4.6—Special Powers and Duties of the Administrative Procedures 779 Committee 780 The Administrative Procedures Committee shall: 781 (1) Maintain a continuous review of the statutory authority 782 on which each administrative rule is based and, whenever such 783 authority is eliminated or significantly changed by repeal, 784 amendment, holding by a court of last resort, or other factor, 785 advise the agency concerned of the fact. 786 (2) Maintain a continuous review of administrative rules 787 and identify and request an agency to repeal any rule or any 788 provision of any rule that reiterates or paraphrases any statute 789 or for which the statutory authority has been repealed. 790 (3) Review administrative rules and advise the agencies 791 concerned of its findings. 792 (4) Exercise the duties prescribed by chapter 120, Florida 793 Statutes, concerning the adoption and promulgation of rules. 794 (5) Generally review agency action pursuant to the 795 operation of chapter 120, Florida Statutes, the Administrative 796 Procedure Act. 797 (6) Report to the President of the Senate and the Speaker 798 of the House of Representatives at least annually, no later than 799 the first week of the regular session, and recommend needed 800 legislation or other appropriate action. Such report shall 801 include the number of objections voted by the committee, the 802 number of suspensions recommended by the committee, the number 803 of administrative determinations filed on the invalidity of a 804 proposed or existing rule, the number of petitions for judicial 805 review filed on the invalidity of a proposed or existing rule, 806 and the outcomes of such actions. Such report shall also include 807 any recommendations provided to the standing committees during 808 the preceding year under subsection (11). 809 (7) Consult regularly with legislative standing committees 810 that have jurisdiction over the subject areas addressed in 811 agency proposed rules regarding legislative authority for the 812 proposed rules and other matters relating to legislative 813 authority for agency action. 814 (8) Subject to the approval of the President of the Senate 815 and the Speaker of the House of Representatives, have standing 816 to seek judicial review, on behalf of the Legislature or the 817 citizens of this state, of the validity or invalidity of any 818 administrative rule to which the committee has voted an 819 objection and that has not been withdrawn, modified, repealed, 820 or amended to meet the objection. Judicial review under this 821 subsection may not be initiated until the Governor and the head 822 of the agency making the rule to which the committee has 823 objected have been notified of the committee’s proposed action 824 and have been given a reasonable opportunity, not to exceed 60 825 days, for consultation with the committee. The committee may 826 expend public funds from its appropriation for the purpose of 827 seeking judicial review. 828 (9) Maintain a continuous review of the administrative 829 rulemaking process, including a review of agency procedure and 830 of complaints based on such agency procedure. 831 (10) Establish measurement criteria to evaluate whether 832 agencies are complying with the delegation of legislative 833 authority in adopting and implementing rules. 834 (11) Maintain a continuous review of statutes that 835 authorize agencies to adopt rules and shall make recommendations 836 to the appropriate standing committees of the Senate and the 837 House of Representatives as to the advisability of considering 838 changes to the delegated legislative authority to adopt rules in 839 specific circumstances. 840 841 4.7—Special Powers and Duties of the Committee on Public Counsel 842 Oversight 843 (1) The Committee on Public Counsel Oversight shall appoint 844 a Public Counsel. 845 (2) The Committee on Public Counsel Oversight may file a 846 complaint with the Commission on Ethics alleging a violation of 847 chapter 350, Florida Statutes, by a current or former public 848 service commissioner, an employee of the Public Service 849 Commission, or a member of the Public Service Commission 850 Nominating Council. 851 (3) Notwithstanding Joint Rule 4.4(2), the Committee on 852 Public Counsel Oversight shall not have any permanent staff but 853 shall be served as needed by other legislative staff selected by 854 the President of the Senate and the Speaker of the House of 855 Representatives. 856 857 Joint Rule Five—Auditor General 858 859 5.1—Rulemaking Authority 860 The Auditor General shall make and enforce reasonable rules and 861 regulations necessary to facilitate audits that he or she is 862 authorized to perform. 863 864 5.2—Budget and Accounting 865 (1) The Auditor General shall prepare and submit annually 866 to the President of the Senate and the Speaker of the House of 867 Representatives for their joint approval a proposed budget for 868 the ensuing fiscal year. 869 (2) Within the limitations of the approved operating 870 budget, the salaries and expenses of the Auditor General and the 871 staff of the Auditor General shall be paid from the 872 appropriation for legislative expenses or any other moneys 873 appropriated by the Legislature for that purpose. The Auditor 874 General shall approve all bills for salaries and expenses for 875 his or her staff before the same shall be paid. 876 877 5.3—Audit Report Distribution 878 (1) A copy of each audit report shall be submitted to the 879 Governor, to the Chief Financial Officer, and to the officer or 880 person in charge of the state agency or political subdivision 881 audited. One copy shall be filed as a permanent public record in 882 the office of the Auditor General. In the case of county 883 reports, one copy of the report of each county office, school 884 district, or other district audited shall be submitted to the 885 board of county commissioners of the county in which the audit 886 was made and shall be filed in the office of the clerk of the 887 circuit court of that county as a public record. When an audit 888 is made of the records of the district school board, a copy of 889 the audit report shall also be filed with the district school 890 board, and thereupon such report shall become a part of the 891 public records of such board. 892 (2) A copy of each audit report shall be made available to 893 each member of the Legislative Auditing Committee. 894 (3) The Auditor General shall transmit a copy of each audit 895 report to the appropriate substantive and fiscal committees of 896 the Senate and House of Representatives. 897 (4) Other copies may be furnished to other persons who, in 898 the opinion of the Auditor General, are directly interested in 899 the audit or who have a duty to perform in connection therewith. 900 (5) The Auditor General shall transmit to the President of 901 the Senate and the Speaker of the House of Representatives, by 902 December 1 of each year, a list of statutory and fiscal changes 903 recommended by audit reports. The recommendations shall be 904 presented in two categories: one addressing substantive law and 905 policy issues and the other addressing budget issues. The 906 Auditor General may also transmit recommendations at other times 907 of the year when the information would be timely and useful for 908 the Legislature. 909 (6) A copy required to be provided under this rule may be 910 provided in an electronic or other digital format if the Auditor 911 General determines that the intended recipient has appropriate 912 resources to review the copy. Copies to members, committees, and 913 offices of the Legislature shall be provided in electronic 914 format as may be provided in joint policies adopted under Joint 915 Rule 3.2. 916 917 Joint Rule Six—Joint Legislative Budget Commission 918 919 6.1—General Responsibilities 920 (1) The commission, as provided in chapter 216, Florida 921 Statutes, shall receive and review notices of budget and 922 personnel actions taken or proposed to be taken by the executive 923 and judicial branches and shall approve or disapprove such 924 actions. 925 (2) Through its chair, the commission shall advise the 926 Governor and the Chief Justice of actions or proposed actions 927 that exceed delegated authority or that are contrary to 928 legislative policy and intent. 929 (3) To the extent possible, the commission shall inform 930 members of the Legislature of budget amendments requested by the 931 executive or judicial branches. 932 (4) The commission shall consult with the Chief Financial 933 Officer and the Executive Office of the Governor on matters as 934 required by chapter 216, Florida Statutes. 935 (5) The President of the Senate and the Speaker of the 936 House of Representatives may jointly assign other 937 responsibilities to the commission in addition to those assigned 938 by law. 939 (6) The commission shall develop policies and procedures 940 necessary to carry out its assigned responsibilities, subject to 941 the joint approval of the President of the Senate and the 942 Speaker of the House of Representatives. 943 (7) The commission, with the approval of the President of 944 the Senate and the Speaker of the House of Representatives, may 945 appoint subcommittees as necessary to facilitate its work. 946 947 6.2—Organizational Structure 948 (1) The commission is not subject to Joint Rule Four. The 949 commission shall be composed of seven members of the Senate 950 appointed by the President of the Senate and seven members of 951 the House of Representatives appointed by the Speaker of the 952 House of Representatives. 953 (2) The commission shall be jointly staffed by the 954 appropriations committees of both houses. The Senate shall 955 provide the lead staff when the chair of the commission is a 956 member of the Senate. The House of Representatives shall provide 957 the lead staff when the chair of the commission is a member of 958 the House of Representatives. 959 960 6.3—Notice of Commission Meetings 961 Not less than 7 days prior to a meeting of the commission, a 962 notice of the meeting, stating the items to be considered, date, 963 time, and place, shall be filed with the Secretary of the Senate 964 when the chair of the commission is a member of the Senate or 965 with the Clerk of the House when the chair of the commission is 966 a member of the House of Representatives. The Secretary of the 967 Senate or the Clerk of the House shall distribute notice to the 968 Legislature and the public, consistent with the rules and 969 policies of their respective houses. 970 971 6.4—Effect of Adoption; Intent 972 This Joint Rule Six replaces all prior joint rules governing the 973 Joint Legislative Budget Commission and is intended to implement 974 constitutional provisions relating to the Joint Legislative 975 Budget Commission existing as of the date of the rule’s 976 adoption.