Florida Senate - 2012 SCR 2-Org. By Senator Thrasher 6-00001A-12O 20122O__ 1 Senate Concurrent Resolution 2 A concurrent resolution establishing the Joint Rules 3 of the Florida Legislature for the 2012-2014 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 2012-2014 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 Office of 19 Legislative Services. Registration is required for each 20 principal represented. 21 (2) As used in Joint Rule One, unless the context otherwise 22 requires, the term: 23 (a) “Compensation” means payment, distribution, loan, 24 advance, reimbursement, deposit, salary, fee, retainer, or 25 anything of value provided or owed to a lobbying firm, directly 26 or indirectly, by a principal for any lobbying activity. 27 (b) “Legislative action” means introduction, sponsorship, 28 testimony, debate, voting, or any other official action on any 29 measure, resolution, amendment, nomination, appointment, or 30 report of, or any matter that may be the subject of action by, 31 either house of the Legislature or any committee thereof. 32 (c) “Lobby” or “lobbying” means influencing or attempting 33 to influence legislative action or nonaction through oral or 34 written communication or an attempt to obtain the goodwill of a 35 member or employee of the Legislature. 36 (d) “Lobbying firm” means any business entity, including an 37 individual contract lobbyist, that receives or becomes entitled 38 to receive any compensation for the purpose of lobbying and 39 where any partner, owner, officer, or employee of the business 40 entity is a lobbyist. “Lobbying firm” does not include an entity 41 that has employees who are lobbyists if the entity does not 42 derive compensation from principals for lobbying or if such 43 compensation is received exclusively from a subsidiary or 44 affiliate corporation of the employer. As used in this 45 paragraph, an affiliate corporation is a corporation that 46 directly or indirectly shares the same ultimate parent 47 corporation as the employer and does not receive compensation 48 for lobbying from any unaffiliated entity. 49 (e) “Lobbyist” means a person who is employed and receives 50 payment, or who contracts for economic consideration, for the 51 purpose of lobbying or a person who is principally employed for 52 governmental affairs by another person or governmental entity to 53 lobby on behalf of that other person or governmental entity. An 54 employee of the principal is not a “lobbyist” unless the 55 employee is principally employed for governmental affairs. 56 “Principally employed for governmental affairs” means that one 57 of the principal or most significant responsibilities of the 58 employee to the employer is overseeing the employer’s various 59 relationships with government or representing the employer in 60 its contacts with government. Any person employed by the 61 Governor, the Executive Office of the Governor, or any executive 62 or judicial department of the state or any community college of 63 the state who seeks to encourage the passage, defeat, or 64 modification of any legislation by personal appearance or 65 attendance before the House of Representatives or the Senate, or 66 any member or committee thereof, is a lobbyist. 67 (f) “Office” means the Office of Legislative Services. 68 (g) “Payment” or “salary” means wages or any other 69 consideration provided in exchange for services but does not 70 include reimbursement for expenses. 71 (h) “Principal” means the person, firm, corporation, or 72 other entity that has employed or retained a lobbyist. When an 73 association has employed or retained a lobbyist, the association 74 is the principal; the individual members of the association are 75 not principals merely because of their membership in the 76 association. 77 (i) “Unusual circumstances,” with respect to any failure of 78 a person to satisfy a filing requirement, means uncommon, rare, 79 or sudden events over which the person has no control and which 80 directly result in the failure to satisfy the filing 81 requirement. 82 (3) For purposes of this rule, the terms “lobby” and 83 “lobbying” do not include any of the following: 84 (a) Response to an inquiry for information made by any 85 member, committee, or staff of the Legislature. 86 (b) An appearance in response to a legislative subpoena. 87 (c) Advice or services that arise out of a contractual 88 obligation with the Legislature, a member, a committee, any 89 staff, or any legislative entity to render the advice or 90 services where such obligation is fulfilled through the use of 91 public funds. 92 (d) Representation of a client before the House of 93 Representatives or the Senate, or any member or committee 94 thereof, when the client is subject to disciplinary action by 95 the House of Representatives or the Senate, or any member or 96 committee thereof. 97 (4) For purposes of registration and reporting, the term 98 “lobbyist” does not include any of the following: 99 (a) A member of the Legislature. 100 (b) A person who is employed by the Legislature. 101 (c) A judge who is acting in that judge’s official 102 capacity. 103 (d) A person who is a state officer holding elective office 104 or an officer of a political subdivision of the state holding 105 elective office and who is acting in that officer’s official 106 capacity. 107 (e) A person who appears as a witness or for the purpose of 108 providing information at the written request of the chair of a 109 committee, subcommittee, or legislative delegation. 110 (f) A person employed by any executive or judicial 111 department of the state or any community college of the state 112 who makes a personal appearance or attendance before the House 113 of Representatives or the Senate, or any member or committee 114 thereof, while that person is on approved leave or outside 115 normal working hours and who does not otherwise meet the 116 definition of lobbyist. 117 (5) When a person, regardless of whether the person is 118 registered as a lobbyist, appears before a committee of the 119 Legislature, that person must submit a Committee Appearance 120 Record as required by the respective house. 121 (6) The responsibilities of the office and of the Lobbyist 122 Registration Office under Joint Rule One may be assigned to 123 another entity by agreement of the President of the Senate and 124 the Speaker of the House of Representatives for a contract 125 period not to extend beyond December 1 following the 126 Organization Session of the next biennium, provided that the 127 powers and duties of the President, the Speaker, the General 128 Counsel of the Office of Legislative Services, and any 129 legislative committee referenced in Joint Rule One may not be 130 delegated. 131 132 1.2—Method of Registration 133 (1) Each person who is required to register must register 134 on forms furnished by the Lobbyist Registration Office, on which 135 that person must state, under oath, that person’s full legal 136 name, business address, and telephone number, the name and 137 business address of each principal that person represents, and 138 the extent of any direct business association or partnership 139 that person has with any member of the Legislature. In addition, 140 if the lobbyist is a partner, owner, officer, or employee of a 141 lobbying firm, the lobbyist must state the name, address, and 142 telephone number of each lobbying firm to which the lobbyist 143 belongs. The Lobbyist Registration Office or its designee is 144 authorized to acknowledge the oath of any person who registers 145 in person. Any changes to the information provided in the 146 registration form must be reported to the Lobbyist Registration 147 Office in writing within 15 days on forms furnished by the 148 Lobbyist Registration Office. 149 (2) Any person required to register must do so with respect 150 to each principal prior to commencement of lobbying on behalf of 151 that principal. At the time of registration, the registrant 152 shall provide a statement on a form provided by the Lobbyist 153 Registration Office, signed by the principal or principal’s 154 representative, that the registrant is authorized to represent 155 the principal. On the authorization statement, the principal or 156 principal’s representative shall also identify and designate the 157 principal’s main business pursuant to a classification system 158 approved by the Office of Legislative Services, which shall be 159 the North American Industry Classification System (NAICS) six 160 digit numerical code that most accurately describes the 161 principal’s main business. 162 (3) Any person required to register must renew the 163 registration annually for each calendar year. 164 (4) A lobbyist shall promptly send a notice to the Lobbyist 165 Registration Office, on forms furnished by the Lobbyist 166 Registration Office, canceling the registration for a principal 167 upon termination of the lobbyist’s representation of that 168 principal. A notice of cancellation takes effect the day it is 169 received by the Lobbyist Registration Office. Notwithstanding 170 this requirement, the Lobbyist Registration Office may remove 171 the name of a lobbyist from the list of registered lobbyists if 172 the principal notifies the Lobbyist Registration Office that the 173 lobbyist is no longer authorized to represent that principal. 174 (5) The Lobbyist Registration Office shall retain all 175 original registration documents submitted under this rule. 176 (6) A person who is required to register under Joint Rule 177 One, or who chooses to register, shall be considered a lobbyist 178 of the Legislature for the purposes of ss. 11.045, 112.3148, and 179 112.3149, Florida Statutes. 180 181 1.3—Registration Costs; Exemptions 182 (1) To cover the costs incurred in administering Joint Rule 183 One, each person who registers under Joint Rule 1.1 must pay an 184 annual registration fee to the Lobbyist Registration Office. The 185 annual period runs from January 1 to December 31. These fees 186 must be paid at the time of registration. 187 (2) The following persons are exempt from paying the fee, 188 provided they are designated in writing by the agency head or 189 person designated in this subsection: 190 (a) Two employees of each department of the executive 191 branch created under chapter 20, Florida Statutes. 192 (b) Two employees of the Fish and Wildlife Conservation 193 Commission. 194 (c) Two employees of the Executive Office of the Governor. 195 (d) Two employees of the Commission on Ethics. 196 (e) Two employees of the Florida Public Service Commission. 197 (f) Two employees of the judicial branch designated in 198 writing by the Chief Justice of the Florida Supreme Court. 199 (3) The annual fee is up to $50 per each house for a person 200 to register to represent one principal and up to an additional 201 $10 per house for each additional principal that the person 202 registers to represent. The amount of each fee shall be 203 established annually by the President of the Senate and the 204 Speaker of the House of Representatives. The fees set shall be 205 adequate to ensure operation of the lobbyist registration and 206 reporting operations of the Lobbyist Registration Office. The 207 fees collected by the Lobbyist Registration Office under this 208 rule shall be deposited in the State Treasury and credited to 209 the Legislative Lobbyist Registration Trust Fund specifically to 210 cover the costs incurred in administering Joint Rule One. 211 212 1.4—Reporting of Lobbying Firm Compensation 213 (1)(a) Each lobbying firm shall file a compensation report 214 with the office for each calendar quarter during any portion of 215 which one or more of the firm’s lobbyists were registered to 216 represent a principal. The report shall include the: 217 1. Full name, business address, and telephone number of the 218 lobbying firm; 219 2. Registration name of each of the firm’s lobbyists; and 220 3. Total compensation provided or owed to the lobbying firm 221 from all principals for the reporting period, reported in one of 222 the following categories: $0; $1 to $49,999; $50,000 to $99,999; 223 $100,000 to $249,999; $250,000 to $499,999; $500,000 to 224 $999,999; or $1 million or more. 225 (b) For each principal represented by one or more of the 226 firm’s lobbyists, the lobbying firm’s compensation report shall 227 also include the: 228 1. Full name, business address, and telephone number of the 229 principal; and 230 2. Total compensation provided or owed to the lobbying firm 231 for the reporting period, reported in one of the following 232 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to 233 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or 234 more. If the category “$50,000 or more” is selected, the 235 specific dollar amount of compensation must be reported, rounded 236 up or down to the nearest $1,000. 237 (c) If the lobbying firm subcontracts work from another 238 lobbying firm and not from the original principal: 239 1. The lobbying firm providing the work to be subcontracted 240 shall be treated as the reporting lobbying firm’s principal for 241 reporting purposes under this paragraph; and 242 2. The reporting lobbying firm shall, for each lobbying 243 firm identified as the reporting lobbying firm’s principal under 244 paragraph (b), identify the name and address of the principal 245 originating the lobbying work. 246 (d) The senior partner, officer, or owner of the lobbying 247 firm shall certify to the veracity and completeness of the 248 information submitted pursuant to this rule; certify that no 249 compensation has been omitted from this report by deeming such 250 compensation as “consulting services,” “media services,” 251 “professional services,” or anything other than compensation; 252 and certify that no officer or employee of the firm has made an 253 expenditure in violation of s. 11.045, Florida Statutes, as 254 amended by chapter 2005-359, Laws of Florida. 255 (2) For each principal represented by more than one 256 lobbying firm, the office shall aggregate the reporting-period 257 and calendar-year compensation reported as provided or owed by 258 the principal. Compensation reported within a category shall be 259 aggregated as follows: 260 Category (dollars) Dollar amount to use aggregating 261 0 0 262 1-9,999 5,000 263 10,000-19,999 15,000 264 20,000-29,999 25,000 265 30,000–39,999 35,000 266 40,000-49,999 45,000 267 50,000 or more Actual amount reported 268 (3) The reporting statements shall be filed no later than 269 45 days after the end of each reporting period. The four 270 reporting periods are from January 1 through March 31, April 1 271 through June 30, July 1 through September 30, and October 1 272 through December 31, respectively. The statements shall be 273 rendered in the identical form provided by the respective houses 274 and shall be open to public inspection. Reporting statements 275 shall be filed by electronic means through the electronic filing 276 system developed by the office, conforming to subsection (4). 277 (4) The electronic filing system for compensation reporting 278 shall include the following: 279 (a) As used in this rule, the term “electronic filing 280 system” means an Internet system for recording and reporting 281 lobbying compensation and other required information by 282 reporting period. 283 (b) A report filed pursuant to this rule must be completed 284 and filed through the electronic filing system not later than 285 11:59 p.m. of the day designated in subsection (3). A report not 286 filed by 11:59 p.m. of the day designated is a late-filed report 287 and is subject to the penalties under Joint Rule 1.5(1). 288 (c) Each person given secure sign-on credentials to file 289 via the electronic filing system is responsible for protecting 290 the credentials from disclosure and is responsible for all 291 filings made by use of such credentials, unless and until the 292 office is notified that the person’s credentials have been 293 compromised. Each report filed by electronic means pursuant to 294 this rule shall be deemed certified in accordance with paragraph 295 (1)(d) by the person given the secure sign-on credentials and, 296 as such, subjects the person and the lobbying firm to the 297 provisions of s. 11.045(8), Florida Statutes, as well as any 298 discipline provided under the rules of the Senate or House of 299 Representatives. 300 (d) The electronic filing system shall: 301 1. Be based on access by means of the Internet. 302 2. Be accessible by anyone with Internet access using 303 standard web-browsing software. 304 3. Provide for direct entry of compensation-report 305 information as well as upload of such information from software 306 authorized by the office. 307 4. Provide a method that prevents unauthorized access to 308 electronic filing system functions. 309 5. Provide for the issuance of an electronic receipt to the 310 person submitting the report indicating and verifying the date 311 and time that the report was filed. 312 (5) The office shall provide reasonable public notice of 313 the electronic filing procedures and of any significant changes 314 in such procedures. If, whenever they deem it necessary, the 315 President of the Senate and the Speaker of the House of 316 Representatives jointly declare the electronic system not to be 317 operable, the reports shall be filed in the manner required 318 prior to April 1, 2007, as provided by House Concurrent 319 Resolution 7011 (2007), enrolled, unless the President of the 320 Senate and the Speaker of the House of Representatives direct 321 use of an alternate means of reporting. The office shall develop 322 and maintain such alternative means as may be practicable. 323 Public notice of changes in filing procedures and any 324 declaration or direction of the President of the Senate and the 325 Speaker of the House of Representatives may be provided by 326 publication for a continuous period of reasonable time on one or 327 more Internet websites maintained by the Senate and the House of 328 Representatives. 329 330 1.5—Failure to File Timely Compensation Report; Notice and 331 Assessment of Fines; Appeals 332 (1) Upon determining that the report is late, the person 333 designated to review the timeliness of reports shall immediately 334 notify the lobbying firm as to the failure to timely file the 335 report and that a fine is being assessed for each late day. The 336 fine shall be $50 per day per report for each late day, not to 337 exceed $5,000 per report. 338 (2) Upon receipt of the report, the person designated to 339 review the timeliness of reports shall determine the amount of 340 the fine based on when the report is actually received by the 341 office or when the electronic receipt issued by the electronic 342 filing system is dated, whichever is earlier. 343 (3) Such fine shall be paid within 30 days after the notice 344 of payment due is transmitted by the person designated to review 345 the timeliness of reports, unless appeal is made to the office. 346 The moneys shall be deposited into the Legislative Lobbyist 347 Registration Trust Fund. 348 (4) A fine shall not be assessed against a lobbying firm 349 the first time the report for which the lobbying firm is 350 responsible is not timely filed. However, to receive the one 351 time fine waiver, the report for which the lobbying firm is 352 responsible must be filed within 30 days after notice that the 353 report has not been timely filed is transmitted by the person 354 designated to review the timeliness of reports. A fine shall be 355 assessed for any subsequent late-filed reports. 356 (5) Any lobbying firm may appeal or dispute a fine, based 357 upon unusual circumstances surrounding the failure to file on 358 the designated due date, and may request and shall be entitled 359 to a hearing before the General Counsel of the Office of 360 Legislative Services, who shall recommend to the President of 361 the Senate and the Speaker of the House of Representatives, or 362 their respective designees, that the fine be waived in whole or 363 in part for good cause shown. The President of the Senate and 364 the Speaker of the House of Representatives, or their respective 365 designees, may by joint agreement concur in the recommendation 366 and waive the fine in whole or in part. Any such request shall 367 be made within 30 days after the notice of payment due is 368 transmitted by the person designated to review the timeliness of 369 reports. In such case, the lobbying firm shall, within the 30 370 day period, notify the person designated to review the 371 timeliness of reports in writing of the firm’s intention to 372 request a hearing. 373 (6) A lobbying firm may request that the filing of a report 374 be waived upon good cause shown, based on unusual circumstances. 375 The request must be filed with the General Counsel of the Office 376 of Legislative Services, who shall make a recommendation 377 concerning the waiver request to the President of the Senate and 378 the Speaker of the House of Representatives. The President of 379 the Senate and the Speaker of the House of Representatives may, 380 by joint agreement, grant or deny the request. 381 (7)(a) All lobbyist registrations for lobbyists who are 382 partners, owners, officers, or employees of a lobbying firm that 383 fails to timely pay a fine are automatically suspended until the 384 fine is paid or waived and all late reports have been filed or 385 waived. The office shall promptly notify all affected 386 principals, the President of the Senate, and the Speaker of the 387 House of Representatives of any suspension or reinstatement. All 388 lobbyists who are partners, owners, officers, or employees of a 389 lobbying firm are jointly and severally liable for any 390 outstanding fine owed by a lobbying firm. 391 (b) No such lobbyist may be reinstated in any capacity 392 representing any principal until the fine is paid and all late 393 reports have been filed or waived or until the fine is waived as 394 to that lobbyist and all late reports for that lobbyist have 395 been filed or waived. A suspended lobbyist may request a waiver 396 upon good cause shown, based on unusual circumstances. The 397 request must be filed with the General Counsel of the Office of 398 Legislative Services who shall, as soon as practicable, make a 399 recommendation concerning the waiver request to the President of 400 the Senate and the Speaker of the House of Representatives. The 401 President of the Senate and the Speaker of the House of 402 Representatives may, by joint agreement, grant or deny the 403 request. 404 (8) The person designated to review the timeliness of 405 reports shall notify the director of the office of the failure 406 of a lobbying firm to file a report after notice or of the 407 failure of a lobbying firm to pay the fine imposed. 408 409 1.6—Open Records; Internet Publication of Registrations and 410 Compensation Reports 411 (1) All of the lobbyist registration forms and compensation 412 reports received by the Lobbyist Registration Office shall be 413 available for public inspection and for duplication at 414 reasonable cost. 415 (2) The office shall make information filed pursuant to 416 Joint Rules 1.2 and 1.4 reasonably available on the Internet in 417 an easily understandable and accessible format. The Internet 418 website shall include, but not be limited to, the names and 419 business addresses of lobbyists, lobbying firms, and principals, 420 the affiliations between lobbyists and principals, and the 421 classification system designated and identified with respect to 422 principals pursuant to Joint Rule 1.2. 423 424 1.7—Records Retention and Inspection and Complaint Procedure 425 (1) Each lobbying firm and each principal shall preserve 426 for a period of 4 years all accounts, bills, receipts, computer 427 records, books, papers, and other documents and records 428 necessary to substantiate compensation reports. 429 (2) Upon receipt of a complaint based upon the personal 430 knowledge of the complainant made pursuant to the Senate Rules 431 or Rules of the House of Representatives, any such documents and 432 records may be inspected when authorized by the President of the 433 Senate or the Speaker of the House of Representatives, as 434 applicable. The person authorized to perform the inspection 435 shall be designated in writing and shall be a member of The 436 Florida Bar or a certified public accountant licensed in 437 Florida. Any information obtained by such an inspection may only 438 be used for purposes authorized by law, this Joint Rule One, 439 Senate Rules, or Rules of the House of Representatives, which 440 purposes may include the imposition of sanctions against a 441 person subject to Joint Rule One, the Senate Rules, or the Rules 442 of the House of Representatives. Any employee who uses that 443 information for an unauthorized purpose is subject to 444 discipline. Any member who uses that information for an 445 unauthorized purpose is subject to discipline under the 446 applicable rules of each house. 447 (3) The right of inspection may be enforced by appropriate 448 writ issued by any court of competent jurisdiction. 449 450 1.8—Questions Regarding Interpretation of this Joint Rule One 451 (1) A person may request in writing an informal opinion 452 from the General Counsel of the Office of Legislative Services 453 as to the application of this Joint Rule One to a specific 454 situation involving that person’s conduct. The General Counsel 455 shall issue the opinion within 10 days after receiving the 456 request. The informal opinion may be relied upon by the person 457 who requested the informal opinion. A copy of each informal 458 opinion that is issued shall be provided to the presiding 459 officer of each house. A committee of either house designated 460 pursuant to section 11.045(5), Florida Statutes, may revise any 461 informal opinion rendered by the General Counsel through an 462 advisory opinion to the person who requested the informal 463 opinion. The advisory opinion shall supersede the informal 464 opinion as of the date the advisory opinion is issued. 465 (2) A person in doubt about the applicability or 466 interpretation of this Joint Rule One with respect to that 467 person’s conduct may submit in writing the facts for an advisory 468 opinion to the committee of either house designated pursuant to 469 s. 11.045(5), Florida Statutes, and may appear in person before 470 the committee in accordance with s. 11.045(5), Florida Statutes. 471 472 1.9—Effect of Readoption and Revision 473 All obligations existing under Joint Rule One as of the last day 474 of the previous legislative biennium are hereby ratified, 475 preserved, and reimposed pursuant to the terms thereof as of 476 that date. The provisions of Joint Rule One are imposed 477 retroactively to the first day of the present legislative 478 biennium except that provisions new to this revision are 479 effective on the date of adoption or as otherwise expressly 480 provided herein. 481 482 Joint Rule Two—General Appropriations Review Period 483 484 2.1—General Appropriations and Related Bills; Review Periods 485 (1) A general appropriations bill shall be subject to a 72 486 hour public review period before a vote is taken on final 487 passage of the bill in the form that will be presented to the 488 Governor. 489 (2) If a bill is returned to the house in which the bill 490 originated and the originating house does not concur in all the 491 amendments or adds additional amendments, no further action 492 shall be taken on the bill by the nonoriginating house, and a 493 conference committee shall be established by operation of this 494 rule to consider the bill. 495 (3) If a bill is referred to a conference committee by 496 operation of this rule, a 72-hour public review period shall be 497 provided prior to a vote being taken on the conference committee 498 report by either house. 499 (4) A copy of the bill, a copy of the bill with amendments 500 adopted by the nonoriginating house, or the conference committee 501 report shall be furnished to each member of the Legislature, the 502 Governor, the Chief Justice of the Supreme Court, and each 503 member of the Cabinet. Copies for the Governor, Chief Justice, 504 and members of the Cabinet shall be furnished to the official’s 505 office in the Capitol or Supreme Court Building. 506 (5)(a) Copies required to be furnished under subsection (4) 507 shall be furnished to members of the Legislature as follows: 508 1. A printed copy may be placed on each member’s desk in 509 the appropriate chamber; or 510 2. An electronic copy may be furnished to each member. The 511 Legislature hereby deems and determines that a copy shall have 512 been furnished to the members of the Legislature when an 513 electronic copy is made available to every member of the 514 Legislature. An electronic copy is deemed to have been made 515 available when it is accessible via the Internet or other 516 information network consisting of systems ordinarily serving the 517 members of the Senate or the House of Representatives. 518 (b) An official other than a member of the Legislature who 519 is to be furnished a copy of a general appropriations bill under 520 subsection (4) may officially request that an electronic copy of 521 the bill be furnished in lieu of a printed copy, and, if 522 practicable, the copy may be furnished to the official in the 523 manner requested. 524 (6) The Secretary of the Senate shall be responsible for 525 furnishing copies under this rule for Senate bills, House bills 526 as amended by the Senate, and conference committee reports on 527 Senate bills. The Clerk of the House shall be responsible for 528 furnishing copies under this rule for House bills, Senate bills 529 as amended by the House, and conference committee reports on 530 House bills. 531 (7) The 72-hour public review period shall begin to run 532 upon completion of the furnishing of copies required to be 533 furnished under subsection (4). The Speaker of the House of 534 Representatives and the President of the Senate, as appropriate, 535 shall be informed of the completion time, and such time shall be 536 announced on the floor prior to vote on final passage in each 537 house and shall be entered in the journal of each house. 538 Saturdays, Sundays, and holidays shall be included in the 539 computation under this rule. 540 (8) An implementing or conforming bill recommended by a 541 conference committee shall be subject to a 24-hour public review 542 period before a vote is taken on the conference committee report 543 by either house, if the conference committee submits its report 544 after the furnishing of a general appropriations bill to which 545 the 72-hour public review period applies. 546 (9) With respect to each bill that may be affected, a 547 member of the Senate or the House of Representatives may not 548 raise a point of order under this rule after a vote is taken on 549 the bill. Except as may be required by the Florida Constitution, 550 noncompliance with any requirement of this rule may be waived by 551 a two-thirds vote of those members present and voting in each 552 house. 553 554 2.2—General Appropriations and Related Bills; Definitions 555 As used in Joint Rule Two, the term: 556 (1) “Conforming bill” means a bill that amends the Florida 557 Statutes to conform to a general appropriations bill. 558 (2) “General appropriations bill” means a bill that 559 provides for the salaries of public officers and other current 560 expenses of the state and contains no subject other than 561 appropriations. A bill that contains appropriations that are 562 incidental and necessary solely to implement a substantive law 563 is not included within this term. For the purposes of Joint Rule 564 Two and Section 19(d) of Article III of the Florida 565 Constitution, the Legislature hereby determines that, after a 566 general appropriations bill has been enacted and establishes 567 governing law for a particular fiscal year, a bill considered in 568 any subsequent session that makes net reductions in such enacted 569 appropriations or that makes supplemental appropriations shall 570 not be deemed to be a general appropriations bill unless such 571 bill provides for the salaries of public officers and other 572 current expenses of the state for a subsequent fiscal year. 573 (3) “Implementing bill” means a bill, effective for one 574 fiscal year, implementing a general appropriations bill. 575 576 Joint Rule Three—Joint Offices and Policies 577 578 3.1—Joint Legislative Offices 579 (1) The following offices of the Legislature are 580 established: 581 (a) Office of Economic and Demographic Research. 582 (b) Office of Legislative Information Technology Services. 583 (c) Office of Legislative Services. 584 (d) Office of Program Policy Analysis and Government 585 Accountability. 586 (2) Offices established under this rule shall provide 587 support services to the Legislature that are determined by the 588 President of the Senate and the Speaker of the House of 589 Representatives to be necessary and that can be effectively 590 provided jointly to both houses and other units of the 591 Legislature. Each office shall be directed by a coordinator 592 selected by and serving at the pleasure of the President of the 593 Senate and the Speaker of the House of Representatives. Upon the 594 initial adoption of these joint rules in a biennium, each 595 coordinator position shall be deemed vacant until an appointment 596 is made. 597 (3) Within the monetary limitations of the approved 598 operating budget, the salaries and expenses of the coordinator 599 and the staff of each office shall be governed by joint 600 policies. 601 (4) The Office of Legislative Services shall provide 602 legislative support services other than those prescribed in 603 subsections (5)-(7). 604 (5) The Office of Legislative Information Technology 605 Services shall provide support services to assist the 606 Legislature in achieving its objectives through the application 607 of cost-effective information technology. 608 (6) The Office of Economic and Demographic Research shall 609 provide research support services, principally regarding 610 forecasting economic and social trends that affect policymaking, 611 revenues, and appropriations. 612 (7) The Office of Program Policy Analysis and Government 613 Accountability shall: 614 (a) Perform independent examinations, program reviews, and 615 other projects as provided by general law, as provided by 616 concurrent resolution, as directed by the Legislative Auditing 617 Committee, or as directed by the President of the Senate or the 618 Speaker of the House and shall provide recommendations, 619 training, or other services to assist the Legislature. 620 (b) Transmit to the President of the Senate and the Speaker 621 of the House of Representatives, by December 1 of each year, a 622 list of statutory and fiscal changes recommended by office 623 reports. The recommendations shall be presented in two 624 categories: one addressing substantive law and policy issues and 625 the other addressing budget issues. 626 627 3.2—Joint Policies 628 (1) The President of the Senate and the Speaker of the 629 House of Representatives shall jointly adopt policies they 630 consider advisable to carry out the functions of the 631 Legislature. Such policies shall be binding on all employees of 632 joint offices and joint committees. 633 (2) The employees of all joint committees and joint 634 legislative offices shall be under the exclusive control of the 635 Legislature. No officer or agency in the executive or judicial 636 branch shall exercise any manner of control over legislative 637 employees with respect to the exercise of their duties or the 638 terms and conditions of their employment. 639 640 Joint Rule Four—Joint Committees 641 642 4.1—Standing Joint Committees 643 (1) The following standing joint committees are 644 established: 645 (a) Administrative Procedures Committee. 646 (b) Committee on Public Counsel Oversight. 647 (c) Legislative Auditing Committee. 648 (2) No other joint committee shall exist except as agreed 649 to by the presiding officers or by concurrent resolution 650 approved by the Senate and the House of Representatives. 651 (3) Appointments to each standing joint committee shall be 652 made or altered and vacancies shall be filled by the Senate and 653 the House of Representatives in accordance with their respective 654 rules. There shall be appointed to each standing joint committee 655 no fewer than five and no more than seven members from each 656 house. 657 (4)(a) The President of the Senate shall appoint a member 658 of the Senate to serve as the chair, and the Speaker of the 659 House of Representatives shall appoint a member of the House of 660 Representatives to serve as the vice chair, for: 661 1. The Legislative Auditing Committee and the Committee on 662 Public Counsel Oversight, for the period from the Organization 663 Session until noon on December 1 of the calendar year following 664 the general election. 665 2. The Administrative Procedures Committee for the period 666 from noon on December 1 of the calendar year following the 667 general election until the next general election. 668 (b) The Speaker of the House of Representatives shall 669 appoint a member of the House of Representatives to serve as the 670 chair, and the President of the Senate shall appoint a member of 671 the Senate to serve as the vice chair, for: 672 1. The Legislative Auditing Committee and the Committee on 673 Public Counsel Oversight, for the period from noon on December 1 674 of the calendar year following the general election until the 675 next general election. 676 2. The Administrative Procedures Committee for the period 677 from the Organization Session until noon on December 1 of the 678 calendar year following the general election. 679 (c) A vacancy in an appointed chair or vice chair shall be 680 filled in the same manner as the original appointment. 681 682 4.2—Procedures in Joint Committees 683 The following rules shall govern procedures in joint committees 684 other than conference committees: 685 (1) A quorum for a joint committee shall be a majority of 686 the appointees of each house. No business of any type may be 687 conducted in the absence of a quorum. 688 (2)(a) Joint committees shall meet only within the dates, 689 times, and locations authorized by both the President of the 690 Senate and the Speaker of the House of Representatives. 691 (b) Joint committee meetings shall meet at the call of the 692 chair. In the absence of the chair, the vice chair shall assume 693 the duty to convene and preside over meetings and such other 694 duties as provided by law or joint rule. During a meeting 695 properly convened, the presiding chair may temporarily assign 696 the duty to preside at that meeting to another joint committee 697 member until the assignment is relinquished or revoked. 698 (c) Before any joint committee may hold a meeting, a notice 699 of such meeting shall be provided to the Secretary of the Senate 700 and the Clerk of the House of Representatives no later than 4:30 701 p.m. of the 7th day before the meeting. For purposes of 702 effecting notice to members of the house to which the chair does 703 not belong, notice to the Secretary of the Senate shall be 704 deemed notice to members of the Senate and notice to the Clerk 705 of the House shall be deemed notice to members of the House of 706 Representatives. Noticed meetings may be canceled by the chair 707 with the approval of at least one presiding officer. 708 (d) If a majority of its members from each house agree, a 709 joint committee may continue a properly noticed meeting after 710 the expiration of the time called for the meeting. However, a 711 joint committee may not meet beyond the time authorized by the 712 presiding officers without special leave granted by both 713 presiding officers. 714 (3) The presiding officers shall interpret, apply, and 715 enforce rules governing joint committees by agreement when the 716 rule at issue is a joint rule. Unless otherwise determined or 717 overruled by an agreement of the presiding officers, the chair 718 shall determine all questions of order arising in joint 719 committee meetings, but such determinations may be appealed to 720 the committee during the meeting. 721 (4) Each question, including any appeal of a ruling of the 722 chair, shall be decided by a majority vote of the members of the 723 joint committee of each house present and voting. 724 725 4.3—Powers of Joint Committees 726 (1) A joint committee may exercise the subpoena powers 727 vested by law in a standing committee of the Legislature. A 728 subpoena issued under this rule must be approved and signed by 729 the President of the Senate and the Speaker of the House of 730 Representatives and attested by the Secretary of the Senate and 731 the Clerk of the House. 732 (2) A joint committee may adopt rules of procedure that do 733 not conflict with the Florida Constitution or any law or joint 734 rule, subject to the joint approval of the President of the 735 Senate and the Speaker of the House of Representatives. 736 (3) A joint committee may not create subcommittees or 737 workgroups unless authorized by both presiding officers. 738 739 4.4—Administration of Joint Committees 740 (1) Within the monetary limitations of the approved 741 operating budget, the expenses of the members and the salaries 742 and expenses of the staff of each joint committee shall be 743 governed by joint policies adopted under Joint Rule 3.2. Within 744 such operating budget, the chair of each joint committee shall 745 approve all authorized member expenses. 746 (2) Subject to joint policies adopted under Joint Rule 3.2, 747 the presiding officers shall appoint and remove the staff 748 director and, if needed, a general counsel and any other staff 749 necessary to assist each joint committee. All joint committee 750 staff shall serve at the pleasure of the presiding officers. 751 Upon the initial adoption of these joint rules in a biennium, 752 each joint committee staff director position shall be deemed 753 vacant until an appointment is made. 754 755 4.5—Special Powers and Duties of the Legislative Auditing 756 Committee 757 (1) The Legislative Auditing Committee may direct the 758 Auditor General or the Office of Program Policy Analysis and 759 Government Accountability to conduct an audit, review, or 760 examination of any entity or record described in s. 11.45(2) or 761 (3), Florida Statutes. 762 (2) The Legislative Auditing Committee may receive requests 763 for audits and reviews from legislators and any audit request, 764 petition for audit, or other matter for investigation directed 765 or referred to it pursuant to general law. The committee may 766 make any appropriate disposition of such requests or referrals 767 and shall, within a reasonable time, report to the requesting 768 party the disposition of any audit request. 769 (3) The Legislative Auditing Committee may review the 770 performance of the Auditor General and report thereon to the 771 Senate and the House of Representatives. 772 773 4.6—Special Powers and Duties of the Administrative Procedures 774 Committee 775 The Administrative Procedures Committee shall: 776 (1) Maintain a continuous review of the statutory authority 777 on which each administrative rule is based and, whenever such 778 authority is eliminated or significantly changed by repeal, 779 amendment, holding by a court of last resort, or other factor, 780 advise the agency concerned of the fact. 781 (2) Maintain a continuous review of administrative rules 782 and identify and request an agency to repeal any rule or any 783 provision of any rule that reiterates or paraphrases any statute 784 or for which the statutory authority has been repealed. 785 (3) Review administrative rules and advise the agencies 786 concerned of its findings. 787 (4) Exercise the duties prescribed by chapter 120, Florida 788 Statutes, concerning the adoption and promulgation of rules. 789 (5) Generally review agency action pursuant to the 790 operation of chapter 120, Florida Statutes, the Administrative 791 Procedure Act. 792 (6) Report to the President of the Senate and the Speaker 793 of the House of Representatives at least annually, no later than 794 the first week of the regular session, and recommend needed 795 legislation or other appropriate action. Such report shall 796 include the number of objections voted by the committee, the 797 number of suspensions recommended by the committee, the number 798 of administrative determinations filed on the invalidity of a 799 proposed or existing rule, the number of petitions for judicial 800 review filed on the invalidity of a proposed or existing rule, 801 and the outcomes of such actions. Such report shall also include 802 any recommendations provided to the standing committees during 803 the preceding year under subsection (11). 804 (7) Consult regularly with legislative standing committees 805 that have jurisdiction over the subject areas addressed in 806 agency proposed rules regarding legislative authority for the 807 proposed rules and other matters relating to legislative 808 authority for agency action. 809 (8) Subject to the approval of the President of the Senate 810 and the Speaker of the House of Representatives, have standing 811 to seek judicial review, on behalf of the Legislature or the 812 citizens of this state, of the validity or invalidity of any 813 administrative rule to which the committee has voted an 814 objection and that has not been withdrawn, modified, repealed, 815 or amended to meet the objection. Judicial review under this 816 subsection may not be initiated until the Governor and the head 817 of the agency making the rule to which the committee has 818 objected have been notified of the committee’s proposed action 819 and have been given a reasonable opportunity, not to exceed 60 820 days, for consultation with the committee. The committee may 821 expend public funds from its appropriation for the purpose of 822 seeking judicial review. 823 (9) Maintain a continuous review of the administrative 824 rulemaking process, including a review of agency procedure and 825 of complaints based on such agency procedure. 826 (10) Establish measurement criteria to evaluate whether 827 agencies are complying with the delegation of legislative 828 authority in adopting and implementing rules. 829 (11) Maintain a continuous review of statutes that 830 authorize agencies to adopt rules and shall make recommendations 831 to the appropriate standing committees of the Senate and the 832 House of Representatives as to the advisability of considering 833 changes to the delegated legislative authority to adopt rules in 834 specific circumstances. 835 836 4.7—Special Powers and Duties of the Committee on Public Counsel 837 Oversight 838 (1) The Committee on Public Counsel Oversight shall appoint 839 a Public Counsel. 840 (2) The Committee on Public Counsel Oversight may file a 841 complaint with the Commission on Ethics alleging a violation of 842 chapter 350, Florida Statutes, by a current or former public 843 service commissioner, an employee of the Public Service 844 Commission, or a member of the Public Service Commission 845 Nominating Council. 846 (3) Notwithstanding Joint Rule 4.4(2), the Committee on 847 Public Counsel Oversight shall not have any permanent staff but 848 shall be served as needed by other legislative staff selected by 849 the President of the Senate and the Speaker of the House of 850 Representatives. 851 852 Joint Rule Five—Auditor General 853 854 5.1—Rulemaking Authority 855 The Auditor General shall make and enforce reasonable rules and 856 regulations necessary to facilitate audits that he or she is 857 authorized to perform. 858 859 5.2—Budget and Accounting 860 (1) The Auditor General shall prepare and submit annually 861 to the President of the Senate and the Speaker of the House of 862 Representatives for their joint approval a proposed budget for 863 the ensuing fiscal year. 864 (2) Within the limitations of the approved operating 865 budget, the salaries and expenses of the Auditor General and the 866 staff of the Auditor General shall be paid from the 867 appropriation for legislative expense or any other moneys 868 appropriated by the Legislature for that purpose. The Auditor 869 General shall approve all bills for salaries and expenses for 870 his or her staff before the same shall be paid. 871 872 5.3—Audit Report Distribution 873 (1) A copy of each audit report shall be submitted to the 874 Governor, to the Chief Financial Officer, and to the officer or 875 person in charge of the state agency or political subdivision 876 audited. One copy shall be filed as a permanent public record in 877 the office of the Auditor General. In the case of county 878 reports, one copy of the report of each county office, school 879 district, or other district audited shall be submitted to the 880 board of county commissioners of the county in which the audit 881 was made and shall be filed in the office of the clerk of the 882 circuit court of that county as a public record. When an audit 883 is made of the records of the district school board, a copy of 884 the audit report shall also be filed with the district school 885 board, and thereupon such report shall become a part of the 886 public records of such board. 887 (2) A copy of each audit report shall be made available to 888 each member of the Legislative Auditing Committee. 889 (3) The Auditor General shall transmit a copy of each audit 890 report to the appropriate substantive and fiscal committees of 891 the Senate and House of Representatives. 892 (4) Other copies may be furnished to other persons who, in 893 the opinion of the Auditor General, are directly interested in 894 the audit or who have a duty to perform in connection therewith. 895 (5) The Auditor General shall transmit to the President of 896 the Senate and the Speaker of the House of Representatives, by 897 December 1 of each year, a list of statutory and fiscal changes 898 recommended by audit reports. The recommendations shall be 899 presented in two categories: one addressing substantive law and 900 policy issues and the other addressing budget issues. The 901 Auditor General may also transmit recommendations at other times 902 of the year when the information would be timely and useful for 903 the Legislature. 904 (6) A copy required to be provided under this rule may be 905 provided in an electronic or other digital format if the Auditor 906 General determines that the intended recipient has appropriate 907 resources to review the copy. Copies to members, committees, and 908 offices of the Legislature shall be provided in electronic 909 format as may be provided in joint policies adopted under Joint 910 Rule 3.2. 911 912 Joint Rule Six—Joint Legislative Budget Commission 913 914 6.1—General Responsibilities 915 (1) The commission, as provided in chapter 216, Florida 916 Statutes, shall receive and review notices of budget and 917 personnel actions taken or proposed to be taken by the executive 918 and judicial branches and shall approve or disapprove such 919 actions. 920 (2) Through its chair, the commission shall advise the 921 Governor and the Chief Justice of actions or proposed actions 922 that exceed delegated authority or that are contrary to 923 legislative policy and intent. 924 (3) To the extent possible, the commission shall inform 925 members of the Legislature of budget amendments requested by the 926 executive or judicial branches. 927 (4) The commission shall consult with the Chief Financial 928 Officer and the Executive Office of the Governor on matters as 929 required by chapter 216, Florida Statutes. 930 (5) The President of the Senate and the Speaker of the 931 House of Representatives may jointly assign other 932 responsibilities to the commission in addition to those assigned 933 by law. 934 (6) The commission shall develop policies and procedures 935 necessary to carry out its assigned responsibilities, subject to 936 the joint approval of the President of the Senate and the 937 Speaker of the House of Representatives. 938 (7) The commission, with the approval of the President of 939 the Senate and the Speaker of the House of Representatives, may 940 appoint subcommittees as necessary to facilitate its work. 941 942 6.2—Organizational Structure 943 (1) The commission is not subject to Joint Rule Four. The 944 commission shall be composed of seven members of the Senate 945 appointed by the President of the Senate and seven members of 946 the House of Representatives appointed by the Speaker of the 947 House of Representatives. 948 (2) The commission shall be jointly staffed by the 949 appropriations committees of both houses. The Senate shall 950 provide the lead staff when the chair of the commission is a 951 member of the Senate. The House of Representatives shall provide 952 the lead staff when the chair of the commission is a member of 953 the House of Representatives. 954 955 6.3—Notice of Commission Meetings 956 Not less than 7 days prior to a meeting of the commission, a 957 notice of the meeting, stating the items to be considered, date, 958 time, and place, shall be filed with the Secretary of the Senate 959 when the chair of the commission is a member of the Senate or 960 with the Clerk of the House when the chair of the commission is 961 a member of the House of Representatives. The Secretary of the 962 Senate or the Clerk of the House shall distribute notice to the 963 Legislature and the public, consistent with the rules and 964 policies of their respective houses. 965 966 6.4—Effect of Adoption; Intent 967 This Joint Rule Six replaces all prior joint rules governing the 968 Joint Legislative Budget Commission and is intended to implement 969 constitutional provisions relating to the Joint Legislative 970 Budget Commission existing as of the date of the rule’s 971 adoption.