ENROLLED
2012 Legislature SCR 2-Org.
20122Oer
1
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.