ENROLLED 2014 Legislature SCR 2-Org 20142Oer 1 2 A concurrent resolution establishing the Joint Rules 3 of the Florida Legislature for the 2014-2016 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 2014-2016 term: 10 11 JOINT RULES 12 Joint Rule One—Lobbyist Registration and Compensation Reporting 13 14 1.1—Those Required to Register; Exemptions; Committee Appearance 15 Records 16 (1) All lobbyists before the Florida Legislature must 17 register with the Lobbyist Registration Office in the Office of 18 Legislative Services. Registration is required for each 19 principal represented. 20 (2) As used in Joint Rule One, unless the context otherwise 21 requires, the term: 22 (a) “Compensation” means payment, distribution, loan, 23 advance, reimbursement, deposit, salary, fee, retainer, or 24 anything of value provided or owed to a lobbying firm, directly 25 or indirectly, by a principal for any lobbying activity. 26 (b) “Legislative action” means introduction, sponsorship, 27 testimony, debate, voting, or any other official action on any 28 measure, resolution, amendment, nomination, appointment, or 29 report of, or any matter that may be the subject of action by, 30 either house of the Legislature or any committee thereof. 31 (c) “Lobby” or “lobbying” means influencing or attempting 32 to influence legislative action or nonaction through oral or 33 written communication or through an attempt to obtain the 34 goodwill of a member or employee of the Legislature. 35 (d) “Lobbying firm” means any business entity, including an 36 individual contract lobbyist, that receives or becomes entitled 37 to receive any compensation for the purpose of lobbying and 38 where any partner, owner, officer, or employee of the business 39 entity is a lobbyist. “Lobbying firm” does not include an entity 40 that has employees who are lobbyists if the entity does not 41 derive compensation from principals for lobbying or if such 42 compensation is received exclusively from a subsidiary or 43 affiliate corporation of the employer. As used in this 44 paragraph, an affiliate corporation is a corporation that 45 directly or indirectly shares the same ultimate parent 46 corporation as the employer and does not receive compensation 47 for lobbying from any unaffiliated entity. 48 (e) “Lobbyist” means a person who is employed and receives 49 payment, or who contracts for economic consideration, for the 50 purpose of lobbying or a person who is principally employed for 51 governmental affairs by another person or governmental entity to 52 lobby on behalf of that other person or governmental entity. An 53 employee of the principal is not a lobbyist unless the employee 54 is principally employed for governmental affairs. The term 55 “principally employed for governmental affairs” means that one 56 of the principal or most significant responsibilities of the 57 employee to the employer is overseeing the employer’s various 58 relationships with government or representing the employer in 59 its contacts with government. Any person employed by the 60 Governor, the Executive Office of the Governor, or any executive 61 or judicial department of the state or any community college of 62 the state who seeks to encourage the passage, defeat, or 63 modification of any legislation by personal appearance or 64 attendance before the House of Representatives or the Senate, or 65 any member or committee thereof, is a lobbyist. 66 (f) “Lobbyist Registration and Compensation Reporting 67 System (LRCRS)” means the online application that serves as the 68 system of record for the Lobbyist Registration Office in the 69 Office of Legislative Services and consists of the electronic 70 registration system and the electronic filing system. 71 (g) “LRO” means the Lobbyist Registration Office in the 72 Office of Legislative Services. 73 (h) “Office” means the Office of Legislative Services. 74 (i) “Payment” or “salary” means wages or any other 75 consideration provided in exchange for services but does not 76 include reimbursement for expenses. 77 (j) “Principal” means the person, firm, corporation, or 78 other entity that has employed or retained a lobbyist. When an 79 association has employed or retained a lobbyist, the association 80 is the principal; the individual members of the association are 81 not principals merely because of their membership in the 82 association. 83 (k) “Unusual circumstances,” with respect to any failure of 84 a person to satisfy a filing requirement, means uncommon, rare, 85 or sudden events over which the person has no control and which 86 directly result in the failure to satisfy the filing 87 requirement. 88 (3) For purposes of Joint Rule One, the terms “lobby” and 89 “lobbying” do not include any of the following: 90 (a) A response to an inquiry for information made by any 91 member, committee, or staff of the Legislature. 92 (b) An appearance in response to a legislative subpoena. 93 (c) Advice or services that arise out of a contractual 94 obligation with the Legislature, a member, a committee, any 95 staff, or any legislative entity to render the advice or 96 services where such obligation is fulfilled through the use of 97 public funds. 98 (d) Representation of a client before the House of 99 Representatives or the Senate, or any member or committee 100 thereof, when the client is subject to disciplinary action by 101 the House of Representatives or the Senate, or any member or 102 committee thereof. 103 (4) For purposes of registration and reporting, the term 104 “lobbyist” does not include any of the following: 105 (a) A member of the Legislature. 106 (b) A person who is employed by the Legislature. 107 (c) A judge who is acting in that judge’s official 108 capacity. 109 (d) A person who is a state officer holding elective office 110 or an officer of a political subdivision of the state holding 111 elective office and who is acting in that officer’s official 112 capacity. 113 (e) A person who appears as a witness or for the purpose of 114 providing information at the written request of the chair of a 115 committee, subcommittee, or legislative delegation. 116 (f) A person employed by any executive or judicial 117 department of the state or any community college of the state 118 who makes a personal appearance or attendance before the House 119 of Representatives or the Senate, or any member or committee 120 thereof, while that person is on approved leave or outside 121 normal working hours and who does not otherwise meet the 122 definition of a lobbyist. 123 (5) When a person, regardless of whether the person is 124 registered as a lobbyist, appears before a committee of the 125 Legislature, that person must submit a Committee Appearance 126 Record as required by the respective house. 127 (6) The responsibilities of the Office and of the LRO under 128 Joint Rule One may be assigned to another entity by agreement of 129 the President of the Senate and the Speaker of the House of 130 Representatives for a contract period not to extend beyond 131 December 1 following the Organization Session of the next 132 biennium, provided that the powers and duties of the President, 133 the Speaker, the General Counsel of the Office of Legislative 134 Services, and any legislative committee referenced in Joint Rule 135 One may not be delegated. 136 137 1.2—Method of Registration 138 (1) Each person required to register with the LRO must 139 register through the LRCRS and attest to that person’s full 140 legal name, business address, e-mail address, and telephone 141 number; the name, business address, e-mail address, and 142 telephone number of each principal that person represents; and 143 the extent of any direct business association or partnership 144 that person has with any member of the Legislature. In addition, 145 if the lobbyist is a partner, owner, officer, or employee of a 146 lobbying firm, the lobbyist must state the name, address, and 147 telephone number of each lobbying firm to which the lobbyist 148 belongs and the e-mail address of the employee responsible for 149 the submission of compensation reports. Registration is not 150 complete until the LRCRS receives the principal’s authorization 151 and the registration fee. Any changes to the information 152 existing in the LRCRS must be updated online in the LRCRS within 153 15 days from the effective date of the change. 154 (2) Any person required to register must do so with respect 155 to each principal prior to commencement of lobbying on behalf of 156 that principal. The LRCRS will request authorization from the 157 principal with the principal’s name, business address, e-mail 158 address, and telephone number to confirm that the registrant is 159 authorized to represent the principal. The principal or 160 principal’s representative shall also identify and designate the 161 principal’s main business pursuant to a classification system 162 approved by the Office, which shall be the North American 163 Industry Classification System (NAICS) six-digit numerical code 164 that most accurately describes the principal’s main business. 165 (3) Any person required to register must renew the 166 registration annually for each calendar year through the LRCRS. 167 (4) A lobbyist shall promptly cancel the registration for a 168 principal upon termination of the lobbyist’s representation of 169 that principal. A cancellation takes effect the day it is 170 received by the LRCRS. Notwithstanding this requirement, the LRO 171 may remove the name of a lobbyist from the list of registered 172 lobbyists if the principal notifies the LRO in writing that the 173 lobbyist is no longer authorized to represent that principal. 174 (5) The LRO shall retain registration information submitted 175 under this rule. 176 (6) A person required to register under Joint Rule One 177 shall be considered a lobbyist of the Legislature for the 178 purposes of ss. 11.045, 112.3148, and 112.3149, Florida 179 Statutes. 180 181 1.3—Registration Costs; Exemptions 182 (1) To cover the costs incurred for the administration of 183 Joint Rule One, each person who registers under Joint Rule 1.1 184 must pay an annual registration fee to the LRO. The annual 185 period runs from January 1 to December 31. These fees must be 186 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 must be 205 adequate to ensure operation of the lobbyists’ registration, 206 compensation, and reporting functions. The fees collected by the 207 LRO under this rule shall be deposited into the State Treasury 208 and credited to the Legislative Lobbyist Registration Trust Fund 209 specifically to cover the costs incurred in administering Joint 210 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 LRO through the LRCRS for each calendar quarter during 215 any portion of which one or more of the firm’s lobbyists were 216 registered to represent a principal. The report must include 217 the: 218 1. Full name, business address, and telephone number of the 219 lobbying firm; 220 2. Registration name of each of the firm’s lobbyists; and 221 3. Total compensation provided or owed to the lobbying firm 222 from all principals for the reporting period, reported in one of 223 the following categories: $0; $1 to $49,999; $50,000 to $99,999; 224 $100,000 to $249,999; $250,000 to $499,999; $500,000 to 225 $999,999; or $1 million or more. 226 (b) For each principal represented by one or more of the 227 firm’s lobbyists, the lobbying firm’s compensation report must 228 also include the: 229 1. Full name, business address, and telephone number of the 230 principal; and 231 2. Total compensation provided or owed to the lobbying firm 232 for the reporting period, reported in one of the following 233 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to 234 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or 235 more. If the category “$50,000 or more” is selected, the 236 specific dollar amount of compensation must be reported, rounded 237 up or down to the nearest $1,000. 238 (c) If the lobbying firm subcontracts work from another 239 lobbying firm and not from the original principal: 240 1. The lobbying firm providing the work to be subcontracted 241 shall be treated as the reporting lobbying firm’s principal for 242 reporting purposes under this paragraph; and 243 2. The reporting lobbying firm shall, for each lobbying 244 firm identified as the reporting lobbying firm’s principal under 245 paragraph (b), identify the name, business address, and 246 telephone number of the principal originating the lobbying work. 247 (d) The senior partner, officer, or owner of the lobbying 248 firm shall certify to the veracity and completeness of the 249 information submitted pursuant to this rule; certify that no 250 compensation has been omitted from this report by deeming such 251 compensation as “consulting services,” “media services,” 252 “professional services,” or anything other than compensation; 253 and certify that no officer or employee of the firm has made an 254 expenditure in violation of s. 11.045, Florida Statutes. 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: 260 261 Category (dollars) Dollar amount to use aggregating 262 0 0 263 1-9,999 5,000 264 10,000-19,999 15,000 265 20,000-29,999 25,000 266 30,000–39,999 35,000 267 40,000-49,999 45,000 268 50,000 or more Actual amount reported 269 (3) The compensation reports shall be filed no later than 270 45 days after the end of each reporting period. The four 271 reporting periods are from January 1 through March 31, April 1 272 through June 30, July 1 through September 30, and October 1 273 through December 31, respectively. The reports shall be rendered 274 in the identical form provided by the respective houses and 275 shall be open to public inspection. 276 (4) A report filed pursuant to this rule must be completed 277 and filed through the LRCRS not later than 11:59 p.m. of the day 278 designated in subsection (3). A report not filed by 11:59 p.m. 279 of the day designated is a late-filed report and is subject to 280 the penalties under Joint Rule 1.5(1). 281 (5) Each person given secure sign-on credentials in the 282 LRCRS is responsible for protecting the credentials from 283 disclosure and is responsible for all filings made by use of 284 such credentials, unless and until the Office is notified that 285 the person’s credentials have been compromised. Each report 286 filed by electronic means pursuant to this rule shall be deemed 287 certified in accordance with paragraph (1)(d) by the person 288 given the secure sign-on credentials and, as such, subjects the 289 person and the lobbying firm to the provisions of s. 11.045(8), 290 Florida Statutes, as well as any discipline provided under the 291 rules of the Senate or House of Representatives. 292 (6) If the President of the Senate and the Speaker of the 293 House of Representatives jointly declare that the electronic 294 system is not operable, the reports shall be filed in accordance 295 with instructions on the LRCRS website which will be posted for 296 a reasonable period of time. 297 298 1.5—Failure to File Timely Compensation Report; Notice and 299 Assessment of Fines; Appeals 300 (1) Upon determining that the report is late, the LRCRS 301 shall immediately notify the lobbying firm by e-mail as to the 302 failure to timely file the report and that a fine is being 303 assessed for each late day. The fine shall be $50 per day per 304 report for each late day, not to exceed $5,000 per report. 305 (2) Upon submittal of the late-filed report by the lobbying 306 firm, the LRCRS shall determine the amount of the fine based on 307 the submittal date shown in the electronic receipt issued by the 308 LRCRS. 309 (3) Such fine shall be paid within 30 days after the notice 310 of payment due is transmitted by the LRCRS, unless an appeal is 311 made to the LRO. The moneys shall be deposited into the 312 Legislative Lobbyist Registration Trust Fund. 313 (4) A fine may not be assessed against a lobbying firm the 314 first time the report for which the lobbying firm is responsible 315 is not timely filed. However, to receive the one-time fine 316 waiver, the report for which the lobbying firm is responsible 317 must be filed within 30 days after the notice of failure to file 318 is transmitted by the LRCRS. A fine shall be assessed for all 319 subsequent late-filed reports. 320 (5) Any lobbying firm may appeal or dispute a fine, based 321 upon unusual circumstances surrounding the failure to file on 322 the designated due date, and may request and shall be entitled 323 to a hearing before the General Counsel of the Office of 324 Legislative Services, who shall recommend to the President of 325 the Senate and the Speaker of the House of Representatives, or 326 their respective designees, that the fine be waived in whole or 327 in part for good cause shown. The President of the Senate and 328 the Speaker of the House of Representatives, or their respective 329 designees, may, by joint agreement, concur in the recommendation 330 and waive the fine in whole or in part. Any such request shall 331 be made within 30 days after the notice of payment due is 332 transmitted by the LRCRS. In such case, the lobbying firm shall, 333 within the 30-day period, notify the LRO in writing of the 334 firm’s intention to request a hearing. 335 (6) A lobbying firm may request that the filing of a report 336 be waived upon good cause shown, based on unusual circumstances. 337 The request must be filed with the General Counsel of the Office 338 of Legislative Services, who shall make a recommendation 339 concerning the waiver request to the President of the Senate and 340 the Speaker of the House of Representatives. The President of 341 the Senate and the Speaker of the House of Representatives may, 342 by joint agreement, grant or deny the request. 343 (7)(a) All lobbyist registrations for lobbyists who are 344 partners, owners, officers, or employees of a lobbying firm that 345 fails to timely pay a fine are automatically suspended until the 346 fine is paid or waived and all late reports have been filed or 347 waived. The LRO shall promptly notify all affected principals, 348 the President of the Senate, and the Speaker of the House of 349 Representatives of any suspension or reinstatement. All 350 lobbyists who are partners, owners, officers, or employees of a 351 lobbying firm are jointly and severally liable for any 352 outstanding fine owed by a lobbying firm. 353 (b) Such lobbyist may not be reinstated in any capacity 354 representing any principal until the fine is paid and all late 355 reports have been filed or waived or until the fine is waived as 356 to that lobbyist and all late reports for that lobbyist have 357 been filed or waived. A suspended lobbyist may request a waiver 358 upon good cause shown, based on unusual circumstances. The 359 request must be filed with the General Counsel of the Office of 360 Legislative Services who shall, as soon as practicable, make a 361 recommendation concerning the waiver request to the President of 362 the Senate and the Speaker of the House of Representatives. The 363 President of the Senate and the Speaker of the House of 364 Representatives may, by joint agreement, grant or deny the 365 request. 366 (8) The LRO shall notify the coordinator of the Office of 367 the failure of a lobbying firm to file a report after notice or 368 of the failure of a lobbying firm to pay the fine imposed. 369 370 1.6—Open Records; Internet Publication of Registrations and 371 Compensation Reports 372 (1) All of the lobbyist registration forms and compensation 373 reports received by the LRO shall be available for public 374 inspection and for duplication at reasonable cost. 375 (2) The LRO shall make information filed pursuant to Joint 376 Rules 1.2 and 1.4 reasonably available on the Internet in an 377 easily understandable and accessible format through the LRCRS. 378 The LRCRS must include, but not be limited to including, the 379 names and business addresses of lobbyists, lobbying firms, and 380 principals; the affiliations between lobbyists and principals; 381 and the classification system designated and identified with 382 respect to principals pursuant to Joint Rule 1.2. 383 384 1.7—Records Retention and Inspection and Complaint Procedure 385 (1) Each lobbying firm and each principal shall preserve 386 for a period of 4 years all accounts, bills, receipts, computer 387 records, books, papers, and other documents and records 388 necessary to substantiate compensation reports and registration 389 documentation. 390 (2) Upon receipt of a complaint based on the personal 391 knowledge of the complainant made pursuant to the Senate Rules 392 or the Rules of the House of Representatives, any such documents 393 and records may be inspected when authorized by the President of 394 the Senate or the Speaker of the House of Representatives, as 395 applicable. The person authorized to perform the inspection 396 shall be designated in writing and shall be a member of The 397 Florida Bar or a certified public accountant licensed in 398 Florida. Any information obtained by such an inspection may only 399 be used for purposes authorized by law, Joint Rule One, the 400 Senate Rules, or the Rules of the House of Representatives, 401 which purposes may include the imposition of sanctions against a 402 person subject to Joint Rule One, the Senate Rules, or the Rules 403 of the House of Representatives. Any employee who uses that 404 information for an unauthorized purpose is subject to 405 discipline. Any member who uses that information for an 406 unauthorized purpose is subject to discipline under the 407 applicable rules of each house. 408 (3) The right of inspection may be enforced by appropriate 409 writ issued by any court of competent jurisdiction. 410 411 1.8—Questions Regarding Interpretation of Joint Rule One 412 (1) A person may request in writing an informal opinion 413 from the General Counsel of the Office of Legislative Services 414 as to the application of Joint Rule One to a specific situation 415 involving that person’s conduct. The General Counsel shall issue 416 the opinion within 10 days after receiving the request. The 417 informal opinion may be relied upon by the person who requested 418 the informal opinion. A copy of each informal opinion that is 419 issued shall be provided to the presiding officer of each house. 420 A committee of either house designated pursuant to section 421 11.045(5), Florida Statutes, may revise any informal opinion 422 rendered by the General Counsel through an advisory opinion to 423 the person who requested the informal opinion. The advisory 424 opinion shall supersede the informal opinion as of the date the 425 advisory opinion is issued. 426 (2) A person in doubt about the applicability or 427 interpretation of Joint Rule One with respect to that person’s 428 conduct may submit in writing the facts for an advisory opinion 429 to the committee of either house designated pursuant to s. 430 11.045(5), Florida Statutes, and may appear in person before the 431 committee in accordance with s. 11.045(5), Florida Statutes. 432 433 1.9—Effect of Readoption and Revision 434 All obligations existing under Joint Rule One as of the last day 435 of the previous legislative biennium are hereby ratified, 436 preserved, and reimposed pursuant to the terms thereof as of 437 that date. The provisions of Joint Rule One are imposed 438 retroactively to the first day of the present legislative 439 biennium except that provisions new to this revision are 440 effective on the date of adoption or as otherwise expressly 441 provided herein. 442 443 Joint Rule Two—General Appropriations Review Period 444 445 2.1—General Appropriations and Related Bills; Review Periods 446 (1) A general appropriations bill shall be subject to a 72 447 hour public review period before a vote is taken on final 448 passage of the bill in the form that will be presented to the 449 Governor. 450 (2) If a bill is returned to the house in which the bill 451 originated and the originating house does not concur in all the 452 amendments or adds additional amendments, no further action 453 shall be taken on the bill by the nonoriginating house, and a 454 conference committee shall be established by operation of this 455 rule to consider the bill. 456 (3) If a bill is referred to a conference committee by 457 operation of this rule, a 72-hour public review period shall be 458 provided prior to a vote being taken on the conference committee 459 report by either house. 460 (4) A copy of the bill, a copy of the bill with amendments 461 adopted by the nonoriginating house, or the conference committee 462 report shall be furnished to each member of the Legislature, the 463 Governor, the Chief Justice of the Supreme Court, and each 464 member of the Cabinet. Copies for the Governor, Chief Justice, 465 and members of the Cabinet shall be furnished to the official’s 466 office in the Capitol or Supreme Court Building. 467 (5)(a) Copies required to be furnished under subsection (4) 468 shall be furnished to members of the Legislature as follows: 469 1. A printed copy may be placed on each member’s desk in 470 the appropriate chamber; or 471 2. An electronic copy may be furnished to each member. The 472 Legislature hereby deems and determines that a copy shall have 473 been furnished to the members of the Legislature when an 474 electronic copy is made available to every member of the 475 Legislature. An electronic copy is deemed to have been made 476 available when it is accessible via the Internet or other 477 information network consisting of systems ordinarily serving the 478 members of the Senate or the House of Representatives. 479 (b) An official other than a member of the Legislature who 480 is to be furnished a copy of a general appropriations bill under 481 subsection (4) may officially request that an electronic copy of 482 the bill be furnished in lieu of a printed copy, and, if 483 practicable, the copy may be furnished to the official in the 484 manner requested. 485 (6) The Secretary of the Senate shall be responsible for 486 furnishing copies under this rule for Senate bills, House bills 487 as amended by the Senate, and conference committee reports on 488 Senate bills. The Clerk of the House shall be responsible for 489 furnishing copies under this rule for House bills, Senate bills 490 as amended by the House, and conference committee reports on 491 House bills. 492 (7) The 72-hour public review period shall begin to run 493 upon completion of the furnishing of copies required to be 494 furnished under subsection (4). The Speaker of the House of 495 Representatives and the President of the Senate, as appropriate, 496 shall be informed of the completion time, and such time shall be 497 announced on the floor prior to vote on final passage in each 498 house and shall be entered in the journal of each house. 499 Saturdays, Sundays, and holidays shall be included in the 500 computation under this rule. 501 (8) An implementing or conforming bill recommended by a 502 conference committee shall be subject to a 24-hour public review 503 period before a vote is taken on the conference committee report 504 by either house, if the conference committee submits its report 505 after the furnishing of a general appropriations bill to which 506 the 72-hour public review period applies. 507 (9) With respect to each bill that may be affected, a 508 member of the Senate or the House of Representatives may not 509 raise a point of order under this rule after a vote is taken on 510 the bill. Except as may be required by the Florida Constitution, 511 noncompliance with any requirement of this rule may be waived by 512 a two-thirds vote of those members present and voting in each 513 house. 514 515 2.2—General Appropriations and Related Bills; Definitions 516 As used in Joint Rule Two, the term: 517 (1) “Conforming bill” means a bill that amends the Florida 518 Statutes to conform to a general appropriations bill. 519 (2) “General appropriations bill” means a bill that 520 provides for the salaries of public officers and other current 521 expenses of the state and contains no subject other than 522 appropriations. A bill that contains appropriations that are 523 incidental and necessary solely to implement a substantive law 524 is not included within this term. For the purposes of Joint Rule 525 Two and Section 19(d) of Article III of the Florida 526 Constitution, the Legislature hereby determines that, after a 527 general appropriations bill has been enacted and establishes 528 governing law for a particular fiscal year, a bill considered in 529 any subsequent session that makes net reductions in such enacted 530 appropriations or that makes supplemental appropriations shall 531 not be deemed to be a general appropriations bill unless such 532 bill provides for the salaries of public officers and other 533 current expenses of the state for a subsequent fiscal year. 534 (3) “Implementing bill” means a bill, effective for one 535 fiscal year, implementing a general appropriations bill. 536 537 Joint Rule Three—Joint Offices and Policies 538 539 3.1—Joint Legislative Offices 540 (1) The following offices of the Legislature are 541 established: 542 (a) Office of Economic and Demographic Research. 543 (b) Office of Legislative Information Technology Services. 544 (c) Office of Legislative Services. 545 (d) Office of Program Policy Analysis and Government 546 Accountability. 547 (2) Offices established under this rule shall provide 548 support services to the Legislature that are determined by the 549 President of the Senate and the Speaker of the House of 550 Representatives to be necessary and that can be effectively 551 provided jointly to both houses and other units of the 552 Legislature. Each office shall be directed by a coordinator 553 selected by and serving at the pleasure of the President of the 554 Senate and the Speaker of the House of Representatives. Upon the 555 initial adoption of these joint rules in a biennium, each 556 coordinator position shall be deemed vacant until an appointment 557 is made. 558 (3) Within the monetary limitations of the approved 559 operating budget, the salaries and expenses of the coordinator 560 and the staff of each office shall be governed by joint 561 policies. 562 (4) The Office of Legislative Services shall provide 563 legislative support services other than those prescribed in 564 subsections (5)-(7). 565 (5) The Office of Legislative Information Technology 566 Services shall provide support services to assist the 567 Legislature in achieving its objectives through the application 568 of cost-effective information technology. 569 (6) The Office of Economic and Demographic Research shall 570 provide research support services, principally regarding 571 forecasting economic and social trends that affect policymaking, 572 revenues, and appropriations. 573 (7) The Office of Program Policy Analysis and Government 574 Accountability shall: 575 (a) Perform independent examinations, program reviews, and 576 other projects as provided by general law, as provided by 577 concurrent resolution, as directed by the Legislative Auditing 578 Committee, or as directed by the President of the Senate or the 579 Speaker of the House and shall provide recommendations, 580 training, or other services to assist the Legislature. 581 (b) Transmit to the President of the Senate and the Speaker 582 of the House of Representatives, by December 1 of each year, a 583 list of statutory and fiscal changes recommended by office 584 reports. The recommendations shall be presented in two 585 categories: one addressing substantive law and policy issues and 586 the other addressing budget issues. 587 588 3.2—Joint Policies 589 (1) The President of the Senate and the Speaker of the 590 House of Representatives shall jointly adopt policies they 591 consider advisable to carry out the functions of the 592 Legislature. Such policies shall be binding on all employees of 593 joint offices and joint committees. 594 (2) The employees of all joint committees and joint 595 legislative offices shall be under the exclusive control of the 596 Legislature. No officer or agency in the executive or judicial 597 branch shall exercise any manner of control over legislative 598 employees with respect to the exercise of their duties or the 599 terms and conditions of their employment. 600 601 Joint Rule Four—Joint Committees 602 603 4.1—Standing Joint Committees 604 (1) The following standing joint committees are 605 established: 606 (a) Administrative Procedures Committee. 607 (b) Committee on Public Counsel Oversight. 608 (c) Legislative Auditing Committee. 609 (2) No other joint committee shall exist except as agreed 610 to by the presiding officers or by concurrent resolution 611 approved by the Senate and the House of Representatives. 612 (3) Appointments to each standing joint committee shall be 613 made or altered and vacancies shall be filled by the Senate and 614 the House of Representatives in accordance with their respective 615 rules. There shall be appointed to each standing joint committee 616 no fewer than five and no more than seven members from each 617 house. 618 (4)(a) The President of the Senate shall appoint a member 619 of the Senate to serve as the chair, and the Speaker of the 620 House of Representatives shall appoint a member of the House of 621 Representatives to serve as the vice chair, for: 622 1. The Legislative Auditing Committee and the Committee on 623 Public Counsel Oversight, for the period from the Organization 624 Session until noon on December 1 of the calendar year following 625 the general election. 626 2. The Administrative Procedures Committee for the period 627 from noon on December 1 of the calendar year following the 628 general election until the next general election. 629 (b) The Speaker of the House of Representatives shall 630 appoint a member of the House of Representatives to serve as the 631 chair, and the President of the Senate shall appoint a member of 632 the Senate to serve as the vice chair, for: 633 1. The Legislative Auditing Committee and the Committee on 634 Public Counsel Oversight, for the period from noon on December 1 635 of the calendar year following the general election until the 636 next general election. 637 2. The Administrative Procedures Committee for the period 638 from the Organization Session until noon on December 1 of the 639 calendar year following the general election. 640 (c) A vacancy in an appointed chair or vice chair shall be 641 filled in the same manner as the original appointment. 642 643 4.2—Procedures in Joint Committees 644 The following rules shall govern procedures in joint committees 645 other than conference committees: 646 (1) A quorum for a joint committee shall be a majority of 647 the appointees of each house. No business of any type may be 648 conducted in the absence of a quorum. 649 (2)(a) Joint committees shall meet only within the dates, 650 times, and locations authorized by both the President of the 651 Senate and the Speaker of the House of Representatives. 652 (b) Joint committee meetings shall meet at the call of the 653 chair. In the absence of the chair, the vice chair shall assume 654 the duty to convene and preside over meetings and such other 655 duties as provided by law or joint rule. During a meeting 656 properly convened, the presiding chair may temporarily assign 657 the duty to preside at that meeting to another joint committee 658 member until the assignment is relinquished or revoked. 659 (c) Before any joint committee may hold a meeting, a notice 660 of such meeting shall be provided to the Secretary of the Senate 661 and the Clerk of the House of Representatives no later than 4:30 662 p.m. of the 7th day before the meeting. For purposes of 663 effecting notice to members of the house to which the chair does 664 not belong, notice to the Secretary of the Senate shall be 665 deemed notice to members of the Senate and notice to the Clerk 666 of the House shall be deemed notice to members of the House of 667 Representatives. Noticed meetings may be canceled by the chair 668 with the approval of at least one presiding officer. 669 (d) If a majority of its members from each house agree, a 670 joint committee may continue a properly noticed meeting after 671 the expiration of the time called for the meeting. However, a 672 joint committee may not meet beyond the time authorized by the 673 presiding officers without special leave granted by both 674 presiding officers. 675 (3) The presiding officers shall interpret, apply, and 676 enforce rules governing joint committees by agreement when the 677 rule at issue is a joint rule. Unless otherwise determined or 678 overruled by an agreement of the presiding officers, the chair 679 shall determine all questions of order arising in joint 680 committee meetings, but such determinations may be appealed to 681 the committee during the meeting. 682 (4) Each question, including any appeal of a ruling of the 683 chair, shall be decided by a majority vote of the members of the 684 joint committee of each house present and voting. 685 686 4.3—Powers of Joint Committees 687 (1) A joint committee may exercise the subpoena powers 688 vested by law in a standing committee of the Legislature. A 689 subpoena issued under this rule must be approved and signed by 690 the President of the Senate and the Speaker of the House of 691 Representatives and attested by the Secretary of the Senate and 692 the Clerk of the House. 693 (2) A joint committee may adopt rules of procedure that do 694 not conflict with the Florida Constitution or any law or joint 695 rule, subject to the joint approval of the President of the 696 Senate and the Speaker of the House of Representatives. 697 (3) A joint committee may not create subcommittees or 698 workgroups unless authorized by both presiding officers. 699 700 4.4—Administration of Joint Committees 701 (1) Within the monetary limitations of the approved 702 operating budget, the expenses of the members and the salaries 703 and expenses of the staff of each joint committee shall be 704 governed by joint policies adopted under Joint Rule 3.2. Within 705 such operating budget, the chair of each joint committee shall 706 approve all authorized member expenses. 707 (2) Subject to joint policies adopted under Joint Rule 3.2, 708 the presiding officers shall appoint and remove the staff 709 director and, if needed, a general counsel and any other staff 710 necessary to assist each joint committee. All joint committee 711 staff shall serve at the pleasure of the presiding officers. 712 Upon the initial adoption of these joint rules in a biennium, 713 each joint committee staff director position shall be deemed 714 vacant until an appointment is made. 715 716 4.5—Special Powers and Duties of the Legislative Auditing 717 Committee 718 (1) The Legislative Auditing Committee may direct the 719 Auditor General or the Office of Program Policy Analysis and 720 Government Accountability to conduct an audit, review, or 721 examination of any entity or record described in s. 11.45(2) or 722 (3), Florida Statutes. 723 (2) The Legislative Auditing Committee may receive requests 724 for audits and reviews from legislators and any audit request, 725 petition for audit, or other matter for investigation directed 726 or referred to it pursuant to general law. The committee may 727 make any appropriate disposition of such requests or referrals 728 and shall, within a reasonable time, report to the requesting 729 party the disposition of any audit request. 730 (3) The Legislative Auditing Committee may review the 731 performance of the Auditor General and report thereon to the 732 Senate and the House of Representatives. 733 734 4.6—Special Powers and Duties of the Administrative Procedures 735 Committee 736 The Administrative Procedures Committee shall: 737 (1) Maintain a continuous review of the statutory authority 738 on which each administrative rule is based and, whenever such 739 authority is eliminated or significantly changed by repeal, 740 amendment, holding by a court of last resort, or other factor, 741 advise the agency concerned of the fact. 742 (2) Maintain a continuous review of administrative rules 743 and identify and request an agency to repeal any rule or any 744 provision of any rule that reiterates or paraphrases any statute 745 or for which the statutory authority has been repealed. 746 (3) Review administrative rules and advise the agencies 747 concerned of its findings. 748 (4) Exercise the duties prescribed by chapter 120, Florida 749 Statutes, concerning the adoption and promulgation of rules. 750 (5) Generally review agency action pursuant to the 751 operation of chapter 120, Florida Statutes, the Administrative 752 Procedure Act. 753 (6) Report to the President of the Senate and the Speaker 754 of the House of Representatives at least annually, no later than 755 the first week of the regular session, and recommend needed 756 legislation or other appropriate action. Such report shall 757 include the number of objections voted by the committee, the 758 number of suspensions recommended by the committee, the number 759 of administrative determinations filed on the invalidity of a 760 proposed or existing rule, the number of petitions for judicial 761 review filed on the invalidity of a proposed or existing rule, 762 and the outcomes of such actions. Such report shall also include 763 any recommendations provided to the standing committees during 764 the preceding year under subsection (11). 765 (7) Consult regularly with legislative standing committees 766 that have jurisdiction over the subject areas addressed in 767 agency proposed rules regarding legislative authority for the 768 proposed rules and other matters relating to legislative 769 authority for agency action. 770 (8) Subject to the approval of the President of the Senate 771 and the Speaker of the House of Representatives, have standing 772 to seek judicial review, on behalf of the Legislature or the 773 citizens of this state, of the validity or invalidity of any 774 administrative rule to which the committee has voted an 775 objection and that has not been withdrawn, modified, repealed, 776 or amended to meet the objection. Judicial review under this 777 subsection may not be initiated until the Governor and the head 778 of the agency making the rule to which the committee has 779 objected have been notified of the committee’s proposed action 780 and have been given a reasonable opportunity, not to exceed 60 781 days, for consultation with the committee. The committee may 782 expend public funds from its appropriation for the purpose of 783 seeking judicial review. 784 (9) Maintain a continuous review of the administrative 785 rulemaking process, including a review of agency procedure and 786 of complaints based on such agency procedure. 787 (10) Establish measurement criteria to evaluate whether 788 agencies are complying with the delegation of legislative 789 authority in adopting and implementing rules. 790 (11) Maintain a continuous review of statutes that 791 authorize agencies to adopt rules and shall make recommendations 792 to the appropriate standing committees of the Senate and the 793 House of Representatives as to the advisability of considering 794 changes to the delegated legislative authority to adopt rules in 795 specific circumstances. 796 797 4.7—Special Powers and Duties of the Committee on Public Counsel 798 Oversight 799 (1) The Committee on Public Counsel Oversight shall appoint 800 a Public Counsel. 801 (2) The Committee on Public Counsel Oversight may file a 802 complaint with the Commission on Ethics alleging a violation of 803 chapter 350, Florida Statutes, by a current or former public 804 service commissioner, an employee of the Public Service 805 Commission, or a member of the Public Service Commission 806 Nominating Council. 807 (3) Notwithstanding Joint Rule 4.4(2), the Committee on 808 Public Counsel Oversight shall not have any permanent staff but 809 shall be served as needed by other legislative staff selected by 810 the President of the Senate and the Speaker of the House of 811 Representatives. 812 813 Joint Rule Five—Auditor General 814 815 5.1—Rulemaking Authority 816 The Auditor General shall make and enforce reasonable rules and 817 regulations necessary to facilitate audits that he or she is 818 authorized to perform. 819 820 5.2—Budget and Accounting 821 (1) The Auditor General shall prepare and submit annually 822 to the President of the Senate and the Speaker of the House of 823 Representatives for their joint approval a proposed budget for 824 the ensuing fiscal year. 825 (2) Within the limitations of the approved operating 826 budget, the salaries and expenses of the Auditor General and the 827 staff of the Auditor General shall be paid from the 828 appropriation for legislative expense or any other moneys 829 appropriated by the Legislature for that purpose. The Auditor 830 General shall approve all bills for salaries and expenses for 831 his or her staff before the same shall be paid. 832 833 5.3—Audit Report Distribution 834 (1) A copy of each audit report shall be submitted to the 835 Governor, to the Chief Financial Officer, and to the officer or 836 person in charge of the state agency or political subdivision 837 audited. One copy shall be filed as a permanent public record in 838 the office of the Auditor General. In the case of county 839 reports, one copy of the report of each county office, school 840 district, or other district audited shall be submitted to the 841 board of county commissioners of the county in which the audit 842 was made and shall be filed in the office of the clerk of the 843 circuit court of that county as a public record. When an audit 844 is made of the records of the district school board, a copy of 845 the audit report shall also be filed with the district school 846 board, and thereupon such report shall become a part of the 847 public records of such board. 848 (2) A copy of each audit report shall be made available to 849 each member of the Legislative Auditing Committee. 850 (3) The Auditor General shall transmit a copy of each audit 851 report to the appropriate substantive and fiscal committees of 852 the Senate and House of Representatives. 853 (4) Other copies may be furnished to other persons who, in 854 the opinion of the Auditor General, are directly interested in 855 the audit or who have a duty to perform in connection therewith. 856 (5) The Auditor General shall transmit to the President of 857 the Senate and the Speaker of the House of Representatives, by 858 December 1 of each year, a list of statutory and fiscal changes 859 recommended by audit reports. The recommendations shall be 860 presented in two categories: one addressing substantive law and 861 policy issues and the other addressing budget issues. The 862 Auditor General may also transmit recommendations at other times 863 of the year when the information would be timely and useful for 864 the Legislature. 865 (6) A copy required to be provided under this rule may be 866 provided in an electronic or other digital format if the Auditor 867 General determines that the intended recipient has appropriate 868 resources to review the copy. Copies to members, committees, and 869 offices of the Legislature shall be provided in electronic 870 format as may be provided in joint policies adopted under Joint 871 Rule 3.2. 872 873 Joint Rule Six—Joint Legislative Budget Commission 874 875 6.1—General Responsibilities 876 (1) The commission, as provided in chapter 216, Florida 877 Statutes, shall receive and review notices of budget and 878 personnel actions taken or proposed to be taken by the executive 879 and judicial branches and shall approve or disapprove such 880 actions. 881 (2) Through its chair, the commission shall advise the 882 Governor and the Chief Justice of actions or proposed actions 883 that exceed delegated authority or that are contrary to 884 legislative policy and intent. 885 (3) To the extent possible, the commission shall inform 886 members of the Legislature of budget amendments requested by the 887 executive or judicial branches. 888 (4) The commission shall consult with the Chief Financial 889 Officer and the Executive Office of the Governor on matters as 890 required by chapter 216, Florida Statutes. 891 (5) The President of the Senate and the Speaker of the 892 House of Representatives may jointly assign other 893 responsibilities to the commission in addition to those assigned 894 by law. 895 (6) The commission shall develop policies and procedures 896 necessary to carry out its assigned responsibilities, subject to 897 the joint approval of the President of the Senate and the 898 Speaker of the House of Representatives. 899 (7) The commission, with the approval of the President of 900 the Senate and the Speaker of the House of Representatives, may 901 appoint subcommittees as necessary to facilitate its work. 902 903 6.2—Organizational Structure 904 (1) The commission is not subject to Joint Rule Four. The 905 commission shall be composed of seven members of the Senate 906 appointed by the President of the Senate and seven members of 907 the House of Representatives appointed by the Speaker of the 908 House of Representatives. 909 (2) The commission shall be jointly staffed by the 910 appropriations committees of both houses. The Senate shall 911 provide the lead staff when the chair of the commission is a 912 member of the Senate. The House of Representatives shall provide 913 the lead staff when the chair of the commission is a member of 914 the House of Representatives. 915 916 6.3—Notice of Commission Meetings 917 Not less than 7 days prior to a meeting of the commission, a 918 notice of the meeting, stating the items to be considered, date, 919 time, and place, shall be filed with the Secretary of the Senate 920 when the chair of the commission is a member of the Senate or 921 with the Clerk of the House when the chair of the commission is 922 a member of the House of Representatives. The Secretary of the 923 Senate or the Clerk of the House shall distribute notice to the 924 Legislature and the public, consistent with the rules and 925 policies of their respective houses. 926 927 6.4—Effect of Adoption; Intent 928 This Joint Rule Six replaces all prior joint rules governing the 929 Joint Legislative Budget Commission and is intended to implement 930 constitutional provisions relating to the Joint Legislative 931 Budget Commission existing as of the date of the rule’s 932 adoption. 933 934 Joint Rule Seven—Qualifications of Members 935 936 7.1—Residency 937 (1) A member shall be a legal resident and elector of his 938 or her district at the time of election and shall maintain his 939 or her legal residence within that district for the duration of 940 his or her term of office. While a member may have multiple 941 residences, he or she shall have only one legal residence. The 942 legal residence of a member at a designated location is 943 demonstrated by a totality of the circumstances. Factors to be 944 considered include, but are not limited to: 945 (a) Where one claims to reside, as reflected in statements 946 to others or in official documents; 947 (b) The abandonment of a prior legal residence, as 948 evidenced by moving from or selling a prior legal residence; 949 (c) The abandonment of rights and privileges associated 950 with a prior legal residence; 951 (d) Where one is registered as a voter; 952 (e) Where one claims a legal residence for a homestead 953 exemption; 954 (f) Where one claims a legal residence for a driver license 955 or other government privilege or benefit; 956 (g) The transfer of one’s bank accounts to the district 957 where one maintains a legal residence; 958 (h) Where one’s spouse and minor children maintain a legal 959 residence, work, and attend school; 960 (i) Where one receives mail and other correspondence; 961 (j) Where one customarily resides; 962 (k) Where one conducts business affairs; 963 (l) Where one rents or leases property; and 964 (m) Where one plans the construction of a new legal 965 residence. 966 (2) In accordance with Section 3 of Article X of the 967 Florida Constitution, a vacancy in office occurs when a member 968 fails to maintain a legal residence within his or her district 969 as required at the time of election. 970 (3) In accordance with Section 2 of Article III of the 971 Florida Constitution, each house of the Legislature shall be the 972 sole judge of the qualifications of its members, including 973 whether a member no longer satisfies his or her qualifications 974 for office. 975 (4) Each member shall affirm in writing that he or she is a 976 legal resident and elector of his or her district based on the 977 provisions of this Joint Rule. Each member shall file the 978 written affirmation with the Secretary of the Senate or the 979 Clerk of the House of Representatives before the convening of 980 Organization Session following each general election. For a 981 member who is elected pursuant to a special election, the member 982 must execute the written affirmation before or concurrent with 983 taking the oath of office and provide such affirmation to the 984 Secretary of the Senate or the Clerk of the House of 985 Representatives. The form of the written affirmation shall be 986 prescribed by the Secretary of the Senate and the Clerk of the 987 House of Representatives for members of their respective house 988 of the Legislature.