HR 1O

1
House Resolution
2A resolution establishing the Rules of the House of
3Representatives of the State of Florida for the 2010-2012
4term.
5
6Be It Resolved by the House of Representatives of the State of
7Florida:
8
9     That the following rules shall govern the House of
10Representatives of the State of Florida for the 2010-2012 term:
11
12
RULES OF THE FLORIDA HOUSE OF REPRESENTATIVES
13
14
RULE ONE-LEGISLATIVE ORGANIZATION
15
161.1-Officers of the House
17     (a)  CONSTITUTIONAL OFFICERS. Pursuant to Section 2 of
18Article III of the Florida Constitution:
19     (1)  The House shall choose a permanent presiding officer
20designated Speaker.
21     (2)  The House hereby designates as its clerk the Clerk of
22the House (hereinafter "Clerk"), to be appointed and serve in
23accordance with these rules.
24     (b)  HOUSE LEADERSHIP. In addition to the Speaker, the
25House shall choose a Speaker pro tempore, who shall serve in
26accordance with Rule 2.5. The Speaker shall appoint a Majority
27Leader from among the members of the Majority Conference to
28serve at the pleasure of the Speaker. The Minority Conference
29shall select a Minority Leader from among the members of the
30Minority Conference.
31     (c)  OTHER OFFICERS. The Speaker shall appoint a Clerk and
32a Sergeant at Arms, who shall be employees of the House.
33
341.2-Political Party Conferences
35Conference rules shall be interpreted and enforced solely by the
36respective caucuses.
37
381.3-Seating Challenges
39In the case of a contest for a seat in the House, notice setting
40forth the specific grounds of such contest and the supporting
41evidence must have been received by the Clerk not less than 5
42days before the organization session of the Legislature. No
43motion to disqualify a member shall be in order at the
44organization session until a Speaker has been elected in
45accordance with the Florida Constitution. In the case of a
46special election, notice must have been received by the Clerk
47not less than 5 days before the next regular or special session
48convenes. If the election is during a session or less than 5
49days before the next session, the notice must have been received
50on the next legislative day following the receipt of certified
51election results. A contest setting forth facts sufficient to
52warrant review shall be referred by the Speaker to an
53appropriate committee or subcommittee. The committee or
54subcommittee shall conduct hearings as required and report its
55findings and recommendations to the House. Upon receipt of the
56committee or subcommittee report, the House shall convene with
57all dispatch to determine the contest by a majority vote.
58
59
RULE TWO-POWERS, DUTIES, AND RIGHTS OF THE SPEAKER
60
612.1-Presiding
62The Speaker shall take the chair and call the House to order at
63the hour appointed for meeting and, if a quorum is present,
64shall proceed with the order of business.
65
662.2-Interpreting Rules
67The Speaker shall interpret, apply, and enforce the Rules of the
68House.
69
702.3-Deciding Questions of Order
71     (a)  DETERMINATION BY THE SPEAKER. All questions of order
72shall be presented to the Speaker for determination. The Speaker
73may require the member raising a point of order to cite the rule
74or other authority in support of the question. The Speaker may
75decide the question of order, put such question to the House, or
76refer such question to the Chair of the Rules & Calendar
77Committee for a recommendation to the Speaker. Any decision of
78the Speaker on a point of order is subject to an appeal to the
79House made timely and separately by any five members.
80     (b)  QUESTIONS OF ORDER ARISING IN COMMITTEE OR
81SUBCOMMITTEE. A question of order may be certified by a
82committee or subcommittee chair to the Speaker for determination
83as any other question of order. A question of order decided in
84committee or subcommittee may be appealed to the Speaker,
85provided the appeal is announced in the committee or
86subcommittee meeting, presented in writing, signed by two
87members of the committee or subcommittee, and delivered to the
88applicable chair prior to 4:30 p.m. the next day (excluding
89Saturdays, Sundays, and official state holidays). The appeal
90must then be immediately certified by the chair to the Speaker,
91who shall decide the question as any other question of order.
92The certification or appeal of a question arising in committee
93or subcommittee does not constitute an automatic stay of further
94action on the measure to which the question relates.
95     (c)  APPEAL TO THE HOUSE. When a decision of the Speaker on
96a question of order is appealed, the Speaker shall put the
97appeal to the House. No member may speak more than once, or for
98more than 3 minutes, on an appeal unless given leave by the
99House by majority vote.
100     (d)  DECISIONS NOT SUBJECT TO APPEAL. Responses to
101parliamentary inquiries and decisions of recognition made by the
102Speaker may not be appealed.
103
1042.4-Execution of Documents
105The Speaker shall sign all bills and all writs, warrants, and
106subpoenas issued by order of the House, all of which shall be
107attested to by the Clerk. The Speaker may delegate the authority
108to sign papers authorizing payments or other papers of an
109administrative nature.
110
1112.5-Appointment of a Temporary Presiding Officer
112     (a)  The Speaker may appoint any member to perform the
113duties of presiding officer for a temporary period of time not
114to extend beyond a single legislative day.
115     (b)  If the Speaker is absent and has not appointed a
116presiding officer pursuant to subsection (a), the Speaker pro
117tempore shall act as presiding officer during the Speaker's
118absence. However, if the Speaker pro tempore is also absent and
119has not appointed a presiding officer pursuant to subsection
120(a), the Chair of the Rules & Calendar Committee shall act as
121presiding officer during the absence of both the Speaker and
122Speaker pro tempore.
123     (c)  Upon the Speaker's incapacity or other inability to
124serve, the Speaker pro tempore shall exercise the duties,
125powers, and prerogatives of the Speaker during the period of
126such incapacity or other inability to serve.
127     (d)  The Speaker pro tempore shall exercise the duties,
128powers, and prerogatives of the Speaker in the event of the
129Speaker's death or resignation until the Speaker's successor is
130elected.
131
1322.6-Protecting the Interests of the House
133The Speaker may initiate, defend, intervene in, or otherwise
134participate in any suit on behalf of the House, a committee or
135subcommittee of the House, a member of the House (whether in the
136legal capacity of member or otherwise), a former member of the
137House, or an officer, employee, or agent of the House when the
138Speaker determines that such suit is of significant interest to
139the House.
140
1412.7-Control of House Facilities
142The Speaker shall have administrative control of the Chamber
143when the House is not in session and of every other room, lobby,
144and gallery of the House.
145
146
RULE THREE-MEMBERS
147
1483.1-Membership
149The House shall exercise its right to be the sole judge of the
150qualifications, elections, and returns of its members.
151
1523.2-Voting Obligation
153Except when abstention is required, every member shall have an
154obligation to vote on all matters that come before the House in
155session or before any committee or subcommittee to which the
156member is appointed. A member may not vote by proxy. A member
157may register an electronic vote in the Chamber for another
158member at the other member's specific request and direction,
159provided the requesting member is in the Chamber during the
160vote.
161     (a)  ABSTENTION ON MATTERS OF SPECIAL PRIVATE GAIN OR LOSS.
162A member may not vote on any measure that the member knows or
163believes would inure to the member's special private gain or
164loss. The member must disclose the nature of the member's
165interest in the matter from which the member is required to
166abstain.
167     (b)  DISCLOSURE ON MATTERS OF SPECIAL PRIVATE GAIN OR LOSS
168TO FAMILY OR PRINCIPALS.
169     (1)  When voting on any measure that the member knows or
170believes would inure to the special private gain or loss of:
171     a.  Any principal by whom the member or the member's
172spouse, parent, or child is retained or employed;
173     b.  Any parent organization or subsidiary of a corporate
174principal by which the member is retained or employed; or
175     c.  A relative or business associate of the member,
176
177the member must disclose the nature of the interest of such
178person in the outcome of the vote.
179     (2)  For the purpose of this rule, the term:
180     a.  "Relative" means any father, mother, son, daughter,
181husband, wife, brother, sister, father-in-law, mother-in-law,
182son-in-law, or daughter-in-law.
183     b.  "Business associate" means any person or entity engaged
184in or carrying on a business enterprise with the member as a
185partner, joint venturer, corporate shareholder where the shares
186of such corporation are not listed on any national or regional
187stock exchange, or co-owner of property.
188     (c)  METHODS OF DISCLOSURE. If the vote is taken on the
189floor, disclosure under this rule or under any related law shall
190be accomplished by filing with the Clerk, within 15 days after
191the vote occurs, a memorandum the substance of which shall be
192printed in the Journal. If the vote is taken in a committee or
193subcommittee, the memorandum shall be filed, within 15 days
194after the vote occurs, with the committee or subcommittee
195administrative assistant, who shall file such memorandum in the
196committee or subcommittee files and with the Clerk.
197
1983.3-Attendance Obligation
199     (a)  COMMITTEE AND SUBCOMMITTEE MEETING ATTENDANCE. A
200member shall attend all meetings of committees and subcommittees
201to which appointed unless excused by the chair or by the
202Speaker. Excuse from a House session shall constitute excuse
203from that day's meetings. Failure to attend two consecutive
204meetings, unless excused, shall constitute automatic removal
205from the committee or subcommittee and create a vacancy. Upon
206notification of automatic removal, the Speaker may make an
207appointment to fill such vacancy.
208     (b)  SESSION ATTENDANCE.
209     (1)  A member may not be absent from the sessions of the
210House without approval from the Speaker. Upon written request of
211a member submitted in a timely manner, the Speaker may, by
212written notice to the Clerk, excuse the member from attendance
213for any stated period. It shall be the responsibility of the
214excused member to advise the Clerk when leaving and returning to
215the Chamber.
216     (2)  Any member who has answered roll call, either orally
217or by electronic means, at the opening of any daily session, or
218who enters after the initial quorum call and informs the Clerk
219of the member's presence, shall thereafter be presumed present
220unless necessarily prevented or leave of absence is obtained
221from the Speaker. The Speaker shall make any determination as to
222whether a member was necessarily prevented.
223
2243.4-Open Meetings
225     (a)  Subject to order and decorum, each member shall
226provide reasonable access to members of the public to any
227meeting between such member and more than one other member of
228the Legislature, if such members of the public have requested
229admission and such meeting has been prearranged for the purpose
230of agreeing to take formal legislative action on pending
231legislation or amendments at such meeting or at a subsequent
232time.
233     (b)  Subject to order and decorum, a member of the public
234requesting admission shall have reasonable access to any meeting
235between the Speaker, the Senate President, or the Governor, if
236such meeting has been prearranged for the purpose of agreeing to
237take formal legislative action on pending legislation or
238amendments at a subsequent time.
239     (c)  No meeting required by these rules to be open to
240members of the public shall be conducted in the Members' Lounge,
241at any location that is closed to the public, or at any location
242that a participating member knows prohibits admission on the
243basis of race, religion, gender, national origin, physical
244disability, or similar classification.
245     (d)  Meetings conducted in the Chamber of either the House
246or the Senate while such body is in session shall be considered
247to be held at a location providing reasonable access to, and to
248be reasonably open to, the public.
249     (e)  When the number of persons attending a meeting subject
250to this rule must be limited because of space considerations or
251otherwise for the maintenance of order or decorum, at least one
252representative each of the print, radio, and television media
253shall be included among the members of the public admitted, if
254such persons have requested admission.
255     (f)  For the purpose of this rule, and as used in Section 4
256of Article III of the Florida Constitution, legislation shall be
257considered pending if filed with the Clerk. An amendment shall
258be considered pending if it has been delivered to the
259administrative assistant of a committee or subcommittee in which
260the legislation is pending or to the Clerk, if the amendment is
261to a bill that has been reported favorably by each committee or
262subcommittee of reference, and the term "formal legislative
263action" shall include any vote of the House or Senate, or of a
264committee or subcommittee of either house, on final passage or
265on a motion other than a motion to adjourn or recess.
266
267
RULE FOUR-DUTIES OF CLERK,
268
SERGEANT AT ARMS, AND EMPLOYEES
269
2704.1-The Clerk
271     (a)  The Clerk serves at the pleasure of the Speaker. The
272Clerk shall:
273     (1)  Be the custodian of all bills, resolutions, and
274memorials. No member or other person may take possession of an
275original bill, after filing, with the intention of depriving the
276Legislature of its availability for consideration.
277     (2)  Provide for the keeping of a complete record of
278introduction and action on all bills, resolutions, and
279memorials, including each number, each sponsor, each cosponsor,
280a brief description of the subject matter, and each committee
281and subcommittee reference.
282     (3)  Keep a correct journal of proceedings of the House.
283The Journal shall be numbered serially and published from the
284first day of each session of the Legislature.
285     (4)  Superintend the engrossing and transmitting of bills,
286resolutions, and memorials and approve the enrolling of all
287House bills.
288     (5)  Sign and receive necessary papers in the name of the
289House between a general election and election of the Speaker.
290     (6)  Perform any other duties assigned by the Speaker.
291     (b)  It shall be a ministerial duty of the Clerk to attest
292to all writs issued by order of the House and to the passage of
293all legislative measures.
294
2954.2-The Sergeant at Arms
296The Sergeant at Arms (hereinafter "Sergeant") serves at the
297pleasure of the Speaker. The Sergeant shall attend the House
298during its sittings and maintain order under the direction of
299the Speaker or other presiding officer. In case of any
300disturbance or disorderly conduct within the Chamber, corridors,
301passages, lobby, galleries, and rooms of the House, whether in
302the Capitol or elsewhere, the Speaker may order the Sergeant to
303suppress the same and may order the Sergeant to remove any
304person creating any disturbance. The Sergeant will ensure that
305no person is admitted to the Chamber except in accordance with
306these rules. The Sergeant shall oversee the security of the
307House and its members when engaged in their constitutional
308duties and perform other duties under the command and
309supervision of the Speaker.
310
3114.3-The Employees
312The Speaker shall employ all employees of the House and shall
313determine their qualifications, duties, hours of work, and
314compensation, including perquisites and other benefits. All
315employees work for and serve at the pleasure of the Speaker. The
316Speaker has the right to dismiss any employee of the House
317without cause, and the pay of such employee shall stop on the
318designated day of dismissal. Except when operating under
319direction from a member with authority over the designated
320employee, no House employee shall seek to influence the passage
321or rejection of proposed legislation.
322
323
RULE FIVE-FORM AND INTRODUCTION OF BILLS
324
3255.1-"Bill" Stands for All Legislation
326Except when the context otherwise indicates, "bill," as used in
327these rules, means a bill, joint resolution, concurrent
328resolution, resolution, memorial, or other measure upon which a
329committee or subcommittee may be required to report.
330
3315.2-Member Bill Filing Deadline
332Filing deadlines for member bills shall be as follows:
333     (a)  No general bill, local bill, joint resolution,
334concurrent resolution (except one relating to extension of a
335session or legislative organization or procedures), substantive
336House resolution, or memorial shall be given first reading
337unless approved for filing with the Clerk no later than noon of
338the first day of the regular session.
339     (b)  No ceremonial resolution shall be given first reading
340unless approved for filing with the Clerk prior to the 46th day
341of regular session.
342
3435.3-Limitation on Member Bills Filed
344     (a)  A member may not file more than six bills for a
345regular session. For purposes of this rule, the member
346considered to have filed a bill is the first-named sponsor of
347the bill.
348     (1)  Of the six bills for the 2011 regular session, at
349least two must be approved for filing with the Clerk no later
350than noon of the 6th Tuesday prior to the first day of that
351regular session.
352     (2)  Of the six bills for the 2012 regular session, at
353least two must be approved for filing with the Clerk no later
354than noon of the 5th Tuesday prior to the first day of that
355regular session.
356     (b)  Bills not counted toward these limits include:
357     (1)  Local bills, including local claim bills.
358     (2)  Ceremonial House resolutions.
359     (3)  Memorials.
360     (4)  Concurrent resolutions relating to extension of a
361session or legislative organization or procedures.
362     (5)  Trust fund bills adhering to another bill.
363     (6)  Public records or public meetings exemption bills
364adhering to another bill.
365     (7)  General bills adhering to a joint resolution.
366     (8)  Bills that only repeal or delete, without substantive
367replacement, provisions of the Florida Statutes or Laws of
368Florida.
369     (9)  Bills withdrawn from further consideration prior to
370the applicable filing deadline.
371     (c)  A member may file an additional bill after the first
372committee or subcommittee of reference reports a repealer bill
373as described in paragraph (b)(8) favorably or favorably as a
374committee or subcommittee substitute. The additional bill must
375be approved for filing with the Clerk by noon of the 21st day of
376regular session. No more than three additional bills may be
377filed under this subsection.
378
3795.4-Forms of Measures; Sponsorship Transactions
380     (a)  To be acceptable for introduction, all bills shall be
381produced in accordance with standards approved by the Speaker.
382     (b)  No member may be added or deleted as a sponsor or
383cosponsor of a bill without the member's consent. A member
384desiring to be a cosponsor must submit to the Clerk a
385cosponsorship request agreed to by the first-named sponsor. A
386member may withdraw as a cosponsor by submitting a request to
387the Clerk.
388     (c)  Bills that propose to amend existing provisions of law
389shall contain the full text of the section, subsection, or
390paragraph to be amended. Joint resolutions that propose to amend
391the Florida Constitution shall contain the full text of the
392section to be amended. As to those portions of general bills and
393joint resolutions that propose to amend existing provisions of
394the Florida Statutes or the Florida Constitution, words to be
395added shall be inserted in the text underlined and words to be
396deleted shall be lined through with hyphens. If the change in
397language is so general that the use of these procedures would
398hinder, rather than assist, the understanding of the amendment,
399it is not necessary to use the coded indicators of words added
400or deleted, but, in lieu thereof, a notation similar to the
401following shall be inserted immediately preceding the affected
402section of the bill: "Substantial rewording of section. See s.  
403. . . . , F.S., for present text." When such a notation is used,
404the notation, as well as the substantially reworded text, shall
405be underlined. The words to be deleted and the above-described
406indicators of such words and of new material are for information
407and guidance and do not constitute a part of the bill under
408consideration. Numerals in the margins of the line-numbered
409pages do not constitute a part of the bill and are shown on each
410page only for convenience in identifying lines. Section
411catchlines of existing text shall not be underlined, nor shall
412any other portion of a bill covered by this rule other than new
413material.
414
4155.5-Local Bills
416     (a)  If the substance of a local bill may be enacted into
417law by ordinance of a local governing body without the legal
418need for a referendum, no committee or subcommittee may report
419the bill favorably.
420     (b)  A local bill that provides an exemption from general
421law may not be placed on the Special Order Calendar in any
422section reserved for the expedited consideration of local bills.
423     (c)  All local bills, including local claim bills, must
424either, as required by Section 10 of Article III of the Florida
425Constitution, embody provisions for a ratifying referendum
426(stated in the title as well as in the text of the bill) or be
427accompanied by an affidavit of proper advertisement, securely
428attached to the original bill ahead of its first page.
429
4305.6-Claim Bills
431     (a)  The Speaker may appoint a Special Master to review a
432claim bill or conduct a hearing, if necessary. The Special
433Master may administer an oath to all witnesses, accept relevant
434documentary and tangible evidence offered as deemed necessary,
435and record the hearing. The Special Master may prepare a final
436report containing findings of fact, conclusions of law, and
437recommendations. The report shall be signed by the Special
438Master, who shall be available, in person, to explain his or her
439report to any committee or subcommittee of reference.
440     (b)  Stipulations entered into by the parties are not
441binding on the Special Master or the House or any of its
442committees or subcommittees.
443     (c)  The hearing and consideration of a claim bill shall be
444held in abeyance until all available administrative and judicial
445remedies have been exhausted, except that the hearing and
446consideration of a claim that is still within the judicial or
447administrative system may proceed when the parties have executed
448a written settlement agreement.
449
4505.7-Reviser's Bills
451Reviser's bills shall be introduced by the Rules & Calendar
452Committee, which may request prior review by another committee
453or subcommittee.
454
4555.8-Legislative Reapportionment and Congressional Redistricting
456Bills and Amendments
457Bills and amendments proposing any reapportionment or
458redistricting of the state's legislative or congressional
459districts shall be submitted to the Redistricting Committee in
460the form prescribed by the Speaker. The committee staff of the
461Redistricting Committee shall submit such proposals to the House
462Bill Drafting Service as requested by the sponsor. After final
463drafting, approval for filing shall be in the ordinary manner.
464
4655.9-Memorials
466A memorial expresses the opinion of the Legislature to the
467federal government. All memorials shall contain the resolving
468clause "Be It Resolved by the Legislature of the State of
469Florida:".
470
4715.10-House Resolutions; Concurrent Resolutions; Tributes
472     (a)  All House resolutions and all concurrent resolutions
473originating in the House shall contain a title and a resolving
474clause. In the case of House resolutions, the resolving clause
475shall be "Be It Resolved by the House of Representatives of the
476State of Florida:". In the case of concurrent resolutions
477originating in the House, the resolving clause shall be "Be It
478Resolved by the House of Representatives of the State of
479Florida, the Senate Concurring:". Concurrent resolutions
480originating in the House shall present only questions pertaining
481to extension of a session, enactment of joint rules,
482ratification of federal constitutional amendments,
483communications with the judiciary, actions taken pursuant to
484federal law not requiring gubernatorial approval, or other
485exclusively legislative matters.
486     (b)  All ceremonial House resolutions shall be reviewed and
487approved by the Chair of the Rules & Calendar Committee before
488introduction.
489     (c)  Copies of House resolutions shall be furnished by the
490Clerk. The Secretary of State shall be requested to prepare
491certified copies of concurrent resolutions after their adoption.
492     (d)  Any matter commemorating local achievement,
493condolences, or other recognition shall be prepared in
494accordance with standards approved by the Speaker as an
495individual tribute for the member sponsoring the measure.
496
4975.11-Bills Filed During an Interim
498During the period between the organization session and the
499convening of the first regular session of the legislative
500biennium and during the period between the first and second
501regular sessions of the legislative biennium, members may file
502for introduction bills that have been prepared or reviewed by
503the House Bill Drafting Service.
504
5055.12-Requirements for Introduction
506     (a)  All bills (other than an appropriations bill,
507concurrent resolutions relating to organization of the
508Legislature, resolutions relating to organization of the House,
509concurrent resolutions pertaining to extension of a session,
510reviser's bills, bills proposing any reapportionment or
511redistricting of the state's legislative or congressional
512districts, and recall of acts from the Governor) shall either be
513prepared or, in the case of local bills, reviewed by the House
514Bill Drafting Service. After completion and delivery by the
515House Bill Drafting Service, no change may be made in the text
516or title of the bill without returning the bill to the House
517Bill Drafting Service prior to filing.
518     (b)  The House Bill Drafting Service shall notify any
519member proposing a bill of any identical or substantially
520similar bill that has been filed and the name of the sponsor of
521such bill.
522
5235.13-Identification
524Each bill shall be given a number and filed with the Clerk by
525the House Bill Drafting Service. Bills shall be serially
526numbered in an odd-numbered sequence, except that bills of a
527similar type may be serially numbered separately. The Clerk
528shall validate the original copy of each bill, and each page
529thereof, to ensure its identification as the item introduced in
530order to prevent unauthorized or improper substitutions
531therefor.
532
5335.14-Companion Measures
534A companion Senate bill must be substantially similar in
535wording, and identical as to specific intent and purpose, to the
536House bill for which it is being substituted. Whenever a House
537bill is reached on the floor for consideration, either on second
538or third reading, and there is also pending on the Calendar of
539the House a companion bill already passed by the Senate, it
540shall be in order to move that the Senate companion bill be
541substituted and considered in lieu of the House bill. Such
542motion may be adopted by a majority vote, provided the Senate
543bill is on the same reading; otherwise, the motion shall be to
544waive the rules by a two-thirds vote and substitute such Senate
545bill. At the moment the House substitutes the Senate companion
546bill or takes up a Senate bill in lieu of a House bill, the
547House bill so replaced shall be automatically tabled.
548
549
RULE SIX-REFERENCE
550
5516.1-Speaker to Refer Legislation
552The authority to make bill referrals rests with the Speaker,
553except as otherwise provided in these rules.
554
5556.2-Reference: Generally
556     (a)  Bills, upon filing or introduction, whether House or
557Senate, may be referred by the Speaker to one or more committees
558or subcommittees or any combination thereof or to the Calendar
559of the House. The order of reference shall be determined by the
560Speaker.
561     (b)  References of bills and the nature of any documents
562referred shall be recorded in the Journal.
563
5646.3-Reference: Exception
565A Senate bill with a House companion may be paired with the
566companion House bill at whatever its stage of consideration,
567provided both bills are on the same reading.
568
5696.4-Reference of Resolutions, Concurrent Resolutions: Exception
570Resolutions on House organization and concurrent resolutions
571pertaining to extension of the session may be taken up upon
572motion and adopted at the time of introduction without
573reference.
574
5756.5-Appropriations or Tax Measures:  Withdrawal from a Fiscal
576Committee or Subcommittee; Additional Reference
577     (a)  A bill in the possession of a fiscal committee or
578subcommittee that has been amended by report from a committee or
579subcommittee of previous reference to remove its fiscal impact
580may be withdrawn from the fiscal committee or subcommittee on a
581point of order raised by the committee chair of the fiscal
582committee having possession of the bill or jurisdiction over the
583subcommittee having possession of the bill.
584     (b)  If an amendment adopted on the floor of the House
585affects an appropriation or a tax matter, upon a point of order
586made by the chair or vice chair of a fiscal committee, the bill
587may be referred by the Speaker, with the amendment, to an
588appropriate committee or subcommittee. If the bill, as amended
589on the floor, is reported favorably without further amendment,
590it shall be returned to the same reading as when referred. If
591the bill, as amended on the floor, is reported favorably with
592further amendment, it shall be returned to second reading.
593
5946.6-Reference of Veto Messages
595The Speaker may refer veto messages to the appropriate committee
596or subcommittee for a recommendation.
597
598
RULE SEVEN-COMMITTEES AND SUBCOMMITTEES
599
600
PART ONE-Organization
601
6027.1-Standing Committees and Subcommittees
603     (a)  The following standing committees, and the standing
604subcommittees within their respective jurisdictions, are
605established:
606     (1)  Appropriations Committee.
607     a.  Agriculture & Natural Resources Appropriations
608Subcommittee.
609     b.  Government Operations Appropriations Subcommittee.
610     c.  Health Care Appropriations Subcommittee.
611     d.  Higher Education Appropriations Subcommittee.
612     e.  Justice Appropriations Subcommittee.
613     f.  PreK-12 Appropriations Subcommittee.
614     g.  Transportation & Economic Development Appropriations
615Subcommittee.
616     (2)  Economic Affairs Committee.
617     a.  Business & Consumer Affairs Subcommittee.
618     b.  Community & Military Affairs Subcommittee.
619     c.  Economic Development & Tourism Subcommittee.
620     d.  Insurance & Banking Subcommittee.
621     e.  Transportation & Highway Safety Subcommittee.
622     (3)  Education Committee.
623     a.  K-20 Competitiveness Subcommittee.
624     b.  K-20 Innovation Subcommittee.
625     (4)  Finance & Tax Committee.
626     (5)  Health & Human Services Committee.
627     a.  Health & Human Services Access Subcommittee.
628     b.  Health & Human Services Quality Subcommittee.
629     (6)  Judiciary Committee.
630     a.  Civil Justice Subcommittee.
631     b.  Criminal Justice Subcommittee.
632     (7)  Redistricting Committee.
633     a.  Congressional Redistricting Subcommittee.
634     b.  House Redistricting Subcommittee.
635     c.  Senate Redistricting Subcommittee.
636     (8)  Rules & Calendar Committee.
637     a.  Rulemaking & Regulation Subcommittee.
638     (9)  State Affairs Committee.
639     a.  Agriculture & Natural Resources Subcommittee.
640     b.  Energy & Utilities Subcommittee.
641     c.  Federal Affairs Subcommittee.
642     d.  Government Operations Subcommittee.
643     (b)  For purposes of these rules, the term "committee"
644includes subcommittee, except where the context indicates
645otherwise.
646
6477.2-Committee and Subcommittee Appointments
648The Speaker may appoint the chair, the vice chair, and any co-
649chairs as he or she deems necessary, as well as all members, for
650each standing House committee and subcommittee. The Speaker may
651appoint the House chair and all House members of each conference
652committee, joint committee, and joint select committee created
653by agreement of the House and Senate or of the Speaker and the
654Senate President. The Speaker shall give written notice of each
655such appointment to the Clerk for publication. After the Speaker
656has made committee and subcommittee appointments, the Minority
657Leader may name a Minority Conference member of any committee or
658subcommittee as "ranking member" of that committee or
659subcommittee, subject to the approval of the Speaker.
660
6617.3-Powers of the Chair
662A committee or subcommittee chair has authority to sign all
663notices, vouchers, and reports required or permitted by these
664rules. The chair has authority, subject to approval by the
665Speaker, to sign all subpoenas issued under these rules. The
666chair has all authority necessary to ensure the orderly
667operation of the committee or subcommittee, including, but not
668limited to, presiding over meetings, establishing each meeting
669agenda, determining the order in which matters are to be taken
670up, recognizing or not recognizing non-member presenters, and
671deciding questions of order. Decisions on questions of order may
672be appealed pursuant to Rule 2.3(b), but there shall be no
673appeal of the chair's recognition.
674
6757.4-Absence of the Chair
676In the absence of the chair and all co-chairs, the vice chair,
677if any, shall assume the duty to convene and preside over
678meetings and such other duties as the Speaker may assign, unless
679a temporary chair has been appointed by the Speaker. During a
680meeting properly convened, the presiding chair, vice chair, or
681temporary chair may temporarily assign the duty to preside at
682that meeting to another committee or subcommittee member until
683the assignment is relinquished or revoked.
684
6857.5-Term of Appointment
686All standing committee or subcommittee chairs, vice chairs, and
687members serve at the pleasure of the Speaker. All standing
688committee and subcommittee appointments made by the Speaker in
689accordance with Rule 7.2 shall be made prior to the convening of
690each regular session and shall expire on July 1 of odd-numbered
691years or, if the Legislature is convened in special or extended
692session on that date, upon adjournment sine die of such session.
693
6947.6-Creation of Select Committees
695At any time, the Speaker may create a select committee and shall
696appoint the membership and name the chair and vice chair. A
697select committee may include the entire membership of the House.
698A select committee has the jurisdiction, authority, and powers
699and duties assigned to it by the Speaker and exists for the
700period of time specified by the Speaker. The Speaker shall give
701written notice of the creation of a select committee to the
702Clerk for publication.
703
7047.7-Ex officio Members
705The Speaker may designate the Speaker pro tempore or the
706Majority Leader as an ex officio, voting member of any committee
707or subcommittee. In addition, the Speaker may designate a
708committee chair as an ex officio, voting member of any
709subcommittee within the committee's jurisdiction. The
710designation shall be made in writing and addressed to the chair
711of the committee or subcommittee. Prior to the start of the
712committee or subcommittee meeting, a copy of the designation
713shall be provided to the Minority Leader. Only one ex officio
714member may sit and vote at a time on any one committee or
715subcommittee.
716
7177.8-Meetings of Committees and Subcommittees
718Committees and subcommittees shall meet only within the dates,
719times, and locations designated or authorized by the Speaker.
720Committees and subcommittees shall meet at the call of the
721chair.
722
7237.9-Consideration of Proposed Committee and Subcommittee Bills
724Before a standing committee or subcommittee may consider a
725proposed committee or subcommittee bill, the chair shall submit
726a written request to the Speaker for approval. A request for
727approval to consider a proposed subcommittee bill shall be
728cosigned by the chair of the committee with jurisdiction over
729the subcommittee. In introducing a proposed committee or
730subcommittee bill, the chair must designate a member of the
731committee or subcommittee as first-named cosponsor, with the
732approval of such member.
733
7347.10-Conference Committees
735     (a)  The Speaker shall determine the number of House
736managers needed for all conference committees. A conference
737committee report shall require the affirmative votes of a
738majority of the managers on the part of each house. Such reports
739may recommend action on amendments previously adopted by the
740House or Senate, recommend action on additional compromise
741amendments, or offer an amendment deleting everything after the
742enacting clause. New amendments recommended by the conference
743committee shall accompany the report.
744     (b)  The receiving of conference committee reports shall
745always be in order, except when the House is voting on any
746proposition. When a conference committee report is presented to
747the House, the procedure shall be:
748     (1)  First to vote on a motion to accept the report in its
749entirety. The motion shall not be subject to amendment. If this
750vote fails, the report shall be automatically recommitted to the
751conference committee.
752     (2)  If the report is accepted, the final vote shall be a
753roll call on the passage of the bill as amended by the report.
754The bill as amended by the report is not subject to further
755amendment.
756     (c)  When House managers report inability of a conference
757committee to agree, no action of the House taken prior to such
758appointment shall preclude further action by the House as the
759House may determine.
760
761
PART TWO-Procedures in Committees and Subcommittees
762
7637.11-Scheduling Committee and Subcommittee Meetings
764     (a)  NOTICE OF COMMITTEE AND SUBCOMMITTEE MEETINGS. Any
765committee or subcommittee meeting to be held for the purpose of
766considering legislation must be noticed. The committee or
767subcommittee administrative assistant shall provide electronic
768or paper copies of the notice to the Clerk for publication and
769to the House Majority Office, the House Minority Office, the
770members of the committee or subcommittee, and the first-named
771sponsor of each bill noticed.
772     (b)  CONTENT OF MEETING NOTICE. The notice shall state the
773date, time, and place of the meeting and, for each bill to be
774considered, the bill or proposed bill number and a portion of
775the title sufficient for identification. Except with respect to
776bills retained on reconsideration under Rule 7.16 and committee
777or subcommittee substitutes under Rule 7.19, only such bills as
778are included on the notice of a committee or subcommittee
779meeting may be considered at that meeting.
780     (c)  PROPOSED BILLS TO BE AVAILABLE. A copy of each
781proposed bill noticed for consideration must be available to
782each committee or subcommittee member no later than the time of
783providing notice of the meeting.
784     (d)  NOTICE DEADLINE BETWEEN SESSIONS. During the period
785when the Legislature is not in session, before any committee or
786subcommittee holds a meeting for the purpose of considering
787legislation a notice of such meeting shall be provided no later
788than 4:30 p.m. of the 7th day before the meeting.
789     (e)  NOTICE DEADLINES DURING SESSIONS. During the first 45
790days of a regular session, notice shall be provided no later
791than 4:30 p.m. of the 2nd day (excluding Saturdays, Sundays, and
792official state holidays) before the committee or subcommittee
793meeting for the purpose of considering legislation. After the
79445th day of a regular session and during any extended session,
795the notice shall be provided no later than 4:30 p.m. on the day
796(including Saturdays, Sundays, and official state holidays)
797before the committee or subcommittee meeting. During any special
798session, the notice shall be provided no later than 2 hours
799before the committee or subcommittee meeting.
800     (f)  NOTICE OF NOT MEETING. If a committee or subcommittee
801is authorized and scheduled for a meeting by the Speaker but
802does not plan to meet, a notice stating that no meeting will be
803held shall be provided in the time and manner of noticing a
804meeting.
805     (g)  AMENDED NOTICE AND CANCELLATION. At any time prior to
806a noticed meeting, a bill or other item may be removed from a
807meeting notice or the meeting may be canceled by providing an
808amended notice.
809     (h)  CLERK DUTIES. The Clerk shall promptly publish the
810content of meeting notices in accordance with policies approved
811by the Speaker.
812     (i)  CONTINUATION AFTER NOTICED TIME. If the majority of
813committee or subcommittee members present agree, a committee or
814subcommittee may continue the consideration of properly noticed
815legislation after the expiration of the time called for the
816meeting or may temporarily recess to continue the meeting at a
817time and place certain on the same day. However, a committee or
818subcommittee may not meet beyond the time authorized or in a
819place not authorized by the Speaker without special leave
820granted by the Speaker.
821     (j)  RULES & CALENDAR COMMITTEE EXEMPT FROM NOTICE
822DEADLINE. The Rules & Calendar Committee shall be exempt from
823the notice deadlines of this rule except when meeting to
824consider the substance of legislation.
825
8267.12-Amendment Deadlines in Committee and Subcommittee
827     (a)  Amendments may be offered in any committee or
828subcommittee by any member of the House, subject to the
829following deadlines:
830     (1)  For the period when the Legislature is not in session,
831and during the first 45 days of a regular session, an amendment
832by a member who is not a member of the committee or subcommittee
833considering the bill shall be filed by 6 p.m. of the day
834(excluding Saturdays, Sundays, and official state holidays)
835prior to the committee or subcommittee meeting.
836     (2)  After the 45th day of a regular session and during any
837extended session, an amendment by a member who is not a member
838of the committee or subcommittee considering the bill shall be
839filed by 6 p.m. of the day (including Saturdays, Sundays, and
840official state holidays) prior to the committee or subcommittee
841meeting.
842     (3)  During any special session, an amendment by a member
843who is not a member of the committee or subcommittee considering
844the bill shall be filed no later than 1 hour prior to the
845committee or subcommittee meeting.
846     (b)  Notwithstanding the foregoing, subject to approval by
847a majority vote of the House, the Rules & Calendar Committee may
848establish special amendment deadlines and procedures for
849appropriations bills, implementing bills, and conforming bills,
850as defined in Rule 12.5, as well as for bills proposing any
851reapportionment or redistricting of the state's legislative or
852congressional districts.
853
8547.13-Quorum of Committee or Subcommittee
855A majority of any committee's or subcommittee's members shall
856constitute a quorum necessary for the transaction of business.
857An ex officio member shall not be counted for purposes of
858determining a quorum.
859
8607.14-Meeting during House Sessions
861No committee or subcommittee shall meet while the House is in
862session without special leave of the Speaker.
863
8647.15-Voting in Committee or Subcommittee
865     (a)  Every vote on final consideration of a bill in
866committee or subcommittee shall be taken by the yeas and nays,
867and the names of the members voting for and against, as well as
868the names of members absent, shall be recorded on the committee
869or subcommittee report. Upon the request of any two members, the
870vote of each member shall be recorded on any other question and
871all such votes shall be reported with the committee or
872subcommittee report.
873     (b)  An absent member may submit an indication of how the
874member would have voted had the member been present, but this
875shall not be counted on a roll call. If submitted after the
876committee or subcommittee report has been filed, such votes
877after roll call shall be filed with the committee or
878subcommittee administrative assistant, who shall file them in
879the committee or subcommittee files and with the Clerk.
880
8817.16-Reconsideration in Committee or Subcommittee
882A motion for reconsideration in committee or subcommittee shall
883be treated in the following manner:
884     (a)  When a main question has been decided by a committee
885or subcommittee, any member voting with the prevailing side, or
886any member when the vote was a tie, may move for
887reconsideration.
888     (b)  Any member voting on the prevailing side on passage or
889defeat of a bill may, as a matter of right, serve notice that
890the bill be retained through the next committee or subcommittee
891meeting for the purpose of reconsideration. Such notice by an
892individual member may be set aside by adoption of a motion to
893report the bill immediately, which shall require a two-thirds
894vote. No bill may be retained under this provision after the
89540th day of a regular session or during any extended or special
896session.
897     (c)  A motion to reconsider a collateral matter must be
898disposed of during the course of consideration of the main
899subject to which it is related.
900     (d)  If a bill has been retained under subsection (b), any
901member may move for its reconsideration at the next meeting of
902the committee or subcommittee. The retained bill is not required
903to be included on the committee or subcommittee meeting notice.
904     (e)  If the committee or subcommittee refuses to reconsider
905or, upon reconsideration, confirms its prior decision, no
906further motion to reconsider shall be in order except upon
907unanimous consent of the committee or subcommittee members
908present.
909     (f)  If a bill is not retained under subsection (b), it
910shall be promptly reported to the Clerk.
911
9127.17-Reports on Bills
913A committee or subcommittee may report a House bill unfavorably,
914favorably, or favorably with a committee or subcommittee
915substitute. A committee or subcommittee may report a Senate bill
916favorably, favorably with one or more amendments, or
917unfavorably. A bill may not be reported without recommendation.
918A motion to lay a bill on the table shall be construed as a
919motion to report the bill unfavorably.
920
9217.18-Bill Reported Unfavorably by a Committee or Subcommittee
922A bill reported unfavorably by a committee or subcommittee shall
923be laid on the table.
924
9257.19-Committee and Subcommittee Substitutes
926     (a)  A standing committee or subcommittee may introduce a
927committee or subcommittee substitute embracing the same general
928subject matter of one or more bills in possession of the
929committee or subcommittee. If the original bill or bills are
930noticed, no further notice is required. If a proposed committee
931or subcommittee substitute is noticed in the manner required for
932a proposed committee or subcommittee bill, the original bill or
933bills need not be noticed. Upon the reporting of a committee or
934subcommittee substitute, the original bill or bills shall be
935laid on the table of the House.
936     (b)  Committee and subcommittee substitutes shall be
937prepared by the House Bill Drafting Service and filed with the
938Clerk.
939     (c)  No later than the day (excluding Saturdays, Sundays,
940and official state holidays) after it is filed by the committee
941or subcommittee, a committee or subcommittee substitute shall be
942read a first time and be subject to referral by the Speaker.
943
9447.20-Subpoena Powers
945The standing committees and subcommittees of the House may
946exercise subpoena power and issue other necessary legal process
947pursuant to Rule 16.
948
9497.21-Administration of Oaths
950Whenever desired by a committee or subcommittee, the chair or
951any other member of the committee or subcommittee may administer
952oaths and affirmations in the manner prescribed by law to any
953witness appearing before such committee or subcommittee for the
954purpose of testifying in any matter about which such committee
955or subcommittee may require sworn testimony, provided the record
956of a statement made under oath in committee or subcommittee may
957not be used to controvert a factual determination of the
958Legislature.
959
9607.22-Procedure in Conference Committees
961Conference committee meeting notices shall be published not less
962than 1 hour prior to the time scheduled for the meeting. Each
963conference committee may determine its own procedures and select
964a member to preside, provided a majority of managers of each
965house agree.
966
9677.23-Open Meetings; Decorum
968     (a)  All meetings of committees and subcommittees shall be
969open to the public at all times, subject always to the authority
970of the chair to maintain order and decorum; however, when
971reasonably necessary for security purposes or the protection of
972a witness, a chair, with the concurrence of the Speaker and the
973Minority Leader, may close a meeting or portion thereof, and the
974record of such meeting may not disclose the identity of any
975witness appearing before the committee or subcommittee during a
976closed session.
977     (b)  The chair shall exercise all authority necessary to
978maintain order and decorum, including the authority to impose
979time limitations on testimony and presentations by non-members
980and to require all persons attending a committee or subcommittee
981meeting to silence all audible electronic equipment.
982
983
PART THREE-Oversight Powers and Responsibilities
984
9857.24-Oversight Powers and Responsibilities of Standing
986Committees and Subcommittees
987     (a)  Each standing committee or subcommittee is authorized
988to exercise all powers authorized for committees pursuant to s.
98911.143, Florida Statutes, to carry out oversight
990responsibilities within its respective subject matter
991jurisdiction. For purposes of this rule, the Speaker shall
992determine the subject matter jurisdiction of each committee or
993subcommittee.
994     (b)  Select committees shall exercise committee powers
995authorized by s. 11.143, Florida Statutes, whenever specifically
996authorized in writing by the Speaker.
997     (c)  Each committee or subcommittee shall exercise other
998oversight powers and responsibilities vested in the House
999whenever specifically authorized by the Speaker.
1000     (d)  Each committee or subcommittee shall conduct other
1001business as directed by the Speaker.
1002
1003
RULE EIGHT-DEBATE AND CHAMBER PROTOCOL
1004
1005
PART ONE-Privilege of the Floor
1006
10078.1-Privilege of the Floor
1008     (a)  MEMBERS' ACCESS. Members of the House shall have the
1009exclusive right to enter the Chamber during sessions, and no
1010other person shall be admitted unless granted privilege of the
1011floor as provided below.
1012     (b)  PRIVILEGED GUESTS. The Governor, the Lieutenant
1013Governor, the Chief Financial Officer, the Attorney General, the
1014Commissioner of Agriculture, members of the Senate, Justices of
1015the Supreme Court, former members of the House, the Doctor of
1016the Day, and the Guest Chaplain are granted the privilege of the
1017floor; however, no registered lobbyist may be so admitted.
1018     (c)  EMPLOYEES' ADMISSION. House employees may be admitted
1019to the Chamber as determined by the Speaker.
1020     (d)  OTHER GUESTS. Other guests may be granted the
1021privilege of the floor by the Speaker or by the House.
1022     (e)  RESTRICTIONS ON NON-MEMBERS. Persons granted the
1023privilege of the floor may not lobby the members while the House
1024is in session, unless granted leave to address the House.
1025     (f)  SESSION ATTIRE. When the House is in session, all
1026persons in the Chamber shall be dressed in proper business
1027attire.
1028
1029
PART TWO-Speaking
1030
10318.2-Addressing the House; Requirements to Spread Remarks upon
1032the Journal
1033     (a)  When a member desires to speak or deliver any matter
1034to the House, the member shall rise and respectfully address the
1035Speaker as "Mr. (or Madam) Speaker" and shall confine all
1036remarks to the question under debate, avoiding personalities.
1037Once recognized, a member may speak from the member's desk or
1038may, with the Speaker's permission, speak from the well.
1039     (b)  Any motion to spread remarks upon the Journal, except
1040those of the Governor or the Speaker, shall be referred to the
1041Chair of the Rules & Calendar Committee for recommendation
1042before being put to the House.
1043
10448.3-When Two Members Rise at Once
1045When two or more members rise at once, the Speaker shall name
1046the one who is to speak first. This decision shall be final and
1047not open to debate or appeal.
1048
10498.4-Recognition of Members
1050There shall be no appeal of the Speaker's recognition, but the
1051Speaker shall be governed by the rules and usage in priority of
1052entertaining motions from the floor. When a member seeks
1053recognition, the Speaker may ask, "For what purpose does the
1054member rise?" or "For what purpose does the member seek
1055recognition?"
1056
10578.5-Recognition of Gallery Visitors and Doctor of the Day
1058On written request by a member, on a form approved by the Clerk,
1059the Speaker may recognize or permit the member to recognize any
1060person or persons in the gallery. After granting a request for
1061recognition, the Speaker shall afford that recognition at a
1062convenient place in the order of business, considering the need
1063for order and decorum and the need for continuity of debate. At
1064an appropriate time during proceedings on the floor, the Speaker
1065may recognize a Doctor of the Day.
1066
1067
PART THREE-Debate
1068
10698.6-Decorum
1070The members shall attend to the debates unless necessarily
1071prevented, and no member shall stand between the Speaker and a
1072member recognized to speak.
1073
10748.7-Speaking and Debate; Right to Close
1075     (a)  A member may not speak more than once nor occupy more
1076than 15 minutes in debate on any question.
1077     (b)  A member who has the floor may not be interrupted by
1078another member for any purpose, save the privilege of the House,
1079unless he or she consents to yield to the other member. A member
1080desiring to interrupt another in debate should first address the
1081Speaker for the permission of the member speaking. The Speaker
1082shall then ask the member who has the floor if he or she wishes
1083to yield and shall then announce the decision of that member.
1084Whether to yield shall be entirely within the speaking member's
1085discretion. This subsection shall not, however, deprive the
1086first-named sponsor or mover of the right to close when the
1087effect of an amendment or motion would be to foreclose favorable
1088action on the bill, amendment, or motion.
1089
10908.8-Asking Questions of Members
1091It is entirely within a speaking member's discretion whether to
1092yield to a question. The proper purpose of a question is to
1093obtain information in good faith, not for the questioner to
1094supply information to the body. Neither a question nor an answer
1095to a question may contain arguments or debate.
1096
10978.9-Right to Open and Close Debate
1098The member presenting a motion shall have the right to open and
1099close the debate and, for this purpose, may speak each time up
1100to 10 minutes, unless otherwise limited by majority vote of the
1101House, notwithstanding the limitation in Rule 8.7.
1102
1103
PART FOUR-Materials and Meals in Chamber
1104
11058.10-Distribution of Materials in Chamber; Meals in Chamber
1106     (a)  The following constitutes policy regarding material
1107distributed to the general membership through the Sergeant at
1108Arms' Office and pages:
1109     (1)  All material prior to such distribution must be
1110approved by the Chair of the Rules & Calendar Committee.
1111     (2)  The following official materials are approved: House
1112and Senate bills, resolutions, memorials, and amendments
1113thereto, and official calendars and journals; committee and
1114subcommittee meeting notices; communications from the Speaker
1115and Clerk and official communications from the Senate; and
1116official staff reports of standing or select committees or
1117subcommittees or of the majority or minority party.
1118     (b)  While members may consume nonalcoholic beverages on
1119the floor, meals will not be allowed on the floor without
1120concurrence of a majority vote.
1121
1122
PART FIVE-Miscellaneous Papers
1123
11248.11-Miscellaneous Papers
1125Papers of a miscellaneous nature addressed to the House may, at
1126the discretion of the Speaker, be read, noted in the Journal, or
1127filed with the appropriate committee or subcommittee. When the
1128reading of a paper other than one upon which the House is called
1129to give a final vote is demanded and such reading is objected to
1130by any member, whether the paper shall be read shall be
1131determined without debate by the House by a majority vote.
1132
1133
RULE NINE-VOTING
1134
11359.1-Members Shall Vote
1136Every member shall be within the Chamber during its sittings,
1137unless excused or necessarily prevented, and shall vote on each
1138question put, unless required to abstain under Rule 3.2.
1139
11409.2-Taking the Yeas and Nays
1141The Speaker shall declare all votes, but if any member rises to
1142doubt a vote, upon a showing of hands by five members, the
1143Speaker shall take the sense of the House by oral or electronic
1144roll call. When taking the yeas and nays on any question, the
1145electronic roll-call system may be used and when so used shall
1146have the force and effect of a roll call taken as provided in
1147these rules. This system likewise may be used to determine the
1148presence of a quorum. When the House is ready to vote upon a
1149question requiring roll call, and the vote is by electronic roll
1150call, the Speaker shall say, "The question now recurs on
1151(designating the matter to be voted upon). The Clerk will unlock
1152the machine and the House will proceed to vote." When sufficient
1153time has elapsed for each member to vote, the Speaker shall ask,
1154"Have all members voted?" After a short pause, the Speaker shall
1155say, "The Clerk will lock the machine and record the vote." When
1156the vote is completely recorded, the Speaker shall announce the
1157result to the House, and the Clerk shall record the action upon
1158the Journal.
1159
11609.3-Vote of the Speaker or Temporary Presiding Officer
1161The Speaker or temporary presiding officer is not required to
1162vote in legislative proceedings other than on final passage of a
1163bill, except when the Speaker's or temporary presiding officer's
1164vote would be decisive. In all yea and nay votes, the Speaker's
1165or temporary presiding officer's name shall be called last. With
1166respect to voting, the Speaker or temporary presiding officer is
1167subject to the same disqualification and disclosure requirements
1168as any other member.
1169
11709.4-Votes After Roll Call; Finality of a Roll Call Vote
1171     (a)  After the result of a roll call has been announced, a
1172member may submit to the Clerk an indication of how the member
1173would have voted or would have voted differently. The Clerk
1174shall provide forms for the recording of these actions. When
1175timely submitted, the vote after roll call shall be shown
1176beneath the roll call in the Journal. Otherwise, the vote after
1177roll call shall be shown separately in the Journal.
1178     (b)  In no instance, other than by reason of an electronic
1179or mechanical malfunction, shall the result of a voting machine
1180roll call on any question be changed.
1181
11829.5-No Member to Vote for Another except by Request and
1183Direction
1184     (a)  No member may vote for another member except at the
1185other member's specific request and direction. No member may
1186vote for another member who is absent from the Chamber, nor may
1187any person who is not a member cast a vote for a member.
1188     (b)  In no case shall a member vote for another on a quorum
1189call.
1190     (c)  Any member who votes or attempts to vote for another
1191member in violation of this rule or who requests another member
1192to vote for the requesting member in violation of this rule may
1193be disciplined in such a manner as the House may deem proper.
1194     (d)  Any person who is not a member and who votes in the
1195place of a member shall be subject to such discipline as the
1196House may deem proper.
1197
11989.6-Explanation of Vote
1199A member may not explain his or her vote during a roll call but
1200may reduce his or her explanation to writing in not more than
1201200 words in an electronic format approved by the Clerk. Upon
1202submission to the Clerk, this explanation shall be spread upon
1203the Journal.
1204
1205
RULE TEN-ORDER OF BUSINESS AND CALENDARS
1206
1207
PART ONE-Order of Business
1208
120910.1-Daily Sessions
1210The House shall meet each legislative day at 9 a.m. or as stated
1211in the motion adjourning the House on the prior legislative day
1212on which the House met.
1213
121410.2-Daily Order of Business
1215     (a)  When the House convenes on a new legislative day, the
1216daily order of business shall be as follows:
1217     (1)  Call to Order.
1218     (2)  Prayer.
1219     (3)  Roll Call.
1220     (4)  Pledge of Allegiance.
1221     (5)  Correction of the Journal.
1222     (6)  Communications.
1223     (7)  Messages from the Senate.
1224     (8)  Reports of Standing Committees and Subcommittees.
1225     (9)  Reports of Select Committees.
1226     (10)  Motions Relating to Committee and Subcommittee
1227References.
1228     (11)  Matters on Reconsideration.
1229     (12)  Bills and Joint Resolutions on Third Reading.
1230     (13)  Special Orders.
1231     (14)  House Resolutions.
1232     (15)  Unfinished Business.
1233     (16)  Introduction and Reference.
1234     (b)  During special sessions, the order of business of
1235Introduction and Reference shall be called for immediately
1236following the order of business of Correction of the Journal.
1237     (c)  Within each order of business, matters shall be
1238considered in the order in which they appear on the daily
1239printed Calendar of the House.
1240     (d)  After the 45th day of a regular session, by a majority
1241vote, the House may, on motion of the Chair or Vice Chair of the
1242Rules & Calendar Committee, move to Communications, Messages
1243from the Senate, Bills and Joint Resolutions on Third Reading,
1244or Special Orders. The motion may provide which matter on such
1245order of business may be considered.
1246
124710.3-Chaplain to Offer Prayer
1248A chaplain shall attend at the beginning of each day's sitting
1249of the House and open the same with prayer. In the absence of a
1250chaplain, the Speaker may designate someone else to offer
1251prayer.
1252
125310.4-Quorum
1254A majority of the membership of the House shall constitute a
1255quorum to conduct business.
1256
125710.5-Consideration of Senate Messages: Generally
1258Senate messages may be considered by the House at the time and
1259in the order determined by the Speaker.
1260
1261
PART TWO-Readings
1262
126310.6-"Reading" Defined
1264"Reading" means the stage of consideration of a bill,
1265resolution, or memorial after reading of a portion of the title
1266sufficient for identification, as determined by the Speaker.
1267
126810.7-Reading of Bills and Joint Resolutions
1269Each bill and each joint resolution shall be read on 3 separate
1270days prior to a vote upon final passage unless this rule is
1271waived by a two-thirds vote, provided the publication of a bill
1272or joint resolution by its title in the Journal shall satisfy
1273the requirements of first reading.
1274
127510.8-Reading of Concurrent Resolutions and Memorials
1276Concurrent resolutions and memorials shall be read on 2 separate
1277days prior to a voice vote upon adoption, except that concurrent
1278resolutions extending a legislative session or involving other
1279procedural legislative matters may be read twice without motion
1280on the same legislative day.
1281
128210.9-Reading of House Resolutions
1283     (a)  A House resolution shall receive two readings by title
1284only prior to a voice vote upon adoption.
1285     (b)  Ceremonial resolutions may be shown as read and
1286adopted by publication in full in the Journal in accordance with
1287Rule 10.17.
1288
128910.10-Measures on Third Reading
1290     (a)  Bills on third reading shall be taken up in the order
1291in which the House concluded action on them on second reading.
1292     (b)  Before any bill shall be read the third time, whether
1293amended or not, it shall be referred without motion to the
1294Engrossing Clerk for examination and, if amended, the engrossing
1295of amendments. In the case of any Senate bill amended in the
1296House, the amendment adopted shall be reproduced and attached to
1297the bill amended in such manner that it will not be lost
1298therefrom.
1299     (c)  A bill shall be deemed on its third reading when it
1300has been read a second time on a previous day and has no motion
1301left pending.
1302
1303
PART THREE-Calendars
1304
130510.11-Special Order Calendar
1306     (a)  REGULAR SESSION.
1307     (1)  The Rules & Calendar Committee shall periodically
1308submit, as needed, a Special Order Calendar determining the
1309sequence for consideration of legislation. The Special Order
1310Calendar may include bills on second reading, bills on
1311unfinished business, resolutions, and specific sections for
1312local bills, trust fund bills, and bills to be taken up at a
1313time certain. Upon adoption of a Special Order Calendar, no
1314other bills shall be considered for the time period set forth
1315for that Special Order Calendar, except that any bill appearing
1316on that Special Order Calendar may be stricken from it by a
1317majority vote or any bill may be added to it pursuant to Rule
131810.13. A previously adopted Special Order Calendar shall expire
1319upon adoption by the House of a new Special Order Calendar.
1320     (2)  Any committee, subcommittee, or member may apply in
1321writing to the Chair of the Rules & Calendar Committee to place
1322a bill on the Special Order Calendar. The Rules & Calendar
1323Committee may grant such requests by a majority vote.
1324     (3)  During the first 55 days of a regular session, the
1325Special Order Calendar shall be published in two Calendars of
1326the House, and it may be taken up on the day of the second
1327published Calendar. After the 55th day of a regular session, the
1328Special Order Calendar shall be published in one Calendar of the
1329House and may be taken up on the day the Calendar is published.
1330     (b)  EXTENDED OR SPECIAL SESSION.
1331     (1)  If the Legislature extends a legislative session, all
1332bills on the Calendar of the House at the time of expiration of
1333the regular session shall be placed in the Rules & Calendar
1334Committee.
1335     (2)  During any extended or special session, all bills upon
1336being reported favorably by the last committee or subcommittee
1337of reference shall be placed in the Rules & Calendar Committee.
1338     (3)  During any extended or special session, the Rules &
1339Calendar Committee shall establish a Special Order Calendar and
1340only those bills on such Special Order Calendar shall be placed
1341on the Calendar of the House.
1342     (4)  During any extended or special session, the Special
1343Order Calendar shall be published in one Calendar of the House
1344and bills thereon may be taken up on the day the Calendar is
1345published.
1346
134710.12-Special Floor Procedures
1348The Rules & Calendar Committee may recommend special floor
1349procedures for the management of amendments and debate on a
1350particular bill, on second and third readings, which procedures
1351may include limitations on amendments and debate. Such
1352procedures may not be implemented unless approved by a majority
1353vote in session.
1354
135510.13-Consideration of Bills Not on Special Order Calendar
1356A bill not included on the Special Order Calendar may be
1357considered by the House upon a two-thirds vote.
1358
135910.14-Consent Calendar
1360The Rules & Calendar Committee may submit Consent Calendar
1361procedures to expedite the consideration of noncontroversial
1362legislation.
1363
136410.15-Requirements for Placement on Special Order Calendar
1365No measure may be placed on a Special Order Calendar until it
1366has been reported favorably by each committee and subcommittee
1367of reference and is available for consideration on the floor.
1368
136910.16-Informal Deferral of Bills
1370Whenever the member who introduced a bill or the first-named
1371member sponsor of a committee and subcommittee bill is absent
1372from the Chamber when the bill has been reached in the regular
1373order on second or third reading, consideration shall be
1374informally deferred until such member's return, unless another
1375member consents to offer the bill on behalf of the original
1376member. The bill shall retain its position on the Calendar of
1377the House during the same legislative day. The member shall have
1378the responsibility of making the motion for its subsequent
1379consideration.
1380
1381
PART FOUR-Ceremonial Resolutions
1382
138310.17-Ceremonial Resolutions Published in Journal
1384Upon approval of the Chair of the Rules & Calendar Committee, a
1385ceremonial resolution may be shown as read and adopted by
1386publication in full in the Journal. The Rules & Calendar
1387Committee shall distribute a list of such resolutions 1 day
1388(excluding Saturdays, Sundays, and official state holidays)
1389prior to the day of their publication, during which time any
1390member may file with the Rules & Calendar Committee an objection
1391to any resolution listed. Each resolution for which an objection
1392has been filed shall be removed from the list and placed on the
1393Calendar of the House. All resolutions without objections shall
1394be printed on the next legislative day in the Journal and
1395considered adopted by the House.
1396
1397
PART FIVE-Procedural Limitations in Final Week
1398
139910.18-Consideration Limits to Bills after Day 55
1400After the 55th day of a regular session, no House bills on
1401second reading may be taken up and considered by the House.
1402
140310.19-Consideration Limits after Day 58
1404After the 58th day of a regular session, the House may consider
1405only:
1406     (a)  Returning messages.
1407     (b)  Conference reports.
1408     (c)  Concurrent resolutions.
1409
1410
RULE ELEVEN-MOTIONS
1411
141211.1-Motions; How Made
1413Every motion shall be made orally, except when requested by the
1414Speaker to be reduced to writing.
1415
141611.2-Precedence of Motions During Debate
1417     (a)  When a question is under debate, the Speaker shall
1418receive no motion except:
1419     (1)  To adjourn at a time certain.
1420     (2)  To adjourn.
1421     (3)  To recess to a time certain.
1422     (4)  To lay on the table.
1423     (5)  To reconsider.
1424     (6)  For the previous question.
1425     (7)  To limit debate.
1426     (8)  To temporarily postpone.
1427     (9)  To postpone to a time or day certain.
1428     (10)  To refer to or to recommit to committee or
1429subcommittee.
1430     (11)  To amend.
1431     (12)  To amend by removing the enacting or resolving
1432clause.
1433     (b)  Such motions shall have precedence in the descending
1434order given.
1435
143611.3-Questions of Order Decided without Debate
1437The Speaker shall decide, without debate, all procedural
1438questions of order that arise when a motion is before the House
1439or on appeal.
1440
144111.4-Division of Question
1442If a question before the House is susceptible of separation into
1443two or more parts, any member may call for a division of the
1444question so that each part may be voted on separately. However,
1445a motion to remove and insert cannot be divided.
1446
144711.5-Motion to Recess to a Time Certain
1448A motion to recess to a time certain shall be treated the same
1449as a motion to adjourn, except that the motion is debatable when
1450no business is before the House and can be amended as to the
1451time to recess and duration of the recess. It yields only to a
1452motion to adjourn.
1453
145411.6-Motion to Lay on the Table
1455     (a)  A motion to lay on the table is not debatable and
1456cannot be amended; however, before the motion is put to a vote,
1457the first-named sponsor of a bill or the mover of a debatable
1458motion shall be allowed 5 minutes within which to discuss the
1459same and may divide the time with, or waive this right in favor
1460of, some other member.
1461     (b)  A motion to lay an amendment on the table, if adopted,
1462does not carry with it the measure to which it adheres.
1463
146411.7-Motion to Reconsider; Immediate Certification of Bills
1465     (a)  When a motion or main question has been made and
1466carried or lost, it shall be in order at any time as a matter of
1467right on the same or succeeding legislative day for a member
1468voting with the prevailing side, or for any member in the case
1469of a voice or tie vote, to move for reconsideration thereof.
1470     (b)  When a majority of members vote in the affirmative but
1471the proposition is lost because it is one in which the
1472concurrence of a greater number than a majority is necessary for
1473adoption or passage, any member may move for a reconsideration.
1474     (c)  The motion to reconsider shall require a majority vote
1475for adoption.
1476     (d)  If the House refuses to reconsider or upon
1477reconsideration confirms its prior decision, no further motion
1478to reconsider shall be in order except upon unanimous consent of
1479the members present.
1480     (e)  Debate shall be allowed on a motion to reconsider only
1481when the question that it is proposing to reconsider is
1482debatable. When debate upon a motion to reconsider is in order,
1483no member shall speak thereon more than once or for more than 5
1484minutes.
1485     (f)  The adoption of a motion to reconsider a vote upon any
1486secondary matter shall not remove the main subject under
1487consideration from consideration of the House.
1488     (g)  A motion to reconsider a collateral matter must be
1489disposed of at once during the course of the consideration of
1490the main subject to which it is related, and such motion shall
1491be out of order after the House has passed to other business.
1492     (h)  No bill referred or recommitted to a committee or
1493subcommittee by a vote of the House shall be brought back into
1494the House on a motion to reconsider.
1495     (i)  The Clerk shall retain possession of all bills and
1496joint resolutions for the period after passage during which
1497reconsideration may be moved, except that local bills,
1498concurrent resolutions, and memorials shall be transmitted to
1499the Senate without delay.
1500     (j)  The adoption of a motion to waive the rules and
1501immediately certify any bill to the Senate shall be construed as
1502releasing the measure from the Clerk's possession for the period
1503of reconsideration.
1504     (k)  Unless otherwise directed by the Speaker, during the
1505last 14 days of a regular session or any extension thereof and
1506during any special session, all measures acted on by the House
1507shall be transmitted to the Senate without delay.
1508
150911.8-Motion for the Previous Question
1510     (a)  The previous question may be asked and ordered upon
1511any debatable single motion, series of motions, or amendment
1512pending and the effect thereof shall be to conclude all action
1513on the same day. If third reading is reached on another day, the
1514order for the previous question must be renewed on that day.
1515     (b)  The motion for the previous question shall be decided
1516without debate. If the motion prevails, the sponsor of a bill or
1517debatable motion and an opponent shall be allowed 3 minutes each
1518within which to debate the pending question, and each may divide
1519the time with, or waive this right in favor of, some other
1520member. On second reading, the final available question is the
1521main amendment; on third reading, it is the bill.
1522     (c)  When the motion for the previous question is adopted
1523on a main question, the sense of the House shall be taken
1524without delay on pending amendments and such question in the
1525regular order.
1526     (d)  The motion for the previous question may not be made
1527by the first-named sponsor or mover.
1528
152911.9-Motion to Limit Debate
1530When there is debate by the House, it shall be in order for a
1531member to move to limit debate and such motion shall be decided
1532without debate, except that the first-named sponsor or mover of
1533the question under debate shall have 5 minutes within which to
1534discuss the motion and may divide the allotted time with, or
1535waive it in favor of, some other member. If, by majority vote,
1536the question is decided in the affirmative, debate shall be
1537limited to 10 minutes for each side, unless a greater time is
1538stated in the motion, such time to be apportioned by the
1539Speaker; however, the first-named sponsor or mover shall have an
1540additional 5 minutes within which to close the debate and may
1541divide the allotted time with, or waive it in favor of, some
1542other member.
1543
154411.10-Motion to Temporarily Postpone
1545     (a)  The motion to temporarily postpone shall be decided
1546without debate and shall cause a measure to be set aside but
1547retained on the desk.
1548     (b)  If a main question has been temporarily postponed
1549after having been debated or after motions have been applied and
1550is not brought back before the House on the same legislative
1551day, it shall be placed under the order of unfinished business
1552on the Calendar of the House. If a main question is temporarily
1553postponed before debate has commenced or motions have been
1554applied, its reading shall be considered a nullity and the bill
1555shall retain its original position on the order of business on
1556the same legislative day; otherwise, the bill reverts to the
1557status of bills on second or third reading, as applicable.
1558     (c)  The motion to return to consideration of a temporarily
1559postponed main question shall be made under the proper order of
1560business when no other matter is pending.
1561     (d)  If applied to a collateral matter, the motion to
1562temporarily postpone shall not cause the main question to be
1563carried with it. After having been temporarily postponed, if a
1564collateral matter is not brought back before the House in the
1565course of consideration of the adhering or main question, it
1566shall be deemed abandoned.
1567
156811.11-Motion to Withdraw or Refer a Bill
1569     (a)  A motion to withdraw a bill from a committee or
1570subcommittee shall require a two-thirds vote on the floor.
1571     (b)  Any member may, no later than under the order of
1572business of Motions Relating to Committee and Subcommittee
1573References on the legislative day following reference of a bill,
1574move for reference from one committee or subcommittee to a
1575different committee or subcommittee, which shall be decided by a
1576majority vote.
1577     (c)  A motion to refer a bill from one committee or
1578subcommittee to another committee or subcommittee, other than as
1579provided in subsection (b), may be made during the regular order
1580of business and shall require a two-thirds vote.
1581     (d)  A motion to refer a bill to an additional committee or
1582subcommittee may be made during the regular order of business
1583and shall require a two-thirds vote.
1584     (e)  A motion to refer shall be debated only as to the
1585propriety of the reference.
1586     (f)  A motion to withdraw a bill from further consideration
1587of the House shall require a two-thirds vote.
1588     (1)  The Chair or Vice Chair of the Rules & Calendar
1589Committee, at the request of the first-named member sponsor, may
1590move for the withdrawal of a bill from further consideration.
1591     (2)  The first-named member sponsor of a bill may, prior to
1592its introduction and provided no substantive action has been
1593taken on it, withdraw the bill by written notice to the Clerk.
1594     (3)  In moving for the withdrawal of a bill from further
1595consideration by floor motion, the introducer shall be required
1596to identify the nature of the bill.
1597
159811.12-Motion to Refer or Recommit
1599     (a)  Any bill on the Calendar of the House may be referred
1600or recommitted by the House to a committee or subcommittee by a
1601majority vote.
1602     (b)  A motion to refer or recommit a bill that is before
1603the House may be made during the regular order of business. The
1604motion shall be debatable only as to the propriety of that
1605reference and shall require an affirmative majority vote.
1606     (c)  If a bill on third reading is referred or recommitted
1607to a committee or subcommittee that subsequently reports the
1608bill favorably with a committee or subcommittee substitute or
1609with one or more amendments, the bill shall return to second
1610reading.
1611     (d)  Referral or recommitment of a House bill shall
1612automatically carry with it a Senate companion bill then on the
1613Calendar of the House.
1614
161511.13-Dilatory Motions
1616Dilatory or delaying motions shall not be in order as determined
1617by the Speaker.
1618
161911.14-Withdrawal of Motion
1620The mover of a motion may withdraw the motion at any time before
1621it has been amended or a vote on it has commenced.
1622
1623
RULE TWELVE-AMENDMENTS
1624
162512.1-Form
1626Floor amendments shall be prepared by the House Bill Drafting
1627Service and filed with the Clerk.
1628
162912.2-Filing Deadlines for Floor Amendments
1630     (a)  During the first 55 days of a regular session:
1631     (1)  Main floor amendments must be approved for filing with
1632the Clerk by 2 p.m. of the first day a bill appears on the
1633Special Order Calendar in the Calendar of the House; and
1634     (2)  Amendments to main floor amendments and substitute
1635amendments for main floor amendments must be approved for filing
1636by 5 p.m. of the same day.
1637     (b)  After the 55th day of a regular session and during any
1638extended or special session:
1639     (1)  Main floor amendments must be approved for filing with
1640the Clerk not later than 2 hours before session is scheduled to
1641convene on the day a bill appears on the Special Order Calendar
1642in the Calendar of the House; and
1643     (2)  Amendments to main floor amendments and substitute
1644amendments for main floor amendments must be approved for filing
1645not later than 1 hour after the main floor amendment deadline.
1646     (c)  A late-filed floor amendment may be taken up for
1647consideration only upon motion adopted by a two-thirds vote.
1648     (d)  Notwithstanding the foregoing, subject to approval by
1649a majority vote of the House, the Rules & Calendar Committee may
1650establish special amendment deadlines and procedures for
1651appropriations bills, implementing bills, conforming bills, and
1652bills proposing any reapportionment or redistricting of the
1653state's legislative or congressional districts.
1654
165512.3-Presentation and Consideration
1656     (a)  Amendments shall be taken up only as sponsors gain
1657recognition from the Speaker to move their adoption, except that
1658the chair of the committee or subcommittee (or any member
1659thereof designated by the chair) reporting the measure under
1660consideration shall have preference for the presentation of
1661committee or subcommittee amendments to Senate bills.
1662     (b)  An amendment to a pending main amendment may be
1663received, but until it is disposed of no other motion to amend
1664will be in order except a substitute amendment or an amendment
1665to the substitute. Such amendments are to be disposed of in the
1666following order:
1667     (1)  Amendments to the amendment are voted on before the
1668substitute is taken up. Only one amendment to the amendment is
1669in order at a time.
1670     (2)  Amendments to the substitute are next voted on.
1671     (3)  The substitute then is voted on. The adoption of a
1672substitute amendment in lieu of an original amendment shall be
1673treated and considered as an amendment to the bill itself.
1674
1675
[INSERT GRAPHIC ON AMENDMENT LEVELS]
1676
1677     (c)  The adoption of an amendment to a section shall not
1678preclude further amendment of that section. If a bill is being
1679considered section by section or item by item, only amendments
1680to the section or item under consideration shall be in order.
1681     (d)  For the purpose of this rule, an amendment shall be
1682deemed pending only after its proposer has been recognized by
1683the Speaker and has moved its adoption.
1684     (e)  Reviser's bills may be amended only by making
1685deletions.
1686
168712.4-Second and Third Reading; Vote Required on Third Reading
1688     (a)  A motion to amend is in order during the second or
1689third reading of any bill.
1690     (b)  Amendments proposed on third reading shall require a
1691two-thirds vote for adoption, except that technical amendments
1692introduced in the name of the Rules & Calendar Committee shall
1693require a majority vote for adoption. Amendments on third
1694reading, other than technical amendments introduced in the name
1695of the Rules & Calendar Committee, must be approved for filing
1696not later than the earlier of the following deadlines:
1697     (1)  Nine a.m. on the day session is scheduled to convene
1698on the day the bill is reached on third reading; or
1699     (2)  One hour before session is scheduled to convene on the
1700day the bill is reached on third reading.
1701     (c)  A motion for reconsideration of an amendment on third
1702reading requires a two-thirds vote for adoption.
1703
170412.5-Amendment of Appropriations Bills, Implementing Bills, and
1705Conforming Bills
1706     (a)  For purposes of these rules:
1707     (1)  An "appropriations bill" is a general appropriations
1708bill or any other bill the title text of which begins "An act
1709making appropriations," "An act making special appropriations,"
1710or "An act making supplemental appropriations."
1711     (2)  An "implementing bill" is a bill, effective for one
1712fiscal year, implementing an appropriations bill.
1713     (3)  A "conforming bill" is a bill designated as such by
1714the Speaker that amends the Florida Statutes to conform to an
1715appropriations bill.
1716     (b)  Whether on the floor or in any committee or
1717subcommittee, whenever an amendment is offered to an
1718appropriations bill that would either increase any state
1719appropriation or decrease any state revenue for any fund, such
1720amendment shall show the amount of the appropriation increase or
1721revenue decrease for a fund by line item and by section and
1722shall decrease an appropriation from within the same
1723appropriations allocation and sub-allocation (as determined by
1724the Speaker) or increase a revenue to the fund in an amount
1725equivalent to or greater than the corresponding appropriation
1726increase or revenue decrease required by the amendment.
1727     (c)  Whether on the floor or in any committee or
1728subcommittee, an amendment offered to an implementing bill or to
1729a conforming bill shall not increase a state appropriation to a
1730level that is in excess of the allocations or sub-allocations
1731determined by the Speaker for a fund.
1732     (d)  Whether on the floor or in any committee or
1733subcommittee, any amendment offered to an implementing bill or
1734to a conforming bill that reduces revenues supporting
1735appropriations must raise the equivalent or greater revenue for
1736the same fund from other sources.
1737
173812.6-Consideration of Senate Amendments
1739     (a)  After the reading of a Senate amendment to a House
1740bill, the following motions shall be in order and shall be
1741privileged in the order named:
1742     (1)  Amend the Senate amendment.
1743     (2)  Concur in the Senate amendment.
1744     (3)  Refuse to concur and ask the Senate to recede.
1745     (4)  Request the Senate to recede and, if the Senate
1746refuses to recede, to appoint a conference committee to meet
1747with a like committee appointed by the Speaker.
1748     (b)  If the Senate refuses to concur in a House amendment
1749to a Senate bill, the following motions shall be in order and
1750shall be privileged in the order named:
1751     (1)  That the House recede.
1752     (2)  That the House insist and ask for a conference
1753committee.
1754     (3)  That the House insist.
1755     (c)  The Speaker may, upon determining that a Senate
1756amendment substantially changes the bill as passed by the House,
1757refer the Senate message, with the bill and Senate amendment or
1758amendments, to the appropriate House committee or subcommittee
1759for review and report to the House. The Speaker, upon such
1760reference, shall announce the date and time for the committee or
1761subcommittee to meet. The committee or subcommittee shall report
1762to the House the recommendation for disposition of the Senate
1763amendment or amendments under one of the four options presented
1764in subsection (a). The report shall be furnished to the Clerk
1765and to the House, in writing, by the chair of the reporting
1766committee or subcommittee.
1767
176812.7-Motion to Amend by Removing Enacting or Resolving Clause
1769An amendment to remove the enacting clause of a bill or the
1770resolving clause of a resolution or memorial shall, if carried,
1771be considered equivalent to rejection of the bill, resolution,
1772or memorial by the House.
1773
177412.8-Germanity of House Amendments
1775     (a)  GERMANITY.
1776     (1)  Neither the House nor any committee or subcommittee
1777shall consider an amendment that relates to a different subject
1778or is intended to accomplish a different purpose than that of
1779the pending question or that, if adopted, would require a title
1780amendment for the bill that is substantially different from the
1781bill's original title or that would unreasonably alter the
1782nature of the bill.
1783     (2)  The Speaker, or the chair in the case of an amendment
1784offered in committee or subcommittee, shall determine the
1785germanity of any amendment when the question is timely raised.
1786     (3)  An amendment of the second degree or a substitute
1787amendment must be germane to both the main amendment and the
1788measure to which it adheres.
1789     (b)  AMENDMENTS THAT ARE NOT GERMANE. House amendments that
1790are not germane include:
1791     (1)  A general proposition amending a specific proposition.
1792     (2)  An amendment amending a statute or session law when
1793the purpose of the bill is limited to repealing such law, or an
1794amendment repealing a statute or session law when the purpose of
1795the bill is limited to amending such law.
1796     (3)  An amendment that substantially expands the scope of
1797the bill.
1798     (4)  An amendment to a bill when legislative action on that
1799bill is by law or these rules limited to passage, concurrence,
1800or nonconcurrence as introduced.
1801     (c)  AMENDMENTS THAT ARE GERMANE. Amendments that are
1802germane include:
1803     (1)  A specific provision amending a general provision.
1804     (2)  An amendment that accomplishes the same purpose in a
1805different manner.
1806     (3)  An amendment limiting the scope of the proposal.
1807     (4)  An amendment providing appropriations necessary to
1808fulfill the original intent of a proposal.
1809     (5)  An amendment that changes the effective date of a
1810repeal, reduces the scope of a repeal, or adds a short-term
1811nonstatutory transitional provision to facilitate repeal.
1812     (d)  WAIVER OF RULE. Waiver of this rule shall require
1813unanimous consent of the House.
1814
181512.9-Floor Amendments Out of Order
1816A floor amendment is out of order if it is the principal
1817substance of a bill that has:
1818     (a)  Received an unfavorable committee or subcommittee
1819report,
1820     (b)  Been withdrawn from further consideration, or
1821     (c)  Not been reported favorably by at least one committee
1822or subcommittee of reference,
1823
1824and may not be offered to a bill on second or third reading. Any
1825amendment that is substantially the same, and identical as to
1826specific intent and purpose, as the measure residing in a
1827committee or subcommittee of reference is covered by this rule.
1828
182912.10-Printing of Amendments in Journal
1830All amendments taken up, unless withdrawn, shall be printed in
1831the Journal, except that an amendment to an appropriations bill
1832constituting an entirely new bill shall not be printed except
1833upon consideration of the conference committee report.
1834
1835
RULE THIRTEEN-RULES
1836
183713.1-Parliamentary Authorities
1838In all cases not provided for by the Florida Constitution, the
1839Rules of the House, or the Joint Rules of the Senate and House,
1840the guiding, but nonbinding, authority shall be first the
1841Rulings of the Speaker and then the latest edition of Mason's
1842Manual of Legislative Procedure.
1843
184413.2-Standing Rules Amendment
1845Any standing rule may be rescinded or changed by a majority vote
1846of the members, provided that the proposed change or changes be
1847submitted at least 1 day in advance by the Rules & Calendar
1848Committee in writing to the members together with notice of the
1849consideration thereof. Any standing rule may be suspended
1850temporarily by a two-thirds vote of the members present, except
1851as otherwise provided in these rules.
1852
185313.3-Rules Apply for Term
1854The standing rules adopted after the beginning of the term
1855govern all acts of the House during the course of the term
1856unless amended or repealed.
1857
185813.4-Joint Rules
1859The House shall be governed by joint rules approved by the House
1860and Senate during the term. Such joint rules may not be waived
1861except by agreement of both the House and Senate. A majority
1862vote of the House is required for such agreement.
1863
186413.5-Authority and Interpretation
1865These rules are adopted pursuant to the specific authority
1866granted and the inherent powers vested in the House of
1867Representatives by the Florida Constitution. These rules are
1868intended to facilitate the orderly, practical, and efficient
1869completion of legislative work undertaken by the House. These
1870rules shall govern procedures in the House notwithstanding any
1871inconsistent parliamentary tradition and notwithstanding any
1872joint rule or any statute enacted by a prior Legislature.
1873Adoption of these rules constitutes the determination of the
1874House that they do not violate any express regulation or
1875limitation contained in the Florida Constitution. These rules
1876may not be construed to limit any of the powers, rights,
1877privileges, or immunities vested in or granted to the House by
1878the Florida Constitution or other organic law.
1879
188013.6-Majority Action
1881Unless otherwise indicated by these rules, all action by the
1882House or its committees or subcommittees shall be by majority
1883vote of those members present and voting. When the body is
1884equally divided, the question is defeated.
1885
188613.7-Extraordinary Action
1887Unless otherwise required by these rules or the Florida
1888Constitution, all extraordinary votes shall be by vote of those
1889members present and voting.
1890
189113.8-"Days" Defined
1892Wherever used in these rules, a "legislative day" means a day
1893when the House convenes and a quorum is present. All other
1894references to a "day" mean a calendar day.
1895
1896
RULE FOURTEEN-MISCELLANEOUS PROVISIONS
1897
1898
PART ONE-Public Records
1899
190014.1-Legislative Records
1901There shall be available for public inspection, whether
1902maintained in Tallahassee or in a district office, the papers
1903and records developed and received in connection with official
1904legislative business, except as provided in s. 11.0431, Florida
1905Statutes, or other provision of law. Any person who is denied
1906access to a legislative record and who believes that he or she
1907is wrongfully being denied such access may appeal to the Speaker
1908the decision to deny access.
1909
191014.2-Legislative Records; Maintenance, Control, Destruction,
1911Disposal, and Disposition
1912     (a)  Records that are required to be created by these rules
1913or that are of vital, permanent, or archival value shall be
1914maintained in a safe location that is easily accessible for
1915convenient use. No such record need be maintained if the
1916substance of the record is published or retained in another form
1917or location. Whenever necessary, but no more often than annually
1918or less often than biennially, records required to be maintained
1919may be archived.
1920     (b)  Other records that are no longer needed for any
1921purpose and that do not have sufficient administrative, legal,
1922or fiscal significance to warrant their retention shall be
1923disposed of systematically.
1924     (c)(1)  The administrative assistant for each existing
1925committee or subcommittee shall ensure compliance with this rule
1926for all records created or received by the committee or
1927subcommittee or for a former committee or subcommittee whose
1928jurisdiction has been assigned to the committee or subcommittee.
1929     (2)  The Speaker, the Speaker pro tempore, the Minority
1930Leader, the Majority Leader, and the Sergeant at Arms shall
1931ensure compliance with this rule for all records created or
1932received by their respective offices and their predecessors in
1933office.
1934     (3)  Each member shall ensure compliance with this rule for
1935all records created or received by the member or the member's
1936district office.
1937     (4)  The director of an ancillary House office shall ensure
1938compliance with this rule for all records created or received by
1939the director's office.
1940     (5)  The Clerk shall ensure compliance with this rule for
1941all other records created or received by the House of
1942Representatives.
1943     (d)  If a committee, subcommittee, or office is not
1944continued in existence, the records of such committee,
1945subcommittee, or office shall be forwarded to the committee,
1946subcommittee, or office assuming the jurisdiction or
1947responsibility of the former committee, subcommittee, or office,
1948if any. Otherwise, such records shall be forwarded to the Clerk.
1949     (e)  The Clerk shall establish a schedule of reasonable and
1950appropriate fees for copies of legislative records and
1951documents.
1952
1953
PART TWO-Distribution of Documents; Display of Signs
1954
195514.3-Distribution of Documents
1956Documents required by these rules to be printed or published may
1957be produced and distributed on paper or in electronic form.
1958
195914.4-Display of Signs, Placards, and the Like
1960Signs, placards, or other objects of similar nature shall be
1961permitted in the rooms, lobby, galleries, or Chamber of the
1962House only upon approval of the Chair of the Rules & Calendar
1963Committee.
1964
1965
PART THREE-House Seal
1966
196714.5-House Seal
1968     (a)  REQUIREMENT. There shall be an official seal of the
1969House of Representatives. The seal shall be used only by or on
1970behalf of a member or officer of the House in conjunction with
1971his or her official duties or when specifically authorized in
1972writing by the Chair of the Rules & Calendar Committee.
1973     (b)  CONFIGURATION. The seal shall be a circle having in
1974the center thereof a view of the sun's rays over a highland in
1975the distance, a sabal palmetto palm tree, a steamboat on the
1976water, and a Native American female scattering flowers in the
1977foreground, encircled by the words "House of Representatives."
1978     (c)  USE. Unless a written exception is otherwise granted
1979by the Chair of the Rules & Calendar Committee:
1980     (1)  Material carrying the official seal shall be used only
1981by a member, officer, or employee of the House or other persons
1982employed or retained by the House.
1983     (2)  The use, printing, publication, or manufacture of the
1984seal, or items or materials bearing the seal or a facsimile of
1985the seal, shall be limited to official business of the House or
1986official legislative business.
1987     (d)  CUSTODIAN. The Clerk shall be the custodian of the
1988official seal.
1989
1990
RULE FIFTEEN-ETHICS AND CONDUCT OF MEMBERS
1991
199215.1-Legislative Ethics and Official Conduct
1993Legislative office is a trust to be performed with integrity in
1994the public interest. A member is respectful of the confidence
1995placed in the member by the other members and by the people. By
1996personal example and by admonition to colleagues whose behavior
1997may threaten the honor of the lawmaking body, the member shall
1998watchfully guard the responsibility of office and the
1999responsibilities and duties placed on the member by the House.
2000To this end, each member shall be accountable to the House for
2001violations of this rule or any provision of the House Code of
2002Conduct contained in Rules 15.1-15.7.
2003
200415.2-The Integrity of the House
2005A member shall respect and comply with the law and shall perform
2006at all times in a manner that promotes public confidence in the
2007integrity and independence of the House and of the Legislature.
2008Each member shall perform at all times in a manner that promotes
2009a professional environment in the House, which shall be free
2010from unlawful employment discrimination.
2011
201215.3-Improper Influence; Solicitation of Campaign Contributions
2013     (a)  A member may neither solicit nor accept anything that
2014reasonably may be construed to improperly influence the member's
2015official act, decision, or vote.
2016     (b)  A member may neither solicit nor accept any campaign
2017contribution during the 60-day regular legislative session or
2018any extended or special session on the member's own behalf, on
2019behalf of a political party, on behalf of any organization with
2020respect to which the member's solicitation is regulated under s.
2021106.0701, Florida Statutes, or on behalf of a candidate for the
2022House of Representatives; however, a member may contribute to
2023the member's own campaign.
2024
202515.4-Ethics; Conflicting Employment
2026A member shall:
2027     (a)  Scrupulously comply with the requirements of all laws
2028related to the ethics of public officers.
2029     (b)  Not allow personal employment to impair the member's
2030independence of judgment in the exercise of official duties.
2031     (c)  Not directly or indirectly receive or agree to receive
2032any compensation for any services rendered or to be rendered
2033either by the member or any other person when such activity is
2034in substantial conflict with the duties of a member of the
2035House.
2036
203715.5-Use of Official Position
2038A member may not corruptly use or attempt to use the member's
2039official position or any property or resource which may be
2040within the member's trust in a manner contrary to the trust or
2041authority placed in the member, either by the public or by other
2042members, for the purpose of securing a special privilege,
2043benefit, or exemption for the member or for others.
2044
204515.6-Use of Information Obtained by Reason of Official Position
2046A member may engage in business and professional activity in
2047competition with others but may not use or provide to others,
2048for the member's personal gain or benefit or for the personal
2049gain or benefit of any other person or business entity, any
2050information that has been obtained by reason of the member's
2051official capacity as a member and that is unavailable to members
2052of the public as a matter of law.
2053
205415.7-Representation of Another Before a State Agency
2055A member may not personally represent another person or entity
2056for compensation before any state agency other than a judicial
2057tribunal. For the purposes of this rule, "state agency" means
2058any entity of the legislative or executive branch of state
2059government over which the Legislature exercises plenary
2060budgetary and statutory control.
2061
206215.8-Advisory Opinions
2063     (a)  A member, when in doubt about the applicability and
2064interpretation of the House Code of Conduct or ethics laws to
2065the member's conduct, may convey the facts of the situation to
2066the House general counsel for an advisory opinion. The general
2067counsel shall issue the opinion within 10 days after receiving
2068the request. The advisory opinion may be relied upon by the
2069member requesting the opinion. Upon request of any member, the
2070committee or subcommittee designated by the Speaker to have
2071responsibility for the ethical conduct of members may revise an
2072advisory opinion rendered by the House general counsel through
2073an advisory opinion issued to the member who requested the
2074opinion.
2075     (b)  An advisory opinion rendered by the House general
2076counsel or the committee or subcommittee shall be numbered,
2077dated, and published. Advisory opinions from the House general
2078counsel or the committee or subcommittee may not identify the
2079member seeking the opinion unless such member so requests.
2080
208115.9-Penalties for Violations
2082Separately from any prosecutions or penalties otherwise provided
2083by law, any member determined to have violated the requirements
2084of these rules relating to ethics or member conduct shall be
2085fined, censured, reprimanded, placed on probation, or expelled
2086or have such other lesser penalty imposed as may be appropriate.
2087Such determination and disciplinary action shall be taken by a
2088two-thirds vote of the House, except that expulsions shall
2089require two-thirds vote of the membership, upon recommendation
2090of the Rules & Calendar Committee pursuant to Rule 18.
2091
209215.10-Felony Indictment or Information of a Member
2093     (a)  If an indictment or information for a felony of any
2094jurisdiction is filed against a member of the House, the member
2095indicted or informed against may request the Speaker to excuse
2096the member, without pay, from all privileges of membership of
2097the House pending final adjudication.
2098     (b)  If the indictment or information is either nolle
2099prossed or dismissed, or if the member is found not guilty of
2100the felonies charged, or lesser included felonies, then the
2101member shall be paid all back pay and other benefits retroactive
2102to the date the member was excused.
2103
210415.11-Felony Guilty Plea of a Member
2105A member who enters a plea of guilty or nolo contendere to a
2106felony of any jurisdiction may, at the discretion of the
2107Speaker, be suspended immediately, without a hearing and without
2108pay, from all privileges of membership of the House through the
2109remainder of that member's term.
2110
211115.12-Felony Conviction of a Member
2112     (a)  A member convicted of a felony of any jurisdiction
2113may, at the discretion of the Speaker, be suspended immediately,
2114without a hearing and without pay, from all privileges of
2115membership of the House pending appellate action or the end of
2116the member's term, whichever occurs first.
2117     (b)  A member suspended under the provisions of this rule
2118may, within 10 days after such suspension, file a written
2119request for a hearing, setting forth specific reasons contesting
2120the member's suspension. Upon receipt of a written request for a
2121hearing, the Speaker shall appoint a select committee, which
2122shall commence a hearing on the member's suspension within 30
2123days and issue a report to the House within 10 days after the
2124conclusion of the hearing. The report of the select committee
2125shall be final unless the member, within 10 days after the
2126issuance of the report, requests in writing that the Speaker
2127convene the full House to consider the report of the select
2128committee. Upon receipt of a request for such consideration, the
2129Speaker shall timely convene the House for such purpose.
2130     (c)  If the final appellate decision is to sustain the
2131conviction, then the member's suspension shall continue to the
2132end of the member's term. If the final appellate decision is to
2133vacate the conviction and there is a rehearing, the member shall
2134be subject to Rule 15.10. If the final appellate decision is to
2135vacate the conviction and no felony charges remain against the
2136member, the member shall be entitled to restitution of back pay
2137and other benefits retroactive to the date of suspension.
2138
2139
RULE SIXTEEN-PROCEDURES FOR CONDUCTING INVESTIGATIVE AND
2140
ENFORCEMENT PROCEEDINGS
2141
214216.1-Issuance of Subpoenas
2143     (a)  In order to carry out its duties, each standing or
2144select committee, whenever required, may issue subpoenas and
2145other necessary process to compel the attendance of witnesses
2146before such committee or the taking of a deposition pursuant to
2147these rules. The chair of the committee shall issue such process
2148on behalf of the committee after a majority of the committee
2149votes to approve issuance and the Speaker has provided written
2150approval. The chair or any other member of such committee may
2151administer all oaths and affirmations in the manner prescribed
2152by law to witnesses who shall appear before such committee for
2153the purpose of testifying in any matter about which such
2154committee may require evidence.
2155     (b)  Each standing or select committee, whenever required,
2156may also compel by subpoena duces tecum the production of any
2157books, letters, or other documentary evidence it may need to
2158examine in reference to any matter before it. The chair of the
2159standing or select committee shall issue process on behalf of
2160the standing or select committee after a majority of the
2161committee votes to approve issuance and the Speaker has provided
2162written approval.
2163
216416.2-Contempt Proceedings
2165     (a)  The House may punish, by fine or imprisonment, any
2166person who is not a member and who is guilty of disorderly or
2167contemptuous conduct in its presence or of a refusal to obey its
2168lawful summons.
2169     (b)  A person shall be deemed in contempt if the person:
2170     (1)  Fails or refuses to appear in compliance with a
2171subpoena or, having appeared, fails or refuses to testify under
2172oath or affirmation;
2173     (2)  Fails or refuses to answer any relevant question or
2174fails or refuses to furnish any relevant book, paper, or other
2175document subpoenaed on behalf of such committee; or
2176     (3)  Commits any other act or offense against such
2177committee that, if committed against the Legislature or either
2178house thereof, would constitute contempt.
2179     (c)  During a legislative session, a standing or select
2180committee may, by majority vote of all of its members, apply to
2181the House for contempt citation. The application shall be
2182considered as though the alleged contempt had been committed in
2183or against the House itself. If such committee is meeting during
2184the interim, its application shall be made to the circuit court
2185pursuant to Rule 16.6.
2186     (d)  A person guilty of contempt under this rule may be
2187fined not more than $500 or imprisoned not more than 90 days or
2188both, or may be subject to such other punishment as the House
2189may, in the exercise of its inherent powers, impose prior to and
2190in lieu of the imposition of the aforementioned penalty.
2191     (e)  The sheriffs in the several counties shall make such
2192service and execute all process or orders when required by
2193standing or select committees. Sheriffs shall be paid as
2194provided for in s. 30.231, Florida Statutes.
2195
219616.3-False Swearing
2197Whoever willfully affirms or swears falsely in regard to any
2198material matter or thing before any standing or select committee
2199is guilty of false swearing in an official proceeding, which is
2200a felony of the second degree and shall be punished as provided
2201in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
2202
220316.4-Rights of Witnesses
2204     (a)  All witnesses summoned before any standing or select
2205committee shall receive reimbursement for travel expenses and
2206per diem at the rates provided in s. 112.061, Florida Statutes.
2207However, the fact that such reimbursement is not tendered at the
2208time the subpoena is served shall not excuse the witness from
2209appearing as directed therein.
2210     (b)  Service of a subpoena requiring the attendance of a
2211person at a meeting of a standing or select committee shall be
2212made in the manner provided by law for the service of subpoenas
2213in a civil action at least 7 days prior to the date of the
2214meeting unless a shorter period of time is authorized by
2215majority vote of all the members of such committee. If a shorter
2216period of time is authorized, the persons subpoenaed shall be
2217given reasonable notice of the meeting, consistent with the
2218particular circumstances involved.
2219     (c)  Any person who is served with a subpoena to attend a
2220meeting of any standing or select committee also shall be served
2221with a general statement informing the person of the subject
2222matter of such committee's investigation or inquiry and a notice
2223that the person may be accompanied at the meeting by private
2224counsel.
2225     (d)  Upon the request of any party and the approval of a
2226majority of the standing or select committee, the chair shall
2227instruct all witnesses to leave the meeting room and retire to a
2228designated place. The witness shall be instructed by the chair
2229not to discuss the testimony of the witness or the testimony of
2230any other person with anyone until the meeting has been
2231adjourned and the witness has been discharged by the chair. The
2232witness shall be further instructed that if any person discusses
2233or attempts to discuss the matter under investigation with the
2234witness after receiving such instructions, the witness shall
2235bring such matter to the attention of such committee. No member
2236of such committee or representative thereof may discuss any
2237matter or matters pertinent to the subject matter under
2238investigation with any witness to be called before such
2239committee from the time that these instructions are given until
2240the meeting has been adjourned and the witness has been
2241discharged by the chair. Any person violating this subsection
2242shall be in contempt of the House.
2243     (e)  Any standing or select committee taking sworn
2244testimony from witnesses as provided herein shall cause a record
2245to be made of all proceedings in which testimony or other
2246evidence is demanded or adduced, which record shall include
2247rulings of the chair, questions of such committee and its staff,
2248the testimony or responses of witnesses, sworn written
2249statements submitted to the committee, and such other matters as
2250the committee or its chair may direct.
2251     (f)  A witness at a meeting, upon advance request and at
2252the witness's own expense, shall be furnished a certified
2253transcript of the witness's testimony at the meeting.
2254
225516.5-Right of Other Persons to be Heard
2256     (a)  Any person who, in the opinion of the committee, is
2257adversely affected as a result of being mentioned or otherwise
2258identified during a meeting being conducted for the purpose of
2259taking sworn testimony from witnesses of any standing or select
2260committee may, upon the request of the person or upon the
2261request of any member of such committee, appear personally
2262before such committee and testify on the person's own behalf,
2263or, with such committee's consent, file a sworn written
2264statement of facts or other documentary evidence for
2265incorporation into the record of the meeting. Any such witness,
2266however, shall, prior to filing such statement, consent to
2267answer questions from such committee regarding the contents of
2268the statement.
2269     (b)  Upon the consent of a majority of the members present,
2270a quorum having been established, any standing or select
2271committee may permit any other person to appear and testify at a
2272meeting or submit a sworn written statement of facts or other
2273documentary evidence for incorporation into the record. No
2274request to appear, appearance, or submission shall limit in any
2275way the committee's power of subpoena. Any such witness,
2276however, shall, prior to filing such statement, consent to
2277answer questions from any standing or select committee regarding
2278the contents of the statement.
2279
228016.6-Enforcement of Subpoena Out of Session
2281If any witness fails to respond to the lawful subpoena of any
2282standing or select committee at a time when the Legislature is
2283not in session or, having responded, fails to answer all lawful
2284inquiries or to turn over evidence that has been subpoenaed,
2285such committee may file a complaint before any circuit court of
2286the state setting up such failure on the part of the witness. On
2287the filing of such complaint, the court shall take jurisdiction
2288of the witness and the subject matter of the complaint and shall
2289direct the witness to respond to all lawful questions and to
2290produce all documentary evidence in the possession of the
2291witness that is lawfully demanded. The failure of any witness to
2292comply with such order of the court shall constitute a direct
2293and criminal contempt of court, and the court shall punish such
2294witness accordingly.
2295
229616.7-Definition
2297Pursuant to Rule 7.1(b) and for purposes of Rule 16, the term
2298"committee" includes the House and any subcommittee thereof.
2299
2300
RULE SEVENTEEN-ETHICS AND CONDUCT OF LOBBYISTS
2301
230217.1-Obligations of a Lobbyist
2303     (a)  A lobbyist shall supply facts, information, and
2304opinions of principals to legislators from the point of view
2305that the lobbyist openly declares. A lobbyist shall not offer or
2306propose anything that may reasonably be construed to improperly
2307influence the official act, decision, or vote of a legislator,
2308nor shall a lobbyist attempt to improperly influence the
2309selection of officers or employees of the House. A lobbyist, by
2310personal example and admonition to colleagues, shall maintain
2311the honor of the legislative process by the integrity of the
2312lobbyist's relationship with legislators as well as with the
2313principals whom the lobbyist represents.
2314     (b)  A lobbyist shall not knowingly and willfully falsify,
2315conceal, or cover up, by any trick, scheme, or device, a
2316material fact; make any false, fictitious, or fraudulent
2317statement or representation; or make or use any writing or
2318document knowing the same to contain any false, fictitious, or
2319fraudulent statement or entry.
2320     (c)  During a regular session, or any extended or special
2321session, a lobbyist may not contribute to a member's campaign.
2322     (d)  A lobbyist may not make any expenditure prohibited by
2323s. 11.045(4)(a), Florida Statutes.
2324     (e)  No registered lobbyist shall be permitted upon the
2325floor of the House while it is in session.
2326
232717.2-Advisory Opinions; Compilation Thereof
2328A lobbyist, when in doubt about the applicability and
2329interpretation of Rule 17.1 in a particular context related to
2330that lobbyist's conduct, or any person when in doubt about the
2331applicability and interpretation of s. 11.045, s. 112.3148, or
2332s. 112.3149, Florida Statutes, as such statute or statutes may
2333apply to that person, may request an advisory opinion under this
2334rule. Such request shall be in writing, addressed to the
2335Speaker, and shall contain the relevant facts. The Speaker shall
2336either refer the issue to the House general counsel for review
2337and drafting of an advisory opinion of the Speaker or refer the
2338issue to a committee designated by the Speaker to have
2339responsibility for the ethical conduct of lobbyists, and the
2340person requesting the advisory opinion may appear in person
2341before such committee. The Speaker or this committee shall
2342render advisory opinions to the person who seeks advice as to
2343whether the facts as described in the request and any
2344supplemental communication would constitute a violation of such
2345rule or statute by that person. Such opinion, until amended or
2346revoked, shall be binding upon the House in any proceeding upon
2347a subsequent complaint concerning the person who sought the
2348opinion and acted on it in good faith, unless material facts
2349were omitted or misstated in the request for the advisory
2350opinion. Upon request of the person who requested the advisory
2351opinion or any member, the committee designated by the Speaker
2352to have responsibility for the ethical conduct of lobbyists may
2353revise any advisory opinion issued by the Speaker or may revise
2354any advisory opinion issued by the general counsel of the Office
2355of Legislative Services under Joint Rule 1.8. The House general
2356counsel or this committee shall make sufficient deletions to
2357prevent disclosing the identity of persons in the decisions or
2358opinions. All advisory opinions of the Speaker or this committee
2359shall be numbered, dated, and published in an annual publication
2360of the House. The Clerk shall keep a compilation of all advisory
2361opinions.
2362
236317.3-Penalties for Violations
2364Separately from any prosecutions or penalties otherwise provided
2365by law, any person determined to have violated the foregoing
2366requirements of Rule 17, any provision in Joint Rule One, or s.
236711.045, s. 112.3148, or s. 112.3149, Florida Statutes, may be
2368reprimanded, censured, prohibited from lobbying for all or any
2369part of the legislative biennium during which the recommended
2370order is proposed, or have such other penalty imposed as may be
2371appropriate. Such determination shall be made by a majority of
2372the House, upon recommendation of the Rules & Calendar Committee
2373pursuant to Rule 18. Any prohibition or other limitation imposed
2374by the House may be continued for up to a total of 2 years by a
2375determination made by a majority of the House at or following
2376the Organization Session following the biennium during which
2377such prohibition or other limitation was imposed.
2378
2379
RULE EIGHTEEN-COMPLAINTS AGAINST MEMBERS AND
2380
OFFICERS OF THE HOUSE, LOBBYISTS, AND OTHER PERSONS
2381
238218.1-Complaints against Members and Officers of the House,
2383Lobbyists, and Other Persons; Procedure
2384Rule 18 governs proceedings on all complaints under the
2385jurisdiction of the House. Such complaints include:
2386     (a)  Those alleging violation of law, violation of the
2387House Code of Conduct, or improper conduct of a member or
2388officer that may reflect upon the House; or
2389     (b)  Violations of Joint Rule One or s. 11.045, s.
2390112.3148, or s. 112.3149, Florida Statutes, by any lobbyist or
2391person other than a member of the House.
2392
239318.2-Violations; Investigations
2394     (a)  Any person may file a sworn complaint with the Chair
2395of the Rules & Calendar Committee alleging a violation as
2396provided in Rule 18.1. The complaint shall be based on personal
2397knowledge of the complainant, shall state detailed facts, shall
2398specify the actions of the named respondent which form the basis
2399for the complaint, and shall identify each specific rule or law
2400alleged by the complainant to have been violated.
2401     (b)  Upon a determination by the Chair of the Rules &
2402Calendar Committee that the complaint states facts supporting a
2403finding of probable cause, the Speaker shall refer the complaint
2404to a special master or to a select committee. Upon a
2405determination by the Chair of the Rules & Calendar Committee
2406that the complaint fails to state facts supporting a finding of
2407probable cause, the complaint shall be dismissed.
2408     (c)  Upon referral by the Speaker of a complaint under
2409subsection (b), the special master or select committee shall
2410conduct an investigation, shall give reasonable notice to the
2411respondent, and shall grant the respondent an opportunity to be
2412heard unless the investigation fails to reveal facts supporting
2413a finding of probable cause. A special master's or select
2414committee's report and recommendation is advisory only and shall
2415be presented to the Chair of the Rules & Calendar Committee as
2416soon as practicable after the close of the investigation. If the
2417report and recommendation conclude that the facts do not support
2418a finding of probable cause, the complaint shall be dismissed by
2419the Chair of the Rules & Calendar Committee.
2420     (d)  If the complaint is not dismissed by the special
2421master or the select committee, the Rules & Calendar Committee
2422shall consider the report and recommendation, shall grant the
2423respondent an opportunity to be heard, and shall develop its own
2424recommendation. If the complaint is against the Chair of the
2425Rules & Calendar Committee, the chair is excused and the vice
2426chair shall conduct the deliberation. If the Rules & Calendar
2427Committee votes to dismiss the complaint, the Chair of the Rules
2428& Calendar Committee or vice chair shall dismiss the complaint.
2429Otherwise, the special master's or select committee's report and
2430recommendation and the recommendation of the Rules & Calendar
2431Committee shall be presented to the Speaker.
2432     (e)  The Speaker shall present the committee's
2433recommendation, along with the special master's report and
2434recommendation, to the House for final action.
2435     (f)  Nothing in this rule prohibits the Chair of the Rules
2436& Calendar Committee from correcting or preventing the alleged
2437violation by informal means if the chair determines that a
2438violation is inadvertent, technical, or otherwise de minimis.
2439     (g)  Nothing in this rule prohibits the respondent and the
2440Chair of the Rules & Calendar Committee, the special master, or
2441a select committee from agreeing to a consent decree, which
2442shall state findings of fact, and such penalty as may be
2443appropriate. If the House accepts the consent decree, the
2444complaint pursuant to these rules shall be resolved.
2445     (h)  The House may move forward with disciplinary
2446proceedings without waiting for the outcome of a criminal case.
2447
244818.3-Confidentiality
2449Any material provided to the House in response to a complaint
2450filed under Rule 18 that is confidential under applicable law
2451shall remain confidential and shall not be disclosed except as
2452authorized by applicable law. Except as otherwise provided in
2453this rule, a complaint and the records relating to a complaint
2454shall be available for public inspection upon the dismissal of a
2455complaint, a determination as to probable cause, informal
2456resolution of a complaint, or the receipt by the Speaker of a
2457request in writing from the respondent that the complaint and
2458other records relating to the complaint be made public records.
2459
246018.4-Conflict
2461If a complaint is filed against the Chair of the Rules &
2462Calendar Committee, the initial review of the complaint shall be
2463managed by the Speaker or, if designated by the Speaker, the
2464Speaker pro tempore. If a complaint is filed against the
2465Speaker, the duties of the Speaker pursuant to Rule 18 shall be
2466transferred to the Speaker pro tempore.
2467
246818.5-Time Limitations
2469     (a)  A complaint must be filed with the Speaker within 2
2470years after the alleged violation.
2471     (b)  A violation of the House Code of Conduct is committed
2472when every element necessary to establish a violation of the
2473rule has occurred, and time starts to run on the day after the
2474violation occurred.
2475     (c)  The applicable period of limitation is tolled on the
2476day a sworn complaint against the member or officer is filed
2477with the Speaker.


CODING: Words stricken are deletions; words underlined are additions.