HCR 7015

1
House Concurrent Resolution
2A concurrent resolution establishing the Joint Rules of
3the Florida Legislature for the 2010-2012 term.
4
5Be It Resolved by the House of Representatives of the State of
6Florida, the Senate Concurring:
7
8     That the following joint rules shall govern the Florida
9Legislature for the 2010-2012 term:
10
11
JOINT RULES
12
13
Joint Rule One-Lobbyist Registration and Compensation Reporting
14
151.1-Those Required to Register; Exemptions; Committee Appearance
16Records
17     (1)  All lobbyists before the Florida Legislature must
18register with the Lobbyist Registration Office in the Division
19of Legislative Information Services of the Office of Legislative
20Services. Registration is required for each principal
21represented.
22     (2)  As used in Joint Rule One, unless the context
23otherwise requires, the term:
24     (a)  "Compensation" means payment, distribution, loan,
25advance, reimbursement, deposit, salary, fee, retainer, or
26anything of value provided or owed to a lobbying firm, directly
27or indirectly, by a principal for any lobbying activity.
28     (b)  "Division" means the Division of Legislative
29Information Services within the Office of Legislative Services.
30     (c)  "Legislative action" means introduction, sponsorship,
31testimony, debate, voting, or any other official action on any
32measure, resolution, amendment, nomination, appointment, or
33report of, or any matter that may be the subject of action by,
34either house of the Legislature or any committee thereof.
35     (d)  "Lobby" or "lobbying" means influencing or attempting
36to influence legislative action or nonaction through oral or
37written communication or an attempt to obtain the goodwill of a
38member or employee of the Legislature.
39     (e)  "Lobbying firm" means any business entity, including
40an individual contract lobbyist, that receives or becomes
41entitled to receive any compensation for the purpose of lobbying
42and where any partner, owner, officer, or employee of the
43business entity is a lobbyist. "Lobbying firm" does not include
44an entity that has employees who are lobbyists if the entity
45does not derive compensation from principals for lobbying or if
46such compensation is received exclusively from a subsidiary or
47affiliate corporation of the employer. As used in this
48paragraph, an affiliate corporation is a corporation that
49directly or indirectly shares the same ultimate parent
50corporation as the employer and does not receive compensation
51for lobbying from any unaffiliated entity.
52     (f)  "Lobbyist" means a person who is employed and receives
53payment, or who contracts for economic consideration, for the
54purpose of lobbying or a person who is principally employed for
55governmental affairs by another person or governmental entity to
56lobby on behalf of that other person or governmental entity. An
57employee of the principal is not a "lobbyist" unless the
58employee is principally employed for governmental affairs.
59"Principally employed for governmental affairs" means that one
60of the principal or most significant responsibilities of the
61employee to the employer is overseeing the employer's various
62relationships with government or representing the employer in
63its contacts with government. Any person employed by the
64Governor, the Executive Office of the Governor, or any executive
65or judicial department of the state or any community college of
66the state who seeks to encourage the passage, defeat, or
67modification of any legislation by personal appearance or
68attendance before the House of Representatives or the Senate, or
69any member or committee thereof, is a lobbyist.
70     (g)  "Payment" or "salary" means wages or any other
71consideration provided in exchange for services but does not
72include reimbursement for expenses.
73     (h)  "Principal" means the person, firm, corporation, or
74other entity that has employed or retained a lobbyist. When an
75association has employed or retained a lobbyist, the association
76is the principal; the individual members of the association are
77not principals merely because of their membership in the
78association.
79     (i)  "Unusual circumstances," with respect to any failure
80of a person to satisfy a filing requirement, means uncommon,
81rare, or sudden events over which the person has no control and
82which directly result in the failure to satisfy the filing
83requirement.
84     (3)  For purposes of this rule, the terms "lobby" and
85"lobbying" do not include any of the following:
86     (a)  Response to an inquiry for information made by any
87member, committee, or staff of the Legislature.
88     (b)  An appearance in response to a legislative subpoena.
89     (c)  Advice or services that arise out of a contractual
90obligation with the Legislature, a member, a committee, any
91staff, or any legislative entity to render the advice or
92services where such obligation is fulfilled through the use of
93public funds.
94     (d)  Representation of a client before the House of
95Representatives or the Senate, or any member or committee
96thereof, when the client is subject to disciplinary action by
97the House of Representatives or the Senate, or any member or
98committee thereof.
99     (4)  For purposes of registration and reporting, the term
100"lobbyist" does not include any of the following:
101     (a)  A member of the Legislature.
102     (b)  A person who is employed by the Legislature.
103     (c)  A judge who is acting in that judge's official
104capacity.
105     (d)  A person who is a state officer holding elective
106office or an officer of a political subdivision of the state
107holding elective office and who is acting in that officer's
108official capacity.
109     (e)  A person who appears as a witness or for the purpose
110of providing information at the written request of the chair of
111a committee, subcommittee, or legislative delegation.
112     (f)  A person employed by any executive or judicial
113department of the state or any community college of the state
114who makes a personal appearance or attendance before the House
115of Representatives or the Senate, or any member or committee
116thereof, while that person is on approved leave or outside
117normal working hours and who does not otherwise meet the
118definition of lobbyist.
119     (5)  When a person, regardless of whether the person is
120registered as a lobbyist, appears before a committee of the
121Legislature, that person must submit a Committee Appearance
122Record as required by the respective house.
123     (6)  The responsibilities of the division and of the
124Lobbyist Registration Office under Joint Rule One may be
125assigned to another entity by agreement of the President of the
126Senate and the Speaker of the House of Representatives for a
127contract period not to extend beyond December 1 following the
128Organization Session of the next biennium, provided that the
129powers and duties of the President, the Speaker, the General
130Counsel of the Office of Legislative Services, and any
131legislative committee referenced in Joint Rule One may not be
132delegated.
133
1341.2-Method of Registration
135     (1)  Each person who is required to register must register
136on forms furnished by the Lobbyist Registration Office, on which
137that person must state, under oath, that person's full legal
138name, business address, and telephone number, the name and
139business address of each principal that person represents, and
140the extent of any direct business association or partnership
141that person has with any member of the Legislature. In addition,
142if the lobbyist is a partner, owner, officer, or employee of a
143lobbying firm, the lobbyist must state the name, address, and
144telephone number of each lobbying firm to which the lobbyist
145belongs. The Lobbyist Registration Office or its designee is
146authorized to acknowledge the oath of any person who registers
147in person. Any changes to the information provided in the
148registration form must be reported to the Lobbyist Registration
149Office in writing within 15 days on forms furnished by the
150Lobbyist Registration Office.
151     (2)  Any person required to register must do so with
152respect to each principal prior to commencement of lobbying on
153behalf of that principal. At the time of registration, the
154registrant shall provide a statement on a form provided by the
155Lobbyist Registration Office, signed by the principal or
156principal's representative, that the registrant is authorized to
157represent the principal. On the authorization statement, the
158principal or principal's representative shall also identify and
159designate the principal's main business pursuant to a
160classification system approved by the Office of Legislative
161Services that shall be the North American Industry
162Classification System (NAICS) six-digit numerical code that most
163accurately describes the principal's main business.
164     (3)  Any person required to register must renew the
165registration annually for each calendar year.
166     (4)  A lobbyist shall promptly send a notice to the
167Lobbyist Registration Office, on forms furnished by the Lobbyist
168Registration Office, canceling the registration for a principal
169upon termination of the lobbyist's representation of that
170principal. A notice of cancellation takes effect the day it is
171received by the Lobbyist Registration Office. Notwithstanding
172this requirement, the Lobbyist Registration Office may remove
173the name of a lobbyist from the list of registered lobbyists if
174the principal notifies the Lobbyist Registration Office that the
175lobbyist is no longer authorized to represent that principal.
176     (5)  The Lobbyist Registration Office shall retain all
177original registration documents submitted under this rule.
178     (6)  A person who is required to register under Joint Rule
179One, or who chooses to register, shall be considered a lobbyist
180of the Legislature for the purposes of ss. 11.045, 112.3148, and
181112.3149, Florida Statutes.
182
1831.3-Registration Costs; Exemptions
184     (1)  To cover the costs incurred in administering Joint
185Rule One, each person who registers under Joint Rule 1.1 must
186pay an annual registration fee to the Lobbyist Registration
187Office. The annual period runs from January 1 to December 31.
188These fees must be paid at the time of registration.
189     (2)  The following persons are exempt from paying the fee,
190provided they are designated in writing by the agency head or
191person designated in this subsection:
192     (a)  Two employees of each department of the executive
193branch created under chapter 20, Florida Statutes.
194     (b)  Two employees of the Fish and Wildlife Conservation
195Commission.
196     (c)  Two employees of the Executive Office of the Governor.
197     (d)  Two employees of the Commission on Ethics.
198     (e)  Two employees of the Florida Public Service
199Commission.
200     (f)  Two employees of the judicial branch designated in
201writing by the Chief Justice of the Florida Supreme Court.
202     (3)  The annual fee is up to $50 per each house for a
203person to register to represent one principal and up to an
204additional $10 per house for each additional principal that the
205person registers to represent. The amount of each fee shall be
206established annually by the President of the Senate and the
207Speaker of the House of Representatives. The fees set shall be
208adequate to ensure operation of the lobbyist registration and
209reporting operations of the Lobbyist Registration Office. The
210fees collected by the Lobbyist Registration Office under this
211rule shall be deposited in the State Treasury and credited to
212the Legislative Lobbyist Registration Trust Fund specifically to
213cover the costs incurred in administering Joint Rule One.
214
2151.4-Reporting of Lobbying Firm Compensation
216     (1)(a)  Each lobbying firm shall file a compensation report
217with the division for each calendar quarter during any portion
218of which one or more of the firm's lobbyists were registered to
219represent a principal. The report shall include the:
220     1.  Full name, business address, and telephone number of
221the lobbying firm;
222     2.  Registration name of each of the firm's lobbyists; and
223     3.  Total compensation provided or owed to the lobbying
224firm from all principals for the reporting period, reported in
225one of the following categories: $0; $1 to $49,999; $50,000 to
226$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
227$999,999; or $1 million or more.
228     (b)  For each principal represented by one or more of the
229firm's lobbyists, the lobbying firm's compensation report shall
230also include the:
231     1.  Full name, business address, and telephone number of
232the principal; and
233     2.  Total compensation provided or owed to the lobbying
234firm for the reporting period, reported in one of the following
235categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
236$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
237more. If the category "$50,000 or more" is selected, the
238specific dollar amount of compensation must be reported, rounded
239up or down to the nearest $1,000.
240     (c)  If the lobbying firm subcontracts work from another
241lobbying firm and not from the original principal:
242     1.  The lobbying firm providing the work to be
243subcontracted shall be treated as the reporting lobbying firm's
244principal for reporting purposes under this paragraph; and
245     2.  The reporting lobbying firm shall, for each lobbying
246firm identified as the reporting lobbying firm's principal under
247paragraph (b), identify the name and address of the principal
248originating the lobbying work.
249     (d)  The senior partner, officer, or owner of the lobbying
250firm shall certify to the veracity and completeness of the
251information submitted pursuant to this rule; certify that no
252compensation has been omitted from this report by deeming such
253compensation as "consulting services," "media services,"
254"professional services," or anything other than compensation;
255and certify that no officer or employee of the firm has made an
256expenditure in violation of s. 11.045, Florida Statutes, as
257amended by chapter 2005-359, Laws of Florida.
258     (2)  For each principal represented by more than one
259lobbying firm, the division shall aggregate the reporting-period
260and calendar-year compensation reported as provided or owed by
261the principal. Compensation reported within a category shall be
262aggregated as follows:
263
 
Category (dollars)Dollar amount to use aggregating
264
 
     0     $     0
265
 
     1-9,999     5,000
266
 
     10,000-19,999     15,000
267
 
     20,000-29,999     25,000
268
 
     30,000-39,999     35,000
269
 
     40,000-49,999     45,000
270
 
     $50,000 or more     Actual amount reported
271
272     (3)  The reporting statements shall be filed no later than
27345 days after the end of each reporting period. The four
274reporting periods are from January 1 through March 31, April 1
275through June 30, July 1 through September 30, and October 1
276through December 31, respectively. The statements shall be
277rendered in the identical form provided by the respective houses
278and shall be open to public inspection. Reporting statements
279shall be filed by electronic means through the electronic filing
280system developed by the division, conforming to subsection (4).
281     (4)  The electronic filing system for compensation
282reporting shall include the following:
283     (a)  As used in this rule, the term "electronic filing
284system" means an Internet system for recording and reporting
285lobbying compensation and other required information by
286reporting period.
287     (b)  A report filed pursuant to this rule must be completed
288and filed through the electronic filing system not later than
28911:59 p.m. of the day designated in subsection (3). A report not
290filed by 11:59 p.m. of the day designated is a late-filed report
291and is subject to the penalties under Joint Rule 1.5(1).
292     (c)  Each person given secure sign-on credentials to file
293via the electronic filing system is responsible for protecting
294the credentials from disclosure and is responsible for all
295filings made by use of such credentials, unless and until the
296division is notified that the person's credentials have been
297compromised. Each report filed by electronic means pursuant to
298this rule shall be deemed certified in accordance with paragraph
299(1)(d) by the person given the secure sign-on credentials and,
300as such, subjects the person and the lobbying firm to the
301provisions of s. 11.045(8), Florida Statutes, as well as any
302discipline provided under the rules of the Senate or House of
303Representatives.
304     (d)  The electronic filing system shall:
305     1.  Be based on access by means of the Internet.
306     2.  Be accessible by anyone with Internet access using
307standard web-browsing software.
308     3.  Provide for direct entry of compensation-report
309information as well as upload of such information from software
310authorized by the division.
311     4.  Provide a method that prevents unauthorized access to
312electronic filing system functions.
313     5.  Provide for the issuance of an electronic receipt to
314the person submitting the report indicating and verifying the
315date and time that the report was filed.
316     (5)  The division shall provide reasonable public notice of
317the electronic filing procedures and of any significant changes
318in such procedures. If, whenever they deem it necessary, the
319President of the Senate and the Speaker of the House of
320Representatives jointly declare the electronic system not to be
321operable, the reports shall be filed in the manner required
322prior to April 1, 2007, as provided by House Concurrent
323Resolution 7011 (2007), enrolled, unless the President of the
324Senate and the Speaker of the House of Representatives direct
325use of an alternate means of reporting. The division shall
326develop and maintain such alternative means as may be
327practicable. Public notice of changes in filing procedures and
328any declaration or direction of the President of the Senate and
329the Speaker of the House of Representatives may be provided by
330publication for a continuous period of reasonable time on one or
331more Internet websites maintained by the Senate and the House of
332Representatives.
333
3341.5-Failure to File Timely Compensation Report; Notice and
335Assessment of Fines; Appeals
336     (1)  Upon determining that the report is late, the person
337designated to review the timeliness of reports shall immediately
338notify the lobbying firm as to the failure to timely file the
339report and that a fine is being assessed for each late day. The
340fine shall be $50 per day per report for each late day, not to
341exceed $5,000 per report.
342     (2)  Upon receipt of the report, the person designated to
343review the timeliness of reports shall determine the amount of
344the fine based on when the report is actually received by the
345division or when the electronic receipt issued by the electronic
346filing system is dated, whichever is earlier.
347     (3)  Such fine shall be paid within 30 days after the
348notice of payment due is transmitted by the person designated to
349review the timeliness of reports, unless appeal is made to the
350division. The moneys shall be deposited into the Legislative
351Lobbyist Registration Trust Fund.
352     (4)  A fine shall not be assessed against a lobbying firm
353the first time the report for which the lobbying firm is
354responsible is not timely filed. However, to receive the one-
355time fine waiver, the report for which the lobbying firm is
356responsible must be filed within 30 days after notice that the
357report has not been timely filed is transmitted by the person
358designated to review the timeliness of reports. A fine shall be
359assessed for any subsequent late-filed reports.
360     (5)  Any lobbying firm may appeal or dispute a fine, based
361upon unusual circumstances surrounding the failure to file on
362the designated due date, and may request and shall be entitled
363to a hearing before the General Counsel of the Office of
364Legislative Services, who shall recommend to the President of
365the Senate and the Speaker of the House of Representatives, or
366their respective designees, that the fine be waived in whole or
367in part for good cause shown. The President of the Senate and
368the Speaker of the House of Representatives, or their respective
369designees, may by joint agreement concur in the recommendation
370and waive the fine in whole or in part. Any such request shall
371be made within 30 days after the notice of payment due is
372transmitted by the person designated to review the timeliness of
373reports. In such case, the lobbying firm shall, within the 30-
374day period, notify the person designated to review the
375timeliness of reports in writing of his or her intention to
376request a hearing.
377     (6)  A lobbying firm may request that the filing of a
378report be waived upon good cause shown, based on unusual
379circumstances. The request must be filed with the General
380Counsel of the Office of Legislative Services, who shall make a
381recommendation concerning the waiver request to the President of
382the Senate and the Speaker of the House of Representatives. The
383President of the Senate and the Speaker of the House of
384Representatives may, by joint agreement, grant or deny the
385request.
386     (7)(a)  All lobbyist registrations for lobbyists who are
387partners, owners, officers, or employees of a lobbying firm that
388fails to timely pay a fine are automatically suspended until the
389fine is paid or waived and all late reports have been filed or
390waived. The division shall promptly notify all affected
391principals, the President of the Senate, and the Speaker of the
392House of Representatives of any suspension or reinstatement. All
393lobbyists who are partners, owners, officers, or employees of a
394lobbying firm are jointly and severally liable for any
395outstanding fine owed by a lobbying firm.
396     (b)  No such lobbyist may be reinstated in any capacity
397representing any principal until the fine is paid and all late
398reports have been filed or waived or until the fine is waived as
399to that lobbyist and all late reports for that lobbyist have
400been filed or waived. A suspended lobbyist may request a waiver
401upon good cause shown, based on unusual circumstances. The
402request must be filed with the General Counsel of the Office of
403Legislative Services who shall, as soon as practicable, make a
404recommendation concerning the waiver request to the President of
405the Senate and the Speaker of the House of Representatives. The
406President of the Senate and the Speaker of the House of
407Representatives may, by joint agreement, grant or deny the
408request.
409     (8)  The person designated to review the timeliness of
410reports shall notify the director of the division of the failure
411of a lobbying firm to file a report after notice or of the
412failure of a lobbying firm to pay the fine imposed.
413
4141.6-Open Records; Internet Publication of Registrations and
415Compensation Reports
416     (1)  All of the lobbyist registration forms and
417compensation reports received by the Lobbyist Registration
418Office shall be available for public inspection and for
419duplication at reasonable cost.
420     (2)  The division shall make information filed pursuant to
421Joint Rules 1.2 and 1.4 reasonably available on the Internet in
422an easily understandable and accessible format. The Internet
423website shall include, but not be limited to, the names and
424business addresses of lobbyists, lobbying firms, and principals,
425the affiliations between lobbyists and principals, and the
426classification system designated and identified with respect to
427principals pursuant to Joint Rule 1.2.
428
4291.7-Records Retention and Inspection and Complaint Procedure
430     (1)  Each lobbying firm and each principal shall preserve
431for a period of 4 years all accounts, bills, receipts, computer
432records, books, papers, and other documents and records
433necessary to substantiate compensation reports.
434     (2)  Upon receipt of a complaint based upon the personal
435knowledge of the complainant made pursuant to the Senate Rules
436or Rules of the House of Representatives, any such documents and
437records may be inspected when authorized by the President of the
438Senate or the Speaker of the House of Representatives, as
439applicable. The person authorized to perform the inspection
440shall be designated in writing and shall be a member of The
441Florida Bar or a certified public accountant licensed in
442Florida. Any information obtained by such an inspection may only
443be used for purposes authorized by law, this Joint Rule One,
444Senate Rules, or Rules of the House of Representatives, which
445purposes may include the imposition of sanctions against a
446person subject to Joint Rule One, the Senate Rules, or the Rules
447of the House of Representatives. Any employee who uses that
448information for an unauthorized purpose is subject to
449discipline. Any member who uses that information for an
450unauthorized purpose is subject to discipline under the
451applicable rules of each house.
452     (3)  The right of inspection may be enforced by appropriate
453writ issued by any court of competent jurisdiction.
454
4551.8-Questions Regarding Interpretation of this Joint Rule One
456     (1)  A person may request in writing an informal opinion
457from the General Counsel of the Office of Legislative Services
458as to the application of this Joint Rule One to a specific
459situation involving that person's conduct. The General Counsel
460shall issue the opinion within 10 days after receiving the
461request. The informal opinion may be relied upon by the person
462who requested the informal opinion. A copy of each informal
463opinion that is issued shall be provided to the presiding
464officer of each house. A committee of either house designated
465pursuant to s. 11.045(5), Florida Statutes, may revise any
466informal opinion rendered by the General Counsel through an
467advisory opinion to the person who requested the informal
468opinion. The advisory opinion shall supersede the informal
469opinion as of the date the advisory opinion is issued.
470     (2)  A person in doubt about the applicability or
471interpretation of this Joint Rule One with respect to that
472person's conduct may submit in writing the facts for an advisory
473opinion to the committee of either house designated pursuant to
474section 11.045(5), Florida Statutes, and may appear in person
475before the committee in accordance with s. 11.045(5), Florida
476Statutes.
477
4781.9-Effect of Readoption and Revision
479All obligations existing under Joint Rule One as of the last day
480of the previous legislative biennium are hereby ratified,
481preserved, and reimposed pursuant to the terms thereof as of
482that date. The provisions of Joint Rule One are imposed
483retroactively to the first day of the present legislative
484biennium except that provisions new to this revision are
485effective on the date of adoption or as otherwise expressly
486provided herein.
487
488
Joint Rule Two-General Appropriations Review Period
489
4902.1-General Appropriations and Related Bills; Review Periods
491     (1)  A general appropriations bill shall be subject to a
49272-hour public review period before a vote is taken on final
493passage of the bill in the form that will be presented to the
494Governor.
495     (2)  If a bill is returned to the house in which the bill
496originated and the originating house does not concur in all the
497amendments or adds additional amendments, no further action
498shall be taken on the bill by the nonoriginating house, and a
499conference committee shall be established by operation of this
500rule to consider the bill.
501     (3)  If a bill is referred to a conference committee by
502operation of this rule, a 72-hour public review period shall be
503provided prior to a vote being taken on the conference committee
504report by either house.
505     (4)  A copy of the bill, a copy of the bill with amendments
506adopted by the nonoriginating house, or the conference committee
507report shall be furnished to each member of the Legislature, the
508Governor, the Chief Justice of the Supreme Court, and each
509member of the Cabinet. Copies for the Governor, Chief Justice,
510and members of the Cabinet shall be furnished to the official's
511office in the Capitol or Supreme Court Building.
512     (5)(a)  Copies required to be furnished under subsection
513(4) shall be furnished to members of the Legislature as follows:
514     1.  A printed copy may be placed on each member's desk in
515the appropriate chamber; or
516     2.  An electronic copy may be furnished to each member. The
517Legislature hereby deems and determines that a copy shall have
518been furnished to the members of the Legislature when an
519electronic copy is made available to every member of the
520Legislature. An electronic copy is deemed to have been made
521available when it is accessible via the Internet or other
522information network consisting of systems ordinarily serving the
523members of the Senate or the House of Representatives.
524     (b)  An official other than a member of the Legislature who
525is to be furnished a copy of a general appropriations bill under
526subsection (4) may officially request that an electronic copy of
527the bill be furnished in lieu of a printed copy, and, if
528practicable, the copy may be furnished to the official in the
529manner requested.
530     (6)  The Secretary of the Senate shall be responsible for
531furnishing copies under this rule for Senate bills, House bills
532as amended by the Senate, and conference committee reports on
533Senate bills. The Clerk of the House shall be responsible for
534furnishing copies under this rule for House bills, Senate bills
535as amended by the House, and conference committee reports on
536House bills.
537     (7)  The 72-hour public review period shall begin to run
538upon completion of the furnishing of copies required to be
539furnished under subsection (4). The Speaker of the House of
540Representatives and the President of the Senate, as appropriate,
541shall be informed of the completion time, and such time shall be
542announced on the floor prior to vote on final passage in each
543house and shall be entered in the journal of each house.
544Saturdays, Sundays, and holidays shall be included in the
545computation under this rule.
546     (8)  An implementing or conforming bill recommended by a
547conference committee shall be subject to a 24-hour public review
548period before a vote is taken on the conference committee report
549by either house, if the conference committee submits its report
550after the furnishing of a general appropriations bill to which
551the 72-hour public review period applies.
552     (9)  With respect to each bill that may be affected, a
553member of the Senate or the House of Representatives may not
554raise a point of order under this rule after a vote is taken on
555the bill. Except as may be required by the Florida Constitution,
556noncompliance with any requirement of this rule may be waived by
557a two-thirds vote of those members present and voting in each
558house.
559
5602.2-General Appropriations and Related Bills; Definitions
561As used in Joint Rule Two, the term:
562     (1)  "Conforming bill" means a bill that amends the Florida
563Statutes to conform to a general appropriations bill.
564     (2)  "General appropriations bill" means a bill that
565provides for the salaries of public officers and other current
566expenses of the state and contains no subject other than
567appropriations. A bill that contains appropriations that are
568incidental and necessary solely to implement a substantive law
569is not included within this term. For the purposes of Joint Rule
570Two and Section 19(d) of Article III of the Florida
571Constitution, the Legislature hereby determines that, after a
572general appropriations bill has been enacted and establishes
573governing law for a particular fiscal year, a bill considered in
574any subsequent session that makes net reductions in such enacted
575appropriations or that makes supplemental appropriations shall
576not be deemed to be a general appropriations bill unless such
577bill provides for the salaries of public officers and other
578current expenses of the state for a subsequent fiscal year.
579     (3)  "Implementing bill" means a bill, effective for one
580fiscal year, implementing a general appropriations bill.
581
582
Joint Rule Three-Joint Offices and Policies
583
5843.1-Joint Legislative Offices
585     (1)  The following offices of the Legislature are
586established:
587     (a)  Office of Economic and Demographic Research.
588     (b)  Office of Legislative Information Technology Services.
589     (c)  Office of Legislative Services.
590     (d)  Office of Program Policy Analysis and Government
591Accountability.
592     (2)  Offices established under this rule shall provide
593support services to the Legislature that are determined by the
594President of the Senate and the Speaker of the House of
595Representatives to be necessary and that can be effectively
596provided jointly to both houses and other units of the
597Legislature. Each office shall be directed by a coordinator
598selected by and serving at the pleasure of the President of the
599Senate and the Speaker of the House of Representatives. Upon the
600initial adoption of these joint rules in a biennium, each
601coordinator position shall be deemed vacant until an appointment
602is made.
603     (3)  Within the monetary limitations of the approved
604operating budget, the salaries and expenses of the coordinator
605and the staff of each office shall be governed by joint
606policies.
607     (4)  The Office of Legislative Services shall provide
608legislative support services other than those prescribed in
609subsections (5)-(7). The Division of Statutory Revision and the
610Division of Legislative Information shall be two of the
611divisions within the Office of Legislative Services.
612     (5)  The Office of Legislative Information Technology
613Services shall provide support services to assist the
614Legislature in achieving its objectives through the application
615of cost-effective information technology.
616     (6)  The Office of Economic and Demographic Research shall
617provide research support services, principally regarding
618forecasting economic and social trends that affect policymaking,
619revenues, and appropriations.
620     (7)  The Office of Program Policy Analysis and Government
621Accountability shall:
622     (a)  Perform independent examinations, program reviews, and
623other projects as provided by general law, as provided by
624concurrent resolution, as directed by the Legislative Auditing
625Committee, or as directed by the President of the Senate or the
626Speaker of the House and shall provide recommendations,
627training, or other services to assist the Legislature.
628     (b)  Transmit to the President of the Senate and the
629Speaker of the House of Representatives, by December 1 of each
630year, a list of statutory and fiscal changes recommended by
631office reports. The recommendations shall be presented in two
632categories: one addressing substantive law and policy issues and
633the other addressing budget issues.
634
6353.2-Joint Policies
636     (1)  The President of the Senate and the Speaker of the
637House of Representatives shall jointly adopt policies they
638consider advisable to carry out the functions of the
639Legislature. Such policies shall be binding on all employees of
640joint offices and joint committees.
641     (2)  The employees of all joint committees and joint
642legislative offices shall be under the exclusive control of the
643Legislature. No officer or agency in the executive or judicial
644branch shall exercise any manner of control over legislative
645employees with respect to the exercise of their duties or the
646terms and conditions of their employment.
647
648
Joint Rule Four-Joint Committees
649
6504.1-Standing Joint Committees
651     (1)  The following standing joint committees are
652established:
653     (a)  Administrative Procedures Committee.
654     (b)  Committee on Public Counsel Oversight.
655     (c)  Legislative Auditing Committee.
656     (2)  No other joint committee shall exist except as agreed
657to by the presiding officers or by concurrent resolution
658approved by the Senate and the House of Representatives.
659     (3)  Appointments to each standing joint committee shall be
660made or altered and vacancies shall be filled by the Senate and
661the House of Representatives in accordance with their respective
662rules. There shall be appointed to each standing joint committee
663no fewer than five and no more than seven members from each
664house.
665     (4)(a)  The President of the Senate shall appoint a member
666of the Senate to serve as the chair, and the Speaker of the
667House of Representatives shall appoint a member of the House of
668Representatives to serve as the vice chair for:
669     1.  The Legislative Auditing Committee and the Committee on
670Public Counsel Oversight, for the period from the Organization
671Session until noon on December 1 of the calendar year following
672the general election.
673     2.  The Administrative Procedures Committee for the period
674from noon on December 1 of the calendar year following the
675general election until the next general election.
676     (b)  The Speaker of the House of Representatives shall
677appoint a member of the House of Representatives to serve as the
678chair, and the President of the Senate shall appoint a member of
679the Senate to serve as the vice chair for:
680     1.  The Legislative Auditing Committee and the Committee on
681Public Counsel Oversight, for the period from noon on December 1
682of the calendar year following the general election until the
683next general election.
684     2.  The Administrative Procedures Committee for the period
685from the Organization Session until noon on December 1 of the
686calendar year following the general election.
687     (c)  A vacancy in an appointed chair or vice chair shall be
688filled in the same manner as the original appointment.
689
6904.2-Procedures in Joint Committees
691The following rules shall govern procedures in joint committees
692other than conference committees:
693     (1)  A quorum for a joint committee shall be a majority of
694the appointees of each house. No business of any type may be
695conducted in the absence of a quorum.
696     (2)(a)  Joint committees shall meet only within the dates,
697times, and locations authorized by both the President of the
698Senate and the Speaker of the House of Representatives.
699     (b)  Joint committee meetings shall meet at the call of the
700chair. In the absence of the chair, the vice chair shall assume
701the duty to convene and preside over meetings and such other
702duties as provided by law or joint rule. During a meeting
703properly convened, the presiding chair may temporarily assign
704the duty to preside at that meeting to another joint committee
705member until the assignment is relinquished or revoked.
706     (c)  Before any joint committee may hold a meeting, a
707notice of such meeting shall be provided to the Secretary of the
708Senate and the Clerk of the House of Representatives no later
709than 4:30 p.m. of the 7th day before the meeting. For purposes
710of effecting notice to members of the house to which the chair
711does not belong, notice to the Secretary of the Senate shall be
712deemed notice to members of the Senate and notice to the Clerk
713of the House shall be deemed notice to members of the House of
714Representatives. Noticed meetings may be canceled by the chair
715with the approval of at least one presiding officer.
716     (d)  If a majority of its members from each house agree, a
717joint committee may continue a properly noticed meeting after
718the expiration of the time called for the meeting. However, a
719joint committee may not meet beyond the time authorized by the
720presiding officers without special leave granted by both
721presiding officers.
722     (3)  The presiding officers shall interpret, apply, and
723enforce rules governing joint committees by agreement when the
724rule at issue is a joint rule. Unless otherwise determined or
725overruled by an agreement of the presiding officers, the chair
726shall determine all questions of order arising in joint
727committee meetings, but such determinations may be appealed to
728the committee during the meeting.
729     (4)  Each question, including any appeal of a ruling of the
730chair, shall be decided by a majority vote of the members of the
731joint committee of each house present and voting.
732
7334.3-Powers of Joint Committees
734     (1)  A joint committee may exercise the subpoena powers
735vested by law in a standing committee of the Legislature. A
736subpoena issued under this rule must be approved and signed by
737the President of the Senate and the Speaker of the House of
738Representatives and attested by the Secretary of the Senate and
739the Clerk of the House.
740     (2)  A joint committee may adopt rules of procedure that do
741not conflict with the Florida Constitution or any law or joint
742rule, subject to the joint approval of the President of the
743Senate and the Speaker of the House of Representatives.
744     (3)  A joint committee may not create subcommittees or
745workgroups unless authorized by both presiding officers.
746
7474.4-Administration of Joint Committees
748     (1)  Within the monetary limitations of the approved
749operating budget, the expenses of the members and the salaries
750and expenses of the staff of each joint committee shall be
751governed by joint policies adopted under Joint Rule 3.2. Within
752such operating budget, the chair of each joint committee shall
753approve all authorized member expenses.
754     (2)  Subject to joint policies adopted under Joint Rule
7553.2, the presiding officers shall appoint and remove the staff
756director and, if needed, a general counsel and any other staff
757necessary to assist each joint committee. All joint committee
758staff shall serve at the pleasure of the presiding officers.
759Upon the initial adoption of these joint rules in a biennium,
760each joint committee staff director position shall be deemed
761vacant until an appointment is made.
762
7634.5-Special Powers and Duties of the Legislative Auditing
764Committee
765     (1)  The Legislative Auditing Committee may direct the
766Auditor General or the Office of Program Policy Analysis and
767Government Accountability to conduct an audit, review, or
768examination of any entity or record described in s. 11.45(2) or
769(3), Florida Statutes.
770     (2)  The Legislative Auditing Committee may receive
771requests for audits and reviews from legislators and any audit
772request, petition for audit, or other matter for investigation
773directed or referred to it pursuant to general law. The
774committee may make any appropriate disposition of such requests
775or referrals and shall, within a reasonable time, report to the
776requesting party the disposition of any audit request.
777     (3)  The Legislative Auditing Committee may review the
778performance of the Auditor General and report thereon to the
779Senate and the House of Representatives.
780
7814.6-Special Powers and Duties of the Administrative Procedures
782Committee
783The Administrative Procedures Committee shall:
784     (1)  Maintain a continuous review of the statutory
785authority on which each administrative rule is based and,
786whenever such authority is eliminated or significantly changed
787by repeal, amendment, holding by a court of last resort, or
788other factor, advise the agency concerned of the fact.
789     (2)  Maintain a continuous review of administrative rules
790and identify and request an agency to repeal any rule or any
791provision of any rule that reiterates or paraphrases any statute
792or for which the statutory authority has been repealed.
793     (3)  Review administrative rules and advise the agencies
794concerned of its findings.
795     (4)  Exercise the duties prescribed by chapter 120, Florida
796Statutes, concerning the adoption and promulgation of rules.
797     (5)  Generally review agency action pursuant to the
798operation of chapter 120, Florida Statutes, the Administrative
799Procedure Act.
800     (6)  Report to the President of the Senate and the Speaker
801of the House of Representatives at least annually, no later than
802the first week of the regular session, and recommend needed
803legislation or other appropriate action. Such report shall
804include the number of objections voted by the committee, the
805number of suspensions recommended by the committee, the number
806of administrative determinations filed on the invalidity of a
807proposed or existing rule, the number of petitions for judicial
808review filed on the invalidity of a proposed or existing rule,
809and the outcomes of such actions. Such report shall also include
810any recommendations provided to the standing committees during
811the preceding year under subsection (11).
812     (7)  Consult regularly with legislative standing committees
813that have jurisdiction over the subject areas addressed in
814agency proposed rules regarding legislative authority for the
815proposed rules and other matters relating to legislative
816authority for agency action.
817     (8)  Subject to the approval of the President of the Senate
818and the Speaker of the House of Representatives, have standing
819to seek judicial review, on behalf of the Legislature or the
820citizens of this state, of the validity or invalidity of any
821administrative rule to which the committee has voted an
822objection and that has not been withdrawn, modified, repealed,
823or amended to meet the objection. Judicial review under this
824subsection may not be initiated until the Governor and the head
825of the agency making the rule to which the committee has
826objected have been notified of the committee's proposed action
827and have been given a reasonable opportunity, not to exceed 60
828days, for consultation with the committee. The committee may
829expend public funds from its appropriation for the purpose of
830seeking judicial review.
831     (9)  Maintain a continuous review of the administrative
832rulemaking process, including a review of agency procedure and
833of complaints based on such agency procedure.
834     (10)  Establish measurement criteria to evaluate whether
835agencies are complying with the delegation of legislative
836authority in adopting and implementing rules.
837     (11)  Maintain a continuous review of statutes that
838authorize agencies to adopt rules and shall make recommendations
839to the appropriate standing committees of the Senate and the
840House of Representatives as to the advisability of considering
841changes to the delegated legislative authority to adopt rules in
842specific circumstances.
843
8444.7-Special Powers and Duties of the Committee on Public Counsel
845Oversight
846     (1)  The Committee on Public Counsel Oversight shall
847appoint a Public Counsel.
848     (2)  The Committee on Public Counsel Oversight may file a
849complaint with the Commission on Ethics alleging a violation of
850chapter 350, Florida Statutes, by a current or former public
851service commissioner, an employee of the Public Service
852Commission, or a member of the Public Service Commission
853Nominating Council.
854     (3)  Notwithstanding Joint Rule 4.4(2), the Committee on
855Public Counsel Oversight shall not have any permanent staff but
856shall be served as needed by other legislative staff selected by
857the President of the Senate and the Speaker of the House of
858Representatives.
859
860
Joint Rule Five-Auditor General
861
8625.1-Rulemaking Authority
863The Auditor General shall make and enforce reasonable rules and
864regulations necessary to facilitate audits that he or she is
865authorized to perform.
866
8675.2-Budget and Accounting
868     (1)  The Auditor General shall prepare and submit annually
869to the President of the Senate and the Speaker of the House of
870Representatives for their joint approval a proposed budget for
871the ensuing fiscal year.
872     (2)  Within the limitations of the approved operating
873budget, the salaries and expenses of the Auditor General and the
874staff of the Auditor General shall be paid from the
875appropriation for legislative expenses or any other moneys
876appropriated by the Legislature for that purpose. The Auditor
877General shall approve all bills for salaries and expenses for
878his or her staff before the same shall be paid.
879
8805.3-Audit Report Distribution
881     (1)  A copy of each audit report shall be submitted to the
882Governor, to the Chief Financial Officer, and to the officer or
883person in charge of the state agency or political subdivision
884audited. One copy shall be filed as a permanent public record in
885the office of the Auditor General. In the case of county
886reports, one copy of the report of each county office, school
887district, or other district audited shall be submitted to the
888board of county commissioners of the county in which the audit
889was made and shall be filed in the office of the clerk of the
890circuit court of that county as a public record. When an audit
891is made of the records of the district school board, a copy of
892the audit report shall also be filed with the district school
893board, and thereupon such report shall become a part of the
894public records of such board.
895     (2)  A copy of each audit report shall be made available to
896each member of the Legislative Auditing Committee.
897     (3)  The Auditor General shall transmit a copy of each
898audit report to the appropriate substantive and fiscal
899committees of the Senate and House of Representatives.
900     (4)  Other copies may be furnished to other persons who, in
901the opinion of the Auditor General, are directly interested in
902the audit or who have a duty to perform in connection therewith.
903     (5)  The Auditor General shall transmit to the President of
904the Senate and the Speaker of the House of Representatives, by
905December 1 of each year, a list of statutory and fiscal changes
906recommended by audit reports. The recommendations shall be
907presented in two categories: one addressing substantive law and
908policy issues and the other addressing budget issues. The
909Auditor General may also transmit recommendations at other times
910of the year when the information would be timely and useful for
911the Legislature.
912     (6)  A copy required to be provided under this rule may be
913provided in an electronic or other digital format if the Auditor
914General determines that the intended recipient has appropriate
915resources to review the copy. Copies to members, committees, and
916offices of the Legislature shall be provided in electronic
917format as may be provided in joint policies adopted under Joint
918Rule 3.2.
919
920
Joint Rule Six-Joint Legislative Budget Commission
921
9226.1-General Responsibilities
923     (1)  The commission, as provided in chapter 216, Florida
924Statutes, shall receive and review notices of budget and
925personnel actions taken or proposed to be taken by the executive
926and judicial branches and shall approve or disapprove such
927actions.
928     (2)  Through its chair, the commission shall advise the
929Governor and the Chief Justice of actions or proposed actions
930that exceed delegated authority or that are contrary to
931legislative policy and intent.
932     (3)  To the extent possible, the commission shall inform
933members of the Legislature of budget amendments requested by the
934executive or judicial branches.
935     (4)  The commission shall consult with the Chief Financial
936Officer and the Executive Office of the Governor on matters as
937required by chapter 216, Florida Statutes.
938     (5)  The President of the Senate and the Speaker of the
939House of Representatives may jointly assign other
940responsibilities to the commission in addition to those assigned
941by law.
942     (6)  The commission shall develop policies and procedures
943necessary to carry out its assigned responsibilities, subject to
944the joint approval of the President of the Senate and the
945Speaker of the House of Representatives.
946     (7)  The commission, with the approval of the President of
947the Senate and the Speaker of the House of Representatives, may
948appoint subcommittees as necessary to facilitate its work.
949
9506.2-Organizational Structure
951     (1)  The commission is not subject to Joint Rule Four. The
952commission shall be composed of seven members of the Senate
953appointed by the President of the Senate and seven members of
954the House of Representatives appointed by the Speaker of the
955House of Representatives.
956     (2)  The commission shall be jointly staffed by the
957appropriations committees of both houses. The Senate shall
958provide the lead staff when the chair of the commission is a
959member of the Senate. The House of Representatives shall provide
960the lead staff when the chair of the commission is a member of
961the House of Representatives.
962
9636.3-Notice of Commission Meetings
964Not less than 7 days prior to a meeting of the commission, a
965notice of the meeting, stating the items to be considered, date,
966time, and place, shall be filed with the Secretary of the Senate
967when the chair of the commission is a member of the Senate or
968with the Clerk of the House when the chair of the commission is
969a member of the House of Representatives. The Secretary of the
970Senate or the Clerk of the House shall distribute notice to the
971Legislature and the public, consistent with the rules and
972policies of their respective houses.
973
9746.4-Effect of Adoption; Intent
975This Joint Rule Six replaces all prior joint rules governing the
976Joint Legislative Budget Commission and is intended to implement
977constitutional provisions relating to the Joint Legislative
978Budget Commission existing as of the date of the rule's
979adoption.


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