Florida Senate - 2018                                 SCR 2-Org.
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       27-00001-18O                                            20182O__
    1                    Senate Concurrent Resolution                   
    2         A concurrent resolution establishing the Joint Rules
    3         of the Florida Legislature for the 2018-2020 term.
    4          
    5  Be It Resolved by the Senate of the State of Florida, the House
    6  of Representatives Concurring:
    7  
    8         That the following joint rules shall govern the Florida
    9  Legislature for the 2018-2020 term:
   10  
   11                             JOINT RULES                           
   12  
   13   Joint Rule One—Lobbyist Registration and Compensation Reporting 
   14  
   15  1.1—Those Required to Register; Exemptions; Committee Appearance
   16  Records
   17         (1) All lobbyists before the Florida Legislature must
   18  register with the Lobbyist Registration Office in the Office of
   19  Legislative Services. Registration is required for each
   20  principal represented.
   21         (2) As used in Joint Rule One, unless the context otherwise
   22  requires, the term:
   23         (a) “Compensation” means payment, distribution, loan,
   24  advance, reimbursement, deposit, salary, fee, retainer, or
   25  anything of value provided or owed to a lobbying firm, directly
   26  or indirectly, by a principal for any lobbying activity.
   27         (b) “Legislative action” means introduction, sponsorship,
   28  testimony, debate, voting, or any other official action on any
   29  measure, resolution, amendment, nomination, appointment, or
   30  report of, or any matter that may be the subject of action by,
   31  either house of the Legislature or any committee thereof.
   32         (c) “Lobby” or “lobbying” means influencing or attempting
   33  to influence legislative action or nonaction through oral or
   34  written communication or through an attempt to obtain the
   35  goodwill of a member or employee of the Legislature.
   36         (d) “Lobbying firm” means any business entity, including an
   37  individual contract lobbyist, that receives or becomes entitled
   38  to receive any compensation for the purpose of lobbying and
   39  where any partner, owner, officer, or employee of the business
   40  entity is a lobbyist. “Lobbying firm” does not include an entity
   41  that has employees who are lobbyists if the entity does not
   42  derive compensation from principals for lobbying or if such
   43  compensation is received exclusively from a subsidiary or
   44  affiliate corporation of the employer. As used in this
   45  paragraph, an affiliate corporation is a corporation that
   46  directly or indirectly shares the same ultimate parent
   47  corporation as the employer and does not receive compensation
   48  for lobbying from any unaffiliated entity.
   49         (e) “Lobbyist” means a person who is employed and receives
   50  payment, or who contracts for economic consideration, for the
   51  purpose of lobbying or a person who is principally employed for
   52  governmental affairs by another person or governmental entity to
   53  lobby on behalf of that other person or governmental entity. An
   54  employee of the principal is not a lobbyist unless the employee
   55  is principally employed for governmental affairs. The term
   56  “principally employed for governmental affairs” means that one
   57  of the principal or most significant responsibilities of the
   58  employee to the employer is overseeing the employer’s various
   59  relationships with government or representing the employer in
   60  its contacts with government. Any person employed by the
   61  Governor, the Executive Office of the Governor, or any executive
   62  or judicial department of the state or any community college of
   63  the state who seeks to encourage the passage, defeat, or
   64  modification of any legislation by personal appearance or
   65  attendance before the House of Representatives or the Senate, or
   66  any member or committee thereof, is a lobbyist.
   67         (f) “Lobbyist Registration and Compensation Reporting
   68  System (LRCRS)” means the online application that serves as the
   69  system of record for the Lobbyist Registration Office in the
   70  Office of Legislative Services and consists of the electronic
   71  registration system and the electronic filing system.
   72         (g) “LRO” means the Lobbyist Registration Office in the
   73  Office of Legislative Services.
   74         (h) “Office” means the Office of Legislative Services.
   75         (i) “Payment” or “salary” means wages or any other
   76  consideration provided in exchange for services but does not
   77  include reimbursement for expenses.
   78         (j) “Principal” means the person, firm, corporation, or
   79  other entity that has employed or retained a lobbyist. When an
   80  association has employed or retained a lobbyist, the association
   81  is the principal; the individual members of the association are
   82  not principals merely because of their membership in the
   83  association.
   84         (k) “Unusual circumstances,” with respect to any failure of
   85  a person to satisfy a filing requirement, means uncommon, rare,
   86  or sudden events over which the person has no control and which
   87  directly result in the failure to satisfy the filing
   88  requirement.
   89         (3) For purposes of Joint Rule One, the terms “lobby” and
   90  “lobbying” do not include any of the following:
   91         (a) A response to an inquiry for information made by any
   92  member, committee, or staff of the Legislature.
   93         (b) An appearance in response to a legislative subpoena.
   94         (c) Advice or services that arise out of a contractual
   95  obligation with the Legislature, a member, a committee, any
   96  staff, or any legislative entity to render the advice or
   97  services where such obligation is fulfilled through the use of
   98  public funds.
   99         (d) Representation of a client before the House of
  100  Representatives or the Senate, or any member or committee
  101  thereof, when the client is subject to disciplinary action by
  102  the House of Representatives or the Senate, or any member or
  103  committee thereof.
  104         (4) For purposes of registration and reporting, the term
  105  “lobbyist” does not include any of the following:
  106         (a) A member of the Legislature.
  107         (b) A person who is employed by the Legislature.
  108         (c) A judge who is acting in that judge’s official
  109  capacity.
  110         (d) A person who is a state officer holding elective office
  111  or an officer of a political subdivision of the state holding
  112  elective office and who is acting in that officer’s official
  113  capacity.
  114         (e) A person who appears as a witness or for the purpose of
  115  providing information at the written request of the chair of a
  116  committee, subcommittee, or legislative delegation.
  117         (f) A person employed by any executive or judicial
  118  department of the state or any community college of the state
  119  who makes a personal appearance or attendance before the House
  120  of Representatives or the Senate, or any member or committee
  121  thereof, while that person is on approved leave or outside
  122  normal working hours and who does not otherwise meet the
  123  definition of a lobbyist.
  124         (5) When a person, regardless of whether the person is
  125  registered as a lobbyist, appears before a committee of the
  126  Legislature, that person must submit a Committee Appearance
  127  Record as required by the respective house.
  128         (6) The responsibilities of the Office and of the LRO under
  129  Joint Rule One may be assigned to another entity by agreement of
  130  the President of the Senate and the Speaker of the House of
  131  Representatives for a contract period not to extend beyond
  132  December 1 following the Organization Session of the next
  133  biennium, provided that the powers and duties of the President,
  134  the Speaker, the General Counsel of the Office of Legislative
  135  Services, and any legislative committee referenced in Joint Rule
  136  One may not be delegated.
  137  
  138  1.2—Method of Registration
  139         (1) Each person required to register with the LRO must
  140  register through the LRCRS and attest to that person’s full
  141  legal name, business address, e-mail address, and telephone
  142  number; the name, business address, e-mail address, and
  143  telephone number of each principal that person represents; and
  144  the extent of any direct business association or partnership
  145  that person has with any member of the Legislature. If the
  146  lobbyist is, or belongs to, a lobbying firm, the lobbyist must
  147  state the name, address, and telephone number of the lobbying
  148  firm and the e-mail address of the person responsible for the
  149  submission of compensation reports. All lobbyists associated
  150  with the same firm must register using the identical name,
  151  address, and e-mail address of the firm in the LRCRS.
  152  Registration is not complete until the LRCRS receives
  153  authorization from the principal’s representative and the
  154  registration fee. Lobbyists may not authorize themselves on
  155  behalf of the principal representative. Any changes to the
  156  information existing in the LRCRS must be updated online in the
  157  LRCRS within 15 days from the effective date of the change.
  158         (2) Any person required to register must do so with respect
  159  to each principal prior to commencement of lobbying on behalf of
  160  that principal. The LRCRS will request authorization from the
  161  principal with the principal’s name, business address, e-mail
  162  address, and telephone number to confirm that the registrant is
  163  authorized to represent the principal. The principal or
  164  principal’s representative shall also identify and designate the
  165  principal’s main business pursuant to a classification system
  166  approved by the Office, which shall be the North American
  167  Industry Classification System (NAICS) six-digit numerical code
  168  that most accurately describes the principal’s main business.
  169         (3) Any person required to register must renew the
  170  registration annually for each calendar year through the LRCRS.
  171         (4) A lobbyist shall promptly cancel the registration for a
  172  principal upon termination of the lobbyist’s representation of
  173  that principal. A cancellation takes effect the day it is
  174  received by the LRCRS. Notwithstanding this requirement, the LRO
  175  may remove the name of a lobbyist from the list of registered
  176  lobbyists if the principal notifies the LRO in writing that the
  177  lobbyist is no longer authorized to represent that principal.
  178         (5) Should a registered lobbyist identify a scrivener’s
  179  error in their own registration in the LRCRS after submission,
  180  they may make a written request to the LRO to correct such
  181  error. The request must clearly identify and describe the error.
  182  Each request will be reviewed by the Office before any changes
  183  will be made.
  184         (6) The LRO shall retain registration information submitted
  185  under this rule.
  186         (7) A person required to register under Joint Rule One
  187  shall be considered a lobbyist of the Legislature for the
  188  purposes of ss. 11.045, 112.3148, and 112.3149, Florida
  189  Statutes.
  190  
  191  1.3—Registration Costs; Exemptions
  192         (1) To cover the costs incurred for the administration of
  193  Joint Rule One, each person who registers under Joint Rule 1.1
  194  must pay an annual registration fee to the LRO. The annual
  195  period runs from January 1 to December 31. These fees must be
  196  paid at the time of registration.
  197         (2) The following persons are exempt from paying the fee,
  198  provided they are designated in writing by the agency head or
  199  person designated in this subsection:
  200         (a) Two employees of each department of the executive
  201  branch created under chapter 20, Florida Statutes.
  202         (b) Two employees of the Fish and Wildlife Conservation
  203  Commission.
  204         (c) Two employees of the Executive Office of the Governor.
  205         (d) Two employees of the Commission on Ethics.
  206         (e) Two employees of the Florida Public Service Commission.
  207         (f) Two employees of the judicial branch designated in
  208  writing by the Chief Justice of the Florida Supreme Court.
  209         (3) The annual fee is up to $50 per legislative entity for
  210  a person to register to represent one principal and up to an
  211  additional $10 per legislative entity for each additional
  212  principal that the person registers to represent. The amount of
  213  each fee shall be established annually by the President of the
  214  Senate and the Speaker of the House of Representatives. The fees
  215  set must be adequate to ensure operation of the lobbyists’
  216  registration, compensation, and reporting functions. The fees
  217  collected by the LRO under this rule shall be deposited into the
  218  State Treasury and credited to the Legislative Lobbyist
  219  Registration Trust Fund specifically to cover the costs incurred
  220  in administering Joint Rule One.
  221  
  222  1.4—Reporting of Lobbying Firm Compensation
  223         (1)(a) Each lobbying firm shall file a compensation report
  224  with the LRO through the LRCRS for each calendar quarter during
  225  any portion of which one or more of the firm’s lobbyists were
  226  registered to represent a principal. The report must include
  227  the:
  228         1. Full name, business address, and telephone number of the
  229  lobbying firm;
  230         2. Registration name of each of the firm’s lobbyists; and
  231         3. Total compensation provided or owed to the lobbying firm
  232  from all principals for the reporting period, reported in one of
  233  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  234  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  235  $999,999; or $1 million or more.
  236         (b) For each principal represented by one or more of the
  237  firm’s lobbyists, the lobbying firm’s compensation report must
  238  also include the:
  239         1. Full name, business address, and telephone number of the
  240  principal; and
  241         2. Total compensation provided or owed to the lobbying firm
  242  for the reporting period, reported in one of the following
  243  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  244  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  245  more. If the category “$50,000 or more” is selected, the
  246  specific dollar amount of compensation must be reported, rounded
  247  up or down to the nearest $1,000.
  248         (c) Compensation shall be reported using the accrual basis
  249  of accounting.
  250         (d) Compensation reports should reflect compensation
  251  received for lobbying the legislative branch only.
  252         (e) If the lobbying firm subcontracts work from another
  253  lobbying firm and not from the original principal:
  254         1. The lobbying firm providing the work to be subcontracted
  255  shall be treated as the reporting lobbying firm’s principal for
  256  reporting purposes under this paragraph; and
  257         2. The reporting lobbying firm shall, for each lobbying
  258  firm identified as the reporting lobbying firm’s principal under
  259  paragraph (b), identify the name, business address, and
  260  telephone number of the principal originating the lobbying work.
  261         (f) The senior partner, officer, or owner of the lobbying
  262  firm shall certify to the veracity and completeness of the
  263  information submitted pursuant to this rule; certify that no
  264  compensation has been omitted from this report by deeming such
  265  compensation as “consulting services,” “media services,”
  266  “professional services,” or anything other than compensation;
  267  and certify that no officer or employee of the firm has made an
  268  expenditure in violation of s. 11.045, Florida Statutes.
  269         (2) For each principal represented by more than one
  270  lobbying firm, the Office shall aggregate the reporting-period
  271  and calendar-year compensation reported as provided or owed by
  272  the principal. Compensation reported within a category shall be
  273  aggregated as follows:
  274  
  275       Category (dollars)         Dollar amount to use aggregating    
  276  0                           0                                       
  277  1-9,999                     5,000                                   
  278  10,000-19,999               15,000                                  
  279  20,000-29,999               25,000                                  
  280  30,000–39,999               35,000                                  
  281  40,000-49,999               45,000                                  
  282  50,000 or more              Actual amount reported                  
  283         (3) The compensation reports shall be filed no later than
  284  45 days after the end of each reporting period. The four
  285  reporting periods are from January 1 through March 31, April 1
  286  through June 30, July 1 through September 30, and October 1
  287  through December 31, respectively. The reports shall be rendered
  288  in the identical form provided by the respective houses and
  289  shall be open to public inspection.
  290         (4) A report filed pursuant to this rule must be completed
  291  and filed through the LRCRS not later than 11:59 p.m. of the day
  292  designated in subsection (3). A report not filed by 11:59 p.m.
  293  of the day designated is a late-filed report and is subject to
  294  the penalties under Joint Rule 1.5(1).
  295         (5) Each person given secure sign-on credentials in the
  296  LRCRS is responsible for protecting the credentials from
  297  disclosure and is responsible for all filings made by use of
  298  such credentials, unless and until the Office is notified that
  299  the person’s credentials have been compromised. Each report
  300  filed by electronic means pursuant to this rule shall be deemed
  301  certified in accordance with paragraph (1)(f) by the person
  302  given the secure sign-on credentials and, as such, subjects the
  303  person and the lobbying firm to the provisions of s. 11.045(8),
  304  Florida Statutes, as well as any discipline provided under the
  305  rules of the Senate or House of Representatives.
  306         (6) If the President of the Senate and the Speaker of the
  307  House of Representatives jointly declare that the electronic
  308  system is not operable, the reports shall be filed in accordance
  309  with instructions on the LRCRS website which will be posted for
  310  a reasonable period of time.
  311  
  312  1.5—Failure to File Timely Compensation Report; Notice and
  313  Assessment of Fines; Appeals
  314         (1) Upon determining that the report is late, the LRCRS
  315  shall immediately notify the lobbying firm by e-mail as to the
  316  failure to timely file the report and that a fine is being
  317  assessed for each late day. The fine shall be $50 per day per
  318  report for each late day, not to exceed $5,000 per report.
  319         (2) Upon submittal of the late-filed report by the lobbying
  320  firm, the LRCRS shall determine the amount of the fine based on
  321  the submittal date shown in the electronic receipt issued by the
  322  LRCRS.
  323         (3) Such fine shall be paid within 30 days after the notice
  324  of payment due is transmitted by the LRCRS, unless an appeal is
  325  made to the LRO. The moneys shall be deposited into the
  326  Legislative Lobbyist Registration Trust Fund.
  327         (4) A fine may not be assessed against a lobbying firm the
  328  first time the report for which the lobbying firm is responsible
  329  is not timely filed. However, to receive the one-time fine
  330  waiver, the report for which the lobbying firm is responsible
  331  must be filed within 30 days after the notice of failure to file
  332  is transmitted by the LRCRS. A fine shall be assessed for all
  333  subsequent late-filed reports.
  334         (5) Any lobbying firm may appeal or dispute a fine, based
  335  upon unusual circumstances surrounding the failure to file on
  336  the designated due date, and may request and shall be entitled
  337  to a hearing before the General Counsel of the Office of
  338  Legislative Services, who shall recommend to the President of
  339  the Senate and the Speaker of the House of Representatives, or
  340  their respective designees, that the fine be waived in whole or
  341  in part for good cause shown. The President of the Senate and
  342  the Speaker of the House of Representatives, or their respective
  343  designees, may, by joint agreement, concur in the recommendation
  344  and waive the fine in whole or in part. Any such request shall
  345  be made within 30 days after the notice of payment due is
  346  transmitted by the LRCRS. In such case, the lobbying firm shall,
  347  within the 30-day period, notify the LRO in writing of the
  348  firm’s intention to request a hearing.
  349         (6) A lobbying firm may request that the filing of a report
  350  be waived upon good cause shown, based on unusual circumstances.
  351  The request must be filed with the General Counsel of the Office
  352  of Legislative Services, who shall make a recommendation
  353  concerning the waiver request to the President of the Senate and
  354  the Speaker of the House of Representatives. The President of
  355  the Senate and the Speaker of the House of Representatives may,
  356  by joint agreement, grant or deny the request.
  357         (7)(a) All lobbyist registrations for lobbyists who are
  358  partners, owners, officers, or employees of a lobbying firm that
  359  fails to timely pay a fine are automatically suspended until the
  360  fine is paid or waived and all late reports have been filed or
  361  waived. The LRO shall promptly notify all affected principals,
  362  the President of the Senate, and the Speaker of the House of
  363  Representatives of any suspension or reinstatement. All
  364  lobbyists who are partners, owners, officers, or employees of a
  365  lobbying firm are jointly and severally liable for any
  366  outstanding fine owed by a lobbying firm.
  367         (b) Such lobbyist may not be reinstated in any capacity
  368  representing any principal until the fine is paid and all late
  369  reports have been filed or waived or until the fine is waived as
  370  to that lobbyist and all late reports for that lobbyist have
  371  been filed or waived. A suspended lobbyist may request a waiver
  372  upon good cause shown, based on unusual circumstances. The
  373  request must be filed with the General Counsel of the Office of
  374  Legislative Services who shall, as soon as practicable, make a
  375  recommendation concerning the waiver request to the President of
  376  the Senate and the Speaker of the House of Representatives. The
  377  President of the Senate and the Speaker of the House of
  378  Representatives may, by joint agreement, grant or deny the
  379  request.
  380         (8) The LRO shall notify the coordinator of the Office of
  381  the failure of a lobbying firm to file a report after notice or
  382  of the failure of a lobbying firm to pay the fine imposed.
  383  
  384  1.6—Open Records; Internet Publication of Registrations and
  385  Compensation Reports
  386         (1) All of the lobbyist registration forms and compensation
  387  reports received by the LRO shall be available for public
  388  inspection and for duplication at reasonable cost.
  389         (2) The LRO shall make information filed pursuant to Joint
  390  Rules 1.2 and 1.4 reasonably available on the Internet in an
  391  easily understandable and accessible format through the LRCRS.
  392  The LRCRS must include, but not be limited to including, the
  393  names and business addresses of lobbyists, lobbying firms, and
  394  principals; the affiliations between lobbyists and principals;
  395  and the classification system designated and identified with
  396  respect to principals pursuant to Joint Rule 1.2.
  397  
  398  1.7—Records Retention and Inspection and Complaint Procedure
  399         (1) Each lobbying firm and each principal shall preserve
  400  for a period of 4 years all accounts, bills, receipts, computer
  401  records, books, papers, and other documents and records
  402  necessary to substantiate compensation reports and registration
  403  documentation.
  404         (2) Upon receipt of a complaint based on the personal
  405  knowledge of the complainant made pursuant to the Senate Rules
  406  or the Rules of the House of Representatives, any such documents
  407  and records may be inspected when authorized by the President of
  408  the Senate or the Speaker of the House of Representatives, as
  409  applicable. The person authorized to perform the inspection
  410  shall be designated in writing and shall be a member of The
  411  Florida Bar or a certified public accountant licensed in
  412  Florida. Any information obtained by such an inspection may only
  413  be used for purposes authorized by law, Joint Rule One, the
  414  Senate Rules, or the Rules of the House of Representatives,
  415  which purposes may include the imposition of sanctions against a
  416  person subject to Joint Rule One, the Senate Rules, or the Rules
  417  of the House of Representatives. Any employee who uses that
  418  information for an unauthorized purpose is subject to
  419  discipline. Any member who uses that information for an
  420  unauthorized purpose is subject to discipline under the
  421  applicable rules of each house.
  422         (3) The right of inspection may be enforced by appropriate
  423  writ issued by any court of competent jurisdiction.
  424  
  425  1.8—Questions Regarding Interpretation of Joint Rule One
  426         (1) A person may request in writing an informal opinion
  427  from the General Counsel of the Office of Legislative Services
  428  as to the application of Joint Rule One to a specific situation
  429  involving that person’s conduct. The General Counsel shall issue
  430  the opinion within 10 days after receiving the request. The
  431  informal opinion may be relied upon by the person who requested
  432  the informal opinion. A copy of each informal opinion that is
  433  issued shall be provided to the presiding officer of each house.
  434  A committee of either house designated pursuant to section
  435  11.045(5), Florida Statutes, may revise any informal opinion
  436  rendered by the General Counsel through an advisory opinion to
  437  the person who requested the informal opinion. The advisory
  438  opinion shall supersede the informal opinion as of the date the
  439  advisory opinion is issued.
  440         (2) A person in doubt about the applicability or
  441  interpretation of Joint Rule One with respect to that person’s
  442  conduct may submit in writing the facts for an advisory opinion
  443  to the committee of either house designated pursuant to s.
  444  11.045(5), Florida Statutes, and may appear in person before the
  445  committee in accordance with s. 11.045(5), Florida Statutes.
  446  
  447  1.9—Effect of Readoption and Revision
  448  All obligations existing under Joint Rule One as of the last day
  449  of the previous legislative biennium are hereby ratified,
  450  preserved, and reimposed pursuant to the terms thereof as of
  451  that date. The provisions of Joint Rule One are imposed
  452  retroactively to the first day of the present legislative
  453  biennium except that provisions new to this revision are
  454  effective on the date of adoption or as otherwise expressly
  455  provided herein.
  456  
  457   Joint Rule Two—General Appropriations Review Period and Budget  
  458                     Conference Committee Rules                    
  459  
  460  2.1—General Appropriations and Related Bills; Review Periods
  461         (1) A general appropriations bill shall be subject to a 72
  462  hour public review period before a vote is taken on final
  463  passage of the bill in the form that will be presented to the
  464  Governor.
  465         (2) If a bill is returned to the house in which the bill
  466  originated and the originating house does not concur in all the
  467  amendments or adds additional amendments, no further action
  468  shall be taken on the bill by the nonoriginating house, and a
  469  conference committee shall be established by operation of this
  470  rule to consider the bill.
  471         (3) If a bill is referred to a conference committee by
  472  operation of this rule, a 72-hour public review period shall be
  473  provided prior to a vote being taken on the conference committee
  474  report by either house.
  475         (4) A copy of the bill, a copy of the bill with amendments
  476  adopted by the nonoriginating house, or the conference committee
  477  report shall be furnished to each member of the Legislature, the
  478  Governor, the Chief Justice of the Supreme Court, and each
  479  member of the Cabinet. Copies for the Governor, Chief Justice,
  480  and members of the Cabinet shall be furnished to the official’s
  481  office in the Capitol or Supreme Court Building.
  482         (5)(a) Copies required to be furnished under subsection (4)
  483  shall be furnished to members of the Legislature as follows:
  484         1. A printed copy may be placed on each member’s desk in
  485  the appropriate chamber; or
  486         2. An electronic copy may be furnished to each member. The
  487  Legislature hereby deems and determines that a copy shall have
  488  been furnished to the members of the Legislature when an
  489  electronic copy is made available to every member of the
  490  Legislature. An electronic copy is deemed to have been made
  491  available when it is accessible via the Internet or other
  492  information network consisting of systems ordinarily serving the
  493  members of the Senate or the House of Representatives.
  494         (b) An official other than a member of the Legislature who
  495  is to be furnished a copy of a general appropriations bill under
  496  subsection (4) may officially request that an electronic copy of
  497  the bill be furnished in lieu of a printed copy, and, if
  498  practicable, the copy may be furnished to the official in the
  499  manner requested.
  500         (6) The Secretary of the Senate shall be responsible for
  501  furnishing copies under this rule for Senate bills, House bills
  502  as amended by the Senate, and conference committee reports on
  503  Senate bills. The Clerk of the House shall be responsible for
  504  furnishing copies under this rule for House bills, Senate bills
  505  as amended by the House, and conference committee reports on
  506  House bills.
  507         (7) The 72-hour public review period shall begin to run
  508  upon completion of the furnishing of copies required to be
  509  furnished under subsection (4). The Speaker of the House of
  510  Representatives and the President of the Senate, as appropriate,
  511  shall be informed of the completion time, and such time shall be
  512  announced on the floor prior to vote on final passage in each
  513  house and shall be entered in the journal of each house.
  514  Saturdays, Sundays, and holidays shall be included in the
  515  computation under this rule.
  516         (8) An implementing or conforming bill recommended by a
  517  conference committee shall be subject to a 24-hour public review
  518  period before a vote is taken on the conference committee report
  519  by either house, if the conference committee submits its report
  520  after the furnishing of a general appropriations bill to which
  521  the 72-hour public review period applies.
  522         (9) With respect to each bill that may be affected, a
  523  member of the Senate or the House of Representatives may not
  524  raise a point of order under this rule after a vote is taken on
  525  the bill. Except as may be required by the Florida Constitution,
  526  noncompliance with any requirement of this rule may be waived by
  527  a two-thirds vote of those members present and voting in each
  528  house.
  529  
  530  2.2—General Appropriations and Related Bills; Definitions
  531  As used in Joint Rule Two, the term:
  532         (1) “Conforming bill” means a bill that amends the Florida
  533  Statutes to conform to a general appropriations bill.
  534         (2) “General appropriations bill” means a bill that
  535  provides for the salaries of public officers and other current
  536  expenses of the state and contains no subject other than
  537  appropriations. A bill that contains appropriations that are
  538  incidental and necessary solely to implement a substantive law
  539  is not included within this term. For the purposes of Joint Rule
  540  Two and Section 19(d) of Article III of the Florida
  541  Constitution, the Legislature hereby determines that, after a
  542  general appropriations bill has been enacted and establishes
  543  governing law for a particular fiscal year, a bill considered in
  544  any subsequent session that makes net reductions in such enacted
  545  appropriations or that makes supplemental appropriations shall
  546  not be deemed to be a general appropriations bill unless such
  547  bill provides for the salaries of public officers and other
  548  current expenses of the state for a subsequent fiscal year.
  549         (3) “Implementing bill” means a bill, effective for one
  550  fiscal year, implementing a general appropriations bill.
  551         (4)(a) “Appropriations project” means a specific
  552  appropriation, proviso, or item on a conference committee
  553  spreadsheet agreed to by House and Senate conferees providing
  554  funding for:
  555         1. A local government, private entity, or privately
  556  operated program, wherein the specific appropriation, proviso,
  557  or item on a conference committee spreadsheet specifically names
  558  the local government, private entity, or privately-operated
  559  program or the appropriation, proviso, or item is written in
  560  such a manner as to describe a particular local government,
  561  private entity, or privately-operated program;
  562         2. A specific transportation facility that was not part of
  563  the Department of Transportation’s 5-year work program submitted
  564  pursuant to s. 339.135, Florida Statutes;
  565         3. An education fixed capital outlay project that was not
  566  submitted pursuant to s. 1013.60 or s. 1013.64, Florida
  567  Statutes, unless funds for the specific project were
  568  appropriated by the Legislature in a prior year and additional
  569  funds are needed to complete the project as originally proposed;
  570         4. A specified program, research initiative, institute,
  571  center, or similar entity at a specific state college or
  572  university, unless recommended by the Board of Governors or the
  573  State Board of Education in their Legislative Budget Request; or
  574         5. A local water project.
  575         (b) The term does not include an appropriation that:
  576         1. Is specifically authorized by statute;
  577         2. Is part of a statewide distribution to local
  578  governments; or
  579         3. Was recommended by a commission, council, or other
  580  similar entity created in statute to make annual funding
  581  recommendations, provided that such appropriation does not
  582  exceed the amount of funding recommended by the commission,
  583  council, or other similar entity.
  584  
  585  2.3—Budget Conference Committee Rules
  586         (1) For an appropriations project to be included in a
  587  conference committee report:
  588         (a) The appropriations project must be included in a bill
  589  or an amendment placed into a budget conference; and
  590         (b) Information required by subsections (2) and (3)
  591  relating to the appropriations project must have been in writing
  592  and published online prior to the passage by that chamber of the
  593  bill or amendment which was placed into a budget conference.
  594         (2) The information collected must include:
  595         (a) A descriptive title of the appropriations project.
  596         (b) The date of the submission.
  597         (c) The name of the submitting member.
  598         (d) The most recent year in which the appropriations
  599  project received state funding, if applicable.
  600         (e) Whether the most recent funding for the project had
  601  been vetoed.
  602         (f) The amount of the nonrecurring request.
  603         (g) The amount of funding received in the prior year on a
  604  recurring or nonrecurring basis.
  605         (h) In what agency the project is best placed and whether
  606  the agency has been contacted.
  607         (i) The name of the organization or entity receiving the
  608  funds as well as a point of contact for the organization or
  609  entity.
  610         (j) The name of the registered lobbyist of the entity
  611  requesting the appropriations project.
  612         (k) Whether the organization to receive the funds is a for
  613  profit entity, a not-for-profit entity, a local entity, a state
  614  university or college, or other type of organization.
  615         (l) The specific purpose or goal that will be achieved by
  616  the funds requested.
  617         (m) The activities and services that will be provided to
  618  meet the intended purpose of these funds.
  619         (n) Specific descriptions of how the funds will be
  620  expended, including a description and the amounts to be expended
  621  on: administrative costs, itemized to include the salary of the
  622  executive director or project head, other salaries and benefits,
  623  expenses, and consultants, contractors, or studies; operational
  624  costs, itemized to include salaries and benefits, expenses, and
  625  consultants, contractors, or studies; and fixed capital outlay,
  626  itemized to include land purchase, planning, engineering,
  627  construction, and renovation.
  628         (o) The owner of the facility to receive, directly or
  629  indirectly, any fixed capital outlay funding, and the
  630  relationship between the owners of the facility and the entity.
  631         (p) A description of the direct services to be provided to
  632  citizens by the appropriations project, if applicable.
  633         (q) A description of the target population to be served and
  634  the number of individuals to be served by the appropriations
  635  project.
  636         (r) A description of the specific benefit or outcome,
  637  including the methodology by which this outcome will be
  638  measured.
  639         (s) The amount and percentage of federal, local, and state
  640  funds, excluding the funds requested for the appropriations
  641  project, or other matching funds available for the
  642  appropriations project.
  643         (t) How much additional nonrecurring funding is anticipated
  644  to be requested in future years by amount per year.
  645         (u) The suggested penalties that the contracting agency may
  646  consider in addition to its standard penalties for failing to
  647  meet deliverables or performance measures provided for in the
  648  contract.
  649         (3) With respect to an appropriations project that is also
  650  a local water project, the information collected must also
  651  include:
  652         (a) Whether alternative state funding such as the Waste
  653  Water Revolving Loan, Drinking Water Revolving Loan, Small
  654  Community Waste Water Drinking grant, or other funding has been
  655  requested.
  656         (b) Whether the project is for a financially disadvantaged
  657  community, as defined in chapter 62-552, Florida Administrative
  658  Code; a financially disadvantaged municipality; a rural area of
  659  critical economic concern; or a rural area of opportunity, as
  660  defined in s. 288.0656, Florida Statutes.
  661         (c) Whether the construction status is shovel-ready.
  662         (d) The percentage of construction completed and the
  663  estimated completion date.
  664         (4) Each chamber must collect the required information
  665  described in subsections (2) and (3) in the form and manner
  666  prescribed by that chamber.
  667         (5) The portion of an appropriations project which was
  668  funded with recurring funds in the most recently enacted general
  669  appropriations act is exempt from subsections (1), (2) and (3).
  670         (6) An appropriations project may only be funded with
  671  nonrecurring funds, except that the portion of an appropriations
  672  project which was funded with recurring funds as provided in
  673  subsection (5) may be continued with or without additional
  674  nonrecurring funds.
  675         (7) The nonrecurring funding of an appropriations project
  676  in the conference committee report may be less than, equal to,
  677  or greater than the funding for the appropriations project as
  678  originally committed to the conference committee.
  679         (8) An appropriations project that was not included in
  680  either chamber’s bill in accordance with subsections (1), (2)
  681  and (3) may not be included in a conference report.
  682         (9)(a) To be included in a conference committee report, all
  683  appropriations projects, except as otherwise provided in
  684  paragraph (b), must be clearly identified in the bill or
  685  amendment that will be considered by a conference committee and
  686  in any conference report.
  687         (b) An appropriations project funded with recurring funds
  688  in the most recently enacted general appropriation act that is
  689  not appropriated any additional funds is exempt from the
  690  provisions of paragraph (a).
  691         (10) The conference committee must allow for public
  692  testimony regarding appropriations projects at each noticed
  693  meeting.
  694         (11) Nothing in this rule shall limit either chamber’s
  695  ability to apply a stricter standard to its own bills prior to
  696  the commencement of conference proceedings. This Joint Rule
  697  applies to all conference committee reports related to the
  698  General Appropriations Act and supersedes either chamber’s rules
  699  that are contrary to or inconsistent with the provisions of this
  700  Joint Rule.
  701  
  702             Joint Rule Three—Joint Offices and Policies           
  703  
  704  3.1—Joint Legislative Offices
  705         (1) The following offices of the Legislature are
  706  established:
  707         (a) Office of Economic and Demographic Research.
  708         (b) Office of Legislative Information Technology Services.
  709         (c) Office of Legislative Services.
  710         (d) Office of Program Policy Analysis and Government
  711  Accountability.
  712         (2) Offices established under this rule shall provide
  713  support services to the Legislature that are determined by the
  714  President of the Senate and the Speaker of the House of
  715  Representatives to be necessary and that can be effectively
  716  provided jointly to both houses and other units of the
  717  Legislature. Each office shall be directed by a coordinator
  718  selected by and serving at the pleasure of the President of the
  719  Senate and the Speaker of the House of Representatives. Upon the
  720  initial adoption of these joint rules in a biennium, each
  721  coordinator position shall be deemed vacant until an appointment
  722  is made.
  723         (3) Within the monetary limitations of the approved
  724  operating budget, the salaries and expenses of the coordinator
  725  and the staff of each office shall be governed by joint
  726  policies.
  727         (4) The Office of Legislative Services shall provide
  728  legislative support services other than those prescribed in
  729  subsections (5)-(7).
  730         (5) The Office of Legislative Information Technology
  731  Services shall provide support services to assist the
  732  Legislature in achieving its objectives through the application
  733  of cost-effective information technology.
  734         (6) The Office of Economic and Demographic Research shall
  735  provide research support services, principally regarding
  736  forecasting economic and social trends that affect policymaking,
  737  revenues, and appropriations.
  738         (7) The Office of Program Policy Analysis and Government
  739  Accountability shall:
  740         (a) Perform independent examinations, program reviews, and
  741  other projects as provided by general law, as provided by
  742  concurrent resolution, as directed by the Legislative Auditing
  743  Committee, or as directed by the President of the Senate or the
  744  Speaker of the House and shall provide recommendations,
  745  training, or other services to assist the Legislature.
  746         (b) Transmit to the President of the Senate and the Speaker
  747  of the House of Representatives, by December 1 of each year, a
  748  list of statutory and fiscal changes recommended by office
  749  reports. The recommendations shall be presented in two
  750  categories: one addressing substantive law and policy issues and
  751  the other addressing budget issues.
  752  
  753  3.2—Joint Policies
  754         (1) The President of the Senate and the Speaker of the
  755  House of Representatives shall jointly adopt policies they
  756  consider advisable to carry out the functions of the
  757  Legislature. Such policies shall be binding on all employees of
  758  joint offices and joint committees.
  759         (2) The employees of all joint committees and joint
  760  legislative offices shall be under the exclusive control of the
  761  Legislature. No officer or agency in the executive or judicial
  762  branch shall exercise any manner of control over legislative
  763  employees with respect to the exercise of their duties or the
  764  terms and conditions of their employment.
  765  
  766                  Joint Rule Four—Joint Committees                 
  767  
  768  4.1—Standing Joint Committees
  769         (1) The following standing joint committees are
  770  established:
  771         (a) Administrative Procedures Committee.
  772         (b) Committee on Public Counsel Oversight.
  773         (c) Legislative Auditing Committee.
  774         (2) No other joint committee shall exist except as agreed
  775  to by the presiding officers or by concurrent resolution
  776  approved by the Senate and the House of Representatives.
  777         (3) Appointments to each standing joint committee shall be
  778  made or altered and vacancies shall be filled by the Senate and
  779  the House of Representatives in accordance with their respective
  780  rules. There shall be appointed to each standing joint committee
  781  no fewer than five and no more than seven members from each
  782  house.
  783         (4)(a) The President of the Senate shall appoint a member
  784  of the Senate to serve as the chair, and the Speaker of the
  785  House of Representatives shall appoint a member of the House of
  786  Representatives to serve as the vice chair, for:
  787         1. The Legislative Auditing Committee and the Committee on
  788  Public Counsel Oversight, for the period from the Organization
  789  Session until noon on August 1 of the calendar year following
  790  the general election.
  791         2. The Administrative Procedures Committee for the period
  792  from noon on August 1 of the calendar year following the general
  793  election until the next general election.
  794         (b) The Speaker of the House of Representatives shall
  795  appoint a member of the House of Representatives to serve as the
  796  chair, and the President of the Senate shall appoint a member of
  797  the Senate to serve as the vice chair, for:
  798         1. The Legislative Auditing Committee and the Committee on
  799  Public Counsel Oversight, for the period from noon on August 1
  800  of the calendar year following the general election until the
  801  next general election.
  802         2. The Administrative Procedures Committee for the period
  803  from the Organization Session until noon on August 1 of the
  804  calendar year following the general election.
  805         (c) A vacancy in an appointed chair or vice chair shall be
  806  filled in the same manner as the original appointment.
  807  
  808  4.2—Procedures in Joint Committees
  809  The following rules shall govern procedures in joint committees
  810  other than conference committees:
  811         (1) A quorum for a joint committee shall be a majority of
  812  the appointees of each house. No business of any type may be
  813  conducted in the absence of a quorum.
  814         (2)(a) Joint committees shall meet only within the dates,
  815  times, and locations authorized by both the President of the
  816  Senate and the Speaker of the House of Representatives.
  817         (b) Joint committee meetings shall meet at the call of the
  818  chair. In the absence of the chair, the vice chair shall assume
  819  the duty to convene and preside over meetings and such other
  820  duties as provided by law or joint rule. During a meeting
  821  properly convened, the presiding chair may temporarily assign
  822  the duty to preside at that meeting to another joint committee
  823  member until the assignment is relinquished or revoked.
  824         (c) Before any joint committee may hold a meeting, a notice
  825  of such meeting shall be provided to the Secretary of the Senate
  826  and the Clerk of the House of Representatives no later than 4:30
  827  p.m. of the 7th day before the meeting. For purposes of
  828  effecting notice to members of the house to which the chair does
  829  not belong, notice to the Secretary of the Senate shall be
  830  deemed notice to members of the Senate and notice to the Clerk
  831  of the House shall be deemed notice to members of the House of
  832  Representatives. Noticed meetings may be canceled by the chair
  833  with the approval of at least one presiding officer.
  834         (d) If a majority of its members from each house agree, a
  835  joint committee may continue a properly noticed meeting after
  836  the expiration of the time called for the meeting. However, a
  837  joint committee may not meet beyond the time authorized by the
  838  presiding officers without special leave granted by both
  839  presiding officers.
  840         (3) The presiding officers shall interpret, apply, and
  841  enforce rules governing joint committees by agreement when the
  842  rule at issue is a joint rule. Unless otherwise determined or
  843  overruled by an agreement of the presiding officers, the chair
  844  shall determine all questions of order arising in joint
  845  committee meetings, but such determinations may be appealed to
  846  the committee during the meeting.
  847         (4) Each question, including any appeal of a ruling of the
  848  chair, shall be decided by a majority vote of the members of the
  849  joint committee of each house present and voting.
  850  
  851  4.3—Powers of Joint Committees
  852         (1) A joint committee may exercise the subpoena powers
  853  vested by law in a standing committee of the Legislature. A
  854  subpoena issued under this rule must be approved and signed by
  855  the President of the Senate and the Speaker of the House of
  856  Representatives and attested by the Secretary of the Senate and
  857  the Clerk of the House.
  858         (2) A joint committee may adopt rules of procedure that do
  859  not conflict with the Florida Constitution or any law or joint
  860  rule, subject to the joint approval of the President of the
  861  Senate and the Speaker of the House of Representatives.
  862         (3) A joint committee may not create subcommittees or
  863  workgroups unless authorized by both presiding officers.
  864  
  865  4.4—Administration of Joint Committees
  866         (1) Within the monetary limitations of the approved
  867  operating budget, the expenses of the members and the salaries
  868  and expenses of the staff of each joint committee shall be
  869  governed by joint policies adopted under Joint Rule 3.2.
  870         (2) Subject to joint policies adopted under Joint Rule 3.2,
  871  the presiding officers shall appoint and remove the staff
  872  director and, if needed, a general counsel and any other staff
  873  necessary to assist each joint committee. All joint committee
  874  staff shall serve at the pleasure of the presiding officers.
  875  Upon the initial adoption of these joint rules in a biennium,
  876  each joint committee staff director position shall be deemed
  877  vacant until an appointment is made.
  878  
  879  4.5—Special Powers and Duties of the Legislative Auditing
  880  Committee
  881         (1) The Legislative Auditing Committee may direct the
  882  Auditor General or the Office of Program Policy Analysis and
  883  Government Accountability to conduct an audit, review, or
  884  examination of any entity or record described in s. 11.45(2) or
  885  (3), Florida Statutes.
  886         (2) The Legislative Auditing Committee may receive requests
  887  for audits and reviews from legislators and any audit request,
  888  petition for audit, or other matter for investigation directed
  889  or referred to it pursuant to general law. The committee may
  890  make any appropriate disposition of such requests or referrals
  891  and shall, within a reasonable time, report to the requesting
  892  party the disposition of any audit request.
  893         (3) The Legislative Auditing Committee may review the
  894  performance of the Auditor General and report thereon to the
  895  Senate and the House of Representatives.
  896  
  897  4.6—Special Powers and Duties of the Administrative Procedures
  898  Committee
  899  The Administrative Procedures Committee shall:
  900         (1) Maintain a continuous review of the statutory authority
  901  on which each administrative rule is based and, whenever such
  902  authority is eliminated or significantly changed by repeal,
  903  amendment, holding by a court of last resort, or other factor,
  904  advise the agency concerned of the fact.
  905         (2) Maintain a continuous review of administrative rules
  906  and identify and request an agency to repeal any rule or any
  907  provision of any rule that reiterates or paraphrases any statute
  908  or for which the statutory authority has been repealed.
  909         (3) Review administrative rules and advise the agencies
  910  concerned of its findings.
  911         (4) Exercise the duties prescribed by chapter 120, Florida
  912  Statutes, concerning the adoption and promulgation of rules.
  913         (5) Generally review agency action pursuant to the
  914  operation of chapter 120, Florida Statutes, the Administrative
  915  Procedure Act.
  916         (6) Report to the President of the Senate and the Speaker
  917  of the House of Representatives at least annually, no later than
  918  the first week of the regular session, and recommend needed
  919  legislation or other appropriate action. Such report shall
  920  include the number of objections voted by the committee, the
  921  number of suspensions recommended by the committee, the number
  922  of administrative determinations filed on the invalidity of a
  923  proposed or existing rule, the number of petitions for judicial
  924  review filed on the invalidity of a proposed or existing rule,
  925  and the outcomes of such actions. Such report shall also include
  926  any recommendations provided to the standing committees during
  927  the preceding year under subsection (11).
  928         (7) Consult regularly with legislative standing committees
  929  that have jurisdiction over the subject areas addressed in
  930  agency proposed rules regarding legislative authority for the
  931  proposed rules and other matters relating to legislative
  932  authority for agency action.
  933         (8) Subject to the approval of the President of the Senate
  934  and the Speaker of the House of Representatives, have standing
  935  to seek judicial review, on behalf of the Legislature or the
  936  citizens of this state, of the validity or invalidity of any
  937  administrative rule to which the committee has voted an
  938  objection and that has not been withdrawn, modified, repealed,
  939  or amended to meet the objection. Judicial review under this
  940  subsection may not be initiated until the Governor and the head
  941  of the agency making the rule to which the committee has
  942  objected have been notified of the committee’s proposed action
  943  and have been given a reasonable opportunity, not to exceed 60
  944  days, for consultation with the committee. The committee may
  945  expend public funds from its appropriation for the purpose of
  946  seeking judicial review.
  947         (9) Maintain a continuous review of the administrative
  948  rulemaking process, including a review of agency procedure and
  949  of complaints based on such agency procedure.
  950         (10) Establish measurement criteria to evaluate whether
  951  agencies are complying with the delegation of legislative
  952  authority in adopting and implementing rules.
  953         (11) Maintain a continuous review of statutes that
  954  authorize agencies to adopt rules and shall make recommendations
  955  to the appropriate standing committees of the Senate and the
  956  House of Representatives as to the advisability of considering
  957  changes to the delegated legislative authority to adopt rules in
  958  specific circumstances.
  959  
  960  4.7—Special Powers and Duties of the Committee on Public Counsel
  961  Oversight
  962         (1) The Committee on Public Counsel Oversight shall appoint
  963  a Public Counsel.
  964         (2) The Committee on Public Counsel Oversight may file a
  965  complaint with the Commission on Ethics alleging a violation of
  966  chapter 350, Florida Statutes, by a current or former public
  967  service commissioner, an employee of the Public Service
  968  Commission, or a member of the Public Service Commission
  969  Nominating Council.
  970         (3) Notwithstanding Joint Rule 4.4(2), the Committee on
  971  Public Counsel Oversight shall not have any permanent staff but
  972  shall be served as needed by other legislative staff selected by
  973  the President of the Senate and the Speaker of the House of
  974  Representatives.
  975  
  976                   Joint Rule Five—Auditor General                 
  977  
  978  5.1—Rulemaking Authority
  979  The Auditor General shall make and enforce reasonable rules and
  980  regulations necessary to facilitate audits that he or she is
  981  authorized to perform.
  982  
  983  5.2—Budget and Accounting
  984         (1) The Auditor General shall prepare and submit annually
  985  to the President of the Senate and the Speaker of the House of
  986  Representatives for their joint approval a proposed budget for
  987  the ensuing fiscal year.
  988         (2) Within the limitations of the approved operating
  989  budget, the salaries and expenses of the Auditor General and the
  990  staff of the Auditor General shall be paid from the
  991  appropriation for legislative expense or any other moneys
  992  appropriated by the Legislature for that purpose. The Auditor
  993  General shall approve all bills for salaries and expenses for
  994  his or her staff before the same shall be paid.
  995  
  996  5.3—Audit Report Distribution
  997         (1) A copy of each audit report shall be submitted to the
  998  Governor, to the Chief Financial Officer, and to the officer or
  999  person in charge of the state agency or political subdivision
 1000  audited. One copy shall be filed as a permanent public record in
 1001  the office of the Auditor General. In the case of county
 1002  reports, one copy of the report of each county office, school
 1003  district, or other district audited shall be submitted to the
 1004  board of county commissioners of the county in which the audit
 1005  was made and shall be filed in the office of the clerk of the
 1006  circuit court of that county as a public record. When an audit
 1007  is made of the records of the district school board, a copy of
 1008  the audit report shall also be filed with the district school
 1009  board, and thereupon such report shall become a part of the
 1010  public records of such board.
 1011         (2) A copy of each audit report shall be made available to
 1012  each member of the Legislative Auditing Committee.
 1013         (3) The Auditor General shall transmit a copy of each audit
 1014  report to the appropriate substantive and fiscal committees of
 1015  the Senate and House of Representatives.
 1016         (4) Other copies may be furnished to other persons who, in
 1017  the opinion of the Auditor General, are directly interested in
 1018  the audit or who have a duty to perform in connection therewith.
 1019         (5) The Auditor General shall transmit to the President of
 1020  the Senate and the Speaker of the House of Representatives, by
 1021  December 1 of each year, a list of statutory and fiscal changes
 1022  recommended by audit reports. The recommendations shall be
 1023  presented in two categories: one addressing substantive law and
 1024  policy issues and the other addressing budget issues. The
 1025  Auditor General may also transmit recommendations at other times
 1026  of the year when the information would be timely and useful for
 1027  the Legislature.
 1028         (6) A copy required to be provided under this rule may be
 1029  provided in an electronic or other digital format if the Auditor
 1030  General determines that the intended recipient has appropriate
 1031  resources to review the copy. Copies to members, committees, and
 1032  offices of the Legislature shall be provided in electronic
 1033  format as may be provided in joint policies adopted under Joint
 1034  Rule 3.2.
 1035  
 1036         Joint Rule Six—Joint Legislative Budget Commission        
 1037  
 1038  6.1—General Responsibilities
 1039         (1) The commission, as provided in chapter 216, Florida
 1040  Statutes, shall receive and review notices of budget and
 1041  personnel actions taken or proposed to be taken by the executive
 1042  and judicial branches and shall approve or disapprove such
 1043  actions.
 1044         (2) Through its chair, the commission shall advise the
 1045  Governor and the Chief Justice of actions or proposed actions
 1046  that exceed delegated authority or that are contrary to
 1047  legislative policy and intent.
 1048         (3) To the extent possible, the commission shall inform
 1049  members of the Legislature of budget amendments requested by the
 1050  executive or judicial branches.
 1051         (4) The commission shall consult with the Chief Financial
 1052  Officer and the Executive Office of the Governor on matters as
 1053  required by chapter 216, Florida Statutes.
 1054         (5) The President of the Senate and the Speaker of the
 1055  House of Representatives may jointly assign other
 1056  responsibilities to the commission in addition to those assigned
 1057  by law.
 1058         (6) The commission shall develop policies and procedures
 1059  necessary to carry out its assigned responsibilities, subject to
 1060  the joint approval of the President of the Senate and the
 1061  Speaker of the House of Representatives.
 1062         (7) The commission, with the approval of the President of
 1063  the Senate and the Speaker of the House of Representatives, may
 1064  appoint subcommittees as necessary to facilitate its work.
 1065  
 1066  6.2—Organizational Structure
 1067         (1) The commission is not subject to Joint Rule Four. The
 1068  commission shall be composed of seven members of the Senate
 1069  appointed by the President of the Senate and seven members of
 1070  the House of Representatives appointed by the Speaker of the
 1071  House of Representatives.
 1072         (2) The commission shall be jointly staffed by the
 1073  appropriations committees of both houses. The Senate shall
 1074  provide the lead staff when the chair of the commission is a
 1075  member of the Senate. The House of Representatives shall provide
 1076  the lead staff when the chair of the commission is a member of
 1077  the House of Representatives.
 1078  
 1079  6.3—Notice of Commission Meetings
 1080  Not less than 7 days prior to a meeting of the commission, a
 1081  notice of the meeting, stating the items to be considered, date,
 1082  time, and place, shall be filed with the Secretary of the Senate
 1083  when the chair of the commission is a member of the Senate or
 1084  with the Clerk of the House when the chair of the commission is
 1085  a member of the House of Representatives. The Secretary of the
 1086  Senate or the Clerk of the House shall distribute notice to the
 1087  Legislature and the public, consistent with the rules and
 1088  policies of their respective houses.
 1089  
 1090  6.4—Effect of Adoption; Intent
 1091  This Joint Rule Six replaces all prior joint rules governing the
 1092  Joint Legislative Budget Commission and is intended to implement
 1093  constitutional provisions relating to the Joint Legislative
 1094  Budget Commission existing as of the date of the rule’s
 1095  adoption.
 1096  
 1097             Joint Rule Seven—Qualifications of Members            
 1098  
 1099  7.1—Residency
 1100         (1) A member shall be a legal resident and elector of his
 1101  or her district at the time of election and shall maintain his
 1102  or her legal residence within that district for the duration of
 1103  his or her term of office. While a member may have multiple
 1104  residences, he or she shall have only one legal residence. The
 1105  legal residence of a member at a designated location is
 1106  demonstrated by a totality of the circumstances. Factors to be
 1107  considered include, but are not limited to:
 1108         (a) Where one claims to reside, as reflected in statements
 1109  to others or in official documents;
 1110         (b) The abandonment of a prior legal residence, as
 1111  evidenced by moving from or selling a prior legal residence;
 1112         (c) The abandonment of rights and privileges associated
 1113  with a prior legal residence;
 1114         (d) Where one is registered as a voter;
 1115         (e) Where one claims a legal residence for a homestead
 1116  exemption;
 1117         (f) Where one claims a legal residence for a driver license
 1118  or other government privilege or benefit;
 1119         (g) The transfer of one’s bank accounts to the district
 1120  where one maintains a legal residence;
 1121         (h) Where one’s spouse and minor children maintain a legal
 1122  residence, work, and attend school;
 1123         (i) Where one receives mail and other correspondence;
 1124         (j) Where one customarily resides;
 1125         (k) Where one conducts business affairs;
 1126         (l) Where one rents or leases property; and
 1127         (m) Where one plans the construction of a new legal
 1128  residence.
 1129         (2) In accordance with Section 3 of Article X of the
 1130  Florida Constitution, a vacancy in office occurs when a member
 1131  fails to maintain a legal residence within his or her district
 1132  as required at the time of election.
 1133         (3) In accordance with Section 2 of Article III of the
 1134  Florida Constitution, each house of the Legislature shall be the
 1135  sole judge of the qualifications of its members, including
 1136  whether a member no longer satisfies his or her qualifications
 1137  for office.
 1138         (4) Each member shall affirm in writing that he or she is a
 1139  legal resident and elector of his or her district based on the
 1140  provisions of this Joint Rule. Each member shall file the
 1141  written affirmation with the Secretary of the Senate or the
 1142  Clerk of the House of Representatives before the convening of
 1143  Organization Session following each general election. For a
 1144  member who is elected pursuant to a special election, the member
 1145  must execute the written affirmation before or concurrent with
 1146  taking the oath of office and provide such affirmation to the
 1147  Secretary of the Senate or the Clerk of the House of
 1148  Representatives. The form of the written affirmation shall be
 1149  prescribed by the Secretary of the Senate and the Clerk of the
 1150  House of Representatives for members of their respective house
 1151  of the Legislature.
 1152  
 1153  Joint Rule Eight-Adjourning and Reconvening of Each House of the 
 1154         Legislature and Providing for Adjournment Sine Die        
 1155  
 1156  8.1—Adjourning and Reconvening
 1157  Pursuant to Section 3(e) of Article III of the Florida
 1158  Constitution, during any legislative session, each house of the
 1159  Legislature may, without consent from the other house, determine
 1160  its respective dates and times for adjourning and reconvening
 1161  daily sittings.
 1162  
 1163  8.2—Adjournment Sine Die
 1164         (1) During regular sessions, both houses of the Legislature
 1165  shall adjourn sine die by concurrent resolution or concurrent
 1166  motions or on the 60th day at 11:59 p.m., unless extended.
 1167         (2) During special sessions, both houses shall adjourn sine
 1168  die by concurrent resolution or concurrent motions or upon
 1169  reaching the hour on which the special session is adjourned sine
 1170  die by operation of the proclamation, unless extended.