| 1 | House Concurrent Resolution |
| 2 | A concurrent resolution adopting Joint Rule One, relating |
| 3 | to lobbyist registration and compensation reporting, and |
| 4 | adopting Joint Rule Seven, relating to the organization |
| 5 | and duties of the Legislative Budget Commission. |
| 6 |
|
| 7 | WHEREAS, chapter 2005-359, Laws of Florida, established |
| 8 | lobbyist compensation reporting, and further provided for |
| 9 | electronic filing of compensation reports and other information |
| 10 | effective April 1, 2007, and |
| 11 | WHEREAS, in the 2006 general election, the electors of |
| 12 | Florida amended Section 19 of Article III of the Constitution of |
| 13 | Florida to create within the Legislature the Joint Legislative |
| 14 | Budget Commission, and |
| 15 | WHEREAS, Section 19, as so amended, provides that the Joint |
| 16 | Legislative Budget Commission shall be governed by the Joint |
| 17 | Rules of the Senate and the House of Representatives, NOW, |
| 18 | THEREFORE, |
| 19 |
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| 20 | Be It Resolved by the House of Representatives of the State of |
| 21 | Florida, the Senate Concurring: |
| 22 |
|
| 23 | That Joint Rule One and Joint Rule Seven are revised and |
| 24 | readopted to read as follows: |
| 25 |
|
| 26 | JOINT RULE ONE |
| 27 | Lobbyist Registration and Compensation Reporting |
| 28 | 1.1--Those Required to Register; Definitions; Exemptions; |
| 29 | Committee Appearance Records |
| 30 | (1) All lobbyists before the Florida Legislature must |
| 31 | register with the Lobbyist Registration Office in the Division |
| 32 | of Legislative Information Services of the Office of Legislative |
| 33 | Services. Registration is required for each principal |
| 34 | represented. |
| 35 | (2) As used in Joint Rule One, unless the context |
| 36 | otherwise requires: |
| 37 | (a) "Compensation" means payment, distribution, loan, |
| 38 | advance, reimbursement, deposit, salary, fee, retainer, or |
| 39 | anything of value provided or owed to a lobbying firm, directly |
| 40 | or indirectly, by a principal for any lobbying activity. |
| 41 | (b) "Division" means the Division of Legislative |
| 42 | Information Services within the Office of Legislative Services. |
| 43 | (c) "Legislative action" means introduction, sponsorship, |
| 44 | testimony, debate, voting, or any other official action on any |
| 45 | measure, resolution, amendment, nomination, appointment, or |
| 46 | report of, or any matter that may be the subject of action by, |
| 47 | either house of the Legislature or any committee thereof. |
| 48 | (d) "Lobby" or "lobbying" means influencing or attempting |
| 49 | to influence legislative action or nonaction through oral or |
| 50 | written communication or an attempt to obtain the goodwill of a |
| 51 | member or employee of the Legislature. |
| 52 | (e) "Lobbying firm" means any business entity, including |
| 53 | an individual contract lobbyist, that receives or becomes |
| 54 | entitled to receive any compensation for the purpose of |
| 55 | lobbying, and where any partner, owner, officer, or employee of |
| 56 | the business entity is a lobbyist. "Lobbying firm" does not |
| 57 | include an entity that has employees who are lobbyists if the |
| 58 | entity does not derive compensation from principals for |
| 59 | lobbying, or such compensation is received exclusively from a |
| 60 | subsidiary or affiliate corporation of the employer. As used in |
| 61 | this paragraph, an affiliate corporation is a corporation that |
| 62 | directly or indirectly shares the same ultimate parent |
| 63 | corporation as the employer and does not receive compensation |
| 64 | for lobbying from any unaffiliated entity. |
| 65 | (f) "Lobbyist" means a person who is employed and receives |
| 66 | payment, or who contracts for economic consideration, for the |
| 67 | purpose of lobbying, or a person who is principally employed for |
| 68 | governmental affairs by another person or governmental entity to |
| 69 | lobby on behalf of that other person or governmental entity. An |
| 70 | employee of the principal is not a "lobbyist" unless the |
| 71 | employee is principally employed for governmental affairs. |
| 72 | "Principally employed for governmental affairs" means that one |
| 73 | of the principal or most significant responsibilities of the |
| 74 | employee to the employer is overseeing the employer's various |
| 75 | relationships with government or representing the employer in |
| 76 | its contacts with government. Any person employed by the |
| 77 | Governor, the Executive Office of the Governor, or any executive |
| 78 | or judicial department of the state or any community college of |
| 79 | the state who seeks to encourage the passage, defeat, or |
| 80 | modification of any legislation by personal appearance or |
| 81 | attendance before the House of Representatives or the Senate, or |
| 82 | any member or committee thereof, is a lobbyist. |
| 83 | (g) "Payment" or "salary" means wages or any other |
| 84 | consideration provided in exchange for services, but does not |
| 85 | include reimbursement for expenses. |
| 86 | (h) "Principal" means the person, firm, corporation, or |
| 87 | other entity that has employed or retained a lobbyist. When an |
| 88 | association has employed or retained a lobbyist, the association |
| 89 | is the principal; the individual members of the association are |
| 90 | not principals merely because of their membership in the |
| 91 | association. |
| 92 | (i) "Unusual circumstances," with respect to any failure |
| 93 | of a person to satisfy a filing requirement, means uncommon, |
| 94 | rare, or sudden events over which the person has no control and |
| 95 | which directly result in the failure to satisfy the filing |
| 96 | requirement. |
| 97 | (3) For purposes of this rule, the terms "lobby" and |
| 98 | "lobbying" do not include any of the following: |
| 99 | (a) Response to an inquiry for information made by any |
| 100 | member, committee, or staff of the Legislature. |
| 101 | (b) An appearance in response to a legislative subpoena. |
| 102 | (c) Advice or services that arise out of a contractual |
| 103 | obligation with the Legislature, a member, a committee, any |
| 104 | staff, or any legislative entity to render the advice or |
| 105 | services where such obligation is fulfilled through the use of |
| 106 | public funds. |
| 107 | (d) Representation of a client before the House of |
| 108 | Representatives or the Senate, or any member or committee |
| 109 | thereof, when the client is subject to disciplinary action by |
| 110 | the House of Representatives or the Senate, or any member or |
| 111 | committee thereof. |
| 112 | (4) For purposes of registration and reporting, the term |
| 113 | "lobbyist" does not include any of the following: |
| 114 | (a) A member of the Legislature. |
| 115 | (b) A person who is employed by the Legislature. |
| 116 | (c) A judge who is acting in that judge's official |
| 117 | capacity. |
| 118 | (d) A person who is a state officer holding elective |
| 119 | office or an officer of a political subdivision of the state |
| 120 | holding elective office and who is acting in that officer's |
| 121 | official capacity. |
| 122 | (e) A person who appears as a witness or for the purpose |
| 123 | of providing information at the written request of the chair of |
| 124 | a committee, subcommittee, or legislative delegation. |
| 125 | (f) A person employed by any executive or judicial |
| 126 | department of the state or any community college of the state |
| 127 | who makes a personal appearance or attendance before the House |
| 128 | of Representatives or the Senate, or any member or committee |
| 129 | thereof, while that person is on approved leave or outside |
| 130 | normal working hours, and who does not otherwise meet the |
| 131 | definition of lobbyist. |
| 132 | (5) When a person, whether or not the person is registered |
| 133 | as a lobbyist, appears before a committee of the Legislature, |
| 134 | that person must submit a Committee Appearance Record as |
| 135 | required by the respective house. |
| 136 | 1.2--Method of Registration |
| 137 | (1) Each person who is required to register must register |
| 138 | on forms furnished by the Lobbyist Registration Office, on which |
| 139 | that person must state, under oath, that person's full legal |
| 140 | name, business address, and telephone number, the name and |
| 141 | business address of each principal that person represents, and |
| 142 | the extent of any direct business association or partnership |
| 143 | that person has with any member of the Legislature. In addition, |
| 144 | if the lobbyist is a partner, owner, officer, or employee of a |
| 145 | lobbying firm, the lobbyist must state the name, address, and |
| 146 | telephone number of each lobbying firm to which the lobbyist |
| 147 | belongs. The Lobbyist Registration Office or its designee is |
| 148 | authorized to acknowledge the oath of any person who registers |
| 149 | in person. Any changes to the information provided in the |
| 150 | registration form must be reported to the Lobbyist Registration |
| 151 | Office in writing within 15 days on forms furnished by the |
| 152 | Lobbyist Registration Office. |
| 153 | (2) Any person required to register must do so with |
| 154 | respect to each principal prior to commencement of lobbying on |
| 155 | behalf of that principal. At the time of registration, the |
| 156 | registrant shall provide a statement on a form provided by the |
| 157 | Lobbyist Registration Office, signed by the principal or |
| 158 | principal's representative, that the registrant is authorized to |
| 159 | represent the principal. On the authorization statement the |
| 160 | principal or principal's representative shall also identify and |
| 161 | designate the principal's main business pursuant to a |
| 162 | classification system approved by the Office of Legislative |
| 163 | Services that shall be the North American Industry |
| 164 | Classification System (NAICS) six-digit numerical code that most |
| 165 | accurately describes the principal's main business. |
| 166 | (3) Any person required to register must renew the |
| 167 | registration annually for each calendar year. |
| 168 | (4) A lobbyist shall promptly send a notice to the |
| 169 | Lobbyist Registration Office, on forms furnished by the Lobbyist |
| 170 | Registration Office, canceling the registration for a principal |
| 171 | upon termination of the lobbyist's representation of that |
| 172 | principal. A notice of cancellation takes effect the day it is |
| 173 | received by the Lobbyist Registration Office. Notwithstanding |
| 174 | this requirement, the Lobbyist Registration Office may remove |
| 175 | the name of a lobbyist from the list of registered lobbyists if |
| 176 | the principal notifies the Lobbyist Registration Office that the |
| 177 | lobbyist is no longer authorized to represent that principal. |
| 178 | (5) The Lobbyist Registration Office shall retain all |
| 179 | original registration documents submitted under this rule. |
| 180 | (6) A person who is required to register under this rule, |
| 181 | or who chooses to register, shall be considered a lobbyist of |
| 182 | the Legislature for the purposes of sections 11.045, 112.3148, |
| 183 | and 112.3149, Florida Statutes. |
| 184 | 1.3--Registration Costs; Exemptions |
| 185 | (1) To cover the costs incurred in administering this |
| 186 | joint policy, each person who registers under Joint Senate and |
| 187 | House Rule 1.1 must pay an annual registration fee to the |
| 188 | Lobbyist Registration Office. The annual period runs from |
| 189 | January 1 to December 31. These fees must be paid at the time of |
| 190 | registration. |
| 191 | (2) The following persons are exempt from paying the fee, |
| 192 | provided they are designated in writing by the agency head or |
| 193 | person designated in this subsection: |
| 194 | (a) Two employees of each department of the executive |
| 195 | branch created under chapter 20, Florida Statutes. |
| 196 | (b) Two employees of the Fish and Wildlife Conservation |
| 197 | Commission. |
| 198 | (c) Two employees of the Executive Office of the Governor. |
| 199 | (d) Two employees of the Commission on Ethics. |
| 200 | (e) Two employees of the Florida Public Service |
| 201 | Commission. |
| 202 | (f) Two employees of the judicial branch designated in |
| 203 | writing by the Chief Justice of the Florida Supreme Court. |
| 204 | (3) The annual fee is up to $50 per each house for a |
| 205 | person to register to represent one principal and up to an |
| 206 | additional $10 per house for each additional principal that the |
| 207 | person registers to represent. The amount of each fee shall be |
| 208 | established annually by the President of the Senate and the |
| 209 | Speaker of the House of Representatives. The fees set shall be |
| 210 | adequate to ensure operation of the lobbyist registration and |
| 211 | reporting operations of the Lobbyist Registration Office. The |
| 212 | fees collected by the Lobbyist Registration Office under this |
| 213 | joint policy shall be deposited in the State Treasury and |
| 214 | credited to the Legislative Lobbyist Registration Trust Fund |
| 215 | specifically to cover the costs incurred in administering this |
| 216 | joint policy. |
| 217 | 1.4--Reporting of Lobbying Firm Compensation |
| 218 | (1)(a) Each lobbying firm shall file a compensation report |
| 219 | with the division for each calendar quarter during any portion |
| 220 | of which one or more of the firm's lobbyists were registered to |
| 221 | represent a principal. The report shall include the: |
| 222 | 1. Full name, business address, and telephone number of |
| 223 | the lobbying firm; |
| 224 | 2. Registration name of each of the firm's lobbyists; and |
| 225 | 3. Total compensation provided or owed to the lobbying |
| 226 | firm from all principals for the reporting period, reported in |
| 227 | one of the following categories: $0; $1 to $49,999; $50,000 to |
| 228 | $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to |
| 229 | $999,999; or $1 million or more. |
| 230 | (b) For each principal represented by one or more of the |
| 231 | firm's lobbyists, the lobbying firm's compensation report shall |
| 232 | also include the: |
| 233 | 1. Full name, business address, and telephone number of |
| 234 | the principal; and |
| 235 | 2. Total compensation provided or owed to the lobbying |
| 236 | firm for the reporting period, reported in one of the following |
| 237 | categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to |
| 238 | $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or |
| 239 | more. If the category "$50,000 or more" is selected, the |
| 240 | specific dollar amount of compensation must be reported, rounded |
| 241 | up or down to the nearest $1,000. |
| 242 | (c) If the lobbying firm subcontracts work from another |
| 243 | lobbying firm and not from the original principal: |
| 244 | 1. The lobbying firm providing the work to be |
| 245 | subcontracted shall be treated as the reporting lobbying firm's |
| 246 | principal for reporting purposes under this paragraph; and |
| 247 | 2. The reporting lobbying firm shall, for each lobbying |
| 248 | firm identified as the reporting lobbying firm's principal under |
| 249 | paragraph (b), identify the name and address of the principal |
| 250 | originating the lobbying work. |
| 251 | (d) The senior partner, officer, or owner of the lobbying |
| 252 | firm shall certify to the veracity and completeness of the |
| 253 | information submitted pursuant to this Rule 1.4, and certify |
| 254 | that no compensation has been omitted from this report by |
| 255 | deeming such compensation as "consulting services," "media |
| 256 | services," "professional services," or anything other than |
| 257 | compensation, and certify that no officer or employee of the |
| 258 | firm has made an expenditure in violation of section 11.045, |
| 259 | Florida Statutes, as amended by chapter 2005-359, Laws of |
| 260 | Florida. |
| 261 | (2) For each principal represented by more than one |
| 262 | lobbying firm, the division shall aggregate the reporting-period |
| 263 | and calendar-year compensation reported as provided or owed by |
| 264 | the principal. Compensation reported within a category shall be |
| 265 | aggregated as follows: |
| 266 |
|
| 267 | Category (dollars) Dollar amount to use aggregating |
| 268 | 0 $ 0 |
| 269 | 1-9,999 5,000 |
| 270 | 10,000-19,999 15,000 |
| 271 | 20,000-29,999 25,000 |
| 272 | 30,000-39,999 35,000 |
| 273 | 40,000-49,999 45,000 |
| 274 | $50,000 or more Actual amount reported |
| 275 |
|
| 276 | (3) The reporting statements shall be filed no later than |
| 277 | 45 days after the end of each reporting period. The four |
| 278 | reporting periods are from January 1 through March 31, April 1 |
| 279 | through June 30, July 1 through September 30, and October 1 |
| 280 | through December 31, respectively. The statements shall be |
| 281 | rendered in the identical form provided by the respective houses |
| 282 | and shall be open to public inspection. Effective April 1, 2007, |
| 283 | reporting statements shall be filed by electronic means through |
| 284 | the electronic filing system developed by the division, |
| 285 | conforming to subsection (4). |
| 286 | (4) The electronic filing system for compensation |
| 287 | reporting shall include the following: |
| 288 | (a) As used in this rule, the term "electronic filing |
| 289 | system" means an Internet system for recording and reporting |
| 290 | lobbying compensation and other required information by |
| 291 | reporting period. |
| 292 | (b) A report filed pursuant to this Rule 1.4 must be |
| 293 | completed and filed through the electronic filing system not |
| 294 | later than 11:59 p.m. of the day designated in subsection (3). A |
| 295 | report not filed by 11:59 p.m. of the day designated is a late- |
| 296 | filed report and is subject to the penalties under Rule 1.5(1). |
| 297 | (c) Each person given secure sign-on credentials to file |
| 298 | via the electronic filing system is responsible for protecting |
| 299 | the credentials from disclosure and is responsible for all |
| 300 | filings made by use of such credentials, unless and until the |
| 301 | division is notified that the person's credentials have been |
| 302 | compromised. Each report filed by electronic means pursuant to |
| 303 | this section shall be deemed certified in accordance with |
| 304 | paragraph (1)(d) by the person given the secure sign-on |
| 305 | credentials and, as such, subjects the person and the lobbying |
| 306 | firm to the provisions of s. 11.045(8), Florida Statutes, as |
| 307 | well as any discipline provided under the rules of the Senate or |
| 308 | House of Representatives. |
| 309 | (d) The electronic filing system shall: |
| 310 | 1. Be based on access by means of the Internet. |
| 311 | 2. Be accessible by anyone with Internet access using |
| 312 | standard web-browsing software. |
| 313 | 3. Provide for direct entry of compensation-report |
| 314 | information as well as upload of such information from software |
| 315 | authorized by the division. |
| 316 | 4. Provide a method that prevents unauthorized access to |
| 317 | electronic filing system functions. |
| 318 | 5. Provide for the issuance of an electronic receipt to |
| 319 | the person submitting the report indicating and verifying the |
| 320 | date and time that the report was filed. |
| 321 | (5) The division shall provide reasonable public notice of |
| 322 | the electronic filing procedures and of any significant changes |
| 323 | in such procedures. In the event that the President of the |
| 324 | Senate and the Speaker of the House of Representatives jointly |
| 325 | declare the electronic system to be not operable, the reports |
| 326 | shall be filed in the manner required prior to April 1, 2007, |
| 327 | unless the President of the Senate and the Speaker of the House |
| 328 | of Representatives direct use of an alternate means of |
| 329 | reporting. The division shall develop and maintain such |
| 330 | alternative means as may be practicable. Public notice of |
| 331 | changes in filing procedures and any declaration or direction of |
| 332 | the President of the Senate and the Speaker of the House of |
| 333 | Representatives may be provided by publication for a continuous |
| 334 | period of reasonable time on one or more Internet websites |
| 335 | maintained by the Senate and the House of Representatives. |
| 336 | (6) Prior to April 1, 2007, reports must be filed no later |
| 337 | than 5 p.m. of the report due date. However, any report that is |
| 338 | postmarked by the United States Postal Service no later than the |
| 339 | due date shall be deemed to have been filed in a timely manner, |
| 340 | and a certificate of mailing obtained from and dated by the |
| 341 | United States Postal Service at the time of the mailing, or a |
| 342 | receipt from an established courier company that bears a date on |
| 343 | or before the due date, shall be proof of mailing in a timely |
| 344 | manner. |
| 345 | 1.5--Failure to File Timely Compensation Report; Notice and |
| 346 | Assessment of Fines; Appeals |
| 347 | (1) Upon determining that the report is late, the person |
| 348 | designated to review the timeliness of reports shall immediately |
| 349 | notify the lobbying firm as to the failure to timely file the |
| 350 | report and that a fine is being assessed for each late day. The |
| 351 | fine shall be $50 per day per report for each late day, not to |
| 352 | exceed $5,000 per report. |
| 353 | (2)(a) Effective April 1, 2007, upon receipt of the |
| 354 | report, the person designated to review the timeliness of |
| 355 | reports shall determine the amount of the fine based on when the |
| 356 | report is actually received by the division or when the |
| 357 | electronic receipt issued by the electronic filing system is |
| 358 | dated, whichever is earlier. |
| 359 | (b) Prior to April 1, 2007, upon receipt of the report, |
| 360 | the person designated to review the timeliness of reports shall |
| 361 | determine the amount of the fine due based upon the earliest of |
| 362 | the following: |
| 363 | 1. When a report is actually received by the division. |
| 364 | 2. When the report is postmarked. |
| 365 | 3. When the certificate of mailing is dated. |
| 366 | 4. When the receipt from an established courier company is |
| 367 | dated. |
| 368 | (3) Such fine shall be paid within 30 days after the |
| 369 | notice of payment due is transmitted by the person designated to |
| 370 | review the timeliness of reports, unless appeal is made to the |
| 371 | division. The moneys shall be deposited into the Legislative |
| 372 | Lobbyist Registration Trust Fund. |
| 373 | (4) A fine shall not be assessed against a lobbying firm |
| 374 | the first time the report for which the lobbying firm is |
| 375 | responsible is not timely filed. However, to receive the one- |
| 376 | time fine waiver, the report for which the lobbying firm is |
| 377 | responsible must be filed within 30 days after notice that the |
| 378 | report has not been timely filed is transmitted by the person |
| 379 | designated to review the timeliness of reports. A fine shall be |
| 380 | assessed for any subsequent late-filed reports. |
| 381 | (5) Any lobbying firm may appeal or dispute a fine, based |
| 382 | upon unusual circumstances surrounding the failure to file on |
| 383 | the designated due date, and may request and shall be entitled |
| 384 | to a hearing before the General Counsel of the Office of |
| 385 | Legislative Services, who shall recommend to the President of |
| 386 | the Senate and the Speaker of the House of Representatives, or |
| 387 | their respective designees, that the fine be waived in whole or |
| 388 | in part for good cause shown. The President of the Senate and |
| 389 | the Speaker of the House of Representatives, or their respective |
| 390 | designees, may by joint agreement concur in the recommendation |
| 391 | and waive the fine in whole or in part. Any such request shall |
| 392 | be made within 30 days after the notice of payment due is |
| 393 | transmitted by the person designated to review the timeliness of |
| 394 | reports. In such case, the lobbying firm shall, within the 30- |
| 395 | day period, notify the person designated to review the |
| 396 | timeliness of reports in writing of his or her intention to |
| 397 | request a hearing. |
| 398 | (6) A lobbying firm may request that the filing of a |
| 399 | report be waived upon good cause shown, based on unusual |
| 400 | circumstances. The request must be filed with the General |
| 401 | Counsel of the Office of Legislative Services, who shall make a |
| 402 | recommendation concerning the waiver request to the President of |
| 403 | the Senate and the Speaker of the House of Representatives. The |
| 404 | President of the Senate and the Speaker of the House of |
| 405 | Representatives may, by joint agreement, grant or deny the |
| 406 | request. |
| 407 | (7)(a) All lobbyist registrations for lobbyists who are |
| 408 | partners, owners, officers, or employees of a lobbying firm that |
| 409 | fails to timely pay a fine are automatically suspended until the |
| 410 | fine is paid or waived, and the division shall promptly notify |
| 411 | all affected principals and the President of the Senate and the |
| 412 | Speaker of the House of Representatives of any suspension or |
| 413 | reinstatement. All lobbyists who are partners, owners, officers, |
| 414 | or employees of a lobbying firm are jointly and severally liable |
| 415 | for any outstanding fine owed by a lobbying firm. |
| 416 | (b) No such lobbyist may be reinstated in any capacity |
| 417 | representing any principal until the fine is paid or until the |
| 418 | fine is waived as to that lobbyist. A suspended lobbyist may |
| 419 | request a waiver upon good cause shown, based on unusual |
| 420 | circumstances. The request must be filed with the General |
| 421 | Counsel of the Office of Legislative Services who shall, as soon |
| 422 | as practicable, make a recommendation concerning the waiver |
| 423 | request to the President of the Senate and the Speaker of the |
| 424 | House of Representatives. The President of the Senate and the |
| 425 | Speaker of the House of Representatives may, by joint agreement, |
| 426 | grant or deny the request. |
| 427 | (8) The person designated to review the timeliness of |
| 428 | reports shall notify the director of the division of the failure |
| 429 | of a lobbying firm to file a report after notice or of the |
| 430 | failure of a lobbying firm to pay the fine imposed. |
| 431 | 1.6--Open Records; Internet Publication of Registrations |
| 432 | and Compensation Reports |
| 433 | (1) All of the lobbyist registration forms and |
| 434 | compensation reports received by the Lobbyist Registration |
| 435 | Office shall be available for public inspection and for |
| 436 | duplication at reasonable cost. |
| 437 | (2) The division shall make information filed pursuant to |
| 438 | Rules 1.2 and 1.4 reasonably available on the Internet in an |
| 439 | easily understandable and accessible format. The Internet |
| 440 | website shall include, but not be limited to, the names and |
| 441 | business addresses of lobbyists, lobbying firms, and principals, |
| 442 | the affiliations between lobbyists and principals, and the |
| 443 | classification system designated and identified with respect to |
| 444 | principals pursuant to Rule 1.2. |
| 445 | 1.7--Records Retention and Inspection and Complaint |
| 446 | Procedure |
| 447 | (1) Each lobbying firm and each principal shall preserve |
| 448 | for a period of 4 years all accounts, bills, receipts, computer |
| 449 | records, books, papers, and other documents and records |
| 450 | necessary to substantiate compensation reports. |
| 451 | (2) Upon receipt of a complaint based upon the personal |
| 452 | knowledge of the complainant made pursuant to the Senate Rules |
| 453 | or Rules of the House of Representatives, any such documents and |
| 454 | records may be inspected when authorized by the President of the |
| 455 | Senate or the Speaker of the House of Representatives, as |
| 456 | applicable. The person authorized to perform the inspection |
| 457 | shall be designated in writing and shall be a member of The |
| 458 | Florida Bar or a certified public accountant licensed in |
| 459 | Florida. Any information obtained by such an inspection may only |
| 460 | be used for purposes authorized by law, this Joint Rule One, |
| 461 | Senate Rules, or Rules of the House of Representatives, which |
| 462 | purposes may include the imposition of sanctions against a |
| 463 | person subject to this rule or Senate Rules or the Rules of the |
| 464 | House of Representatives. Any employee who uses that information |
| 465 | for an unauthorized purpose is subject to discipline. Any member |
| 466 | who uses that information for an unauthorized purpose is subject |
| 467 | to discipline under the applicable rules of each house. |
| 468 | (3) The right of inspection may be enforced by appropriate |
| 469 | writ issued by any court of competent jurisdiction. |
| 470 | 1.8--Questions Regarding Interpretation of this Joint Rule |
| 471 | One |
| 472 | (1) A person may request in writing an informal opinion |
| 473 | from the General Counsel of the Office of Legislative Services |
| 474 | as to the application of this Joint Rule One to a specific |
| 475 | situation. The General Counsel shall issue the opinion within 10 |
| 476 | days after receiving the request. The informal opinion may be |
| 477 | relied upon by the person who requested the informal opinion. A |
| 478 | copy of each informal opinion that is issued shall be provided |
| 479 | to the presiding officer of each house. A committee of either |
| 480 | house designated pursuant to section 11.045(5), Florida |
| 481 | Statutes, may revise any informal opinion rendered by the |
| 482 | General Counsel through an advisory opinion to the person who |
| 483 | requested the informal opinion. The advisory opinion shall |
| 484 | supersede the informal opinion as of the date the advisory |
| 485 | opinion is issued. |
| 486 | (2) Persons in doubt about the applicability or |
| 487 | interpretation of this Joint Rule One may submit in writing the |
| 488 | facts for an advisory opinion to the committee of either house |
| 489 | designated pursuant to section 11.045(5), Florida Statutes, and |
| 490 | may appear in person before the committee in accordance with |
| 491 | section 11.045(5), Florida Statutes. |
| 492 | 1.9--Effect of Readoption and Revision |
| 493 | All obligations existing under Joint Rule One as of the |
| 494 | last day of the previous legislative biennium are hereby |
| 495 | ratified, preserved, and reimposed pursuant to the terms thereof |
| 496 | as of that date. The provisions of Joint Rule One are imposed |
| 497 | retroactively to the first day of the present legislative |
| 498 | biennium except that provisions new to this revision are |
| 499 | effective on the date of adoption or as otherwise expressly |
| 500 | provided herein. |
| 501 |
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| 502 | JOINT RULE SEVEN |
| 503 | Joint Legislative Budget Commission |
| 504 | 7.1--General Responsibilities |
| 505 | (1) The commission, as provided in chapter 216, Florida |
| 506 | Statutes, shall receive and review notices of budget and |
| 507 | personnel actions and proposed actions taken or to be taken by |
| 508 | the executive and judicial branches and shall approve or |
| 509 | disapprove such actions. |
| 510 | (2) Through the chairman, the commission shall advise the |
| 511 | Governor and the Chief Justice of actions or proposed actions |
| 512 | that exceed delegated authority or that are contrary to |
| 513 | legislative policy and intent. |
| 514 | (3) To the extent possible, the commission shall inform |
| 515 | members of the Legislature of budget amendments requested by the |
| 516 | executive or judicial branches. |
| 517 | (4) The commission shall consult with the Chief Financial |
| 518 | Officer and the Executive Office of the Governor on matters as |
| 519 | required by chapter 216, Florida Statutes. |
| 520 | (5) The President of the Senate and the Speaker of the |
| 521 | House of Representatives may jointly assign other |
| 522 | responsibilities to the commission in addition to those assigned |
| 523 | by law. |
| 524 | (6) The commission shall develop policies and procedures |
| 525 | necessary to carry out its assigned responsibilities. |
| 526 | (7) The commission, with the approval of the President of |
| 527 | the Senate and the Speaker of the House of Representatives, may |
| 528 | appoint subcommittees as necessary to facilitate its work. |
| 529 | 7.2--Organizational Structure |
| 530 | (1) The commission shall be composed of seven members of |
| 531 | the Senate appointed by the President of the Senate and seven |
| 532 | members of the House of Representatives appointed by the Speaker |
| 533 | of the House of Representatives. |
| 534 | (2) The commission shall be jointly staffed by the |
| 535 | appropriations committees of both houses. The Senate shall |
| 536 | provide the lead staff when the chairperson is a Senator. The |
| 537 | House of Representatives shall provide the lead staff when the |
| 538 | chairperson is a Representative. |
| 539 | 7.3--Notice of Commission Meetings |
| 540 | Not less than 7 days prior to a meeting of the commission, |
| 541 | a notice of the meeting, stating the items to be considered, |
| 542 | date, time, and place, shall be filed with the Secretary of the |
| 543 | Senate when the chairperson is a Senator or with the Chief Clerk |
| 544 | of the House of Representatives when the chairperson is a |
| 545 | Representative. The Secretary or the Chief Clerk shall |
| 546 | distribute notice to the Legislature and the public, consistent |
| 547 | with the rules and policies of their respective houses. |
| 548 | 7.4--Effect of Adoption; Intent |
| 549 | This Joint Rule Seven replaces all prior joint rules |
| 550 | governing the Joint Legislative Budget Commission and is |
| 551 | intended to implement constitutional provisions relating to the |
| 552 | Joint Legislative Budget Commission existing as of the date of |
| 553 | the rule's adoption. |