HCR 7011

1	House Concurrent Resolution
2	A concurrent resolution adopting the Joint Rules of the
3	Florida Legislature and amending Joint Rule One, relating
4	to lobbyist registration and compensation reporting, and
5	Joint Rule Seven, relating to the organization and duties
6	of the Legislative Budget Commission.
7
8	WHEREAS, chapter 2005-359, Laws of Florida, established
9	lobbyist compensation reporting, and further provided for
10	electronic filing of compensation reports and other information
11	effective April 1, 2007, and
12	WHEREAS, in the 2006 general election, the electors of
13	Florida amended Section 19 of Article III of the Constitution of
14	Florida to create within the Legislature the Joint Legislative
15	Budget Commission, and
16	WHEREAS, Section 19, as so amended, provides that the Joint
17	Legislative Budget Commission shall be governed by the Joint
18	Rules of the Senate and the House of Representatives, NOW,
19	THEREFORE,
20
21	Be It Resolved by the House of Representatives of the State of
22	Florida, the Senate Concurring:
23
24	That the Joint Rules of the Florida Legislature are revised
25	and readopted to read as follows:
26
27	JOINT RULES
28	JOINT RULE ONE
29	LOBBYIST REGISTRATION AND COMPENSATION REPORTING
30	1.1--Those Required to Register; Exemptions; Committee
31	Appearance Records
32	(1)  All lobbyists before the Florida Legislature must
33	register with the Lobbyist Registration Office in the Division
34	of Legislative Information Services of the Office of Legislative
35	Services. Registration is required for each principal
36	represented.
37	(2)  As used in Joint Rule One, unless the context
38	otherwise requires:
39	(a)  "Compensation" means payment, distribution, loan,
40	advance, reimbursement, deposit, salary, fee, retainer, or
41	anything of value provided or owed to a lobbying firm, directly
42	or indirectly, by a principal for any lobbying activity.
43	(b)  "Division" means the Division of Legislative
44	Information Services within the Office of Legislative Services.
45	(c)  "Legislative action" means introduction, sponsorship,
46	testimony, debate, voting, or any other official action on any
47	measure, resolution, amendment, nomination, appointment, or
48	report of, or any matter that may be the subject of action by,
49	either house of the Legislature or any committee thereof.
50	(d)  "Lobby" or "lobbying" means influencing or attempting
51	to influence legislative action or nonaction through oral or
52	written communication or an attempt to obtain the goodwill of a
53	member or employee of the Legislature.
54	(e)  "Lobbying firm" means any business entity, including
55	an individual contract lobbyist, that receives or becomes
56	entitled to receive any compensation for the purpose of
57	lobbying, and where any partner, owner, officer, or employee of
58	the business entity is a lobbyist. "Lobbying firm" does not
59	include an entity that has employees who are lobbyists if the
60	entity does not derive compensation from principals for
61	lobbying, or such compensation is received exclusively from a
62	subsidiary or affiliate corporation of the employer. As used in
63	this paragraph, an affiliate corporation is a corporation that
64	directly or indirectly shares the same ultimate parent
65	corporation as the employer and does not receive compensation
66	for lobbying from any unaffiliated entity.
67	(f)  "Lobbyist" means a person who is employed and receives
68	payment, or who contracts for economic consideration, for the
69	purpose of lobbying, or a person who is principally employed for
70	governmental affairs by another person or governmental entity to
71	lobby on behalf of that other person or governmental entity. An
72	employee of the principal is not a "lobbyist" unless the
73	employee is principally employed for governmental affairs.
74	"Principally employed for governmental affairs" means that one
75	of the principal or most significant responsibilities of the
76	employee to the employer is overseeing the employer's various
77	relationships with government or representing the employer in
78	its contacts with government. Any person employed by the
79	Governor, the Executive Office of the Governor, or any executive
80	or judicial department of the state or any community college of
81	the state who seeks to encourage the passage, defeat, or
82	modification of any legislation by personal appearance or
83	attendance before the House of Representatives or the Senate, or
84	any member or committee thereof, is a lobbyist.
85	(g)  "Payment" or "salary" means wages or any other
86	consideration provided in exchange for services, but does not
87	include reimbursement for expenses.
88	(h)  "Principal" means the person, firm, corporation, or
89	other entity that has employed or retained a lobbyist. When an
90	association has employed or retained a lobbyist, the association
91	is the principal; the individual members of the association are
92	not principals merely because of their membership in the
93	association.
94	(i)  "Unusual circumstances," with respect to any failure
95	of a person to satisfy a filing requirement, means uncommon,
96	rare, or sudden events over which the person has no control and
97	which directly result in the failure to satisfy the filing
98	requirement.
99	(3)  For purposes of this rule, the terms "lobby" and
100	"lobbying" do not include any of the following:
101	(a)  Response to an inquiry for information made by any
102	member, committee, or staff of the Legislature.
103	(b)  An appearance in response to a legislative subpoena.
104	(c)  Advice or services that arise out of a contractual
105	obligation with the Legislature, a member, a committee, any
106	staff, or any legislative entity to render the advice or
107	services where such obligation is fulfilled through the use of
108	public funds.
109	(d)  Representation of a client before the House of
110	Representatives or the Senate, or any member or committee
111	thereof, when the client is subject to disciplinary action by
112	the House of Representatives or the Senate, or any member or
113	committee thereof.
114	(4)  For purposes of registration and reporting, the term
115	"lobbyist" does not include any of the following:
116	(a)  A member of the Legislature.
117	(b)  A person who is employed by the Legislature.
118	(c)  A judge who is acting in that judge's official
119	capacity.
120	(d)  A person who is a state officer holding elective
121	office or an officer of a political subdivision of the state
122	holding elective office and who is acting in that officer's
123	official capacity.
124	(e)  A person who appears as a witness or for the purpose
125	of providing information at the written request of the chair of
126	a committee, subcommittee, or legislative delegation.
127	(f)  A person employed by any executive or judicial
128	department of the state or any community college of the state
129	who makes a personal appearance or attendance before the House
130	of Representatives or the Senate, or any member or committee
131	thereof, while that person is on approved leave or outside
132	normal working hours, and who does not otherwise meet the
133	definition of lobbyist.
134	(5)  When a person, whether or not the person is registered
135	as a lobbyist, appears before a committee of the Legislature,
136	that person must submit a Committee Appearance Record as
137	required by the respective house.
138	1.2--Method of Registration
139	(1)  Each person who is required to register must register
140	on forms furnished by the Lobbyist Registration Office, on which
141	that person must state, under oath, that person's full legal
142	name, business address, and telephone number, the name and
143	business address 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. In addition,
146	if the lobbyist is a partner, owner, officer, or employee of a
147	lobbying firm, the lobbyist must state the name, address,
148	Federal Employer's Identification Number (FEIN), contact name,
149	and telephone number of each lobbying firm to which the lobbyist
150	belongs. The Lobbyist Registration Office or its designee is
151	authorized to acknowledge the oath of any person who registers
152	in person. Any changes to the information provided in the
153	registration form must be reported to the Lobbyist Registration
154	Office in writing within 15 days on forms furnished by the
155	Lobbyist Registration Office.
156	(2)  Any person required to register must do so with
157	respect to each principal prior to commencement of lobbying on
158	behalf of that principal. At the time of registration, the
159	registrant shall provide a statement on a form provided by the
160	Lobbyist Registration Office, signed by the principal or
161	principal's representative, that the registrant is authorized to
162	represent the principal. On the authorization statement the
163	principal or principal's representative shall also identify and
164	designate the principal's main business pursuant to a
165	classification system approved by the Office of Legislative
166	Services that shall be the North American Industry
167	Classification System (NAICS) six-digit numerical code that most
168	accurately describes the principal's main business.
169	(3)  Any person required to register must renew the
170	registration annually for each calendar year.
171	(4)  A lobbyist shall promptly send a notice to the
172	Lobbyist Registration Office, on forms furnished by the Lobbyist
173	Registration Office, canceling the registration for a principal
174	upon termination of the lobbyist's representation of that
175	principal. A notice of cancellation takes effect the day it is
176	received by the Lobbyist Registration Office. Notwithstanding
177	this requirement, the Lobbyist Registration Office may remove
178	the name of a lobbyist from the list of registered lobbyists if
179	the principal notifies the Lobbyist Registration Office that the
180	lobbyist is no longer authorized to represent that principal.
181	(5)  The Lobbyist Registration Office shall publish on the
182	first Monday of each regular session and weekly thereafter
183	through the end of that session a compilation of the names of
184	persons who have registered and the information contained in
185	their registrations.
186	(5)(6)  The Lobbyist Registration Office shall retain all
187	original registration documents submitted under this rule.
188	(6)(7)  A person who is required to register under this
189	rule, or who chooses to register, shall be considered a lobbyist
190	of the Legislature for the purposes of sections 11.045,
191	112.3148, and 112.3149, Florida Statutes.
192	1.3--Registration Costs; Exemptions
193	(1)  To cover the costs incurred in administering this
194	joint policy, each person who registers under Joint Senate and
195	House Rule 1.1 must pay an annual registration fee to the
196	Lobbyist Registration Office. The annual period runs from
197	January 1 to December 31. These fees must be paid at the time of
198	registration.
199	(2)  The following persons are exempt from paying the fee,
200	provided they are designated in writing by the agency head or
201	person designated in this subsection:
202	(a)  Two employees of each department of the executive
203	branch created under chapter 20, Florida Statutes.
204	(b)  Two employees of the Fish and Wildlife Conservation
205	Commission.
206	(c)  Two employees of the Executive Office of the Governor.
207	(d)  Two employees of the Commission on Ethics.
208	(e)  Two employees of the Florida Public Service
209	Commission.
210	(f)  Two employees of the judicial branch designated in
211	writing by the Chief Justice of the Florida Supreme Court.
212	(3)  The annual fee is up to $50 per each house for a
213	person to register to represent one principal and up to an
214	additional $10 per house for each additional principal that the
215	person registers to represent. The amount of each fee shall be
216	established annually by the President of the Senate and the
217	Speaker of the House of Representatives. The fees set shall be
218	adequate to ensure operation of the lobbyist registration and
219	reporting operations of the Lobbyist Registration Office. The
220	fees collected by the Lobbyist Registration Office under this
221	joint policy shall be deposited in the State Treasury and
222	credited to the Legislative Lobbyist Registration Trust Fund
223	specifically to cover the costs incurred in administering this
224	joint policy.
225	1.4--Reporting of Lobbying Firm Compensation
226	(1)(a)  Each lobbying firm shall file a compensation report
227	with the division for each calendar quarter during any portion
228	of which one or more of the firm's lobbyists were registered to
229	represent a principal. The report shall include the:
230	1.  Full name, business address, and telephone number of
231	the lobbying firm;
232	2.  Registration name of each of the firm's lobbyists; and
233	3.  Total compensation provided or owed to the lobbying
234	firm from all principals for the reporting period, reported in
235	one of the following categories:  $0; $1 to $49,999; $50,000 to
236	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
237	$999,999; $1 million or more.
238	(b)  For each principal represented by one or more of the
239	firm's lobbyists, the lobbying firm's compensation report shall
240	also include the:
241	1.  Full name, business address, and telephone number of
242	the principal; and
243	2.  Total compensation provided or owed to the lobbying
244	firm for the reporting period, reported in one of the following
245	categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
246	$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
247	more. If the category "$50,000 or more" is selected, the
248	specific dollar amount of compensation must be reported, rounded
249	up or down to the nearest $1,000.
250	(c)  If the lobbying firm subcontracts work from another
251	lobbying firm and not from the original principal:
252	1.  The lobbying firm providing the work to be
253	subcontracted shall be treated as the reporting lobbying firm's
254	principal for reporting purposes under this paragraph; and
255	2.  The reporting lobbying firm shall, for each lobbying
256	firm identified as the reporting lobbying firm's principal under
257	paragraph (b), identify the name and address of the principal
258	originating the lobbying work.
259	(d)  The senior partner, officer, or owner of the lobbying
260	firm shall certify to the veracity and completeness of the
261	information submitted pursuant to this Rule 1.4, and certify
262	that no compensation has been omitted from this report by
263	deeming such compensation as "consulting services," "media
264	services," "professional services," or anything other than
265	compensation, and certify that no officer or employee of the
266	firm has made an expenditure in violation of section 11.045,
267	Florida Statutes, as amended by chapter 2005-359, Laws of
268	Florida.
269	(2)  For each principal represented by more than one
270	lobbying firm, the division 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: the arithmetic mean of the category.
274
275	Category (dollars)         Dollar amount to use aggregating
276
277	0                                   $        0
278
279	1-9,999                                  5,000
280
281	10,000-19,999                           15,000
282
283	20,000-29,999                           25,000
284
285	30,000-39,999                           35,000
286
287	40,000-49,999                           45,000
288
289	$50,000 or more                Actual amount reported
290	(3)  The reporting statements shall be filed no later than
291	45 days after the end of each reporting period. The four
292	reporting periods are from January 1 through March 31, April 1
293	through June 30, July 1 through September 30, and October 1
294	through December 31, respectively. The statements shall be
295	rendered in the identical form provided by the respective houses
296	and shall be open to public inspection. Effective April 1, 2007,
297	reporting statements shall may be filed by electronic means
298	through the electronic filing system developed by the division,
299	conforming to subsection (4), when feasible.
300	(4)  The electronic filing system for compensation
301	reporting shall include the following:
302	(a)  As used in this rule, the term "electronic filing
303	system" means an Internet system for recording and reporting
304	lobbying compensation and other required information by
305	reporting period.
306	(b)  A report filed pursuant to this Rule 1.4 must be
307	completed and filed through the electronic filing system not
308	later than 11:59 p.m. of the day designated in subsection (3). A
309	report not filed by 11:59 p.m. of the day designated is a late-
310	filed report and is subject to the penalties under Rule 1.5(1).
311	(c)  Each person given secure sign-on credentials to file
312	via the electronic filing system is responsible for protecting
313	the credentials from disclosure and is responsible for all
314	filings made by use of such credentials, unless and until the
315	division is notified that the person's credentials have been
316	compromised. Each report filed by electronic means pursuant to
317	this section shall be deemed certified in accordance with
318	paragraph (1)(d) by the person given the secure sign-on
319	credentials and, as such, subjects the person and the lobbying
320	firm to the provisions of s. 11.045(8), Florida Statutes, as
321	well as any discipline provided under the rules of the Senate or
322	House of Representatives.
323	(d)  The electronic filing system shall:
324	1.  Be based on access by means of the Internet.
325	2.  Be accessible by anyone with Internet access using
326	standard web-browsing software.
327	3.  Provide for direct entry of compensation-report
328	information as well as upload of such information from software
329	authorized by the division.
330	4.  Provide a method that prevents unauthorized access to
331	electronic filing system functions.
332	5.  Provide for the issuance of an electronic receipt to
333	the person submitting the report indicating and verifying the
334	date and time that the report was filed.
335	(5)  The division shall provide reasonable public notice of
336	the electronic filing procedures and of any significant changes
337	in such procedures. In the event that the President of the
338	Senate and the Speaker of the House of Representatives jointly
339	declare the electronic system to be not operable, the reports
340	shall be filed in the manner required prior to April 1, 2007,
341	unless the President of the Senate and the Speaker of the House
342	of Representatives direct use of an alternate means of
343	reporting. The division shall develop and maintain such
344	alternative means as may be practicable. Public notice of
345	changes in filing procedures and any declaration or direction of
346	the President of the Senate and the Speaker of the House of
347	Representatives may be provided by publication for a continuous
348	period of reasonable time on one or more Internet websites
349	maintained by the Senate and the House of Representatives.
350	(6)(4)  Prior to April 1, 2007, reports must shall be filed
351	no later than 5 p.m. of the report due date. However, any report
352	that is postmarked by the United States Postal Service no later
353	than midnight of the due date shall be deemed to have been filed
354	in a timely manner, and a certificate of mailing obtained from
355	and dated by the United States Postal Service at the time of the
356	mailing, or a receipt from an established courier company that
357	bears a date on or before the due date, shall be proof of
358	mailing in a timely manner.
359	1.5--Failure to File Timely Compensation Report; Notice and
360	Assessment of Fines; Appeals
361	(1)  Upon determining that the report is late, the person
362	designated to review the timeliness of reports shall immediately
363	notify the lobbying firm as to the failure to timely file the
364	report and that a fine is being assessed for each late day. The
365	fine shall be $50 per day per report for each late day, not to
366	exceed $5,000 per report.
367	(2)(a)  Effective April 1, 2007, upon receipt of the
368	report, the person designated to review the timeliness of
369	reports shall determine the amount of the fine based on when the
370	report is actually received by the division or when the
371	electronic receipt issued by the electronic filing system is
372	dated, whichever is earlier.
373	(b)  Prior to April 1, 2007, upon receipt of the report,
374	the person designated to review the timeliness of reports shall
375	determine the amount of the fine due based upon the earliest of
376	the following:
377	1.(a)  When a report is actually received by the division.
378	2.(b)  When the report is postmarked.
379	3.(c)  When the certificate of mailing is dated.
380	4.(d)  When the receipt from an established courier company
381	is dated.
382	(3)  Such fine shall be paid within 30 days after the
383	notice of payment due is transmitted by the person designated to
384	review the timeliness of reports, unless appeal is made to the
385	division. The moneys shall be deposited into the Legislative
386	Lobbyist Registration Trust Fund.
387	(4)  A fine shall not be assessed against a lobbying firm
388	the first time the report for which the lobbying firm is
389	responsible is not timely filed. However, to receive the one-
390	time fine waiver, the report for which the lobbying firm is
391	responsible must be filed within 30 days after notice that the
392	report has not been timely filed is transmitted by the person
393	designated to review the timeliness of reports. A fine shall be
394	assessed for any subsequent late-filed reports.
395	(5)  Any lobbying firm may appeal or dispute a fine, based
396	upon unusual circumstances surrounding the failure to file on
397	the designated due date, and may request and shall be entitled
398	to a hearing before the General Counsel of the Office of
399	Legislative Services, who shall recommend to the President of
400	the Senate and the Speaker of the House of Representatives, or
401	their respective designees, that the fine be waived in whole or
402	in part for good cause shown. The President of the Senate and
403	the Speaker of the House of Representatives, or their respective
404	designees, may by joint agreement concur in the recommendation
405	and waive the fine in whole or in part. Any such request shall
406	be made within 30 days after the notice of payment due is
407	transmitted by the person designated to review the timeliness of
408	reports. In such case, the lobbying firm shall, within the 30-
409	day period, notify the person designated to review the
410	timeliness of reports in writing of his or her intention to
411	request a hearing.
412	(6)  A lobbying firm may request that the filing of a
413	report be waived upon good cause shown, based on unusual
414	circumstances. The request must be filed with the General
415	Counsel of the Office of Legislative Services, who shall make a
416	recommendation concerning the waiver request to the President of
417	the Senate and the Speaker of the House of Representatives. The
418	President of the Senate and the Speaker of the House of
419	Representatives may, by joint agreement, grant or deny the
420	request.
421	(7)(a)  All lobbyist registrations for lobbyists who are
422	partners, owners, officers, or employees of a lobbying firm that
423	fails to timely pay a fine are automatically suspended until the
424	fine is paid or waived, and the division shall promptly notify
425	all affected principals and the President of the Senate and the
426	Speaker of the House of Representatives of any suspension or
427	reinstatement. All lobbyists who are partners, owners, officers,
428	or employees of a lobbying firm are jointly and severally liable
429	for any outstanding fine owed by a lobbying firm.
430	(b)  No such lobbyist may be reinstated in any capacity
431	representing any principal until the fine is paid or until the
432	fine is waived as to that lobbyist. A suspended lobbyist may
433	request a waiver upon good cause shown, based on unusual
434	circumstances. The request must be filed with the General
435	Counsel of the Office of Legislative Services who shall, as soon
436	as practicable, make a recommendation concerning the waiver
437	request to the President of the Senate and the Speaker of the
438	House of Representatives. The President of the Senate and the
439	Speaker of the House of Representatives may, by joint agreement,
440	grant or deny the request.
441	(8)  The person designated to review the timeliness of
442	reports shall notify the director of the division of the failure
443	of a lobbying firm to file a report after notice or of the
444	failure of a lobbying firm to pay the fine imposed.
445	1.6--Open Records; Internet Publication of Registrations
446	and Compensation Reports
447	(1)  All of the lobbyist registration forms and
448	compensation reports received by the Lobbyist Registration
449	Office shall be available for public inspection and for
450	duplication at reasonable cost.
451	(2)  The division shall make information filed pursuant to
452	Rules 1.2 and 1.4 reasonably available on the Internet in an
453	easily understandable and accessible format. The Internet
454	website shall include, but not be limited to, the names and
455	business addresses of lobbyists, lobbying firms, and principals,
456	the affiliations between lobbyists and principals, and the
457	classification system designated and identified with respect to
458	principals pursuant to Rule 1.2.
459	1.7--Records Retention and Inspection and Complaint
460	Procedure
461	(1)  Each lobbying firm and each principal shall preserve
462	for a period of 4 years all accounts, bills, receipts, computer
463	records, books, papers, and other documents and records
464	necessary to substantiate compensation reports.
465	(2)  Upon receipt of a complaint based upon the personal
466	knowledge of the complainant made pursuant to the Senate Rules
467	or Rules of the House of Representatives, any such documents and
468	records may be inspected when authorized by the President of the
469	Senate or the Speaker of the House of Representatives, as
470	applicable. The person authorized to perform the inspection
471	shall be designated in writing and shall be a member of The
472	Florida Bar or a certified public accountant licensed in
473	Florida. Any information obtained by such an inspection may only
474	be used for purposes authorized by law, this Joint Rule One,
475	Senate Rules, or Rules of the House of Representatives, which
476	purposes may include the imposition of sanctions against a
477	person subject to this rule or Senate Rules or the Rules of the
478	House of Representatives. Any employee who uses that information
479	for an unauthorized purpose is subject to discipline. Any member
480	who uses that information for an unauthorized purpose is subject
481	to discipline under the applicable rules of each house.
482	(3)  The right of inspection may be enforced by appropriate
483	writ issued by any court of competent jurisdiction.
484	1.8--Questions Regarding Interpretation of this Joint Rule
485	One
486	(1)  A person may request in writing an informal opinion
487	from the General Counsel of the Office of Legislative Services
488	as to the application of this Joint Rule One to a specific
489	situation. The General Counsel shall issue the opinion within 10
490	days after receiving the request. The informal opinion may be
491	relied upon by the person who requested the informal opinion. A
492	copy of each informal opinion that is issued shall be provided
493	to the presiding officer of each house. A committee of either
494	house designated pursuant to section 11.045(5), Florida
495	Statutes, may revise any informal opinion rendered by the
496	General Counsel through an advisory opinion to the person who
497	requested the informal opinion. The advisory opinion shall
498	supersede the informal opinion as of the date the advisory
499	opinion is issued.
500	(2)  Persons in doubt about the applicability or
501	interpretation of this Joint Rule One may submit in writing the
502	facts for an advisory opinion to the committee of either house
503	designated pursuant to section 11.045(5), Florida Statutes, and
504	may appear in person before the committee in accordance with
505	section 11.045(5), Florida Statutes.
506	1.9--Effect of Readoption and Revision
507	All obligations existing under Joint Rule One as of the
508	last day of the previous legislative biennium are hereby
509	ratified, preserved, and reimposed pursuant to the terms thereof
510	as of that date. The provisions of Joint Rule One are imposed
511	retroactively to the first day of the present legislative
512	biennium except that provisions new to this revision are
513	effective on the date of adoption or as otherwise expressly
514	provided herein.
515	1.9  Effect of Former Joint Rule One
516	Every fine and penalty finally due and owing on or before
517	December 31, 2005, under the Rules of the Senate or the House of
518	Representatives or under former Joint Rules 1.1-1.9, with no
519	appeal pending under such rules, is hereby ratified and
520	preserved and shall be collected as previously finally
521	determined. Every other obligation under former Joint Rule One,
522	rescinded upon adoption of this Joint Rule One, is hereby waived
523	and abolished. The obligations under Joint Rules 1.1, 1.2, and
524	1.3 are to be enforced retroactively to January 1, 2006,
525	provided that substantial compliance with the provisions of
526	former Joint Rules 1.1, 1.2, and 1.3 on or before the effective
527	date of this Joint Rule One shall be deemed to be in compliance
528	with any retroactive requirements of this Joint Rule One.
529	JOINT RULE TWO
530	GENERAL APPROPRIATIONS BILL
531	2.1--General Appropriations Bill; Review Period
532	(1)  A general appropriations bill shall be subject to a
533	72-hour public review period before a vote is taken on final
534	passage of the bill in the form that will be presented to the
535	Governor.
536	(2)  If a bill is returned to the house in which the bill
537	originated and the originating house does not concur in all the
538	amendments or adds additional amendments, no further action
539	shall be taken on the bill by the nonoriginating house, and a
540	conference committee shall be established by operation of this
541	rule to consider the bill.
542	(3)  If a bill is referred to a conference committee by
543	operation of this rule, a 72-hour public review period shall be
544	provided prior to a vote being taken on the conference committee
545	report by either house.
546	(4)  A copy of the bill, a copy of the bill with amendments
547	adopted by the nonoriginating house, or the conference committee
548	report shall be furnished to each member of the Legislature, the
549	Governor, the Chief Justice of the Supreme Court, and each
550	member of the Cabinet. Copies for the Governor, Chief Justice
551	and members of the Cabinet shall be furnished to the official's
552	office in the Capitol or Supreme Court Building. A member's copy
553	shall be furnished to the member's desk in the appropriate
554	chamber. The Secretary of the Senate shall be responsible for
555	furnishing copies under this rule for Senate bills, House bills
556	as amended by the Senate, and conference committee reports on
557	Senate bills. The Clerk of the House shall be responsible for
558	furnishing copies under this rule for House bills, Senate bills
559	as amended by the House, and conference committee reports on
560	House bills.
561	(5)  The 72-hour public review period shall begin to run
562	upon completion of the furnishing of copies required to be
563	provided herein. The Speaker of the House and the President of
564	the Senate, as appropriate, shall be informed of the completion
565	time and such time shall be announced on the floor prior to vote
566	on final passage in each house and shall be entered in the
567	journal of each house. Saturdays, Sundays, and holidays shall be
568	included in the computation under this rule.
569	2.2--General Appropriations Bill; Definition
570	For the purposes of Joint Rule 2, the term "general
571	appropriations bill" means a bill which provides for the
572	salaries of public officers and other current expenses of the
573	state and contains no subject other than appropriations. A bill
574	which contains appropriations which are incidental and necessary
575	solely to implement a substantive law is not included within
576	this term.
577	JOINT RULE THREE
578	LEGISLATIVE SUPPORT SERVICES
579	3.1--Organizational Structure
580	The Legislature shall be supported by the Office of
581	Legislative Services, the Office of Legislative Information
582	Technology Services, and the Office of Economic and Demographic
583	Research. These offices shall provide support services that are
584	determined by the President of the Senate and the Speaker of the
585	House of Representatives to be necessary and that can be
586	effectively provided jointly to both houses and other units of
587	the Legislature. Each office shall be directed by a coordinator
588	selected by the President of the Senate and the Speaker of the
589	House of Representatives.
590	(1)  The Office of Legislative Services shall provide
591	legislative support services other than those prescribed in
592	subsections (2) and (3). The Division of Statutory Revision and
593	the Division of Legislative Information shall be two of the
594	divisions within the Office of Legislative Services.
595	(2)  The Office of Legislative Information Technology
596	Services shall provide support services to assist the
597	Legislature in achieving its objectives through the application
598	of cost-effective information technology.
599	(3)  The Office of Economic and Demographic Research shall
600	provide research support services, principally regarding
601	forecasting economic and social trends that affect policymaking,
602	revenue, and appropriations.
603	3.2--Policies
604	The President of the Senate and the Speaker of the House of
605	Representatives shall jointly adopt policies they consider
606	advisable to carry out the functions of the Legislature.
607	JOINT RULE FOUR
608	JOINT LEGISLATIVE AUDITING COMMITTEE
609	4.1--Responsibilities
610	(1)  On or before December 31 of the year following each
611	decennial census, the Legislative Auditing Committee shall
612	review the performance of the Auditor General and shall submit a
613	report to the Legislature which recommends whether the Auditor
614	General should continue to serve in office.
615	(2)  The expenses of the members of the committee shall be
616	approved by the chair of the committee and paid from the
617	appropriation for legislative expense.
618	(3)  The committee shall submit to the President of the
619	Senate and the Speaker of the House of Representatives, for
620	approval, an estimate of the financial needs of the committee,
621	the Auditor General, and the Office of Program Policy Analysis
622	and Government Accountability, and the Public Counsel.
623	(4)  The committee and the units it oversees, including the
624	Auditor General, the Office of Program Policy Analysis and
625	Government Accountability, and the Public Counsel, shall submit
626	their budget requests and operating budgets to the President of
627	the Senate and the Speaker of the House of Representatives for
628	prior written approval by the presiding officers acting
629	together.
630	(5)  The committee may receive requests for audits and
631	reviews from legislators. Staff of the committee shall review
632	each request and make a recommendation to the committee
633	concerning its disposition. The manner of disposition
634	recommended may be:
635	(a)  Assignment to the Auditor General for inclusion in a
636	regularly scheduled agency audit;
637	(b)  Assignment to the Auditor General for special audit or
638	review;
639	(c)  Assignment to the Office of Program Policy Analysis
640	and Government Accountability for inclusion in a regularly
641	scheduled performance audit;
642	(d)  Assignment to the Office of Program Policy Analysis
643	and Government Accountability for special audit or review;
644	(e)  Assignment to committee staff; or
645	(f)  Rejection as being an unnecessary or inappropriate
646	application of legislative resources.
647	(6)  The committee may at any time, without regard to
648	whether the Legislature is in session, take under investigation
649	any matter within the scope of an audit either completed or then
650	being conducted by the Auditor General or the Office of Program
651	Policy Analysis and Government Accountability, and in connection
652	with such investigation may exercise the powers of subpoena by
653	law vested in a standing committee of the Legislature.
654	(7)  The committee shall review the performance of the
655	director of the Office of Program Policy Analysis and Government
656	Accountability every 4 years and shall submit a report to the
657	Legislature recommending whether the director should be
658	reappointed. A vacancy in the office must be filled in the same
659	manner as the original appointment.
660	JOINT RULE FIVE
661	AUDITOR GENERAL
662	5.1--Rulemaking authority
663	The Auditor General shall make and enforce reasonable rules
664	and regulations necessary to facilitate audits that he or she is
665	authorized to perform.
666	5.2--Budget and accounting
667	(1)  The Auditor General shall prepare and submit annually
668	to the President of the Senate and the Speaker of the House of
669	Representatives for their joint approval a proposed budget for
670	the ensuing fiscal year.
671	(2)  Within the limitations of the approved operating
672	budget, the salaries and expenses of the Auditor General and the
673	staff of the Auditor General shall be paid from the
674	appropriation for legislative expense or any other moneys
675	appropriated by the Legislature for that purpose. The Auditor
676	General shall approve all bills for salaries and expenses for
677	his or her staff before the same shall be paid.
678	5.3--Audit report distribution
679	(1)  A copy of each audit report shall be submitted to the
680	Governor, to the Comptroller, and to the officer or person in
681	charge of the state agency or political subdivision audited. One
682	copy shall be filed as a permanent public record in the office
683	of the Auditor General. In the case of county reports, one copy
684	of the report of each county office, school district, or other
685	district audited shall be submitted to the board of county
686	commissioners of the county in which the audit was made and
687	shall be filed in the office of the clerk of the circuit court
688	of that county as a public record. When an audit is made of the
689	records of the district school board, a copy of the audit report
690	shall also be filed with the district school board, and
691	thereupon such report shall become a part of the public records
692	of such board.
693	(2)  A copy of each audit report shall be made available to
694	each member of the Legislative Auditing Committee.
695	(3)  The Auditor General shall transmit a copy of each
696	audit report to the appropriate substantive and fiscal
697	committees of the Senate and House of Representatives.
698	(4)  Other copies may be furnished to other persons who, as
699	in the opinion of the Auditor General, are directly interested
700	in the audit or who have a duty to perform in connection
701	therewith.
702	(5)  The Auditor General shall transmit to the President of
703	the Senate and the Speaker of the House of Representatives, by
704	December 1 of each year, a list of statutory and fiscal changes
705	recommended by audit reports. The recommendations shall be
706	presented in two categories: one addressing substantive law and
707	policy issues and the other addressing budget issues. The
708	Auditor General may also transmit recommendations at other times
709	of the year when the information would be timely and useful for
710	the Legislature.
711	JOINT RULE SIX
712	OFFICE OF PROGRAM POLICY
713	ANALYSIS AND GOVERNMENT ACCOUNTABILITY
714	6.1--Responsibilities of the director
715	(1)  The director may adopt and enforce reasonable rules
716	necessary to facilitate the studies, reviews, and reports that
717	the office is authorized to perform.
718	(2)  The director shall prepare and submit annually to the
719	President of the Senate and the Speaker of the House of
720	Representatives for their joint approval the annual projected
721	work plan of the office in conjunction with a proposed operating
722	budget for the ensuing fiscal year.
723	(3)  Within the monetary limitations of the approved
724	operating budget, the salaries and expenses of the director and
725	the staff of the Office of Program Policy Analysis and
726	Government Accountability shall be paid from the appropriation
727	for legislative expense or any other moneys appropriated by the
728	Legislature for that purpose. The director shall approve all
729	bills for salaries and expenses before the same shall be paid.
730	(4)  Within the monetary limitations of the approved
731	operating budget, the director shall make all spending
732	decisions, including entering into contracts on behalf of the
733	Office of Program Policy Analysis and Government Accountability.
734	(5)  The director shall transmit to the President of the
735	Senate and the Speaker of the House of Representatives, by
736	December 1 of each year, a list of statutory and fiscal changes
737	recommended by office reports. The recommendations shall be
738	presented in two categories: one addressing substantive law and
739	policy issues and the other addressing budget issues. The
740	director may also transmit recommendations at other times of the
741	year when the information would be timely and useful for the
742	Legislature.
743	JOINT RULE SEVEN
744	JOINT LEGISLATIVE BUDGET COMMISSION
745	7.1--General Responsibilities
746	(1)  The commission, as provided in chapter 216, Florida
747	Statutes, shall receive and review notices of budget and
748	personnel actions and proposed actions taken or to be taken by
749	the executive and judicial branches and shall approve or
750	disapprove such actions.
751	(2)  Through the chairperson chairman, the commission shall
752	advise the Governor and the Chief Justice of actions or proposed
753	actions that exceed delegated authority or that are contrary to
754	legislative policy and intent.
755	(3)  To the extent possible, the commission shall inform
756	members of the Legislature of budget amendments requested by the
757	executive or judicial branches.
758	(4)  The commission shall consult with the Chief Financial
759	Officer Comptroller and the Executive Office of the Governor on
760	matters as required by chapter 216, Florida Statutes.
761	(5)  The President of the Senate and the Speaker of the
762	House of Representatives may jointly assign other
763	responsibilities to the commission in addition to those assigned
764	by law.
765	(6)  The commission shall develop policies and procedures
766	necessary to carry out its assigned responsibilities.
767	(7)  The commission, with the approval of the President of
768	the Senate and the Speaker of the House of Representatives, may
769	appoint subcommittees as necessary to facilitate its work.
770	7.2--Zero-based Budgeting
771	(1)  The commission shall develop a schedule and apply
772	zero-based budgeting principles in reviewing the budget of each
773	state agency at least once every 8 years.
774	(2)  By July 1 of each year, the commission shall issue
775	instructions to the agencies whose budgets are to be reviewed
776	prior to the next legislative session.
777	(3)  The commission shall provide these reviews to the
778	President of the Senate and the Speaker of the House of
779	Representatives by December 31 of the year in which they are
780	completed.
781	(4)  By February 1, 2001, the commission shall provide to
782	the President of the Senate and the Speaker of the House of
783	Representatives a schedule for completing zero-based budgeting
784	reviews of all state agencies prior to December 31, 2008.
785	7.2 7.3--Organizational Structure
786	(1)  The commission shall be composed of seven members of
787	the Senate appointed by the President of the Senate and seven
788	members of the House of Representatives appointed by the Speaker
789	of the House of Representatives. The appointees shall include
790	the chairman of the Fiscal Responsibility Council in the House
791	of Representatives and the chairman of the Committee on
792	Appropriations in the Senate.
793	(2)  The members of the commission shall elect a chairman
794	and a vice chairman. In even-numbered years, a Senator shall be
795	chairman and a House member vice chairman. In odd-numbered
796	years, a House member shall be chairman and a Senator vice
797	chairman.
798	(3)  The commission shall meet at least quarterly and more
799	frequently at the direction of the presiding officers or the
800	chairman. Meetings may be conducted through teleconferences or
801	other electronic means.
802	(4)  A quorum shall consist of a majority of the commission
803	members of each house plus one additional member of the
804	commission.
805	(5)  Action by the commission shall require a majority vote
806	of the members present of each house.
807	(2)(6)  The commission shall be jointly staffed by the
808	appropriations committees of both houses. During even-numbered
809	years, The Senate shall provide the lead staff when the
810	chairperson is a Senator. During odd-numbered years, The House
811	of Representatives shall provide the lead staff when the
812	chairperson is a Representative.
813	7.3 7.4--Notice of Commission Meetings
814	Not less than 7 days prior to a meeting of the commission,
815	a notice of the meeting, stating the items to be considered,
816	date, time, and place, shall be filed with the Secretary of the
817	Senate when the chairperson chairman is a Senator or with the
818	Chief Clerk of the House of Representatives when the chairperson
819	chairman is a Representative. The Secretary or the Chief Clerk
820	shall distribute notice to the Legislature and the public,
821	consistent with the rules and policies of their respective
822	houses.
823	7.4--Effect of Adoption; Intent
824	This Joint Rule Seven replaces all prior joint rules
825	governing the Joint Legislative Budget Commission and is
826	intended to implement constitutional provisions relating to the
827	Joint Legislative Budget Commission existing as of the date of
828	the rule's adoption.
829	JOINT RULE EIGHT
830	CONTINUING EXISTENCE OF JOINT RULES
831	8.1--Continuing Existence of Joint Rules
832	All joint rules adopted by concurrent resolution, and
833	amendments thereto, shall continue in effect from session to
834	session or Legislature to Legislature until repealed by
835	concurrent resolution.

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