Florida Senate - 2011 SCR 1202
By Senator Thrasher
8-01918-11 20111202__
1 Senate Concurrent Resolution
2 A concurrent resolution establishing the Joint Rules
3 of the Florida Legislature for the 2010-2012 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 2010-2012 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 Division
19 of Legislative Information Services of the Office of Legislative
20 Services. Registration is required for each principal
21 represented.
22 (2) As used in Joint Rule One, unless the context otherwise
23 requires, the term:
24 (a) “Compensation” means payment, distribution, loan,
25 advance, reimbursement, deposit, salary, fee, retainer, or
26 anything of value provided or owed to a lobbying firm, directly
27 or indirectly, by a principal for any lobbying activity.
28 (b) “Division” means the Division of Legislative
29 Information Services within the Office of Legislative Services.
30 (c) “Legislative action” means introduction, sponsorship,
31 testimony, debate, voting, or any other official action on any
32 measure, resolution, amendment, nomination, appointment, or
33 report of, or any matter that may be the subject of action by,
34 either house of the Legislature or any committee thereof.
35 (d) “Lobby” or “lobbying” means influencing or attempting
36 to influence legislative action or nonaction through oral or
37 written communication or an attempt to obtain the goodwill of a
38 member or employee of the Legislature.
39 (e) “Lobbying firm” means any business entity, including an
40 individual contract lobbyist, that receives or becomes entitled
41 to receive any compensation for the purpose of lobbying and
42 where any partner, owner, officer, or employee of the business
43 entity is a lobbyist. “Lobbying firm” does not include an entity
44 that has employees who are lobbyists if the entity does not
45 derive compensation from principals for lobbying or if such
46 compensation is received exclusively from a subsidiary or
47 affiliate corporation of the employer. As used in this
48 paragraph, an affiliate corporation is a corporation that
49 directly or indirectly shares the same ultimate parent
50 corporation as the employer and does not receive compensation
51 for lobbying from any unaffiliated entity.
52 (f) “Lobbyist” means a person who is employed and receives
53 payment, or who contracts for economic consideration, for the
54 purpose of lobbying or a person who is principally employed for
55 governmental affairs by another person or governmental entity to
56 lobby on behalf of that other person or governmental entity. An
57 employee of the principal is not a “lobbyist” unless the
58 employee is principally employed for governmental affairs.
59 “Principally employed for governmental affairs” means that one
60 of the principal or most significant responsibilities of the
61 employee to the employer is overseeing the employer’s various
62 relationships with government or representing the employer in
63 its contacts with government. Any person employed by the
64 Governor, the Executive Office of the Governor, or any executive
65 or judicial department of the state or any community college of
66 the state who seeks to encourage the passage, defeat, or
67 modification of any legislation by personal appearance or
68 attendance before the House of Representatives or the Senate, or
69 any member or committee thereof, is a lobbyist.
70 (g) “Payment” or “salary” means wages or any other
71 consideration provided in exchange for services but does not
72 include reimbursement for expenses.
73 (h) “Principal” means the person, firm, corporation, or
74 other entity that has employed or retained a lobbyist. When an
75 association has employed or retained a lobbyist, the association
76 is the principal; the individual members of the association are
77 not principals merely because of their membership in the
78 association.
79 (i) “Unusual circumstances,” with respect to any failure of
80 a person to satisfy a filing requirement, means uncommon, rare,
81 or sudden events over which the person has no control and which
82 directly result in the failure to satisfy the filing
83 requirement.
84 (3) For purposes of this rule, the terms “lobby” and
85 “lobbying” do not include any of the following:
86 (a) Response to an inquiry for information made by any
87 member, committee, or staff of the Legislature.
88 (b) An appearance in response to a legislative subpoena.
89 (c) Advice or services that arise out of a contractual
90 obligation with the Legislature, a member, a committee, any
91 staff, or any legislative entity to render the advice or
92 services where such obligation is fulfilled through the use of
93 public funds.
94 (d) Representation of a client before the House of
95 Representatives or the Senate, or any member or committee
96 thereof, when the client is subject to disciplinary action by
97 the House of Representatives or the Senate, or any member or
98 committee thereof.
99 (4) For purposes of registration and reporting, the term
100 “lobbyist” does not include any of the following:
101 (a) A member of the Legislature.
102 (b) A person who is employed by the Legislature.
103 (c) A judge who is acting in that judge’s official
104 capacity.
105 (d) A person who is a state officer holding elective office
106 or an officer of a political subdivision of the state holding
107 elective office and who is acting in that officer’s official
108 capacity.
109 (e) A person who appears as a witness or for the purpose of
110 providing information at the written request of the chair of a
111 committee, subcommittee, or legislative delegation.
112 (f) A person employed by any executive or judicial
113 department of the state or any community college of the state
114 who makes a personal appearance or attendance before the House
115 of Representatives or the Senate, or any member or committee
116 thereof, while that person is on approved leave or outside
117 normal working hours and who does not otherwise meet the
118 definition of lobbyist.
119 (5) When a person, regardless of whether the person is
120 registered as a lobbyist, appears before a committee of the
121 Legislature, that person must submit a Committee Appearance
122 Record as required by the respective house.
123 (6) The responsibilities of the division and of the
124 Lobbyist Registration Office under Joint Rule One may be
125 assigned to another entity by agreement of the President of the
126 Senate and the Speaker of the House of Representatives for a
127 contract period not to extend beyond December 1 following the
128 Organization Session of the next biennium, provided that the
129 powers and duties of the President, the Speaker, the General
130 Counsel of the Office of Legislative Services, and any
131 legislative committee referenced in Joint Rule One may not be
132 delegated.
133
134 1.2—Method of Registration
135 (1) Each person who is required to register must register
136 on forms furnished by the Lobbyist Registration Office, on which
137 that person must state, under oath, that person’s full legal
138 name, business address, and telephone number, the name and
139 business address of each principal that person represents, and
140 the extent of any direct business association or partnership
141 that person has with any member of the Legislature. In addition,
142 if the lobbyist is a partner, owner, officer, or employee of a
143 lobbying firm, the lobbyist must state the name, address, and
144 telephone number of each lobbying firm to which the lobbyist
145 belongs. The Lobbyist Registration Office or its designee is
146 authorized to acknowledge the oath of any person who registers
147 in person. Any changes to the information provided in the
148 registration form must be reported to the Lobbyist Registration
149 Office in writing within 15 days on forms furnished by the
150 Lobbyist Registration Office.
151 (2) Any person required to register must do so with respect
152 to each principal prior to commencement of lobbying on behalf of
153 that principal. At the time of registration, the registrant
154 shall provide a statement on a form provided by the Lobbyist
155 Registration Office, signed by the principal or principal’s
156 representative, that the registrant is authorized to represent
157 the principal. On the authorization statement, the principal or
158 principal’s representative shall also identify and designate the
159 principal’s main business pursuant to a classification system
160 approved by the Office of Legislative Services that shall be the
161 North American Industry Classification System (NAICS) six-digit
162 numerical code that most accurately describes the principal’s
163 main business.
164 (3) Any person required to register must renew the
165 registration annually for each calendar year.
166 (4) A lobbyist shall promptly send a notice to the Lobbyist
167 Registration Office, on forms furnished by the Lobbyist
168 Registration Office, canceling the registration for a principal
169 upon termination of the lobbyist’s representation of that
170 principal. A notice of cancellation takes effect the day it is
171 received by the Lobbyist Registration Office. Notwithstanding
172 this requirement, the Lobbyist Registration Office may remove
173 the name of a lobbyist from the list of registered lobbyists if
174 the principal notifies the Lobbyist Registration Office that the
175 lobbyist is no longer authorized to represent that principal.
176 (5) The Lobbyist Registration Office shall retain all
177 original registration documents submitted under this rule.
178 (6) A person who is required to register under Joint Rule
179 One, or who chooses to register, shall be considered a lobbyist
180 of the Legislature for the purposes of ss. 11.045, 112.3148, and
181 112.3149, Florida Statutes.
182
183 1.3—Registration Costs; Exemptions
184 (1) To cover the costs incurred in administering Joint Rule
185 One, each person who registers under Joint Rule 1.1 must pay an
186 annual registration fee to the Lobbyist Registration Office. The
187 annual period runs from January 1 to December 31. These fees
188 must be paid at the time of registration.
189 (2) The following persons are exempt from paying the fee,
190 provided they are designated in writing by the agency head or
191 person designated in this subsection:
192 (a) Two employees of each department of the executive
193 branch created under chapter 20, Florida Statutes.
194 (b) Two employees of the Fish and Wildlife Conservation
195 Commission.
196 (c) Two employees of the Executive Office of the Governor.
197 (d) Two employees of the Commission on Ethics.
198 (e) Two employees of the Florida Public Service Commission.
199 (f) Two employees of the judicial branch designated in
200 writing by the Chief Justice of the Florida Supreme Court.
201 (3) The annual fee is up to $50 per each house for a person
202 to register to represent one principal and up to an additional
203 $10 per house for each additional principal that the person
204 registers to represent. The amount of each fee shall be
205 established annually by the President of the Senate and the
206 Speaker of the House of Representatives. The fees set shall be
207 adequate to ensure operation of the lobbyist registration and
208 reporting operations of the Lobbyist Registration Office. The
209 fees collected by the Lobbyist Registration Office under this
210 rule shall be deposited in the State Treasury and credited to
211 the Legislative Lobbyist Registration Trust Fund specifically to
212 cover the costs incurred in administering Joint Rule One.
213
214 1.4—Reporting of Lobbying Firm Compensation
215 (1)(a) Each lobbying firm shall file a compensation report
216 with the division for each calendar quarter during any portion
217 of which one or more of the firm’s lobbyists were registered to
218 represent a principal. The report shall include the:
219 1. Full name, business address, and telephone number of the
220 lobbying firm;
221 2. Registration name of each of the firm’s lobbyists; and
222 3. Total compensation provided or owed to the lobbying firm
223 from all principals for the reporting period, reported in one of
224 the following categories: $0; $1 to $49,999; $50,000 to $99,999;
225 $100,000 to $249,999; $250,000 to $499,999; $500,000 to
226 $999,999; or $1 million or more.
227 (b) For each principal represented by one or more of the
228 firm’s lobbyists, the lobbying firm’s compensation report shall
229 also include the:
230 1. Full name, business address, and telephone number of the
231 principal; and
232 2. Total compensation provided or owed to the lobbying firm
233 for the reporting period, reported in one of the following
234 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
235 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
236 more. If the category “$50,000 or more” is selected, the
237 specific dollar amount of compensation must be reported, rounded
238 up or down to the nearest $1,000.
239 (c) If the lobbying firm subcontracts work from another
240 lobbying firm and not from the original principal:
241 1. The lobbying firm providing the work to be subcontracted
242 shall be treated as the reporting lobbying firm’s principal for
243 reporting purposes under this paragraph; and
244 2. The reporting lobbying firm shall, for each lobbying
245 firm identified as the reporting lobbying firm’s principal under
246 paragraph (b), identify the name and address of the principal
247 originating the lobbying work.
248 (d) The senior partner, officer, or owner of the lobbying
249 firm shall certify to the veracity and completeness of the
250 information submitted pursuant to this rule; certify that no
251 compensation has been omitted from this report by deeming such
252 compensation as “consulting services,” “media services,”
253 “professional services,” or anything other than compensation;
254 and certify that no officer or employee of the firm has made an
255 expenditure in violation of s. 11.045, Florida Statutes, as
256 amended by chapter 2005-359, Laws of Florida.
257 (2) For each principal represented by more than one
258 lobbying firm, the division shall aggregate the reporting-period
259 and calendar-year compensation reported as provided or owed by
260 the principal. Compensation reported within a category shall be
261 aggregated as follows:
262 Category (dollars) Dollar amount to use aggregating
263 0 0
264 1-9,999 5,000
265 10,000-19,999 15,000
266 20,000-29,999 25,000
267 30,000–39,999 35,000
268 40,000-49,999 45,000
269 50,000 or more Actual amount reported
270 (3) The reporting statements shall be filed no later than
271 45 days after the end of each reporting period. The four
272 reporting periods are from January 1 through March 31, April 1
273 through June 30, July 1 through September 30, and October 1
274 through December 31, respectively. The statements shall be
275 rendered in the identical form provided by the respective houses
276 and shall be open to public inspection. Reporting statements
277 shall be filed by electronic means through the electronic filing
278 system developed by the division, conforming to subsection (4).
279 (4) The electronic filing system for compensation reporting
280 shall include the following:
281 (a) As used in this rule, the term “electronic filing
282 system” means an Internet system for recording and reporting
283 lobbying compensation and other required information by
284 reporting period.
285 (b) A report filed pursuant to this rule must be completed
286 and filed through the electronic filing system not later than
287 11:59 p.m. of the day designated in subsection (3). A report not
288 filed by 11:59 p.m. of the day designated is a late-filed report
289 and is subject to the penalties under Joint Rule 1.5(1).
290 (c) Each person given secure sign-on credentials to file
291 via the electronic filing system is responsible for protecting
292 the credentials from disclosure and is responsible for all
293 filings made by use of such credentials, unless and until the
294 division is notified that the person’s credentials have been
295 compromised. Each report filed by electronic means pursuant to
296 this rule shall be deemed certified in accordance with paragraph
297 (1)(d) by the person given the secure sign-on credentials and,
298 as such, subjects the person and the lobbying firm to the
299 provisions of s. 11.045(8), Florida Statutes, as well as any
300 discipline provided under the rules of the Senate or House of
301 Representatives.
302 (d) The electronic filing system shall:
303 1. Be based on access by means of the Internet.
304 2. Be accessible by anyone with Internet access using
305 standard web-browsing software.
306 3. Provide for direct entry of compensation-report
307 information as well as upload of such information from software
308 authorized by the division.
309 4. Provide a method that prevents unauthorized access to
310 electronic filing system functions.
311 5. Provide for the issuance of an electronic receipt to the
312 person submitting the report indicating and verifying the date
313 and time that the report was filed.
314 (5) The division shall provide reasonable public notice of
315 the electronic filing procedures and of any significant changes
316 in such procedures. If, whenever they deem it necessary, the
317 President of the Senate and the Speaker of the House of
318 Representatives jointly declare the electronic system not to be
319 operable, the reports shall be filed in the manner required
320 prior to April 1, 2007, as provided by House Concurrent
321 Resolution 7011 (2007), enrolled, unless the President of the
322 Senate and the Speaker of the House of Representatives direct
323 use of an alternate means of reporting. The division shall
324 develop and maintain such alternative means as may be
325 practicable. Public notice of changes in filing procedures and
326 any declaration or direction of the President of the Senate and
327 the Speaker of the House of Representatives may be provided by
328 publication for a continuous period of reasonable time on one or
329 more Internet websites maintained by the Senate and the House of
330 Representatives.
331
332 1.5—Failure to File Timely Compensation Report; Notice and
333 Assessment of Fines; Appeals
334 (1) Upon determining that the report is late, the person
335 designated to review the timeliness of reports shall immediately
336 notify the lobbying firm as to the failure to timely file the
337 report and that a fine is being assessed for each late day. The
338 fine shall be $50 per day per report for each late day, not to
339 exceed $5,000 per report.
340 (2) Upon receipt of the report, the person designated to
341 review the timeliness of reports shall determine the amount of
342 the fine based on when the report is actually received by the
343 division or when the electronic receipt issued by the electronic
344 filing system is dated, whichever is earlier.
345 (3) Such fine shall be paid within 30 days after the notice
346 of payment due is transmitted by the person designated to review
347 the timeliness of reports, unless appeal is made to the
348 division. The moneys shall be deposited into the Legislative
349 Lobbyist Registration Trust Fund.
350 (4) A fine shall not be assessed against a lobbying firm
351 the first time the report for which the lobbying firm is
352 responsible is not timely filed. However, to receive the one
353 time fine waiver, the report for which the lobbying firm is
354 responsible must be filed within 30 days after notice that the
355 report has not been timely filed is transmitted by the person
356 designated to review the timeliness of reports. A fine shall be
357 assessed for any subsequent late-filed reports.
358 (5) Any lobbying firm may appeal or dispute a fine, based
359 upon unusual circumstances surrounding the failure to file on
360 the designated due date, and may request and shall be entitled
361 to a hearing before the General Counsel of the Office of
362 Legislative Services, who shall recommend to the President of
363 the Senate and the Speaker of the House of Representatives, or
364 their respective designees, that the fine be waived in whole or
365 in part for good cause shown. The President of the Senate and
366 the Speaker of the House of Representatives, or their respective
367 designees, may by joint agreement concur in the recommendation
368 and waive the fine in whole or in part. Any such request shall
369 be made within 30 days after the notice of payment due is
370 transmitted by the person designated to review the timeliness of
371 reports. In such case, the lobbying firm shall, within the 30
372 day period, notify the person designated to review the
373 timeliness of reports in writing of his or her intention to
374 request a hearing.
375 (6) A lobbying firm may request that the filing of a report
376 be waived upon good cause shown, based on unusual circumstances.
377 The request must be filed with the General Counsel of the Office
378 of Legislative Services, who shall make a recommendation
379 concerning the waiver request to the President of the Senate and
380 the Speaker of the House of Representatives. The President of
381 the Senate and the Speaker of the House of Representatives may,
382 by joint agreement, grant or deny the request.
383 (7)(a) All lobbyist registrations for lobbyists who are
384 partners, owners, officers, or employees of a lobbying firm that
385 fails to timely pay a fine are automatically suspended until the
386 fine is paid or waived and all late reports have been filed or
387 waived. The division shall promptly notify all affected
388 principals, the President of the Senate, and the Speaker of the
389 House of Representatives of any suspension or reinstatement. All
390 lobbyists who are partners, owners, officers, or employees of a
391 lobbying firm are jointly and severally liable for any
392 outstanding fine owed by a lobbying firm.
393 (b) No such lobbyist may be reinstated in any capacity
394 representing any principal until the fine is paid and all late
395 reports have been filed or waived or until the fine is waived as
396 to that lobbyist and all late reports for that lobbyist have
397 been filed or waived. A suspended lobbyist may request a waiver
398 upon good cause shown, based on unusual circumstances. The
399 request must be filed with the General Counsel of the Office of
400 Legislative Services who shall, as soon as practicable, make a
401 recommendation concerning the waiver request to the President of
402 the Senate and the Speaker of the House of Representatives. The
403 President of the Senate and the Speaker of the House of
404 Representatives may, by joint agreement, grant or deny the
405 request.
406 (8) The person designated to review the timeliness of
407 reports shall notify the director of the division of the failure
408 of a lobbying firm to file a report after notice or of the
409 failure of a lobbying firm to pay the fine imposed.
410
411 1.6—Open Records; Internet Publication of Registrations and
412 Compensation Reports
413 (1) All of the lobbyist registration forms and compensation
414 reports received by the Lobbyist Registration Office shall be
415 available for public inspection and for duplication at
416 reasonable cost.
417 (2) The division shall make information filed pursuant to
418 Joint Rules 1.2 and 1.4 reasonably available on the Internet in
419 an easily understandable and accessible format. The Internet
420 website shall include, but not be limited to, the names and
421 business addresses of lobbyists, lobbying firms, and principals,
422 the affiliations between lobbyists and principals, and the
423 classification system designated and identified with respect to
424 principals pursuant to Joint Rule 1.2.
425
426 1.7—Records Retention and Inspection and Complaint Procedure
427 (1) Each lobbying firm and each principal shall preserve
428 for a period of 4 years all accounts, bills, receipts, computer
429 records, books, papers, and other documents and records
430 necessary to substantiate compensation reports.
431 (2) Upon receipt of a complaint based upon the personal
432 knowledge of the complainant made pursuant to the Senate Rules
433 or Rules of the House of Representatives, any such documents and
434 records may be inspected when authorized by the President of the
435 Senate or the Speaker of the House of Representatives, as
436 applicable. The person authorized to perform the inspection
437 shall be designated in writing and shall be a member of The
438 Florida Bar or a certified public accountant licensed in
439 Florida. Any information obtained by such an inspection may only
440 be used for purposes authorized by law, this Joint Rule One,
441 Senate Rules, or Rules of the House of Representatives, which
442 purposes may include the imposition of sanctions against a
443 person subject to Joint Rule One, the Senate Rules, or the Rules
444 of the House of Representatives. Any employee who uses that
445 information for an unauthorized purpose is subject to
446 discipline. Any member who uses that information for an
447 unauthorized purpose is subject to discipline under the
448 applicable rules of each house.
449 (3) The right of inspection may be enforced by appropriate
450 writ issued by any court of competent jurisdiction.
451
452 1.8—Questions Regarding Interpretation of this Joint Rule One
453 (1) A person may request in writing an informal opinion
454 from the General Counsel of the Office of Legislative Services
455 as to the application of this Joint Rule One to a specific
456 situation involving that person’s conduct. The General Counsel
457 shall issue the opinion within 10 days after receiving the
458 request. The informal opinion may be relied upon by the person
459 who requested the informal opinion. A copy of each informal
460 opinion that is issued shall be provided to the presiding
461 officer of each house. A committee of either house designated
462 pursuant to s. 11.045(5), Florida Statutes, may revise any
463 informal opinion rendered by the General Counsel through an
464 advisory opinion to the person who requested the informal
465 opinion. The advisory opinion shall supersede the informal
466 opinion as of the date the advisory opinion is issued.
467 (2) A person in doubt about the applicability or
468 interpretation of this Joint Rule One with respect to that
469 person’s conduct may submit in writing the facts for an advisory
470 opinion to the committee of either house designated pursuant to
471 section 11.045(5), Florida Statutes, and may appear in person
472 before the committee in accordance with s. 11.045(5), Florida
473 Statutes.
474
475 1.9—Effect of Readoption and Revision
476 All obligations existing under Joint Rule One as of the last day
477 of the previous legislative biennium are hereby ratified,
478 preserved, and reimposed pursuant to the terms thereof as of
479 that date. The provisions of Joint Rule One are imposed
480 retroactively to the first day of the present legislative
481 biennium except that provisions new to this revision are
482 effective on the date of adoption or as otherwise expressly
483 provided herein.
484
485 Joint Rule Two—General Appropriations Review Period
486
487 2.1—General Appropriations and Related Bills; Review Periods
488 (1) A general appropriations bill shall be subject to a 72
489 hour public review period before a vote is taken on final
490 passage of the bill in the form that will be presented to the
491 Governor.
492 (2) If a bill is returned to the house in which the bill
493 originated and the originating house does not concur in all the
494 amendments or adds additional amendments, no further action
495 shall be taken on the bill by the nonoriginating house, and a
496 conference committee shall be established by operation of this
497 rule to consider the bill.
498 (3) If a bill is referred to a conference committee by
499 operation of this rule, a 72-hour public review period shall be
500 provided prior to a vote being taken on the conference committee
501 report by either house.
502 (4) A copy of the bill, a copy of the bill with amendments
503 adopted by the nonoriginating house, or the conference committee
504 report shall be furnished to each member of the Legislature, the
505 Governor, the Chief Justice of the Supreme Court, and each
506 member of the Cabinet. Copies for the Governor, Chief Justice,
507 and members of the Cabinet shall be furnished to the official’s
508 office in the Capitol or Supreme Court Building.
509 (5)(a) Copies required to be furnished under subsection (4)
510 shall be furnished to members of the Legislature as follows:
511 1. A printed copy may be placed on each member’s desk in
512 the appropriate chamber; or
513 2. An electronic copy may be furnished to each member. The
514 Legislature hereby deems and determines that a copy shall have
515 been furnished to the members of the Legislature when an
516 electronic copy is made available to every member of the
517 Legislature. An electronic copy is deemed to have been made
518 available when it is accessible via the Internet or other
519 information network consisting of systems ordinarily serving the
520 members of the Senate or the House of Representatives.
521 (b) An official other than a member of the Legislature who
522 is to be furnished a copy of a general appropriations bill under
523 subsection (4) may officially request that an electronic copy of
524 the bill be furnished in lieu of a printed copy, and, if
525 practicable, the copy may be furnished to the official in the
526 manner requested.
527 (6) The Secretary of the Senate shall be responsible for
528 furnishing copies under this rule for Senate bills, House bills
529 as amended by the Senate, and conference committee reports on
530 Senate bills. The Clerk of the House shall be responsible for
531 furnishing copies under this rule for House bills, Senate bills
532 as amended by the House, and conference committee reports on
533 House bills.
534 (7) The 72-hour public review period shall begin to run
535 upon completion of the furnishing of copies required to be
536 furnished under subsection (4). The Speaker of the House of
537 Representatives and the President of the Senate, as appropriate,
538 shall be informed of the completion time, and such time shall be
539 announced on the floor prior to vote on final passage in each
540 house and shall be entered in the journal of each house.
541 Saturdays, Sundays, and holidays shall be included in the
542 computation under this rule.
543 (8) An implementing or conforming bill recommended by a
544 conference committee shall be subject to a 24-hour public review
545 period before a vote is taken on the conference committee report
546 by either house, if the conference committee submits its report
547 after the furnishing of a general appropriations bill to which
548 the 72-hour public review period applies.
549 (9) With respect to each bill that may be affected, a
550 member of the Senate or the House of Representatives may not
551 raise a point of order under this rule after a vote is taken on
552 the bill. Except as may be required by the Florida Constitution,
553 noncompliance with any requirement of this rule may be waived by
554 a two-thirds vote of those members present and voting in each
555 house.
556
557 2.2—General Appropriations and Related Bills; Definitions
558 As used in Joint Rule Two, the term:
559 (1) “Conforming bill” means a bill that amends the Florida
560 Statutes to conform to a general appropriations bill.
561 (2) “General appropriations bill” means a bill that
562 provides for the salaries of public officers and other current
563 expenses of the state and contains no subject other than
564 appropriations. A bill that contains appropriations that are
565 incidental and necessary solely to implement a substantive law
566 is not included within this term. For the purposes of Joint Rule
567 Two and Section 19(d) of Article III of the Florida
568 Constitution, the Legislature hereby determines that, after a
569 general appropriations bill has been enacted and establishes
570 governing law for a particular fiscal year, a bill considered in
571 any subsequent session that makes net reductions in such enacted
572 appropriations or that makes supplemental appropriations shall
573 not be deemed to be a general appropriations bill unless such
574 bill provides for the salaries of public officers and other
575 current expenses of the state for a subsequent fiscal year.
576 (3) “Implementing bill” means a bill, effective for one
577 fiscal year, implementing a general appropriations bill.
578
579 Joint Rule Three—Joint Offices and Policies
580
581 3.1—Joint Legislative Offices
582 (1) The following offices of the Legislature are
583 established:
584 (a) Office of Economic and Demographic Research.
585 (b) Office of Legislative Information Technology Services.
586 (c) Office of Legislative Services.
587 (d) Office of Program Policy Analysis and Government
588 Accountability.
589 (2) Offices established under this rule shall provide
590 support services to the Legislature that are determined by the
591 President of the Senate and the Speaker of the House of
592 Representatives to be necessary and that can be effectively
593 provided jointly to both houses and other units of the
594 Legislature. Each office shall be directed by a coordinator
595 selected by and serving at the pleasure of the President of the
596 Senate and the Speaker of the House of Representatives. Upon the
597 initial adoption of these joint rules in a biennium, each
598 coordinator position shall be deemed vacant until an appointment
599 is made.
600 (3) Within the monetary limitations of the approved
601 operating budget, the salaries and expenses of the coordinator
602 and the staff of each office shall be governed by joint
603 policies.
604 (4) The Office of Legislative Services shall provide
605 legislative support services other than those prescribed in
606 subsections (5)-(7). The Division of Statutory Revision and the
607 Division of Legislative Information shall be two of the
608 divisions within the Office of Legislative Services.
609 (5) The Office of Legislative Information Technology
610 Services shall provide support services to assist the
611 Legislature in achieving its objectives through the application
612 of cost-effective information technology.
613 (6) The Office of Economic and Demographic Research shall
614 provide research support services, principally regarding
615 forecasting economic and social trends that affect policymaking,
616 revenues, and appropriations.
617 (7) The Office of Program Policy Analysis and Government
618 Accountability shall:
619 (a) Perform independent examinations, program reviews, and
620 other projects as provided by general law, as provided by
621 concurrent resolution, as directed by the Legislative Auditing
622 Committee, or as directed by the President of the Senate or the
623 Speaker of the House and shall provide recommendations,
624 training, or other services to assist the Legislature.
625 (b) Transmit to the President of the Senate and the Speaker
626 of the House of Representatives, by December 1 of each year, a
627 list of statutory and fiscal changes recommended by office
628 reports. The recommendations shall be presented in two
629 categories: one addressing substantive law and policy issues and
630 the other addressing budget issues.
631
632 3.2—Joint Policies
633 (1) The President of the Senate and the Speaker of the
634 House of Representatives shall jointly adopt policies they
635 consider advisable to carry out the functions of the
636 Legislature. Such policies shall be binding on all employees of
637 joint offices and joint committees.
638 (2) The employees of all joint committees and joint
639 legislative offices shall be under the exclusive control of the
640 Legislature. No officer or agency in the executive or judicial
641 branch shall exercise any manner of control over legislative
642 employees with respect to the exercise of their duties or the
643 terms and conditions of their employment.
644
645 Joint Rule Four—Joint Committees
646
647 4.1—Standing Joint Committees
648 (1) The following standing joint committees are
649 established:
650 (a) Administrative Procedures Committee.
651 (b) Committee on Public Counsel Oversight.
652 (c) Legislative Auditing Committee.
653 (2) No other joint committee shall exist except as agreed
654 to by the presiding officers or by concurrent resolution
655 approved by the Senate and the House of Representatives.
656 (3) Appointments to each standing joint committee shall be
657 made or altered and vacancies shall be filled by the Senate and
658 the House of Representatives in accordance with their respective
659 rules. There shall be appointed to each standing joint committee
660 no fewer than five and no more than seven members from each
661 house.
662 (4)(a) The President of the Senate shall appoint a member
663 of the Senate to serve as the chair, and the Speaker of the
664 House of Representatives shall appoint a member of the House of
665 Representatives to serve as the vice chair for:
666 1. The Legislative Auditing Committee and the Committee on
667 Public Counsel Oversight, for the period from the Organization
668 Session until noon on December 1 of the calendar year following
669 the general election.
670 2. The Administrative Procedures Committee for the period
671 from noon on December 1 of the calendar year following the
672 general election until the next general election.
673 (b) The Speaker of the House of Representatives shall
674 appoint a member of the House of Representatives to serve as the
675 chair, and the President of the Senate shall appoint a member of
676 the Senate to serve as the vice chair for:
677 1. The Legislative Auditing Committee and the Committee on
678 Public Counsel Oversight, for the period from noon on December 1
679 of the calendar year following the general election until the
680 next general election.
681 2. The Administrative Procedures Committee for the period
682 from the Organization Session until noon on December 1 of the
683 calendar year following the general election.
684 (c) A vacancy in an appointed chair or vice chair shall be
685 filled in the same manner as the original appointment.
686
687 4.2—Procedures in Joint Committees
688 The following rules shall govern procedures in joint committees
689 other than conference committees:
690 (1) A quorum for a joint committee shall be a majority of
691 the appointees of each house. No business of any type may be
692 conducted in the absence of a quorum.
693 (2)(a) Joint committees shall meet only within the dates,
694 times, and locations authorized by both the President of the
695 Senate and the Speaker of the House of Representatives.
696 (b) Joint committee meetings shall meet at the call of the
697 chair. In the absence of the chair, the vice chair shall assume
698 the duty to convene and preside over meetings and such other
699 duties as provided by law or joint rule. During a meeting
700 properly convened, the presiding chair may temporarily assign
701 the duty to preside at that meeting to another joint committee
702 member until the assignment is relinquished or revoked.
703 (c) Before any joint committee may hold a meeting, a notice
704 of such meeting shall be provided to the Secretary of the Senate
705 and the Clerk of the House of Representatives no later than 4:30
706 p.m. of the 7th day before the meeting. For purposes of
707 effecting notice to members of the house to which the chair does
708 not belong, notice to the Secretary of the Senate shall be
709 deemed notice to members of the Senate and notice to the Clerk
710 of the House shall be deemed notice to members of the House of
711 Representatives. Noticed meetings may be canceled by the chair
712 with the approval of at least one presiding officer.
713 (d) If a majority of its members from each house agree, a
714 joint committee may continue a properly noticed meeting after
715 the expiration of the time called for the meeting. However, a
716 joint committee may not meet beyond the time authorized by the
717 presiding officers without special leave granted by both
718 presiding officers.
719 (3) The presiding officers shall interpret, apply, and
720 enforce rules governing joint committees by agreement when the
721 rule at issue is a joint rule. Unless otherwise determined or
722 overruled by an agreement of the presiding officers, the chair
723 shall determine all questions of order arising in joint
724 committee meetings, but such determinations may be appealed to
725 the committee during the meeting.
726 (4) Each question, including any appeal of a ruling of the
727 chair, shall be decided by a majority vote of the members of the
728 joint committee of each house present and voting.
729
730 4.3—Powers of Joint Committees
731 (1) A joint committee may exercise the subpoena powers
732 vested by law in a standing committee of the Legislature. A
733 subpoena issued under this rule must be approved and signed by
734 the President of the Senate and the Speaker of the House of
735 Representatives and attested by the Secretary of the Senate and
736 the Clerk of the House.
737 (2) A joint committee may adopt rules of procedure that do
738 not conflict with the Florida Constitution or any law or joint
739 rule, subject to the joint approval of the President of the
740 Senate and the Speaker of the House of Representatives.
741 (3) A joint committee may not create subcommittees or
742 workgroups unless authorized by both presiding officers.
743
744 4.4—Administration of Joint Committees
745 (1) Within the monetary limitations of the approved
746 operating budget, the expenses of the members and the salaries
747 and expenses of the staff of each joint committee shall be
748 governed by joint policies adopted under Joint Rule 3.2. Within
749 such operating budget, the chair of each joint committee shall
750 approve all authorized member expenses.
751 (2) Subject to joint policies adopted under Joint Rule 3.2,
752 the presiding officers shall appoint and remove the staff
753 director and, if needed, a general counsel and any other staff
754 necessary to assist each joint committee. All joint committee
755 staff shall serve at the pleasure of the presiding officers.
756 Upon the initial adoption of these joint rules in a biennium,
757 each joint committee staff director position shall be deemed
758 vacant until an appointment is made.
759
760 4.5—Special Powers and Duties of the Legislative Auditing
761 Committee
762 (1) The Legislative Auditing Committee may direct the
763 Auditor General or the Office of Program Policy Analysis and
764 Government Accountability to conduct an audit, review, or
765 examination of any entity or record described in s. 11.45(2) or
766 (3), Florida Statutes.
767 (2) The Legislative Auditing Committee may receive requests
768 for audits and reviews from legislators and any audit request,
769 petition for audit, or other matter for investigation directed
770 or referred to it pursuant to general law. The committee may
771 make any appropriate disposition of such requests or referrals
772 and shall, within a reasonable time, report to the requesting
773 party the disposition of any audit request.
774 (3) The Legislative Auditing Committee may review the
775 performance of the Auditor General and report thereon to the
776 Senate and the House of Representatives.
777
778 4.6—Special Powers and Duties of the Administrative Procedures
779 Committee
780 The Administrative Procedures Committee shall:
781 (1) Maintain a continuous review of the statutory authority
782 on which each administrative rule is based and, whenever such
783 authority is eliminated or significantly changed by repeal,
784 amendment, holding by a court of last resort, or other factor,
785 advise the agency concerned of the fact.
786 (2) Maintain a continuous review of administrative rules
787 and identify and request an agency to repeal any rule or any
788 provision of any rule that reiterates or paraphrases any statute
789 or for which the statutory authority has been repealed.
790 (3) Review administrative rules and advise the agencies
791 concerned of its findings.
792 (4) Exercise the duties prescribed by chapter 120, Florida
793 Statutes, concerning the adoption and promulgation of rules.
794 (5) Generally review agency action pursuant to the
795 operation of chapter 120, Florida Statutes, the Administrative
796 Procedure Act.
797 (6) Report to the President of the Senate and the Speaker
798 of the House of Representatives at least annually, no later than
799 the first week of the regular session, and recommend needed
800 legislation or other appropriate action. Such report shall
801 include the number of objections voted by the committee, the
802 number of suspensions recommended by the committee, the number
803 of administrative determinations filed on the invalidity of a
804 proposed or existing rule, the number of petitions for judicial
805 review filed on the invalidity of a proposed or existing rule,
806 and the outcomes of such actions. Such report shall also include
807 any recommendations provided to the standing committees during
808 the preceding year under subsection (11).
809 (7) Consult regularly with legislative standing committees
810 that have jurisdiction over the subject areas addressed in
811 agency proposed rules regarding legislative authority for the
812 proposed rules and other matters relating to legislative
813 authority for agency action.
814 (8) Subject to the approval of the President of the Senate
815 and the Speaker of the House of Representatives, have standing
816 to seek judicial review, on behalf of the Legislature or the
817 citizens of this state, of the validity or invalidity of any
818 administrative rule to which the committee has voted an
819 objection and that has not been withdrawn, modified, repealed,
820 or amended to meet the objection. Judicial review under this
821 subsection may not be initiated until the Governor and the head
822 of the agency making the rule to which the committee has
823 objected have been notified of the committee’s proposed action
824 and have been given a reasonable opportunity, not to exceed 60
825 days, for consultation with the committee. The committee may
826 expend public funds from its appropriation for the purpose of
827 seeking judicial review.
828 (9) Maintain a continuous review of the administrative
829 rulemaking process, including a review of agency procedure and
830 of complaints based on such agency procedure.
831 (10) Establish measurement criteria to evaluate whether
832 agencies are complying with the delegation of legislative
833 authority in adopting and implementing rules.
834 (11) Maintain a continuous review of statutes that
835 authorize agencies to adopt rules and shall make recommendations
836 to the appropriate standing committees of the Senate and the
837 House of Representatives as to the advisability of considering
838 changes to the delegated legislative authority to adopt rules in
839 specific circumstances.
840
841 4.7—Special Powers and Duties of the Committee on Public Counsel
842 Oversight
843 (1) The Committee on Public Counsel Oversight shall appoint
844 a Public Counsel.
845 (2) The Committee on Public Counsel Oversight may file a
846 complaint with the Commission on Ethics alleging a violation of
847 chapter 350, Florida Statutes, by a current or former public
848 service commissioner, an employee of the Public Service
849 Commission, or a member of the Public Service Commission
850 Nominating Council.
851 (3) Notwithstanding Joint Rule 4.4(2), the Committee on
852 Public Counsel Oversight shall not have any permanent staff but
853 shall be served as needed by other legislative staff selected by
854 the President of the Senate and the Speaker of the House of
855 Representatives.
856
857 Joint Rule Five—Auditor General
858
859 5.1—Rulemaking Authority
860 The Auditor General shall make and enforce reasonable rules and
861 regulations necessary to facilitate audits that he or she is
862 authorized to perform.
863
864 5.2—Budget and Accounting
865 (1) The Auditor General shall prepare and submit annually
866 to the President of the Senate and the Speaker of the House of
867 Representatives for their joint approval a proposed budget for
868 the ensuing fiscal year.
869 (2) Within the limitations of the approved operating
870 budget, the salaries and expenses of the Auditor General and the
871 staff of the Auditor General shall be paid from the
872 appropriation for legislative expenses or any other moneys
873 appropriated by the Legislature for that purpose. The Auditor
874 General shall approve all bills for salaries and expenses for
875 his or her staff before the same shall be paid.
876
877 5.3—Audit Report Distribution
878 (1) A copy of each audit report shall be submitted to the
879 Governor, to the Chief Financial Officer, and to the officer or
880 person in charge of the state agency or political subdivision
881 audited. One copy shall be filed as a permanent public record in
882 the office of the Auditor General. In the case of county
883 reports, one copy of the report of each county office, school
884 district, or other district audited shall be submitted to the
885 board of county commissioners of the county in which the audit
886 was made and shall be filed in the office of the clerk of the
887 circuit court of that county as a public record. When an audit
888 is made of the records of the district school board, a copy of
889 the audit report shall also be filed with the district school
890 board, and thereupon such report shall become a part of the
891 public records of such board.
892 (2) A copy of each audit report shall be made available to
893 each member of the Legislative Auditing Committee.
894 (3) The Auditor General shall transmit a copy of each audit
895 report to the appropriate substantive and fiscal committees of
896 the Senate and House of Representatives.
897 (4) Other copies may be furnished to other persons who, in
898 the opinion of the Auditor General, are directly interested in
899 the audit or who have a duty to perform in connection therewith.
900 (5) The Auditor General shall transmit to the President of
901 the Senate and the Speaker of the House of Representatives, by
902 December 1 of each year, a list of statutory and fiscal changes
903 recommended by audit reports. The recommendations shall be
904 presented in two categories: one addressing substantive law and
905 policy issues and the other addressing budget issues. The
906 Auditor General may also transmit recommendations at other times
907 of the year when the information would be timely and useful for
908 the Legislature.
909 (6) A copy required to be provided under this rule may be
910 provided in an electronic or other digital format if the Auditor
911 General determines that the intended recipient has appropriate
912 resources to review the copy. Copies to members, committees, and
913 offices of the Legislature shall be provided in electronic
914 format as may be provided in joint policies adopted under Joint
915 Rule 3.2.
916
917 Joint Rule Six—Joint Legislative Budget Commission
918
919 6.1—General Responsibilities
920 (1) The commission, as provided in chapter 216, Florida
921 Statutes, shall receive and review notices of budget and
922 personnel actions taken or proposed to be taken by the executive
923 and judicial branches and shall approve or disapprove such
924 actions.
925 (2) Through its chair, the commission shall advise the
926 Governor and the Chief Justice of actions or proposed actions
927 that exceed delegated authority or that are contrary to
928 legislative policy and intent.
929 (3) To the extent possible, the commission shall inform
930 members of the Legislature of budget amendments requested by the
931 executive or judicial branches.
932 (4) The commission shall consult with the Chief Financial
933 Officer and the Executive Office of the Governor on matters as
934 required by chapter 216, Florida Statutes.
935 (5) The President of the Senate and the Speaker of the
936 House of Representatives may jointly assign other
937 responsibilities to the commission in addition to those assigned
938 by law.
939 (6) The commission shall develop policies and procedures
940 necessary to carry out its assigned responsibilities, subject to
941 the joint approval of the President of the Senate and the
942 Speaker of the House of Representatives.
943 (7) The commission, with the approval of the President of
944 the Senate and the Speaker of the House of Representatives, may
945 appoint subcommittees as necessary to facilitate its work.
946
947 6.2—Organizational Structure
948 (1) The commission is not subject to Joint Rule Four. The
949 commission shall be composed of seven members of the Senate
950 appointed by the President of the Senate and seven members of
951 the House of Representatives appointed by the Speaker of the
952 House of Representatives.
953 (2) The commission shall be jointly staffed by the
954 appropriations committees of both houses. The Senate shall
955 provide the lead staff when the chair of the commission is a
956 member of the Senate. The House of Representatives shall provide
957 the lead staff when the chair of the commission is a member of
958 the House of Representatives.
959
960 6.3—Notice of Commission Meetings
961 Not less than 7 days prior to a meeting of the commission, a
962 notice of the meeting, stating the items to be considered, date,
963 time, and place, shall be filed with the Secretary of the Senate
964 when the chair of the commission is a member of the Senate or
965 with the Clerk of the House when the chair of the commission is
966 a member of the House of Representatives. The Secretary of the
967 Senate or the Clerk of the House shall distribute notice to the
968 Legislature and the public, consistent with the rules and
969 policies of their respective houses.
970
971 6.4—Effect of Adoption; Intent
972 This Joint Rule Six replaces all prior joint rules governing the
973 Joint Legislative Budget Commission and is intended to implement
974 constitutional provisions relating to the Joint Legislative
975 Budget Commission existing as of the date of the rule’s
976 adoption.