HCR 7015

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

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