Florida Senate - 2012                                 SCR 2-Org.
       
       
       
       By Senator Thrasher
       
       
       
       
       6-00001A-12O                                            20122O__
    1                    Senate Concurrent Resolution                   
    2         A concurrent resolution establishing the Joint Rules
    3         of the Florida Legislature for the 2012-2014 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 2012-2014 term:
   10  
   11                             JOINT RULES                           
   12  
   13   Joint Rule One—Lobbyist Registration and Compensation Reporting 
   14  
   15  1.1—Those Required to Register; Exemptions; Committee Appearance
   16  Records
   17         (1) All lobbyists before the Florida Legislature must
   18  register with the Lobbyist Registration Office in the Office of
   19  Legislative Services. Registration is required for each
   20  principal represented.
   21         (2) As used in Joint Rule One, unless the context otherwise
   22  requires, the term:
   23         (a) “Compensation” means payment, distribution, loan,
   24  advance, reimbursement, deposit, salary, fee, retainer, or
   25  anything of value provided or owed to a lobbying firm, directly
   26  or indirectly, by a principal for any lobbying activity.
   27         (b) “Legislative action” means introduction, sponsorship,
   28  testimony, debate, voting, or any other official action on any
   29  measure, resolution, amendment, nomination, appointment, or
   30  report of, or any matter that may be the subject of action by,
   31  either house of the Legislature or any committee thereof.
   32         (c) “Lobby” or “lobbying” means influencing or attempting
   33  to influence legislative action or nonaction through oral or
   34  written communication or an attempt to obtain the goodwill of a
   35  member or employee of the Legislature.
   36         (d) “Lobbying firm” means any business entity, including an
   37  individual contract lobbyist, that receives or becomes entitled
   38  to receive any compensation for the purpose of lobbying and
   39  where any partner, owner, officer, or employee of the business
   40  entity is a lobbyist. “Lobbying firm” does not include an entity
   41  that has employees who are lobbyists if the entity does not
   42  derive compensation from principals for lobbying or if such
   43  compensation is received exclusively from a subsidiary or
   44  affiliate corporation of the employer. As used in this
   45  paragraph, an affiliate corporation is a corporation that
   46  directly or indirectly shares the same ultimate parent
   47  corporation as the employer and does not receive compensation
   48  for lobbying from any unaffiliated entity.
   49         (e) “Lobbyist” means a person who is employed and receives
   50  payment, or who contracts for economic consideration, for the
   51  purpose of lobbying or a person who is principally employed for
   52  governmental affairs by another person or governmental entity to
   53  lobby on behalf of that other person or governmental entity. An
   54  employee of the principal is not a “lobbyist” unless the
   55  employee is principally employed for governmental affairs.
   56  “Principally employed for governmental affairs” means that one
   57  of the principal or most significant responsibilities of the
   58  employee to the employer is overseeing the employer’s various
   59  relationships with government or representing the employer in
   60  its contacts with government. Any person employed by the
   61  Governor, the Executive Office of the Governor, or any executive
   62  or judicial department of the state or any community college of
   63  the state who seeks to encourage the passage, defeat, or
   64  modification of any legislation by personal appearance or
   65  attendance before the House of Representatives or the Senate, or
   66  any member or committee thereof, is a lobbyist.
   67         (f) “Office” means the Office of Legislative Services.
   68         (g) “Payment” or “salary” means wages or any other
   69  consideration provided in exchange for services but does not
   70  include reimbursement for expenses.
   71         (h) “Principal” means the person, firm, corporation, or
   72  other entity that has employed or retained a lobbyist. When an
   73  association has employed or retained a lobbyist, the association
   74  is the principal; the individual members of the association are
   75  not principals merely because of their membership in the
   76  association.
   77         (i) “Unusual circumstances,” with respect to any failure of
   78  a person to satisfy a filing requirement, means uncommon, rare,
   79  or sudden events over which the person has no control and which
   80  directly result in the failure to satisfy the filing
   81  requirement.
   82         (3) For purposes of this rule, the terms “lobby” and
   83  “lobbying” do not include any of the following:
   84         (a) Response to an inquiry for information made by any
   85  member, committee, or staff of the Legislature.
   86         (b) An appearance in response to a legislative subpoena.
   87         (c) Advice or services that arise out of a contractual
   88  obligation with the Legislature, a member, a committee, any
   89  staff, or any legislative entity to render the advice or
   90  services where such obligation is fulfilled through the use of
   91  public funds.
   92         (d) Representation of a client before the House of
   93  Representatives or the Senate, or any member or committee
   94  thereof, when the client is subject to disciplinary action by
   95  the House of Representatives or the Senate, or any member or
   96  committee thereof.
   97         (4) For purposes of registration and reporting, the term
   98  “lobbyist” does not include any of the following:
   99         (a) A member of the Legislature.
  100         (b) A person who is employed by the Legislature.
  101         (c) A judge who is acting in that judge’s official
  102  capacity.
  103         (d) A person who is a state officer holding elective office
  104  or an officer of a political subdivision of the state holding
  105  elective office and who is acting in that officer’s official
  106  capacity.
  107         (e) A person who appears as a witness or for the purpose of
  108  providing information at the written request of the chair of a
  109  committee, subcommittee, or legislative delegation.
  110         (f) A person employed by any executive or judicial
  111  department of the state or any community college of the state
  112  who makes a personal appearance or attendance before the House
  113  of Representatives or the Senate, or any member or committee
  114  thereof, while that person is on approved leave or outside
  115  normal working hours and who does not otherwise meet the
  116  definition of lobbyist.
  117         (5) When a person, regardless of whether the person is
  118  registered as a lobbyist, appears before a committee of the
  119  Legislature, that person must submit a Committee Appearance
  120  Record as required by the respective house.
  121         (6) The responsibilities of the office and of the Lobbyist
  122  Registration Office under Joint Rule One may be assigned to
  123  another entity by agreement of the President of the Senate and
  124  the Speaker of the House of Representatives for a contract
  125  period not to extend beyond December 1 following the
  126  Organization Session of the next biennium, provided that the
  127  powers and duties of the President, the Speaker, the General
  128  Counsel of the Office of Legislative Services, and any
  129  legislative committee referenced in Joint Rule One may not be
  130  delegated.
  131  
  132  1.2—Method of Registration
  133         (1) Each person who is required to register must register
  134  on forms furnished by the Lobbyist Registration Office, on which
  135  that person must state, under oath, that person’s full legal
  136  name, business address, and telephone number, the name and
  137  business address of each principal that person represents, and
  138  the extent of any direct business association or partnership
  139  that person has with any member of the Legislature. In addition,
  140  if the lobbyist is a partner, owner, officer, or employee of a
  141  lobbying firm, the lobbyist must state the name, address, and
  142  telephone number of each lobbying firm to which the lobbyist
  143  belongs. The Lobbyist Registration Office or its designee is
  144  authorized to acknowledge the oath of any person who registers
  145  in person. Any changes to the information provided in the
  146  registration form must be reported to the Lobbyist Registration
  147  Office in writing within 15 days on forms furnished by the
  148  Lobbyist Registration Office.
  149         (2) Any person required to register must do so with respect
  150  to each principal prior to commencement of lobbying on behalf of
  151  that principal. At the time of registration, the registrant
  152  shall provide a statement on a form provided by the Lobbyist
  153  Registration Office, signed by the principal or principal’s
  154  representative, that the registrant is authorized to represent
  155  the principal. On the authorization statement, the principal or
  156  principal’s representative shall also identify and designate the
  157  principal’s main business pursuant to a classification system
  158  approved by the Office of Legislative Services, which shall be
  159  the North American Industry Classification System (NAICS) six
  160  digit numerical code that most accurately describes the
  161  principal’s main business.
  162         (3) Any person required to register must renew the
  163  registration annually for each calendar year.
  164         (4) A lobbyist shall promptly send a notice to the Lobbyist
  165  Registration Office, on forms furnished by the Lobbyist
  166  Registration Office, canceling the registration for a principal
  167  upon termination of the lobbyist’s representation of that
  168  principal. A notice of cancellation takes effect the day it is
  169  received by the Lobbyist Registration Office. Notwithstanding
  170  this requirement, the Lobbyist Registration Office may remove
  171  the name of a lobbyist from the list of registered lobbyists if
  172  the principal notifies the Lobbyist Registration Office that the
  173  lobbyist is no longer authorized to represent that principal.
  174         (5) The Lobbyist Registration Office shall retain all
  175  original registration documents submitted under this rule.
  176         (6) A person who is required to register under Joint Rule
  177  One, or who chooses to register, shall be considered a lobbyist
  178  of the Legislature for the purposes of ss. 11.045, 112.3148, and
  179  112.3149, Florida Statutes.
  180  
  181  1.3—Registration Costs; Exemptions
  182         (1) To cover the costs incurred in administering Joint Rule
  183  One, each person who registers under Joint Rule 1.1 must pay an
  184  annual registration fee to the Lobbyist Registration Office. The
  185  annual period runs from January 1 to December 31. These fees
  186  must be paid at the time of registration.
  187         (2) The following persons are exempt from paying the fee,
  188  provided they are designated in writing by the agency head or
  189  person designated in this subsection:
  190         (a) Two employees of each department of the executive
  191  branch created under chapter 20, Florida Statutes.
  192         (b) Two employees of the Fish and Wildlife Conservation
  193  Commission.
  194         (c) Two employees of the Executive Office of the Governor.
  195         (d) Two employees of the Commission on Ethics.
  196         (e) Two employees of the Florida Public Service Commission.
  197         (f) Two employees of the judicial branch designated in
  198  writing by the Chief Justice of the Florida Supreme Court.
  199         (3) The annual fee is up to $50 per each house for a person
  200  to register to represent one principal and up to an additional
  201  $10 per house for each additional principal that the person
  202  registers to represent. The amount of each fee shall be
  203  established annually by the President of the Senate and the
  204  Speaker of the House of Representatives. The fees set shall be
  205  adequate to ensure operation of the lobbyist registration and
  206  reporting operations of the Lobbyist Registration Office. The
  207  fees collected by the Lobbyist Registration Office under this
  208  rule shall be deposited in the State Treasury and credited to
  209  the Legislative Lobbyist Registration Trust Fund specifically to
  210  cover the costs incurred in administering Joint Rule One.
  211  
  212  1.4—Reporting of Lobbying Firm Compensation
  213         (1)(a) Each lobbying firm shall file a compensation report
  214  with the office for each calendar quarter during any portion of
  215  which one or more of the firm’s lobbyists were registered to
  216  represent a principal. The report shall include the:
  217         1. Full name, business address, and telephone number of the
  218  lobbying firm;
  219         2. Registration name of each of the firm’s lobbyists; and
  220         3. Total compensation provided or owed to the lobbying firm
  221  from all principals for the reporting period, reported in one of
  222  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  223  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  224  $999,999; or $1 million or more.
  225         (b) For each principal represented by one or more of the
  226  firm’s lobbyists, the lobbying firm’s compensation report shall
  227  also include the:
  228         1. Full name, business address, and telephone number of the
  229  principal; and
  230         2. Total compensation provided or owed to the lobbying firm
  231  for the reporting period, reported in one of the following
  232  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  233  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  234  more. If the category “$50,000 or more” is selected, the
  235  specific dollar amount of compensation must be reported, rounded
  236  up or down to the nearest $1,000.
  237         (c) If the lobbying firm subcontracts work from another
  238  lobbying firm and not from the original principal:
  239         1. The lobbying firm providing the work to be subcontracted
  240  shall be treated as the reporting lobbying firm’s principal for
  241  reporting purposes under this paragraph; and
  242         2. The reporting lobbying firm shall, for each lobbying
  243  firm identified as the reporting lobbying firm’s principal under
  244  paragraph (b), identify the name and address of the principal
  245  originating the lobbying work.
  246         (d) The senior partner, officer, or owner of the lobbying
  247  firm shall certify to the veracity and completeness of the
  248  information submitted pursuant to this rule; certify that no
  249  compensation has been omitted from this report by deeming such
  250  compensation as “consulting services,” “media services,”
  251  “professional services,” or anything other than compensation;
  252  and certify that no officer or employee of the firm has made an
  253  expenditure in violation of s. 11.045, Florida Statutes, as
  254  amended by chapter 2005-359, Laws of Florida.
  255         (2) For each principal represented by more than one
  256  lobbying firm, the office shall aggregate the reporting-period
  257  and calendar-year compensation reported as provided or owed by
  258  the principal. Compensation reported within a category shall be
  259  aggregated as follows:
  260       Category (dollars)         Dollar amount to use aggregating    
  261  0                           0                                       
  262  1-9,999                     5,000                                   
  263  10,000-19,999               15,000                                  
  264  20,000-29,999               25,000                                  
  265  30,000–39,999               35,000                                  
  266  40,000-49,999               45,000                                  
  267  50,000 or more              Actual amount reported                  
  268         (3) The reporting statements shall be filed no later than
  269  45 days after the end of each reporting period. The four
  270  reporting periods are from January 1 through March 31, April 1
  271  through June 30, July 1 through September 30, and October 1
  272  through December 31, respectively. The statements shall be
  273  rendered in the identical form provided by the respective houses
  274  and shall be open to public inspection. Reporting statements
  275  shall be filed by electronic means through the electronic filing
  276  system developed by the office, conforming to subsection (4).
  277         (4) The electronic filing system for compensation reporting
  278  shall include the following:
  279         (a) As used in this rule, the term “electronic filing
  280  system” means an Internet system for recording and reporting
  281  lobbying compensation and other required information by
  282  reporting period.
  283         (b) A report filed pursuant to this rule must be completed
  284  and filed through the electronic filing system not later than
  285  11:59 p.m. of the day designated in subsection (3). A report not
  286  filed by 11:59 p.m. of the day designated is a late-filed report
  287  and is subject to the penalties under Joint Rule 1.5(1).
  288         (c) Each person given secure sign-on credentials to file
  289  via the electronic filing system is responsible for protecting
  290  the credentials from disclosure and is responsible for all
  291  filings made by use of such credentials, unless and until the
  292  office is notified that the person’s credentials have been
  293  compromised. Each report filed by electronic means pursuant to
  294  this rule shall be deemed certified in accordance with paragraph
  295  (1)(d) by the person given the secure sign-on credentials and,
  296  as such, subjects the person and the lobbying firm to the
  297  provisions of s. 11.045(8), Florida Statutes, as well as any
  298  discipline provided under the rules of the Senate or House of
  299  Representatives.
  300         (d) The electronic filing system shall:
  301         1. Be based on access by means of the Internet.
  302         2. Be accessible by anyone with Internet access using
  303  standard web-browsing software.
  304         3. Provide for direct entry of compensation-report
  305  information as well as upload of such information from software
  306  authorized by the office.
  307         4. Provide a method that prevents unauthorized access to
  308  electronic filing system functions.
  309         5. Provide for the issuance of an electronic receipt to the
  310  person submitting the report indicating and verifying the date
  311  and time that the report was filed.
  312         (5) The office shall provide reasonable public notice of
  313  the electronic filing procedures and of any significant changes
  314  in such procedures. If, whenever they deem it necessary, the
  315  President of the Senate and the Speaker of the House of
  316  Representatives jointly declare the electronic system not to be
  317  operable, the reports shall be filed in the manner required
  318  prior to April 1, 2007, as provided by House Concurrent
  319  Resolution 7011 (2007), enrolled, unless the President of the
  320  Senate and the Speaker of the House of Representatives direct
  321  use of an alternate means of reporting. The office shall develop
  322  and maintain such alternative means as may be practicable.
  323  Public notice of changes in filing procedures and any
  324  declaration or direction of the President of the Senate and the
  325  Speaker of the House of Representatives may be provided by
  326  publication for a continuous period of reasonable time on one or
  327  more Internet websites maintained by the Senate and the House of
  328  Representatives.
  329  
  330  1.5—Failure to File Timely Compensation Report; Notice and
  331  Assessment of Fines; Appeals
  332         (1) Upon determining that the report is late, the person
  333  designated to review the timeliness of reports shall immediately
  334  notify the lobbying firm as to the failure to timely file the
  335  report and that a fine is being assessed for each late day. The
  336  fine shall be $50 per day per report for each late day, not to
  337  exceed $5,000 per report.
  338         (2) Upon receipt of the report, the person designated to
  339  review the timeliness of reports shall determine the amount of
  340  the fine based on when the report is actually received by the
  341  office or when the electronic receipt issued by the electronic
  342  filing system is dated, whichever is earlier.
  343         (3) Such fine shall be paid within 30 days after the notice
  344  of payment due is transmitted by the person designated to review
  345  the timeliness of reports, unless appeal is made to the office.
  346  The moneys shall be deposited into the Legislative Lobbyist
  347  Registration Trust Fund.
  348         (4) A fine shall not be assessed against a lobbying firm
  349  the first time the report for which the lobbying firm is
  350  responsible is not timely filed. However, to receive the one
  351  time fine waiver, the report for which the lobbying firm is
  352  responsible must be filed within 30 days after notice that the
  353  report has not been timely filed is transmitted by the person
  354  designated to review the timeliness of reports. A fine shall be
  355  assessed for any subsequent late-filed reports.
  356         (5) Any lobbying firm may appeal or dispute a fine, based
  357  upon unusual circumstances surrounding the failure to file on
  358  the designated due date, and may request and shall be entitled
  359  to a hearing before the General Counsel of the Office of
  360  Legislative Services, who shall recommend to the President of
  361  the Senate and the Speaker of the House of Representatives, or
  362  their respective designees, that the fine be waived in whole or
  363  in part for good cause shown. The President of the Senate and
  364  the Speaker of the House of Representatives, or their respective
  365  designees, may by joint agreement concur in the recommendation
  366  and waive the fine in whole or in part. Any such request shall
  367  be made within 30 days after the notice of payment due is
  368  transmitted by the person designated to review the timeliness of
  369  reports. In such case, the lobbying firm shall, within the 30
  370  day period, notify the person designated to review the
  371  timeliness of reports in writing of the firm’s intention to
  372  request a hearing.
  373         (6) A lobbying firm may request that the filing of a report
  374  be waived upon good cause shown, based on unusual circumstances.
  375  The request must be filed with the General Counsel of the Office
  376  of Legislative Services, who shall make a recommendation
  377  concerning the waiver request to the President of the Senate and
  378  the Speaker of the House of Representatives. The President of
  379  the Senate and the Speaker of the House of Representatives may,
  380  by joint agreement, grant or deny the request.
  381         (7)(a) All lobbyist registrations for lobbyists who are
  382  partners, owners, officers, or employees of a lobbying firm that
  383  fails to timely pay a fine are automatically suspended until the
  384  fine is paid or waived and all late reports have been filed or
  385  waived. The office shall promptly notify all affected
  386  principals, the President of the Senate, and the Speaker of the
  387  House of Representatives of any suspension or reinstatement. All
  388  lobbyists who are partners, owners, officers, or employees of a
  389  lobbying firm are jointly and severally liable for any
  390  outstanding fine owed by a lobbying firm.
  391         (b) No such lobbyist may be reinstated in any capacity
  392  representing any principal until the fine is paid and all late
  393  reports have been filed or waived or until the fine is waived as
  394  to that lobbyist and all late reports for that lobbyist have
  395  been filed or waived. A suspended lobbyist may request a waiver
  396  upon good cause shown, based on unusual circumstances. The
  397  request must be filed with the General Counsel of the Office of
  398  Legislative Services who shall, as soon as practicable, make a
  399  recommendation concerning the waiver request to the President of
  400  the Senate and the Speaker of the House of Representatives. The
  401  President of the Senate and the Speaker of the House of
  402  Representatives may, by joint agreement, grant or deny the
  403  request.
  404         (8) The person designated to review the timeliness of
  405  reports shall notify the director of the office of the failure
  406  of a lobbying firm to file a report after notice or of the
  407  failure of a lobbying firm to pay the fine imposed.
  408  
  409  1.6—Open Records; Internet Publication of Registrations and
  410  Compensation Reports
  411         (1) All of the lobbyist registration forms and compensation
  412  reports received by the Lobbyist Registration Office shall be
  413  available for public inspection and for duplication at
  414  reasonable cost.
  415         (2) The office shall make information filed pursuant to
  416  Joint Rules 1.2 and 1.4 reasonably available on the Internet in
  417  an easily understandable and accessible format. The Internet
  418  website shall include, but not be limited to, the names and
  419  business addresses of lobbyists, lobbying firms, and principals,
  420  the affiliations between lobbyists and principals, and the
  421  classification system designated and identified with respect to
  422  principals pursuant to Joint Rule 1.2.
  423  
  424  1.7—Records Retention and Inspection and Complaint Procedure
  425         (1) Each lobbying firm and each principal shall preserve
  426  for a period of 4 years all accounts, bills, receipts, computer
  427  records, books, papers, and other documents and records
  428  necessary to substantiate compensation reports.
  429         (2) Upon receipt of a complaint based upon the personal
  430  knowledge of the complainant made pursuant to the Senate Rules
  431  or Rules of the House of Representatives, any such documents and
  432  records may be inspected when authorized by the President of the
  433  Senate or the Speaker of the House of Representatives, as
  434  applicable. The person authorized to perform the inspection
  435  shall be designated in writing and shall be a member of The
  436  Florida Bar or a certified public accountant licensed in
  437  Florida. Any information obtained by such an inspection may only
  438  be used for purposes authorized by law, this Joint Rule One,
  439  Senate Rules, or Rules of the House of Representatives, which
  440  purposes may include the imposition of sanctions against a
  441  person subject to Joint Rule One, the Senate Rules, or the Rules
  442  of the House of Representatives. Any employee who uses that
  443  information for an unauthorized purpose is subject to
  444  discipline. Any member who uses that information for an
  445  unauthorized purpose is subject to discipline under the
  446  applicable rules of each house.
  447         (3) The right of inspection may be enforced by appropriate
  448  writ issued by any court of competent jurisdiction.
  449  
  450  1.8—Questions Regarding Interpretation of this Joint Rule One
  451         (1) A person may request in writing an informal opinion
  452  from the General Counsel of the Office of Legislative Services
  453  as to the application of this Joint Rule One to a specific
  454  situation involving that person’s conduct. The General Counsel
  455  shall issue the opinion within 10 days after receiving the
  456  request. The informal opinion may be relied upon by the person
  457  who requested the informal opinion. A copy of each informal
  458  opinion that is issued shall be provided to the presiding
  459  officer of each house. A committee of either house designated
  460  pursuant to section 11.045(5), Florida Statutes, may revise any
  461  informal opinion rendered by the General Counsel through an
  462  advisory opinion to the person who requested the informal
  463  opinion. The advisory opinion shall supersede the informal
  464  opinion as of the date the advisory opinion is issued.
  465         (2) A person in doubt about the applicability or
  466  interpretation of this Joint Rule One with respect to that
  467  person’s conduct may submit in writing the facts for an advisory
  468  opinion to the committee of either house designated pursuant to
  469  s. 11.045(5), Florida Statutes, and may appear in person before
  470  the committee in accordance with s. 11.045(5), Florida Statutes.
  471  
  472  1.9—Effect of Readoption and Revision
  473  All obligations existing under Joint Rule One as of the last day
  474  of the previous legislative biennium are hereby ratified,
  475  preserved, and reimposed pursuant to the terms thereof as of
  476  that date. The provisions of Joint Rule One are imposed
  477  retroactively to the first day of the present legislative
  478  biennium except that provisions new to this revision are
  479  effective on the date of adoption or as otherwise expressly
  480  provided herein.
  481  
  482         Joint Rule Two—General Appropriations Review Period       
  483  
  484  2.1—General Appropriations and Related Bills; Review Periods
  485         (1) A general appropriations bill shall be subject to a 72
  486  hour public review period before a vote is taken on final
  487  passage of the bill in the form that will be presented to the
  488  Governor.
  489         (2) If a bill is returned to the house in which the bill
  490  originated and the originating house does not concur in all the
  491  amendments or adds additional amendments, no further action
  492  shall be taken on the bill by the nonoriginating house, and a
  493  conference committee shall be established by operation of this
  494  rule to consider the bill.
  495         (3) If a bill is referred to a conference committee by
  496  operation of this rule, a 72-hour public review period shall be
  497  provided prior to a vote being taken on the conference committee
  498  report by either house.
  499         (4) A copy of the bill, a copy of the bill with amendments
  500  adopted by the nonoriginating house, or the conference committee
  501  report shall be furnished to each member of the Legislature, the
  502  Governor, the Chief Justice of the Supreme Court, and each
  503  member of the Cabinet. Copies for the Governor, Chief Justice,
  504  and members of the Cabinet shall be furnished to the official’s
  505  office in the Capitol or Supreme Court Building.
  506         (5)(a) Copies required to be furnished under subsection (4)
  507  shall be furnished to members of the Legislature as follows:
  508         1. A printed copy may be placed on each member’s desk in
  509  the appropriate chamber; or
  510         2. An electronic copy may be furnished to each member. The
  511  Legislature hereby deems and determines that a copy shall have
  512  been furnished to the members of the Legislature when an
  513  electronic copy is made available to every member of the
  514  Legislature. An electronic copy is deemed to have been made
  515  available when it is accessible via the Internet or other
  516  information network consisting of systems ordinarily serving the
  517  members of the Senate or the House of Representatives.
  518         (b) An official other than a member of the Legislature who
  519  is to be furnished a copy of a general appropriations bill under
  520  subsection (4) may officially request that an electronic copy of
  521  the bill be furnished in lieu of a printed copy, and, if
  522  practicable, the copy may be furnished to the official in the
  523  manner requested.
  524         (6) The Secretary of the Senate shall be responsible for
  525  furnishing copies under this rule for Senate bills, House bills
  526  as amended by the Senate, and conference committee reports on
  527  Senate bills. The Clerk of the House shall be responsible for
  528  furnishing copies under this rule for House bills, Senate bills
  529  as amended by the House, and conference committee reports on
  530  House bills.
  531         (7) The 72-hour public review period shall begin to run
  532  upon completion of the furnishing of copies required to be
  533  furnished under subsection (4). The Speaker of the House of
  534  Representatives and the President of the Senate, as appropriate,
  535  shall be informed of the completion time, and such time shall be
  536  announced on the floor prior to vote on final passage in each
  537  house and shall be entered in the journal of each house.
  538  Saturdays, Sundays, and holidays shall be included in the
  539  computation under this rule.
  540         (8) An implementing or conforming bill recommended by a
  541  conference committee shall be subject to a 24-hour public review
  542  period before a vote is taken on the conference committee report
  543  by either house, if the conference committee submits its report
  544  after the furnishing of a general appropriations bill to which
  545  the 72-hour public review period applies.
  546         (9) With respect to each bill that may be affected, a
  547  member of the Senate or the House of Representatives may not
  548  raise a point of order under this rule after a vote is taken on
  549  the bill. Except as may be required by the Florida Constitution,
  550  noncompliance with any requirement of this rule may be waived by
  551  a two-thirds vote of those members present and voting in each
  552  house.
  553  
  554  2.2—General Appropriations and Related Bills; Definitions
  555  As used in Joint Rule Two, the term:
  556         (1) “Conforming bill” means a bill that amends the Florida
  557  Statutes to conform to a general appropriations bill.
  558         (2) “General appropriations bill” means a bill that
  559  provides for the salaries of public officers and other current
  560  expenses of the state and contains no subject other than
  561  appropriations. A bill that contains appropriations that are
  562  incidental and necessary solely to implement a substantive law
  563  is not included within this term. For the purposes of Joint Rule
  564  Two and Section 19(d) of Article III of the Florida
  565  Constitution, the Legislature hereby determines that, after a
  566  general appropriations bill has been enacted and establishes
  567  governing law for a particular fiscal year, a bill considered in
  568  any subsequent session that makes net reductions in such enacted
  569  appropriations or that makes supplemental appropriations shall
  570  not be deemed to be a general appropriations bill unless such
  571  bill provides for the salaries of public officers and other
  572  current expenses of the state for a subsequent fiscal year.
  573         (3) “Implementing bill” means a bill, effective for one
  574  fiscal year, implementing a general appropriations bill.
  575  
  576             Joint Rule Three—Joint Offices and Policies           
  577  
  578  3.1—Joint Legislative Offices
  579         (1) The following offices of the Legislature are
  580  established:
  581         (a) Office of Economic and Demographic Research.
  582         (b) Office of Legislative Information Technology Services.
  583         (c) Office of Legislative Services.
  584         (d) Office of Program Policy Analysis and Government
  585  Accountability.
  586         (2) Offices established under this rule shall provide
  587  support services to the Legislature that are determined by the
  588  President of the Senate and the Speaker of the House of
  589  Representatives to be necessary and that can be effectively
  590  provided jointly to both houses and other units of the
  591  Legislature. Each office shall be directed by a coordinator
  592  selected by and serving at the pleasure of the President of the
  593  Senate and the Speaker of the House of Representatives. Upon the
  594  initial adoption of these joint rules in a biennium, each
  595  coordinator position shall be deemed vacant until an appointment
  596  is made.
  597         (3) Within the monetary limitations of the approved
  598  operating budget, the salaries and expenses of the coordinator
  599  and the staff of each office shall be governed by joint
  600  policies.
  601         (4) The Office of Legislative Services shall provide
  602  legislative support services other than those prescribed in
  603  subsections (5)-(7).
  604         (5) The Office of Legislative Information Technology
  605  Services shall provide support services to assist the
  606  Legislature in achieving its objectives through the application
  607  of cost-effective information technology.
  608         (6) The Office of Economic and Demographic Research shall
  609  provide research support services, principally regarding
  610  forecasting economic and social trends that affect policymaking,
  611  revenues, and appropriations.
  612         (7) The Office of Program Policy Analysis and Government
  613  Accountability shall:
  614         (a) Perform independent examinations, program reviews, and
  615  other projects as provided by general law, as provided by
  616  concurrent resolution, as directed by the Legislative Auditing
  617  Committee, or as directed by the President of the Senate or the
  618  Speaker of the House and shall provide recommendations,
  619  training, or other services to assist the Legislature.
  620         (b) Transmit to the President of the Senate and the Speaker
  621  of the House of Representatives, by December 1 of each year, a
  622  list of statutory and fiscal changes recommended by office
  623  reports. The recommendations shall be presented in two
  624  categories: one addressing substantive law and policy issues and
  625  the other addressing budget issues.
  626  
  627  3.2—Joint Policies
  628         (1) The President of the Senate and the Speaker of the
  629  House of Representatives shall jointly adopt policies they
  630  consider advisable to carry out the functions of the
  631  Legislature. Such policies shall be binding on all employees of
  632  joint offices and joint committees.
  633         (2) The employees of all joint committees and joint
  634  legislative offices shall be under the exclusive control of the
  635  Legislature. No officer or agency in the executive or judicial
  636  branch shall exercise any manner of control over legislative
  637  employees with respect to the exercise of their duties or the
  638  terms and conditions of their employment.
  639  
  640                  Joint Rule Four—Joint Committees                 
  641  
  642  4.1—Standing Joint Committees
  643         (1) The following standing joint committees are
  644  established:
  645         (a) Administrative Procedures Committee.
  646         (b) Committee on Public Counsel Oversight.
  647         (c) Legislative Auditing Committee.
  648         (2) No other joint committee shall exist except as agreed
  649  to by the presiding officers or by concurrent resolution
  650  approved by the Senate and the House of Representatives.
  651         (3) Appointments to each standing joint committee shall be
  652  made or altered and vacancies shall be filled by the Senate and
  653  the House of Representatives in accordance with their respective
  654  rules. There shall be appointed to each standing joint committee
  655  no fewer than five and no more than seven members from each
  656  house.
  657         (4)(a) The President of the Senate shall appoint a member
  658  of the Senate to serve as the chair, and the Speaker of the
  659  House of Representatives shall appoint a member of the House of
  660  Representatives to serve as the vice chair, for:
  661         1. The Legislative Auditing Committee and the Committee on
  662  Public Counsel Oversight, for the period from the Organization
  663  Session until noon on December 1 of the calendar year following
  664  the general election.
  665         2. The Administrative Procedures Committee for the period
  666  from noon on December 1 of the calendar year following the
  667  general election until the next general election.
  668         (b) The Speaker of the House of Representatives shall
  669  appoint a member of the House of Representatives to serve as the
  670  chair, and the President of the Senate shall appoint a member of
  671  the Senate to serve as the vice chair, for:
  672         1. The Legislative Auditing Committee and the Committee on
  673  Public Counsel Oversight, for the period from noon on December 1
  674  of the calendar year following the general election until the
  675  next general election.
  676         2. The Administrative Procedures Committee for the period
  677  from the Organization Session until noon on December 1 of the
  678  calendar year following the general election.
  679         (c) A vacancy in an appointed chair or vice chair shall be
  680  filled in the same manner as the original appointment.
  681  
  682  4.2—Procedures in Joint Committees
  683  The following rules shall govern procedures in joint committees
  684  other than conference committees:
  685         (1) A quorum for a joint committee shall be a majority of
  686  the appointees of each house. No business of any type may be
  687  conducted in the absence of a quorum.
  688         (2)(a) Joint committees shall meet only within the dates,
  689  times, and locations authorized by both the President of the
  690  Senate and the Speaker of the House of Representatives.
  691         (b) Joint committee meetings shall meet at the call of the
  692  chair. In the absence of the chair, the vice chair shall assume
  693  the duty to convene and preside over meetings and such other
  694  duties as provided by law or joint rule. During a meeting
  695  properly convened, the presiding chair may temporarily assign
  696  the duty to preside at that meeting to another joint committee
  697  member until the assignment is relinquished or revoked.
  698         (c) Before any joint committee may hold a meeting, a notice
  699  of such meeting shall be provided to the Secretary of the Senate
  700  and the Clerk of the House of Representatives no later than 4:30
  701  p.m. of the 7th day before the meeting. For purposes of
  702  effecting notice to members of the house to which the chair does
  703  not belong, notice to the Secretary of the Senate shall be
  704  deemed notice to members of the Senate and notice to the Clerk
  705  of the House shall be deemed notice to members of the House of
  706  Representatives. Noticed meetings may be canceled by the chair
  707  with the approval of at least one presiding officer.
  708         (d) If a majority of its members from each house agree, a
  709  joint committee may continue a properly noticed meeting after
  710  the expiration of the time called for the meeting. However, a
  711  joint committee may not meet beyond the time authorized by the
  712  presiding officers without special leave granted by both
  713  presiding officers.
  714         (3) The presiding officers shall interpret, apply, and
  715  enforce rules governing joint committees by agreement when the
  716  rule at issue is a joint rule. Unless otherwise determined or
  717  overruled by an agreement of the presiding officers, the chair
  718  shall determine all questions of order arising in joint
  719  committee meetings, but such determinations may be appealed to
  720  the committee during the meeting.
  721         (4) Each question, including any appeal of a ruling of the
  722  chair, shall be decided by a majority vote of the members of the
  723  joint committee of each house present and voting.
  724  
  725  4.3—Powers of Joint Committees
  726         (1) A joint committee may exercise the subpoena powers
  727  vested by law in a standing committee of the Legislature. A
  728  subpoena issued under this rule must be approved and signed by
  729  the President of the Senate and the Speaker of the House of
  730  Representatives and attested by the Secretary of the Senate and
  731  the Clerk of the House.
  732         (2) A joint committee may adopt rules of procedure that do
  733  not conflict with the Florida Constitution or any law or joint
  734  rule, subject to the joint approval of the President of the
  735  Senate and the Speaker of the House of Representatives.
  736         (3) A joint committee may not create subcommittees or
  737  workgroups unless authorized by both presiding officers.
  738  
  739  4.4—Administration of Joint Committees
  740         (1) Within the monetary limitations of the approved
  741  operating budget, the expenses of the members and the salaries
  742  and expenses of the staff of each joint committee shall be
  743  governed by joint policies adopted under Joint Rule 3.2. Within
  744  such operating budget, the chair of each joint committee shall
  745  approve all authorized member expenses.
  746         (2) Subject to joint policies adopted under Joint Rule 3.2,
  747  the presiding officers shall appoint and remove the staff
  748  director and, if needed, a general counsel and any other staff
  749  necessary to assist each joint committee. All joint committee
  750  staff shall serve at the pleasure of the presiding officers.
  751  Upon the initial adoption of these joint rules in a biennium,
  752  each joint committee staff director position shall be deemed
  753  vacant until an appointment is made.
  754  
  755  4.5—Special Powers and Duties of the Legislative Auditing
  756  Committee
  757         (1) The Legislative Auditing Committee may direct the
  758  Auditor General or the Office of Program Policy Analysis and
  759  Government Accountability to conduct an audit, review, or
  760  examination of any entity or record described in s. 11.45(2) or
  761  (3), Florida Statutes.
  762         (2) The Legislative Auditing Committee may receive requests
  763  for audits and reviews from legislators and any audit request,
  764  petition for audit, or other matter for investigation directed
  765  or referred to it pursuant to general law. The committee may
  766  make any appropriate disposition of such requests or referrals
  767  and shall, within a reasonable time, report to the requesting
  768  party the disposition of any audit request.
  769         (3) The Legislative Auditing Committee may review the
  770  performance of the Auditor General and report thereon to the
  771  Senate and the House of Representatives.
  772  
  773  4.6—Special Powers and Duties of the Administrative Procedures
  774  Committee
  775  The Administrative Procedures Committee shall:
  776         (1) Maintain a continuous review of the statutory authority
  777  on which each administrative rule is based and, whenever such
  778  authority is eliminated or significantly changed by repeal,
  779  amendment, holding by a court of last resort, or other factor,
  780  advise the agency concerned of the fact.
  781         (2) Maintain a continuous review of administrative rules
  782  and identify and request an agency to repeal any rule or any
  783  provision of any rule that reiterates or paraphrases any statute
  784  or for which the statutory authority has been repealed.
  785         (3) Review administrative rules and advise the agencies
  786  concerned of its findings.
  787         (4) Exercise the duties prescribed by chapter 120, Florida
  788  Statutes, concerning the adoption and promulgation of rules.
  789         (5) Generally review agency action pursuant to the
  790  operation of chapter 120, Florida Statutes, the Administrative
  791  Procedure Act.
  792         (6) Report to the President of the Senate and the Speaker
  793  of the House of Representatives at least annually, no later than
  794  the first week of the regular session, and recommend needed
  795  legislation or other appropriate action. Such report shall
  796  include the number of objections voted by the committee, the
  797  number of suspensions recommended by the committee, the number
  798  of administrative determinations filed on the invalidity of a
  799  proposed or existing rule, the number of petitions for judicial
  800  review filed on the invalidity of a proposed or existing rule,
  801  and the outcomes of such actions. Such report shall also include
  802  any recommendations provided to the standing committees during
  803  the preceding year under subsection (11).
  804         (7) Consult regularly with legislative standing committees
  805  that have jurisdiction over the subject areas addressed in
  806  agency proposed rules regarding legislative authority for the
  807  proposed rules and other matters relating to legislative
  808  authority for agency action.
  809         (8) Subject to the approval of the President of the Senate
  810  and the Speaker of the House of Representatives, have standing
  811  to seek judicial review, on behalf of the Legislature or the
  812  citizens of this state, of the validity or invalidity of any
  813  administrative rule to which the committee has voted an
  814  objection and that has not been withdrawn, modified, repealed,
  815  or amended to meet the objection. Judicial review under this
  816  subsection may not be initiated until the Governor and the head
  817  of the agency making the rule to which the committee has
  818  objected have been notified of the committee’s proposed action
  819  and have been given a reasonable opportunity, not to exceed 60
  820  days, for consultation with the committee. The committee may
  821  expend public funds from its appropriation for the purpose of
  822  seeking judicial review.
  823         (9) Maintain a continuous review of the administrative
  824  rulemaking process, including a review of agency procedure and
  825  of complaints based on such agency procedure.
  826         (10) Establish measurement criteria to evaluate whether
  827  agencies are complying with the delegation of legislative
  828  authority in adopting and implementing rules.
  829         (11) Maintain a continuous review of statutes that
  830  authorize agencies to adopt rules and shall make recommendations
  831  to the appropriate standing committees of the Senate and the
  832  House of Representatives as to the advisability of considering
  833  changes to the delegated legislative authority to adopt rules in
  834  specific circumstances.
  835  
  836  4.7—Special Powers and Duties of the Committee on Public Counsel
  837  Oversight
  838         (1) The Committee on Public Counsel Oversight shall appoint
  839  a Public Counsel.
  840         (2) The Committee on Public Counsel Oversight may file a
  841  complaint with the Commission on Ethics alleging a violation of
  842  chapter 350, Florida Statutes, by a current or former public
  843  service commissioner, an employee of the Public Service
  844  Commission, or a member of the Public Service Commission
  845  Nominating Council.
  846         (3) Notwithstanding Joint Rule 4.4(2), the Committee on
  847  Public Counsel Oversight shall not have any permanent staff but
  848  shall be served as needed by other legislative staff selected by
  849  the President of the Senate and the Speaker of the House of
  850  Representatives.
  851  
  852                   Joint Rule Five—Auditor General                 
  853  
  854  5.1—Rulemaking Authority
  855  The Auditor General shall make and enforce reasonable rules and
  856  regulations necessary to facilitate audits that he or she is
  857  authorized to perform.
  858  
  859  5.2—Budget and Accounting
  860         (1) The Auditor General shall prepare and submit annually
  861  to the President of the Senate and the Speaker of the House of
  862  Representatives for their joint approval a proposed budget for
  863  the ensuing fiscal year.
  864         (2) Within the limitations of the approved operating
  865  budget, the salaries and expenses of the Auditor General and the
  866  staff of the Auditor General shall be paid from the
  867  appropriation for legislative expense or any other moneys
  868  appropriated by the Legislature for that purpose. The Auditor
  869  General shall approve all bills for salaries and expenses for
  870  his or her staff before the same shall be paid.
  871  
  872  5.3—Audit Report Distribution
  873         (1) A copy of each audit report shall be submitted to the
  874  Governor, to the Chief Financial Officer, and to the officer or
  875  person in charge of the state agency or political subdivision
  876  audited. One copy shall be filed as a permanent public record in
  877  the office of the Auditor General. In the case of county
  878  reports, one copy of the report of each county office, school
  879  district, or other district audited shall be submitted to the
  880  board of county commissioners of the county in which the audit
  881  was made and shall be filed in the office of the clerk of the
  882  circuit court of that county as a public record. When an audit
  883  is made of the records of the district school board, a copy of
  884  the audit report shall also be filed with the district school
  885  board, and thereupon such report shall become a part of the
  886  public records of such board.
  887         (2) A copy of each audit report shall be made available to
  888  each member of the Legislative Auditing Committee.
  889         (3) The Auditor General shall transmit a copy of each audit
  890  report to the appropriate substantive and fiscal committees of
  891  the Senate and House of Representatives.
  892         (4) Other copies may be furnished to other persons who, in
  893  the opinion of the Auditor General, are directly interested in
  894  the audit or who have a duty to perform in connection therewith.
  895         (5) The Auditor General shall transmit to the President of
  896  the Senate and the Speaker of the House of Representatives, by
  897  December 1 of each year, a list of statutory and fiscal changes
  898  recommended by audit reports. The recommendations shall be
  899  presented in two categories: one addressing substantive law and
  900  policy issues and the other addressing budget issues. The
  901  Auditor General may also transmit recommendations at other times
  902  of the year when the information would be timely and useful for
  903  the Legislature.
  904         (6) A copy required to be provided under this rule may be
  905  provided in an electronic or other digital format if the Auditor
  906  General determines that the intended recipient has appropriate
  907  resources to review the copy. Copies to members, committees, and
  908  offices of the Legislature shall be provided in electronic
  909  format as may be provided in joint policies adopted under Joint
  910  Rule 3.2.
  911  
  912         Joint Rule Six—Joint Legislative Budget Commission        
  913  
  914  6.1—General Responsibilities
  915         (1) The commission, as provided in chapter 216, Florida
  916  Statutes, shall receive and review notices of budget and
  917  personnel actions taken or proposed to be taken by the executive
  918  and judicial branches and shall approve or disapprove such
  919  actions.
  920         (2) Through its chair, the commission shall advise the
  921  Governor and the Chief Justice of actions or proposed actions
  922  that exceed delegated authority or that are contrary to
  923  legislative policy and intent.
  924         (3) To the extent possible, the commission shall inform
  925  members of the Legislature of budget amendments requested by the
  926  executive or judicial branches.
  927         (4) The commission shall consult with the Chief Financial
  928  Officer and the Executive Office of the Governor on matters as
  929  required by chapter 216, Florida Statutes.
  930         (5) The President of the Senate and the Speaker of the
  931  House of Representatives may jointly assign other
  932  responsibilities to the commission in addition to those assigned
  933  by law.
  934         (6) The commission shall develop policies and procedures
  935  necessary to carry out its assigned responsibilities, subject to
  936  the joint approval of the President of the Senate and the
  937  Speaker of the House of Representatives.
  938         (7) The commission, with the approval of the President of
  939  the Senate and the Speaker of the House of Representatives, may
  940  appoint subcommittees as necessary to facilitate its work.
  941  
  942  6.2—Organizational Structure
  943         (1) The commission is not subject to Joint Rule Four. The
  944  commission shall be composed of seven members of the Senate
  945  appointed by the President of the Senate and seven members of
  946  the House of Representatives appointed by the Speaker of the
  947  House of Representatives.
  948         (2) The commission shall be jointly staffed by the
  949  appropriations committees of both houses. The Senate shall
  950  provide the lead staff when the chair of the commission is a
  951  member of the Senate. The House of Representatives shall provide
  952  the lead staff when the chair of the commission is a member of
  953  the House of Representatives.
  954  
  955  6.3—Notice of Commission Meetings
  956  Not less than 7 days prior to a meeting of the commission, a
  957  notice of the meeting, stating the items to be considered, date,
  958  time, and place, shall be filed with the Secretary of the Senate
  959  when the chair of the commission is a member of the Senate or
  960  with the Clerk of the House when the chair of the commission is
  961  a member of the House of Representatives. The Secretary of the
  962  Senate or the Clerk of the House shall distribute notice to the
  963  Legislature and the public, consistent with the rules and
  964  policies of their respective houses.
  965  
  966  6.4—Effect of Adoption; Intent
  967  This Joint Rule Six replaces all prior joint rules governing the
  968  Joint Legislative Budget Commission and is intended to implement
  969  constitutional provisions relating to the Joint Legislative
  970  Budget Commission existing as of the date of the rule’s
  971  adoption.