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                                                               20142Oer
    1  
    2         A concurrent resolution establishing the Joint Rules
    3         of the Florida Legislature for the 2014-2016 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 2014-2016 term:
   10  
   11                             JOINT RULES                           
   12   Joint Rule One—Lobbyist Registration and Compensation Reporting 
   13  
   14  1.1—Those Required to Register; Exemptions; Committee Appearance
   15  Records
   16         (1) All lobbyists before the Florida Legislature must
   17  register with the Lobbyist Registration Office in the Office of
   18  Legislative Services. Registration is required for each
   19  principal represented.
   20         (2) As used in Joint Rule One, unless the context otherwise
   21  requires, the term:
   22         (a) “Compensation” means payment, distribution, loan,
   23  advance, reimbursement, deposit, salary, fee, retainer, or
   24  anything of value provided or owed to a lobbying firm, directly
   25  or indirectly, by a principal for any lobbying activity.
   26         (b) “Legislative action” means introduction, sponsorship,
   27  testimony, debate, voting, or any other official action on any
   28  measure, resolution, amendment, nomination, appointment, or
   29  report of, or any matter that may be the subject of action by,
   30  either house of the Legislature or any committee thereof.
   31         (c) “Lobby” or “lobbying” means influencing or attempting
   32  to influence legislative action or nonaction through oral or
   33  written communication or through an attempt to obtain the
   34  goodwill of a member or employee of the Legislature.
   35         (d) “Lobbying firm” means any business entity, including an
   36  individual contract lobbyist, that receives or becomes entitled
   37  to receive any compensation for the purpose of lobbying and
   38  where any partner, owner, officer, or employee of the business
   39  entity is a lobbyist. “Lobbying firm” does not include an entity
   40  that has employees who are lobbyists if the entity does not
   41  derive compensation from principals for lobbying or if such
   42  compensation is received exclusively from a subsidiary or
   43  affiliate corporation of the employer. As used in this
   44  paragraph, an affiliate corporation is a corporation that
   45  directly or indirectly shares the same ultimate parent
   46  corporation as the employer and does not receive compensation
   47  for lobbying from any unaffiliated entity.
   48         (e) “Lobbyist” means a person who is employed and receives
   49  payment, or who contracts for economic consideration, for the
   50  purpose of lobbying or a person who is principally employed for
   51  governmental affairs by another person or governmental entity to
   52  lobby on behalf of that other person or governmental entity. An
   53  employee of the principal is not a lobbyist unless the employee
   54  is principally employed for governmental affairs. The term
   55  “principally employed for governmental affairs” means that one
   56  of the principal or most significant responsibilities of the
   57  employee to the employer is overseeing the employer’s various
   58  relationships with government or representing the employer in
   59  its contacts with government. Any person employed by the
   60  Governor, the Executive Office of the Governor, or any executive
   61  or judicial department of the state or any community college of
   62  the state who seeks to encourage the passage, defeat, or
   63  modification of any legislation by personal appearance or
   64  attendance before the House of Representatives or the Senate, or
   65  any member or committee thereof, is a lobbyist.
   66         (f) “Lobbyist Registration and Compensation Reporting
   67  System (LRCRS)” means the online application that serves as the
   68  system of record for the Lobbyist Registration Office in the
   69  Office of Legislative Services and consists of the electronic
   70  registration system and the electronic filing system.
   71         (g) “LRO” means the Lobbyist Registration Office in the
   72  Office of Legislative Services.
   73         (h) “Office” means the Office of Legislative Services.
   74         (i) “Payment” or “salary” means wages or any other
   75  consideration provided in exchange for services but does not
   76  include reimbursement for expenses.
   77         (j) “Principal” means the person, firm, corporation, or
   78  other entity that has employed or retained a lobbyist. When an
   79  association has employed or retained a lobbyist, the association
   80  is the principal; the individual members of the association are
   81  not principals merely because of their membership in the
   82  association.
   83         (k) “Unusual circumstances,” with respect to any failure of
   84  a person to satisfy a filing requirement, means uncommon, rare,
   85  or sudden events over which the person has no control and which
   86  directly result in the failure to satisfy the filing
   87  requirement.
   88         (3) For purposes of Joint Rule One, the terms “lobby” and
   89  “lobbying” do not include any of the following:
   90         (a) A response to an inquiry for information made by any
   91  member, committee, or staff of the Legislature.
   92         (b) An appearance in response to a legislative subpoena.
   93         (c) Advice or services that arise out of a contractual
   94  obligation with the Legislature, a member, a committee, any
   95  staff, or any legislative entity to render the advice or
   96  services where such obligation is fulfilled through the use of
   97  public funds.
   98         (d) Representation of a client before the House of
   99  Representatives or the Senate, or any member or committee
  100  thereof, when the client is subject to disciplinary action by
  101  the House of Representatives or the Senate, or any member or
  102  committee thereof.
  103         (4) For purposes of registration and reporting, the term
  104  “lobbyist” does not include any of the following:
  105         (a) A member of the Legislature.
  106         (b) A person who is employed by the Legislature.
  107         (c) A judge who is acting in that judge’s official
  108  capacity.
  109         (d) A person who is a state officer holding elective office
  110  or an officer of a political subdivision of the state holding
  111  elective office and who is acting in that officer’s official
  112  capacity.
  113         (e) A person who appears as a witness or for the purpose of
  114  providing information at the written request of the chair of a
  115  committee, subcommittee, or legislative delegation.
  116         (f) A person employed by any executive or judicial
  117  department of the state or any community college of the state
  118  who makes a personal appearance or attendance before the House
  119  of Representatives or the Senate, or any member or committee
  120  thereof, while that person is on approved leave or outside
  121  normal working hours and who does not otherwise meet the
  122  definition of a lobbyist.
  123         (5) When a person, regardless of whether the person is
  124  registered as a lobbyist, appears before a committee of the
  125  Legislature, that person must submit a Committee Appearance
  126  Record as required by the respective house.
  127         (6) The responsibilities of the Office and of the LRO under
  128  Joint Rule One may be assigned to another entity by agreement of
  129  the President of the Senate and the Speaker of the House of
  130  Representatives for a contract period not to extend beyond
  131  December 1 following the Organization Session of the next
  132  biennium, provided that the powers and duties of the President,
  133  the Speaker, the General Counsel of the Office of Legislative
  134  Services, and any legislative committee referenced in Joint Rule
  135  One may not be delegated.
  136  
  137  1.2—Method of Registration
  138         (1) Each person required to register with the LRO must
  139  register through the LRCRS and attest to that person’s full
  140  legal name, business address, e-mail address, and telephone
  141  number; the name, business address, e-mail address, and
  142  telephone number of each principal that person represents; and
  143  the extent of any direct business association or partnership
  144  that person has with any member of the Legislature. In addition,
  145  if the lobbyist is a partner, owner, officer, or employee of a
  146  lobbying firm, the lobbyist must state the name, address, and
  147  telephone number of each lobbying firm to which the lobbyist
  148  belongs and the e-mail address of the employee responsible for
  149  the submission of compensation reports. Registration is not
  150  complete until the LRCRS receives the principal’s authorization
  151  and the registration fee. Any changes to the information
  152  existing in the LRCRS must be updated online in the LRCRS within
  153  15 days from the effective date of the change.
  154         (2) Any person required to register must do so with respect
  155  to each principal prior to commencement of lobbying on behalf of
  156  that principal. The LRCRS will request authorization from the
  157  principal with the principal’s name, business address, e-mail
  158  address, and telephone number to confirm that the registrant is
  159  authorized to represent the principal. The principal or
  160  principal’s representative shall also identify and designate the
  161  principal’s main business pursuant to a classification system
  162  approved by the Office, which shall be the North American
  163  Industry Classification System (NAICS) six-digit numerical code
  164  that most accurately describes the principal’s main business.
  165         (3) Any person required to register must renew the
  166  registration annually for each calendar year through the LRCRS.
  167         (4) A lobbyist shall promptly cancel the registration for a
  168  principal upon termination of the lobbyist’s representation of
  169  that principal. A cancellation takes effect the day it is
  170  received by the LRCRS. Notwithstanding this requirement, the LRO
  171  may remove the name of a lobbyist from the list of registered
  172  lobbyists if the principal notifies the LRO in writing that the
  173  lobbyist is no longer authorized to represent that principal.
  174         (5) The LRO shall retain registration information submitted
  175  under this rule.
  176         (6) A person required to register under Joint Rule One
  177  shall be considered a lobbyist of the Legislature for the
  178  purposes of ss. 11.045, 112.3148, and 112.3149, Florida
  179  Statutes.
  180  
  181  1.3—Registration Costs; Exemptions
  182         (1) To cover the costs incurred for the administration of
  183  Joint Rule One, each person who registers under Joint Rule 1.1
  184  must pay an annual registration fee to the LRO. The annual
  185  period runs from January 1 to December 31. These fees must be
  186  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 must be
  205  adequate to ensure operation of the lobbyists’ registration,
  206  compensation, and reporting functions. The fees collected by the
  207  LRO under this rule shall be deposited into the State Treasury
  208  and credited to the Legislative Lobbyist Registration Trust Fund
  209  specifically to cover the costs incurred in administering Joint
  210  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 LRO through the LRCRS for each calendar quarter during
  215  any portion of which one or more of the firm’s lobbyists were
  216  registered to represent a principal. The report must include
  217  the:
  218         1. Full name, business address, and telephone number of the
  219  lobbying firm;
  220         2. Registration name of each of the firm’s lobbyists; and
  221         3. Total compensation provided or owed to the lobbying firm
  222  from all principals for the reporting period, reported in one of
  223  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  224  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  225  $999,999; or $1 million or more.
  226         (b) For each principal represented by one or more of the
  227  firm’s lobbyists, the lobbying firm’s compensation report must
  228  also include the:
  229         1. Full name, business address, and telephone number of the
  230  principal; and
  231         2. Total compensation provided or owed to the lobbying firm
  232  for the reporting period, reported in one of the following
  233  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  234  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  235  more. If the category “$50,000 or more” is selected, the
  236  specific dollar amount of compensation must be reported, rounded
  237  up or down to the nearest $1,000.
  238         (c) If the lobbying firm subcontracts work from another
  239  lobbying firm and not from the original principal:
  240         1. The lobbying firm providing the work to be subcontracted
  241  shall be treated as the reporting lobbying firm’s principal for
  242  reporting purposes under this paragraph; and
  243         2. The reporting lobbying firm shall, for each lobbying
  244  firm identified as the reporting lobbying firm’s principal under
  245  paragraph (b), identify the name, business address, and
  246  telephone number of the principal originating the lobbying work.
  247         (d) The senior partner, officer, or owner of the lobbying
  248  firm shall certify to the veracity and completeness of the
  249  information submitted pursuant to this rule; certify that no
  250  compensation has been omitted from this report by deeming such
  251  compensation as “consulting services,” “media services,”
  252  “professional services,” or anything other than compensation;
  253  and certify that no officer or employee of the firm has made an
  254  expenditure in violation of s. 11.045, Florida Statutes.
  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  
  261       Category (dollars)         Dollar amount to use aggregating    
  262  0                           0                                       
  263  1-9,999                     5,000                                   
  264  10,000-19,999               15,000                                  
  265  20,000-29,999               25,000                                  
  266  30,000–39,999               35,000                                  
  267  40,000-49,999               45,000                                  
  268  50,000 or more              Actual amount reported                  
  269         (3) The compensation reports shall be filed no later than
  270  45 days after the end of each reporting period. The four
  271  reporting periods are from January 1 through March 31, April 1
  272  through June 30, July 1 through September 30, and October 1
  273  through December 31, respectively. The reports shall be rendered
  274  in the identical form provided by the respective houses and
  275  shall be open to public inspection.
  276         (4) A report filed pursuant to this rule must be completed
  277  and filed through the LRCRS not later than 11:59 p.m. of the day
  278  designated in subsection (3). A report not filed by 11:59 p.m.
  279  of the day designated is a late-filed report and is subject to
  280  the penalties under Joint Rule 1.5(1).
  281         (5) Each person given secure sign-on credentials in the
  282  LRCRS is responsible for protecting the credentials from
  283  disclosure and is responsible for all filings made by use of
  284  such credentials, unless and until the Office is notified that
  285  the person’s credentials have been compromised. Each report
  286  filed by electronic means pursuant to this rule shall be deemed
  287  certified in accordance with paragraph (1)(d) by the person
  288  given the secure sign-on credentials and, as such, subjects the
  289  person and the lobbying firm to the provisions of s. 11.045(8),
  290  Florida Statutes, as well as any discipline provided under the
  291  rules of the Senate or House of Representatives.
  292         (6) If the President of the Senate and the Speaker of the
  293  House of Representatives jointly declare that the electronic
  294  system is not operable, the reports shall be filed in accordance
  295  with instructions on the LRCRS website which will be posted for
  296  a reasonable period of time.
  297  
  298  1.5—Failure to File Timely Compensation Report; Notice and
  299  Assessment of Fines; Appeals
  300         (1) Upon determining that the report is late, the LRCRS
  301  shall immediately notify the lobbying firm by e-mail as to the
  302  failure to timely file the report and that a fine is being
  303  assessed for each late day. The fine shall be $50 per day per
  304  report for each late day, not to exceed $5,000 per report.
  305         (2) Upon submittal of the late-filed report by the lobbying
  306  firm, the LRCRS shall determine the amount of the fine based on
  307  the submittal date shown in the electronic receipt issued by the
  308  LRCRS.
  309         (3) Such fine shall be paid within 30 days after the notice
  310  of payment due is transmitted by the LRCRS, unless an appeal is
  311  made to the LRO. The moneys shall be deposited into the
  312  Legislative Lobbyist Registration Trust Fund.
  313         (4) A fine may not be assessed against a lobbying firm the
  314  first time the report for which the lobbying firm is responsible
  315  is not timely filed. However, to receive the one-time fine
  316  waiver, the report for which the lobbying firm is responsible
  317  must be filed within 30 days after the notice of failure to file
  318  is transmitted by the LRCRS. A fine shall be assessed for all
  319  subsequent late-filed reports.
  320         (5) Any lobbying firm may appeal or dispute a fine, based
  321  upon unusual circumstances surrounding the failure to file on
  322  the designated due date, and may request and shall be entitled
  323  to a hearing before the General Counsel of the Office of
  324  Legislative Services, who shall recommend to the President of
  325  the Senate and the Speaker of the House of Representatives, or
  326  their respective designees, that the fine be waived in whole or
  327  in part for good cause shown. The President of the Senate and
  328  the Speaker of the House of Representatives, or their respective
  329  designees, may, by joint agreement, concur in the recommendation
  330  and waive the fine in whole or in part. Any such request shall
  331  be made within 30 days after the notice of payment due is
  332  transmitted by the LRCRS. In such case, the lobbying firm shall,
  333  within the 30-day period, notify the LRO in writing of the
  334  firm’s intention to request a hearing.
  335         (6) A lobbying firm may request that the filing of a report
  336  be waived upon good cause shown, based on unusual circumstances.
  337  The request must be filed with the General Counsel of the Office
  338  of Legislative Services, who shall make a recommendation
  339  concerning the waiver request to the President of the Senate and
  340  the Speaker of the House of Representatives. The President of
  341  the Senate and the Speaker of the House of Representatives may,
  342  by joint agreement, grant or deny the request.
  343         (7)(a) All lobbyist registrations for lobbyists who are
  344  partners, owners, officers, or employees of a lobbying firm that
  345  fails to timely pay a fine are automatically suspended until the
  346  fine is paid or waived and all late reports have been filed or
  347  waived. The LRO shall promptly notify all affected principals,
  348  the President of the Senate, and the Speaker of the House of
  349  Representatives of any suspension or reinstatement. All
  350  lobbyists who are partners, owners, officers, or employees of a
  351  lobbying firm are jointly and severally liable for any
  352  outstanding fine owed by a lobbying firm.
  353         (b) Such lobbyist may not be reinstated in any capacity
  354  representing any principal until the fine is paid and all late
  355  reports have been filed or waived or until the fine is waived as
  356  to that lobbyist and all late reports for that lobbyist have
  357  been filed or waived. A suspended lobbyist may request a waiver
  358  upon good cause shown, based on unusual circumstances. The
  359  request must be filed with the General Counsel of the Office of
  360  Legislative Services who shall, as soon as practicable, make a
  361  recommendation concerning the waiver request to the President of
  362  the Senate and the Speaker of the House of Representatives. The
  363  President of the Senate and the Speaker of the House of
  364  Representatives may, by joint agreement, grant or deny the
  365  request.
  366         (8) The LRO shall notify the coordinator of the Office of
  367  the failure of a lobbying firm to file a report after notice or
  368  of the failure of a lobbying firm to pay the fine imposed.
  369  
  370  1.6—Open Records; Internet Publication of Registrations and
  371  Compensation Reports
  372         (1) All of the lobbyist registration forms and compensation
  373  reports received by the LRO shall be available for public
  374  inspection and for duplication at reasonable cost.
  375         (2) The LRO shall make information filed pursuant to Joint
  376  Rules 1.2 and 1.4 reasonably available on the Internet in an
  377  easily understandable and accessible format through the LRCRS.
  378  The LRCRS must include, but not be limited to including, the
  379  names and business addresses of lobbyists, lobbying firms, and
  380  principals; the affiliations between lobbyists and principals;
  381  and the classification system designated and identified with
  382  respect to principals pursuant to Joint Rule 1.2.
  383  
  384  1.7—Records Retention and Inspection and Complaint Procedure
  385         (1) Each lobbying firm and each principal shall preserve
  386  for a period of 4 years all accounts, bills, receipts, computer
  387  records, books, papers, and other documents and records
  388  necessary to substantiate compensation reports and registration
  389  documentation.
  390         (2) Upon receipt of a complaint based on the personal
  391  knowledge of the complainant made pursuant to the Senate Rules
  392  or the Rules of the House of Representatives, any such documents
  393  and records may be inspected when authorized by the President of
  394  the Senate or the Speaker of the House of Representatives, as
  395  applicable. The person authorized to perform the inspection
  396  shall be designated in writing and shall be a member of The
  397  Florida Bar or a certified public accountant licensed in
  398  Florida. Any information obtained by such an inspection may only
  399  be used for purposes authorized by law, Joint Rule One, the
  400  Senate Rules, or the Rules of the House of Representatives,
  401  which purposes may include the imposition of sanctions against a
  402  person subject to Joint Rule One, the Senate Rules, or the Rules
  403  of the House of Representatives. Any employee who uses that
  404  information for an unauthorized purpose is subject to
  405  discipline. Any member who uses that information for an
  406  unauthorized purpose is subject to discipline under the
  407  applicable rules of each house.
  408         (3) The right of inspection may be enforced by appropriate
  409  writ issued by any court of competent jurisdiction.
  410  
  411  1.8—Questions Regarding Interpretation of Joint Rule One
  412         (1) A person may request in writing an informal opinion
  413  from the General Counsel of the Office of Legislative Services
  414  as to the application of Joint Rule One to a specific situation
  415  involving that person’s conduct. The General Counsel shall issue
  416  the opinion within 10 days after receiving the request. The
  417  informal opinion may be relied upon by the person who requested
  418  the informal opinion. A copy of each informal opinion that is
  419  issued shall be provided to the presiding officer of each house.
  420  A committee of either house designated pursuant to section
  421  11.045(5), Florida Statutes, may revise any informal opinion
  422  rendered by the General Counsel through an advisory opinion to
  423  the person who requested the informal opinion. The advisory
  424  opinion shall supersede the informal opinion as of the date the
  425  advisory opinion is issued.
  426         (2) A person in doubt about the applicability or
  427  interpretation of Joint Rule One with respect to that person’s
  428  conduct may submit in writing the facts for an advisory opinion
  429  to the committee of either house designated pursuant to s.
  430  11.045(5), Florida Statutes, and may appear in person before the
  431  committee in accordance with s. 11.045(5), Florida Statutes.
  432  
  433  1.9—Effect of Readoption and Revision
  434  All obligations existing under Joint Rule One as of the last day
  435  of the previous legislative biennium are hereby ratified,
  436  preserved, and reimposed pursuant to the terms thereof as of
  437  that date. The provisions of Joint Rule One are imposed
  438  retroactively to the first day of the present legislative
  439  biennium except that provisions new to this revision are
  440  effective on the date of adoption or as otherwise expressly
  441  provided herein.
  442  
  443         Joint Rule Two—General Appropriations Review Period       
  444  
  445  2.1—General Appropriations and Related Bills; Review Periods
  446         (1) A general appropriations bill shall be subject to a 72
  447  hour public review period before a vote is taken on final
  448  passage of the bill in the form that will be presented to the
  449  Governor.
  450         (2) If a bill is returned to the house in which the bill
  451  originated and the originating house does not concur in all the
  452  amendments or adds additional amendments, no further action
  453  shall be taken on the bill by the nonoriginating house, and a
  454  conference committee shall be established by operation of this
  455  rule to consider the bill.
  456         (3) If a bill is referred to a conference committee by
  457  operation of this rule, a 72-hour public review period shall be
  458  provided prior to a vote being taken on the conference committee
  459  report by either house.
  460         (4) A copy of the bill, a copy of the bill with amendments
  461  adopted by the nonoriginating house, or the conference committee
  462  report shall be furnished to each member of the Legislature, the
  463  Governor, the Chief Justice of the Supreme Court, and each
  464  member of the Cabinet. Copies for the Governor, Chief Justice,
  465  and members of the Cabinet shall be furnished to the official’s
  466  office in the Capitol or Supreme Court Building.
  467         (5)(a) Copies required to be furnished under subsection (4)
  468  shall be furnished to members of the Legislature as follows:
  469         1. A printed copy may be placed on each member’s desk in
  470  the appropriate chamber; or
  471         2. An electronic copy may be furnished to each member. The
  472  Legislature hereby deems and determines that a copy shall have
  473  been furnished to the members of the Legislature when an
  474  electronic copy is made available to every member of the
  475  Legislature. An electronic copy is deemed to have been made
  476  available when it is accessible via the Internet or other
  477  information network consisting of systems ordinarily serving the
  478  members of the Senate or the House of Representatives.
  479         (b) An official other than a member of the Legislature who
  480  is to be furnished a copy of a general appropriations bill under
  481  subsection (4) may officially request that an electronic copy of
  482  the bill be furnished in lieu of a printed copy, and, if
  483  practicable, the copy may be furnished to the official in the
  484  manner requested.
  485         (6) The Secretary of the Senate shall be responsible for
  486  furnishing copies under this rule for Senate bills, House bills
  487  as amended by the Senate, and conference committee reports on
  488  Senate bills. The Clerk of the House shall be responsible for
  489  furnishing copies under this rule for House bills, Senate bills
  490  as amended by the House, and conference committee reports on
  491  House bills.
  492         (7) The 72-hour public review period shall begin to run
  493  upon completion of the furnishing of copies required to be
  494  furnished under subsection (4). The Speaker of the House of
  495  Representatives and the President of the Senate, as appropriate,
  496  shall be informed of the completion time, and such time shall be
  497  announced on the floor prior to vote on final passage in each
  498  house and shall be entered in the journal of each house.
  499  Saturdays, Sundays, and holidays shall be included in the
  500  computation under this rule.
  501         (8) An implementing or conforming bill recommended by a
  502  conference committee shall be subject to a 24-hour public review
  503  period before a vote is taken on the conference committee report
  504  by either house, if the conference committee submits its report
  505  after the furnishing of a general appropriations bill to which
  506  the 72-hour public review period applies.
  507         (9) With respect to each bill that may be affected, a
  508  member of the Senate or the House of Representatives may not
  509  raise a point of order under this rule after a vote is taken on
  510  the bill. Except as may be required by the Florida Constitution,
  511  noncompliance with any requirement of this rule may be waived by
  512  a two-thirds vote of those members present and voting in each
  513  house.
  514  
  515  2.2—General Appropriations and Related Bills; Definitions
  516  As used in Joint Rule Two, the term:
  517         (1) “Conforming bill” means a bill that amends the Florida
  518  Statutes to conform to a general appropriations bill.
  519         (2) “General appropriations bill” means a bill that
  520  provides for the salaries of public officers and other current
  521  expenses of the state and contains no subject other than
  522  appropriations. A bill that contains appropriations that are
  523  incidental and necessary solely to implement a substantive law
  524  is not included within this term. For the purposes of Joint Rule
  525  Two and Section 19(d) of Article III of the Florida
  526  Constitution, the Legislature hereby determines that, after a
  527  general appropriations bill has been enacted and establishes
  528  governing law for a particular fiscal year, a bill considered in
  529  any subsequent session that makes net reductions in such enacted
  530  appropriations or that makes supplemental appropriations shall
  531  not be deemed to be a general appropriations bill unless such
  532  bill provides for the salaries of public officers and other
  533  current expenses of the state for a subsequent fiscal year.
  534         (3) “Implementing bill” means a bill, effective for one
  535  fiscal year, implementing a general appropriations bill.
  536  
  537             Joint Rule Three—Joint Offices and Policies           
  538  
  539  3.1—Joint Legislative Offices
  540         (1) The following offices of the Legislature are
  541  established:
  542         (a) Office of Economic and Demographic Research.
  543         (b) Office of Legislative Information Technology Services.
  544         (c) Office of Legislative Services.
  545         (d) Office of Program Policy Analysis and Government
  546  Accountability.
  547         (2) Offices established under this rule shall provide
  548  support services to the Legislature that are determined by the
  549  President of the Senate and the Speaker of the House of
  550  Representatives to be necessary and that can be effectively
  551  provided jointly to both houses and other units of the
  552  Legislature. Each office shall be directed by a coordinator
  553  selected by and serving at the pleasure of the President of the
  554  Senate and the Speaker of the House of Representatives. Upon the
  555  initial adoption of these joint rules in a biennium, each
  556  coordinator position shall be deemed vacant until an appointment
  557  is made.
  558         (3) Within the monetary limitations of the approved
  559  operating budget, the salaries and expenses of the coordinator
  560  and the staff of each office shall be governed by joint
  561  policies.
  562         (4) The Office of Legislative Services shall provide
  563  legislative support services other than those prescribed in
  564  subsections (5)-(7).
  565         (5) The Office of Legislative Information Technology
  566  Services shall provide support services to assist the
  567  Legislature in achieving its objectives through the application
  568  of cost-effective information technology.
  569         (6) The Office of Economic and Demographic Research shall
  570  provide research support services, principally regarding
  571  forecasting economic and social trends that affect policymaking,
  572  revenues, and appropriations.
  573         (7) The Office of Program Policy Analysis and Government
  574  Accountability shall:
  575         (a) Perform independent examinations, program reviews, and
  576  other projects as provided by general law, as provided by
  577  concurrent resolution, as directed by the Legislative Auditing
  578  Committee, or as directed by the President of the Senate or the
  579  Speaker of the House and shall provide recommendations,
  580  training, or other services to assist the Legislature.
  581         (b) Transmit to the President of the Senate and the Speaker
  582  of the House of Representatives, by December 1 of each year, a
  583  list of statutory and fiscal changes recommended by office
  584  reports. The recommendations shall be presented in two
  585  categories: one addressing substantive law and policy issues and
  586  the other addressing budget issues.
  587  
  588  3.2—Joint Policies
  589         (1) The President of the Senate and the Speaker of the
  590  House of Representatives shall jointly adopt policies they
  591  consider advisable to carry out the functions of the
  592  Legislature. Such policies shall be binding on all employees of
  593  joint offices and joint committees.
  594         (2) The employees of all joint committees and joint
  595  legislative offices shall be under the exclusive control of the
  596  Legislature. No officer or agency in the executive or judicial
  597  branch shall exercise any manner of control over legislative
  598  employees with respect to the exercise of their duties or the
  599  terms and conditions of their employment.
  600  
  601                  Joint Rule Four—Joint Committees                 
  602  
  603  4.1—Standing Joint Committees
  604         (1) The following standing joint committees are
  605  established:
  606         (a) Administrative Procedures Committee.
  607         (b) Committee on Public Counsel Oversight.
  608         (c) Legislative Auditing Committee.
  609         (2) No other joint committee shall exist except as agreed
  610  to by the presiding officers or by concurrent resolution
  611  approved by the Senate and the House of Representatives.
  612         (3) Appointments to each standing joint committee shall be
  613  made or altered and vacancies shall be filled by the Senate and
  614  the House of Representatives in accordance with their respective
  615  rules. There shall be appointed to each standing joint committee
  616  no fewer than five and no more than seven members from each
  617  house.
  618         (4)(a) The President of the Senate shall appoint a member
  619  of the Senate to serve as the chair, and the Speaker of the
  620  House of Representatives shall appoint a member of the House of
  621  Representatives to serve as the vice chair, for:
  622         1. The Legislative Auditing Committee and the Committee on
  623  Public Counsel Oversight, for the period from the Organization
  624  Session until noon on December 1 of the calendar year following
  625  the general election.
  626         2. The Administrative Procedures Committee for the period
  627  from noon on December 1 of the calendar year following the
  628  general election until the next general election.
  629         (b) The Speaker of the House of Representatives shall
  630  appoint a member of the House of Representatives to serve as the
  631  chair, and the President of the Senate shall appoint a member of
  632  the Senate to serve as the vice chair, for:
  633         1. The Legislative Auditing Committee and the Committee on
  634  Public Counsel Oversight, for the period from noon on December 1
  635  of the calendar year following the general election until the
  636  next general election.
  637         2. The Administrative Procedures Committee for the period
  638  from the Organization Session until noon on December 1 of the
  639  calendar year following the general election.
  640         (c) A vacancy in an appointed chair or vice chair shall be
  641  filled in the same manner as the original appointment.
  642  
  643  4.2—Procedures in Joint Committees
  644  The following rules shall govern procedures in joint committees
  645  other than conference committees:
  646         (1) A quorum for a joint committee shall be a majority of
  647  the appointees of each house. No business of any type may be
  648  conducted in the absence of a quorum.
  649         (2)(a) Joint committees shall meet only within the dates,
  650  times, and locations authorized by both the President of the
  651  Senate and the Speaker of the House of Representatives.
  652         (b) Joint committee meetings shall meet at the call of the
  653  chair. In the absence of the chair, the vice chair shall assume
  654  the duty to convene and preside over meetings and such other
  655  duties as provided by law or joint rule. During a meeting
  656  properly convened, the presiding chair may temporarily assign
  657  the duty to preside at that meeting to another joint committee
  658  member until the assignment is relinquished or revoked.
  659         (c) Before any joint committee may hold a meeting, a notice
  660  of such meeting shall be provided to the Secretary of the Senate
  661  and the Clerk of the House of Representatives no later than 4:30
  662  p.m. of the 7th day before the meeting. For purposes of
  663  effecting notice to members of the house to which the chair does
  664  not belong, notice to the Secretary of the Senate shall be
  665  deemed notice to members of the Senate and notice to the Clerk
  666  of the House shall be deemed notice to members of the House of
  667  Representatives. Noticed meetings may be canceled by the chair
  668  with the approval of at least one presiding officer.
  669         (d) If a majority of its members from each house agree, a
  670  joint committee may continue a properly noticed meeting after
  671  the expiration of the time called for the meeting. However, a
  672  joint committee may not meet beyond the time authorized by the
  673  presiding officers without special leave granted by both
  674  presiding officers.
  675         (3) The presiding officers shall interpret, apply, and
  676  enforce rules governing joint committees by agreement when the
  677  rule at issue is a joint rule. Unless otherwise determined or
  678  overruled by an agreement of the presiding officers, the chair
  679  shall determine all questions of order arising in joint
  680  committee meetings, but such determinations may be appealed to
  681  the committee during the meeting.
  682         (4) Each question, including any appeal of a ruling of the
  683  chair, shall be decided by a majority vote of the members of the
  684  joint committee of each house present and voting.
  685  
  686  4.3—Powers of Joint Committees
  687         (1) A joint committee may exercise the subpoena powers
  688  vested by law in a standing committee of the Legislature. A
  689  subpoena issued under this rule must be approved and signed by
  690  the President of the Senate and the Speaker of the House of
  691  Representatives and attested by the Secretary of the Senate and
  692  the Clerk of the House.
  693         (2) A joint committee may adopt rules of procedure that do
  694  not conflict with the Florida Constitution or any law or joint
  695  rule, subject to the joint approval of the President of the
  696  Senate and the Speaker of the House of Representatives.
  697         (3) A joint committee may not create subcommittees or
  698  workgroups unless authorized by both presiding officers.
  699  
  700  4.4—Administration of Joint Committees
  701         (1) Within the monetary limitations of the approved
  702  operating budget, the expenses of the members and the salaries
  703  and expenses of the staff of each joint committee shall be
  704  governed by joint policies adopted under Joint Rule 3.2. Within
  705  such operating budget, the chair of each joint committee shall
  706  approve all authorized member expenses.
  707         (2) Subject to joint policies adopted under Joint Rule 3.2,
  708  the presiding officers shall appoint and remove the staff
  709  director and, if needed, a general counsel and any other staff
  710  necessary to assist each joint committee. All joint committee
  711  staff shall serve at the pleasure of the presiding officers.
  712  Upon the initial adoption of these joint rules in a biennium,
  713  each joint committee staff director position shall be deemed
  714  vacant until an appointment is made.
  715  
  716  4.5—Special Powers and Duties of the Legislative Auditing
  717  Committee
  718         (1) The Legislative Auditing Committee may direct the
  719  Auditor General or the Office of Program Policy Analysis and
  720  Government Accountability to conduct an audit, review, or
  721  examination of any entity or record described in s. 11.45(2) or
  722  (3), Florida Statutes.
  723         (2) The Legislative Auditing Committee may receive requests
  724  for audits and reviews from legislators and any audit request,
  725  petition for audit, or other matter for investigation directed
  726  or referred to it pursuant to general law. The committee may
  727  make any appropriate disposition of such requests or referrals
  728  and shall, within a reasonable time, report to the requesting
  729  party the disposition of any audit request.
  730         (3) The Legislative Auditing Committee may review the
  731  performance of the Auditor General and report thereon to the
  732  Senate and the House of Representatives.
  733  
  734  4.6—Special Powers and Duties of the Administrative Procedures
  735  Committee
  736  The Administrative Procedures Committee shall:
  737         (1) Maintain a continuous review of the statutory authority
  738  on which each administrative rule is based and, whenever such
  739  authority is eliminated or significantly changed by repeal,
  740  amendment, holding by a court of last resort, or other factor,
  741  advise the agency concerned of the fact.
  742         (2) Maintain a continuous review of administrative rules
  743  and identify and request an agency to repeal any rule or any
  744  provision of any rule that reiterates or paraphrases any statute
  745  or for which the statutory authority has been repealed.
  746         (3) Review administrative rules and advise the agencies
  747  concerned of its findings.
  748         (4) Exercise the duties prescribed by chapter 120, Florida
  749  Statutes, concerning the adoption and promulgation of rules.
  750         (5) Generally review agency action pursuant to the
  751  operation of chapter 120, Florida Statutes, the Administrative
  752  Procedure Act.
  753         (6) Report to the President of the Senate and the Speaker
  754  of the House of Representatives at least annually, no later than
  755  the first week of the regular session, and recommend needed
  756  legislation or other appropriate action. Such report shall
  757  include the number of objections voted by the committee, the
  758  number of suspensions recommended by the committee, the number
  759  of administrative determinations filed on the invalidity of a
  760  proposed or existing rule, the number of petitions for judicial
  761  review filed on the invalidity of a proposed or existing rule,
  762  and the outcomes of such actions. Such report shall also include
  763  any recommendations provided to the standing committees during
  764  the preceding year under subsection (11).
  765         (7) Consult regularly with legislative standing committees
  766  that have jurisdiction over the subject areas addressed in
  767  agency proposed rules regarding legislative authority for the
  768  proposed rules and other matters relating to legislative
  769  authority for agency action.
  770         (8) Subject to the approval of the President of the Senate
  771  and the Speaker of the House of Representatives, have standing
  772  to seek judicial review, on behalf of the Legislature or the
  773  citizens of this state, of the validity or invalidity of any
  774  administrative rule to which the committee has voted an
  775  objection and that has not been withdrawn, modified, repealed,
  776  or amended to meet the objection. Judicial review under this
  777  subsection may not be initiated until the Governor and the head
  778  of the agency making the rule to which the committee has
  779  objected have been notified of the committee’s proposed action
  780  and have been given a reasonable opportunity, not to exceed 60
  781  days, for consultation with the committee. The committee may
  782  expend public funds from its appropriation for the purpose of
  783  seeking judicial review.
  784         (9) Maintain a continuous review of the administrative
  785  rulemaking process, including a review of agency procedure and
  786  of complaints based on such agency procedure.
  787         (10) Establish measurement criteria to evaluate whether
  788  agencies are complying with the delegation of legislative
  789  authority in adopting and implementing rules.
  790         (11) Maintain a continuous review of statutes that
  791  authorize agencies to adopt rules and shall make recommendations
  792  to the appropriate standing committees of the Senate and the
  793  House of Representatives as to the advisability of considering
  794  changes to the delegated legislative authority to adopt rules in
  795  specific circumstances.
  796  
  797  4.7—Special Powers and Duties of the Committee on Public Counsel
  798  Oversight
  799         (1) The Committee on Public Counsel Oversight shall appoint
  800  a Public Counsel.
  801         (2) The Committee on Public Counsel Oversight may file a
  802  complaint with the Commission on Ethics alleging a violation of
  803  chapter 350, Florida Statutes, by a current or former public
  804  service commissioner, an employee of the Public Service
  805  Commission, or a member of the Public Service Commission
  806  Nominating Council.
  807         (3) Notwithstanding Joint Rule 4.4(2), the Committee on
  808  Public Counsel Oversight shall not have any permanent staff but
  809  shall be served as needed by other legislative staff selected by
  810  the President of the Senate and the Speaker of the House of
  811  Representatives.
  812  
  813                   Joint Rule Five—Auditor General                 
  814  
  815  5.1—Rulemaking Authority
  816  The Auditor General shall make and enforce reasonable rules and
  817  regulations necessary to facilitate audits that he or she is
  818  authorized to perform.
  819  
  820  5.2—Budget and Accounting
  821         (1) The Auditor General shall prepare and submit annually
  822  to the President of the Senate and the Speaker of the House of
  823  Representatives for their joint approval a proposed budget for
  824  the ensuing fiscal year.
  825         (2) Within the limitations of the approved operating
  826  budget, the salaries and expenses of the Auditor General and the
  827  staff of the Auditor General shall be paid from the
  828  appropriation for legislative expense or any other moneys
  829  appropriated by the Legislature for that purpose. The Auditor
  830  General shall approve all bills for salaries and expenses for
  831  his or her staff before the same shall be paid.
  832  
  833  5.3—Audit Report Distribution
  834         (1) A copy of each audit report shall be submitted to the
  835  Governor, to the Chief Financial Officer, and to the officer or
  836  person in charge of the state agency or political subdivision
  837  audited. One copy shall be filed as a permanent public record in
  838  the office of the Auditor General. In the case of county
  839  reports, one copy of the report of each county office, school
  840  district, or other district audited shall be submitted to the
  841  board of county commissioners of the county in which the audit
  842  was made and shall be filed in the office of the clerk of the
  843  circuit court of that county as a public record. When an audit
  844  is made of the records of the district school board, a copy of
  845  the audit report shall also be filed with the district school
  846  board, and thereupon such report shall become a part of the
  847  public records of such board.
  848         (2) A copy of each audit report shall be made available to
  849  each member of the Legislative Auditing Committee.
  850         (3) The Auditor General shall transmit a copy of each audit
  851  report to the appropriate substantive and fiscal committees of
  852  the Senate and House of Representatives.
  853         (4) Other copies may be furnished to other persons who, in
  854  the opinion of the Auditor General, are directly interested in
  855  the audit or who have a duty to perform in connection therewith.
  856         (5) The Auditor General shall transmit to the President of
  857  the Senate and the Speaker of the House of Representatives, by
  858  December 1 of each year, a list of statutory and fiscal changes
  859  recommended by audit reports. The recommendations shall be
  860  presented in two categories: one addressing substantive law and
  861  policy issues and the other addressing budget issues. The
  862  Auditor General may also transmit recommendations at other times
  863  of the year when the information would be timely and useful for
  864  the Legislature.
  865         (6) A copy required to be provided under this rule may be
  866  provided in an electronic or other digital format if the Auditor
  867  General determines that the intended recipient has appropriate
  868  resources to review the copy. Copies to members, committees, and
  869  offices of the Legislature shall be provided in electronic
  870  format as may be provided in joint policies adopted under Joint
  871  Rule 3.2.
  872  
  873         Joint Rule Six—Joint Legislative Budget Commission        
  874  
  875  6.1—General Responsibilities
  876         (1) The commission, as provided in chapter 216, Florida
  877  Statutes, shall receive and review notices of budget and
  878  personnel actions taken or proposed to be taken by the executive
  879  and judicial branches and shall approve or disapprove such
  880  actions.
  881         (2) Through its chair, the commission shall advise the
  882  Governor and the Chief Justice of actions or proposed actions
  883  that exceed delegated authority or that are contrary to
  884  legislative policy and intent.
  885         (3) To the extent possible, the commission shall inform
  886  members of the Legislature of budget amendments requested by the
  887  executive or judicial branches.
  888         (4) The commission shall consult with the Chief Financial
  889  Officer and the Executive Office of the Governor on matters as
  890  required by chapter 216, Florida Statutes.
  891         (5) The President of the Senate and the Speaker of the
  892  House of Representatives may jointly assign other
  893  responsibilities to the commission in addition to those assigned
  894  by law.
  895         (6) The commission shall develop policies and procedures
  896  necessary to carry out its assigned responsibilities, subject to
  897  the joint approval of the President of the Senate and the
  898  Speaker of the House of Representatives.
  899         (7) The commission, with the approval of the President of
  900  the Senate and the Speaker of the House of Representatives, may
  901  appoint subcommittees as necessary to facilitate its work.
  902  
  903  6.2—Organizational Structure
  904         (1) The commission is not subject to Joint Rule Four. The
  905  commission shall be composed of seven members of the Senate
  906  appointed by the President of the Senate and seven members of
  907  the House of Representatives appointed by the Speaker of the
  908  House of Representatives.
  909         (2) The commission shall be jointly staffed by the
  910  appropriations committees of both houses. The Senate shall
  911  provide the lead staff when the chair of the commission is a
  912  member of the Senate. The House of Representatives shall provide
  913  the lead staff when the chair of the commission is a member of
  914  the House of Representatives.
  915  
  916  6.3—Notice of Commission Meetings
  917  Not less than 7 days prior to a meeting of the commission, a
  918  notice of the meeting, stating the items to be considered, date,
  919  time, and place, shall be filed with the Secretary of the Senate
  920  when the chair of the commission is a member of the Senate or
  921  with the Clerk of the House when the chair of the commission is
  922  a member of the House of Representatives. The Secretary of the
  923  Senate or the Clerk of the House shall distribute notice to the
  924  Legislature and the public, consistent with the rules and
  925  policies of their respective houses.
  926  
  927  6.4—Effect of Adoption; Intent
  928  This Joint Rule Six replaces all prior joint rules governing the
  929  Joint Legislative Budget Commission and is intended to implement
  930  constitutional provisions relating to the Joint Legislative
  931  Budget Commission existing as of the date of the rule’s
  932  adoption.
  933  
  934             Joint Rule Seven—Qualifications of Members            
  935  
  936  7.1—Residency
  937         (1) A member shall be a legal resident and elector of his
  938  or her district at the time of election and shall maintain his
  939  or her legal residence within that district for the duration of
  940  his or her term of office. While a member may have multiple
  941  residences, he or she shall have only one legal residence. The
  942  legal residence of a member at a designated location is
  943  demonstrated by a totality of the circumstances. Factors to be
  944  considered include, but are not limited to:
  945         (a) Where one claims to reside, as reflected in statements
  946  to others or in official documents;
  947         (b) The abandonment of a prior legal residence, as
  948  evidenced by moving from or selling a prior legal residence;
  949         (c) The abandonment of rights and privileges associated
  950  with a prior legal residence;
  951         (d) Where one is registered as a voter;
  952         (e) Where one claims a legal residence for a homestead
  953  exemption;
  954         (f) Where one claims a legal residence for a driver license
  955  or other government privilege or benefit;
  956         (g) The transfer of one’s bank accounts to the district
  957  where one maintains a legal residence;
  958         (h) Where one’s spouse and minor children maintain a legal
  959  residence, work, and attend school;
  960         (i) Where one receives mail and other correspondence;
  961         (j) Where one customarily resides;
  962         (k) Where one conducts business affairs;
  963         (l) Where one rents or leases property; and
  964         (m) Where one plans the construction of a new legal
  965  residence.
  966         (2) In accordance with Section 3 of Article X of the
  967  Florida Constitution, a vacancy in office occurs when a member
  968  fails to maintain a legal residence within his or her district
  969  as required at the time of election.
  970         (3) In accordance with Section 2 of Article III of the
  971  Florida Constitution, each house of the Legislature shall be the
  972  sole judge of the qualifications of its members, including
  973  whether a member no longer satisfies his or her qualifications
  974  for office.
  975         (4) Each member shall affirm in writing that he or she is a
  976  legal resident and elector of his or her district based on the
  977  provisions of this Joint Rule. Each member shall file the
  978  written affirmation with the Secretary of the Senate or the
  979  Clerk of the House of Representatives before the convening of
  980  Organization Session following each general election. For a
  981  member who is elected pursuant to a special election, the member
  982  must execute the written affirmation before or concurrent with
  983  taking the oath of office and provide such affirmation to the
  984  Secretary of the Senate or the Clerk of the House of
  985  Representatives. The form of the written affirmation shall be
  986  prescribed by the Secretary of the Senate and the Clerk of the
  987  House of Representatives for members of their respective house
  988  of the Legislature.