ENROLLED
2014 Legislature SCR 2-Org
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.