2017 Legislature                                        SCR 1762
    2         A concurrent resolution amending Joint Rule 2 of the
    3         Joint Rules of the Florida Legislature for the 2016
    4         2018 term relating to budget conference committee
    5         rules.
    7         WHEREAS, each chamber may adopt rules or policies to govern
    8  its process for including appropriations projects in its version
    9  of the general appropriations bill, and
   10         WHEREAS, these joint rules acknowledge each chamber’s
   11  authority to establish a transparent budgetary process, and
   12         WHEREAS, such process should include some level of data
   13  collection, including direct responses of the entities involved
   14  with the appropriations projects, public testimony, and public
   15  dissemination of relevant information, NOW, THEREFORE,
   17  Be It Resolved by the Senate of the State of Florida, the House
   18  of Representatives Concurring:
   20         That Joint Rule 2 of the Joint Rules of the Florida
   21  Legislature is amended to read:
   23                           JOINT RULE TWO                          
   25                           COMMITTEE RULES                         
   27  2.1—General Appropriations and Related Bills; Review Periods
   28         (1) A general appropriations bill shall be subject to a 72
   29  hour public review period before a vote is taken on final
   30  passage of the bill in the form that will be presented to the
   31  Governor.
   32         (2) If a bill is returned to the house in which the bill
   33  originated and the originating house does not concur in all the
   34  amendments or adds additional amendments, no further action
   35  shall be taken on the bill by the nonoriginating house, and a
   36  conference committee shall be established by operation of this
   37  rule to consider the bill.
   38         (3) If a bill is referred to a conference committee by
   39  operation of this rule, a 72-hour public review period shall be
   40  provided prior to a vote being taken on the conference committee
   41  report by either house.
   42         (4) A copy of the bill, a copy of the bill with amendments
   43  adopted by the nonoriginating house, or the conference committee
   44  report shall be furnished to each member of the Legislature, the
   45  Governor, the Chief Justice of the Supreme Court, and each
   46  member of the Cabinet. Copies for the Governor, Chief Justice,
   47  and members of the Cabinet shall be furnished to the official’s
   48  office in the Capitol or Supreme Court Building.
   49         (5)(a) Copies required to be furnished under subsection (4)
   50  shall be furnished to members of the Legislature as follows:
   51         1. A printed copy may be placed on each member’s desk in
   52  the appropriate chamber; or
   53         2. An electronic copy may be furnished to each member. The
   54  Legislature hereby deems and determines that a copy shall have
   55  been furnished to the members of the Legislature when an
   56  electronic copy is made available to every member of the
   57  Legislature. An electronic copy is deemed to have been made
   58  available when it is accessible via the Internet or other
   59  information network consisting of systems ordinarily serving the
   60  members of the Senate or the House of Representatives.
   61         (b) An official other than a member of the Legislature who
   62  is to be furnished a copy of a general appropriations bill under
   63  subsection (4) may officially request that an electronic copy of
   64  the bill be furnished in lieu of a printed copy, and, if
   65  practicable, the copy may be furnished to the official in the
   66  manner requested.
   67         (6) The Secretary of the Senate shall be responsible for
   68  furnishing copies under this rule for Senate bills, House bills
   69  as amended by the Senate, and conference committee reports on
   70  Senate bills. The Clerk of the House shall be responsible for
   71  furnishing copies under this rule for House bills, Senate bills
   72  as amended by the House, and conference committee reports on
   73  House bills.
   74         (7) The 72-hour public review period shall begin to run
   75  upon completion of the furnishing of copies required to be
   76  furnished under subsection (4). The Speaker of the House of
   77  Representatives and the President of the Senate, as appropriate,
   78  shall be informed of the completion time, and such time shall be
   79  announced on the floor prior to vote on final passage in each
   80  house and shall be entered in the journal of each house.
   81  Saturdays, Sundays, and holidays shall be included in the
   82  computation under this rule.
   83         (8) An implementing or conforming bill recommended by a
   84  conference committee shall be subject to a 24-hour public review
   85  period before a vote is taken on the conference committee report
   86  by either house, if the conference committee submits its report
   87  after the furnishing of a general appropriations bill to which
   88  the 72-hour public review period applies.
   89         (9) With respect to each bill that may be affected, a
   90  member of the Senate or the House of Representatives may not
   91  raise a point of order under this rule after a vote is taken on
   92  the bill. Except as may be required by the Florida Constitution,
   93  noncompliance with any requirement of this rule may be waived by
   94  a two-thirds vote of those members present and voting in each
   95  house.
   97  2.2—General Appropriations and Related Bills; Definitions
   98  As used in Joint Rule Two, the term:
   99         (1) “Conforming bill” means a bill that amends the Florida
  100  Statutes to conform to a general appropriations bill.
  101         (2) “General appropriations bill” means a bill that
  102  provides for the salaries of public officers and other current
  103  expenses of the state and contains no subject other than
  104  appropriations. A bill that contains appropriations that are
  105  incidental and necessary solely to implement a substantive law
  106  is not included within this term. For the purposes of Joint Rule
  107  Two and Section 19(d) of Article III of the Florida
  108  Constitution, the Legislature hereby determines that, after a
  109  general appropriations bill has been enacted and establishes
  110  governing law for a particular fiscal year, a bill considered in
  111  any subsequent session that makes net reductions in such enacted
  112  appropriations or that makes supplemental appropriations shall
  113  not be deemed to be a general appropriations bill unless such
  114  bill provides for the salaries of public officers and other
  115  current expenses of the state for a subsequent fiscal year.
  116         (3) “Implementing bill” means a bill, effective for one
  117  fiscal year, implementing a general appropriations bill.
  118         (4)(a) “Appropriations project” means a specific
  119  appropriation, proviso, or item on a conference committee
  120  spreadsheet agreed to by House and Senate conferees providing
  121  funding for:
  122         1. A local government, private entity, or privately
  123  operated program, wherein the specific appropriation, proviso,
  124  or item on a conference committee spreadsheet specifically names
  125  the local government, private entity, or privately-operated
  126  program or the appropriation, proviso, or item is written in
  127  such a manner as to describe a particular local government,
  128  private entity, or privately-operated program;
  129         2. A specific transportation facility that was not part of
  130  the Department of Transportation’s 5-year work program submitted
  131  pursuant to s. 339.135, Florida Statutes;
  132         3. An education fixed capital outlay project that was not
  133  submitted pursuant to s. 1013.60 or s. 1013.64, Florida
  134  Statutes, unless funds for the specific project were
  135  appropriated by the Legislature in a prior year and additional
  136  funds are needed to complete the project as originally proposed;
  137         4. A specified program, research initiative, institute,
  138  center, or similar entity at a specific state college or
  139  university, unless recommended by the Board of Governors or the
  140  State Board of Education in their Legislative Budget Request; or
  141         5. A local water project.
  142         (b) The term does not include an appropriation that:
  143         1. Is specifically authorized by statute;
  144         2. Is part of a statewide distribution to local
  145  governments; or
  146         3. Was recommended by a commission, council, or other
  147  similar entity created in statute to make annual funding
  148  recommendations, provided that such appropriation does not
  149  exceed the amount of funding recommended by the commission,
  150  council, or other similar entity.
  152  2.3—Budget Conference Committee Rules
  153         (1) For an appropriations project to be included in a
  154  conference committee report:
  155         (a) The appropriations project must be included in a bill
  156  or an amendment placed into a budget conference; and
  157         (b) Information required by subsections (2) and (3)
  158  relating to the appropriations project must have been in writing
  159  and published online prior to the passage by that chamber of the
  160  bill or amendment which was placed into a budget conference.
  161         (2) The information collected must include:
  162         (a) A descriptive title of the appropriations project.
  163         (b) The date of the submission.
  164         (c) The name of the submitting member.
  165         (d) The most recent year in which the appropriations
  166  project received state funding, if applicable.
  167         (e) Whether the most recent funding for the project had
  168  been vetoed.
  169         (f) The amount of the nonrecurring request.
  170         (g) The amount of funding received in the prior year on a
  171  recurring or nonrecurring basis.
  172         (h) In what agency the project is best placed and whether
  173  the agency has been contacted.
  174         (i) The name of the organization or entity receiving the
  175  funds as well as a point of contact for the organization or
  176  entity.
  177         (j) The name of the registered lobbyist of the entity
  178  requesting the appropriations project.
  179         (k) Whether the organization to receive the funds is a for
  180  profit entity, a not-for-profit entity, a local entity, a state
  181  university or college, or other type of organization.
  182         (l) The specific purpose or goal that will be achieved by
  183  the funds requested.
  184         (m) The activities and services that will be provided to
  185  meet the intended purpose of these funds.
  186         (n) Specific descriptions of how the funds will be
  187  expended, including a description and the amounts to be expended
  188  on: administrative costs, itemized to include the salary of the
  189  executive director or project head, other salaries and benefits,
  190  expenses, and consultants, contractors, or studies; operational
  191  costs, itemized to include salaries and benefits, expenses, and
  192  consultants, contractors, or studies; and fixed capital outlay,
  193  itemized to include land purchase, planning, engineering,
  194  construction, and renovation.
  195         (o)The owner of the facility to receive, directly or
  196  indirectly, any fixed capital outlay funding, and the
  197  relationship between the owners of the facility and the entity.
  198         (p) A description of the direct services to be provided to
  199  citizens by the appropriations project, if applicable.
  200         (q) A description of the target population to be served and
  201  the number of individuals to be served by the appropriations
  202  project.
  203         (r) A description of the specific benefit or outcome,
  204  including the methodology by which this outcome will be
  205  measured.
  206         (s) The amount and percentage of federal, local, and state
  207  funds, excluding the funds requested for the appropriations
  208  project, or other matching funds available for the
  209  appropriations project.
  210         (t) How much additional nonrecurring funding is anticipated
  211  to be requested in future years by amount per year.
  212         (u) The suggested penalties that the contracting agency may
  213  consider in addition to its standard penalties for failing to
  214  meet deliverables or performance measures provided for in the
  215  contract.
  216         (3) With respect to an appropriations project that is also
  217  a local water project, the information collected must also
  218  include:
  219         (a) Whether alternative state funding such as the Waste
  220  Water Revolving Loan, Drinking Water Revolving Loan, Small
  221  Community Waste Water Drinking grant, or other funding has been
  222  requested.
  223         (b) Whether the project is for a financially disadvantaged
  224  community, as defined in chapter 62-552, Florida Administrative
  225  Code; a financially disadvantaged municipality; a rural area of
  226  critical economic concern; or a rural area of opportunity, as
  227  defined in s. 288.0656, Florida Statutes.
  228         (c) Whether the construction status is shovel-ready.
  229         (d) The percentage of construction completed and the
  230  estimated completion date.
  231         (4) Each chamber must collect the required information
  232  described in subsections (2) and (3) in the form and manner
  233  prescribed by that chamber.
  234         (5) The portion of an appropriations project which was
  235  funded with recurring funds in the most recently enacted general
  236  appropriations act is exempt from subsections (1), (2) and (3).
  237         (6) An appropriations project may only be funded with
  238  nonrecurring funds, except that the portion of an appropriations
  239  project which was funded with recurring funds as provided in
  240  subsection (5) may be continued with or without additional
  241  nonrecurring funds.
  242         (7) The nonrecurring funding of an appropriations project
  243  in the conference committee report may be less than, equal to,
  244  or greater than the funding for the appropriations project as
  245  originally committed to the conference committee.
  246         (8) An appropriations project that was not included in
  247  either chamber’s bill in accordance with subsections (1), (2)
  248  and (3) may not be included in a conference report.
  249         (9)(a) To be included in a conference committee report, all
  250  appropriations projects, except as otherwise provided in
  251  paragraph (b), must be clearly identified in the bill or
  252  amendment that will be considered by a conference committee and
  253  in any conference report.
  254         (b) An appropriations project funded with recurring funds
  255  in the most recently enacted general appropriation act that is
  256  not appropriated any additional funds is exempt from the
  257  provisions of paragraph (a).
  258         (10) The conference committee must allow for public
  259  testimony regarding appropriations projects at each noticed
  260  meeting.
  261         (11) Notwithstanding subsections (1),(2) and (3), and only
  262  for the 2017 regular, extended, and special session, the
  263  required information may be collected by either chamber.
  264  Information collected pursuant to House Rule 5.14 or the Senate
  265  local funding initiative request form prior to the adoption of
  266  this Joint Rule meets the requirements of this Joint Rule.
  267  Information collected subsequent to the adoption of this Joint
  268  Rule must meet the requirements of subsections (2) and (3).
  269         (12)Nothing in this rule shall limit either chamber’s
  270  ability to apply a stricter standard to its own bills prior to
  271  the commencement of conference proceedings. This Joint Rule
  272  applies to all conference committee reports related to the
  273  General Appropriations Act and supersedes either chamber’s rules
  274  that are contrary to or inconsistent with the provisions of this
  275  Joint Rule.