| 1 | House Resolution |
| 2 | A resolution establishing the Rules of the House of |
| 3 | Representatives of the State of Florida. |
| 4 |
|
| 5 | Be It Resolved by the House of Representatives of the State of |
| 6 | Florida: |
| 7 |
|
| 8 | That the following rules shall govern the House of |
| 9 | Representatives of the State of Florida for the Organization |
| 10 | Session 2004 and thereafter: |
| 11 |
|
| 12 | THE RULES OF THE FLORIDA HOUSE OF REPRESENTATIVES |
| 13 |
|
| 14 | RULE ONE |
| 15 | LEGISLATIVE ORGANIZATION |
| 16 |
|
| 17 | 1.1--Officers of the House |
| 18 | (a) The officers of the Florida House of Representatives |
| 19 | are: |
| 20 | (1) Speaker |
| 21 | (2) Speaker pro tempore |
| 22 | (3) Majority Leader |
| 23 | (4) Minority Leader |
| 24 | (5) Clerk |
| 25 | (6) Sergeant at Arms. |
| 26 | (b) The Speaker and the Speaker pro tempore shall each be |
| 27 | elected by a majority of the duly elected and certified members |
| 28 | of the House. For each office, the vote shall be recorded and, if |
| 29 | a majority vote is not received on the first ballot, the members |
| 30 | voting shall vote on the two names receiving the highest number |
| 31 | of votes on the first ballot until a majority vote is received. |
| 32 | (c) The Majority Leader shall be selected by and serve at |
| 33 | the pleasure of the Speaker, and the Minority Leader shall be |
| 34 | selected by the Minority Conference. |
| 35 | (d) The House shall elect a Clerk to serve at its pleasure. |
| 36 | (e) The Sergeant at Arms shall be appointed by the Speaker |
| 37 | with the consent of the House. |
| 38 |
|
| 39 | 1.2--Political Party Conferences |
| 40 | Conference rules shall be interpreted and enforced solely by the |
| 41 | respective caucuses. |
| 42 |
|
| 43 | 1.3--Seating Challenges |
| 44 | In the case of a contest for a seat in the House, notice setting |
| 45 | forth the specific grounds of such contest and the supporting |
| 46 | evidence must have been received by the Clerk not less than 5 |
| 47 | days before the organization session of the Legislature. No |
| 48 | motion to disqualify a member shall be in order at the |
| 49 | organization session until a Speaker has been elected in |
| 50 | accordance with the Florida Constitution. In the case of a |
| 51 | special election, notice must have been received by the Clerk not |
| 52 | less than 5 days before the next regular or special session |
| 53 | convenes. If the election is during a session or less than 5 days |
| 54 | before the next session, the notice must have been received on |
| 55 | the next legislative day following the receipt of certified |
| 56 | election results. A contest setting forth facts sufficient to |
| 57 | warrant review shall be referred by the Speaker to an appropriate |
| 58 | committee. The committee shall conduct hearings as required and |
| 59 | report its findings and recommendations to the House. Upon |
| 60 | receipt of the committee report, the House shall convene with all |
| 61 | dispatch to determine the contest by a majority vote. |
| 62 |
|
| 63 | RULE TWO |
| 64 | DUTIES AND RIGHTS OF THE SPEAKER |
| 65 |
|
| 66 | 2.1--Speaker to Enforce Rules; Questions of Order |
| 67 | (a) The Speaker shall enforce, apply, and interpret the |
| 68 | Rules of the House. |
| 69 | (b) All questions of order shall be presented to the |
| 70 | Speaker for determination. The Speaker may require the member |
| 71 | raising a point of order to cite the rule or other authority in |
| 72 | support of the question. The Speaker may decide the question of |
| 73 | order, put such question to the House, or refer such question to |
| 74 | the Chair of the Rules & Calendar Council for a recommendation to |
| 75 | the Speaker. Any decision of the Speaker on a point of order is |
| 76 | subject to an appeal to the House made timely and separately by |
| 77 | any five members. When a decision of the Speaker on a question of |
| 78 | order is appealed, the Speaker shall put the appeal to the House. |
| 79 | No member may speak more than once or for more than 5 minutes on |
| 80 | an appeal unless given leave by the House by majority vote. |
| 81 |
|
| 82 | 2.2--Speaker to Bring Business Before the House |
| 83 | The Speaker shall lay all business before the House, reserve |
| 84 | times for the council, committee, and subcommittee meetings in |
| 85 | compliance with these rules, and receive motions made by members |
| 86 | and put them to the House. |
| 87 |
|
| 88 | 2.3--Preservation of Order and Decorum; Control Over Chamber and |
| 89 | Other Rooms Assigned to the House |
| 90 | The Speaker shall preserve order and decorum and shall have |
| 91 | general control of the Chamber, corridors, passages, lobby, |
| 92 | galleries, and rooms of the House whether in the Capitol or |
| 93 | elsewhere. If there is a disturbance, the Speaker may order the |
| 94 | Sergeant at Arms to clear the area or direct any other action to |
| 95 | preserve order and decorum. |
| 96 |
|
| 97 | 2.4--Appointment of Temporary Presiding Officer |
| 98 | The Speaker may appoint any member to perform the duties of |
| 99 | presiding officer for a temporary period of time not to extend |
| 100 | beyond a single legislative day. If the Speaker is absent and has |
| 101 | not made such an appointment, the Speaker pro tempore shall act |
| 102 | as presiding officer during the Speaker's absence. If the Speaker |
| 103 | pro tempore is also absent and has not made such an appointment, |
| 104 | the Chair of the Rules & Calendar Council shall act as presiding |
| 105 | officer during the absence of both the Speaker and Speaker pro |
| 106 | tempore or may appoint another member to perform such duties. |
| 107 |
|
| 108 | 2.5--Appointment of Procedures & Policy Chair |
| 109 | The Speaker may designate one member to serve as Procedures & |
| 110 | Policy Chair to represent the Speaker in dealings with members, |
| 111 | Senators, and other parties. |
| 112 |
|
| 113 | 2.6--House Employees Serve at the Pleasure of the Speaker |
| 114 | The Speaker shall employ all employees of the House and shall |
| 115 | determine their qualifications, hours of work, and compensation, |
| 116 | including perquisites and other benefits. All House employees |
| 117 | serve at the pleasure of the Speaker. The Speaker may dismiss any |
| 118 | employee of the House without cause, and the pay of such employee |
| 119 | shall stop on the designated day of dismissal. |
| 120 |
|
| 121 | 2.7--Speaker to Sign Papers and Authorize Counsel in Suits |
| 122 | Affecting the House |
| 123 | (a) The Speaker shall sign all acts, joint resolutions, |
| 124 | concurrent resolutions, resolutions, memorials, writs, vouchers |
| 125 | for expenditures chargeable to the House, contracts binding on |
| 126 | the House, or other papers issued by the House. The Speaker may |
| 127 | delegate the authority to sign documents authorizing payments and |
| 128 | other papers of an administrative nature. |
| 129 | (b) The Speaker may retain or authorize counsel to |
| 130 | initiate, defend, intervene in, or otherwise participate in any |
| 131 | suit on behalf of the House, a council or committee of the House, |
| 132 | a member of the House (whether in the legal capacity of member or |
| 133 | taxpayer), a former member of the House, or an officer, employee, |
| 134 | or agent of the House when the Speaker determines that such suit |
| 135 | is of significant interest to the House and that the interest of |
| 136 | the House would not otherwise be adequately represented. Expenses |
| 137 | incurred for legal services in such proceedings may be paid upon |
| 138 | approval of the Speaker. |
| 139 |
|
| 140 | RULE THREE |
| 141 | MEMBERS |
| 142 |
|
| 143 | 3.1--Disclosures of Interest and Disqualification from Voting |
| 144 | (a) No member may vote on any measure that the member knows |
| 145 | or believes would inure to the member's special private gain. The |
| 146 | member must disclose the nature of the interest for which the |
| 147 | member is required to abstain from voting. Disclosure shall be |
| 148 | done in a timely manner by filing a memorandum with the Clerk, |
| 149 | which shall be printed in the Journal if a vote is taken on the |
| 150 | measure on the floor. If a vote is taken on the measure in a |
| 151 | council or committee, the memorandum shall be filed with the |
| 152 | council or committee administrative assistant, who shall attach |
| 153 | such memorandum to the council or committee report. |
| 154 | (b) A member, when voting on any measure that the member |
| 155 | knows or believes would inure to the special private gain of a |
| 156 | family member of the member, or to the special private gain of |
| 157 | any principal by whom the member or a family member of the member |
| 158 | is retained or employed, must disclose the nature of the interest |
| 159 | of such person in the outcome of the vote. Disclosure shall be |
| 160 | done promptly by filing a memorandum with the Clerk, which shall |
| 161 | be printed in the Journal if a vote is taken on the measure on |
| 162 | the floor. If a vote is taken on the measure in a council or |
| 163 | committee, the memorandum shall be filed promptly with the |
| 164 | council or committee administrative assistant, who shall attach |
| 165 | such memorandum to the council or committee report. For the |
| 166 | purpose of this rule, family members include the member's spouse, |
| 167 | parents, and children. |
| 168 |
|
| 169 | 3.2--Attendance Upon Council and Committee Meetings Required |
| 170 | A member shall attend all meetings of councils, committees, and |
| 171 | subcommittees to which appointed, unless excused by the council |
| 172 | or committee Chair or by the Speaker. Excuse from House session |
| 173 | attendance shall also constitute excuse from that day's council, |
| 174 | committee, and subcommittee meetings. Failure to attend two |
| 175 | consecutive council, committee, or subcommittee meetings, unless |
| 176 | excused, shall be reported by the council or committee Chair to |
| 177 | the Speaker. |
| 178 |
|
| 179 | 3.3--Attendance at Sessions |
| 180 | A member may not be absent from the sessions of the House without |
| 181 | approval of the Speaker. Upon written request of a member |
| 182 | submitted in a timely manner, the Speaker may, by written notice |
| 183 | to the Clerk, excuse the member from attendance for any stated |
| 184 | period. It shall be the responsibility of the excused member to |
| 185 | advise the Clerk when leaving and returning to the Chamber. |
| 186 |
|
| 187 | 3.4--Members Presumed Present Unless Excused or Necessarily |
| 188 | Prevented |
| 189 | Any member who has answered roll call (either orally or by |
| 190 | electronic means) at the opening of any daily session, or who |
| 191 | enters after the initial quorum call and informs the Clerk of the |
| 192 | member's presence, shall thereafter be presumed present unless |
| 193 | necessarily prevented or leave of absence is obtained from the |
| 194 | Speaker. The Speaker shall make each determination as to whether |
| 195 | a member was necessarily prevented. |
| 196 |
|
| 197 | 3.5--Open Meetings |
| 198 | (a) Subject to order and decorum, each member shall provide |
| 199 | reasonable access to members of the public to any meeting between |
| 200 | such member and more than one other member of the Legislature, if |
| 201 | such members of the public have requested admission and such |
| 202 | meeting has been prearranged for the purpose of agreeing to take |
| 203 | formal legislative action on pending legislation or amendments at |
| 204 | such meeting or at a subsequent time. No such meeting shall be |
| 205 | conducted in the Members' Lounge, at any location that is closed |
| 206 | to the public, or at any location that the member knows prohibits |
| 207 | admission on the basis of race, religion, gender, national |
| 208 | origin, physical disability, or similar classification. |
| 209 | (b) Meetings conducted in the Chamber of either the House |
| 210 | or the Senate while such body is in session shall be considered |
| 211 | to be held at a location providing reasonable access to, and to |
| 212 | be reasonably open to, the public. When the number of persons |
| 213 | must be limited because of space considerations or otherwise for |
| 214 | the maintenance of order or decorum, at least one representative |
| 215 | each of the print, radio, and television media shall be included |
| 216 | among the members of the public admitted, if such persons have |
| 217 | requested admission. |
| 218 | (c) For the purpose of this rule, and as used in Section 4 |
| 219 | of Article III of the Florida Constitution, legislation shall be |
| 220 | considered pending if filed with the Clerk. An amendment shall be |
| 221 | considered pending if it has been delivered to the administrative |
| 222 | assistant of a council or committee in which the legislation is |
| 223 | pending or to the Clerk, if the amendment is to a bill that has |
| 224 | been reported favorably by each council and committee of |
| 225 | reference, and the term "formal legislative action" shall include |
| 226 | any vote of the House or Senate, or of a council, committee, or |
| 227 | subcommittee of either house, on final passage or on a motion |
| 228 | other than a motion to adjourn or recess. |
| 229 |
|
| 230 | RULE FOUR |
| 231 | DUTIES OF THE CLERK, SERGEANT AT ARMS, AND EMPLOYEES |
| 232 |
|
| 233 | 4.1--Clerk |
| 234 | (a) The Clerk shall: |
| 235 | (1) Be the custodian of all bills, resolutions, and |
| 236 | memorials. No member or other person may take possession of an |
| 237 | original bill, after filing, with the intention of depriving the |
| 238 | Legislature of its availability for consideration. |
| 239 | (2) Provide for the keeping of a complete record of |
| 240 | introduction and action on all bills, resolutions, and memorials, |
| 241 | including the number(s), the sponsor(s), each cosponsor, a brief |
| 242 | description of the subject matter, and each council and committee |
| 243 | reference. |
| 244 | (3) Keep a correct journal of proceedings of the House. The |
| 245 | Journal shall be numbered serially and published from the first |
| 246 | day of each session of the Legislature. |
| 247 | (4) Superintend the engrossing and transmitting of bills, |
| 248 | resolutions, and memorials and approve the enrolling of all House |
| 249 | bills. |
| 250 | (5) Not permit any records or papers belonging to the House |
| 251 | to be taken out of the Clerk's custody other than in the regular |
| 252 | course of business and only then upon receipt. |
| 253 | (6) Publish Daily and Interim Calendars necessary to |
| 254 | provide public notice of consideration of bills, resolutions, and |
| 255 | memorials by the House and its councils, committees, and |
| 256 | subcommittees. |
| 257 | (7) Examine bills, resolutions, and memorials upon their |
| 258 | tender for introduction to determine whether facially they meet |
| 259 | the requirements of the Florida Constitution for the presence of |
| 260 | the enacting or resolving clause or the provision in local bills, |
| 261 | including local claim bills, for advertising or for referendum; |
| 262 | however, beyond calling an apparent defect to the attention of |
| 263 | the first-named sponsor, the obligation of the Clerk shall end. |
| 264 | (8) Sign and receive necessary papers in the name of the |
| 265 | House between a general election and election of the Speaker. |
| 266 | (b) It shall be a ministerial duty of the Clerk to attest |
| 267 | to all writs, issued by order of the House, and to the passage of |
| 268 | all legislative measures. |
| 269 | (c) In the necessary absence of the Clerk, the Speaker may |
| 270 | appoint a temporary Clerk. |
| 271 |
|
| 272 | 4.2--Sergeant at Arms |
| 273 | The Sergeant at Arms shall: |
| 274 | (a) Attend the House during its sittings and maintain order |
| 275 | under the direction of the Speaker or member performing the |
| 276 | duties of the presiding officer. |
| 277 | (b) Ensure that no person is admitted to the House Chamber |
| 278 | except in accordance with these rules. |
| 279 | (c) Be under the direct supervision and execute all |
| 280 | commands of the Speaker. |
| 281 | (d) Be the custodian of furniture, books, and property of |
| 282 | the House and shall annually take an inventory of all property |
| 283 | under the Sergeant at Arms' charge. |
| 284 | (e) Provide for the security of the House and its members |
| 285 | when engaged in their constitutional duties. |
| 286 | (f) Perform all other duties pertaining to the Sergeant at |
| 287 | Arms' Office as prescribed by law or these rules. |
| 288 |
|
| 289 | 4.3--Employees Forbidden to Lobby; Restriction on Employee |
| 290 | Campaign Activities |
| 291 | (a) An employee of the House may not, directly or |
| 292 | indirectly, be interested in or concerned with the passage or |
| 293 | consideration of any bill without direction from a member with |
| 294 | authority over the designated staff member. An employee may, on |
| 295 | behalf of a member, present a bill in council, committee, or |
| 296 | subcommittee in the member's absence only with the member's prior |
| 297 | written direction. An employee shall not exhibit an improper |
| 298 | interest in or concern with any bill. |
| 299 | (b) An employee of the House may not engage in campaign |
| 300 | activities during regular work hours, except when on approved |
| 301 | leave, and may neither hold, nor be a candidate for, public |
| 302 | office (other than a political party executive committee office) |
| 303 | while in the employ of the House. |
| 304 |
|
| 305 | RULE FIVE |
| 306 | FORM AND INTRODUCTION OF BILLS |
| 307 |
|
| 308 | 5.1--"Bill" Stands for All Legislation |
| 309 | Except when the context otherwise indicates, "bill," as used in |
| 310 | these rules, means a bill, joint resolution, concurrent |
| 311 | resolution, resolution, memorial, or other measure upon which a |
| 312 | council or committee may be required to report. |
| 313 |
|
| 314 | 5.2--Member and Committee Bill Filing Deadlines |
| 315 | (a) No general bill, local bill originating in the House, |
| 316 | joint resolution, concurrent resolution (except one relating to |
| 317 | extension of a session or legislative organization or |
| 318 | procedures), substantive House resolution, or memorial |
| 319 | originating in the House shall be given first reading unless |
| 320 | approved for filing with the Clerk no later than noon of the |
| 321 | first day of the regular session. |
| 322 | (b) To be admitted for introduction, bills originating in |
| 323 | committees shall be approved for filing with the Clerk no later |
| 324 | than noon of the 28th day of the regular session. Committee bills |
| 325 | filed after this deadline will be admitted for introduction only |
| 326 | if accompanied by a certificate of urgent public need submitted |
| 327 | jointly by the committee and council Chairs and approved by the |
| 328 | Speaker. |
| 329 |
|
| 330 | 5.3--Limitation on Member Bills Filed |
| 331 | (a) A member may not file more than six bills for a regular |
| 332 | session. Of the six bills, at least two must be approved for |
| 333 | filing with the Clerk no later than noon of the 6th Tuesday prior |
| 334 | to the first day of the regular session. For purposes of this |
| 335 | rule, the member considered to have filed a bill is the first- |
| 336 | named sponsor of the bill. Bills that have been withdrawn from |
| 337 | further consideration prior to the filing deadline shall not be |
| 338 | counted against this limit. |
| 339 | (b) Bills not counted toward these limits include: |
| 340 | (1) Local bills, including local claim bills |
| 341 | (2) Ceremonial House resolutions |
| 342 | (3) Memorials |
| 343 | (4) Concurrent resolutions relating to extension of a |
| 344 | session or legislative organization or procedures |
| 345 | (5) Trust fund bills adhering to another bill |
| 346 | (6) Public records or public meetings exemption bills |
| 347 | adhering to another bill |
| 348 | (7) Joint resolutions adhering to a general bill |
| 349 | (8) Bills that only repeal or delete, without substantive |
| 350 | replacement, provisions of the Florida Statutes or Laws of |
| 351 | Florida. |
| 352 |
|
| 353 | 5.4--Forms of Measures; Sponsorship Transactions |
| 354 | (a) To be acceptable for introduction, all bills shall be |
| 355 | produced in accordance with standards approved by the Speaker. |
| 356 | (b) No member may be added or deleted as a sponsor or |
| 357 | cosponsor of a bill without the member's consent. A member |
| 358 | desiring to be a cosponsor must submit to the Clerk a |
| 359 | cosponsorship request agreed to by the first-named sponsor. A |
| 360 | member may withdraw as a cosponsor by submitting a request to the |
| 361 | Clerk. |
| 362 | (c) Bills that propose to amend existing provisions of law |
| 363 | shall contain the full text of the section, subsection, or |
| 364 | paragraph to be amended. Joint resolutions that propose to amend |
| 365 | the Florida Constitution shall contain the full text of the |
| 366 | section to be amended. As to those portions of general bills and |
| 367 | joint resolutions that propose to amend existing provisions of |
| 368 | the Florida Statutes or the Florida Constitution, new words shall |
| 369 | be inserted in the text underlined and words to be deleted shall |
| 370 | be lined through with hyphens. If the change in language is so |
| 371 | general that the use of these procedures would hinder, rather |
| 372 | than assist, the understanding of the amendment, it is not |
| 373 | necessary to use the coded indicators of words added or deleted, |
| 374 | but, in lieu thereof, a notation similar to the following shall |
| 375 | be inserted immediately preceding the affected section of the |
| 376 | bill: "Substantial rewording of section. See s. . . . , F.S., |
| 377 | for present text." When such a notation is used, the notation, as |
| 378 | well as the substantially reworded text, shall be underlined. The |
| 379 | words to be deleted and the above-described indicators of such |
| 380 | words and of new material are for information and guidance and do |
| 381 | not constitute a part of the bill under consideration. Numerals |
| 382 | in the margins of the line-numbered paper do not constitute a |
| 383 | part of the bill and are shown on the page only for convenience |
| 384 | in identifying lines. Section catch lines of existing text shall |
| 385 | not be underlined, nor shall any other portion of a bill covered |
| 386 | by this rule other than new material. |
| 387 |
|
| 388 | 5.5--Local Bills |
| 389 | (a) If the substance of a local bill may be enacted into |
| 390 | law by ordinance of a local governing body without the legal need |
| 391 | for a referendum, the Local Government Council may not report the |
| 392 | bill favorably. |
| 393 | (b) A local bill that provides an exemption from general |
| 394 | law may not be placed on the Special Order Calendar in any |
| 395 | section reserved for the expedited consideration of local bills. |
| 396 | (c) All local bills, including local claim bills, must |
| 397 | either, as required by Section 10 of Article III of the Florida |
| 398 | Constitution, embody provisions for a ratifying referendum |
| 399 | (stated in the title as well as in the text of the bill) or be |
| 400 | accompanied by an affidavit of proper advertisement, securely |
| 401 | attached to the original bill ahead of its first page. |
| 402 |
|
| 403 | 5.6--Claim Bills |
| 404 | (a) The Speaker may appoint a Special Master to review a |
| 405 | claim bill or conduct a hearing, if necessary. The Special Master |
| 406 | may administer an oath to all witnesses, accept relevant |
| 407 | documentary and tangible evidence offered as deemed necessary, |
| 408 | and record the hearing. The Special Master may prepare a final |
| 409 | report containing findings of fact, conclusions of law, and |
| 410 | recommendations. The report shall be signed by the Special |
| 411 | Master, who shall be available, in person, to explain his or her |
| 412 | report to any council or committee of reference. |
| 413 | (b) Stipulations entered into by the parties are not |
| 414 | binding on the Special Master or the House or its councils or |
| 415 | committees. |
| 416 | (c) The hearing and consideration of a claim bill shall be |
| 417 | held in abeyance until all available administrative and judicial |
| 418 | remedies have been exhausted, except that the hearing and |
| 419 | consideration of a claim that is still within the judicial or |
| 420 | administrative system may proceed when the parties have executed |
| 421 | a written settlement agreement. |
| 422 |
|
| 423 | 5.7--Reviser's Bills |
| 424 | Reviser's bills shall be introduced by the Rules & Calendar |
| 425 | Council, which may request prior review by another council or |
| 426 | committee. |
| 427 |
|
| 428 | 5.8--General Appropriations Bill and Related Legislation |
| 429 | The general appropriations bill and related legislation, |
| 430 | including trust fund bills, may be introduced by the Fiscal |
| 431 | Council. |
| 432 |
|
| 433 | 5.9--Memorials |
| 434 | A memorial expresses the opinion of the Legislature to the |
| 435 | Federal Government. All memorials shall contain the resolving |
| 436 | clause "Be It Resolved by the Legislature of the State of |
| 437 | Florida:". |
| 438 |
|
| 439 | 5.10--House Resolutions and Concurrent Resolutions and Tributes |
| 440 | (a) All House resolutions and all concurrent resolutions |
| 441 | originating in the House shall contain a title and a resolving |
| 442 | clause. In the case of House resolutions, the resolving clause |
| 443 | shall be "Be It Resolved by the House of Representatives of the |
| 444 | State of Florida:". In the case of concurrent resolutions |
| 445 | originating in the House, the resolving clause shall be "Be It |
| 446 | Resolved by the House of Representatives of the State of Florida, |
| 447 | the Senate Concurring:". Concurrent resolutions originating in |
| 448 | the House shall present only questions pertaining to extension of |
| 449 | a session, enactment of joint rules, ratification of federal |
| 450 | constitutional amendments, communications with the judiciary, |
| 451 | actions taken pursuant to federal law not requiring gubernatorial |
| 452 | approval, or other exclusively legislative matters. |
| 453 | (b) All ceremonial House resolutions shall be reviewed and |
| 454 | approved by the Chair of the Rules & Calendar Council before |
| 455 | introduction. |
| 456 | (c) Copies of House resolutions shall be furnished by the |
| 457 | Clerk. The Secretary of State shall be requested to prepare |
| 458 | certified copies of concurrent resolutions after their adoption. |
| 459 | (d) Any matter commemorating local achievement, |
| 460 | condolences, or other recognition shall be prepared by the House |
| 461 | Bill Drafting Service as an individual tribute for the member |
| 462 | sponsoring the measure. |
| 463 |
|
| 464 | 5.11--Bills Filed During an Interim |
| 465 | During the period between the organization session and the |
| 466 | convening of the first regular session of the legislative |
| 467 | biennium and during the period between the first and second |
| 468 | regular sessions of the legislative biennium, members may file |
| 469 | for introduction bills that have been prepared or reviewed by the |
| 470 | House Bill Drafting Service. |
| 471 |
|
| 472 | 5.12--Requirements for Introduction |
| 473 | (a) All bills (other than a general appropriations bill, |
| 474 | concurrent resolutions relating to organization of the |
| 475 | Legislature, resolutions relating to organization of the House, |
| 476 | reviser's bills, reapportionment bills or resolutions, and recall |
| 477 | of acts from the Governor) shall either be prepared or, in the |
| 478 | case of local bills, reviewed by the House Bill Drafting Service. |
| 479 | After completion and delivery by the House Bill Drafting Service, |
| 480 | no change may be made in the text or title of the bill without |
| 481 | returning the bill to the House Bill Drafting Service prior to |
| 482 | filing. |
| 483 | (b) The Director of the House Bill Drafting Service shall |
| 484 | notify any member proposing a bill if an identical or similar |
| 485 | bill has been filed and, if so, the name of the sponsor of such |
| 486 | bill. |
| 487 |
|
| 488 | 5.13--Identification |
| 489 | All bills shall be given a number and filed with the Clerk by the |
| 490 | House Bill Drafting Service. Bills shall be serially numbered, in |
| 491 | an odd-numbered sequence, except that bills of a similar type may |
| 492 | be serially numbered separately. The Clerk shall validate the |
| 493 | original copy of each bill, and each page thereof, to ensure its |
| 494 | identification as the item introduced in order to prevent |
| 495 | unauthorized or improper substitutions therefor. |
| 496 |
|
| 497 | 5.14--Companion Measures |
| 498 | A companion Senate bill must be substantially similar in wording, |
| 499 | and identical as to specific intent and purpose, to the House |
| 500 | bill for which it is being substituted. Whenever a House bill is |
| 501 | reached on the floor for consideration, either on second or third |
| 502 | reading, and there is also pending on the Calendar of the House a |
| 503 | companion bill already passed by the Senate, it shall be in order |
| 504 | to move that the Senate companion bill be substituted and |
| 505 | considered in lieu of the House bill. Such motion may be adopted |
| 506 | by a majority vote, provided the Senate bill is on the same |
| 507 | reading; otherwise, the motion shall be to waive the rules by a |
| 508 | two-thirds vote and substitute such Senate bill. At the moment |
| 509 | the House substitutes the Senate companion bill or takes up a |
| 510 | Senate bill in lieu of a House bill, the House bill so replaced |
| 511 | shall be automatically tabled. |
| 512 |
|
| 513 | RULE SIX |
| 514 | REFERENCE |
| 515 |
|
| 516 | 6.1--Speaker to Refer Legislation |
| 517 | The authority to make bill referrals rests with the Speaker, |
| 518 | except as otherwise provided in these rules. |
| 519 |
|
| 520 | 6.2--Reference: Generally |
| 521 | (a) Bills, upon prefiling or introduction, whether House or |
| 522 | Senate, shall be referred by the Speaker to a committee and its |
| 523 | council and such other committees as are deemed appropriate or to |
| 524 | the Calendar of the House as elsewhere provided in these rules, |
| 525 | except that bills introduced by committees may, alternatively, be |
| 526 | referred only to the council of the committee originating the |
| 527 | bill. The order of reference shall be determined by the Speaker, |
| 528 | provided the council shall consider the bill last. |
| 529 | (b) The Chair of a standing committee, upon receipt of a |
| 530 | referred bill, may either refer the bill to a subcommittee or |
| 531 | consider the bill at a meeting of the standing committee. |
| 532 | (c) References of bills and the nature of any documents |
| 533 | referred shall be recorded in the Journal. |
| 534 |
|
| 535 | 6.3--Reference: Exception; Additional References |
| 536 | (a) A Senate bill with a House companion may be paired with |
| 537 | the companion House bill at whatever its stage of consideration, |
| 538 | provided both bills are on the same reading. |
| 539 | (b) If a bill is reported with a committee substitute that |
| 540 | contains an issue that was not in the original bill and such |
| 541 | issue is within the jurisdiction of another committee, the |
| 542 | Speaker may refer the bill to the other committee having |
| 543 | jurisdiction over the additional subject and, if given an |
| 544 | additional reference, such bill shall be considered by the new |
| 545 | committee of reference before its consideration by any remaining |
| 546 | fiscal committees of reference or the council. |
| 547 | (c) If a bill is reported with a council substitute that |
| 548 | contains a new issue and such issue is within the jurisdiction of |
| 549 | another council, the Speaker may further refer the bill. |
| 550 | (d) A general appropriations bill and related legislation, |
| 551 | including trust fund bills, introduced by the Fiscal Council may |
| 552 | be referred to the Calendar of the House. |
| 553 | (e) Reviser's bills may be referred to the Calendar of the |
| 554 | House. |
| 555 | (f) A House combined bill introduced by a council may be |
| 556 | referred to the Calendar of the House or further referred as |
| 557 | appropriate. |
| 558 | (g) Local bills may be referred by the Speaker to a council |
| 559 | or to a committee and its council and such other committees as |
| 560 | are deemed appropriate. |
| 561 | (h) After the 55th day of a regular session and during any |
| 562 | extended or special session, a Senate bill may be referred by the |
| 563 | Speaker to a council or to a committee and its council and such |
| 564 | other committees as are deemed appropriate. |
| 565 |
|
| 566 | 6.4--Reference of Resolutions, Concurrent Resolutions: Exception |
| 567 | Resolutions on House organization and concurrent resolutions |
| 568 | pertaining to extension of the session may be taken up upon |
| 569 | motion and adopted at the time of introduction without reference. |
| 570 |
|
| 571 | 6.5--Reference of Appropriations or Tax Measures |
| 572 | (a) All bills carrying or affecting appropriations or tax |
| 573 | matters shall be referred to an appropriate fiscal committee. |
| 574 | (b) A bill in the possession of a committee within the |
| 575 | Fiscal Council that has been amended by report from a committee |
| 576 | of previous reference to remove its fiscal impact may be |
| 577 | withdrawn from the committee within the Fiscal Council on a point |
| 578 | of order raised by the Chair or Vice Chair of the Fiscal Council. |
| 579 | (c) If an amendment adopted on the floor of the House |
| 580 | affects an appropriation or a tax matter, upon point of order |
| 581 | made by the Chair or Vice Chair of the Fiscal Council, the bill |
| 582 | may be referred by the Speaker with the amendment to a committee |
| 583 | or council unless the amendment is the substance of a bill which |
| 584 | has been approved by the Fiscal Council or one of its committees. |
| 585 | If the bill, as amended on the floor, is reported favorably |
| 586 | without further amendment, it shall be returned to the same |
| 587 | reading as when referred. If the bill, as amended on the floor, |
| 588 | is reported favorably with further amendment, it shall be |
| 589 | returned to second reading. |
| 590 |
|
| 591 | 6.6--Reference of Veto Messages |
| 592 | The Speaker shall refer veto messages to the appropriate council |
| 593 | or committee for a recommendation. |
| 594 |
|
| 595 | RULE SEVEN |
| 596 | COUNCILS AND COMMITTEES--ORGANIZATION, PROCEDURES, MEETINGS, AND |
| 597 | OVERSIGHT |
| 598 |
|
| 599 | Part One--Organization |
| 600 |
|
| 601 | 7.1--Councils, Standing Committees, and Subcommittees; |
| 602 | Appointments |
| 603 | (a) The following standing committees are hereby |
| 604 | established and shall be referred to as councils: |
| 605 | (1) Commerce Council |
| 606 | (2) Education Council |
| 607 | (3) Fiscal Council |
| 608 | (4) Health & Families Council |
| 609 | (5) Justice Council |
| 610 | (6) Local Government Council |
| 611 | (7) Rules & Calendar Council |
| 612 | (8) State Administration Council |
| 613 | (9) State Infrastructure Council |
| 614 | (10) State Resources Council |
| 615 | (b) Within each council there are hereby established the |
| 616 | following standing committees: |
| 617 | (1) Commerce Council |
| 618 | a. Business Regulation Committee |
| 619 | b. Economic Development, Trade & Banking Committee |
| 620 | c. Insurance Committee |
| 621 | d. Utilities & Telecommunications Committee |
| 622 | (2) Education Council |
| 623 | a. Colleges & Universities Committee |
| 624 | b. Community Colleges & Workforce Committee |
| 625 | c. Choice & Innovation Committee |
| 626 | d. PreK-12 Committee |
| 627 | (3) Fiscal Council |
| 628 | a. Agriculture & Environment Appropriations Committee |
| 629 | b. Education Appropriations Committee |
| 630 | c. Finance & Tax Committee |
| 631 | d. Health Care Appropriations Committee |
| 632 | e. Justice Appropriations Committee |
| 633 | f. State Administration Appropriations Committee |
| 634 | g. Transportation & Economic Development Appropriations |
| 635 | Committee |
| 636 | (4) Health & Families Council |
| 637 | a. Elder & Long-Term Care Committee |
| 638 | b. Future of Florida's Families Committee |
| 639 | c. Health Care General Committee |
| 640 | d. Health Care Regulation Committee |
| 641 | (5) Justice Council |
| 642 | a. Civil Justice Committee |
| 643 | b. Claims Committee |
| 644 | c. Criminal Justice Committee |
| 645 | d. Judiciary Committee |
| 646 | e. Juvenile Justice Committee |
| 647 | (6) Local Government Council |
| 648 | (7) Rules & Calendar Council |
| 649 | (8) State Administration Council |
| 650 | a. Domestic Security Committee |
| 651 | b. Ethics & Elections Committee |
| 652 | c. Governmental Operations Committee |
| 653 | d. Military & Veteran Affairs Committee |
| 654 | (9) State Infrastructure Council |
| 655 | a. Growth Management Committee |
| 656 | b. Spaceport & Technology Committee |
| 657 | c. Tourism Committee |
| 658 | d. Transportation Committee |
| 659 | (10) State Resources Council |
| 660 | a. Agriculture Committee |
| 661 | b. Environmental Regulation Committee |
| 662 | c. Water & Natural Resources Committee |
| 663 | (c) The Speaker shall appoint the Chair and Vice Chair of |
| 664 | each House council, committee, and subcommittee and shall also |
| 665 | appoint the remaining membership of each such council, committee, |
| 666 | and subcommittee. The Speaker shall give notice of each such |
| 667 | appointment in writing to the Clerk for publication in an Interim |
| 668 | Calendar and the Journal. |
| 669 | (d) The Speaker may establish standing or select |
| 670 | subcommittees constituted from the membership of standing |
| 671 | committees and appoint their Chairs, Vice Chairs, and members. |
| 672 | Subcommittees and select subcommittees so established shall be |
| 673 | subject to the authority and direction of their parent committee. |
| 674 | The Speaker shall give notice of the establishment of |
| 675 | subcommittees and select subcommittees and appointments thereto |
| 676 | in writing to the Clerk for publication in an Interim Calendar |
| 677 | and the Journal. |
| 678 | (e) If necessary, the Speaker may appoint a temporary Chair |
| 679 | for any council, standing committee, or subcommittee. |
| 680 | (f) All council, standing committee, and subcommittee |
| 681 | Chairs, Vice Chairs, and members serve at the pleasure of the |
| 682 | Speaker. |
| 683 | (g) All council, standing committee, and subcommittee |
| 684 | appointments made by the Speaker shall expire on August 1 of odd- |
| 685 | numbered years or, if the Legislature is convened in special or |
| 686 | extended session on that date, upon adjournment sine die of such |
| 687 | session. |
| 688 |
|
| 689 | 7.2--Appointment of Select Committees |
| 690 | The Speaker may at any time create a select committee and shall |
| 691 | appoint the membership and name the Chair and Vice Chair thereof. |
| 692 | A select committee may include the entire membership of the |
| 693 | House. A select committee has the jurisdiction and duties and |
| 694 | exists for the period of time specified by the Speaker. Select |
| 695 | committees may introduce or receive by reference legislation only |
| 696 | if clothed by the House with this power. The Speaker shall give |
| 697 | notice of the creation of a select committee in writing to the |
| 698 | Clerk for publication in an Interim Calendar and the Journal. |
| 699 |
|
| 700 | 7.3--Ex Officio Members |
| 701 | The Speaker may designate the Speaker pro tempore, the Procedures |
| 702 | & Policy Chair, or the Majority Leader as an ex officio, voting |
| 703 | member of any council or standing committee. No council or |
| 704 | standing committee may have more than one ex officio member |
| 705 | voting at any one time. For the purpose of a quorum, an ex |
| 706 | officio member shall not be included in the membership of a |
| 707 | council or committee. The Speaker shall give notice of the |
| 708 | designation of any such ex officio member in writing to the |
| 709 | member so designated and to the council or committee Chair. The |
| 710 | Chair of the parent committee shall, ex officio, be an additional |
| 711 | voting member of a subcommittee. However, for the purpose of a |
| 712 | quorum, the parent committee Chair shall not be included in the |
| 713 | membership of a subcommittee. |
| 714 |
|
| 715 | Part Two--Meetings; Powers, Duties, and Procedure |
| 716 |
|
| 717 | 7.4--Powers of the Chair and Procedure Generally |
| 718 | (a) The Rules of the House shall govern procedure in |
| 719 | council, committee, and subcommittee insofar as they are |
| 720 | applicable. |
| 721 | (b) The council, committee, or subcommittee Chair shall |
| 722 | sign all notices, vouchers, or reports required or permitted by |
| 723 | these rules. The council or committee Chair shall sign all |
| 724 | subpoenas as provided in Rule 16.1. Except as otherwise provided |
| 725 | in these rules, the Chair has all authority necessary to ensure |
| 726 | the orderly operation of the council, committee, or subcommittee, |
| 727 | including, but not limited to, presiding over the council, |
| 728 | committee, or subcommittee, establishing the agenda for the |
| 729 | council, committee, or subcommittee, recognition of members or |
| 730 | presenters, deciding all questions of order in council, |
| 731 | committee, or subcommittee, and determining the order in which |
| 732 | matters are taken up in council, committee, or subcommittee. |
| 733 | There shall be no appeal from the Chair's recognition, but the |
| 734 | Chair shall be governed by the rules and usage in priority of |
| 735 | entertaining motions. |
| 736 | (c) Rulings on questions of order are subject to an appeal. |
| 737 | Such appeal shall be made during the council, committee, or |
| 738 | subcommittee meeting and shall be submitted in writing to the |
| 739 | Chair signed by at least two members of the council, committee, |
| 740 | or subcommittee prior to 4:30 p.m. of the next business day. The |
| 741 | appeal shall be certified by the Chair to the House for timely |
| 742 | action by the Speaker following such certification. The Speaker |
| 743 | may refer an appeal to the Chair of the Rules & Calendar Council |
| 744 | for a recommendation. The ruling of the Speaker shall be entered |
| 745 | in the Journal and shall be subject to appeal as any other |
| 746 | question. The Chair may, or on a majority vote of the council, |
| 747 | committee, or subcommittee shall, certify a question of |
| 748 | parliamentary procedure to the Speaker as contemplated by this |
| 749 | rule without a formal appeal. Such a certified question shall be |
| 750 | disposed of by the Speaker as if it had been on appeal. The |
| 751 | certification of an appeal or of a question of parliamentary |
| 752 | procedure pursuant to this rule does not constitute an automatic |
| 753 | stay to further legislative action on the measure under |
| 754 | consideration. |
| 755 |
|
| 756 | 7.5--Absence of the Chair |
| 757 | For the purpose of convening or presiding over a meeting in the |
| 758 | absence of the Chair, the Vice Chair shall assume all duties of |
| 759 | the Chair until the Chair's return or replacement, unless a |
| 760 | temporary Chair has been appointed by the Speaker to assume said |
| 761 | duties. |
| 762 |
|
| 763 | 7.6--Meetings of Councils, Committees, and Subcommittees and |
| 764 | Extensions Thereof |
| 765 | Councils, committees, and subcommittees shall meet at the call of |
| 766 | the Chair, within the dates, times, and locations designated by |
| 767 | the Speaker. Meeting beyond the designated time shall be allowed |
| 768 | only with leave granted by the Speaker. A council, committee, or |
| 769 | subcommittee may continue the consideration of properly noticed |
| 770 | legislation after the expiration of the time set for the meeting |
| 771 | with the Speaker's approval and if a majority agree to continue |
| 772 | or to temporarily recess to continue the meeting at a time and |
| 773 | place certain on the same day, provided there is no conflict with |
| 774 | another scheduled council, committee, or subcommittee meeting. |
| 775 |
|
| 776 | 7.7--Hours for Meetings |
| 777 | No council, committee, or subcommittee meeting shall begin before |
| 778 | 8 a.m. or continue beyond 6 p.m., unless granted leave by the |
| 779 | Speaker. |
| 780 |
|
| 781 | 7.8--Councils, Committees, and Subcommittees Meeting During House |
| 782 | Session |
| 783 | No council, committee, or subcommittee shall meet while the House |
| 784 | is in session without the consent of the House, except conference |
| 785 | committees and the Rules & Calendar Council, when meeting to |
| 786 | consider matters other than the substance of legislation. |
| 787 |
|
| 788 | 7.9--Consideration of Proposed Committee Bills, Reviser's Bills, |
| 789 | General Appropriations and Related Bills, and House Combined |
| 790 | Bills |
| 791 | (a) Proposed committee bills (PCBs), reviser's bills |
| 792 | proposed by the Rules & Calendar Council, and the general |
| 793 | appropriations bill and related legislation, including trust fund |
| 794 | bills, proposed by the Fiscal Council shall be treated as other |
| 795 | bills in satisfying the requirements for notice. Each such |
| 796 | proposed bill shall be available to each council, committee, or |
| 797 | subcommittee member no later than the time of posting of notice. |
| 798 | Such a proposed bill taken up without the council, committee, or |
| 799 | subcommittee conforming to this rule shall be regarded as being |
| 800 | considered in workshop session only, with final action carried |
| 801 | over to a future meeting of the council, committee, or |
| 802 | subcommittee at which the requirements of this rule have been |
| 803 | met. |
| 804 | (b) Before a committee or subcommittee may consider a |
| 805 | proposed committee bill, the committee Chair and the council |
| 806 | Chair shall jointly submit a request to the Speaker for approval. |
| 807 | (c) A council or committee may, at any time and without |
| 808 | further approval, introduce legislation the substance of which is |
| 809 | drawn from two or more general bills or joint resolutions filed |
| 810 | in the House and in the possession of the council or committee. |
| 811 | This shall be known as a House combined bill, which may be |
| 812 | referred to by the acronym HCB or HCJR, as applicable. Such |
| 813 | measure shall carry the numbers in serial order of the bills |
| 814 | incorporated. Sponsors for a House combined bill shall be the |
| 815 | council or committee introducing it followed by the first-named |
| 816 | sponsors of the bills so incorporated in the same sequence as the |
| 817 | serial order of the bills' numbers. Cosponsors shall thereafter |
| 818 | be listed alphabetically. Upon introduction of a combined bill, |
| 819 | the original bills so joined shall be laid upon the table and may |
| 820 | not be withdrawn from further consideration for purposes of |
| 821 | exemption from the filing limitation in Rule 5.3. |
| 822 | (d) Proposed House combined bills shall be treated as other |
| 823 | bills in satisfying the requirements for notice. Each proposed |
| 824 | House combined bill shall be available to each council or |
| 825 | committee member no later than the time of posting of notice. A |
| 826 | proposed House combined bill taken up without the council or |
| 827 | committee conforming to this rule shall be regarded as being |
| 828 | considered in workshop session only, with final action carried |
| 829 | over to a future meeting of the council or committee at which the |
| 830 | requirements of this rule have been met. |
| 831 |
|
| 832 | 7.10--Meetings of Councils, Committees, and Subcommittees: Time |
| 833 | Required for Advance Notice During Sessions |
| 834 | (a) During the first 45 calendar days of a regular session, |
| 835 | prior notice shall be given 2 days (excluding Saturday and |
| 836 | Sunday) in advance of a council, committee, or subcommittee |
| 837 | meeting for the purpose of considering legislation. If the notice |
| 838 | is filed with the Clerk by 4:30 p.m., a bill or proposed bill may |
| 839 | be heard at any time on the second succeeding day. After the 45th |
| 840 | calendar day and during any extended session, the notice shall be |
| 841 | given at least 1 day in advance of the council, committee, or |
| 842 | subcommittee meeting. |
| 843 | (b) During special sessions, councils, committees, and |
| 844 | subcommittees shall provide notice at least 2 hours in advance of |
| 845 | a meeting. |
| 846 | (c) The Chair of any committee or subcommittee may remove |
| 847 | any item from an agenda at any time by filing an amended notice |
| 848 | prior to commencement of the meeting. |
| 849 | (d) If a council, committee, or subcommittee is approved |
| 850 | and scheduled for a meeting by the Speaker, but does not plan to |
| 851 | meet, a notice stating that no meeting is to be held shall be |
| 852 | filed with the Clerk and posted. |
| 853 | (e) Except when meeting to consider the substance of |
| 854 | legislation, the Rules & Calendar Council shall be exempt from |
| 855 | the requirements of this rule. |
| 856 |
|
| 857 | 7.11--Nature and Distribution of Notice During Sessions |
| 858 | (a) A notice shall include a listing and sufficient title |
| 859 | for identification of bills or proposed bills to be considered by |
| 860 | the council, committee, or subcommittee holding the meeting, |
| 861 | including, time permitting, those directed to be retained. |
| 862 | However, failure to include a bill directed to be retained in the |
| 863 | notice does not preclude the motion to reconsider from being |
| 864 | made. |
| 865 | (b) A notice shall state the date, time, and place of a |
| 866 | meeting. The first-named sponsor and the members of the council, |
| 867 | committee, or subcommittee shall be provided separate notice. |
| 868 | (c) Whenever timely, such notices shall be included in the |
| 869 | Calendar of the House. |
| 870 |
|
| 871 | 7.12--Nature and Distribution of Notice Between Sessions |
| 872 | (a) During the period when the Legislature is not in |
| 873 | session, before any council, committee, or subcommittee holds a |
| 874 | meeting for the purpose of considering a bill, a House combined |
| 875 | bill, a proposed House combined bill, or a proposed committee |
| 876 | bill, a notice of such meeting shall be filed with the Clerk no |
| 877 | later than 4:30 p.m. 7 calendar days before the Friday preceding |
| 878 | the week of the meeting. |
| 879 | (b) The notice shall state the date, time, and place of the |
| 880 | meeting, the bill or proposed bill number, and a portion of the |
| 881 | title sufficient for identification. |
| 882 | (c) If a council, committee, or subcommittee is approved |
| 883 | and scheduled for a meeting by the Speaker, but does not plan to |
| 884 | meet, a notice stating that no meeting is to be held shall be |
| 885 | filed with the Clerk and posted. |
| 886 | (d) The council or committee administrative assistant shall |
| 887 | transmit copies of the notice to the members of the council, |
| 888 | committee, or subcommittee and to the first-named sponsor of the |
| 889 | bill. |
| 890 | (e) Whenever timely, the Clerk shall enter such notices in |
| 891 | an Interim Calendar. |
| 892 | (f) When two meetings have been scheduled by a council, |
| 893 | committee, or subcommittee during a 30-day period when the |
| 894 | Legislature is not in session, the council or committee Chair may |
| 895 | provide in the notice for the first meeting that bills placed on |
| 896 | the agenda for the first meeting and not reported out shall be |
| 897 | available for consideration at the second meeting without further |
| 898 | notice. |
| 899 |
|
| 900 | 7.13--Reconsideration in Council, Committee, or Subcommittee |
| 901 | A motion for reconsideration in council, committee, or |
| 902 | subcommittee shall be treated in the following manner: |
| 903 | (a) When a main question has been decided by a council, |
| 904 | committee, or subcommittee, any member voting with the prevailing |
| 905 | side, or any member when the vote was a tie, may move for |
| 906 | reconsideration. |
| 907 | (b) Without recognition, a member voting on the prevailing |
| 908 | side on passage or defeat of a bill may, as a matter of right, |
| 909 | direct that the bill be retained through the next council, |
| 910 | committee, or subcommittee meeting for the purpose of |
| 911 | reconsideration. Such direction by an individual member may be |
| 912 | set aside by adoption of a motion to report the bill immediately, |
| 913 | which shall require a two-thirds vote. No bill may be directed to |
| 914 | be retained after the 40th day of a regular session or during any |
| 915 | extended or special session. |
| 916 | (c) A motion to reconsider a collateral matter must be |
| 917 | disposed of during the course of consideration of the main |
| 918 | subject to which it is related. |
| 919 | (d) If a bill has been directed to be retained, any member |
| 920 | may move for its reconsideration at the next meeting of the |
| 921 | council, committee, or subcommittee. |
| 922 | (e) If the council, committee, or subcommittee refuses to |
| 923 | reconsider or, upon reconsideration, confirms its prior decision, |
| 924 | no further motion to reconsider shall be in order except upon |
| 925 | unanimous consent of the council, committee, or subcommittee |
| 926 | members present. |
| 927 | (f) If a bill is not directed to be retained, it shall be |
| 928 | promptly reported to the Clerk. |
| 929 |
|
| 930 | 7.14--Open Meetings; Decorum |
| 931 | (a) All meetings of all councils, committees, and |
| 932 | subcommittees shall be open to the public at all times, subject |
| 933 | always to the authority of the Chair to maintain order and |
| 934 | decorum; however, when reasonably necessary for security purposes |
| 935 | or the protection of a witness, a Chair, with the concurrence of |
| 936 | the Speaker and the Minority Leader, may close a council, |
| 937 | committee, or subcommittee meeting, or portion thereof, and the |
| 938 | record of such meeting may not disclose the identity of the |
| 939 | witness appearing before the council, committee, or subcommittee. |
| 940 | (b) The Chair shall exercise all authority necessary to |
| 941 | maintain order and decorum, including the authority to require |
| 942 | all persons attending a council, committee, or subcommittee |
| 943 | meeting to silence all audible electronic equipment. |
| 944 |
|
| 945 | 7.15--Unfavorable Reports |
| 946 | (a) A bill reported unfavorably by a council or committee |
| 947 | shall be laid on the table. |
| 948 | (b) A bill reported unfavorably by a council or committee |
| 949 | may be taken from the table upon the motion of any member on the |
| 950 | floor, adopted by a two-thirds vote, after debate not to exceed 6 |
| 951 | minutes evenly divided between proponents and opponents of the |
| 952 | motion. |
| 953 | (c) A bill reported unfavorably by a subcommittee shall |
| 954 | appear on the agenda for the next meeting of the parent committee |
| 955 | following the unfavorable vote of the subcommittee, consistent |
| 956 | with time and notice requirements. A bill reported unfavorably by |
| 957 | a subcommittee shall be laid upon the table and shall be reported |
| 958 | unfavorably following the next meeting of the parent committee |
| 959 | after the unfavorable report of the subcommittee, unless a member |
| 960 | of the parent committee, at such meeting, makes a motion, which |
| 961 | shall be decided without debate, to take the bill from the table. |
| 962 | A two-thirds vote shall be required to take the bill from the |
| 963 | table. If the bill that previously had been reported unfavorably |
| 964 | by a subcommittee is taken from the table, the parent committee |
| 965 | shall take up the bill with debate limited to members of the |
| 966 | committee and the first-named sponsor. However, by a two-thirds |
| 967 | vote, the bill may receive a hearing de novo and witnesses shall |
| 968 | be permitted to testify. |
| 969 |
|
| 970 | 7.16--Voting in Council and Committee; Votes After Roll Call |
| 971 | (a) A majority of the members of a council, committee, or |
| 972 | subcommittee present, a quorum having been established, shall |
| 973 | agree by their recorded votes upon the disposition of any bill or |
| 974 | other main question considered by the council, committee, or |
| 975 | subcommittee. (Florida Constitution, Article III, Section 4(c), |
| 976 | in part: "... In any legislative committee or subcommittee, the |
| 977 | vote of each member voting on the final passage of any |
| 978 | legislation pending before the committee, and upon the request of |
| 979 | any two members of the committee or subcommittee, the vote of |
| 980 | each member on any other question, shall be recorded.") |
| 981 | (b) Absent members may submit an indication of how they |
| 982 | would have voted if present, but this shall not be counted on a |
| 983 | roll call. Such votes after roll call shall be attached to the |
| 984 | council or committee report when filed with the Clerk. |
| 985 |
|
| 986 | 7.17--Proxy Voting Prohibited |
| 987 | A member of a council, committee, or subcommittee may not, under |
| 988 | any circumstance, vote by proxy. |
| 989 |
|
| 990 | 7.18--Quorum Requirement |
| 991 | (a) A majority of the membership of the council, committee, |
| 992 | or subcommittee shall constitute a quorum. |
| 993 | (b) Only those members present may vote on any matter. |
| 994 | (c) A council, committee, or subcommittee may conduct a |
| 995 | workshop with or without a quorum. |
| 996 | (d) A council, committee, or subcommittee may not file a |
| 997 | report unless the council, committee, or subcommittee has met at |
| 998 | an authorized time and place, with a quorum present. |
| 999 |
|
| 1000 | 7.19--Nature and Contents of Council, Committee, and Subcommittee |
| 1001 | Reports |
| 1002 | (a) It shall be the duty of councils, committees, and |
| 1003 | subcommittees to report House bills either favorably, favorably |
| 1004 | with council or committee substitute, or unfavorably, and Senate |
| 1005 | bills either favorably, favorably with (number of) amendment(s), |
| 1006 | or unfavorably, but never without recommendation. A motion to lay |
| 1007 | a bill on the table shall be construed as a motion to report the |
| 1008 | pending bill unfavorably. |
| 1009 | (b) Each report of a council, committee, or subcommittee |
| 1010 | must contain the action of the council, committee, or |
| 1011 | subcommittee on the bill being transmitted, together with a |
| 1012 | Council, Committee, or Subcommittee Information Record stating: |
| 1013 | (1) The time and place of the meeting at which the action |
| 1014 | was taken; |
| 1015 | (2) The name and address of each person appearing before |
| 1016 | the council, committee, or subcommittee relative to the measure |
| 1017 | and, if an agent, the interest represented; and |
| 1018 | (3) The vote of each member of the council, committee, or |
| 1019 | subcommittee on the motion to report each bill. |
| 1020 | (c) Each report by a council, committee, or subcommittee |
| 1021 | shall set forth the identifying number of the bill, and, if a |
| 1022 | council or committee substitute is proposed by the council, |
| 1023 | committee, or subcommittee, the words "with council or committee |
| 1024 | substitute" or, in the case of Senate bills, if one or more |
| 1025 | amendments are proposed by the council, committee, or |
| 1026 | subcommittee, the words "with (number of) amendment(s)" shall |
| 1027 | follow the identifying number. For the purpose of documentation, |
| 1028 | councils, committees, and subcommittees shall retain copies of |
| 1029 | their reports and amendments adopted, rejected, or withdrawn, |
| 1030 | with the council, committee, or subcommittee action noted |
| 1031 | thereon. |
| 1032 | (d) Councils, committees, and subcommittees shall report |
| 1033 | their actions promptly, in the manner prescribed by these rules. |
| 1034 |
|
| 1035 | 7.20--Minority Reports |
| 1036 | Minority reports on any matter may be published in the Journal |
| 1037 | only by a majority vote of the House. |
| 1038 |
|
| 1039 | 7.21--Fiscal Analysis |
| 1040 | (a) All general bills affecting revenues, expenditures, or |
| 1041 | fiscal liability shall be accompanied by a fiscal analysis upon |
| 1042 | being reported favorably by a standing fiscal committee. |
| 1043 | (b) If any bill with a fiscal impact is reported favorably |
| 1044 | by any standing fiscal committee without a fiscal analysis having |
| 1045 | been prepared, it shall be the right of any member to raise a |
| 1046 | point of order on second reading and the Speaker may order the |
| 1047 | bill recommitted to the Fiscal Council. |
| 1048 | (c) Fiscal analyses shall state in dollars the estimated |
| 1049 | increase or decrease in revenues or expenditures and the present |
| 1050 | and future fiscal implication of the bill. A fiscal analysis |
| 1051 | shall be regarded as a memorandum of factual information and may |
| 1052 | be included within the body of the bill analysis that accompanies |
| 1053 | the bill, which statement shall be made available to members. |
| 1054 | (d) The fiscal analysis portion of the bill analysis shall |
| 1055 | not express comment or opinion relative to the merits of the |
| 1056 | legislation proposed, but should point out technical or |
| 1057 | mechanical defects. |
| 1058 | (e) The accuracy of a fiscal analysis shall not be a basis |
| 1059 | for a point of order under these rules. A fiscal analysis |
| 1060 | prepared for a House bill may be presumed as prepared also for |
| 1061 | its Senate companion. |
| 1062 |
|
| 1063 | 7.22--Council, Committee, and Subcommittee Amendments |
| 1064 | (a) Councils, committees, and subcommittees may only |
| 1065 | consider amendments presented in final written form prior to |
| 1066 | adoption. |
| 1067 | (b) Any member may offer an amendment to a bill being |
| 1068 | considered by any council, committee, or subcommittee of the |
| 1069 | House and shall be recognized to introduce and close on the |
| 1070 | amendment. If not appointed to the council, committee, or |
| 1071 | subcommittee, a member who offers an amendment must comply with |
| 1072 | the amendment filing deadline and must be present at the meeting. |
| 1073 | If such member is not present, the amendment may be considered |
| 1074 | only if taken up and offered by a member who is appointed to the |
| 1075 | council, committee, or subcommittee. |
| 1076 | (c) During the first 45 calendar days of a regular session, |
| 1077 | the filing deadline for amendments to be offered in a council, |
| 1078 | committee, or subcommittee by non-appointed members shall be 5 |
| 1079 | p.m., 1 day (excluding Saturday and Sunday) in advance of the |
| 1080 | council, committee, or subcommittee meeting. After the 45th day |
| 1081 | and during any extended session, such amendments shall be filed 2 |
| 1082 | hours before the council, committee, or subcommittee meeting. |
| 1083 | Amendments introduced by council, committee, or subcommittee |
| 1084 | members, including ex officio members, shall not be subject to |
| 1085 | these filing deadlines and may be offered at any time during |
| 1086 | consideration of a bill. |
| 1087 | (d) Councils and committees shall propose revisions to |
| 1088 | House bills only in the form of a single amendment. The amendment |
| 1089 | shall be made up of the text of the bill with recommended changes |
| 1090 | engrossed. Such a measure shall be known as a council or |
| 1091 | committee substitute and shall be treated as the bill. A council |
| 1092 | or committee of later reference shall address itself for purposes |
| 1093 | of amendment to the most recently adopted council or committee |
| 1094 | substitute, if one accompanies the pending measure. An earlier |
| 1095 | council or committee substitute shall be laid on the table upon |
| 1096 | adoption of a council or committee substitute by a later council |
| 1097 | or committee of reference. |
| 1098 |
|
| 1099 | 7.23--Council and Committee Information Records; Designation of |
| 1100 | Committee Bill Cosponsors |
| 1101 | (a) A council, in introducing a House combined bill, shall |
| 1102 | submit a Council Information Record; and a committee, in |
| 1103 | introducing a committee bill or a House combined bill, shall |
| 1104 | submit a Committee Information Record. |
| 1105 | (b) In introducing a committee bill, the Chair shall |
| 1106 | designate a member of the committee as cosponsor, with the |
| 1107 | approval of such member, and may designate other members of the |
| 1108 | committee as cosponsors, with their approval. |
| 1109 |
|
| 1110 | Part Three--Conference Committees |
| 1111 |
|
| 1112 | 7.24--Conference Committee Meetings; Procedures |
| 1113 | (a) Meetings of conference committees shall be open to the |
| 1114 | public at all times, subject to the authority of the Chair to |
| 1115 | maintain order and decorum. Once appointed, the conference |
| 1116 | committee shall determine its procedures. |
| 1117 | (b) The Chair of any conference committee shall give notice |
| 1118 | at least 2 hours prior to the meeting and after the 50th day of a |
| 1119 | regular session or during any extended or special session 1 |
| 1120 | hour's notice of intention to meet. |
| 1121 |
|
| 1122 | 7.25--Composition of Conference Committee |
| 1123 | (a) A conference committee shall consist of managers from |
| 1124 | each house. The Speaker shall appoint the House managers of all |
| 1125 | conference committees. The Speaker shall determine the number as |
| 1126 | need appears and shall appoint no less than a majority who |
| 1127 | generally supported the House position as determined by the |
| 1128 | Speaker. In addition, the Speaker shall name the House Chair of |
| 1129 | each conference committee and may also name the House Vice Chair. |
| 1130 | The Speaker shall give notice of such appointments in writing to |
| 1131 | the Clerk for publication in the Journal. |
| 1132 | (b) The conference committee shall select one of its |
| 1133 | members to preside. A conference committee report shall require |
| 1134 | the affirmative votes of a majority of the managers from each |
| 1135 | house. |
| 1136 |
|
| 1137 | 7.26--Presentation of Conference Committee Report |
| 1138 | (a) The receiving of conference committee reports shall |
| 1139 | always be in order, except when the House is voting on any |
| 1140 | proposition. When a conference committee report is presented to |
| 1141 | the House, the sequence shall be: |
| 1142 | (1) The vote first shall be on whether the report shall be |
| 1143 | considered at that time. |
| 1144 | (2) The next vote shall be on acceptance or rejection of |
| 1145 | the report in its entirety. The report must be acted upon as a |
| 1146 | whole, being agreed to or disagreed to in its entirety. |
| 1147 | (3) The final vote shall be a roll call on the passage of |
| 1148 | the bill as amended by the report. |
| 1149 | (b) If either paragraph (a)(2) or paragraph (a)(3) fails, |
| 1150 | the report shall be automatically recommitted to the conference |
| 1151 | committee. If a motion to reconsider is made, the vote first |
| 1152 | would be on paragraph (a)(2) and then on paragraph (a)(3). |
| 1153 |
|
| 1154 | 7.27--Form of Conference Committee Report |
| 1155 | (a) When a conference committee has redrafted a bill, the |
| 1156 | committee shall report an amendment removing everything after the |
| 1157 | enacting clause, together with an appropriate title amendment if |
| 1158 | needed. |
| 1159 | (b) Each conference committee report must be accompanied by |
| 1160 | a statement, written or oral, to inform the House of the effect |
| 1161 | of the report on the measure to which it relates. |
| 1162 |
|
| 1163 | 7.28--Time Restraints on Conference Committees |
| 1164 | (a) During the first 54 calendar days of a regular session, |
| 1165 | it shall be a motion of highest privilege either to discharge the |
| 1166 | House managers and appoint new House managers or to instruct the |
| 1167 | House managers after House and Senate managers have been |
| 1168 | appointed for 7 calendar days and have failed to report. |
| 1169 | (b) During the last 6 calendar days of a regular session, |
| 1170 | it shall be a motion of highest privilege either to discharge the |
| 1171 | House managers and appoint new House managers or to instruct the |
| 1172 | House managers after House and Senate managers have been |
| 1173 | appointed for 36 hours and have failed to report. |
| 1174 |
|
| 1175 | 7.29--When Managers Are Unable to Agree |
| 1176 | When a conference committee is appointed in reference to any bill |
| 1177 | and the House managers report inability to agree, no action of |
| 1178 | the House taken prior to such appointment shall preclude further |
| 1179 | action by the House as the House may determine. |
| 1180 |
|
| 1181 | Part Four--Oversight Powers and Responsibilities |
| 1182 |
|
| 1183 | 7.30--Oversight Powers and Responsibilities of Councils, |
| 1184 | Committees, and Subcommittees |
| 1185 | (a) Councils, committees, and subcommittees are authorized: |
| 1186 | (1) To maintain a continuous review of the work of the |
| 1187 | state agencies concerned with their subject areas and the |
| 1188 | performance of the functions of government within each subject |
| 1189 | area; |
| 1190 | (2) To invite public officials, public employees, and |
| 1191 | private individuals to appear before the councils, committees, or |
| 1192 | subcommittees to submit information; |
| 1193 | (3) To request reports from departments performing |
| 1194 | functions reasonably related to the committees' jurisdictions; |
| 1195 | (4) To complete the interim projects assigned by the |
| 1196 | Speaker; and |
| 1197 | (5) To conduct such other business as directed by the |
| 1198 | Speaker. |
| 1199 | (b) In order to carry out its duties, each council, |
| 1200 | committee, or subcommittee has the reasonable right and authority |
| 1201 | to inspect and investigate the books, records, papers, documents, |
| 1202 | data, operation, and physical plant of any public agency in this |
| 1203 | state. |
| 1204 | (c) In order to carry out the duties of the council, |
| 1205 | committee, or subcommittee, the Chair of the council or committee |
| 1206 | may issue subpoenas duces tecum, as provided in Rule 16.1, and |
| 1207 | other necessary process to compel the attendance of witnesses |
| 1208 | either before the council, committee, or subcommittee or at |
| 1209 | deposition and the production of any books, letters, or other |
| 1210 | documentary evidence required by such council or committee. Any |
| 1211 | member of a council, committee, or subcommittee may administer |
| 1212 | all oaths and affirmations. |
| 1213 |
|
| 1214 | RULE EIGHT |
| 1215 | DEBATE AND CHAMBER PROTOCOL |
| 1216 |
|
| 1217 | Part One--Privilege of the Floor |
| 1218 |
|
| 1219 | 8.1--Privilege of the Floor |
| 1220 | (a) Only present members of the House and of the Senate, |
| 1221 | and contestants in election cases during the pendency of their |
| 1222 | cases in the House, shall be admitted during regular daily |
| 1223 | sessions to the Chamber of the House. |
| 1224 | (b) The Governor, the Lieutenant Governor, Cabinet members, |
| 1225 | Justices of the Supreme Court, members of Congress, visiting |
| 1226 | dignitaries, official guests, and former members of the |
| 1227 | Legislature who are not interested in any claim or directly in |
| 1228 | any bill pending before the Legislature, may be granted the |
| 1229 | privilege of the floor by the House. |
| 1230 | (c) House employees may be admitted to the Chamber as |
| 1231 | determined by the Speaker. |
| 1232 | (d) Persons granted the privilege of the floor may not |
| 1233 | lobby the members while the House is in session, unless by motion |
| 1234 | granted leave to address the House. |
| 1235 | (e) When the House is in session, all persons in the House |
| 1236 | Chamber shall be dressed in proper business attire. |
| 1237 |
|
| 1238 | Part Two--Speaking |
| 1239 |
|
| 1240 | 8.2--Addressing the House; Requirements to Spread Remarks Upon |
| 1241 | the Journal |
| 1242 | (a) When a member desires to speak or deliver any matter to |
| 1243 | the House, the member shall rise and respectfully address the |
| 1244 | Speaker as "Mr. (or Madam) Speaker" and shall confine all remarks |
| 1245 | to the question under debate, avoiding personalities. Once |
| 1246 | recognized, a member may speak from the member's desk or may, |
| 1247 | with the Speaker's permission, speak from the well. |
| 1248 | (b) Any motion to spread remarks upon the Journal, except |
| 1249 | those of the Governor or the Speaker, shall be referred to the |
| 1250 | Chair of the Rules & Calendar Council for recommendation before |
| 1251 | being put to the House. |
| 1252 |
|
| 1253 | 8.3--When Two Members Rise at Once |
| 1254 | When two or more members rise at once, the Speaker shall name the |
| 1255 | one who is to speak first. This decision shall be final and not |
| 1256 | open to debate or appeal. |
| 1257 |
|
| 1258 | 8.4--Recognition of Members |
| 1259 | There shall be no appeal from the Speaker's recognition, but the |
| 1260 | Speaker shall be governed by the rules and usage in priority of |
| 1261 | entertaining motions from the floor. When a member seeks |
| 1262 | recognition, the Speaker may ask, "For what purpose does the |
| 1263 | member rise?" or "For what purpose does the member seek |
| 1264 | recognition?" |
| 1265 |
|
| 1266 | 8.5--Recognition of Gallery Visitors and Physician of the Day |
| 1267 | On written request by a member, on a form prescribed by the |
| 1268 | Clerk, the Speaker may recognize or permit the member to |
| 1269 | recognize any person or persons in the gallery. After granting a |
| 1270 | request for recognition, the Speaker shall afford that |
| 1271 | recognition at a convenient place in the order of business, |
| 1272 | considering the need for order and decorum and the need for |
| 1273 | continuity of debate. At an appropriate time during proceedings |
| 1274 | on the floor, the Speaker may recognize a Physician of the Day. |
| 1275 |
|
| 1276 | Part Three--Debate |
| 1277 |
|
| 1278 | 8.6--Decorum |
| 1279 | The members shall attend to the debates unless necessarily |
| 1280 | prevented, and no member shall stand between the Speaker and a |
| 1281 | member recognized to speak. |
| 1282 |
|
| 1283 | 8.7--Speaking and Debate; Right to Close |
| 1284 | (a) A member may not speak more than once nor occupy more |
| 1285 | than 15 minutes in debate on any question. A member who has the |
| 1286 | floor may not be interrupted by another member for any purpose, |
| 1287 | save the privilege of the House, unless he or she consents to |
| 1288 | yield to the other member. A member desiring to interrupt another |
| 1289 | in debate should first address the Speaker for the permission of |
| 1290 | the member speaking. The Speaker shall then ask the member who |
| 1291 | has the floor if he or she wishes to yield, and then announce the |
| 1292 | decision of that member. Whether to yield shall be entirely |
| 1293 | within the speaking member's discretion; however, this subsection |
| 1294 | shall not deprive the first-named sponsor or mover of the right |
| 1295 | to close when the effect of an amendment or motion would be to |
| 1296 | kill the bill, amendment, or motion. |
| 1297 | (b) Debate may not be disguised in the form of a question. |
| 1298 |
|
| 1299 | 8.8--Right to Open and Close Debate |
| 1300 | The member presenting a motion shall have the right to open and |
| 1301 | close the debate, and for this purpose may speak each time up to |
| 1302 | 10 minutes, unless otherwise limited by majority vote of the |
| 1303 | House, notwithstanding the limitation in Rule 8.7(a). |
| 1304 |
|
| 1305 | Part Four--Materials and Meals in Chamber |
| 1306 |
|
| 1307 | 8.9--Distribution of Materials in Chamber; Meals in Chamber |
| 1308 | (a) The following constitutes policy regarding material |
| 1309 | distributed to the general membership through the Sergeant at |
| 1310 | Arms' Office and pages: |
| 1311 | (1) All material prior to such distribution must be |
| 1312 | approved by the Chair of the Rules & Calendar Council. |
| 1313 | (2) The following official materials are approved: House |
| 1314 | and Senate bills, resolutions, memorials, and amendments thereto, |
| 1315 | and official calendars and journals; council, committee, and |
| 1316 | subcommittee meeting notices; communications from the Speaker and |
| 1317 | Clerk and official communications from the Senate; and official |
| 1318 | staff reports of councils or standing or select committees or of |
| 1319 | the majority or minority parties. |
| 1320 | (b) Meals will not be allowed on the floor without |
| 1321 | concurrence of a majority vote. This shall not be construed to |
| 1322 | prevent the serving of drinks such as juices, coffee, tea, soft |
| 1323 | drinks, milk, and the like. |
| 1324 |
|
| 1325 | Part Five--Miscellaneous Papers |
| 1326 |
|
| 1327 | 8.10--Miscellaneous Papers |
| 1328 | Papers of a miscellaneous nature addressed to the House may, at |
| 1329 | the discretion of the Speaker, be read, noted in the Journal, or |
| 1330 | filed with the appropriate committee. When the reading of a paper |
| 1331 | other than one upon which the House is called to give a final |
| 1332 | vote is demanded, and such reading is objected to by any member, |
| 1333 | it shall be determined without debate by the House by a majority |
| 1334 | vote. |
| 1335 |
|
| 1336 | RULE NINE |
| 1337 | VOTING |
| 1338 |
|
| 1339 | 9.1--Members Shall Vote |
| 1340 | Every member shall be within the House Chamber during its |
| 1341 | sittings, unless excused or necessarily prevented, and shall vote |
| 1342 | on each question put. |
| 1343 |
|
| 1344 | 9.2--Taking the Yeas and Nays |
| 1345 | The Speaker shall declare all votes, but if any member rises to |
| 1346 | doubt a vote, upon a showing of hands by five members, the |
| 1347 | Speaker shall take the sense of the House by oral or electronic |
| 1348 | roll call. When taking the yeas and nays on any question, the |
| 1349 | electronic roll-call system may be used and when so used shall |
| 1350 | have the force and effect of a roll call taken as provided in |
| 1351 | these rules. This system likewise may be used to determine the |
| 1352 | presence of a quorum. When the House is ready to vote upon a |
| 1353 | question requiring roll call, and the vote is by electronic roll |
| 1354 | call, the Speaker shall say, "The question now recurs on |
| 1355 | (designating the matter to be voted upon). The Clerk will unlock |
| 1356 | the machine and the House will proceed to vote." When sufficient |
| 1357 | time has elapsed for each member to vote, the Speaker shall ask, |
| 1358 | "Have all members voted?" After a short pause the Speaker shall |
| 1359 | say, "The Clerk will lock the machine and record the vote." When |
| 1360 | the vote is completely recorded, the Speaker shall announce the |
| 1361 | result to the House, and the Clerk shall record the action upon |
| 1362 | the Journal. |
| 1363 |
|
| 1364 | 9.3--Vote of the Speaker or Temporary Presiding Officer |
| 1365 | The Speaker or temporary presiding officer is not required to |
| 1366 | vote in legislative proceedings other than on final passage of a |
| 1367 | bill, except when the Speaker's or temporary presiding officer's |
| 1368 | vote would be decisive. In all yea and nay votes, the Speaker's |
| 1369 | or temporary presiding officer's name shall be called last. With |
| 1370 | respect to voting, the Speaker or temporary presiding officer is |
| 1371 | subject to the same disqualification and disclosure requirements |
| 1372 | as any other member. |
| 1373 |
|
| 1374 | 9.4--Votes After Roll Call; Finality of a Roll Call Vote |
| 1375 | (a) After the result of a roll call has been announced, a |
| 1376 | member may submit to the Clerk an indication of how the member |
| 1377 | would have voted or would have voted differently. The Clerk shall |
| 1378 | provide forms for the recording of these actions. When timely |
| 1379 | made, these requests shall be shown beneath the roll call in the |
| 1380 | Journal. Otherwise, the request shall be shown separately in the |
| 1381 | Journal. |
| 1382 | (b) In no instance, other than by reason of an electronic |
| 1383 | or mechanical malfunction, shall the result of a voting machine |
| 1384 | roll call on any question be changed. |
| 1385 |
|
| 1386 | 9.5--No Member to Vote for Another Except by Request |
| 1387 | (a) No member may vote for another member except at the |
| 1388 | other member's specific request when absent from his or her seat |
| 1389 | but present elsewhere in the Chamber, nor may any person who is |
| 1390 | not a member cast a vote for a member. |
| 1391 | (b) In no case shall a member vote for another on a quorum |
| 1392 | call. |
| 1393 | (c) Any member who votes or attempts to vote for another |
| 1394 | member in violation of this rule may be disciplined in such a |
| 1395 | manner as the House may deem proper. |
| 1396 | (d) Any person who is not a member and who votes in the |
| 1397 | place of a member shall be subject to such discipline as the |
| 1398 | House may deem proper. |
| 1399 |
|
| 1400 | 9.6--Explanation of Vote |
| 1401 | A member may not explain his or her vote during a roll call, but |
| 1402 | may reduce his or her explanation to writing, in not more than |
| 1403 | 200 words in an electronic format. Upon being filed with the |
| 1404 | Clerk, this explanation shall be spread upon the Journal. |
| 1405 |
|
| 1406 | RULE TEN |
| 1407 | ORDER OF BUSINESS AND CALENDARS |
| 1408 |
|
| 1409 | Part One--Order of Business |
| 1410 |
|
| 1411 | 10.1--Daily Sessions |
| 1412 | The House shall meet each legislative day at 9 a.m. or as stated |
| 1413 | in the motion adjourning the House on the prior legislative day |
| 1414 | on which the House met. |
| 1415 |
|
| 1416 | 10.2--Daily Order of Business |
| 1417 | (a) When the House convenes on a new legislative day, the |
| 1418 | daily order of business shall be as follows: |
| 1419 | 1. Call to Order |
| 1420 | 2. Prayer |
| 1421 | 3. Roll Call |
| 1422 | 4. Pledge of Allegiance |
| 1423 | 5. Correction of the Journal |
| 1424 | 6. Communications |
| 1425 | 7. Messages from the Senate |
| 1426 | 8. Reports of Councils and Standing Committees |
| 1427 | 9. Reports of Select Committees |
| 1428 | 10. Motions Relating to Council and Committee References |
| 1429 | 11. Matters on Reconsideration |
| 1430 | 12. Bills and Joint Resolutions on Third Reading |
| 1431 | 13. Special Orders |
| 1432 | 14. House Resolutions |
| 1433 | 15. Unfinished Business |
| 1434 | 16. Introduction and Reference. |
| 1435 | (b) During special sessions, the order of business of |
| 1436 | Introduction and Reference shall be called for immediately |
| 1437 | following the order of business of Correction of the Journal. |
| 1438 | (c) Within each order of business, matters shall be |
| 1439 | considered in the order in which they appear on the daily printed |
| 1440 | Calendar. |
| 1441 | (d) After the 45th day of a regular session, by a majority |
| 1442 | vote, the House may, on motion of the Chair or Vice Chair of the |
| 1443 | Rules & Calendar Council, move to Communications, Messages from |
| 1444 | the Senate, Bills and Joint Resolutions on Third Reading, or |
| 1445 | Special Orders. The motion may provide which matter on such order |
| 1446 | of business may be considered. |
| 1447 |
|
| 1448 | 10.3--Chaplain to Offer Prayer |
| 1449 | A chaplain shall attend at the beginning of each day's sitting of |
| 1450 | the House and open the same with prayer. In the absence of a |
| 1451 | chaplain, the Speaker may designate someone else to offer prayer. |
| 1452 |
|
| 1453 | 10.4--Quorum |
| 1454 | A majority of the membership of the House shall constitute a |
| 1455 | quorum to conduct business. |
| 1456 |
|
| 1457 | 10.5--Consideration of Senate Messages: Generally |
| 1458 | Senate messages may be considered by the House at the time and in |
| 1459 | the order determined by the Speaker. |
| 1460 |
|
| 1461 | Part Two--Readings |
| 1462 |
|
| 1463 | 10.6--"Reading" Defined |
| 1464 | "Reading" means the stage of consideration of a bill, resolution, |
| 1465 | or memorial after reading of a portion of the title sufficient |
| 1466 | for identification, as determined by the Speaker. |
| 1467 |
|
| 1468 | 10.7--Reading of Bills and Joint Resolutions |
| 1469 | Each bill and each joint resolution shall be read on 3 separate |
| 1470 | days prior to a vote upon final passage unless this rule is |
| 1471 | waived by a two-thirds vote, provided the publication of a bill |
| 1472 | or joint resolution by its title in the Journal shall satisfy the |
| 1473 | requirements of first reading. |
| 1474 |
|
| 1475 | 10.8--Reading of Concurrent Resolutions and Memorials |
| 1476 | Concurrent resolutions and memorials shall be read on 2 separate |
| 1477 | days prior to a voice vote upon adoption, except that concurrent |
| 1478 | resolutions extending a legislative session or involving other |
| 1479 | procedural legislative matters may be read twice without motion |
| 1480 | on the same legislative day. |
| 1481 |
|
| 1482 | 10.9--Reading of House Resolutions |
| 1483 | (a) A House resolution shall receive two readings by title |
| 1484 | only prior to a voice vote upon adoption. |
| 1485 | (b) Ceremonial resolutions may be shown as read and adopted |
| 1486 | by publication in full in the Journal in accordance with Rule |
| 1487 | 10.16. |
| 1488 |
|
| 1489 | 10.10--Measures on Third Reading |
| 1490 | (a) Bills on third reading shall be taken up in the order |
| 1491 | in which the House concluded action on them on second reading. |
| 1492 | (b) Before any bill shall be read the third time, whether |
| 1493 | amended or not, it shall be referred without motion to the |
| 1494 | Engrossing Clerk for examination and, if amended, the engrossing |
| 1495 | of amendments. In the case of any Senate bill amended in the |
| 1496 | House, the amendment adopted shall be reproduced and attached to |
| 1497 | the bill amended in such manner that it will not be lost |
| 1498 | therefrom. |
| 1499 | (c) A bill shall be deemed on its third reading when it has |
| 1500 | been read a second time on a previous day and has no motion left |
| 1501 | pending. |
| 1502 |
|
| 1503 | Part Three--Calendars |
| 1504 |
|
| 1505 | 10.11--Special Order Calendar |
| 1506 | (a) REGULAR SESSION |
| 1507 | (1) The Rules & Calendar Council shall periodically submit, |
| 1508 | as needed, a Special Order Calendar determining the sequence for |
| 1509 | consideration of legislation. The Special Order Calendar may |
| 1510 | include bills on second reading, bills on unfinished business, |
| 1511 | resolutions, and specific sections for local bills, trust fund |
| 1512 | bills, and bills to be taken up at a time certain. Upon adoption |
| 1513 | of a Special Order Calendar, no other bills shall be considered |
| 1514 | for the time period set forth for that Special Order Calendar, |
| 1515 | except that any bill appearing on that Special Order Calendar may |
| 1516 | be stricken from it by a majority vote or any bill may be added |
| 1517 | to it pursuant to Rule 10.12. A previously adopted Special Order |
| 1518 | Calendar shall expire upon adoption by the House of a new Special |
| 1519 | Order Calendar. |
| 1520 | (2) Any council, committee, or member may apply in writing |
| 1521 | to the Chair of the Rules & Calendar Council to place a bill on |
| 1522 | the Special Order Calendar. The Rules & Calendar Council may |
| 1523 | grant such requests by a majority vote. |
| 1524 | (3) During the regular session, the Special Order Calendar |
| 1525 | shall be published in two Calendars of the House, and it may be |
| 1526 | taken up on the day of the second published Calendar. After the |
| 1527 | 55th day of the regular session, the Special Order Calendar shall |
| 1528 | be published in one Calendar of the House and may be taken up on |
| 1529 | the day the Calendar is published. |
| 1530 | (b) EXTENDED OR SPECIAL SESSION |
| 1531 | (1) If the Legislature extends a legislative session, all |
| 1532 | bills on the Calendar of the House at the time of expiration of |
| 1533 | the regular session shall be placed in the Rules & Calendar |
| 1534 | Council. |
| 1535 | (2) During any extended or special session, all bills upon |
| 1536 | being reported favorably by the last council or committee of |
| 1537 | reference shall be placed in the Rules & Calendar Council. |
| 1538 | (3) During any extended or special session, the Rules & |
| 1539 | Calendar Council shall establish a Special Order Calendar and |
| 1540 | only those bills on such Special Order Calendar shall be placed |
| 1541 | on the Calendar of the House. |
| 1542 | (4) During any extended or special session, the Special |
| 1543 | Order Calendar shall be published in one Calendar of the House |
| 1544 | and may be taken up on the day the Calendar is published. |
| 1545 |
|
| 1546 | 10.12--Consideration of Bills Not on Special Order |
| 1547 | A bill not included on the Special Order Calendar may be |
| 1548 | considered by the House upon a two-thirds vote. |
| 1549 |
|
| 1550 | 10.13--Consent Calendar |
| 1551 | The Rules & Calendar Council may submit Consent Calendar |
| 1552 | procedures to expedite the consideration of non-controversial |
| 1553 | legislation. |
| 1554 |
|
| 1555 | 10.14--Requirements for Placement on Special Order |
| 1556 | No measure may be placed on a Special Order Calendar until it has |
| 1557 | been reported favorably by each council and committee of |
| 1558 | reference and is available for consideration on the floor. |
| 1559 |
|
| 1560 | 10.15--Informal Deferral of Bills |
| 1561 | Whenever the member who introduced a bill, the first-named member |
| 1562 | sponsor of a committee bill, or the lead sponsor of a House |
| 1563 | combined bill is absent from the Chamber when the bill has been |
| 1564 | reached in the regular order on second or third reading, |
| 1565 | consideration shall be informally deferred until such member's |
| 1566 | return, unless another member consents to offer the bill on |
| 1567 | behalf of the original member. The bill shall retain its position |
| 1568 | on the Calendar of the House during the same legislative day. The |
| 1569 | member shall have the responsibility of making the motion for its |
| 1570 | subsequent consideration. |
| 1571 |
|
| 1572 | Part Four--Ceremonial Resolutions |
| 1573 |
|
| 1574 | 10.16--Ceremonial Resolutions Published in Journal |
| 1575 | Upon approval of the Chair of the Rules & Calendar Council, a |
| 1576 | ceremonial resolution may be shown as read and adopted by |
| 1577 | publication in full in the Journal. The Rules & Calendar Council |
| 1578 | shall distribute a list of such resolutions 1 day (excluding |
| 1579 | Saturday and Sunday) prior to the day of their publication, |
| 1580 | during which time any member may file an objection with the Rules |
| 1581 | & Calendar Council to any resolution listed. Each resolution for |
| 1582 | which an objection has been filed shall be removed from the list |
| 1583 | and placed on the Calendar of the House. All resolutions without |
| 1584 | objections shall be printed on the next legislative day in the |
| 1585 | Journal and considered adopted by the House. |
| 1586 |
|
| 1587 | Part Five--Procedural Limitations in Final Week |
| 1588 |
|
| 1589 | 10.17--Consideration Limits to Bills After Day 55 |
| 1590 | After the 55th calendar day of a regular session, no House bills |
| 1591 | on second reading may be taken up and considered by the House. |
| 1592 |
|
| 1593 | 10.18--Consideration Limits After Day 58 |
| 1594 | After the 58th calendar day of a regular session, the House may |
| 1595 | consider only: |
| 1596 | (a) Senate messages |
| 1597 | (b) Conference reports |
| 1598 | (c) Concurrent resolutions. |
| 1599 |
|
| 1600 | RULE ELEVEN |
| 1601 | MOTIONS |
| 1602 |
|
| 1603 | 11.1--Motions; How Made |
| 1604 | Every motion shall be made orally, except when requested by the |
| 1605 | Speaker to be reduced to writing. |
| 1606 |
|
| 1607 | 11.2--Precedence of Motions During Debate |
| 1608 | (a) When a question is under debate, the Speaker shall |
| 1609 | receive no motion except: |
| 1610 | (1) To adjourn at a time certain |
| 1611 | (2) To adjourn |
| 1612 | (3) To recess to a time certain |
| 1613 | (4) To lay on the table |
| 1614 | (5) To reconsider |
| 1615 | (6) For the previous question |
| 1616 | (7) To limit debate |
| 1617 | (8) To temporarily postpone |
| 1618 | (9) To postpone to a time or day certain |
| 1619 | (10) To refer to or to recommit to council or committee |
| 1620 | (11) To amend |
| 1621 | (12) To amend by removing the enacting or resolving clause. |
| 1622 | (b) Such motions shall have precedence in the descending |
| 1623 | order given. |
| 1624 |
|
| 1625 | 11.3--Questions of Order Decided Without Debate |
| 1626 | All procedural questions of order, arising after a motion is made |
| 1627 | for any of the motions named in Rule 11.2 and pending that |
| 1628 | motion, shall be decided by the Speaker without debate, whether |
| 1629 | on appeal or otherwise; however, the Speaker may ask the House |
| 1630 | for comment. |
| 1631 |
|
| 1632 | 11.4--Division of Question |
| 1633 | Any member may call for a division of a question when the sense |
| 1634 | will admit of it. A motion to remove and insert shall be deemed |
| 1635 | indivisible. A motion to remove, being lost, shall preclude |
| 1636 | neither amendment nor a motion to remove and insert. |
| 1637 |
|
| 1638 | 11.5--Motion to Recess to a Time Certain |
| 1639 | A motion to recess to a time certain shall be treated the same as |
| 1640 | a motion to adjourn, except that the motion is debatable when no |
| 1641 | business is before the House and can be amended as to the time to |
| 1642 | recess and duration of the recess. It yields only to a motion to |
| 1643 | adjourn. |
| 1644 |
|
| 1645 | 11.6--Motion to Lay on the Table |
| 1646 | A motion to lay on the table is not debatable and cannot be |
| 1647 | amended; however, before the motion is put, the first-named |
| 1648 | sponsor of a bill or the mover of a debatable motion shall be |
| 1649 | allowed 5 minutes within which to discuss the same and may divide |
| 1650 | the time with, or waive this right in favor of, some other |
| 1651 | member. A motion to table a main question requires a majority |
| 1652 | vote. A motion to lay an amendment on the table, if adopted, does |
| 1653 | not carry with it the measure to which it adheres. A motion to |
| 1654 | lay an amendment on the table may be adopted by a majority vote. |
| 1655 |
|
| 1656 | 11.7--Motion to Reconsider; Immediate Certification of Bills |
| 1657 | (a) When a motion or main question has been made and |
| 1658 | carried or lost, it shall be in order at any time as a matter of |
| 1659 | right on the same or succeeding legislative day for a member |
| 1660 | voting with the prevailing side, or for any member in the case of |
| 1661 | a voice or tie vote, to move for reconsideration thereof. |
| 1662 | (b) When a majority of members vote in the affirmative but |
| 1663 | the proposition is lost because it is one in which the |
| 1664 | concurrence of a greater number than a majority is necessary for |
| 1665 | adoption or passage, any member may move for a reconsideration. |
| 1666 | (c) The motion to reconsider shall require a majority vote |
| 1667 | for adoption, and such motion shall not be renewed on any |
| 1668 | proposition, after once being considered by vote of the House, |
| 1669 | except by unanimous consent. |
| 1670 | (d) Debate shall be allowed on a motion to reconsider only |
| 1671 | when the question that it is proposing to reconsider is |
| 1672 | debatable. When debate upon a motion to reconsider is in order, |
| 1673 | no member shall speak thereon more than once or for more than 5 |
| 1674 | minutes. |
| 1675 | (e) The adoption of a motion to reconsider a vote upon any |
| 1676 | secondary matter shall not remove the main subject under |
| 1677 | consideration from consideration of the House. |
| 1678 | (f) A motion to reconsider a collateral matter must be |
| 1679 | disposed of at once during the course of the consideration of the |
| 1680 | main subject to which it is related, and such motion shall be out |
| 1681 | of order after the House has passed to other business. |
| 1682 | (g) No bill referred or recommitted to a council or |
| 1683 | committee by a vote of the House shall be brought back into the |
| 1684 | House on a motion to reconsider. |
| 1685 | (h) The Clerk shall retain possession of all bills and |
| 1686 | joint resolutions for the period after passage during which |
| 1687 | reconsideration may be moved, except that local bills, concurrent |
| 1688 | resolutions, and memorials shall be transmitted to the Senate |
| 1689 | without delay. |
| 1690 | (i) The adoption of a motion to waive the rules and |
| 1691 | immediately certify any bill to the Senate shall be construed as |
| 1692 | releasing the measure from the Clerk's possession for the period |
| 1693 | of reconsideration. |
| 1694 | (j) Unless otherwise directed by the Speaker, during the |
| 1695 | last 14 days of a regular session or any extensions thereof and |
| 1696 | during any special session, all measures acted on by the House |
| 1697 | shall be transmitted to the Senate without delay. |
| 1698 |
|
| 1699 | 11.8--Motion for the Previous Question |
| 1700 | (a) The previous question may be asked and ordered upon any |
| 1701 | debatable single motion, series of motions, or amendment pending |
| 1702 | and the effect thereof shall be to conclude all action on the |
| 1703 | same day. If third reading is reached on another day, the order |
| 1704 | for the previous question must be renewed on that day. |
| 1705 | (b) The motion for the previous question shall be decided |
| 1706 | without debate. If the motion prevails, the sponsor of a bill or |
| 1707 | debatable motion and an opponent shall be allowed 3 minutes each |
| 1708 | within which to debate the pending question, and each may divide |
| 1709 | the time with, or waive this right in favor of, some other |
| 1710 | member. On second reading the final available question is the |
| 1711 | main amendment; on third reading it is the bill. |
| 1712 | (c) When the motion for the previous question is adopted on |
| 1713 | a main question, the sense of the House shall be taken without |
| 1714 | delay on pending amendments and such question in the regular |
| 1715 | order. |
| 1716 | (d) The motion for the previous question may not be made by |
| 1717 | the first-named sponsor or mover. |
| 1718 |
|
| 1719 | 11.9--Motion to Limit Debate |
| 1720 | When there is debate by the House, it shall be in order for a |
| 1721 | member to move to limit debate and such motion shall be decided |
| 1722 | without debate, except that the first-named sponsor or mover of |
| 1723 | the question under debate shall have 5 minutes within which to |
| 1724 | discuss the motion and may divide the allotted time with, or |
| 1725 | waive it in favor of, some other member. If, by majority vote, |
| 1726 | the question is decided in the affirmative, debate shall be |
| 1727 | limited to 10 minutes for each side, unless a greater time is |
| 1728 | stated in the motion, such time to be apportioned by the Speaker; |
| 1729 | however, the first-named sponsor or mover shall have an |
| 1730 | additional 5 minutes within which to close the debate and may |
| 1731 | divide the allotted time with, or waive it in favor of, some |
| 1732 | other member. |
| 1733 |
|
| 1734 | 11.10--Motion to Temporarily Postpone |
| 1735 | The motion to temporarily postpone shall be decided without |
| 1736 | debate and shall cause a measure to be set aside but retained on |
| 1737 | the desk. If a main question has been temporarily postponed after |
| 1738 | having been debated or after motions have been applied and is not |
| 1739 | brought back before the House on the same legislative day, it |
| 1740 | shall be placed under the order of unfinished business on the |
| 1741 | Calendar of the House. If a main question is temporarily |
| 1742 | postponed before debate has commenced or motions have been |
| 1743 | applied, its reading shall be considered a nullity and the bill |
| 1744 | shall retain its original position on the order of business. The |
| 1745 | motion to return to consideration of a temporarily postponed main |
| 1746 | question shall be made under the proper order of business when no |
| 1747 | other matter is pending. If applied to a collateral matter, the |
| 1748 | motion to temporarily postpone shall not cause the main question |
| 1749 | to be carried with it. After having been temporarily postponed, |
| 1750 | if a collateral matter is not brought back before the House in |
| 1751 | the course of consideration of the adhering or main question, it |
| 1752 | shall be deemed abandoned. |
| 1753 |
|
| 1754 | 11.11--Motions to Withdraw or Refer Bills |
| 1755 | (a) A motion to withdraw a bill from council or committee |
| 1756 | shall require a two-thirds vote. |
| 1757 | (b) A motion to withdraw a bill from subcommittee shall |
| 1758 | require a majority vote of the parent committee and may be made |
| 1759 | any time prior to a report having been voted in the subcommittee. |
| 1760 | (c) Any member may, no later than under the order of |
| 1761 | business of Motions Relating to Council and Committee References |
| 1762 | on the legislative day following reference of a bill, move for |
| 1763 | reference from one council or committee to a different council or |
| 1764 | committee, which shall be decided by a majority vote. |
| 1765 | (d) A motion to refer a bill from one council or committee |
| 1766 | to another council or committee other than as provided in |
| 1767 | subsection (c) may be made during the regular order of business |
| 1768 | and shall require a two-thirds vote. |
| 1769 | (e) A motion to refer a bill to an additional committee may |
| 1770 | be made during the regular order of business and shall require a |
| 1771 | two-thirds vote. |
| 1772 | (f) A motion to refer shall be debated only as to the |
| 1773 | propriety of the reference. |
| 1774 | (g) A motion to withdraw a bill from further consideration |
| 1775 | of the House shall require a two-thirds vote. |
| 1776 | (1) The Chair or Vice Chair of the Rules & Calendar |
| 1777 | Council, at the request of the first-named member sponsor, may |
| 1778 | move for the withdrawal of a bill from further consideration. |
| 1779 | (2) The first-named member sponsor of a bill may, prior to |
| 1780 | its introduction, withdraw the bill by letter to the Clerk. |
| 1781 | (3) In moving for the withdrawal of a bill from further |
| 1782 | consideration by floor motion, the introducer shall be required |
| 1783 | to identify the nature of the bill. |
| 1784 |
|
| 1785 | 11.12--Motion to Recommit |
| 1786 | (a) After a council or committee reports favorably on a |
| 1787 | bill, the bill may be recommitted by the House to a council or |
| 1788 | committee by a majority vote. |
| 1789 | (b) A motion to recommit to council or committee a bill |
| 1790 | that is before the House may be made during the regular order of |
| 1791 | business. The motion shall be debatable only as to the propriety |
| 1792 | of that reference and shall require an affirmative majority vote. |
| 1793 | (c) If a bill on third reading is recommitted to a council |
| 1794 | or committee and the council or committee reports the bill |
| 1795 | favorably with council or committee substitute or with one or |
| 1796 | more amendments, the bill shall return to second reading. |
| 1797 | (d) Recommitment of a House bill shall automatically carry |
| 1798 | with it a Senate companion bill then on the Calendar of the |
| 1799 | House. |
| 1800 |
|
| 1801 | 11.13--Dilatory Motions |
| 1802 | Dilatory or delaying motions shall not be in order as determined |
| 1803 | by the Speaker. |
| 1804 |
|
| 1805 | 11.14--Withdrawal of Motions |
| 1806 | The mover of a motion may withdraw the motion at any time before |
| 1807 | it has been amended or a vote on it has commenced. |
| 1808 |
|
| 1809 | RULE TWELVE |
| 1810 | AMENDMENTS |
| 1811 |
|
| 1812 | 12.1--Form |
| 1813 | Floor amendments and council and committee substitutes shall be |
| 1814 | prepared by the House Bill Drafting Service and filed with the |
| 1815 | Clerk. |
| 1816 |
|
| 1817 | 12.2--Filing Deadlines for Floor Amendments |
| 1818 | (a) During the first 55 calendar days of a regular session: |
| 1819 | (1) Main floor amendments must be approved for filing with |
| 1820 | the Clerk by 2 p.m. of the first day a bill appears on the |
| 1821 | Special Order Calendar in the Calendar of the House; and |
| 1822 | (2) Amendments to main floor amendments and substitute |
| 1823 | amendments for main floor amendments must be approved for filing |
| 1824 | by 5 p.m. of the same day. |
| 1825 | (b) After the 55th day of a regular session and during any |
| 1826 | extended or special session: |
| 1827 | (1) Main floor amendments must be approved for filing with |
| 1828 | the Clerk not later than 2 hours before session is scheduled to |
| 1829 | convene on the day a bill appears on the Special Order Calendar |
| 1830 | in the Calendar of the House; and |
| 1831 | (2) Amendments to main floor amendments and substitute |
| 1832 | amendments for main floor amendments must be approved for filing |
| 1833 | not later than 1 hour after the main floor amendment deadline. |
| 1834 | (c) A late-filed floor amendment may be taken up for |
| 1835 | consideration only upon motion adopted by a two-thirds vote. |
| 1836 |
|
| 1837 | 12.3--Presentation and Consideration |
| 1838 | (a) Amendments shall be taken up only as sponsors gain |
| 1839 | recognition from the Speaker to move their adoption, except that |
| 1840 | the Chair of the council or committee (or any member thereof |
| 1841 | designated by the Chair) reporting the measure under |
| 1842 | consideration shall have preference for the presentation of |
| 1843 | council or committee amendments to Senate bills. |
| 1844 | (b) If a council or committee substitute accompanies a |
| 1845 | bill, it shall be considered as the original bill for purposes of |
| 1846 | further amendment. Floor amendments shall be drawn to the council |
| 1847 | or committee substitute. |
| 1848 | (c) An amendment to a pending main amendment may be |
| 1849 | received, but until it is disposed of no other motion to amend |
| 1850 | will be in order except a substitute amendment or an amendment to |
| 1851 | the substitute. Such amendments are to be disposed of in the |
| 1852 | following order: |
| 1853 | (1) Amendments to the amendment are voted on before the |
| 1854 | substitute is taken up. Only one amendment to the amendment is in |
| 1855 | order at a time. |
| 1856 | (2) Amendments to the substitute are next voted on. |
| 1857 | (3) The substitute then is voted on. The adoption of a |
| 1858 | substitute amendment in lieu of an original amendment shall be |
| 1859 | treated and considered as an amendment to the bill itself. |
| 1860 |
|
| 1861 | [INSERT GRAPHIC ON AMENDMENT LEVELS] |
| 1862 |
|
| 1863 | (d) The adoption of an amendment to a section shall not |
| 1864 | preclude further amendment of that section. If a bill is being |
| 1865 | considered section by section or item by item, only amendments to |
| 1866 | the section or item under consideration shall be in order. |
| 1867 | (e) For the purpose of this rule, an amendment shall be |
| 1868 | deemed pending only after its proposer has been recognized by the |
| 1869 | Speaker and has moved its adoption. |
| 1870 | (f) Reviser's bills may be amended only by making |
| 1871 | deletions. |
| 1872 |
|
| 1873 | 12.4--Second and Third Reading; Vote Required on Third Reading |
| 1874 | (a) A motion to amend is in order during the second or |
| 1875 | third reading of any bill. |
| 1876 | (b) Amendments proposed on third reading shall require a |
| 1877 | two-thirds vote for adoption, except that technical amendments |
| 1878 | introduced in the name of the Rules & Calendar Council shall |
| 1879 | require a majority vote for adoption. |
| 1880 | (c) A motion for reconsideration of an amendment on third |
| 1881 | reading requires a two-thirds vote for adoption. |
| 1882 |
|
| 1883 | 12.5--Amendment of General Appropriations Bill |
| 1884 | Whenever an amendment is offered to a general appropriations bill |
| 1885 | that would increase any line item of such bill, such amendment |
| 1886 | shall show the amount by line item of the increase and shall, |
| 1887 | from within the jurisdiction of the same standing fiscal |
| 1888 | committee, decrease a line item or items in an amount or amounts |
| 1889 | equivalent to or greater than the increase required by the |
| 1890 | amendment. |
| 1891 |
|
| 1892 | 12.6--Consideration of Senate Amendments |
| 1893 | (a) After the reading of a Senate amendment to a House |
| 1894 | bill, the following motions shall be in order and shall be |
| 1895 | privileged in the order named: |
| 1896 | (1) Amend the Senate amendment |
| 1897 | (2) Concur in the Senate amendment |
| 1898 | (3) Refuse to concur and ask the Senate to recede |
| 1899 | (4) Request the Senate to recede and, failing to do so, to |
| 1900 | appoint a conference committee to meet with a like committee |
| 1901 | appointed by the Speaker. |
| 1902 | (b) If the Senate refuses to concur in a House amendment to |
| 1903 | a Senate bill, the following motions shall be in order and shall |
| 1904 | be privileged in the order named: |
| 1905 | (1) That the House recede |
| 1906 | (2) That the House insist and ask for a conference |
| 1907 | committee |
| 1908 | (3) That the House insist. |
| 1909 | (c) The Speaker may, upon determining that a Senate |
| 1910 | amendment substantially changes the bill as passed by the House, |
| 1911 | refer the Senate message, with the bill and Senate amendment or |
| 1912 | amendments, to the appropriate House council or committee for |
| 1913 | review and report to the House. The Speaker, upon such reference, |
| 1914 | shall announce the date and time for the council or committee to |
| 1915 | meet. The council or committee shall report to the House the |
| 1916 | recommendation for disposition of the Senate amendment or |
| 1917 | amendments under one of the four options presented in subsection |
| 1918 | (a). The report shall be furnished to the Clerk and to the House, |
| 1919 | in writing, by the Chair of the reporting council or committee. |
| 1920 |
|
| 1921 | 12.7--Motion to Amend by Removing Enacting or Resolving Clause |
| 1922 | An amendment to remove the enacting clause of a bill or the |
| 1923 | resolving clause of a resolution or memorial shall, if carried, |
| 1924 | be considered as equivalent to rejection of the bill, resolution, |
| 1925 | or memorial by the House. |
| 1926 |
|
| 1927 | 12.8--Germanity of House Amendments |
| 1928 | (a) GERMANITY |
| 1929 | (1) Neither the House nor any council, committee, or |
| 1930 | subcommittee shall consider an amendment that relates to a |
| 1931 | different subject or is intended to accomplish a different |
| 1932 | purpose than that of the pending question or that, if adopted, |
| 1933 | would require a title amendment for the bill that is |
| 1934 | substantially different from the bill's original title or that |
| 1935 | would unreasonably alter the nature of the bill. |
| 1936 | (2) The Speaker, or the Chair in the case of an amendment |
| 1937 | offered in council, committee, or subcommittee, shall determine |
| 1938 | the germanity of any amendment when the question is timely |
| 1939 | raised. |
| 1940 | (3) An amendment of the second degree or a substitute |
| 1941 | amendment must be germane to both the main amendment and the |
| 1942 | measure to which it adheres. |
| 1943 | (b) AMENDMENTS THAT ARE NOT GERMANE. House amendments that |
| 1944 | are not germane include: |
| 1945 | (1) A general proposition amending a specific proposition |
| 1946 | (2) An amendment amending a statute or session law when the |
| 1947 | purpose of the bill is limited to repealing such law, or an |
| 1948 | amendment repealing a statute or session law when the purpose of |
| 1949 | the bill is limited to amending such law |
| 1950 | (3) An amendment that substantially expands the scope of |
| 1951 | the bill |
| 1952 | (4) An amendment to a bill when legislative action on that |
| 1953 | bill is by law or these rules limited to passage, concurrence, or |
| 1954 | non-concurrence as introduced. |
| 1955 | (c) AMENDMENTS THAT ARE GERMANE. Amendments that are |
| 1956 | germane include: |
| 1957 | (1) A specific provision amending a general provision |
| 1958 | (2) An amendment that accomplishes the same purpose in a |
| 1959 | different manner |
| 1960 | (3) An amendment limiting the scope of the proposal |
| 1961 | (4) An amendment providing appropriations necessary to |
| 1962 | fulfill the original intent of a proposal |
| 1963 | (5) An amendment that changes the effective date of a |
| 1964 | repeal, reduces the scope of a repeal, or adds a short-term |
| 1965 | nonstatutory transitional provision to facilitate repeal. |
| 1966 | (d) WAIVER OF RULE. Waiver of this rule shall require |
| 1967 | unanimous consent of the House. |
| 1968 |
|
| 1969 | 12.9--Amendments Out of Order |
| 1970 | An amendment is out of order if it is the principal substance of |
| 1971 | a bill that has: |
| 1972 | (a) Received an unfavorable council or committee report |
| 1973 | (b) Been withdrawn from further consideration |
| 1974 | (c) Not been reported favorably by at least one committee |
| 1975 | of reference |
| 1976 |
|
| 1977 | and may not be offered to a bill on the Calendar and under |
| 1978 | consideration by the House. Any amendment that is substantially |
| 1979 | the same, and identical as to specific intent and purpose, as the |
| 1980 | measure residing in the council or committee(s) of reference is |
| 1981 | covered by this rule. |
| 1982 |
|
| 1983 | 12.10--Printing of Amendments in Journal |
| 1984 | All amendments taken up, unless withdrawn, shall be printed in |
| 1985 | the Journal, except that an amendment to a general appropriations |
| 1986 | bill constituting an entirely new bill shall not be printed |
| 1987 | except upon consideration of the conference committee report. |
| 1988 |
|
| 1989 | RULE THIRTEEN |
| 1990 | RULES |
| 1991 |
|
| 1992 | 13.1--Initial Adoption of Rules of the House |
| 1993 | The initial adoption of the Rules of the House shall require a |
| 1994 | majority vote. Once adopted, the Rules of the House shall remain |
| 1995 | in effect, unless waived or amended as provided in these rules. |
| 1996 |
|
| 1997 | 13.2--Waiver of Rules of the House |
| 1998 | Any rule of the House, except a rule requiring unanimous consent, |
| 1999 | may be waived by a two-thirds vote; however, the waiver shall |
| 2000 | apply only to the matter under immediate consideration and shall |
| 2001 | not extend beyond adjournment of a legislative day. |
| 2002 |
|
| 2003 | 13.3--Amending Rules of the House |
| 2004 | No rule of the House may be amended except by a report or |
| 2005 | resolution from the Rules & Calendar Council adopted by the House |
| 2006 | by a majority vote. A report or resolution of the Rules & |
| 2007 | Calendar Council proposing amendments to these rules is always in |
| 2008 | order; however, any amendment of such a report or resolution |
| 2009 | prior to its adoption requires a two-thirds vote. |
| 2010 |
|
| 2011 | 13.4--Parliamentary Authorities |
| 2012 | In all cases not provided for by the Florida Constitution, the |
| 2013 | Rules of the House, or the Joint Rules of the Senate and House, |
| 2014 | the guiding, but nonbinding, authority shall be first the Rulings |
| 2015 | of the Speaker and then the latest edition of Mason's Manual of |
| 2016 | Legislative Procedure. |
| 2017 |
|
| 2018 | 13.5--Majority Action |
| 2019 | Unless otherwise indicated by these rules, all action by the |
| 2020 | House or its councils, committees, or subcommittees shall be by |
| 2021 | majority vote of those members present and voting. When the body |
| 2022 | is equally divided, the question is defeated. |
| 2023 |
|
| 2024 | 13.6--Extraordinary Action |
| 2025 | Unless otherwise required by these rules or the Florida |
| 2026 | Constitution, all extraordinary votes shall be by vote of those |
| 2027 | members present and voting. |
| 2028 |
|
| 2029 | 13.7--"Days" Defined |
| 2030 | Wherever used in these rules, a "legislative day" means a day |
| 2031 | when the House convenes and a quorum is present. All other |
| 2032 | references to a "day" mean a calendar day. |
| 2033 |
|
| 2034 | RULE FOURTEEN |
| 2035 | MISCELLANEOUS PROVISIONS |
| 2036 |
|
| 2037 | Part One--Public Records |
| 2038 |
|
| 2039 | 14.1--Legislative Records |
| 2040 | There shall be available for public inspection, whether |
| 2041 | maintained in Tallahassee or in a district office, the papers and |
| 2042 | records developed and received in connection with official |
| 2043 | legislative business, except as provided in section 11.0431, |
| 2044 | Florida Statutes, or other provision of law. Any person who is |
| 2045 | denied access to a legislative record and who believes that he or |
| 2046 | she is wrongfully being denied such access may appeal the |
| 2047 | decision to deny access to the Speaker. |
| 2048 |
|
| 2049 | 14.2--Legislative Records; Maintenance, Control, Destruction, |
| 2050 | Disposal, and Disposition |
| 2051 | (a) Records that are required to be created by these rules |
| 2052 | or that are of vital, permanent, or archival value shall be |
| 2053 | maintained in a safe location that is easily accessible for |
| 2054 | convenient use. No such record need be maintained if the |
| 2055 | substance of the record is published or retained in another form |
| 2056 | or location. Whenever necessary, but no more often than annually |
| 2057 | or less often than biennially, records required to be maintained |
| 2058 | may be archived. |
| 2059 | (b) Other records that are no longer needed for any purpose |
| 2060 | and that do not have sufficient administrative, legal, or fiscal |
| 2061 | significance to warrant their retention shall be disposed of |
| 2062 | systematically. |
| 2063 | (c)(1) The council or committee administrative assistant |
| 2064 | for each existing council or committee shall ensure compliance |
| 2065 | with this rule for all records created or received by the council |
| 2066 | or committee or for a former council or committee whose |
| 2067 | jurisdiction has been assigned to the council or committee. |
| 2068 | (2) The Speaker, the Speaker pro tempore, the Minority |
| 2069 | Leader, the Majority Leader, and the Sergeant at Arms shall |
| 2070 | ensure compliance with this rule for all records created or |
| 2071 | received by their respective offices and their predecessors in |
| 2072 | office. |
| 2073 | (3) Each member shall ensure compliance with this rule for |
| 2074 | all records created or received by the member or the member's |
| 2075 | district office. |
| 2076 | (4) The director of an ancillary House office shall ensure |
| 2077 | compliance with this rule for all records created or received by |
| 2078 | the director's office. |
| 2079 | (5) The Clerk shall ensure compliance with this rule for |
| 2080 | all other records created or received by the House of |
| 2081 | Representatives. |
| 2082 | (d) If a council, committee, or office is not continued in |
| 2083 | existence, the records of such council, committee, or office |
| 2084 | shall be forwarded to the council, committee, or office assuming |
| 2085 | the jurisdiction or responsibility of the former council, |
| 2086 | committee, or office, if any. Otherwise, such records shall be |
| 2087 | forwarded to the Clerk. |
| 2088 | (e) The Clerk shall establish a schedule of reasonable and |
| 2089 | appropriate fees for copies of legislative records and documents. |
| 2090 |
|
| 2091 | Part Two--Distribution of Documents; Display of Signs |
| 2092 |
|
| 2093 | 14.3--Distribution of Documents |
| 2094 | Documents required by these rules to be printed or published may |
| 2095 | be produced and distributed on paper or in electronic form. |
| 2096 |
|
| 2097 | 14.4--Display of Signs, Placards, and the Like |
| 2098 | Signs, placards, or other objects of similar nature shall be |
| 2099 | permitted in the rooms, lobby, galleries, or Chamber of the House |
| 2100 | only upon approval of the Chair of the Rules & Calendar Council. |
| 2101 |
|
| 2102 | Part Three--House Seal |
| 2103 |
|
| 2104 | 14.5--House Seal |
| 2105 | (a) REQUIREMENT. There shall be an official seal of the |
| 2106 | House of Representatives. The seal shall be used only by or on |
| 2107 | behalf of a member or officer of the House in conjunction with |
| 2108 | his or her official duties or when specifically authorized in |
| 2109 | writing by the Chair of the Rules & Calendar Council. |
| 2110 | (b) CONFIGURATION. The seal shall be a circle having in the |
| 2111 | center thereof a view of the sun's rays over a highland in the |
| 2112 | distance, a sabal palmetto palm tree, a steamboat on the water, |
| 2113 | and a Native American female scattering flowers in the |
| 2114 | foreground, encircled by the words "House of Representatives." |
| 2115 | (c) USE. Unless a written exception is otherwise granted by |
| 2116 | the Chair of the Rules & Calendar Council: |
| 2117 | (1) Material carrying the official seal shall be used only |
| 2118 | by a member, officer, or employee of the House or other persons |
| 2119 | employed or retained by the House. |
| 2120 | (2) The use, printing, publication, or manufacture of the |
| 2121 | seal, or items or materials bearing the seal or a facsimile of |
| 2122 | the seal, shall be limited to official business of the House or |
| 2123 | official legislative business. |
| 2124 | (d) CUSTODIAN. The Clerk shall be the custodian of the |
| 2125 | official seal. |
| 2126 |
|
| 2127 | RULE FIFTEEN |
| 2128 | ETHICS AND CONDUCT OF MEMBERS |
| 2129 |
|
| 2130 | 15.1--Legislative Ethics and Official Conduct |
| 2131 | Legislative office is a trust to be performed with integrity in |
| 2132 | the public interest. A member is respectful of the confidence |
| 2133 | placed in the member by the other members and by the people. By |
| 2134 | personal example and by admonition to colleagues whose behavior |
| 2135 | may threaten the honor of the lawmaking body, the member shall |
| 2136 | watchfully guard the responsibility of office and the |
| 2137 | responsibilities and duties placed on the member by the House. To |
| 2138 | this end, each member shall be accountable to the House for |
| 2139 | violations of this rule or any provision of the House Code of |
| 2140 | Conduct contained in Rules 15.1-15.7. |
| 2141 |
|
| 2142 | 15.2--The Integrity of the House |
| 2143 | A member shall respect and comply with the law and shall perform |
| 2144 | at all times in a manner that promotes public confidence in the |
| 2145 | integrity and independence of the House and of the Legislature. |
| 2146 | Each member shall perform at all times in a manner that promotes |
| 2147 | a professional environment in the House, which shall be free from |
| 2148 | unlawful employment discrimination. |
| 2149 |
|
| 2150 | 15.3--Improper Influence; Solicitation or Acceptance of Campaign |
| 2151 | Contributions |
| 2152 | (a) A member may not accept anything that reasonably may be |
| 2153 | construed to improperly influence the member's official act, |
| 2154 | decision, or vote. |
| 2155 | (b)(1) A member may not directly or indirectly solicit, |
| 2156 | cause to be solicited, or accept any campaign contribution during |
| 2157 | the 60-day regular legislative session or any extended or special |
| 2158 | session on the member's own behalf, on behalf of a political |
| 2159 | party, any organization described under section 527 or section |
| 2160 | 501(c)(4) of the Internal Revenue Code, a political committee, or |
| 2161 | a committee of continuous existence, or on behalf of a candidate |
| 2162 | for the House of Representatives; however, a member may |
| 2163 | contribute to the member's own campaign. |
| 2164 | (2) Any fundraising activity otherwise prohibited during an |
| 2165 | extended or special session under paragraph (1) shall not be |
| 2166 | considered a violation of this rule and may take place if it can |
| 2167 | be shown that the event was already scheduled prior to the |
| 2168 | issuance of the proclamation, resolution, or other communiqu? |
| 2169 | extending the session or convening a special session. |
| 2170 | (3) Any member who directly or indirectly solicits, causes |
| 2171 | to be solicited, or accepts any contributions to an organization |
| 2172 | described under section 527 or section 501(c)(4) of the Internal |
| 2173 | Revenue Code, a political committee, or a committee of continuous |
| 2174 | existence must immediately disclose such activity to, and |
| 2175 | register with, the Rules & Calendar Council. Upon registration |
| 2176 | with the council, the member shall promptly create a public |
| 2177 | website that contains a mission statement and the names of |
| 2178 | representatives associated with the organization. All |
| 2179 | contributions received must be disclosed on the website within 10 |
| 2180 | business days after deposit, together with the name, address, and |
| 2181 | occupation of the donor. All expenditures made by the |
| 2182 | organization must be individually disclosed on the website within |
| 2183 | 10 business days after being made. |
| 2184 |
|
| 2185 | 15.4--Ethics; Conflicting Employment |
| 2186 | A member shall: |
| 2187 | (a) Scrupulously comply with the requirements of all laws |
| 2188 | related to the ethics of public officers. |
| 2189 | (b) Not allow personal employment to impair the member's |
| 2190 | independence of judgment in the exercise of official duties. |
| 2191 | (c) Not directly or indirectly receive or agree to receive |
| 2192 | any compensation for any services rendered or to be rendered |
| 2193 | either by the member or any other person when such activity is in |
| 2194 | substantial conflict with the duties of a member of the House. |
| 2195 |
|
| 2196 | 15.5--Use of Official Position |
| 2197 | A member may not corruptly use or attempt to use the member's |
| 2198 | official position in a manner contrary to the trust or authority |
| 2199 | placed in the member, either by the public or by other members, |
| 2200 | for the purpose of securing a special privilege, benefit, or |
| 2201 | exemption for the member or for others. |
| 2202 |
|
| 2203 | 15.6--Use of Information Obtained by Reason of Official Position |
| 2204 | A member may engage in business and professional activity in |
| 2205 | competition with others but may not use or provide to others, for |
| 2206 | the member's personal gain or benefit or for the personal gain or |
| 2207 | benefit of any other person or business entity, any information |
| 2208 | that has been obtained by reason of the member's official |
| 2209 | capacity as a member and that is unavailable to members of the |
| 2210 | public as a matter of law. |
| 2211 |
|
| 2212 | 15.7--Representation of Another Before a State Agency |
| 2213 | A member may not personally represent another person or entity |
| 2214 | for compensation before any state agency other than a judicial |
| 2215 | tribunal. For the purposes of this rule, "state agency" means any |
| 2216 | entity of the legislative or executive branch of state government |
| 2217 | over which the Legislature exercises plenary budgetary and |
| 2218 | statutory control. |
| 2219 |
|
| 2220 | 15.8--Advisory Opinions |
| 2221 | (a) A member, when in doubt about the applicability and |
| 2222 | interpretation of these rules with respect to legislative ethics |
| 2223 | and member conduct, may convey the facts of the situation to the |
| 2224 | House general counsel for an advisory opinion. The general |
| 2225 | counsel shall issue the opinion within 10 days after receiving |
| 2226 | the request. The advisory opinion may be relied upon by the |
| 2227 | member requesting the opinion. Upon request of any member, the |
| 2228 | committee designated by the Speaker to have responsibility for |
| 2229 | the ethical conduct of members may revise an advisory opinion |
| 2230 | rendered by the House general counsel through an advisory opinion |
| 2231 | issued to the member who requested the opinion. |
| 2232 | (b) An advisory opinion rendered by the House general |
| 2233 | counsel or the committee shall be numbered, dated, and published. |
| 2234 | Advisory opinions from the House general counsel or the committee |
| 2235 | may not identify the member seeking the opinion unless such |
| 2236 | member so requests. |
| 2237 |
|
| 2238 | 15.9--Felony Indictment or Information of a Member |
| 2239 | (a) If an indictment or information for a felony of any |
| 2240 | jurisdiction is filed against a member of the House, the member |
| 2241 | indicted or informed against may request the Speaker to excuse |
| 2242 | the member, without pay, from all privileges of membership of the |
| 2243 | House pending final adjudication. |
| 2244 | (b) If the indictment or information is either nolle |
| 2245 | prossed or dismissed, or if the member is found not guilty of the |
| 2246 | felonies charged, or lesser included felonies, then the member |
| 2247 | shall be paid all back pay and other benefits retroactive to the |
| 2248 | date the member was excused. |
| 2249 |
|
| 2250 | 15.10--Felony Guilty Plea of a Member |
| 2251 | A member who enters a plea of guilty or nolo contendere (no |
| 2252 | contest) to a felony of any jurisdiction may, at the discretion |
| 2253 | of the Speaker, be suspended immediately, without a hearing and |
| 2254 | without pay, from all privileges of membership of the House |
| 2255 | through the remainder of that member's term. |
| 2256 |
|
| 2257 | 15.11--Felony Conviction of a Member |
| 2258 | (a) A member convicted of a felony of any jurisdiction may, |
| 2259 | at the discretion of the Speaker, be suspended immediately, |
| 2260 | without a hearing and without pay, from all privileges of |
| 2261 | membership of the House pending appellate action or the end of |
| 2262 | the member's term, whichever occurs first. |
| 2263 | (b) A member suspended under the provisions of this rule |
| 2264 | may, within 10 days after such suspension, file a written request |
| 2265 | for a hearing, setting forth specific reasons contesting the |
| 2266 | member's suspension. Upon receipt of a written request for a |
| 2267 | hearing, the Speaker shall appoint a select committee, which |
| 2268 | shall commence a hearing on the member's suspension within 30 |
| 2269 | days and issue a report to the House within 10 days after the |
| 2270 | conclusion of the hearing. The report of the select committee |
| 2271 | shall be final unless the member, within 10 days after the |
| 2272 | issuance of the report, requests in writing that the Speaker |
| 2273 | convene the full House to consider the report of the select |
| 2274 | committee. Upon receipt of a request for such consideration, the |
| 2275 | Speaker shall timely convene the House for such purpose. |
| 2276 | (c) If the final appellate decision is to sustain the |
| 2277 | conviction, then the member's suspension shall continue to the |
| 2278 | end of the member's term. If the final appellate decision is to |
| 2279 | vacate the conviction and there is a rehearing, the member shall |
| 2280 | be subject to Rule 15.9. If the final appellate decision is to |
| 2281 | vacate the conviction and no felony charges remain against the |
| 2282 | member, the member shall be entitled to restitution of back pay |
| 2283 | and other benefits retroactive to the date of suspension. |
| 2284 |
|
| 2285 | RULE SIXTEEN |
| 2286 | PROCEDURES FOR LEGAL PROCEEDINGS |
| 2287 |
|
| 2288 | Part One--Committees Conducting Legal Proceedings |
| 2289 |
|
| 2290 | 16.1--Procedures for Committees Conducting Legal Proceedings |
| 2291 | (a) ISSUANCE OF SUBPOENA |
| 2292 | (1) In order to carry out its duties, each standing or |
| 2293 | select committee, whenever required, may issue subpoena with the |
| 2294 | approval of the Speaker and other necessary process to compel the |
| 2295 | attendance of witnesses before such committee or the taking of a |
| 2296 | deposition pursuant to these rules. For purposes of this rule, |
| 2297 | the term "committee" includes any council. The Chair of the |
| 2298 | committee shall issue such process on behalf of the committee. |
| 2299 | The Chair or any other member of such committee may administer |
| 2300 | all oaths and affirmations in the manner prescribed by law to |
| 2301 | witnesses who shall appear before such committee for the purpose |
| 2302 | of testifying in any matter about which such committee may |
| 2303 | require evidence. |
| 2304 | (2) Each standing or select committee, whenever required, |
| 2305 | may also compel by subpoena duces tecum with the approval of the |
| 2306 | Speaker the production of any books, letters, or other |
| 2307 | documentary evidence it may need to examine in reference to any |
| 2308 | matter before it. The Chair of the standing or select committee |
| 2309 | shall issue process on behalf of the standing or select |
| 2310 | committee. |
| 2311 | (b) CONTEMPT PROCEEDINGS |
| 2312 | (1) The House may punish, by fine or imprisonment, any |
| 2313 | person who is not a member and who is guilty of disorderly or |
| 2314 | contemptuous conduct in its presence or of a refusal to obey its |
| 2315 | lawful summons. |
| 2316 | (2) A person shall be deemed in contempt if the person: |
| 2317 | a. Fails or refuses to appear in compliance with a subpoena |
| 2318 | or, having appeared, fails or refuses to testify under oath or |
| 2319 | affirmation; |
| 2320 | b. Fails or refuses to answer any relevant question or |
| 2321 | fails or refuses to furnish any relevant book, paper, or other |
| 2322 | document subpoenaed on behalf of such committee; or |
| 2323 | c. Commits any other act or offense against such committee |
| 2324 | that, if committed against the Legislature or either house |
| 2325 | thereof, would constitute contempt. |
| 2326 | (3) A standing or select committee may, by majority vote of |
| 2327 | all of its members, apply to the House for contempt citation. The |
| 2328 | application shall be considered as though the alleged contempt |
| 2329 | had been committed in or against the House itself. If such |
| 2330 | committee is meeting during the interim, its application shall be |
| 2331 | made to the circuit court pursuant to subsection (f). |
| 2332 | (4) A person guilty of contempt under this rule shall be |
| 2333 | fined not more than $500 or imprisoned not more than 90 days or |
| 2334 | both, or shall be subject to such other punishment as the House |
| 2335 | may, in the exercise of its inherent powers, impose prior to and |
| 2336 | in lieu of the imposition of the aforementioned penalty. |
| 2337 | (5) The sheriffs in the several counties shall make such |
| 2338 | service and execute all process or orders when required by |
| 2339 | standing or select committees. Sheriffs shall be paid as provided |
| 2340 | for in section 30.231, Florida Statutes. |
| 2341 | (c) FALSE SWEARING. Whoever willfully affirms or swears |
| 2342 | falsely in regard to any material matter or thing before any |
| 2343 | standing or select committee is guilty of perjury in an official |
| 2344 | proceeding, which is a felony of the third degree and shall be |
| 2345 | punished as provided in section 775.082, section 775.083, or |
| 2346 | section 775.084, Florida Statutes. |
| 2347 | (d) RIGHTS OF WITNESSES |
| 2348 | (1) All witnesses summoned before any standing or select |
| 2349 | committee shall receive reimbursement for travel expenses and per |
| 2350 | diem at the rates provided in section 112.061, Florida Statutes. |
| 2351 | However, the fact that such reimbursement is not tendered at the |
| 2352 | time the subpoena is served shall not excuse the witness from |
| 2353 | appearing as directed therein. |
| 2354 | (2) Service of a subpoena requiring the attendance of a |
| 2355 | person at a meeting of a standing or select committee shall be |
| 2356 | made in the manner provided by law for the service of subpoenas |
| 2357 | in civil action at least 7 calendar days prior to the date of the |
| 2358 | meeting unless a shorter period of time is authorized by majority |
| 2359 | vote of all the members of such committee. If a shorter period of |
| 2360 | time is authorized, the persons subpoenaed shall be given |
| 2361 | reasonable notice of the meeting, consistent with the particular |
| 2362 | circumstances involved. |
| 2363 | (3) Any person who is served with a subpoena to attend a |
| 2364 | meeting of any standing or select committee also shall be served |
| 2365 | with a general statement informing the person of the subject |
| 2366 | matter of such committee's investigation or inquiry and a notice |
| 2367 | that the person may be accompanied at the meeting by private |
| 2368 | counsel. |
| 2369 | (4) Upon the request of any party and the approval of a |
| 2370 | majority of the standing or select committee, the Chair shall |
| 2371 | instruct all witnesses to leave the meeting room and retire to a |
| 2372 | designated place. The witness shall be instructed by the Chair |
| 2373 | not to discuss the testimony of the witness or the testimony of |
| 2374 | any other person with anyone until the meeting has been adjourned |
| 2375 | and the witness has been discharged by the Chair. The witness |
| 2376 | shall be further instructed that if any person discusses or |
| 2377 | attempts to discuss the matter under investigation with the |
| 2378 | witness after receiving such instructions, the witness shall |
| 2379 | bring such matter to the attention of such committee. No member |
| 2380 | of such committee or representative thereof may discuss any |
| 2381 | matter or matters pertinent to the subject matter under |
| 2382 | investigation with any witness to be called before such committee |
| 2383 | from the time that these instructions are given until the meeting |
| 2384 | has been adjourned and the witness has been discharged by the |
| 2385 | Chair. Any person violating this rule shall be in contempt of the |
| 2386 | Legislature. |
| 2387 | (5) Any standing or select committee taking sworn testimony |
| 2388 | from witnesses as provided herein shall cause a record to be made |
| 2389 | of all proceedings in which testimony or other evidence is |
| 2390 | demanded or adduced, which record shall include rulings of the |
| 2391 | Chair, questions of such committee and its staff, the testimony |
| 2392 | or responses of witnesses, sworn written statements submitted to |
| 2393 | the committee, and such other matters as the committee or its |
| 2394 | Chair may direct. |
| 2395 | (6) A witness at a meeting, upon advance request and at the |
| 2396 | witness's own expense, shall be furnished a certified transcript |
| 2397 | of the witness's testimony at the meeting. |
| 2398 | (e) RIGHT OF OTHER PERSONS TO BE HEARD |
| 2399 | (1) Any person whose name is mentioned or who is otherwise |
| 2400 | identified during a meeting being conducted for the purpose of |
| 2401 | taking sworn testimony from witnesses of any standing or select |
| 2402 | committee and who, in the opinion of such committee, may be |
| 2403 | adversely affected thereby, may, upon the request of the person |
| 2404 | or upon the request of any member of such committee, appear |
| 2405 | personally before such committee and testify on the person's own |
| 2406 | behalf, or, with such committee's consent, file a sworn written |
| 2407 | statement of facts or other documentary evidence for |
| 2408 | incorporation into the record of the meeting. Any such witness, |
| 2409 | however, shall, prior to filing such statement, consent to answer |
| 2410 | questions from such committee regarding the contents of the |
| 2411 | statement. |
| 2412 | (2) Upon the consent of a majority of the members present, |
| 2413 | a quorum having been established, any standing or select |
| 2414 | committee may permit any other person to appear and testify at a |
| 2415 | meeting or submit a sworn written statement of facts or other |
| 2416 | documentary evidence for incorporation into the record. No |
| 2417 | request to appear, appearance, or submission shall limit in any |
| 2418 | way the committee's power of subpoena. Any such witness, however, |
| 2419 | shall, prior to filing such statement, consent to answer |
| 2420 | questions from any standing or select committee regarding the |
| 2421 | contents of the statement. |
| 2422 | (f) ENFORCEMENT OF SUBPOENA OUT OF SESSION. If any witness |
| 2423 | fails to respond to the lawful subpoena of any standing or select |
| 2424 | committee at a time when the Legislature is not in session or, |
| 2425 | having responded, fails to answer all lawful inquiries or to turn |
| 2426 | over evidence that has been subpoenaed, such committee may file a |
| 2427 | complaint before any circuit court of the state setting up such |
| 2428 | failure on the part of the witness. On the filing of such |
| 2429 | complaint, the court shall take jurisdiction of the witness and |
| 2430 | the subject matter of the complaint and shall direct the witness |
| 2431 | to respond to all lawful questions and to produce all documentary |
| 2432 | evidence in the possession of the witness that is lawfully |
| 2433 | demanded. The failure of any witness to comply with such order of |
| 2434 | the court shall constitute a direct and criminal contempt of |
| 2435 | court, and the court shall punish such witness accordingly. |
| 2436 |
|
| 2437 | Part Two--Complaints Against Members and Officers of the House |
| 2438 |
|
| 2439 | 16.2--Complaints of Violations of the Standards of Conduct by |
| 2440 | Members and Officers of the House; Procedure |
| 2441 | (a) FILING OF COMPLAINTS. The Chair of the Rules & Calendar |
| 2442 | Council shall receive and initially review allegations of |
| 2443 | improper conduct that may reflect upon the House, violations of |
| 2444 | law, violations of the House Code of Conduct, and violations of |
| 2445 | the rules and regulations of the House relating to the conduct of |
| 2446 | individuals in the performance of their duties as members or |
| 2447 | officers of the House. Complaints of improper conduct against the |
| 2448 | Chair of the Rules & Calendar Council shall be reviewed and |
| 2449 | managed by the Speaker or, if designated by the Speaker, the |
| 2450 | Speaker pro tempore. |
| 2451 | (1) Review of Complaints. The Chair of the Rules & Calendar |
| 2452 | Council shall review each complaint submitted to the committee |
| 2453 | relating to the conduct of a member or officer of the House. |
| 2454 | (2) Complaints |
| 2455 | a. A complaint shall be in writing and under oath, setting |
| 2456 | forth in simple, concise statements the following: |
| 2457 | 1. The name and legal address of the party filing the |
| 2458 | complaint (complainant); |
| 2459 | 2. The name and position or title of the member or officer |
| 2460 | of the House (respondent) alleged to be in violation of the House |
| 2461 | Code of Conduct or a law, rule, regulation, or other standard of |
| 2462 | conduct; |
| 2463 | 3. The nature of the alleged violation, based upon the |
| 2464 | personal knowledge of the complainant, including, if possible, |
| 2465 | the specific section of the House Code of Conduct or law, rule, |
| 2466 | regulation, or other standard of conduct alleged to have been |
| 2467 | violated; and |
| 2468 | 4. The facts alleged to have given rise to the violation. |
| 2469 | b. All documents in the possession of the complainant that |
| 2470 | are relevant to, and in support of, the allegations shall be |
| 2471 | attached to the complaint. |
| 2472 | (3) Processing Complaint and Preliminary Findings |
| 2473 | a. Upon the filing of a complaint, the Chair shall, within |
| 2474 | 5 working days, notify the member or officer against whom the |
| 2475 | complaint has been filed and give such person a copy of the |
| 2476 | complaint. Within 20 days, the Chair shall take the necessary |
| 2477 | actions as provided in subparagraphs b.-g. |
| 2478 | b. The Chair shall examine each complaint for jurisdiction |
| 2479 | and for compliance with paragraph (a)(2). |
| 2480 | c. If the Chair determines that a complaint does not comply |
| 2481 | with such rule, the complaint shall be returned to the |
| 2482 | complainant with a general statement that the complaint is not in |
| 2483 | compliance with such rule and with a copy of the rule. A |
| 2484 | complainant may resubmit a complaint, provided such complaint is |
| 2485 | resubmitted prior to the expiration of the time limitation set |
| 2486 | forth in subsection (o). |
| 2487 | d. If the Chair determines that the verified complaint does |
| 2488 | not allege facts sufficient to constitute a violation of any of |
| 2489 | the provisions of the House Code of Conduct, or a law, rule, |
| 2490 | regulation, or other standard of conduct, the Chair shall dismiss |
| 2491 | the complaint and notify the complainant and the respondent of |
| 2492 | such action. |
| 2493 | e. If the Chair determines that the complaint is outside |
| 2494 | the jurisdiction of the House, the Chair shall dismiss the |
| 2495 | complaint and notify the complainant and the respondent of such |
| 2496 | action. |
| 2497 | f. If the Chair determines that a violation is inadvertent, |
| 2498 | technical, or otherwise of a de minimis nature, the Chair may |
| 2499 | attempt to correct or prevent such a violation by informal means. |
| 2500 | g. If the Chair determines that such a complaint does |
| 2501 | allege facts sufficient to constitute a violation of any of the |
| 2502 | provisions of the House Code of Conduct, or a law, rule, |
| 2503 | regulation, or other standard of conduct, and that the complaint |
| 2504 | is not de minimis in nature, the Chair shall, within 20 days, |
| 2505 | transmit a copy of the complaint to the Speaker and, in writing, |
| 2506 | request the appointment of a Probable Cause Panel or Special |
| 2507 | Master regarding the complaint. A copy of the letter shall be |
| 2508 | provided to the complainant and the respondent. |
| 2509 | (4) Withdrawal of Complaints. A complaint may be withdrawn |
| 2510 | at any time. |
| 2511 | (b) PROBABLE CAUSE PANEL OR SPECIAL MASTER |
| 2512 | (1) Creation. Whenever the Speaker receives a copy of a |
| 2513 | complaint and request made pursuant to subsection (a), the |
| 2514 | Speaker shall, within 20 days, either appoint a Probable Cause |
| 2515 | Panel (the panel) consisting of an odd number of members or |
| 2516 | appoint a Special Master. If the Speaker appoints a Probable |
| 2517 | Cause Panel, the Speaker shall also appoint one member of the |
| 2518 | panel as its Chair. The Speaker may appoint up to two additional |
| 2519 | persons who are not members of the House to serve as nonvoting, |
| 2520 | public members of a Probable Cause Panel. |
| 2521 | (2) Powers and Duties. The members of the panel or the |
| 2522 | Special Master shall have the following powers and duties: |
| 2523 | a. Investigate complaints and make appropriate findings of |
| 2524 | fact promptly regarding allegations of improper conduct |
| 2525 | sufficient to establish probable cause of violations of law, |
| 2526 | violations of the House Code of Conduct, and violations of rules |
| 2527 | and regulations of the House relating to the conduct of |
| 2528 | individuals in the performance of their duties as members or as |
| 2529 | officers of the House; |
| 2530 | b. Based upon the investigation by the Special Master or |
| 2531 | the panel, make and report findings of probable cause to the |
| 2532 | Speaker and to the House as it relates to the complaint that |
| 2533 | occasioned the appointment of the Probable Cause Panel or the |
| 2534 | Special Master; |
| 2535 | c. Recommend to the Rules & Calendar Council such |
| 2536 | additional rules or regulations as the Probable Cause Panel or |
| 2537 | the Special Master shall determine are necessary or desirable to |
| 2538 | ensure proper standards of conduct by members and officers of the |
| 2539 | House in the performance of their duties and the discharge of |
| 2540 | their responsibilities; and |
| 2541 | d. Adopt rules of procedure as appropriate. |
| 2542 | (3) Quorum. A quorum of a Probable Cause Panel, when |
| 2543 | appointed, shall consist of a majority of the members of the |
| 2544 | panel. All action by a Probable Cause Panel shall require the |
| 2545 | concurrence of a majority of the full panel. |
| 2546 | (4) Term. A Probable Cause Panel or Special Master, as |
| 2547 | appropriate, shall serve until the complaint that occasioned the |
| 2548 | appointment of the panel or the Special Master has been dismissed |
| 2549 | or until a finding of probable cause has been transmitted to the |
| 2550 | Speaker. |
| 2551 | (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE FINDING |
| 2552 | (1) Preliminary Investigation |
| 2553 | a. The Probable Cause Panel or the Special Master shall |
| 2554 | provide the respondent an opportunity to present to the panel, |
| 2555 | the Special Master, or the staff of the panel, orally or in |
| 2556 | writing, a statement addressing the allegations. |
| 2557 | b. The panel, Special Master, or the staff of the panel may |
| 2558 | interview witnesses and examine documents and other evidentiary |
| 2559 | matters. |
| 2560 | c. The panel or Special Master may order the testimony of |
| 2561 | witnesses to be taken under oath, in which event the oath may be |
| 2562 | administered by the Chair or any other member of the panel, by |
| 2563 | the Special Master, or by any person authorized by law to |
| 2564 | administer oaths. |
| 2565 | d. The panel or Special Master may require, by subpoena |
| 2566 | issued pursuant to these rules or otherwise, the attendance and |
| 2567 | testimony of witnesses and the production of such books, records, |
| 2568 | correspondence, memoranda, papers, documents, and other items as |
| 2569 | it deems necessary to the conduct of the inquiry. |
| 2570 | (2) Probable Cause Finding |
| 2571 | a. Findings |
| 2572 | 1. The panel, by a recorded vote of a majority of the full |
| 2573 | panel, or the Special Master, as appropriate, shall determine |
| 2574 | whether there is probable cause to conclude that a violation |
| 2575 | within the jurisdiction of the panel or the Special Master has |
| 2576 | occurred. |
| 2577 | 2. If the panel or Special Master, as appropriate, finds |
| 2578 | that probable cause does not exist, the panel or Special Master |
| 2579 | shall dismiss the complaint and notify the complainant and the |
| 2580 | respondent of its determination. |
| 2581 | 3. If the panel or Special Master, as appropriate, |
| 2582 | determines that probable cause exists to believe that a violation |
| 2583 | occurred but that the violation, if proven, is of a de minimis |
| 2584 | nature or is not sufficiently serious to justify expulsion, |
| 2585 | censure, or reprimand, the panel or Special Master may recommend |
| 2586 | an appropriate, lesser penalty or may resolve the complaint |
| 2587 | informally. If the respondent agrees, a summary of the panel's or |
| 2588 | Special Master's conclusions, as appropriate, shall be published |
| 2589 | in the House Journal and the penalty agreed upon shall be |
| 2590 | imposed. If the panel or Special Master is unable to |
| 2591 | satisfactorily settle the complaint, the complaint shall be |
| 2592 | subject to a full evidentiary hearing before the Select Committee |
| 2593 | on Standards of Official Conduct pursuant to subsection (d). |
| 2594 | 4. If the panel or Special Master determines that probable |
| 2595 | cause exists to believe that a violation occurred and that, if |
| 2596 | proven, would be sufficiently serious to justify expulsion, |
| 2597 | censure, or reprimand, the panel or Special Master shall cause to |
| 2598 | be transmitted to the respondent a Statement of Alleged |
| 2599 | Violation. The statement shall be divided into counts, and each |
| 2600 | count shall be related to a separate violation and shall contain |
| 2601 | a plain and concise statement of the alleged facts of such |
| 2602 | violation, including a reference to the provision of the House |
| 2603 | Code of Conduct or law, rule, regulation, or other standard of |
| 2604 | conduct alleged to have been violated. A copy of the statement |
| 2605 | shall also be transmitted to the Speaker. |
| 2606 | b. Collateral Proceedings. If the complaint against a |
| 2607 | member or officer of the House has been the subject of action |
| 2608 | before any other body, the panel or Special Master may forward |
| 2609 | the complaint directly to a hearing pursuant to subsection (d). |
| 2610 | (d) HEARING |
| 2611 | (1) Select Committee on Standards of Official Conduct. Upon |
| 2612 | receipt by the Speaker of a Statement of Alleged Violation, the |
| 2613 | Speaker shall appoint, within 20 days, a Select Committee on |
| 2614 | Standards of Official Conduct (the select committee) to hold |
| 2615 | hearings regarding the statement and make a recommendation for |
| 2616 | disciplinary action to the full House. Upon the receipt by the |
| 2617 | Speaker of a complaint and findings by the Commission on Ethics |
| 2618 | regarding a member of the House, the Speaker shall appoint, |
| 2619 | within 20 days, a Select Committee on Standards of Official |
| 2620 | Conduct to hold hearings to determine whether a violation has |
| 2621 | occurred and, if so, to make a recommendation for disciplinary |
| 2622 | action to the full House. |
| 2623 | (2) Hearing. A hearing regarding a violation charged in a |
| 2624 | Statement of Alleged Violation or in a complaint and findings by |
| 2625 | the Commission on Ethics shall be held promptly to receive |
| 2626 | evidence upon which to base findings of fact and recommendations, |
| 2627 | if any, to the House respecting such violation. |
| 2628 | a. Chair. The Chair of the select committee or other member |
| 2629 | presiding at a hearing shall rule upon any question of |
| 2630 | admissibility of testimony or evidence presented to the select |
| 2631 | committee. Rulings shall be final unless reversed or modified by |
| 2632 | a majority vote of the members of the select committee. If the |
| 2633 | select committee appoints a referee pursuant to subsection (i), |
| 2634 | the referee shall make all evidentiary rulings. |
| 2635 | b. Referee. The select committee shall serve as referee for |
| 2636 | all proceedings under these rules, unless the select committee |
| 2637 | retains an independent referee pursuant to subsection (i). |
| 2638 | c. Prosecutor. The select committee's staff shall serve as |
| 2639 | a legal advisor to the committee. The select committee may retain |
| 2640 | independent counsel pursuant to subsection (j) to serve as |
| 2641 | prosecutor in all proceedings conducted under these rules. |
| 2642 | d. Respondent's Rights. The respondent shall have the right |
| 2643 | to be represented by legal counsel, to call witnesses, to |
| 2644 | introduce exhibits, and to cross-examine opposing witnesses. The |
| 2645 | respondent or respondent's counsel shall be permitted to take the |
| 2646 | deposition of the complainant in accordance with sub-subparagraph |
| 2647 | (3)a.3. |
| 2648 | e. Complainant's Rights. The complainant is not a party to |
| 2649 | any part of the complaint process or these proceedings. The |
| 2650 | complainant has no standing to challenge these rules or |
| 2651 | procedures and has no right to appeal. The complainant may submit |
| 2652 | a list of witnesses or questions for the select committee's |
| 2653 | consideration to assist in its preparation for the hearing. |
| 2654 | (3) Procedures |
| 2655 | a. Procedure and Evidence |
| 2656 | 1. Procedure. The select committee may adopt rules of |
| 2657 | procedure as appropriate to its needs. |
| 2658 | 2. Evidence. Irrelevant, immaterial, or unduly repetitious |
| 2659 | evidence shall be excluded, but all other evidence of a type |
| 2660 | commonly relied upon by reasonably prudent persons in the conduct |
| 2661 | of their affairs shall be admissible, whether or not such |
| 2662 | evidence would be admissible in a trial in the courts of Florida. |
| 2663 | However, hearsay evidence may not be used unless same would be |
| 2664 | admissible under the Florida Rules of Evidence and it shall not |
| 2665 | be sufficient in itself to support a factual finding unless it |
| 2666 | would be admissible over objection in civil actions. |
| 2667 | 3. Discovery. Discovery may be permitted upon motion, which |
| 2668 | shall state the reason therefor. Discovery shall be in accordance |
| 2669 | with the Florida Rules of Civil Procedure but may be limited in |
| 2670 | time, scope, and method by the Chair or the referee. |
| 2671 | 4. Testimony. The select committee shall order the |
| 2672 | testimony of witnesses to be taken under oath, in which event the |
| 2673 | oath may be administered by the Chair or a member of the select |
| 2674 | committee, by any referee appointed pursuant to subsection (i), |
| 2675 | or by any person authorized by law to administer oaths. |
| 2676 | 5. Subpoenas. The select committee may require, by subpoena |
| 2677 | issued pursuant to these rules or otherwise, the attendance and |
| 2678 | testimony of witnesses and the production of such books, records, |
| 2679 | correspondence, memoranda, papers, documents, and other items as |
| 2680 | it deems necessary to the conduct of the inquiry. |
| 2681 | b. Order of Hearing. The order of the full hearing before |
| 2682 | the select committee or the referee shall be as follows: |
| 2683 | 1. The Chair or the referee shall open the hearing by |
| 2684 | stating the select committee's authority to conduct the hearing, |
| 2685 | the purpose of the hearing, and its scope. |
| 2686 | 2. Testimony from witnesses and other evidence pertinent to |
| 2687 | the subject of the hearing shall be received in the following |
| 2688 | order, whenever possible: witnesses and other evidence offered by |
| 2689 | the independent counsel, witnesses and other evidence offered by |
| 2690 | the respondent, and rebuttal witnesses. The select committee may |
| 2691 | call witnesses at any time during the proceedings. |
| 2692 | 3. Witnesses at the hearing shall be examined first by the |
| 2693 | independent counsel. The respondent or the respondent's counsel |
| 2694 | may then cross-examine the witnesses. The members of the select |
| 2695 | committee may then question the witnesses. Redirect and recross |
| 2696 | may be permitted in the Chair's or the referee's discretion. With |
| 2697 | respect to witnesses offered by the respondent, a witness shall |
| 2698 | be examined first by the respondent or the respondent's counsel |
| 2699 | and then may be cross-examined by the independent counsel. |
| 2700 | Members of the select committee may then question the witness. |
| 2701 | Redirect and recross may be permitted in the Chair's or the |
| 2702 | referee's discretion. Participation by the select committee at |
| 2703 | the hearing stage is at the sole discretion of the select |
| 2704 | committee and is not mandatory. |
| 2705 | (4) Burden of Proof. At the hearing, the burden of proof |
| 2706 | rests on the appointed independent counsel to establish the facts |
| 2707 | alleged by clear and convincing evidence with respect to each |
| 2708 | count. |
| 2709 | (e) COMMITTEE RECOMMENDED ORDER |
| 2710 | (1) Committee Deliberations. As soon as practicable, the |
| 2711 | select committee shall consider each count contained in a |
| 2712 | Statement of Alleged Violation or in a complaint and findings, as |
| 2713 | the case may be. A count shall not be proven unless at least a |
| 2714 | majority of the select committee votes for a motion that the |
| 2715 | count has been proved. A count that is not proved shall be |
| 2716 | considered as dismissed by the select committee. |
| 2717 | (2) Dismissal of Complaint. After the hearing, the select |
| 2718 | committee shall, in writing, state its findings of fact. If the |
| 2719 | select committee finds that the respondent has not violated any |
| 2720 | of the provisions of the House Code of Conduct, or a law, rule, |
| 2721 | regulation, or other standard of conduct, it shall order the |
| 2722 | action dismissed and shall notify the respondent and the |
| 2723 | complainant of such action. |
| 2724 | (3) Recommended Order |
| 2725 | a. Recommended Order. If the select committee finds that |
| 2726 | the respondent has violated any of the provisions of the House |
| 2727 | Code of Conduct, or a law, rule, regulation, or other standard of |
| 2728 | conduct, it shall, in writing, state its findings of fact and |
| 2729 | submit a report to the House. A copy of the report shall be sent |
| 2730 | to the respondent and the complainant and shall be published in |
| 2731 | the House Journal. |
| 2732 | b. Penalty. With respect to any violation with which a |
| 2733 | member or officer of the House is charged in a count that the |
| 2734 | select committee has voted as proved, the select committee may |
| 2735 | recommend to the House that the member or officer be fined, |
| 2736 | censured, reprimanded, placed on probation, or expelled, as |
| 2737 | appropriate, or may recommend such other lesser penalty as may be |
| 2738 | appropriate. |
| 2739 | (f) PROPOSED RECOMMENDED ORDER |
| 2740 | (1) Referee. When a hearing is conducted by referee, as |
| 2741 | provided in subsection (i), the referee shall prepare a proposed |
| 2742 | recommended order and file it, together with the record of the |
| 2743 | hearing, with the select committee. Copies of the proposed |
| 2744 | recommended order shall be served on all parties. |
| 2745 | (2) Proposed Recommended Order. The proposed recommended |
| 2746 | order shall contain the time and place of the hearing, |
| 2747 | appearances entered at the hearing, issues, and proposed findings |
| 2748 | of fact and conclusions of law. |
| 2749 | (3) Exceptions. The respondent and the independent counsel |
| 2750 | may file written exceptions with the select committee in response |
| 2751 | to a referee's recommended order. Exceptions shall be filed |
| 2752 | within 20 days after service of the recommended order unless such |
| 2753 | time is extended by the referee or the Chair of the select |
| 2754 | committee. |
| 2755 | (4) Recommended Order. The select committee shall |
| 2756 | deliberate and render a recommended order pursuant to the |
| 2757 | provisions of subsection (e). |
| 2758 | (g) CONSENT DECREE. At any stage of the proceedings, the |
| 2759 | respondent and the select committee may agree to a consent |
| 2760 | decree. The consent decree shall state findings of fact and shall |
| 2761 | be published in the House Journal. The consent decree shall |
| 2762 | contain such penalty as may be appropriate. If the House accepts |
| 2763 | the consent decree, the complaint pursuant to these proceedings |
| 2764 | shall be resolved. If the House does not accept the consent |
| 2765 | decree, the proceedings before the select committee shall resume. |
| 2766 | (h) CONFIDENTIALITY. Any material provided to the House in |
| 2767 | response to a complaint filed under this rule that is |
| 2768 | confidential under applicable law shall remain confidential and |
| 2769 | shall not be disclosed except as authorized by applicable law. |
| 2770 | Except as otherwise provided in this section, a complaint and the |
| 2771 | records relating to a complaint shall be available for public |
| 2772 | inspection upon the dismissal of a complaint by the Chair of the |
| 2773 | Rules & Calendar Council, a determination as to probable cause or |
| 2774 | informal resolution of a complaint by a Special Master or |
| 2775 | Probable Cause Panel, or the receipt by the Speaker of a request |
| 2776 | in writing from the respondent that the complaint and other |
| 2777 | records relating to the complaint be made public records. |
| 2778 | (i) REFEREE. The Select Committee on Standards of Official |
| 2779 | Conduct may, in its discretion and with the approval of the |
| 2780 | Speaker, employ a referee to preside over the proceedings, to |
| 2781 | hear testimony, and to make findings of fact and recommendations |
| 2782 | to the select committee concerning the disposition of complaints. |
| 2783 | (j) INDEPENDENT COUNSEL. The Select Committee on Standards |
| 2784 | of Official Conduct is authorized to retain and compensate |
| 2785 | counsel not regularly employed by the House, as authorized by the |
| 2786 | Speaker. |
| 2787 | (k) ATTORNEY'S FEES. When a Probable Cause Panel or a |
| 2788 | Special Master finds that probable cause does not exist or the |
| 2789 | select committee finds that the respondent has not violated any |
| 2790 | of the provisions of the House Code of Conduct or a law, rule, |
| 2791 | regulation, or other standard of conduct, the panel or Special |
| 2792 | Master or the select committee may recommend to the Speaker that |
| 2793 | the reasonable attorney's fees and costs incurred by the |
| 2794 | respondent be paid by the House. Payment of such reasonable fees |
| 2795 | and costs shall be subject to the approval of the Speaker. |
| 2796 | (l) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation |
| 2797 | under this rule involves the conduct or activities of the |
| 2798 | Speaker, the duties of the Speaker pursuant to this rule shall be |
| 2799 | transferred to the Speaker pro tempore. |
| 2800 | (m) COLLATERAL ACTIONS |
| 2801 | (1) Criminal Actions. Any criminal complaints relating to |
| 2802 | members shall be governed by these rules. |
| 2803 | (2) Commissions or Quasi-Judicial Agencies with Concurrent |
| 2804 | Jurisdiction. If a complaint against a member or an officer of |
| 2805 | the House is filed with a commission or quasi-judicial agency |
| 2806 | with concurrent jurisdiction, the Chair of the Rules & Calendar |
| 2807 | Council, a Probable Cause Panel or a Special Master, and the |
| 2808 | Select Committee on Standards of Official Conduct shall have the |
| 2809 | discretion to refrain from processing a similar complaint until |
| 2810 | such commission or quasi-judicial agency has completed its review |
| 2811 | of the matter. If such a complaint is filed initially with the |
| 2812 | Chair of the Rules & Calendar Council and subsequently filed with |
| 2813 | a commission or quasi-judicial agency with concurrent |
| 2814 | jurisdiction, the Chair of the Rules & Calendar Council, the |
| 2815 | panel or Special Master, and the select committee shall have the |
| 2816 | discretion to suspend their proceedings until all such |
| 2817 | commissions and agencies have completed their review of the |
| 2818 | matter. |
| 2819 | (n) EX PARTE COMMUNICATIONS |
| 2820 | (1) A Special Master or a member of a Probable Cause Panel |
| 2821 | or of a Select Committee on Standards of Official Conduct shall |
| 2822 | not initiate or consider any ex parte communication relative to |
| 2823 | the merits of a pending complaint proceeding by: |
| 2824 | a. Any person engaged in prosecution or advocacy in |
| 2825 | connection with the matter; or |
| 2826 | b. A party to the proceeding or any person who, directly or |
| 2827 | indirectly, would have a substantial interest in the action of |
| 2828 | the panel, Special Master, or select committee, or authorized |
| 2829 | representatives or counsel thereof. |
| 2830 | (2) Except when acting in official capacity as a Special |
| 2831 | Master or as a member of a panel or select committee, a Special |
| 2832 | Master or a member of a Probable Cause Panel or of a Select |
| 2833 | Committee on Standards of Official Conduct shall not comment upon |
| 2834 | or discuss with any other person the matters that occasioned the |
| 2835 | appointment of the Special Master, panel, or select committee |
| 2836 | during the pendency of proceedings held pursuant to this rule |
| 2837 | before the Special Master, panel, or select committee. This |
| 2838 | section shall not apply to communications initiated or considered |
| 2839 | by the Special Master or the Chair of the panel or select |
| 2840 | committee relating to a settlement pursuant to sub-subparagraph |
| 2841 | (c)(2)a.3. or to a consent decree authorized pursuant to |
| 2842 | subsection (g). |
| 2843 | (o) TIME LIMITATIONS |
| 2844 | (1) On or after the effective date of these rules, all |
| 2845 | sworn complaints alleging violation of the House Code of Conduct, |
| 2846 | including any violation of law or of the rules and regulations of |
| 2847 | the House, shall be filed with the Rules & Calendar Council |
| 2848 | within 2 years after the alleged violation. |
| 2849 | (2) A violation of the House Code of Conduct is committed |
| 2850 | when every element of the rule has occurred, and time starts to |
| 2851 | run on the day after the violation occurred. |
| 2852 | (3) The applicable period of limitation is tolled on the |
| 2853 | day a sworn complaint against the member or officer is filed with |
| 2854 | the Rules & Calendar Council. If it can be concluded from the |
| 2855 | face of the complaint that the applicable period of limitation |
| 2856 | has run, the allegations shall not be considered a complaint for |
| 2857 | the purpose of requiring action by the Chair of the Rules & |
| 2858 | Calendar Council. The complaint and all material related thereto |
| 2859 | shall remain confidential. |
| 2860 |
|
| 2861 | 16.3--Penalties for Violations |
| 2862 | Separately from any prosecutions or penalties otherwise provided |
| 2863 | by law, any member determined to have violated the foregoing |
| 2864 | requirements of these rules shall be fined, censured, |
| 2865 | reprimanded, placed on probation, or expelled, or have such other |
| 2866 | lesser penalty imposed as may be appropriate. Such determination |
| 2867 | and disciplinary action shall be taken by a two-thirds vote of |
| 2868 | the House, except that expulsions shall require two-thirds vote |
| 2869 | of the membership, upon recommendation of the select committee so |
| 2870 | designated under Rule 16.2. |
| 2871 |
|
| 2872 | Part Three--Complaints Against Lobbyists |
| 2873 |
|
| 2874 | 16.4--Lobbyists |
| 2875 | (a) OBLIGATIONS OF A LOBBYIST |
| 2876 | (1) A lobbyist shall supply facts, information, and |
| 2877 | opinions of principals to legislators from the point of view that |
| 2878 | the lobbyist openly declares. A lobbyist shall not offer or |
| 2879 | propose anything that may reasonably be construed to improperly |
| 2880 | influence the official act, decision, or vote of a legislator, |
| 2881 | nor shall a lobbyist attempt to improperly influence the |
| 2882 | selection of officers or employees of the House. A lobbyist, by |
| 2883 | personal example and admonition to colleagues, shall maintain the |
| 2884 | honor of the legislative process by the integrity of the |
| 2885 | lobbyist's relationship with legislators as well as with the |
| 2886 | principals whom the lobbyist represents. |
| 2887 | (2) A lobbyist shall not knowingly and willfully falsify, |
| 2888 | conceal, or cover up, by any trick, scheme, or device, a material |
| 2889 | fact or make any false, fictitious, or fraudulent statement or |
| 2890 | representation, or make or use any writing or document knowing |
| 2891 | the same to contain any false, fictitious, or fraudulent |
| 2892 | statements or entry. |
| 2893 | (3) During a regular session, or any extended or special |
| 2894 | session, a lobbyist may not contribute to a member's campaign or |
| 2895 | to any organization that is registered or is required to be |
| 2896 | registered with the Rules & Calendar Council under Rule 15.3. |
| 2897 | (4) No registered lobbyist shall be permitted upon the |
| 2898 | floor of the House while it is in session. |
| 2899 | (b) ADVISORY OPINIONS; COMPILATION THEREOF. A lobbyist, |
| 2900 | when in doubt about the applicability and interpretation of |
| 2901 | subsection (a) in a particular context, shall submit in writing |
| 2902 | the facts for an advisory opinion to the Speaker, who shall |
| 2903 | either refer the issue to the House general counsel for an |
| 2904 | advisory opinion or refer the issue to a committee designated by |
| 2905 | the Speaker to have responsibility for the ethical conduct of |
| 2906 | lobbyists and may appear in person before such committee. The |
| 2907 | House general counsel or this committee shall render advisory |
| 2908 | opinions to any lobbyist who seeks advice as to whether the facts |
| 2909 | in a particular case would constitute a violation of such rule by |
| 2910 | a lobbyist. Such opinion, until amended or revoked, shall be |
| 2911 | binding in any subsequent complaint concerning the lobbyist who |
| 2912 | sought the opinion and acted on it in good faith, unless material |
| 2913 | facts were omitted or misstated in the request for advisory |
| 2914 | opinion. Upon request of the lobbyist or any member, the |
| 2915 | committee designated by the Speaker to have responsibility for |
| 2916 | the ethical conduct of lobbyists may revise any advisory opinion |
| 2917 | issued by the House general counsel or may revise any advisory |
| 2918 | opinion issued by the general counsel of the Office of |
| 2919 | Legislative Services under Joint Rule 1.7. The House general |
| 2920 | counsel or committee shall make sufficient deletions to prevent |
| 2921 | disclosing the identity of persons in the decisions or opinions. |
| 2922 | All advisory opinions of the House general counsel or this |
| 2923 | committee shall be numbered, dated, and published in an annual |
| 2924 | publication of the House. The Clerk shall keep a compilation of |
| 2925 | all advisory opinions of the House general counsel or committee |
| 2926 | designated by the Speaker to have responsibility for the ethical |
| 2927 | conduct of lobbyists. |
| 2928 |
|
| 2929 | 16.5--Complaints of Violations Relating to Lobbyists; Procedure |
| 2930 | (a) FILING OF COMPLAINTS. The Chair of the Rules & Calendar |
| 2931 | Council shall receive and initially review allegations of |
| 2932 | violations of the Rules of the House, Joint Rule 1, or violations |
| 2933 | of a law, rule, or other standard of conduct by a lobbyist. |
| 2934 | (1) Review of Complaints. The Chair of the Rules & Calendar |
| 2935 | Council shall review each complaint submitted to the subcommittee |
| 2936 | relating to the conduct of a lobbyist. |
| 2937 | (2) Complaints |
| 2938 | a. A complaint shall be in writing and under oath, setting |
| 2939 | forth in simple, concise statements the following: |
| 2940 | 1. The name and legal address of the party filing the |
| 2941 | complaint (complainant); |
| 2942 | 2. The name and address of the lobbyist (respondent) |
| 2943 | alleged to be in violation of the Rules of the House, Joint Rule |
| 2944 | 1, or a law, rule, or other standard of conduct; |
| 2945 | 3. The nature of the alleged violation based upon the |
| 2946 | personal knowledge of the complainant, including, if possible, |
| 2947 | the specific section of the Rules of the House, Joint Rule 1, or |
| 2948 | law, rule, or other standard of conduct alleged to have been |
| 2949 | violated; and |
| 2950 | 4. The facts alleged to give rise to the violation. |
| 2951 | b. All documents in the possession of the complainant that |
| 2952 | are relevant to, and in support of, the allegations shall be |
| 2953 | attached to the complaint. |
| 2954 | (3) Processing Complaint and Preliminary Findings |
| 2955 | a. Upon the filing of a complaint, the Chair shall, within |
| 2956 | 5 working days, notify the lobbyist against whom the complaint |
| 2957 | has been filed and give such person a copy of the complaint. |
| 2958 | Within 20 days, the Chair shall take the necessary actions as |
| 2959 | provided in subparagraphs b.-g. |
| 2960 | b. The Chair shall examine each complaint for jurisdiction |
| 2961 | and for compliance with paragraph (a)(2). |
| 2962 | c. If the Chair determines that a complaint does not comply |
| 2963 | with such rule, the complaint shall be returned to the |
| 2964 | complainant with a general statement that the complaint is not in |
| 2965 | compliance with such rule and with a copy of the rule. A |
| 2966 | complainant may resubmit a complaint, provided such complaint is |
| 2967 | resubmitted prior to the expiration of the time limitation set |
| 2968 | forth in subsection (m). |
| 2969 | d. If the Chair determines that the verified complaint does |
| 2970 | not allege facts sufficient to constitute a violation of any of |
| 2971 | the provisions of the Rules of the House, Joint Rule 1, or a law, |
| 2972 | rule, or other standard of conduct, the Chair shall dismiss the |
| 2973 | complaint and notify the complainant and the respondent of such |
| 2974 | action. |
| 2975 | e. If the Chair determines that the complaint is outside |
| 2976 | the jurisdiction of the House, the Chair shall dismiss the |
| 2977 | complaint and notify the complainant and the respondent of such |
| 2978 | action. |
| 2979 | f. If the Chair determines that a violation is inadvertent, |
| 2980 | technical, or otherwise of a de minimis nature, the Chair may |
| 2981 | attempt to correct or prevent such a violation by informal means. |
| 2982 | g. If the Chair determines that such a complaint does |
| 2983 | allege facts sufficient to constitute a violation of any of the |
| 2984 | provisions of the Rules of the House, Joint Rule 1, or a law, |
| 2985 | rule, or other standard of conduct, and that the complaint is not |
| 2986 | de minimis in nature, the Chair shall transmit a copy of the |
| 2987 | complaint to the Speaker and, in writing, request the appointment |
| 2988 | of a Probable Cause Panel or Special Master regarding the |
| 2989 | complaint. A copy of the letter shall be provided to the |
| 2990 | complainant and the respondent. |
| 2991 | (4) Withdrawal of Complaints. A complaint may be withdrawn |
| 2992 | at any time. |
| 2993 | (b) PROBABLE CAUSE PANEL OR SPECIAL MASTER |
| 2994 | (1) Creation. Whenever the Speaker receives a copy of a |
| 2995 | complaint and request made pursuant to subsection (a), the |
| 2996 | Speaker shall, within 20 days, either appoint a Probable Cause |
| 2997 | Panel (the panel) consisting of an odd number of members or |
| 2998 | appoint a Special Master. If the Speaker appoints a Probable |
| 2999 | Cause Panel, the Speaker shall also appoint one member of the |
| 3000 | panel as its Chair. The Speaker may appoint up to two additional |
| 3001 | persons who are not members of the House to serve as nonvoting, |
| 3002 | public members of a Probable Cause Panel. |
| 3003 | (2) Powers and Duties. The members of the panel or the |
| 3004 | Special Master shall have the following powers and duties: |
| 3005 | a. Investigate complaints and make appropriate findings of |
| 3006 | fact promptly regarding allegations of improper conduct |
| 3007 | sufficient to establish probable cause of violation of the Rules |
| 3008 | of the House, Joint Rule 1, or a law, rule, or other standard of |
| 3009 | conduct; |
| 3010 | b. Based upon the investigation by the Special Master or |
| 3011 | the panel, make and report findings of probable cause to the |
| 3012 | Speaker and to the House as it relates to the complaint that |
| 3013 | occasioned the appointment of the Probable Cause Panel or the |
| 3014 | Special Master; |
| 3015 | c. Recommend to the Rules & Calendar Council such |
| 3016 | additional rules or regulations as the Probable Cause Panel or |
| 3017 | the Special Master shall determine are necessary or desirable to |
| 3018 | ensure proper standards of conduct by lobbyists; and |
| 3019 | d. Adopt rules of procedure as appropriate to its needs. |
| 3020 | (3) Quorum. A quorum of a Probable Cause Panel, when |
| 3021 | appointed, shall consist of a majority of the members of the |
| 3022 | panel. All action by a Probable Cause Panel shall require the |
| 3023 | concurrence of a majority of the full panel. |
| 3024 | (4) Term. A Probable Cause Panel or Special Master, as |
| 3025 | appropriate, shall serve until the complaint that occasioned the |
| 3026 | appointment of the panel or the Special Master has been dismissed |
| 3027 | or until a finding of probable cause has been transmitted to the |
| 3028 | Speaker. |
| 3029 | (c) PRELIMINARY INVESTIGATION AND PROBABLE CAUSE FINDING |
| 3030 | (1) Preliminary Investigation |
| 3031 | a. The Probable Cause Panel or the Special Master shall |
| 3032 | provide the respondent an opportunity to present to the panel, |
| 3033 | Special Master, or staff of the panel, orally or in writing, a |
| 3034 | statement addressing the allegations. |
| 3035 | b. The panel, Special Master, or staff of the panel may |
| 3036 | interview witnesses and examine documents and other evidentiary |
| 3037 | matters. |
| 3038 | c. The panel or Special Master may order the testimony of |
| 3039 | witnesses to be taken under oath, in which event the oath may be |
| 3040 | administered by the Chair or any other member of the panel, by |
| 3041 | the Special Master, or by any person authorized by law to |
| 3042 | administer oaths. |
| 3043 | d. The panel or Special Master may require, by subpoena |
| 3044 | issued pursuant to these rules or otherwise, the attendance and |
| 3045 | testimony of witnesses and the production of such books, records, |
| 3046 | correspondence, memoranda, papers, documents, and other items as |
| 3047 | it deems necessary to the conduct of the inquiry. |
| 3048 | (2) Probable Cause Finding |
| 3049 | a. The panel, by a recorded vote of a majority of the full |
| 3050 | panel, or the Special Master, as appropriate, shall determine |
| 3051 | whether there is probable cause to conclude that a violation |
| 3052 | within the jurisdiction of the panel or the Special Master has |
| 3053 | occurred. |
| 3054 | b. If the panel or Special Master, as appropriate, finds |
| 3055 | that probable cause does not exist, the panel or Special Master |
| 3056 | shall dismiss the complaint and notify the complainant and the |
| 3057 | respondent of its determination. |
| 3058 | c. If the panel or Special Master, as appropriate, |
| 3059 | determines that probable cause exists to believe that a violation |
| 3060 | occurred but that the violation, if proven, is of a de minimis |
| 3061 | nature or is not sufficiently serious to justify the imposition |
| 3062 | of a penalty pursuant to Rule 16.6, the panel or Special Master |
| 3063 | may recommend an appropriate, lesser penalty or may resolve the |
| 3064 | complaint informally. If the respondent agrees, a summary of the |
| 3065 | panel's or Special Master's conclusions, as appropriate, shall be |
| 3066 | published in the House Journal and the penalty agreed upon shall |
| 3067 | be imposed. If the panel or Special Master is unable to |
| 3068 | satisfactorily settle the complaint, the complaint shall be |
| 3069 | subject to a full evidentiary hearing before the Select Committee |
| 3070 | on Lobbyist Conduct pursuant to subsection (d). |
| 3071 | d. If the panel or Special Master determines that probable |
| 3072 | cause exists to believe that a violation occurred and that, if |
| 3073 | proven, would be sufficiently serious to justify imposition of a |
| 3074 | penalty pursuant to Rule 16.6, the panel or Special Master shall |
| 3075 | cause to be transmitted to the respondent a Statement of Alleged |
| 3076 | Violation. The statement shall be divided into counts, and each |
| 3077 | count shall be related to a separate violation and shall contain |
| 3078 | a plain and concise statement of the alleged facts of such |
| 3079 | violation, including a reference to the provision of the Rules of |
| 3080 | the House, Joint Rule 1, or law, rule, or other standard of |
| 3081 | conduct alleged to have been violated. A copy of the statement |
| 3082 | shall also be transmitted to the Speaker. |
| 3083 | (d) HEARING |
| 3084 | (1) Select Committee on Lobbyist Conduct. Upon receipt by |
| 3085 | the Speaker of a Statement of Alleged Violation, the Speaker |
| 3086 | shall appoint, within 20 days, a Select Committee on Lobbyist |
| 3087 | Conduct (the select committee) to hold hearings regarding the |
| 3088 | statement and make a recommendation for disciplinary action to |
| 3089 | the full House. |
| 3090 | (2) Hearing. A hearing regarding a violation charged in a |
| 3091 | Statement of Alleged Violation shall be held promptly to receive |
| 3092 | evidence upon which to base findings of fact and recommendations, |
| 3093 | if any, to the House respecting such violation. The hearing |
| 3094 | before the select committee shall be subject to Rule 7.14. |
| 3095 | a. Chair. The Chair of the select committee or other member |
| 3096 | presiding at a hearing shall rule upon any question of |
| 3097 | admissibility of testimony or evidence presented to the select |
| 3098 | committee. Rulings shall be final unless reversed or modified by |
| 3099 | a majority vote of the members of the select committee. If the |
| 3100 | select committee appoints a referee pursuant to subsection (i), |
| 3101 | the referee shall make all evidentiary rulings. |
| 3102 | b. Referee. The select committee shall serve as referee for |
| 3103 | all proceedings under these rules, unless the select committee |
| 3104 | retains an independent referee pursuant to subsection (i). |
| 3105 | c. Prosecutor. The select committee's staff shall serve as |
| 3106 | prosecutor in all proceedings conducted under these rules, unless |
| 3107 | the select committee retains independent counsel pursuant to |
| 3108 | subsection (j). |
| 3109 | d. Respondent's Rights. The respondent shall have the right |
| 3110 | to be represented by legal counsel, to call witnesses, to |
| 3111 | introduce exhibits, and to cross-examine opposing witnesses. The |
| 3112 | respondent or respondent's counsel shall be permitted to take the |
| 3113 | deposition of the complainant in accordance with sub-subparagraph |
| 3114 | (3)a.3. |
| 3115 | e. Complainant's Rights. The complainant is not a party to |
| 3116 | any part of the complaint process or these proceedings. The |
| 3117 | complainant has no standing to challenge these rules or |
| 3118 | procedures and has no right to appeal. The complainant may submit |
| 3119 | a list of witnesses or questions for the select committee's |
| 3120 | consideration to assist in its preparation for the hearing. |
| 3121 | (3) Procedures |
| 3122 | a. Procedure and Evidence |
| 3123 | 1. Procedure. The select committee may adopt rules of |
| 3124 | procedure as appropriate to its needs. |
| 3125 | 2. Evidence. Irrelevant, immaterial, or unduly repetitious |
| 3126 | evidence shall be excluded, but all other evidence of a type |
| 3127 | commonly relied upon by reasonably prudent persons in the conduct |
| 3128 | of their affairs shall be admissible, whether or not such |
| 3129 | evidence would be admissible in a trial in the courts of Florida. |
| 3130 | However, hearsay evidence may not be used unless same would be |
| 3131 | admissible under the Florida Rules of Evidence and it shall not |
| 3132 | be sufficient in itself to support a factual finding unless it |
| 3133 | would be admissible over objection in civil actions. |
| 3134 | 3. Discovery. Discovery may be permitted upon motion, which |
| 3135 | shall state the reason therefor. Discovery shall be in accordance |
| 3136 | with the Florida Rules of Civil Procedure, but may be limited in |
| 3137 | time, scope, and method by the Chair or the referee. |
| 3138 | 4. Testimony. The select committee shall order the |
| 3139 | testimony of witnesses to be taken under oath, in which event the |
| 3140 | oath may be administered by the Chair or a member of the select |
| 3141 | committee, by any referee appointed pursuant to subsection (i), |
| 3142 | or by any person authorized by law to administer oaths. |
| 3143 | 5. Subpoenas. The select committee may require, by subpoena |
| 3144 | issued pursuant to these rules or otherwise, the attendance and |
| 3145 | testimony of witnesses and the production of such books, records, |
| 3146 | correspondence, memoranda, papers, documents, and other items as |
| 3147 | it deems necessary to the conduct of the inquiry. |
| 3148 | b. Order of Hearing. The order of the full hearing before |
| 3149 | the select committee or the referee shall be as follows: |
| 3150 | 1. The Chair or the referee shall open the hearing by |
| 3151 | stating the select committee's authority to conduct the hearing, |
| 3152 | the purpose of the hearing, and its scope. |
| 3153 | 2. Testimony from witnesses and other evidence pertinent to |
| 3154 | the subject of the hearing shall be received in the following |
| 3155 | order, whenever possible: witnesses and other evidence offered by |
| 3156 | the select committee's staff or the independent counsel, |
| 3157 | witnesses and other evidence offered by the respondent, and |
| 3158 | rebuttal witnesses. The select committee may call witnesses at |
| 3159 | any time during the proceedings. |
| 3160 | 3. Witnesses at the hearing shall be examined first by the |
| 3161 | select committee's staff or the independent counsel. The |
| 3162 | respondent or the respondent's counsel may then cross-examine the |
| 3163 | witnesses. The members of the select committee may then question |
| 3164 | the witnesses. Redirect and recross may be permitted in the |
| 3165 | Chair's or the referee's discretion. With respect to witnesses |
| 3166 | offered by the respondent, a witness shall be examined first by |
| 3167 | the respondent or the respondent's counsel, and then may be |
| 3168 | cross-examined by the select committee's staff or the independent |
| 3169 | counsel. Members of the select committee may then question the |
| 3170 | witness. Redirect and recross may be permitted in the Chair's or |
| 3171 | the referee's discretion. Participation by the select committee |
| 3172 | at the hearing stage is at the sole discretion of the select |
| 3173 | committee and is not mandatory. |
| 3174 | (4) Burden of Proof. At the hearing, the burden of proof |
| 3175 | rests on the select committee's staff or the appointed |
| 3176 | independent counsel to establish the facts alleged by clear and |
| 3177 | convincing evidence with respect to each count. |
| 3178 | (e) COMMITTEE RECOMMENDED ORDER |
| 3179 | (1) Committee Deliberations. As soon as practicable, the |
| 3180 | select committee shall consider each count contained in a |
| 3181 | Statement of Alleged Violation. A count shall not be proven |
| 3182 | unless at least a majority of the select committee votes for a |
| 3183 | motion that the count has been proved. A count that is not proved |
| 3184 | shall be considered as dismissed by the select committee. |
| 3185 | (2) Dismissal of Complaint. After the hearing, the select |
| 3186 | committee shall, in writing, state its findings of fact. If the |
| 3187 | select committee finds that the respondent has not violated any |
| 3188 | of the provisions of the Rules of the House, Joint Rule 1, or a |
| 3189 | law, rule, or other standard of conduct, it shall order the |
| 3190 | action dismissed and shall notify the respondent and the |
| 3191 | complainant of such action. |
| 3192 | (3) Recommended Order |
| 3193 | a. Recommended Order. If the select committee finds that |
| 3194 | the respondent has violated any of the provisions of the Rules of |
| 3195 | the House, Joint Rule 1, or a law, rule, or other standard of |
| 3196 | conduct, it shall, in writing, state its findings of fact and |
| 3197 | submit a report to the House. A copy of the report shall be sent |
| 3198 | to the respondent and the complainant and shall be published in |
| 3199 | the House Journal. |
| 3200 | b. Penalty. With respect to any violation with which a |
| 3201 | lobbyist is charged in a count that the select committee has |
| 3202 | voted as proved, the select committee may recommend to the House |
| 3203 | that the lobbyist be censured, reprimanded, or prohibited from |
| 3204 | lobbying for all or any part of the legislative biennium during |
| 3205 | which the violation occurred, or such other penalty as may be |
| 3206 | appropriate. |
| 3207 | (f) PROPOSED RECOMMENDED ORDER |
| 3208 | (1) Referee. When a hearing is conducted by referee, as |
| 3209 | provided in subsection (i), the referee shall prepare a proposed |
| 3210 | recommended order and file it, together with the record of the |
| 3211 | hearing, with the select committee. Copies of the proposed |
| 3212 | recommended order shall be served on all parties. |
| 3213 | (2) Proposed Recommended Order. The proposed recommended |
| 3214 | order shall contain the time and place of the hearing, |
| 3215 | appearances entered at the hearing, issues, and proposed findings |
| 3216 | of fact and conclusions of law. |
| 3217 | (3) Exceptions. The respondent and the independent counsel |
| 3218 | may file written exceptions with the select committee in response |
| 3219 | to a referee's recommended order. Exceptions shall be filed |
| 3220 | within 20 days after service of the recommended order unless such |
| 3221 | time is extended by the referee or the Chair of the select |
| 3222 | committee. |
| 3223 | (4) Recommended Order. The select committee shall |
| 3224 | deliberate and render a recommended order pursuant to the |
| 3225 | provisions of subsection (e). |
| 3226 | (g) CONSENT DECREE. At any stage of the proceedings, the |
| 3227 | respondent and the select committee may agree to a consent |
| 3228 | decree. The consent decree shall state findings of fact and shall |
| 3229 | be published in the House Journal. The consent decree shall |
| 3230 | contain such penalty as may be appropriate. If the House accepts |
| 3231 | the consent decree, the complaint pursuant to these proceedings |
| 3232 | shall be resolved. If the House does not accept the consent |
| 3233 | decree, the proceedings before the select committee shall resume. |
| 3234 | (h) CONFIDENTIALITY. Any material provided to the House in |
| 3235 | response to a complaint filed under this rule that is |
| 3236 | confidential under applicable law shall remain confidential and |
| 3237 | shall not be disclosed except as authorized by applicable law. |
| 3238 | Except as otherwise provided in this section, a complaint and the |
| 3239 | records relating to a complaint shall be available for public |
| 3240 | inspection upon the dismissal of a complaint by the Chair of the |
| 3241 | Rules & Calendar Council, a determination as to probable cause or |
| 3242 | informal resolution of a complaint by a Special Master or |
| 3243 | Probable Cause Panel, or the receipt by the Speaker of a request |
| 3244 | in writing from the respondent that the complaint and other |
| 3245 | records relating to the complaint be made public records. |
| 3246 | (i) REFEREE. The Select Committee on Lobbyist Conduct may, |
| 3247 | in its discretion and with the approval of the Speaker, employ a |
| 3248 | referee to preside over the proceedings, to hear testimony, and |
| 3249 | to make findings of fact and recommendations to the select |
| 3250 | committee concerning the disposition of complaints. |
| 3251 | (j) INDEPENDENT COUNSEL. The Select Committee on Lobbyist |
| 3252 | Conduct is authorized to retain and compensate counsel not |
| 3253 | regularly employed by the House, as authorized by the Speaker. |
| 3254 | (k) ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation |
| 3255 | under this rule involves the conduct or activities of the |
| 3256 | Speaker, the duties of the Speaker pursuant to this rule shall be |
| 3257 | transferred to the Speaker pro tempore. |
| 3258 | (l) EX PARTE COMMUNICATIONS |
| 3259 | (1) A Special Master or a member of a Probable Cause Panel |
| 3260 | or of a Select Committee on Lobbyist Conduct shall not initiate |
| 3261 | or consider any ex parte communication relative to the merits of |
| 3262 | a pending complaint proceeding by: |
| 3263 | a. Any person engaged in prosecution or advocacy in |
| 3264 | connection with the matter; or |
| 3265 | b. A party to the proceeding or any person who, directly or |
| 3266 | indirectly, would have a substantial interest in the action of |
| 3267 | the panel, Special Master or select committee, or authorized |
| 3268 | representatives or counsel thereof. |
| 3269 | (2) Except when acting in official capacity as a Special |
| 3270 | Master or as a member of a panel or select committee, a Special |
| 3271 | Master or a member of a Probable Cause Panel or of a Select |
| 3272 | Committee on Lobbyist Conduct shall not comment upon or discuss |
| 3273 | with any other person the matters that occasioned the appointment |
| 3274 | of the Special Master, panel, or select committee during the |
| 3275 | pendency of proceedings held pursuant to this rule before the |
| 3276 | Special Master, panel, or select committee. This section shall |
| 3277 | not apply to communications initiated or considered by the |
| 3278 | Special Master or the Chair of the panel or select committee |
| 3279 | relating to a settlement pursuant to subparagraph (c)(2)c. or to |
| 3280 | a consent decree authorized pursuant to subsection (g). |
| 3281 | (m) TIME LIMITATIONS |
| 3282 | (1) On or after the effective date of these rules, all |
| 3283 | sworn complaints alleging violation of the Rules of the House, |
| 3284 | Joint Rule 1, or any law, rule, or other standard of conduct by a |
| 3285 | lobbyist shall be filed with the Rules & Calendar Council within |
| 3286 | 2 years after the alleged violation. |
| 3287 | (2) A violation of the Rules of the House is committed when |
| 3288 | every element of the rule has occurred, and time starts to run on |
| 3289 | the day after the violation occurred. |
| 3290 | (3) The applicable period of limitation is tolled on the |
| 3291 | day a sworn complaint against the lobbyist is filed with the |
| 3292 | Rules & Calendar Council. If it can be concluded from the face of |
| 3293 | the complaint that the applicable period of limitation has run, |
| 3294 | the allegations shall not be considered a complaint for the |
| 3295 | purpose of requiring action by the Chair of the Rules & Calendar |
| 3296 | Council. The complaint and all material related thereto shall |
| 3297 | remain confidential. |
| 3298 |
|
| 3299 | 16.6--Penalties for Violations |
| 3300 | Separately from any prosecutions or penalties otherwise provided |
| 3301 | by law, any person determined to have violated the foregoing |
| 3302 | requirements of these rules, any provision in Joint Rule 1 |
| 3303 | adopted by the House and the Senate, or any law, rule, or other |
| 3304 | standard of conduct by a lobbyist may be reprimanded, censured, |
| 3305 | prohibited from lobbying for all or any part of the legislative |
| 3306 | biennium during which the violation occurred, or have such other |
| 3307 | penalty imposed as may be appropriate. Such determination shall |
| 3308 | be made by a majority of the House, upon recommendation of the |
| 3309 | select committee so designated under Rule 16.5. |
