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HR 0001O

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.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.