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HR 0001O

1
House Resolution
2A resolution establishing the Rules of the House of
3Representatives of the State of Florida.
4
5Be It Resolved by the House of Representatives of the State of
6Florida:
7
8     That the following rules shall govern the House of
9Representatives of the State of Florida for the Organization
10Session 2004 and thereafter:
11
12
THE RULES OF THE FLORIDA HOUSE OF REPRESENTATIVES
13
14
RULE ONE
15
LEGISLATIVE ORGANIZATION
16
171.1--Officers of the House
18     (a)  The officers of the Florida House of Representatives
19are:
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
27elected by a majority of the duly elected and certified members
28of the House. For each office, the vote shall be recorded and, if
29a majority vote is not received on the first ballot, the members
30voting shall vote on the two names receiving the highest number
31of votes on the first ballot until a majority vote is received.
32     (c)  The Majority Leader shall be selected by and serve at
33the pleasure of the Speaker, and the Minority Leader shall be
34selected 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
37with the consent of the House.
38
391.2--Political Party Conferences
40Conference rules shall be interpreted and enforced solely by the
41respective caucuses.
42
431.3--Seating Challenges
44In the case of a contest for a seat in the House, notice setting
45forth the specific grounds of such contest and the supporting
46evidence must have been received by the Clerk not less than 5
47days before the organization session of the Legislature. No
48motion to disqualify a member shall be in order at the
49organization session until a Speaker has been elected in
50accordance with the Florida Constitution. In the case of a
51special election, notice must have been received by the Clerk not
52less than 5 days before the next regular or special session
53convenes. If the election is during a session or less than 5 days
54before the next session, the notice must have been received on
55the next legislative day following the receipt of certified
56election results. A contest setting forth facts sufficient to
57warrant review shall be referred by the Speaker to an appropriate
58committee. The committee shall conduct hearings as required and
59report its findings and recommendations to the House. Upon
60receipt of the committee report, the House shall convene with all
61dispatch to determine the contest by a majority vote.
62
63
RULE TWO
64
DUTIES AND RIGHTS OF THE SPEAKER
65
662.1--Speaker to Enforce Rules; Questions of Order
67     (a)  The Speaker shall enforce, apply, and interpret the
68Rules of the House.
69     (b)  All questions of order shall be presented to the
70Speaker for determination. The Speaker may require the member
71raising a point of order to cite the rule or other authority in
72support of the question. The Speaker may decide the question of
73order, put such question to the House, or refer such question to
74the Chair of the Rules & Calendar Council for a recommendation to
75the Speaker. Any decision of the Speaker on a point of order is
76subject to an appeal to the House made timely and separately by
77any five members. When a decision of the Speaker on a question of
78order is appealed, the Speaker shall put the appeal to the House.
79No member may speak more than once or for more than 5 minutes on
80an appeal unless given leave by the House by majority vote.
81
822.2--Speaker to Bring Business Before the House
83The Speaker shall lay all business before the House, reserve
84times for the council, committee, and subcommittee meetings in
85compliance with these rules, and receive motions made by members
86and put them to the House.
87
882.3--Preservation of Order and Decorum; Control Over Chamber and
89Other Rooms Assigned to the House
90The Speaker shall preserve order and decorum and shall have
91general control of the Chamber, corridors, passages, lobby,
92galleries, and rooms of the House whether in the Capitol or
93elsewhere. If there is a disturbance, the Speaker may order the
94Sergeant at Arms to clear the area or direct any other action to
95preserve order and decorum.
96
972.4--Appointment of Temporary Presiding Officer
98The Speaker may appoint any member to perform the duties of
99presiding officer for a temporary period of time not to extend
100beyond a single legislative day. If the Speaker is absent and has
101not made such an appointment, the Speaker pro tempore shall act
102as presiding officer during the Speaker's absence. If the Speaker
103pro tempore is also absent and has not made such an appointment,
104the Chair of the Rules & Calendar Council shall act as presiding
105officer during the absence of both the Speaker and Speaker pro
106tempore or may appoint another member to perform such duties.
107
1082.5--Appointment of Procedures & Policy Chair
109The Speaker may designate one member to serve as Procedures &
110Policy Chair to represent the Speaker in dealings with members,
111Senators, and other parties.
112
1132.6--House Employees Serve at the Pleasure of the Speaker
114The Speaker shall employ all employees of the House and shall
115determine their qualifications, hours of work, and compensation,
116including perquisites and other benefits. All House employees
117serve at the pleasure of the Speaker. The Speaker may dismiss any
118employee of the House without cause, and the pay of such employee
119shall stop on the designated day of dismissal.
120
1212.7--Speaker to Sign Papers and Authorize Counsel in Suits
122Affecting the House
123     (a)  The Speaker shall sign all acts, joint resolutions,
124concurrent resolutions, resolutions, memorials, writs, vouchers
125for expenditures chargeable to the House, contracts binding on
126the House, or other papers issued by the House. The Speaker may
127delegate the authority to sign documents authorizing payments and
128other papers of an administrative nature.
129     (b)  The Speaker may retain or authorize counsel to
130initiate, defend, intervene in, or otherwise participate in any
131suit on behalf of the House, a council or committee of the House,
132a member of the House (whether in the legal capacity of member or
133taxpayer), a former member of the House, or an officer, employee,
134or agent of the House when the Speaker determines that such suit
135is of significant interest to the House and that the interest of
136the House would not otherwise be adequately represented. Expenses
137incurred for legal services in such proceedings may be paid upon
138approval of the Speaker.
139
140
RULE THREE
141
MEMBERS
142
1433.1--Disclosures of Interest and Disqualification from Voting
144     (a)  No member may vote on any measure that the member knows
145or believes would inure to the member's special private gain. The
146member must disclose the nature of the interest for which the
147member is required to abstain from voting. Disclosure shall be
148done in a timely manner by filing a memorandum with the Clerk,
149which shall be printed in the Journal if a vote is taken on the
150measure on the floor. If a vote is taken on the measure in a
151council or committee, the memorandum shall be filed with the
152council or committee administrative assistant, who shall attach
153such memorandum to the council or committee report.
154     (b)  A member, when voting on any measure that the member
155knows or believes would inure to the special private gain of a
156family member of the member, or to the special private gain of
157any principal by whom the member or a family member of the member
158is retained or employed, must disclose the nature of the interest
159of such person in the outcome of the vote. Disclosure shall be
160done promptly by filing a memorandum with the Clerk, which shall
161be printed in the Journal if a vote is taken on the measure on
162the floor. If a vote is taken on the measure in a council or
163committee, the memorandum shall be filed promptly with the
164council or committee administrative assistant, who shall attach
165such memorandum to the council or committee report. For the
166purpose of this rule, family members include the member's spouse,
167parents, and children.
168
1693.2--Attendance Upon Council and Committee Meetings Required
170A member shall attend all meetings of councils, committees, and
171subcommittees to which appointed, unless excused by the council
172or committee Chair or by the Speaker. Excuse from House session
173attendance shall also constitute excuse from that day's council,
174committee, and subcommittee meetings. Failure to attend two
175consecutive council, committee, or subcommittee meetings, unless
176excused, shall be reported by the council or committee Chair to
177the Speaker.
178
1793.3--Attendance at Sessions
180A member may not be absent from the sessions of the House without
181approval of the Speaker. Upon written request of a member
182submitted in a timely manner, the Speaker may, by written notice
183to the Clerk, excuse the member from attendance for any stated
184period. It shall be the responsibility of the excused member to
185advise the Clerk when leaving and returning to the Chamber.
186
1873.4--Members Presumed Present Unless Excused or Necessarily
188Prevented
189Any member who has answered roll call (either orally or by
190electronic means) at the opening of any daily session, or who
191enters after the initial quorum call and informs the Clerk of the
192member's presence, shall thereafter be presumed present unless
193necessarily prevented or leave of absence is obtained from the
194Speaker. The Speaker shall make each determination as to whether
195a member was necessarily prevented.
196
1973.5--Open Meetings
198     (a)  Subject to order and decorum, each member shall provide
199reasonable access to members of the public to any meeting between
200such member and more than one other member of the Legislature, if
201such members of the public have requested admission and such
202meeting has been prearranged for the purpose of agreeing to take
203formal legislative action on pending legislation or amendments at
204such meeting or at a subsequent time. No such meeting shall be
205conducted in the Members' Lounge, at any location that is closed
206to the public, or at any location that the member knows prohibits
207admission on the basis of race, religion, gender, national
208origin, physical disability, or similar classification.
209     (b)  Meetings conducted in the Chamber of either the House
210or the Senate while such body is in session shall be considered
211to be held at a location providing reasonable access to, and to
212be reasonably open to, the public. When the number of persons
213must be limited because of space considerations or otherwise for
214the maintenance of order or decorum, at least one representative
215each of the print, radio, and television media shall be included
216among the members of the public admitted, if such persons have
217requested admission.
218     (c)  For the purpose of this rule, and as used in Section 4
219of Article III of the Florida Constitution, legislation shall be
220considered pending if filed with the Clerk. An amendment shall be
221considered pending if it has been delivered to the administrative
222assistant of a council or committee in which the legislation is
223pending or to the Clerk, if the amendment is to a bill that has
224been reported favorably by each council and committee of
225reference, and the term "formal legislative action" shall include
226any vote of the House or Senate, or of a council, committee, or
227subcommittee of either house, on final passage or on a motion
228other than a motion to adjourn or recess.
229
230
RULE FOUR
231
DUTIES OF THE CLERK, SERGEANT AT ARMS, AND EMPLOYEES
232
2334.1--Clerk
234     (a)  The Clerk shall:
235     (1)  Be the custodian of all bills, resolutions, and
236memorials. No member or other person may take possession of an
237original bill, after filing, with the intention of depriving the
238Legislature of its availability for consideration.
239     (2)  Provide for the keeping of a complete record of
240introduction and action on all bills, resolutions, and memorials,
241including the number(s), the sponsor(s), each cosponsor, a brief
242description of the subject matter, and each council and committee
243reference.
244     (3)  Keep a correct journal of proceedings of the House. The
245Journal shall be numbered serially and published from the first
246day of each session of the Legislature.
247     (4)  Superintend the engrossing and transmitting of bills,
248resolutions, and memorials and approve the enrolling of all House
249bills.
250     (5)  Not permit any records or papers belonging to the House
251to be taken out of the Clerk's custody other than in the regular
252course of business and only then upon receipt.
253     (6)  Publish Daily and Interim Calendars necessary to
254provide public notice of consideration of bills, resolutions, and
255memorials by the House and its councils, committees, and
256subcommittees.
257     (7)  Examine bills, resolutions, and memorials upon their
258tender for introduction to determine whether facially they meet
259the requirements of the Florida Constitution for the presence of
260the enacting or resolving clause or the provision in local bills,
261including local claim bills, for advertising or for referendum;
262however, beyond calling an apparent defect to the attention of
263the first-named sponsor, the obligation of the Clerk shall end.
264     (8)  Sign and receive necessary papers in the name of the
265House between a general election and election of the Speaker.
266     (b)  It shall be a ministerial duty of the Clerk to attest
267to all writs, issued by order of the House, and to the passage of
268all legislative measures.
269     (c)  In the necessary absence of the Clerk, the Speaker may
270appoint a temporary Clerk.
271
2724.2--Sergeant at Arms
273The Sergeant at Arms shall:
274     (a)  Attend the House during its sittings and maintain order
275under the direction of the Speaker or member performing the
276duties of the presiding officer.
277     (b)  Ensure that no person is admitted to the House Chamber
278except in accordance with these rules.
279     (c)  Be under the direct supervision and execute all
280commands of the Speaker.
281     (d)  Be the custodian of furniture, books, and property of
282the House and shall annually take an inventory of all property
283under the Sergeant at Arms' charge.
284     (e)  Provide for the security of the House and its members
285when engaged in their constitutional duties.
286     (f)  Perform all other duties pertaining to the Sergeant at
287Arms' Office as prescribed by law or these rules.
288
2894.3--Employees Forbidden to Lobby; Restriction on Employee
290Campaign Activities
291     (a)  An employee of the House may not, directly or
292indirectly, be interested in or concerned with the passage or
293consideration of any bill without direction from a member with
294authority over the designated staff member. An employee may, on
295behalf of a member, present a bill in council, committee, or
296subcommittee in the member's absence only with the member's prior
297written direction. An employee shall not exhibit an improper
298interest in or concern with any bill.     
299     (b)  An employee of the House may not engage in campaign
300activities during regular work hours, except when on approved
301leave, and may neither hold, nor be a candidate for, public
302office (other than a political party executive committee office)
303while in the employ of the House.
304
305
RULE FIVE
306
FORM AND INTRODUCTION OF BILLS
307
3085.1--"Bill" Stands for All Legislation
309Except when the context otherwise indicates, "bill," as used in
310these rules, means a bill, joint resolution, concurrent
311resolution, resolution, memorial, or other measure upon which a
312council or committee may be required to report.
313
3145.2--Member and Committee Bill Filing Deadlines
315     (a)  No general bill, local bill originating in the House,
316joint resolution, concurrent resolution (except one relating to
317extension of a session or legislative organization or
318procedures), substantive House resolution, or memorial
319originating in the House shall be given first reading unless
320approved for filing with the Clerk no later than noon of the
321first day of the regular session.
322     (b)  To be admitted for introduction, bills originating in
323committees shall be approved for filing with the Clerk no later
324than noon of the 28th day of the regular session. Committee bills
325filed after this deadline will be admitted for introduction only
326if accompanied by a certificate of urgent public need submitted
327jointly by the committee and council Chairs and approved by the
328Speaker.
329
3305.3--Limitation on Member Bills Filed
331     (a)  A member may not file more than six bills for a regular
332session. Of the six bills, at least two must be approved for
333filing with the Clerk no later than noon of the 6th Tuesday prior
334to the first day of the regular session. For purposes of this
335rule, the member considered to have filed a bill is the first-
336named sponsor of the bill. Bills that have been withdrawn from
337further consideration prior to the filing deadline shall not be
338counted 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
344session or legislative organization or procedures
345     (5)  Trust fund bills adhering to another bill
346     (6)  Public records or public meetings exemption bills
347adhering to another bill
348     (7)  Joint resolutions adhering to a general bill
349     (8)  Bills that only repeal or delete, without substantive
350replacement, provisions of the Florida Statutes or Laws of
351Florida.
352
3535.4--Forms of Measures; Sponsorship Transactions
354     (a)  To be acceptable for introduction, all bills shall be
355produced in accordance with standards approved by the Speaker.
356     (b)  No member may be added or deleted as a sponsor or
357cosponsor of a bill without the member's consent. A member
358desiring to be a cosponsor must submit to the Clerk a
359cosponsorship request agreed to by the first-named sponsor. A
360member may withdraw as a cosponsor by submitting a request to the
361Clerk.
362     (c)  Bills that propose to amend existing provisions of law
363shall contain the full text of the section, subsection, or
364paragraph to be amended. Joint resolutions that propose to amend
365the Florida Constitution shall contain the full text of the
366section to be amended. As to those portions of general bills and
367joint resolutions that propose to amend existing provisions of
368the Florida Statutes or the Florida Constitution, new words shall
369be inserted in the text underlined and words to be deleted shall
370be lined through with hyphens. If the change in language is so
371general that the use of these procedures would hinder, rather
372than assist, the understanding of the amendment, it is not
373necessary to use the coded indicators of words added or deleted,
374but, in lieu thereof, a notation similar to the following shall
375be inserted immediately preceding the affected section of the
376bill: "Substantial rewording of section. See s.  . . . , F.S.,
377for present text." When such a notation is used, the notation, as
378well as the substantially reworded text, shall be underlined. The
379words to be deleted and the above-described indicators of such
380words and of new material are for information and guidance and do
381not constitute a part of the bill under consideration. Numerals
382in the margins of the line-numbered paper do not constitute a
383part of the bill and are shown on the page only for convenience
384in identifying lines. Section catch lines of existing text shall
385not be underlined, nor shall any other portion of a bill covered
386by this rule other than new material.
387
3885.5--Local Bills
389     (a)  If the substance of a local bill may be enacted into
390law by ordinance of a local governing body without the legal need
391for a referendum, the Local Government Council may not report the
392bill favorably.
393     (b)  A local bill that provides an exemption from general
394law may not be placed on the Special Order Calendar in any
395section reserved for the expedited consideration of local bills.
396     (c)  All local bills, including local claim bills, must
397either, as required by Section 10 of Article III of the Florida
398Constitution, embody provisions for a ratifying referendum
399(stated in the title as well as in the text of the bill) or be
400accompanied by an affidavit of proper advertisement, securely
401attached to the original bill ahead of its first page.
402
4035.6--Claim Bills
404     (a)  The Speaker may appoint a Special Master to review a
405claim bill or conduct a hearing, if necessary. The Special Master
406may administer an oath to all witnesses, accept relevant
407documentary and tangible evidence offered as deemed necessary,
408and record the hearing. The Special Master may prepare a final
409report containing findings of fact, conclusions of law, and
410recommendations. The report shall be signed by the Special
411Master, who shall be available, in person, to explain his or her
412report to any council or committee of reference.
413     (b)  Stipulations entered into by the parties are not
414binding on the Special Master or the House or its councils or
415committees.
416     (c)  The hearing and consideration of a claim bill shall be
417held in abeyance until all available administrative and judicial
418remedies have been exhausted, except that the hearing and
419consideration of a claim that is still within the judicial or
420administrative system may proceed when the parties have executed
421a written settlement agreement.
422
4235.7--Reviser's Bills
424Reviser's bills shall be introduced by the Rules & Calendar
425Council, which may request prior review by another council or  
426committee.
427
4285.8--General Appropriations Bill and Related Legislation
429The general appropriations bill and related legislation,
430including trust fund bills, may be introduced by the Fiscal
431Council.
432
4335.9--Memorials
434A memorial expresses the opinion of the Legislature to the
435Federal Government. All memorials shall contain the resolving
436clause "Be It Resolved by the Legislature of the State of
437Florida:".
438
4395.10--House Resolutions and Concurrent Resolutions and Tributes
440     (a)  All House resolutions and all concurrent resolutions
441originating in the House shall contain a title and a resolving
442clause. In the case of House resolutions, the resolving clause
443shall be "Be It Resolved by the House of Representatives of the
444State of Florida:". In the case of concurrent resolutions
445originating in the House, the resolving clause shall be "Be It
446Resolved by the House of Representatives of the State of Florida,
447the Senate Concurring:". Concurrent resolutions originating in
448the House shall present only questions pertaining to extension of
449a session, enactment of joint rules, ratification of federal
450constitutional amendments, communications with the judiciary,
451actions taken pursuant to federal law not requiring gubernatorial
452approval, or other exclusively legislative matters.
453     (b)  All ceremonial House resolutions shall be reviewed and
454approved by the Chair of the Rules & Calendar Council before
455introduction.
456     (c)  Copies of House resolutions shall be furnished by the
457Clerk. The Secretary of State shall be requested to prepare
458certified copies of concurrent resolutions after their adoption.
459     (d)  Any matter commemorating local achievement,
460condolences, or other recognition shall be prepared by the House
461Bill Drafting Service as an individual tribute for the member
462sponsoring the measure.
463
4645.11--Bills Filed During an Interim
465During the period between the organization session and the
466convening of the first regular session of the legislative
467biennium and during the period between the first and second
468regular sessions of the legislative biennium, members may file
469for introduction bills that have been prepared or reviewed by the
470House Bill Drafting Service.
471
4725.12--Requirements for Introduction
473     (a)  All bills (other than a general appropriations bill,
474concurrent resolutions relating to organization of the
475Legislature, resolutions relating to organization of the House,
476reviser's bills, reapportionment bills or resolutions, and recall
477of acts from the Governor) shall either be prepared or, in the
478case of local bills, reviewed by the House Bill Drafting Service.
479After completion and delivery by the House Bill Drafting Service,
480no change may be made in the text or title of the bill without
481returning the bill to the House Bill Drafting Service prior to
482filing.
483     (b)  The Director of the House Bill Drafting Service shall
484notify any member proposing a bill if an identical or similar
485bill has been filed and, if so, the name of the sponsor of such
486bill.
487
4885.13--Identification
489All bills shall be given a number and filed with the Clerk by the
490House Bill Drafting Service. Bills shall be serially numbered, in
491an odd-numbered sequence, except that bills of a similar type may
492be serially numbered separately. The Clerk shall validate the
493original copy of each bill, and each page thereof, to ensure its
494identification as the item introduced in order to prevent
495unauthorized or improper substitutions therefor.
496
4975.14--Companion Measures
498A companion Senate bill must be substantially similar in wording,
499and identical as to specific intent and purpose, to the House
500bill for which it is being substituted. Whenever a House bill is
501reached on the floor for consideration, either on second or third
502reading, and there is also pending on the Calendar of the House a
503companion bill already passed by the Senate, it shall be in order
504to move that the Senate companion bill be substituted and
505considered in lieu of the House bill. Such motion may be adopted
506by a majority vote, provided the Senate bill is on the same
507reading; otherwise, the motion shall be to waive the rules by a
508two-thirds vote and substitute such Senate bill. At the moment
509the House substitutes the Senate companion bill or takes up a
510Senate bill in lieu of a House bill, the House bill so replaced
511shall be automatically tabled.
512
513
RULE SIX
514
REFERENCE
515
5166.1--Speaker to Refer Legislation
517The authority to make bill referrals rests with the Speaker,
518except as otherwise provided in these rules.
519
5206.2--Reference: Generally
521     (a)  Bills, upon prefiling or introduction, whether House or
522Senate, shall be referred by the Speaker to a committee and its
523council and such other committees as are deemed appropriate or to
524the Calendar of the House as elsewhere provided in these rules,
525except that bills introduced by committees may, alternatively, be
526referred only to the council of the committee originating the
527bill. The order of reference shall be determined by the Speaker,
528provided the council shall consider the bill last.
529     (b)  The Chair of a standing committee, upon receipt of a
530referred bill, may either refer the bill to a subcommittee or
531consider the bill at a meeting of the standing committee.
532     (c)  References of bills and the nature of any documents
533referred shall be recorded in the Journal.
534
5356.3--Reference: Exception; Additional References
536     (a)  A Senate bill with a House companion may be paired with
537the companion House bill at whatever its stage of consideration,
538provided both bills are on the same reading.
539     (b)  If a bill is reported with a committee substitute that
540contains an issue that was not in the original bill and such
541issue is within the jurisdiction of another committee, the
542Speaker may refer the bill to the other committee having
543jurisdiction over the additional subject and, if given an
544additional reference, such bill shall be considered by the new
545committee of reference before its consideration by any remaining
546fiscal committees of reference or the council.
547     (c)  If a bill is reported with a council substitute that
548contains a new issue and such issue is within the jurisdiction of
549another council, the Speaker may further refer the bill.
550     (d)  A general appropriations bill and related legislation,
551including trust fund bills, introduced by the Fiscal Council may
552be referred to the Calendar of the House.
553     (e)  Reviser's bills may be referred to the Calendar of the
554House.
555     (f)  A House combined bill introduced by a council may be
556referred to the Calendar of the House or further referred as
557appropriate.
558     (g)  Local bills may be referred by the Speaker to a council
559or to a committee and its council and such other committees as
560are deemed appropriate.
561     (h)  After the 55th day of a regular session and during any
562extended or special session, a Senate bill may be referred by the
563Speaker to a council or to a committee and its council and such
564other committees as are deemed appropriate.
565
5666.4--Reference of Resolutions, Concurrent Resolutions: Exception
567Resolutions on House organization and concurrent resolutions
568pertaining to extension of the session may be taken up upon
569motion and adopted at the time of introduction without reference.
570
5716.5--Reference of Appropriations or Tax Measures
572     (a)  All bills carrying or affecting appropriations or tax
573matters shall be referred to an appropriate fiscal committee.
574     (b)  A bill in the possession of a committee within the
575Fiscal Council that has been amended by report from a committee
576of previous reference to remove its fiscal impact may be
577withdrawn from the committee within the Fiscal Council on a point
578of order raised by the Chair or Vice Chair of the Fiscal Council.
579     (c)  If an amendment adopted on the floor of the House
580affects an appropriation or a tax matter, upon point of order
581made by the Chair or Vice Chair of the Fiscal Council, the bill
582may be referred by the Speaker with the amendment to a committee
583or council unless the amendment is the substance of a bill which
584has been approved by the Fiscal Council or one of its committees.
585If the bill, as amended on the floor, is reported favorably
586without further amendment, it shall be returned to the same
587reading as when referred. If the bill, as amended on the floor,
588is reported favorably with further amendment, it shall be
589returned to second reading.
590
5916.6--Reference of Veto Messages
592The Speaker shall refer veto messages to the appropriate council
593or committee for a recommendation.
594
595
RULE SEVEN
596
COUNCILS AND COMMITTEES--ORGANIZATION, PROCEDURES, MEETINGS, AND
597
OVERSIGHT
598
599Part One--Organization
600
6017.1--Councils, Standing Committees, and Subcommittees;
602Appointments
603     (a)  The following standing committees are hereby
604established 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
616following 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
635Committee
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
664each House council, committee, and subcommittee and shall also
665appoint the remaining membership of each such council, committee,
666and subcommittee. The Speaker shall give notice of each such
667appointment in writing to the Clerk for publication in an Interim
668Calendar and the Journal.
669     (d)  The Speaker may establish standing or select
670subcommittees constituted from the membership of standing
671committees and appoint their Chairs, Vice Chairs, and members.
672Subcommittees and select subcommittees so established shall be
673subject to the authority and direction of their parent committee.
674The Speaker shall give notice of the establishment of
675subcommittees and select subcommittees and appointments thereto
676in writing to the Clerk for publication in an Interim Calendar
677and the Journal.
678     (e)  If necessary, the Speaker may appoint a temporary Chair
679for any council, standing committee, or subcommittee.
680     (f)  All council, standing committee, and subcommittee
681Chairs, Vice Chairs, and members serve at the pleasure of the
682Speaker.
683     (g)  All council, standing committee, and subcommittee
684appointments made by the Speaker shall expire on August 1 of odd-
685numbered years or, if the Legislature is convened in special or
686extended session on that date, upon adjournment sine die of such
687session.
688
6897.2--Appointment of Select Committees
690The Speaker may at any time create a select committee and shall
691appoint the membership and name the Chair and Vice Chair thereof.
692A select committee may include the entire membership of the
693House. A select committee has the jurisdiction and duties and
694exists for the period of time specified by the Speaker. Select
695committees may introduce or receive by reference legislation only
696if clothed by the House with this power. The Speaker shall give
697notice of the creation of a select committee in writing to the
698Clerk for publication in an Interim Calendar and the Journal.
699
7007.3--Ex Officio Members
701The Speaker may designate the Speaker pro tempore, the Procedures
702& Policy Chair, or the Majority Leader as an ex officio, voting
703member of any council or standing committee. No council or
704standing committee may have more than one ex officio member
705voting at any one time. For the purpose of a quorum, an ex
706officio member shall not be included in the membership of a
707council or committee. The Speaker shall give notice of the
708designation of any such ex officio member in writing to the
709member so designated and to the council or committee Chair. The
710Chair of the parent committee shall, ex officio, be an additional
711voting member of a subcommittee. However, for the purpose of a
712quorum, the parent committee Chair shall not be included in the
713membership of a subcommittee.
714
715Part Two--Meetings; Powers, Duties, and Procedure
716
7177.4--Powers of the Chair and Procedure Generally
718     (a)  The Rules of the House shall govern procedure in
719council, committee, and subcommittee insofar as they are
720applicable.
721     (b)  The council, committee, or subcommittee Chair shall
722sign all notices, vouchers, or reports required or permitted by
723these rules. The council or committee Chair shall sign all
724subpoenas as provided in Rule 16.1. Except as otherwise provided
725in these rules, the Chair has all authority necessary to ensure
726the orderly operation of the council, committee, or subcommittee,
727including, but not limited to, presiding over the council,
728committee, or subcommittee, establishing the agenda for the
729council, committee, or subcommittee, recognition of members or
730presenters, deciding all questions of order in council,
731committee, or subcommittee, and determining the order in which
732matters are taken up in council, committee, or subcommittee.
733There shall be no appeal from the Chair's recognition, but the
734Chair shall be governed by the rules and usage in priority of
735entertaining motions.
736     (c)  Rulings on questions of order are subject to an appeal.
737Such appeal shall be made during the council, committee, or
738subcommittee meeting and shall be submitted in writing to the
739Chair signed by at least two members of the council, committee,
740or subcommittee prior to 4:30 p.m. of the next business day. The
741appeal shall be certified by the Chair to the House for timely
742action by the Speaker following such certification. The Speaker
743may refer an appeal to the Chair of the Rules & Calendar Council
744for a recommendation. The ruling of the Speaker shall be entered
745in the Journal and shall be subject to appeal as any other
746question. The Chair may, or on a majority vote of the council,
747committee, or subcommittee shall, certify a question of
748parliamentary procedure to the Speaker as contemplated by this
749rule without a formal appeal. Such a certified question shall be
750disposed of by the Speaker as if it had been on appeal. The
751certification of an appeal or of a question of parliamentary
752procedure pursuant to this rule does not constitute an automatic
753stay to further legislative action on the measure under
754consideration.
755
7567.5--Absence of the Chair
757For the purpose of convening or presiding over a meeting in the
758absence of the Chair, the Vice Chair shall assume all duties of
759the Chair until the Chair's return or replacement, unless a
760temporary Chair has been appointed by the Speaker to assume said
761duties.
762
7637.6--Meetings of Councils, Committees, and Subcommittees and
764Extensions Thereof
765Councils, committees, and subcommittees shall meet at the call of
766the Chair, within the dates, times, and locations designated by
767the Speaker. Meeting beyond the designated time shall be allowed
768only with leave granted by the Speaker. A council, committee, or
769subcommittee may continue the consideration of properly noticed
770legislation after the expiration of the time set for the meeting
771with the Speaker's approval and if a majority agree to continue
772or to temporarily recess to continue the meeting at a time and
773place certain on the same day, provided there is no conflict with
774another scheduled council, committee, or subcommittee meeting.
775
7767.7--Hours for Meetings
777No council, committee, or subcommittee meeting shall begin before
7788 a.m. or continue beyond 6 p.m., unless granted leave by the
779Speaker.
780
7817.8--Councils, Committees, and Subcommittees Meeting During House
782Session
783No council, committee, or subcommittee shall meet while the House
784is in session without the consent of the House, except conference
785committees and the Rules & Calendar Council, when meeting to
786consider matters other than the substance of legislation.
787
7887.9--Consideration of Proposed Committee Bills, Reviser's Bills,
789General Appropriations and Related Bills, and House Combined
790Bills
791     (a)  Proposed committee bills (PCBs), reviser's bills
792proposed by the Rules & Calendar Council, and the general
793appropriations bill and related legislation, including trust fund
794bills, proposed by the Fiscal Council shall be treated as other
795bills in satisfying the requirements for notice. Each such
796proposed bill shall be available to each council, committee, or
797subcommittee member no later than the time of posting of notice.
798Such a proposed bill taken up without the council, committee, or
799subcommittee conforming to this rule shall be regarded as being
800considered in workshop session only, with final action carried
801over to a future meeting of the council, committee, or
802subcommittee at which the requirements of this rule have been
803met.
804     (b)  Before a committee or subcommittee may consider a
805proposed committee bill, the committee Chair and the council
806Chair shall jointly submit a request to the Speaker for approval.
807     (c)  A council or committee may, at any time and without
808further approval, introduce legislation the substance of which is
809drawn from two or more general bills or joint resolutions filed
810in the House and in the possession of the council or committee.
811This shall be known as a House combined bill, which may be
812referred to by the acronym HCB or HCJR, as applicable. Such
813measure shall carry the numbers in serial order of the bills
814incorporated. Sponsors for a House combined bill shall be the
815council or committee introducing it followed by the first-named
816sponsors of the bills so incorporated in the same sequence as the
817serial order of the bills' numbers. Cosponsors shall thereafter
818be listed alphabetically. Upon introduction of a combined bill,
819the original bills so joined shall be laid upon the table and may
820not be withdrawn from further consideration for purposes of
821exemption from the filing limitation in Rule 5.3.
822     (d)  Proposed House combined bills shall be treated as other
823bills in satisfying the requirements for notice. Each proposed
824House combined bill shall be available to each council or
825committee member no later than the time of posting of notice. A
826proposed House combined bill taken up without the council or
827committee conforming to this rule shall be regarded as being
828considered in workshop session only, with final action carried
829over to a future meeting of the council or committee at which the
830requirements of this rule have been met.
831
8327.10--Meetings of Councils, Committees, and Subcommittees: Time
833Required for Advance Notice During Sessions
834     (a)  During the first 45 calendar days of a regular session,
835prior notice shall be given 2 days (excluding Saturday and
836Sunday) in advance of a council, committee, or subcommittee
837meeting for the purpose of considering legislation. If the notice
838is filed with the Clerk by 4:30 p.m., a bill or proposed bill may
839be heard at any time on the second succeeding day. After the 45th
840calendar day and during any extended session, the notice shall be
841given at least 1 day in advance of the council, committee, or
842subcommittee meeting.
843     (b)  During special sessions, councils, committees, and
844subcommittees shall provide notice at least 2 hours in advance of
845a meeting.
846     (c)  The Chair of any committee or subcommittee may remove
847any item from an agenda at any time by filing an amended notice
848prior to commencement of the meeting.
849     (d)  If a council, committee, or subcommittee is approved
850and scheduled for a meeting by the Speaker, but does not plan to
851meet, a notice stating that no meeting is to be held shall be
852filed with the Clerk and posted.
853     (e)  Except when meeting to consider the substance of
854legislation, the Rules & Calendar Council shall be exempt from
855the requirements of this rule.
856
8577.11--Nature and Distribution of Notice During Sessions
858     (a)  A notice shall include a listing and sufficient title
859for identification of bills or proposed bills to be considered by
860the council, committee, or subcommittee holding the meeting,
861including, time permitting, those directed to be retained.
862However, failure to include a bill directed to be retained in the
863notice does not preclude the motion to reconsider from being
864made.
865     (b)  A notice shall state the date, time, and place of a
866meeting. The first-named sponsor and the members of the council,
867committee, or subcommittee shall be provided separate notice.
868     (c)  Whenever timely, such notices shall be included in the
869Calendar of the House.
870
8717.12--Nature and Distribution of Notice Between Sessions
872     (a)  During the period when the Legislature is not in
873session, before any council, committee, or subcommittee holds a
874meeting for the purpose of considering a bill, a House combined
875bill, a proposed House combined bill, or a proposed committee
876bill, a notice of such meeting shall be filed with the Clerk no
877later than 4:30 p.m. 7 calendar days before the Friday preceding
878the week of the meeting.
879     (b)  The notice shall state the date, time, and place of the
880meeting, the bill or proposed bill number, and a portion of the
881title sufficient for identification.
882     (c)  If a council, committee, or subcommittee is approved
883and scheduled for a meeting by the Speaker, but does not plan to
884meet, a notice stating that no meeting is to be held shall be
885filed with the Clerk and posted.
886     (d)  The council or committee administrative assistant shall
887transmit copies of the notice to the members of the council,
888committee, or subcommittee and to the first-named sponsor of the
889bill.
890     (e)  Whenever timely, the Clerk shall enter such notices in
891an Interim Calendar.
892     (f)  When two meetings have been scheduled by a council,
893committee, or subcommittee during a 30-day period when the
894Legislature is not in session, the council or committee Chair may
895provide in the notice for the first meeting that bills placed on
896the agenda for the first meeting and not reported out shall be
897available for consideration at the second meeting without further
898notice.
899
9007.13--Reconsideration in Council, Committee, or Subcommittee
901A motion for reconsideration in council, committee, or
902subcommittee shall be treated in the following manner:
903     (a)  When a main question has been decided by a council,
904committee, or subcommittee, any member voting with the prevailing
905side, or any member when the vote was a tie, may move for
906reconsideration.
907     (b)  Without recognition, a member voting on the prevailing
908side on passage or defeat of a bill may, as a matter of right,
909direct that the bill be retained through the next council,
910committee, or subcommittee meeting for the purpose of
911reconsideration. Such direction by an individual member may be
912set aside by adoption of a motion to report the bill immediately,
913which shall require a two-thirds vote. No bill may be directed to
914be retained after the 40th day of a regular session or during any
915extended or special session.
916     (c)  A motion to reconsider a collateral matter must be
917disposed of during the course of consideration of the main
918subject to which it is related.
919     (d)  If a bill has been directed to be retained, any member
920may move for its reconsideration at the next meeting of the
921council, committee, or subcommittee.
922     (e)  If the council, committee, or subcommittee refuses to
923reconsider or, upon reconsideration, confirms its prior decision,
924no further motion to reconsider shall be in order except upon
925unanimous consent of the council, committee, or subcommittee
926members present.
927     (f)  If a bill is not directed to be retained, it shall be
928promptly reported to the Clerk.
929
9307.14--Open Meetings; Decorum
931     (a)  All meetings of all councils, committees, and
932subcommittees shall be open to the public at all times, subject
933always to the authority of the Chair to maintain order and
934decorum; however, when reasonably necessary for security purposes
935or the protection of a witness, a Chair, with the concurrence of
936the Speaker and the Minority Leader, may close a council,
937committee, or subcommittee meeting, or portion thereof, and the
938record of such meeting may not disclose the identity of the
939witness appearing before the council, committee, or subcommittee.
940     (b)  The Chair shall exercise all authority necessary to
941maintain order and decorum, including the authority to require
942all persons attending a council, committee, or subcommittee
943meeting to silence all audible electronic equipment.
944
9457.15--Unfavorable Reports
946     (a)  A bill reported unfavorably by a council or committee
947shall be laid on the table.
948     (b)  A bill reported unfavorably by a council or committee
949may be taken from the table upon the motion of any member on the
950floor, adopted by a two-thirds vote, after debate not to exceed 6
951minutes evenly divided between proponents and opponents of the
952motion.
953     (c)  A bill reported unfavorably by a subcommittee shall
954appear on the agenda for the next meeting of the parent committee
955following the unfavorable vote of the subcommittee, consistent
956with time and notice requirements. A bill reported unfavorably by
957a subcommittee shall be laid upon the table and shall be reported
958unfavorably following the next meeting of the parent committee
959after the unfavorable report of the subcommittee, unless a member
960of the parent committee, at such meeting, makes a motion, which
961shall be decided without debate, to take the bill from the table.
962A two-thirds vote shall be required to take the bill from the
963table. If the bill that previously had been reported unfavorably
964by a subcommittee is taken from the table, the parent committee
965shall take up the bill with debate limited to members of the
966committee and the first-named sponsor. However, by a two-thirds
967vote, the bill may receive a hearing de novo and witnesses shall
968be permitted to testify.
969
9707.16--Voting in Council and Committee; Votes After Roll Call
971     (a)  A majority of the members of a council, committee, or
972subcommittee present, a quorum having been established, shall
973agree by their recorded votes upon the disposition of any bill or
974other main question considered by the council, committee, or
975subcommittee. (Florida Constitution, Article III, Section 4(c),
976in part: "... In any legislative committee or subcommittee, the
977vote of each member voting on the final passage of any
978legislation pending before the committee, and upon the request of
979any two members of the committee or subcommittee, the vote of
980each member on any other question, shall be recorded.")
981     (b)  Absent members may submit an indication of how they
982would have voted if present, but this shall not be counted on a
983roll call. Such votes after roll call shall be attached to the
984council or committee report when filed with the Clerk.
985
9867.17--Proxy Voting Prohibited
987A member of a council, committee, or subcommittee may not, under
988any circumstance, vote by proxy.
989
9907.18--Quorum Requirement
991     (a)  A majority of the membership of the council, committee,
992or 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
995workshop with or without a quorum.
996     (d)  A council, committee, or subcommittee may not file a
997report unless the council, committee, or subcommittee has met at
998an authorized time and place, with a quorum present.
999
10007.19--Nature and Contents of Council, Committee, and Subcommittee
1001Reports
1002     (a)  It shall be the duty of councils, committees, and
1003subcommittees to report House bills either favorably, favorably
1004with council or committee substitute, or unfavorably, and Senate
1005bills either favorably, favorably with (number of) amendment(s),
1006or unfavorably, but never without recommendation. A motion to lay
1007a bill on the table shall be construed as a motion to report the
1008pending bill unfavorably.
1009     (b)  Each report of a council, committee, or subcommittee
1010must contain the action of the council, committee, or
1011subcommittee on the bill being transmitted, together with a
1012Council, Committee, or Subcommittee Information Record stating:
1013     (1)  The time and place of the meeting at which the action
1014was taken;
1015     (2)  The name and address of each person appearing before
1016the council, committee, or subcommittee relative to the measure
1017and, if an agent, the interest represented; and
1018     (3)  The vote of each member of the council, committee, or
1019subcommittee on the motion to report each bill.
1020     (c)  Each report by a council, committee, or subcommittee
1021shall set forth the identifying number of the bill, and, if a
1022council or committee substitute is proposed by the council,
1023committee, or subcommittee, the words "with council or committee
1024substitute" or, in the case of Senate bills, if one or more
1025amendments are proposed by the council, committee, or
1026subcommittee, the words "with (number of) amendment(s)" shall
1027follow the identifying number. For the purpose of documentation,
1028councils, committees, and subcommittees shall retain copies of
1029their reports and amendments adopted, rejected, or withdrawn,
1030with the council, committee, or subcommittee action noted
1031thereon.
1032     (d)  Councils, committees, and subcommittees shall report
1033their actions promptly, in the manner prescribed by these rules.
1034
10357.20--Minority Reports
1036Minority reports on any matter may be published in the Journal
1037only by a majority vote of the House.
1038
10397.21--Fiscal Analysis
1040     (a)  All general bills affecting revenues, expenditures, or
1041fiscal liability shall be accompanied by a fiscal analysis upon
1042being reported favorably by a standing fiscal committee.
1043     (b)  If any bill with a fiscal impact is reported favorably
1044by any standing fiscal committee without a fiscal analysis having
1045been prepared, it shall be the right of any member to raise a
1046point of order on second reading and the Speaker may order the
1047bill recommitted to the Fiscal Council.
1048     (c)  Fiscal analyses shall state in dollars the estimated
1049increase or decrease in revenues or expenditures and the present
1050and future fiscal implication of the bill. A fiscal analysis
1051shall be regarded as a memorandum of factual information and may
1052be included within the body of the bill analysis that accompanies
1053the bill, which statement shall be made available to members.
1054     (d)  The fiscal analysis portion of the bill analysis shall
1055not express comment or opinion relative to the merits of the
1056legislation proposed, but should point out technical or
1057mechanical defects.
1058     (e)  The accuracy of a fiscal analysis shall not be a basis
1059for a point of order under these rules. A fiscal analysis
1060prepared for a House bill may be presumed as prepared also for
1061its Senate companion.
1062
10637.22--Council, Committee, and Subcommittee Amendments
1064     (a)  Councils, committees, and subcommittees may only
1065consider amendments presented in final written form prior to
1066adoption.
1067     (b)  Any member may offer an amendment to a bill being
1068considered by any council, committee, or subcommittee of the
1069House and shall be recognized to introduce and close on the
1070amendment. If not appointed to the council, committee, or
1071subcommittee, a member who offers an amendment must comply with
1072the amendment filing deadline and must be present at the meeting.
1073If such member is not present, the amendment may be considered
1074only if taken up and offered by a member who is appointed to the
1075council, committee, or subcommittee.
1076     (c)  During the first 45 calendar days of a regular session,
1077the filing deadline for amendments to be offered in a council,
1078committee, or subcommittee by non-appointed members shall be 5
1079p.m., 1 day (excluding Saturday and Sunday) in advance of the
1080council, committee, or subcommittee meeting. After the 45th day
1081and during any extended session, such amendments shall be filed 2
1082hours before the council, committee, or subcommittee meeting.
1083Amendments introduced by council, committee, or subcommittee
1084members, including ex officio members, shall not be subject to
1085these filing deadlines and may be offered at any time during
1086consideration of a bill.
1087     (d)  Councils and committees shall propose revisions to
1088House bills only in the form of a single amendment. The amendment
1089shall be made up of the text of the bill with recommended changes
1090engrossed. Such a measure shall be known as a council or
1091committee substitute and shall be treated as the bill. A council
1092or committee of later reference shall address itself for purposes
1093of amendment to the most recently adopted council or committee
1094substitute, if one accompanies the pending measure. An earlier
1095council or committee substitute shall be laid on the table upon
1096adoption of a council or committee substitute by a later council
1097or committee of reference.
1098
10997.23--Council and Committee Information Records; Designation of
1100Committee Bill Cosponsors
1101     (a)  A council, in introducing a House combined bill, shall
1102submit a Council Information Record; and a committee, in
1103introducing a committee bill or a House combined bill, shall
1104submit a Committee Information Record.
1105     (b)  In introducing a committee bill, the Chair shall
1106designate a member of the committee as cosponsor, with the
1107approval of such member, and may designate other members of the
1108committee as cosponsors, with their approval.
1109
1110Part Three--Conference Committees
1111
11127.24--Conference Committee Meetings; Procedures
1113     (a)  Meetings of conference committees shall be open to the
1114public at all times, subject to the authority of the Chair to
1115maintain order and decorum. Once appointed, the conference
1116committee shall determine its procedures.
1117     (b)  The Chair of any conference committee shall give notice
1118at least 2 hours prior to the meeting and after the 50th day of a
1119regular session or during any extended or special session 1
1120hour's notice of intention to meet.
1121
11227.25--Composition of Conference Committee
1123     (a)  A conference committee shall consist of managers from
1124each house. The Speaker shall appoint the House managers of all
1125conference committees. The Speaker shall determine the number as
1126need appears and shall appoint no less than a majority who
1127generally supported the House position as determined by the
1128Speaker. In addition, the Speaker shall name the House Chair of
1129each conference committee and may also name the House Vice Chair.
1130The Speaker shall give notice of such appointments in writing to
1131the Clerk for publication in the Journal.
1132     (b)  The conference committee shall select one of its
1133members to preside. A conference committee report shall require
1134the affirmative votes of a majority of the managers from each
1135house.
1136
11377.26--Presentation of Conference Committee Report
1138     (a)  The receiving of conference committee reports shall
1139always be in order, except when the House is voting on any
1140proposition. When a conference committee report is presented to
1141the House, the sequence shall be:
1142     (1)  The vote first shall be on whether the report shall be
1143considered at that time.
1144     (2)  The next vote shall be on acceptance or rejection of
1145the report in its entirety. The report must be acted upon as a
1146whole, being agreed to or disagreed to in its entirety.
1147     (3)  The final vote shall be a roll call on the passage of
1148the bill as amended by the report.
1149     (b)  If either paragraph (a)(2) or paragraph (a)(3) fails,
1150the report shall be automatically recommitted to the conference
1151committee. If a motion to reconsider is made, the vote first
1152would be on paragraph (a)(2) and then on paragraph (a)(3).
1153
11547.27--Form of Conference Committee Report
1155     (a)  When a conference committee has redrafted a bill, the
1156committee shall report an amendment removing everything after the
1157enacting clause, together with an appropriate title amendment if
1158needed.
1159     (b)  Each conference committee report must be accompanied by
1160a statement, written or oral, to inform the House of the effect
1161of the report on the measure to which it relates.
1162
11637.28--Time Restraints on Conference Committees
1164     (a)  During the first 54 calendar days of a regular session,
1165it shall be a motion of highest privilege either to discharge the
1166House managers and appoint new House managers or to instruct the
1167House managers after House and Senate managers have been
1168appointed for 7 calendar days and have failed to report.
1169     (b)  During the last 6 calendar days of a regular session,
1170it shall be a motion of highest privilege either to discharge the
1171House managers and appoint new House managers or to instruct the
1172House managers after House and Senate managers have been
1173appointed for 36 hours and have failed to report.
1174
11757.29--When Managers Are Unable to Agree
1176When a conference committee is appointed in reference to any bill
1177and the House managers report inability to agree, no action of
1178the House taken prior to such appointment shall preclude further
1179action by the House as the House may determine.
1180
1181Part Four--Oversight Powers and Responsibilities
1182
11837.30--Oversight Powers and Responsibilities of Councils,
1184Committees, and Subcommittees
1185     (a)  Councils, committees, and subcommittees are authorized:
1186     (1)  To maintain a continuous review of the work of the
1187state agencies concerned with their subject areas and the
1188performance of the functions of government within each subject
1189area;
1190     (2)  To invite public officials, public employees, and
1191private individuals to appear before the councils, committees, or
1192subcommittees to submit information;
1193     (3)  To request reports from departments performing
1194functions reasonably related to the committees' jurisdictions;
1195     (4)  To complete the interim projects assigned by the
1196Speaker; and
1197     (5)  To conduct such other business as directed by the
1198Speaker.
1199     (b)  In order to carry out its duties, each council,
1200committee, or subcommittee has the reasonable right and authority
1201to inspect and investigate the books, records, papers, documents,
1202data, operation, and physical plant of any public agency in this
1203state.
1204     (c)  In order to carry out the duties of the council,
1205committee, or subcommittee, the Chair of the council or committee
1206may issue subpoenas duces tecum, as provided in Rule 16.1, and
1207other necessary process to compel the attendance of witnesses
1208either before the council, committee, or subcommittee or at
1209deposition and the production of any books, letters, or other
1210documentary evidence required by such council or committee. Any
1211member of a council, committee, or subcommittee may administer
1212all oaths and affirmations.
1213
1214
RULE EIGHT
1215
DEBATE AND CHAMBER PROTOCOL
1216
1217Part One--Privilege of the Floor
1218
12198.1--Privilege of the Floor
1220     (a)  Only present members of the House and of the Senate,
1221and contestants in election cases during the pendency of their
1222cases in the House, shall be admitted during regular daily
1223sessions to the Chamber of the House.
1224     (b)  The Governor, the Lieutenant Governor, Cabinet members,
1225Justices of the Supreme Court, members of Congress, visiting
1226dignitaries, official guests, and former members of the
1227Legislature who are not interested in any claim or directly in
1228any bill pending before the Legislature, may be granted the
1229privilege of the floor by the House.
1230     (c)  House employees may be admitted to the Chamber as
1231determined by the Speaker.
1232     (d)  Persons granted the privilege of the floor may not
1233lobby the members while the House is in session, unless by motion
1234granted leave to address the House.
1235     (e)  When the House is in session, all persons in the House
1236Chamber shall be dressed in proper business attire.
1237
1238Part Two--Speaking
1239
12408.2--Addressing the House; Requirements to Spread Remarks Upon
1241the Journal
1242     (a)  When a member desires to speak or deliver any matter to
1243the House, the member shall rise and respectfully address the
1244Speaker as "Mr. (or Madam) Speaker" and shall confine all remarks
1245to the question under debate, avoiding personalities. Once
1246recognized, a member may speak from the member's desk or may,
1247with the Speaker's permission, speak from the well.
1248     (b)  Any motion to spread remarks upon the Journal, except
1249those of the Governor or the Speaker, shall be referred to the
1250Chair of the Rules & Calendar Council for recommendation before
1251being put to the House.
1252
12538.3--When Two Members Rise at Once
1254When two or more members rise at once, the Speaker shall name the
1255one who is to speak first. This decision shall be final and not
1256open to debate or appeal.
1257
12588.4--Recognition of Members
1259There shall be no appeal from the Speaker's recognition, but the
1260Speaker shall be governed by the rules and usage in priority of
1261entertaining motions from the floor. When a member seeks
1262recognition, the Speaker may ask, "For what purpose does the
1263member rise?" or "For what purpose does the member seek
1264recognition?"
1265
12668.5--Recognition of Gallery Visitors and Physician of the Day
1267On written request by a member, on a form prescribed by the
1268Clerk, the Speaker may recognize or permit the member to
1269recognize any person or persons in the gallery. After granting a
1270request for recognition, the Speaker shall afford that
1271recognition at a convenient place in the order of business,
1272considering the need for order and decorum and the need for
1273continuity of debate. At an appropriate time during proceedings
1274on the floor, the Speaker may recognize a Physician of the Day.
1275
1276Part Three--Debate
1277
12788.6--Decorum
1279The members shall attend to the debates unless necessarily
1280prevented, and no member shall stand between the Speaker and a
1281member recognized to speak.
1282
12838.7--Speaking and Debate; Right to Close
1284     (a)  A member may not speak more than once nor occupy more
1285than 15 minutes in debate on any question. A member who has the
1286floor may not be interrupted by another member for any purpose,
1287save the privilege of the House, unless he or she consents to
1288yield to the other member. A member desiring to interrupt another
1289in debate should first address the Speaker for the permission of
1290the member speaking. The Speaker shall then ask the member who
1291has the floor if he or she wishes to yield, and then announce the
1292decision of that member. Whether to yield shall be entirely
1293within the speaking member's discretion; however, this subsection
1294shall not deprive the first-named sponsor or mover of the right
1295to close when the effect of an amendment or motion would be to
1296kill the bill, amendment, or motion.
1297     (b)  Debate may not be disguised in the form of a question.
1298
12998.8--Right to Open and Close Debate
1300The member presenting a motion shall have the right to open and
1301close the debate, and for this purpose may speak each time up to
130210 minutes, unless otherwise limited by majority vote of the
1303House, notwithstanding the limitation in Rule 8.7(a).
1304
1305Part Four--Materials and Meals in Chamber
1306
13078.9--Distribution of Materials in Chamber; Meals in Chamber
1308     (a)  The following constitutes policy regarding material
1309distributed to the general membership through the Sergeant at
1310Arms' Office and pages:
1311     (1)  All material prior to such distribution must be
1312approved by the Chair of the Rules & Calendar Council.
1313     (2)  The following official materials are approved: House
1314and Senate bills, resolutions, memorials, and amendments thereto,
1315and official calendars and journals; council, committee, and
1316subcommittee meeting notices; communications from the Speaker and
1317Clerk and official communications from the Senate; and official
1318staff reports of councils or standing or select committees or of
1319the majority or minority parties.
1320     (b)  Meals will not be allowed on the floor without
1321concurrence of a majority vote. This shall not be construed to
1322prevent the serving of drinks such as juices, coffee, tea, soft
1323drinks, milk, and the like.
1324
1325Part Five--Miscellaneous Papers
1326
13278.10--Miscellaneous Papers
1328Papers of a miscellaneous nature addressed to the House may, at
1329the discretion of the Speaker, be read, noted in the Journal, or
1330filed with the appropriate committee. When the reading of a paper
1331other than one upon which the House is called to give a final
1332vote is demanded, and such reading is objected to by any member,
1333it shall be determined without debate by the House by a majority
1334vote.
1335
1336
RULE NINE
1337
VOTING
1338
13399.1--Members Shall Vote
1340Every member shall be within the House Chamber during its
1341sittings, unless excused or necessarily prevented, and shall vote
1342on each question put.
1343
13449.2--Taking the Yeas and Nays
1345The Speaker shall declare all votes, but if any member rises to
1346doubt a vote, upon a showing of hands by five members, the
1347Speaker shall take the sense of the House by oral or electronic
1348roll call. When taking the yeas and nays on any question, the
1349electronic roll-call system may be used and when so used shall
1350have the force and effect of a roll call taken as provided in
1351these rules. This system likewise may be used to determine the
1352presence of a quorum. When the House is ready to vote upon a
1353question requiring roll call, and the vote is by electronic roll
1354call, the Speaker shall say, "The question now recurs on
1355(designating the matter to be voted upon). The Clerk will unlock
1356the machine and the House will proceed to vote." When sufficient
1357time has elapsed for each member to vote, the Speaker shall ask,
1358"Have all members voted?" After a short pause the Speaker shall
1359say, "The Clerk will lock the machine and record the vote." When
1360the vote is completely recorded, the Speaker shall announce the
1361result to the House, and the Clerk shall record the action upon
1362the Journal.
1363
13649.3--Vote of the Speaker or Temporary Presiding Officer
1365The Speaker or temporary presiding officer is not required to
1366vote in legislative proceedings other than on final passage of a
1367bill, except when the Speaker's or temporary presiding officer's
1368vote would be decisive. In all yea and nay votes, the Speaker's
1369or temporary presiding officer's name shall be called last. With
1370respect to voting, the Speaker or temporary presiding officer is
1371subject to the same disqualification and disclosure requirements
1372as any other member.
1373
13749.4--Votes After Roll Call; Finality of a Roll Call Vote
1375     (a)  After the result of a roll call has been announced, a
1376member may submit to the Clerk an indication of how the member
1377would have voted or would have voted differently. The Clerk shall
1378provide forms for the recording of these actions. When timely
1379made, these requests shall be shown beneath the roll call in the
1380Journal. Otherwise, the request shall be shown separately in the
1381Journal.
1382     (b)  In no instance, other than by reason of an electronic
1383or mechanical malfunction, shall the result of a voting machine
1384roll call on any question be changed.
1385
13869.5--No Member to Vote for Another Except by Request
1387     (a)  No member may vote for another member except at the
1388other member's specific request when absent from his or her seat
1389but present elsewhere in the Chamber, nor may any person who is
1390not a member cast a vote for a member.
1391     (b)  In no case shall a member vote for another on a quorum
1392call.
1393     (c)  Any member who votes or attempts to vote for another
1394member in violation of this rule may be disciplined in such a
1395manner as the House may deem proper.
1396     (d)  Any person who is not a member and who votes in the
1397place of a member shall be subject to such discipline as the
1398House may deem proper.
1399
14009.6--Explanation of Vote
1401A member may not explain his or her vote during a roll call, but
1402may reduce his or her explanation to writing, in not more than
1403200 words in an electronic format. Upon being filed with the
1404Clerk, this explanation shall be spread upon the Journal.
1405
1406
RULE TEN
1407
ORDER OF BUSINESS AND CALENDARS
1408
1409Part One--Order of Business
1410
141110.1--Daily Sessions
1412The House shall meet each legislative day at 9 a.m. or as stated
1413in the motion adjourning the House on the prior legislative day
1414on which the House met.
1415
141610.2--Daily Order of Business
1417     (a)  When the House convenes on a new legislative day, the
1418daily 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
1436Introduction and Reference shall be called for immediately
1437following the order of business of Correction of the Journal.
1438     (c)  Within each order of business, matters shall be
1439considered in the order in which they appear on the daily printed
1440Calendar.
1441     (d)  After the 45th day of a regular session, by a majority
1442vote, the House may, on motion of the Chair or Vice Chair of the
1443Rules & Calendar Council, move to Communications, Messages from
1444the Senate, Bills and Joint Resolutions on Third Reading, or
1445Special Orders. The motion may provide which matter on such order
1446of business may be considered.
1447
144810.3--Chaplain to Offer Prayer
1449A chaplain shall attend at the beginning of each day's sitting of
1450the House and open the same with prayer. In the absence of a
1451chaplain, the Speaker may designate someone else to offer prayer.
1452
145310.4--Quorum
1454A majority of the membership of the House shall constitute a
1455quorum to conduct business.
1456
145710.5--Consideration of Senate Messages: Generally
1458Senate messages may be considered by the House at the time and in
1459the order determined by the Speaker.
1460
1461Part Two--Readings
1462
146310.6--"Reading" Defined
1464"Reading" means the stage of consideration of a bill, resolution,
1465or memorial after reading of a portion of the title sufficient
1466for identification, as determined by the Speaker.
1467
146810.7--Reading of Bills and Joint Resolutions
1469Each bill and each joint resolution shall be read on 3 separate
1470days prior to a vote upon final passage unless this rule is
1471waived by a two-thirds vote, provided the publication of a bill
1472or joint resolution by its title in the Journal shall satisfy the
1473requirements of first reading.
1474
147510.8--Reading of Concurrent Resolutions and Memorials
1476Concurrent resolutions and memorials shall be read on 2 separate
1477days prior to a voice vote upon adoption, except that concurrent
1478resolutions extending a legislative session or involving other
1479procedural legislative matters may be read twice without motion
1480on the same legislative day.
1481
148210.9--Reading of House Resolutions
1483     (a)  A House resolution shall receive two readings by title
1484only prior to a voice vote upon adoption.
1485     (b)  Ceremonial resolutions may be shown as read and adopted
1486by publication in full in the Journal in accordance with Rule
148710.16.
1488
148910.10--Measures on Third Reading
1490     (a)  Bills on third reading shall be taken up in the order
1491in which the House concluded action on them on second reading.
1492     (b)  Before any bill shall be read the third time, whether
1493amended or not, it shall be referred without motion to the
1494Engrossing Clerk for examination and, if amended, the engrossing
1495of amendments. In the case of any Senate bill amended in the
1496House, the amendment adopted shall be reproduced and attached to
1497the bill amended in such manner that it will not be lost
1498therefrom.
1499     (c)  A bill shall be deemed on its third reading when it has
1500been read a second time on a previous day and has no motion left
1501pending.
1502
1503Part Three--Calendars
1504
150510.11--Special Order Calendar
1506     (a)  REGULAR SESSION
1507     (1)  The Rules & Calendar Council shall periodically submit,
1508as needed, a Special Order Calendar determining the sequence for
1509consideration of legislation. The Special Order Calendar may
1510include bills on second reading, bills on unfinished business,
1511resolutions, and specific sections for local bills, trust fund
1512bills, and bills to be taken up at a time certain. Upon adoption
1513of a Special Order Calendar, no other bills shall be considered
1514for the time period set forth for that Special Order Calendar,
1515except that any bill appearing on that Special Order Calendar may
1516be stricken from it by a majority vote or any bill may be added
1517to it pursuant to Rule 10.12. A previously adopted Special Order
1518Calendar shall expire upon adoption by the House of a new Special
1519Order Calendar.
1520     (2)  Any council, committee, or member may apply in writing
1521to the Chair of the Rules & Calendar Council to place a bill on
1522the Special Order Calendar. The Rules & Calendar Council may
1523grant such requests by a majority vote.
1524     (3)  During the regular session, the Special Order Calendar
1525shall be published in two Calendars of the House, and it may be
1526taken up on the day of the second published Calendar. After the
152755th day of the regular session, the Special Order Calendar shall
1528be published in one Calendar of the House and may be taken up on
1529the day the Calendar is published.
1530     (b)  EXTENDED OR SPECIAL SESSION
1531     (1)  If the Legislature extends a legislative session, all
1532bills on the Calendar of the House at the time of expiration of
1533the regular session shall be placed in the Rules & Calendar
1534Council.
1535     (2)  During any extended or special session, all bills upon
1536being reported favorably by the last council or committee of
1537reference shall be placed in the Rules & Calendar Council.
1538     (3)  During any extended or special session, the Rules &
1539Calendar Council shall establish a Special Order Calendar and
1540only those bills on such Special Order Calendar shall be placed
1541on the Calendar of the House.
1542     (4)  During any extended or special session, the Special
1543Order Calendar shall be published in one Calendar of the House
1544and may be taken up on the day the Calendar is published.
1545
154610.12--Consideration of Bills Not on Special Order
1547A bill not included on the Special Order Calendar may be
1548considered by the House upon a two-thirds vote.
1549
155010.13--Consent Calendar
1551The Rules & Calendar Council may submit Consent Calendar
1552procedures to expedite the consideration of non-controversial
1553legislation.
1554
155510.14--Requirements for Placement on Special Order
1556No measure may be placed on a Special Order Calendar until it has
1557been reported favorably by each council and committee of
1558reference and is available for consideration on the floor.
1559
156010.15--Informal Deferral of Bills
1561Whenever the member who introduced a bill, the first-named member
1562sponsor of a committee bill, or the lead sponsor of a House
1563combined bill is absent from the Chamber when the bill has been
1564reached in the regular order on second or third reading,
1565consideration shall be informally deferred until such member's
1566return, unless another member consents to offer the bill on
1567behalf of the original member. The bill shall retain its position
1568on the Calendar of the House during the same legislative day. The
1569member shall have the responsibility of making the motion for its
1570subsequent consideration.
1571
1572Part Four--Ceremonial Resolutions
1573
157410.16--Ceremonial Resolutions Published in Journal
1575Upon approval of the Chair of the Rules & Calendar Council, a
1576ceremonial resolution may be shown as read and adopted by
1577publication in full in the Journal. The Rules & Calendar Council
1578shall distribute a list of such resolutions 1 day (excluding
1579Saturday and Sunday) prior to the day of their publication,
1580during which time any member may file an objection with the Rules
1581& Calendar Council to any resolution listed. Each resolution for
1582which an objection has been filed shall be removed from the list
1583and placed on the Calendar of the House. All resolutions without
1584objections shall be printed on the next legislative day in the
1585Journal and considered adopted by the House.
1586
1587Part Five--Procedural Limitations in Final Week
1588
158910.17--Consideration Limits to Bills After Day 55
1590After the 55th calendar day of a regular session, no House bills
1591on second reading may be taken up and considered by the House.
1592
159310.18--Consideration Limits After Day 58
1594After the 58th calendar day of a regular session, the House may
1595consider only:
1596     (a)  Senate messages
1597     (b)  Conference reports
1598     (c)  Concurrent resolutions.
1599
1600
RULE ELEVEN
1601
MOTIONS
1602
160311.1--Motions; How Made
1604Every motion shall be made orally, except when requested by the
1605Speaker to be reduced to writing.
1606
160711.2--Precedence of Motions During Debate
1608     (a)  When a question is under debate, the Speaker shall
1609receive 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
1623order given.
1624
162511.3--Questions of Order Decided Without Debate
1626All procedural questions of order, arising after a motion is made
1627for any of the motions named in Rule 11.2 and pending that
1628motion, shall be decided by the Speaker without debate, whether
1629on appeal or otherwise; however, the Speaker may ask the House
1630for comment.
1631
163211.4--Division of Question
1633Any member may call for a division of a question when the sense
1634will admit of it. A motion to remove and insert shall be deemed
1635indivisible. A motion to remove, being lost, shall preclude
1636neither amendment nor a motion to remove and insert.
1637
163811.5--Motion to Recess to a Time Certain
1639A motion to recess to a time certain shall be treated the same as
1640a motion to adjourn, except that the motion is debatable when no
1641business is before the House and can be amended as to the time to
1642recess and duration of the recess. It yields only to a motion to
1643adjourn.
1644
164511.6--Motion to Lay on the Table
1646A motion to lay on the table is not debatable and cannot be
1647amended; however, before the motion is put, the first-named
1648sponsor of a bill or the mover of a debatable motion shall be
1649allowed 5 minutes within which to discuss the same and may divide
1650the time with, or waive this right in favor of, some other
1651member. A motion to table a main question requires a majority
1652vote. A motion to lay an amendment on the table, if adopted, does
1653not carry with it the measure to which it adheres. A motion to
1654lay an amendment on the table may be adopted by a majority vote.
1655
165611.7--Motion to Reconsider; Immediate Certification of Bills
1657     (a)  When a motion or main question has been made and
1658carried or lost, it shall be in order at any time as a matter of
1659right on the same or succeeding legislative day for a member
1660voting with the prevailing side, or for any member in the case of
1661a voice or tie vote, to move for reconsideration thereof.
1662     (b)  When a majority of members vote in the affirmative but
1663the proposition is lost because it is one in which the
1664concurrence of a greater number than a majority is necessary for
1665adoption or passage, any member may move for a reconsideration.
1666     (c)  The motion to reconsider shall require a majority vote
1667for adoption, and such motion shall not be renewed on any
1668proposition, after once being considered by vote of the House,
1669except by unanimous consent.
1670     (d)  Debate shall be allowed on a motion to reconsider only
1671when the question that it is proposing to reconsider is
1672debatable. When debate upon a motion to reconsider is in order,
1673no member shall speak thereon more than once or for more than 5
1674minutes.
1675     (e)  The adoption of a motion to reconsider a vote upon any
1676secondary matter shall not remove the main subject under
1677consideration from consideration of the House.
1678     (f)  A motion to reconsider a collateral matter must be
1679disposed of at once during the course of the consideration of the
1680main subject to which it is related, and such motion shall be out
1681of order after the House has passed to other business.
1682     (g)  No bill referred or recommitted to a council or
1683committee by a vote of the House shall be brought back into the
1684House on a motion to reconsider.
1685     (h)  The Clerk shall retain possession of all bills and
1686joint resolutions for the period after passage during which
1687reconsideration may be moved, except that local bills, concurrent
1688resolutions, and memorials shall be transmitted to the Senate
1689without delay.
1690     (i)  The adoption of a motion to waive the rules and
1691immediately certify any bill to the Senate shall be construed as
1692releasing the measure from the Clerk's possession for the period
1693of reconsideration.
1694     (j)  Unless otherwise directed by the Speaker, during the
1695last 14 days of a regular session or any extensions thereof and
1696during any special session, all measures acted on by the House
1697shall be transmitted to the Senate without delay.
1698
169911.8--Motion for the Previous Question
1700     (a)  The previous question may be asked and ordered upon any
1701debatable single motion, series of motions, or amendment pending
1702and the effect thereof shall be to conclude all action on the
1703same day. If third reading is reached on another day, the order
1704for the previous question must be renewed on that day.
1705     (b)  The motion for the previous question shall be decided
1706without debate. If the motion prevails, the sponsor of a bill or
1707debatable motion and an opponent shall be allowed 3 minutes each
1708within which to debate the pending question, and each may divide
1709the time with, or waive this right in favor of, some other
1710member. On second reading the final available question is the
1711main amendment; on third reading it is the bill.
1712     (c)  When the motion for the previous question is adopted on
1713a main question, the sense of the House shall be taken without
1714delay on pending amendments and such question in the regular
1715order.
1716     (d)  The motion for the previous question may not be made by
1717the first-named sponsor or mover.
1718
171911.9--Motion to Limit Debate
1720When there is debate by the House, it shall be in order for a
1721member to move to limit debate and such motion shall be decided
1722without debate, except that the first-named sponsor or mover of
1723the question under debate shall have 5 minutes within which to
1724discuss the motion and may divide the allotted time with, or
1725waive it in favor of, some other member. If, by majority vote,
1726the question is decided in the affirmative, debate shall be
1727limited to 10 minutes for each side, unless a greater time is
1728stated in the motion, such time to be apportioned by the Speaker;
1729however, the first-named sponsor or mover shall have an
1730additional 5 minutes within which to close the debate and may
1731divide the allotted time with, or waive it in favor of, some
1732other member.
1733
173411.10--Motion to Temporarily Postpone
1735The motion to temporarily postpone shall be decided without
1736debate and shall cause a measure to be set aside but retained on
1737the desk. If a main question has been temporarily postponed after
1738having been debated or after motions have been applied and is not
1739brought back before the House on the same legislative day, it
1740shall be placed under the order of unfinished business on the
1741Calendar of the House. If a main question is temporarily
1742postponed before debate has commenced or motions have been
1743applied, its reading shall be considered a nullity and the bill
1744shall retain its original position on the order of business. The
1745motion to return to consideration of a temporarily postponed main
1746question shall be made under the proper order of business when no
1747other matter is pending. If applied to a collateral matter, the
1748motion to temporarily postpone shall not cause the main question
1749to be carried with it. After having been temporarily postponed,
1750if a collateral matter is not brought back before the House in
1751the course of consideration of the adhering or main question, it
1752shall be deemed abandoned.
1753
175411.11--Motions to Withdraw or Refer Bills
1755     (a)  A motion to withdraw a bill from council or committee
1756shall require a two-thirds vote.
1757     (b)  A motion to withdraw a bill from subcommittee shall
1758require a majority vote of the parent committee and may be made
1759any time prior to a report having been voted in the subcommittee.
1760     (c)  Any member may, no later than under the order of
1761business of Motions Relating to Council and Committee References
1762on the legislative day following reference of a bill, move for
1763reference from one council or committee to a different council or
1764committee, which shall be decided by a majority vote.
1765     (d)  A motion to refer a bill from one council or committee
1766to another council or committee other than as provided in
1767subsection (c) may be made during the regular order of business
1768and shall require a two-thirds vote.
1769     (e)  A motion to refer a bill to an additional committee may
1770be made during the regular order of business and shall require a
1771two-thirds vote.
1772     (f)  A motion to refer shall be debated only as to the
1773propriety of the reference.
1774     (g)  A motion to withdraw a bill from further consideration
1775of the House shall require a two-thirds vote.
1776     (1)  The Chair or Vice Chair of the Rules & Calendar
1777Council, at the request of the first-named member sponsor, may
1778move for the withdrawal of a bill from further consideration.
1779     (2)  The first-named member sponsor of a bill may, prior to
1780its introduction, withdraw the bill by letter to the Clerk.
1781     (3)  In moving for the withdrawal of a bill from further
1782consideration by floor motion, the introducer shall be required
1783to identify the nature of the bill.
1784
178511.12--Motion to Recommit
1786     (a)  After a council or committee reports favorably on a
1787bill, the bill may be recommitted by the House to a council or
1788committee by a majority vote.
1789     (b)  A motion to recommit to council or committee a bill
1790that is before the House may be made during the regular order of
1791business. The motion shall be debatable only as to the propriety
1792of that reference and shall require an affirmative majority vote.
1793     (c)  If a bill on third reading is recommitted to a council
1794or committee and the council or committee reports the bill
1795favorably with council or committee substitute or with one or
1796more amendments, the bill shall return to second reading.
1797     (d)  Recommitment of a House bill shall automatically carry
1798with it a Senate companion bill then on the Calendar of the
1799House.
1800
180111.13--Dilatory Motions
1802Dilatory or delaying motions shall not be in order as determined
1803by the Speaker.
1804
180511.14--Withdrawal of Motions
1806The mover of a motion may withdraw the motion at any time before
1807it has been amended or a vote on it has commenced.
1808
1809
RULE TWELVE
1810
AMENDMENTS
1811
181212.1--Form
1813Floor amendments and council and committee substitutes shall be
1814prepared by the House Bill Drafting Service and filed with the
1815Clerk.
1816
181712.2--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
1820the Clerk by 2 p.m. of the first day a bill appears on the
1821Special Order Calendar in the Calendar of the House; and
1822     (2)  Amendments to main floor amendments and substitute
1823amendments for main floor amendments must be approved for filing
1824by 5 p.m. of the same day.
1825     (b)  After the 55th day of a regular session and during any
1826extended or special session:
1827     (1)  Main floor amendments must be approved for filing with
1828the Clerk not later than 2 hours before session is scheduled to
1829convene on the day a bill appears on the Special Order Calendar
1830in the Calendar of the House; and
1831     (2)  Amendments to main floor amendments and substitute
1832amendments for main floor amendments must be approved for filing
1833not later than 1 hour after the main floor amendment deadline.
1834     (c)  A late-filed floor amendment may be taken up for
1835consideration only upon motion adopted by a two-thirds vote.
1836
183712.3--Presentation and Consideration
1838     (a)  Amendments shall be taken up only as sponsors gain
1839recognition from the Speaker to move their adoption, except that
1840the Chair of the council or committee (or any member thereof
1841designated by the Chair) reporting the measure under
1842consideration shall have preference for the presentation of
1843council or committee amendments to Senate bills.
1844     (b)  If a council or committee substitute accompanies a
1845bill, it shall be considered as the original bill for purposes of
1846further amendment. Floor amendments shall be drawn to the council
1847or committee substitute.
1848     (c)  An amendment to a pending main amendment may be
1849received, but until it is disposed of no other motion to amend
1850will be in order except a substitute amendment or an amendment to
1851the substitute. Such amendments are to be disposed of in the
1852following order:
1853     (1)  Amendments to the amendment are voted on before the
1854substitute is taken up. Only one amendment to the amendment is in
1855order 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
1858substitute amendment in lieu of an original amendment shall be
1859treated 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
1864preclude further amendment of that section. If a bill is being
1865considered section by section or item by item, only amendments to
1866the section or item under consideration shall be in order.
1867     (e)  For the purpose of this rule, an amendment shall be
1868deemed pending only after its proposer has been recognized by the
1869Speaker and has moved its adoption.
1870     (f)  Reviser's bills may be amended only by making
1871deletions.
1872
187312.4--Second and Third Reading; Vote Required on Third Reading
1874     (a)  A motion to amend is in order during the second or
1875third reading of any bill.
1876     (b)  Amendments proposed on third reading shall require a
1877two-thirds vote for adoption, except that technical amendments
1878introduced in the name of the Rules & Calendar Council shall
1879require a majority vote for adoption.
1880     (c)  A motion for reconsideration of an amendment on third
1881reading requires a two-thirds vote for adoption.
1882
188312.5--Amendment of General Appropriations Bill
1884Whenever an amendment is offered to a general appropriations bill
1885that would increase any line item of such bill, such amendment
1886shall show the amount by line item of the increase and shall,
1887from within the jurisdiction of the same standing fiscal
1888committee, decrease a line item or items in an amount or amounts
1889equivalent to or greater than the increase required by the
1890amendment.
1891
189212.6--Consideration of Senate Amendments
1893     (a)  After the reading of a Senate amendment to a House
1894bill, the following motions shall be in order and shall be
1895privileged 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
1900appoint a conference committee to meet with a like committee
1901appointed by the Speaker.
1902     (b)  If the Senate refuses to concur in a House amendment to
1903a Senate bill, the following motions shall be in order and shall
1904be privileged in the order named:
1905     (1)  That the House recede
1906     (2)  That the House insist and ask for a conference
1907committee
1908     (3)  That the House insist.
1909     (c)  The Speaker may, upon determining that a Senate
1910amendment substantially changes the bill as passed by the House,
1911refer the Senate message, with the bill and Senate amendment or
1912amendments, to the appropriate House council or committee for
1913review and report to the House. The Speaker, upon such reference,
1914shall announce the date and time for the council or committee to
1915meet. The council or committee shall report to the House the
1916recommendation for disposition of the Senate amendment or
1917amendments under one of the four options presented in subsection
1918(a). The report shall be furnished to the Clerk and to the House,
1919in writing, by the Chair of the reporting council or committee.
1920
192112.7--Motion to Amend by Removing Enacting or Resolving Clause
1922An amendment to remove the enacting clause of a bill or the
1923resolving clause of a resolution or memorial shall, if carried,
1924be considered as equivalent to rejection of the bill, resolution,
1925or memorial by the House.
1926
192712.8--Germanity of House Amendments
1928     (a)  GERMANITY
1929     (1)  Neither the House nor any council, committee, or
1930subcommittee shall consider an amendment that relates to a
1931different subject or is intended to accomplish a different
1932purpose than that of the pending question or that, if adopted,
1933would require a title amendment for the bill that is
1934substantially different from the bill's original title or that
1935would unreasonably alter the nature of the bill.
1936     (2)  The Speaker, or the Chair in the case of an amendment
1937offered in council, committee, or subcommittee, shall determine
1938the germanity of any amendment when the question is timely
1939raised.
1940     (3)  An amendment of the second degree or a substitute
1941amendment must be germane to both the main amendment and the
1942measure to which it adheres.
1943     (b)  AMENDMENTS THAT ARE NOT GERMANE. House amendments that
1944are not germane include:
1945     (1)  A general proposition amending a specific proposition
1946     (2)  An amendment amending a statute or session law when the
1947purpose of the bill is limited to repealing such law, or an
1948amendment repealing a statute or session law when the purpose of
1949the bill is limited to amending such law
1950     (3)  An amendment that substantially expands the scope of
1951the bill
1952     (4)  An amendment to a bill when legislative action on that
1953bill is by law or these rules limited to passage, concurrence, or
1954non-concurrence as introduced.
1955     (c)  AMENDMENTS THAT ARE GERMANE. Amendments that are
1956germane include:
1957     (1)  A specific provision amending a general provision
1958     (2)  An amendment that accomplishes the same purpose in a
1959different manner
1960     (3)  An amendment limiting the scope of the proposal
1961     (4)  An amendment providing appropriations necessary to
1962fulfill the original intent of a proposal
1963     (5)  An amendment that changes the effective date of a
1964repeal, reduces the scope of a repeal, or adds a short-term
1965nonstatutory transitional provision to facilitate repeal.
1966     (d)  WAIVER OF RULE. Waiver of this rule shall require
1967unanimous consent of the House.
1968
196912.9--Amendments Out of Order
1970An amendment is out of order if it is the principal substance of
1971a 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
1975of reference
1976
1977and may not be offered to a bill on the Calendar and under
1978consideration by the House. Any amendment that is substantially
1979the same, and identical as to specific intent and purpose, as the
1980measure residing in the council or committee(s) of reference is
1981covered by this rule.
1982
198312.10--Printing of Amendments in Journal
1984All amendments taken up, unless withdrawn, shall be printed in
1985the Journal, except that an amendment to a general appropriations
1986bill constituting an entirely new bill shall not be printed
1987except upon consideration of the conference committee report.
1988
1989
RULE THIRTEEN
1990
RULES
1991
199213.1--Initial Adoption of Rules of the House
1993The initial adoption of the Rules of the House shall require a
1994majority vote. Once adopted, the Rules of the House shall remain
1995in effect, unless waived or amended as provided in these rules.
1996
199713.2--Waiver of Rules of the House
1998Any rule of the House, except a rule requiring unanimous consent,
1999may be waived by a two-thirds vote; however, the waiver shall
2000apply only to the matter under immediate consideration and shall
2001not extend beyond adjournment of a legislative day.
2002
200313.3--Amending Rules of the House
2004No rule of the House may be amended except by a report or
2005resolution from the Rules & Calendar Council adopted by the House
2006by a majority vote. A report or resolution of the Rules &
2007Calendar Council proposing amendments to these rules is always in
2008order; however, any amendment of such a report or resolution
2009prior to its adoption requires a two-thirds vote.
2010
201113.4--Parliamentary Authorities
2012In all cases not provided for by the Florida Constitution, the
2013Rules of the House, or the Joint Rules of the Senate and House,
2014the guiding, but nonbinding, authority shall be first the Rulings
2015of the Speaker and then the latest edition of Mason's Manual of
2016Legislative Procedure.
2017
201813.5--Majority Action
2019Unless otherwise indicated by these rules, all action by the
2020House or its councils, committees, or subcommittees shall be by
2021majority vote of those members present and voting. When the body
2022is equally divided, the question is defeated.
2023
202413.6--Extraordinary Action
2025Unless otherwise required by these rules or the Florida
2026Constitution, all extraordinary votes shall be by vote of those
2027members present and voting.
2028
202913.7--"Days" Defined
2030Wherever used in these rules, a "legislative day" means a day
2031when the House convenes and a quorum is present. All other
2032references to a "day" mean a calendar day.
2033
2034
RULE FOURTEEN
2035
MISCELLANEOUS PROVISIONS
2036
2037Part One--Public Records
2038
203914.1--Legislative Records
2040There shall be available for public inspection, whether
2041maintained in Tallahassee or in a district office, the papers and
2042records developed and received in connection with official
2043legislative business, except as provided in section 11.0431,
2044Florida Statutes, or other provision of law. Any person who is
2045denied access to a legislative record and who believes that he or
2046she is wrongfully being denied such access may appeal the
2047decision to deny access to the Speaker.
2048
204914.2--Legislative Records; Maintenance, Control, Destruction,
2050Disposal, and Disposition
2051     (a)  Records that are required to be created by these rules
2052or that are of vital, permanent, or archival value shall be
2053maintained in a safe location that is easily accessible for
2054convenient use. No such record need be maintained if the
2055substance of the record is published or retained in another form
2056or location. Whenever necessary, but no more often than annually
2057or less often than biennially, records required to be maintained
2058may be archived.
2059     (b)  Other records that are no longer needed for any purpose
2060and that do not have sufficient administrative, legal, or fiscal
2061significance to warrant their retention shall be disposed of
2062systematically.
2063     (c)(1)  The council or committee administrative assistant
2064for each existing council or committee shall ensure compliance
2065with this rule for all records created or received by the council
2066or committee or for a former council or committee whose
2067jurisdiction has been assigned to the council or committee.
2068     (2)  The Speaker, the Speaker pro tempore, the Minority
2069Leader, the Majority Leader, and the Sergeant at Arms shall
2070ensure compliance with this rule for all records created or
2071received by their respective offices and their predecessors in
2072office.
2073     (3)  Each member shall ensure compliance with this rule for
2074all records created or received by the member or the member's
2075district office.
2076     (4)  The director of an ancillary House office shall ensure
2077compliance with this rule for all records created or received by
2078the director's office.
2079     (5)  The Clerk shall ensure compliance with this rule for
2080all other records created or received by the House of
2081Representatives.
2082     (d)  If a council, committee, or office is not continued in
2083existence, the records of such council, committee, or office
2084shall be forwarded to the council, committee, or office assuming
2085the jurisdiction or responsibility of the former council,
2086committee, or office, if any. Otherwise, such records shall be
2087forwarded to the Clerk.
2088     (e)  The Clerk shall establish a schedule of reasonable and
2089appropriate fees for copies of legislative records and documents.
2090
2091Part Two--Distribution of Documents; Display of Signs
2092
209314.3--Distribution of Documents
2094Documents required by these rules to be printed or published may
2095be produced and distributed on paper or in electronic form.
2096
209714.4--Display of Signs, Placards, and the Like
2098Signs, placards, or other objects of similar nature shall be
2099permitted in the rooms, lobby, galleries, or Chamber of the House
2100only upon approval of the Chair of the Rules & Calendar Council.
2101
2102Part Three--House Seal
2103
210414.5--House Seal
2105     (a)  REQUIREMENT. There shall be an official seal of the
2106House of Representatives. The seal shall be used only by or on
2107behalf of a member or officer of the House in conjunction with
2108his or her official duties or when specifically authorized in
2109writing by the Chair of the Rules & Calendar Council.
2110     (b)  CONFIGURATION. The seal shall be a circle having in the
2111center thereof a view of the sun's rays over a highland in the
2112distance, a sabal palmetto palm tree, a steamboat on the water,
2113and a Native American female scattering flowers in the
2114foreground, encircled by the words "House of Representatives."
2115     (c)  USE. Unless a written exception is otherwise granted by
2116the Chair of the Rules & Calendar Council:
2117     (1)  Material carrying the official seal shall be used only
2118by a member, officer, or employee of the House or other persons
2119employed or retained by the House.
2120     (2)  The use, printing, publication, or manufacture of the
2121seal, or items or materials bearing the seal or a facsimile of
2122the seal, shall be limited to official business of the House or
2123official legislative business.
2124     (d)  CUSTODIAN. The Clerk shall be the custodian of the
2125official seal.
2126
2127
RULE FIFTEEN
2128
ETHICS AND CONDUCT OF MEMBERS
2129
213015.1--Legislative Ethics and Official Conduct
2131Legislative office is a trust to be performed with integrity in
2132the public interest. A member is respectful of the confidence
2133placed in the member by the other members and by the people. By
2134personal example and by admonition to colleagues whose behavior
2135may threaten the honor of the lawmaking body, the member shall
2136watchfully guard the responsibility of office and the
2137responsibilities and duties placed on the member by the House. To
2138this end, each member shall be accountable to the House for
2139violations of this rule or any provision of the House Code of
2140Conduct contained in Rules 15.1-15.7.
2141
214215.2--The Integrity of the House
2143A member shall respect and comply with the law and shall perform
2144at all times in a manner that promotes public confidence in the
2145integrity and independence of the House and of the Legislature.
2146Each member shall perform at all times in a manner that promotes
2147a professional environment in the House, which shall be free from
2148unlawful employment discrimination.
2149
215015.3--Improper Influence; Solicitation or Acceptance of Campaign
2151Contributions
2152     (a)  A member may not accept anything that reasonably may be
2153construed to improperly influence the member's official act,
2154decision, or vote.
2155     (b)(1)  A member may not directly or indirectly solicit,
2156cause to be solicited, or accept any campaign contribution during
2157the 60-day regular legislative session or any extended or special
2158session on the member's own behalf, on behalf of a political
2159party, any organization described under section 527 or section
2160501(c)(4) of the Internal Revenue Code, a political committee, or
2161a committee of continuous existence, or on behalf of a candidate
2162for the House of Representatives; however, a member may
2163contribute to the member's own campaign.
2164     (2)  Any fundraising activity otherwise prohibited during an
2165extended or special session under paragraph (1) shall not be
2166considered a violation of this rule and may take place if it can
2167be shown that the event was already scheduled prior to the
2168issuance of the proclamation, resolution, or other communiqu?
2169extending the session or convening a special session.
2170     (3)  Any member who directly or indirectly solicits, causes
2171to be solicited, or accepts any contributions to an organization
2172described under section 527 or section 501(c)(4) of the Internal
2173Revenue Code, a political committee, or a committee of continuous
2174existence must immediately disclose such activity to, and
2175register with, the Rules & Calendar Council. Upon registration
2176with the council, the member shall promptly create a public
2177website that contains a mission statement and the names of
2178representatives associated with the organization. All
2179contributions received must be disclosed on the website within 10
2180business days after deposit, together with the name, address, and
2181occupation of the donor. All expenditures made by the
2182organization must be individually disclosed on the website within
218310 business days after being made.
2184
218515.4--Ethics; Conflicting Employment
2186A member shall:
2187     (a)  Scrupulously comply with the requirements of all laws
2188related to the ethics of public officers.
2189     (b)  Not allow personal employment to impair the member's
2190independence of judgment in the exercise of official duties.
2191     (c)  Not directly or indirectly receive or agree to receive
2192any compensation for any services rendered or to be rendered
2193either by the member or any other person when such activity is in
2194substantial conflict with the duties of a member of the House.
2195
219615.5--Use of Official Position
2197A member may not corruptly use or attempt to use the member's
2198official position in a manner contrary to the trust or authority
2199placed in the member, either by the public or by other members,
2200for the purpose of securing a special privilege, benefit, or
2201exemption for the member or for others.
2202
220315.6--Use of Information Obtained by Reason of Official Position
2204A member may engage in business and professional activity in
2205competition with others but may not use or provide to others, for
2206the member's personal gain or benefit or for the personal gain or
2207benefit of any other person or business entity, any information
2208that has been obtained by reason of the member's official
2209capacity as a member and that is unavailable to members of the
2210public as a matter of law.
2211
221215.7--Representation of Another Before a State Agency
2213A member may not personally represent another person or entity
2214for compensation before any state agency other than a judicial
2215tribunal. For the purposes of this rule, "state agency" means any
2216entity of the legislative or executive branch of state government
2217over which the Legislature exercises plenary budgetary and
2218statutory control.
2219
222015.8--Advisory Opinions
2221     (a)  A member, when in doubt about the applicability and
2222interpretation of these rules with respect to legislative ethics
2223and member conduct, may convey the facts of the situation to the
2224House general counsel for an advisory opinion. The general
2225counsel shall issue the opinion within 10 days after receiving
2226the request. The advisory opinion may be relied upon by the
2227member requesting the opinion. Upon request of any member, the
2228committee designated by the Speaker to have responsibility for
2229the ethical conduct of members may revise an advisory opinion
2230rendered by the House general counsel through an advisory opinion
2231issued to the member who requested the opinion.
2232     (b)  An advisory opinion rendered by the House general
2233counsel or the committee shall be numbered, dated, and published.
2234Advisory opinions from the House general counsel or the committee
2235may not identify the member seeking the opinion unless such
2236member so requests.
2237
223815.9--Felony Indictment or Information of a Member
2239     (a)  If an indictment or information for a felony of any
2240jurisdiction is filed against a member of the House, the member
2241indicted or informed against may request the Speaker to excuse
2242the member, without pay, from all privileges of membership of the
2243House pending final adjudication.
2244     (b)  If the indictment or information is either nolle
2245prossed or dismissed, or if the member is found not guilty of the
2246felonies charged, or lesser included felonies, then the member
2247shall be paid all back pay and other benefits retroactive to the
2248date the member was excused.
2249
225015.10--Felony Guilty Plea of a Member
2251A member who enters a plea of guilty or nolo contendere (no
2252contest) to a felony of any jurisdiction may, at the discretion
2253of the Speaker, be suspended immediately, without a hearing and
2254without pay, from all privileges of membership of the House
2255through the remainder of that member's term.
2256
225715.11--Felony Conviction of a Member
2258     (a)  A member convicted of a felony of any jurisdiction may,
2259at the discretion of the Speaker, be suspended immediately,
2260without a hearing and without pay, from all privileges of
2261membership of the House pending appellate action or the end of
2262the member's term, whichever occurs first.
2263     (b)  A member suspended under the provisions of this rule
2264may, within 10 days after such suspension, file a written request
2265for a hearing, setting forth specific reasons contesting the
2266member's suspension. Upon receipt of a written request for a
2267hearing, the Speaker shall appoint a select committee, which
2268shall commence a hearing on the member's suspension within 30
2269days and issue a report to the House within 10 days after the
2270conclusion of the hearing. The report of the select committee
2271shall be final unless the member, within 10 days after the
2272issuance of the report, requests in writing that the Speaker
2273convene the full House to consider the report of the select
2274committee. Upon receipt of a request for such consideration, the
2275Speaker shall timely convene the House for such purpose.
2276     (c)  If the final appellate decision is to sustain the
2277conviction, then the member's suspension shall continue to the
2278end of the member's term. If the final appellate decision is to
2279vacate the conviction and there is a rehearing, the member shall
2280be subject to Rule 15.9. If the final appellate decision is to
2281vacate the conviction and no felony charges remain against the
2282member, the member shall be entitled to restitution of back pay
2283and other benefits retroactive to the date of suspension.
2284
2285
RULE SIXTEEN
2286
PROCEDURES FOR LEGAL PROCEEDINGS
2287
2288Part One--Committees Conducting Legal Proceedings
2289
229016.1--Procedures for Committees Conducting Legal Proceedings
2291     (a)  ISSUANCE OF SUBPOENA
2292     (1)  In order to carry out its duties, each standing or
2293select committee, whenever required, may issue subpoena with the
2294approval of the Speaker and other necessary process to compel the
2295attendance of witnesses before such committee or the taking of a
2296deposition pursuant to these rules. For purposes of this rule,
2297the term "committee" includes any council. The Chair of the
2298committee shall issue such process on behalf of the committee.
2299The Chair or any other member of such committee may administer
2300all oaths and affirmations in the manner prescribed by law to
2301witnesses who shall appear before such committee for the purpose
2302of testifying in any matter about which such committee may
2303require evidence.
2304     (2)  Each standing or select committee, whenever required,
2305may also compel by subpoena duces tecum with the approval of the
2306Speaker the production of any books, letters, or other
2307documentary evidence it may need to examine in reference to any
2308matter before it. The Chair of the standing or select committee
2309shall issue process on behalf of the standing or select
2310committee.
2311     (b)  CONTEMPT PROCEEDINGS
2312     (1)  The House may punish, by fine or imprisonment, any
2313person who is not a member and who is guilty of disorderly or
2314contemptuous conduct in its presence or of a refusal to obey its
2315lawful 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
2318or, having appeared, fails or refuses to testify under oath or
2319affirmation;
2320     b.  Fails or refuses to answer any relevant question or
2321fails or refuses to furnish any relevant book, paper, or other
2322document subpoenaed on behalf of such committee; or
2323     c.  Commits any other act or offense against such committee
2324that, if committed against the Legislature or either house
2325thereof, would constitute contempt.
2326     (3)  A standing or select committee may, by majority vote of
2327all of its members, apply to the House for contempt citation. The
2328application shall be considered as though the alleged contempt
2329had been committed in or against the House itself. If such
2330committee is meeting during the interim, its application shall be
2331made to the circuit court pursuant to subsection (f).
2332     (4)  A person guilty of contempt under this rule shall be
2333fined not more than $500 or imprisoned not more than 90 days or
2334both, or shall be subject to such other punishment as the House
2335may, in the exercise of its inherent powers, impose prior to and
2336in lieu of the imposition of the aforementioned penalty.
2337     (5)  The sheriffs in the several counties shall make such
2338service and execute all process or orders when required by
2339standing or select committees. Sheriffs shall be paid as provided
2340for in section 30.231, Florida Statutes.
2341     (c)  FALSE SWEARING. Whoever willfully affirms or swears
2342falsely in regard to any material matter or thing before any
2343standing or select committee is guilty of perjury in an official
2344proceeding, which is a felony of the third degree and shall be
2345punished as provided in section 775.082, section 775.083, or
2346section 775.084, Florida Statutes.
2347     (d)  RIGHTS OF WITNESSES
2348     (1)  All witnesses summoned before any standing or select
2349committee shall receive reimbursement for travel expenses and per
2350diem at the rates provided in section 112.061, Florida Statutes.
2351However, the fact that such reimbursement is not tendered at the
2352time the subpoena is served shall not excuse the witness from
2353appearing as directed therein.
2354     (2)  Service of a subpoena requiring the attendance of a
2355person at a meeting of a standing or select committee shall be
2356made in the manner provided by law for the service of subpoenas
2357in civil action at least 7 calendar days prior to the date of the
2358meeting unless a shorter period of time is authorized by majority
2359vote of all the members of such committee. If a shorter period of
2360time is authorized, the persons subpoenaed shall be given
2361reasonable notice of the meeting, consistent with the particular
2362circumstances involved.
2363     (3)  Any person who is served with a subpoena to attend a
2364meeting of any standing or select committee also shall be served
2365with a general statement informing the person of the subject
2366matter of such committee's investigation or inquiry and a notice
2367that the person may be accompanied at the meeting by private
2368counsel.
2369     (4)  Upon the request of any party and the approval of a
2370majority of the standing or select committee, the Chair shall
2371instruct all witnesses to leave the meeting room and retire to a
2372designated place. The witness shall be instructed by the Chair
2373not to discuss the testimony of the witness or the testimony of
2374any other person with anyone until the meeting has been adjourned
2375and the witness has been discharged by the Chair. The witness
2376shall be further instructed that if any person discusses or
2377attempts to discuss the matter under investigation with the
2378witness after receiving such instructions, the witness shall
2379bring such matter to the attention of such committee. No member
2380of such committee or representative thereof may discuss any
2381matter or matters pertinent to the subject matter under
2382investigation with any witness to be called before such committee
2383from the time that these instructions are given until the meeting
2384has been adjourned and the witness has been discharged by the
2385Chair. Any person violating this rule shall be in contempt of the
2386Legislature.
2387     (5)  Any standing or select committee taking sworn testimony
2388from witnesses as provided herein shall cause a record to be made
2389of all proceedings in which testimony or other evidence is
2390demanded or adduced, which record shall include rulings of the
2391Chair, questions of such committee and its staff, the testimony
2392or responses of witnesses, sworn written statements submitted to
2393the committee, and such other matters as the committee or its
2394Chair may direct.
2395     (6)  A witness at a meeting, upon advance request and at the
2396witness's own expense, shall be furnished a certified transcript
2397of 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
2400identified during a meeting being conducted for the purpose of
2401taking sworn testimony from witnesses of any standing or select
2402committee and who, in the opinion of such committee, may be
2403adversely affected thereby, may, upon the request of the person
2404or upon the request of any member of such committee, appear
2405personally before such committee and testify on the person's own
2406behalf, or, with such committee's consent, file a sworn written
2407statement of facts or other documentary evidence for
2408incorporation into the record of the meeting. Any such witness,
2409however, shall, prior to filing such statement, consent to answer
2410questions from such committee regarding the contents of the
2411statement.
2412     (2)  Upon the consent of a majority of the members present,
2413a quorum having been established, any standing or select
2414committee may permit any other person to appear and testify at a
2415meeting or submit a sworn written statement of facts or other
2416documentary evidence for incorporation into the record. No
2417request to appear, appearance, or submission shall limit in any
2418way the committee's power of subpoena. Any such witness, however,
2419shall, prior to filing such statement, consent to answer
2420questions from any standing or select committee regarding the
2421contents of the statement.
2422     (f)  ENFORCEMENT OF SUBPOENA OUT OF SESSION. If any witness
2423fails to respond to the lawful subpoena of any standing or select
2424committee at a time when the Legislature is not in session or,
2425having responded, fails to answer all lawful inquiries or to turn
2426over evidence that has been subpoenaed, such committee may file a
2427complaint before any circuit court of the state setting up such
2428failure on the part of the witness. On the filing of such
2429complaint, the court shall take jurisdiction of the witness and
2430the subject matter of the complaint and shall direct the witness
2431to respond to all lawful questions and to produce all documentary
2432evidence in the possession of the witness that is lawfully
2433demanded. The failure of any witness to comply with such order of
2434the court shall constitute a direct and criminal contempt of
2435court, and the court shall punish such witness accordingly.
2436
2437Part Two--Complaints Against Members and Officers of the House
2438
243916.2--Complaints of Violations of the Standards of Conduct by
2440Members and Officers of the House; Procedure
2441     (a)  FILING OF COMPLAINTS. The Chair of the Rules & Calendar
2442Council shall receive and initially review allegations of
2443improper conduct that may reflect upon the House, violations of
2444law, violations of the House Code of Conduct, and violations of
2445the rules and regulations of the House relating to the conduct of
2446individuals in the performance of their duties as members or
2447officers of the House. Complaints of improper conduct against the
2448Chair of the Rules & Calendar Council shall be reviewed and
2449managed by the Speaker or, if designated by the Speaker, the
2450Speaker pro tempore.
2451     (1)  Review of Complaints. The Chair of the Rules & Calendar
2452Council shall review each complaint submitted to the committee
2453relating 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
2456forth in simple, concise statements the following:
2457     1.  The name and legal address of the party filing the
2458complaint (complainant);
2459     2.  The name and position or title of the member or officer
2460of the House (respondent) alleged to be in violation of the House
2461Code of Conduct or a law, rule, regulation, or other standard of
2462conduct;
2463     3.  The nature of the alleged violation, based upon the
2464personal knowledge of the complainant, including, if possible,
2465the specific section of the House Code of Conduct or law, rule,
2466regulation, or other standard of conduct alleged to have been
2467violated; and
2468     4.  The facts alleged to have given rise to the violation.
2469     b.  All documents in the possession of the complainant that
2470are relevant to, and in support of, the allegations shall be
2471attached to the complaint.
2472     (3)  Processing Complaint and Preliminary Findings
2473     a.  Upon the filing of a complaint, the Chair shall, within
24745 working days, notify the member or officer against whom the
2475complaint has been filed and give such person a copy of the
2476complaint. Within 20 days, the Chair shall take the necessary
2477actions as provided in subparagraphs b.-g.
2478     b.  The Chair shall examine each complaint for jurisdiction
2479and for compliance with paragraph (a)(2).
2480     c.  If the Chair determines that a complaint does not comply
2481with such rule, the complaint shall be returned to the
2482complainant with a general statement that the complaint is not in
2483compliance with such rule and with a copy of the rule. A
2484complainant may resubmit a complaint, provided such complaint is
2485resubmitted prior to the expiration of the time limitation set
2486forth in subsection (o).
2487     d.  If the Chair determines that the verified complaint does
2488not allege facts sufficient to constitute a violation of any of
2489the provisions of the House Code of Conduct, or a law, rule,
2490regulation, or other standard of conduct, the Chair shall dismiss
2491the complaint and notify the complainant and the respondent of
2492such action.
2493     e.  If the Chair determines that the complaint is outside
2494the jurisdiction of the House, the Chair shall dismiss the
2495complaint and notify the complainant and the respondent of such
2496action.
2497     f.  If the Chair determines that a violation is inadvertent,
2498technical, or otherwise of a de minimis nature, the Chair may
2499attempt to correct or prevent such a violation by informal means.
2500     g.  If the Chair determines that such a complaint does
2501allege facts sufficient to constitute a violation of any of the
2502provisions of the House Code of Conduct, or a law, rule,
2503regulation, or other standard of conduct, and that the complaint
2504is not de minimis in nature, the Chair shall, within 20 days,
2505transmit a copy of the complaint to the Speaker and, in writing,
2506request the appointment of a Probable Cause Panel or Special
2507Master regarding the complaint. A copy of the letter shall be
2508provided to the complainant and the respondent.
2509     (4)  Withdrawal of Complaints. A complaint may be withdrawn
2510at any time.
2511     (b)  PROBABLE CAUSE PANEL OR SPECIAL MASTER
2512     (1)  Creation. Whenever the Speaker receives a copy of a
2513complaint and request made pursuant to subsection (a), the
2514Speaker shall, within 20 days, either appoint a Probable Cause
2515Panel (the panel) consisting of an odd number of members or
2516appoint a Special Master. If the Speaker appoints a Probable
2517Cause Panel, the Speaker shall also appoint one member of the
2518panel as its Chair. The Speaker may appoint up to two additional
2519persons who are not members of the House to serve as nonvoting,
2520public members of a Probable Cause Panel.
2521     (2)  Powers and Duties. The members of the panel or the
2522Special Master shall have the following powers and duties:
2523     a.  Investigate complaints and make appropriate findings of
2524fact promptly regarding allegations of improper conduct
2525sufficient to establish probable cause of violations of law,
2526violations of the House Code of Conduct, and violations of rules
2527and regulations of the House relating to the conduct of
2528individuals in the performance of their duties as members or as
2529officers of the House;
2530     b.  Based upon the investigation by the Special Master or
2531the panel, make and report findings of probable cause to the
2532Speaker and to the House as it relates to the complaint that
2533occasioned the appointment of the Probable Cause Panel or the
2534Special Master;
2535     c.  Recommend to the Rules & Calendar Council such
2536additional rules or regulations as the Probable Cause Panel or
2537the Special Master shall determine are necessary or desirable to
2538ensure proper standards of conduct by members and officers of the
2539House in the performance of their duties and the discharge of
2540their responsibilities; and
2541     d.  Adopt rules of procedure as appropriate.
2542     (3)  Quorum. A quorum of a Probable Cause Panel, when
2543appointed, shall consist of a majority of the members of the
2544panel. All action by a Probable Cause Panel shall require the
2545concurrence of a majority of the full panel.
2546     (4)  Term. A Probable Cause Panel or Special Master, as
2547appropriate, shall serve until the complaint that occasioned the
2548appointment of the panel or the Special Master has been dismissed
2549or until a finding of probable cause has been transmitted to the
2550Speaker.
2551     (c)  PRELIMINARY INVESTIGATION AND PROBABLE CAUSE FINDING
2552     (1)  Preliminary Investigation
2553     a.  The Probable Cause Panel or the Special Master shall
2554provide the respondent an opportunity to present to the panel,
2555the Special Master, or the staff of the panel, orally or in
2556writing, a statement addressing the allegations.
2557     b.  The panel, Special Master, or the staff of the panel may
2558interview witnesses and examine documents and other evidentiary
2559matters.
2560     c.  The panel or Special Master may order the testimony of
2561witnesses to be taken under oath, in which event the oath may be
2562administered by the Chair or any other member of the panel, by
2563the Special Master, or by any person authorized by law to
2564administer oaths.
2565     d.  The panel or Special Master may require, by subpoena
2566issued pursuant to these rules or otherwise, the attendance and
2567testimony of witnesses and the production of such books, records,
2568correspondence, memoranda, papers, documents, and other items as
2569it 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
2573panel, or the Special Master, as appropriate, shall determine
2574whether there is probable cause to conclude that a violation
2575within the jurisdiction of the panel or the Special Master has
2576occurred.
2577     2.  If the panel or Special Master, as appropriate, finds
2578that probable cause does not exist, the panel or Special Master
2579shall dismiss the complaint and notify the complainant and the
2580respondent of its determination.
2581     3.  If the panel or Special Master, as appropriate,
2582determines that probable cause exists to believe that a violation
2583occurred but that the violation, if proven, is of a de minimis
2584nature or is not sufficiently serious to justify expulsion,
2585censure, or reprimand, the panel or Special Master may recommend
2586an appropriate, lesser penalty or may resolve the complaint
2587informally. If the respondent agrees, a summary of the panel's or
2588Special Master's conclusions, as appropriate, shall be published
2589in the House Journal and the penalty agreed upon shall be
2590imposed. If the panel or Special Master is unable to
2591satisfactorily settle the complaint, the complaint shall be
2592subject to a full evidentiary hearing before the Select Committee
2593on Standards of Official Conduct pursuant to subsection (d).
2594     4.  If the panel or Special Master determines that probable
2595cause exists to believe that a violation occurred and that, if
2596proven, would be sufficiently serious to justify expulsion,
2597censure, or reprimand, the panel or Special Master shall cause to
2598be transmitted to the respondent a Statement of Alleged
2599Violation. The statement shall be divided into counts, and each
2600count shall be related to a separate violation and shall contain
2601a plain and concise statement of the alleged facts of such
2602violation, including a reference to the provision of the House
2603Code of Conduct or law, rule, regulation, or other standard of
2604conduct alleged to have been violated. A copy of the statement
2605shall also be transmitted to the Speaker.
2606     b.  Collateral Proceedings. If the complaint against a
2607member or officer of the House has been the subject of action
2608before any other body, the panel or Special Master may forward
2609the complaint directly to a hearing pursuant to subsection (d).
2610     (d)  HEARING
2611     (1)  Select Committee on Standards of Official Conduct. Upon
2612receipt by the Speaker of a Statement of Alleged Violation, the
2613Speaker shall appoint, within 20 days, a Select Committee on
2614Standards of Official Conduct (the select committee) to hold
2615hearings regarding the statement and make a recommendation for
2616disciplinary action to the full House. Upon the receipt by the
2617Speaker of a complaint and findings by the Commission on Ethics
2618regarding a member of the House, the Speaker shall appoint,
2619within 20 days, a Select Committee on Standards of Official
2620Conduct to hold hearings to determine whether a violation has
2621occurred and, if so, to make a recommendation for disciplinary
2622action to the full House.
2623     (2)  Hearing. A hearing regarding a violation charged in a
2624Statement of Alleged Violation or in a complaint and findings by
2625the Commission on Ethics shall be held promptly to receive
2626evidence upon which to base findings of fact and recommendations,
2627if any, to the House respecting such violation.
2628     a.  Chair. The Chair of the select committee or other member
2629presiding at a hearing shall rule upon any question of
2630admissibility of testimony or evidence presented to the select
2631committee. Rulings shall be final unless reversed or modified by
2632a majority vote of the members of the select committee. If the
2633select committee appoints a referee pursuant to subsection (i),
2634the referee shall make all evidentiary rulings.
2635     b.  Referee. The select committee shall serve as referee for
2636all proceedings under these rules, unless the select committee
2637retains an independent referee pursuant to subsection (i).
2638     c.  Prosecutor. The select committee's staff shall serve as
2639a legal advisor to the committee. The select committee may retain
2640independent counsel pursuant to subsection (j) to serve as
2641prosecutor in all proceedings conducted under these rules.
2642     d.  Respondent's Rights. The respondent shall have the right
2643to be represented by legal counsel, to call witnesses, to
2644introduce exhibits, and to cross-examine opposing witnesses. The
2645respondent or respondent's counsel shall be permitted to take the
2646deposition of the complainant in accordance with sub-subparagraph
2647(3)a.3.
2648     e.  Complainant's Rights. The complainant is not a party to
2649any part of the complaint process or these proceedings. The
2650complainant has no standing to challenge these rules or
2651procedures and has no right to appeal. The complainant may submit
2652a list of witnesses or questions for the select committee's
2653consideration 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
2657procedure as appropriate to its needs.
2658     2.  Evidence. Irrelevant, immaterial, or unduly repetitious
2659evidence shall be excluded, but all other evidence of a type
2660commonly relied upon by reasonably prudent persons in the conduct
2661of their affairs shall be admissible, whether or not such
2662evidence would be admissible in a trial in the courts of Florida.
2663However, hearsay evidence may not be used unless same would be
2664admissible under the Florida Rules of Evidence and it shall not
2665be sufficient in itself to support a factual finding unless it
2666would be admissible over objection in civil actions.
2667     3.  Discovery. Discovery may be permitted upon motion, which
2668shall state the reason therefor. Discovery shall be in accordance
2669with the Florida Rules of Civil Procedure but may be limited in
2670time, scope, and method by the Chair or the referee.
2671     4.  Testimony. The select committee shall order the
2672testimony of witnesses to be taken under oath, in which event the
2673oath may be administered by the Chair or a member of the select
2674committee, by any referee appointed pursuant to subsection (i),
2675or by any person authorized by law to administer oaths.
2676     5.  Subpoenas. The select committee may require, by subpoena
2677issued pursuant to these rules or otherwise, the attendance and
2678testimony of witnesses and the production of such books, records,
2679correspondence, memoranda, papers, documents, and other items as
2680it deems necessary to the conduct of the inquiry.
2681     b.  Order of Hearing. The order of the full hearing before
2682the select committee or the referee shall be as follows:
2683     1.  The Chair or the referee shall open the hearing by
2684stating the select committee's authority to conduct the hearing,
2685the purpose of the hearing, and its scope.
2686     2.  Testimony from witnesses and other evidence pertinent to
2687the subject of the hearing shall be received in the following
2688order, whenever possible: witnesses and other evidence offered by
2689the independent counsel, witnesses and other evidence offered by
2690the respondent, and rebuttal witnesses. The select committee may
2691call witnesses at any time during the proceedings.
2692     3.  Witnesses at the hearing shall be examined first by the
2693independent counsel. The respondent or the respondent's counsel
2694may then cross-examine the witnesses. The members of the select
2695committee may then question the witnesses. Redirect and recross
2696may be permitted in the Chair's or the referee's discretion. With
2697respect to witnesses offered by the respondent, a witness shall
2698be examined first by the respondent or the respondent's counsel
2699and then may be cross-examined by the independent counsel.
2700Members of the select committee may then question the witness.
2701Redirect and recross may be permitted in the Chair's or the
2702referee's discretion. Participation by the select committee at
2703the hearing stage is at the sole discretion of the select
2704committee and is not mandatory.
2705     (4)  Burden of Proof. At the hearing, the burden of proof
2706rests on the appointed independent counsel to establish the facts
2707alleged by clear and convincing evidence with respect to each
2708count.
2709     (e)  COMMITTEE RECOMMENDED ORDER
2710     (1)  Committee Deliberations. As soon as practicable, the
2711select committee shall consider each count contained in a
2712Statement of Alleged Violation or in a complaint and findings, as
2713the case may be. A count shall not be proven unless at least a
2714majority of the select committee votes for a motion that the
2715count has been proved. A count that is not proved shall be
2716considered as dismissed by the select committee.
2717     (2)  Dismissal of Complaint. After the hearing, the select
2718committee shall, in writing, state its findings of fact. If the
2719select committee finds that the respondent has not violated any
2720of the provisions of the House Code of Conduct, or a law, rule,
2721regulation, or other standard of conduct, it shall order the
2722action dismissed and shall notify the respondent and the
2723complainant of such action.
2724     (3)  Recommended Order
2725     a.  Recommended Order. If the select committee finds that
2726the respondent has violated any of the provisions of the House
2727Code of Conduct, or a law, rule, regulation, or other standard of
2728conduct, it shall, in writing, state its findings of fact and
2729submit a report to the House. A copy of the report shall be sent
2730to the respondent and the complainant and shall be published in
2731the House Journal.
2732     b.  Penalty. With respect to any violation with which a
2733member or officer of the House is charged in a count that the
2734select committee has voted as proved, the select committee may
2735recommend to the House that the member or officer be fined,
2736censured, reprimanded, placed on probation, or expelled, as
2737appropriate, or may recommend such other lesser penalty as may be
2738appropriate.
2739     (f)  PROPOSED RECOMMENDED ORDER
2740     (1)  Referee. When a hearing is conducted by referee, as
2741provided in subsection (i), the referee shall prepare a proposed
2742recommended order and file it, together with the record of the
2743hearing, with the select committee. Copies of the proposed
2744recommended order shall be served on all parties.
2745     (2)  Proposed Recommended Order. The proposed recommended
2746order shall contain the time and place of the hearing,
2747appearances entered at the hearing, issues, and proposed findings
2748of fact and conclusions of law.
2749     (3)  Exceptions. The respondent and the independent counsel
2750may file written exceptions with the select committee in response
2751to a referee's recommended order. Exceptions shall be filed
2752within 20 days after service of the recommended order unless such
2753time is extended by the referee or the Chair of the select
2754committee.
2755     (4)  Recommended Order. The select committee shall
2756deliberate and render a recommended order pursuant to the
2757provisions of subsection (e).
2758     (g)  CONSENT DECREE. At any stage of the proceedings, the
2759respondent and the select committee may agree to a consent
2760decree. The consent decree shall state findings of fact and shall
2761be published in the House Journal. The consent decree shall
2762contain such penalty as may be appropriate. If the House accepts
2763the consent decree, the complaint pursuant to these proceedings
2764shall be resolved. If the House does not accept the consent
2765decree, the proceedings before the select committee shall resume.
2766     (h)  CONFIDENTIALITY. Any material provided to the House in
2767response to a complaint filed under this rule that is
2768confidential under applicable law shall remain confidential and
2769shall not be disclosed except as authorized by applicable law.
2770Except as otherwise provided in this section, a complaint and the
2771records relating to a complaint shall be available for public
2772inspection upon the dismissal of a complaint by the Chair of the
2773Rules & Calendar Council, a determination as to probable cause or
2774informal resolution of a complaint by a Special Master or
2775Probable Cause Panel, or the receipt by the Speaker of a request
2776in writing from the respondent that the complaint and other
2777records relating to the complaint be made public records.
2778     (i)  REFEREE. The Select Committee on Standards of Official
2779Conduct may, in its discretion and with the approval of the
2780Speaker, employ a referee to preside over the proceedings, to
2781hear testimony, and to make findings of fact and recommendations
2782to the select committee concerning the disposition of complaints.
2783     (j)  INDEPENDENT COUNSEL. The Select Committee on Standards
2784of Official Conduct is authorized to retain and compensate
2785counsel not regularly employed by the House, as authorized by the
2786Speaker.
2787     (k)  ATTORNEY'S FEES. When a Probable Cause Panel or a
2788Special Master finds that probable cause does not exist or the
2789select committee finds that the respondent has not violated any
2790of the provisions of the House Code of Conduct or a law, rule,
2791regulation, or other standard of conduct, the panel or Special
2792Master or the select committee may recommend to the Speaker that
2793the reasonable attorney's fees and costs incurred by the
2794respondent be paid by the House. Payment of such reasonable fees
2795and costs shall be subject to the approval of the Speaker.
2796     (l)  ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation
2797under this rule involves the conduct or activities of the
2798Speaker, the duties of the Speaker pursuant to this rule shall be
2799transferred to the Speaker pro tempore.
2800     (m)  COLLATERAL ACTIONS
2801     (1)  Criminal Actions. Any criminal complaints relating to
2802members shall be governed by these rules.
2803     (2)  Commissions or Quasi-Judicial Agencies with Concurrent
2804Jurisdiction. If a complaint against a member or an officer of
2805the House is filed with a commission or quasi-judicial agency
2806with concurrent jurisdiction, the Chair of the Rules & Calendar
2807Council, a Probable Cause Panel or a Special Master, and the
2808Select Committee on Standards of Official Conduct shall have the
2809discretion to refrain from processing a similar complaint until
2810such commission or quasi-judicial agency has completed its review
2811of the matter. If such a complaint is filed initially with the
2812Chair of the Rules & Calendar Council and subsequently filed with
2813a commission or quasi-judicial agency with concurrent
2814jurisdiction, the Chair of the Rules & Calendar Council, the
2815panel or Special Master, and the select committee shall have the
2816discretion to suspend their proceedings until all such
2817commissions and agencies have completed their review of the
2818matter.
2819     (n)  EX PARTE COMMUNICATIONS
2820     (1)  A Special Master or a member of a Probable Cause Panel
2821or of a Select Committee on Standards of Official Conduct shall
2822not initiate or consider any ex parte communication relative to
2823the merits of a pending complaint proceeding by:
2824     a.  Any person engaged in prosecution or advocacy in
2825connection with the matter; or
2826     b.  A party to the proceeding or any person who, directly or
2827indirectly, would have a substantial interest in the action of
2828the panel, Special Master, or select committee, or authorized
2829representatives or counsel thereof.
2830     (2)  Except when acting in official capacity as a Special
2831Master or as a member of a panel or select committee, a Special
2832Master or a member of a Probable Cause Panel or of a Select
2833Committee on Standards of Official Conduct shall not comment upon
2834or discuss with any other person the matters that occasioned the
2835appointment of the Special Master, panel, or select committee
2836during the pendency of proceedings held pursuant to this rule
2837before the Special Master, panel, or select committee. This
2838section shall not apply to communications initiated or considered
2839by the Special Master or the Chair of the panel or select
2840committee relating to a settlement pursuant to sub-subparagraph
2841(c)(2)a.3. or to a consent decree authorized pursuant to
2842subsection (g).
2843     (o)  TIME LIMITATIONS
2844     (1)  On or after the effective date of these rules, all
2845sworn complaints alleging violation of the House Code of Conduct,
2846including any violation of law or of the rules and regulations of
2847the House, shall be filed with the Rules & Calendar Council
2848within 2 years after the alleged violation.
2849     (2)  A violation of the House Code of Conduct is committed
2850when every element of the rule has occurred, and time starts to
2851run on the day after the violation occurred.
2852     (3)  The applicable period of limitation is tolled on the
2853day a sworn complaint against the member or officer is filed with
2854the Rules & Calendar Council. If it can be concluded from the
2855face of the complaint that the applicable period of limitation
2856has run, the allegations shall not be considered a complaint for
2857the purpose of requiring action by the Chair of the Rules &
2858Calendar Council. The complaint and all material related thereto
2859shall remain confidential.
2860
286116.3--Penalties for Violations
2862Separately from any prosecutions or penalties otherwise provided
2863by law, any member determined to have violated the foregoing
2864requirements of these rules shall be fined, censured,
2865reprimanded, placed on probation, or expelled, or have such other
2866lesser penalty imposed as may be appropriate. Such determination
2867and disciplinary action shall be taken by a two-thirds vote of
2868the House, except that expulsions shall require two-thirds vote
2869of the membership, upon recommendation of the select committee so
2870designated under Rule 16.2.
2871
2872Part Three--Complaints Against Lobbyists
2873
287416.4--Lobbyists
2875     (a)  OBLIGATIONS OF A LOBBYIST
2876     (1)  A lobbyist shall supply facts, information, and
2877opinions of principals to legislators from the point of view that
2878the lobbyist openly declares. A lobbyist shall not offer or
2879propose anything that may reasonably be construed to improperly
2880influence the official act, decision, or vote of a legislator,
2881nor shall a lobbyist attempt to improperly influence the
2882selection of officers or employees of the House. A lobbyist, by
2883personal example and admonition to colleagues, shall maintain the
2884honor of the legislative process by the integrity of the
2885lobbyist's relationship with legislators as well as with the
2886principals whom the lobbyist represents.
2887     (2)  A lobbyist shall not knowingly and willfully falsify,
2888conceal, or cover up, by any trick, scheme, or device, a material
2889fact or make any false, fictitious, or fraudulent statement or
2890representation, or make or use any writing or document knowing
2891the same to contain any false, fictitious, or fraudulent
2892statements or entry.
2893     (3)  During a regular session, or any extended or special
2894session, a lobbyist may not contribute to a member's campaign or
2895to any organization that is registered or is required to be
2896registered with the Rules & Calendar Council under Rule 15.3.
2897     (4)  No registered lobbyist shall be permitted upon the
2898floor of the House while it is in session.
2899     (b)  ADVISORY OPINIONS; COMPILATION THEREOF. A lobbyist,
2900when in doubt about the applicability and interpretation of
2901subsection (a) in a particular context, shall submit in writing
2902the facts for an advisory opinion to the Speaker, who shall
2903either refer the issue to the House general counsel for an
2904advisory opinion or refer the issue to a committee designated by
2905the Speaker to have responsibility for the ethical conduct of
2906lobbyists and may appear in person before such committee. The
2907House general counsel or this committee shall render advisory
2908opinions to any lobbyist who seeks advice as to whether the facts
2909in a particular case would constitute a violation of such rule by
2910a lobbyist. Such opinion, until amended or revoked, shall be
2911binding in any subsequent complaint concerning the lobbyist who
2912sought the opinion and acted on it in good faith, unless material
2913facts were omitted or misstated in the request for advisory
2914opinion. Upon request of the lobbyist or any member, the
2915committee designated by the Speaker to have responsibility for
2916the ethical conduct of lobbyists may revise any advisory opinion
2917issued by the House general counsel or may revise any advisory
2918opinion issued by the general counsel of the Office of
2919Legislative Services under Joint Rule 1.7. The House general
2920counsel or committee shall make sufficient deletions to prevent
2921disclosing the identity of persons in the decisions or opinions.
2922All advisory opinions of the House general counsel or this
2923committee shall be numbered, dated, and published in an annual
2924publication of the House. The Clerk shall keep a compilation of
2925all advisory opinions of the House general counsel or committee
2926designated by the Speaker to have responsibility for the ethical
2927conduct of lobbyists.
2928
292916.5--Complaints of Violations Relating to Lobbyists; Procedure
2930     (a)  FILING OF COMPLAINTS. The Chair of the Rules & Calendar
2931Council shall receive and initially review allegations of
2932violations of the Rules of the House, Joint Rule 1, or violations
2933of a law, rule, or other standard of conduct by a lobbyist.
2934     (1)  Review of Complaints. The Chair of the Rules & Calendar
2935Council shall review each complaint submitted to the subcommittee
2936relating to the conduct of a lobbyist.
2937     (2)  Complaints
2938     a.  A complaint shall be in writing and under oath, setting
2939forth in simple, concise statements the following:
2940     1.  The name and legal address of the party filing the
2941complaint (complainant);
2942     2.  The name and address of the lobbyist (respondent)
2943alleged to be in violation of the Rules of the House, Joint Rule
29441, or a law, rule, or other standard of conduct;
2945     3.  The nature of the alleged violation based upon the
2946personal knowledge of the complainant, including, if possible,
2947the specific section of the Rules of the House, Joint Rule 1, or
2948law, rule, or other standard of conduct alleged to have been
2949violated; and
2950     4.  The facts alleged to give rise to the violation.
2951     b.  All documents in the possession of the complainant that
2952are relevant to, and in support of, the allegations shall be
2953attached to the complaint.
2954     (3)  Processing Complaint and Preliminary Findings
2955     a.  Upon the filing of a complaint, the Chair shall, within
29565 working days, notify the lobbyist against whom the complaint
2957has been filed and give such person a copy of the complaint.
2958Within 20 days, the Chair shall take the necessary actions as
2959provided in subparagraphs b.-g.
2960     b.  The Chair shall examine each complaint for jurisdiction
2961and for compliance with paragraph (a)(2).
2962     c.  If the Chair determines that a complaint does not comply
2963with such rule, the complaint shall be returned to the
2964complainant with a general statement that the complaint is not in
2965compliance with such rule and with a copy of the rule. A
2966complainant may resubmit a complaint, provided such complaint is
2967resubmitted prior to the expiration of the time limitation set
2968forth in subsection (m).
2969     d.  If the Chair determines that the verified complaint does
2970not allege facts sufficient to constitute a violation of any of
2971the provisions of the Rules of the House, Joint Rule 1, or a law,
2972rule, or other standard of conduct, the Chair shall dismiss the
2973complaint and notify the complainant and the respondent of such
2974action.
2975     e.  If the Chair determines that the complaint is outside
2976the jurisdiction of the House, the Chair shall dismiss the
2977complaint and notify the complainant and the respondent of such
2978action.
2979     f.  If the Chair determines that a violation is inadvertent,
2980technical, or otherwise of a de minimis nature, the Chair may
2981attempt to correct or prevent such a violation by informal means.
2982     g.  If the Chair determines that such a complaint does
2983allege facts sufficient to constitute a violation of any of the
2984provisions of the Rules of the House, Joint Rule 1, or a law,
2985rule, or other standard of conduct, and that the complaint is not
2986de minimis in nature, the Chair shall transmit a copy of the
2987complaint to the Speaker and, in writing, request the appointment
2988of a Probable Cause Panel or Special Master regarding the
2989complaint. A copy of the letter shall be provided to the
2990complainant and the respondent.
2991     (4)  Withdrawal of Complaints. A complaint may be withdrawn
2992at any time.
2993     (b)  PROBABLE CAUSE PANEL OR SPECIAL MASTER
2994     (1)  Creation. Whenever the Speaker receives a copy of a
2995complaint and request made pursuant to subsection (a), the
2996Speaker shall, within 20 days, either appoint a Probable Cause
2997Panel (the panel) consisting of an odd number of members or
2998appoint a Special Master. If the Speaker appoints a Probable
2999Cause Panel, the Speaker shall also appoint one member of the
3000panel as its Chair. The Speaker may appoint up to two additional
3001persons who are not members of the House to serve as nonvoting,
3002public members of a Probable Cause Panel.
3003     (2)  Powers and Duties. The members of the panel or the
3004Special Master shall have the following powers and duties:
3005     a.  Investigate complaints and make appropriate findings of
3006fact promptly regarding allegations of improper conduct
3007sufficient to establish probable cause of violation of the Rules
3008of the House, Joint Rule 1, or a law, rule, or other standard of
3009conduct;
3010     b.  Based upon the investigation by the Special Master or
3011the panel, make and report findings of probable cause to the
3012Speaker and to the House as it relates to the complaint that
3013occasioned the appointment of the Probable Cause Panel or the
3014Special Master;
3015     c.  Recommend to the Rules & Calendar Council such
3016additional rules or regulations as the Probable Cause Panel or
3017the Special Master shall determine are necessary or desirable to
3018ensure 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
3021appointed, shall consist of a majority of the members of the
3022panel. All action by a Probable Cause Panel shall require the
3023concurrence of a majority of the full panel.
3024     (4)  Term. A Probable Cause Panel or Special Master, as
3025appropriate, shall serve until the complaint that occasioned the
3026appointment of the panel or the Special Master has been dismissed
3027or until a finding of probable cause has been transmitted to the
3028Speaker.
3029     (c)  PRELIMINARY INVESTIGATION AND PROBABLE CAUSE FINDING
3030     (1)  Preliminary Investigation
3031     a.  The Probable Cause Panel or the Special Master shall
3032provide the respondent an opportunity to present to the panel,
3033Special Master, or staff of the panel, orally or in writing, a
3034statement addressing the allegations.
3035     b.  The panel, Special Master, or staff of the panel may
3036interview witnesses and examine documents and other evidentiary
3037matters.
3038     c.  The panel or Special Master may order the testimony of
3039witnesses to be taken under oath, in which event the oath may be
3040administered by the Chair or any other member of the panel, by
3041the Special Master, or by any person authorized by law to
3042administer oaths.
3043     d.  The panel or Special Master may require, by subpoena
3044issued pursuant to these rules or otherwise, the attendance and
3045testimony of witnesses and the production of such books, records,
3046correspondence, memoranda, papers, documents, and other items as
3047it 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
3050panel, or the Special Master, as appropriate, shall determine
3051whether there is probable cause to conclude that a violation
3052within the jurisdiction of the panel or the Special Master has
3053occurred.
3054     b.  If the panel or Special Master, as appropriate, finds
3055that probable cause does not exist, the panel or Special Master
3056shall dismiss the complaint and notify the complainant and the
3057respondent of its determination.
3058     c.  If the panel or Special Master, as appropriate,
3059determines that probable cause exists to believe that a violation
3060occurred but that the violation, if proven, is of a de minimis
3061nature or is not sufficiently serious to justify the imposition
3062of a penalty pursuant to Rule 16.6, the panel or Special Master
3063may recommend an appropriate, lesser penalty or may resolve the
3064complaint informally. If the respondent agrees, a summary of the
3065panel's or Special Master's conclusions, as appropriate, shall be
3066published in the House Journal and the penalty agreed upon shall
3067be imposed. If the panel or Special Master is unable to
3068satisfactorily settle the complaint, the complaint shall be
3069subject to a full evidentiary hearing before the Select Committee
3070on Lobbyist Conduct pursuant to subsection (d).
3071     d.  If the panel or Special Master determines that probable
3072cause exists to believe that a violation occurred and that, if
3073proven, would be sufficiently serious to justify imposition of a
3074penalty pursuant to Rule 16.6, the panel or Special Master shall
3075cause to be transmitted to the respondent a Statement of Alleged
3076Violation. The statement shall be divided into counts, and each
3077count shall be related to a separate violation and shall contain
3078a plain and concise statement of the alleged facts of such
3079violation, including a reference to the provision of the Rules of
3080the House, Joint Rule 1, or law, rule, or other standard of
3081conduct alleged to have been violated. A copy of the statement
3082shall also be transmitted to the Speaker.
3083     (d)  HEARING
3084     (1)  Select Committee on Lobbyist Conduct. Upon receipt by
3085the Speaker of a Statement of Alleged Violation, the Speaker
3086shall appoint, within 20 days, a Select Committee on Lobbyist
3087Conduct (the select committee) to hold hearings regarding the
3088statement and make a recommendation for disciplinary action to
3089the full House.
3090     (2)  Hearing. A hearing regarding a violation charged in a
3091Statement of Alleged Violation shall be held promptly to receive
3092evidence upon which to base findings of fact and recommendations,
3093if any, to the House respecting such violation. The hearing
3094before the select committee shall be subject to Rule 7.14.
3095     a.  Chair. The Chair of the select committee or other member
3096presiding at a hearing shall rule upon any question of
3097admissibility of testimony or evidence presented to the select
3098committee. Rulings shall be final unless reversed or modified by
3099a majority vote of the members of the select committee. If the
3100select committee appoints a referee pursuant to subsection (i),
3101the referee shall make all evidentiary rulings.
3102     b.  Referee. The select committee shall serve as referee for
3103all proceedings under these rules, unless the select committee
3104retains an independent referee pursuant to subsection (i).
3105     c.  Prosecutor. The select committee's staff shall serve as
3106prosecutor in all proceedings conducted under these rules, unless
3107the select committee retains independent counsel pursuant to
3108subsection (j).
3109     d.  Respondent's Rights. The respondent shall have the right
3110to be represented by legal counsel, to call witnesses, to
3111introduce exhibits, and to cross-examine opposing witnesses. The
3112respondent or respondent's counsel shall be permitted to take the
3113deposition of the complainant in accordance with sub-subparagraph
3114(3)a.3.
3115     e.  Complainant's Rights. The complainant is not a party to
3116any part of the complaint process or these proceedings. The
3117complainant has no standing to challenge these rules or
3118procedures and has no right to appeal. The complainant may submit
3119a list of witnesses or questions for the select committee's
3120consideration 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
3124procedure as appropriate to its needs.
3125     2.  Evidence. Irrelevant, immaterial, or unduly repetitious
3126evidence shall be excluded, but all other evidence of a type
3127commonly relied upon by reasonably prudent persons in the conduct
3128of their affairs shall be admissible, whether or not such
3129evidence would be admissible in a trial in the courts of Florida.
3130However, hearsay evidence may not be used unless same would be
3131admissible under the Florida Rules of Evidence and it shall not
3132be sufficient in itself to support a factual finding unless it
3133would be admissible over objection in civil actions.
3134     3.  Discovery. Discovery may be permitted upon motion, which
3135shall state the reason therefor. Discovery shall be in accordance
3136with the Florida Rules of Civil Procedure, but may be limited in
3137time, scope, and method by the Chair or the referee.
3138     4.  Testimony. The select committee shall order the
3139testimony of witnesses to be taken under oath, in which event the
3140oath may be administered by the Chair or a member of the select
3141committee, by any referee appointed pursuant to subsection (i),
3142or by any person authorized by law to administer oaths.
3143     5.  Subpoenas. The select committee may require, by subpoena
3144issued pursuant to these rules or otherwise, the attendance and
3145testimony of witnesses and the production of such books, records,
3146correspondence, memoranda, papers, documents, and other items as
3147it deems necessary to the conduct of the inquiry.
3148     b.  Order of Hearing. The order of the full hearing before
3149the select committee or the referee shall be as follows:
3150     1.  The Chair or the referee shall open the hearing by
3151stating the select committee's authority to conduct the hearing,
3152the purpose of the hearing, and its scope.
3153     2.  Testimony from witnesses and other evidence pertinent to
3154the subject of the hearing shall be received in the following
3155order, whenever possible: witnesses and other evidence offered by
3156the select committee's staff or the independent counsel,
3157witnesses and other evidence offered by the respondent, and
3158rebuttal witnesses. The select committee may call witnesses at
3159any time during the proceedings.
3160     3.  Witnesses at the hearing shall be examined first by the
3161select committee's staff or the independent counsel. The
3162respondent or the respondent's counsel may then cross-examine the
3163witnesses. The members of the select committee may then question
3164the witnesses. Redirect and recross may be permitted in the
3165Chair's or the referee's discretion. With respect to witnesses
3166offered by the respondent, a witness shall be examined first by
3167the respondent or the respondent's counsel, and then may be
3168cross-examined by the select committee's staff or the independent
3169counsel. Members of the select committee may then question the
3170witness. Redirect and recross may be permitted in the Chair's or
3171the referee's discretion. Participation by the select committee
3172at the hearing stage is at the sole discretion of the select
3173committee and is not mandatory.
3174     (4)  Burden of Proof. At the hearing, the burden of proof
3175rests on the select committee's staff or the appointed
3176independent counsel to establish the facts alleged by clear and
3177convincing evidence with respect to each count.
3178     (e)  COMMITTEE RECOMMENDED ORDER
3179     (1)  Committee Deliberations. As soon as practicable, the
3180select committee shall consider each count contained in a
3181Statement of Alleged Violation. A count shall not be proven
3182unless at least a majority of the select committee votes for a
3183motion that the count has been proved. A count that is not proved
3184shall be considered as dismissed by the select committee.
3185     (2)  Dismissal of Complaint. After the hearing, the select
3186committee shall, in writing, state its findings of fact. If the
3187select committee finds that the respondent has not violated any
3188of the provisions of the Rules of the House, Joint Rule 1, or a
3189law, rule, or other standard of conduct, it shall order the
3190action dismissed and shall notify the respondent and the
3191complainant of such action.
3192     (3)  Recommended Order
3193     a.  Recommended Order. If the select committee finds that
3194the respondent has violated any of the provisions of the Rules of
3195the House, Joint Rule 1, or a law, rule, or other standard of
3196conduct, it shall, in writing, state its findings of fact and
3197submit a report to the House. A copy of the report shall be sent
3198to the respondent and the complainant and shall be published in
3199the House Journal.
3200     b.  Penalty. With respect to any violation with which a
3201lobbyist is charged in a count that the select committee has
3202voted as proved, the select committee may recommend to the House
3203that the lobbyist be censured, reprimanded, or prohibited from
3204lobbying for all or any part of the legislative biennium during
3205which the violation occurred, or such other penalty as may be
3206appropriate.
3207     (f)  PROPOSED RECOMMENDED ORDER
3208     (1)  Referee. When a hearing is conducted by referee, as
3209provided in subsection (i), the referee shall prepare a proposed
3210recommended order and file it, together with the record of the
3211hearing, with the select committee. Copies of the proposed
3212recommended order shall be served on all parties.
3213     (2)  Proposed Recommended Order. The proposed recommended
3214order shall contain the time and place of the hearing,
3215appearances entered at the hearing, issues, and proposed findings
3216of fact and conclusions of law.
3217     (3)  Exceptions. The respondent and the independent counsel
3218may file written exceptions with the select committee in response
3219to a referee's recommended order. Exceptions shall be filed
3220within 20 days after service of the recommended order unless such
3221time is extended by the referee or the Chair of the select
3222committee.
3223     (4)  Recommended Order. The select committee shall
3224deliberate and render a recommended order pursuant to the
3225provisions of subsection (e).
3226     (g)  CONSENT DECREE. At any stage of the proceedings, the
3227respondent and the select committee may agree to a consent
3228decree. The consent decree shall state findings of fact and shall
3229be published in the House Journal. The consent decree shall
3230contain such penalty as may be appropriate. If the House accepts
3231the consent decree, the complaint pursuant to these proceedings
3232shall be resolved. If the House does not accept the consent
3233decree, the proceedings before the select committee shall resume.
3234     (h)  CONFIDENTIALITY. Any material provided to the House in
3235response to a complaint filed under this rule that is
3236confidential under applicable law shall remain confidential and
3237shall not be disclosed except as authorized by applicable law.
3238Except as otherwise provided in this section, a complaint and the
3239records relating to a complaint shall be available for public
3240inspection upon the dismissal of a complaint by the Chair of the
3241Rules & Calendar Council, a determination as to probable cause or
3242informal resolution of a complaint by a Special Master or
3243Probable Cause Panel, or the receipt by the Speaker of a request
3244in writing from the respondent that the complaint and other
3245records relating to the complaint be made public records.
3246     (i)  REFEREE. The Select Committee on Lobbyist Conduct may,
3247in its discretion and with the approval of the Speaker, employ a
3248referee to preside over the proceedings, to hear testimony, and
3249to make findings of fact and recommendations to the select
3250committee concerning the disposition of complaints.
3251     (j)  INDEPENDENT COUNSEL. The Select Committee on Lobbyist
3252Conduct is authorized to retain and compensate counsel not
3253regularly employed by the House, as authorized by the Speaker.
3254     (k)  ELIGIBILITY; SPEAKER OF THE HOUSE. If any allegation
3255under this rule involves the conduct or activities of the
3256Speaker, the duties of the Speaker pursuant to this rule shall be
3257transferred to the Speaker pro tempore.
3258     (l)  EX PARTE COMMUNICATIONS
3259     (1)  A Special Master or a member of a Probable Cause Panel
3260or of a Select Committee on Lobbyist Conduct shall not initiate
3261or consider any ex parte communication relative to the merits of
3262a pending complaint proceeding by:
3263     a.  Any person engaged in prosecution or advocacy in
3264connection with the matter; or
3265     b.  A party to the proceeding or any person who, directly or
3266indirectly, would have a substantial interest in the action of
3267the panel, Special Master or select committee, or authorized
3268representatives or counsel thereof.
3269     (2)  Except when acting in official capacity as a Special
3270Master or as a member of a panel or select committee, a Special
3271Master or a member of a Probable Cause Panel or of a Select
3272Committee on Lobbyist Conduct shall not comment upon or discuss
3273with any other person the matters that occasioned the appointment
3274of the Special Master, panel, or select committee during the
3275pendency of proceedings held pursuant to this rule before the
3276Special Master, panel, or select committee. This section shall
3277not apply to communications initiated or considered by the
3278Special Master or the Chair of the panel or select committee
3279relating to a settlement pursuant to subparagraph (c)(2)c. or to
3280a consent decree authorized pursuant to subsection (g).
3281     (m)  TIME LIMITATIONS
3282     (1)  On or after the effective date of these rules, all
3283sworn complaints alleging violation of the Rules of the House,
3284Joint Rule 1, or any law, rule, or other standard of conduct by a
3285lobbyist shall be filed with the Rules & Calendar Council within
32862 years after the alleged violation.
3287     (2)  A violation of the Rules of the House is committed when
3288every element of the rule has occurred, and time starts to run on
3289the day after the violation occurred.
3290     (3)  The applicable period of limitation is tolled on the
3291day a sworn complaint against the lobbyist is filed with the
3292Rules & Calendar Council. If it can be concluded from the face of
3293the complaint that the applicable period of limitation has run,
3294the allegations shall not be considered a complaint for the
3295purpose of requiring action by the Chair of the Rules & Calendar
3296Council. The complaint and all material related thereto shall
3297remain confidential.
3298
329916.6--Penalties for Violations
3300Separately from any prosecutions or penalties otherwise provided
3301by law, any person determined to have violated the foregoing
3302requirements of these rules, any provision in Joint Rule 1
3303adopted by the House and the Senate, or any law, rule, or other
3304standard of conduct by a lobbyist may be reprimanded, censured,
3305prohibited from lobbying for all or any part of the legislative
3306biennium during which the violation occurred, or have such other
3307penalty imposed as may be appropriate. Such determination shall
3308be made by a majority of the House, upon recommendation of the
3309select committee so designated under Rule 16.5.


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