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Navigating Through the Legislative Process

LFN Legislative Process

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Page 1: LFN Legislative Process

Navigating Through the Legislative Process

Page 2: LFN Legislative Process

On average there are 2,000 bills filed by the House and

Senate every year.

Your resources and time are limited.

Pick your battles-no more than 4-8 issues that we can mobilize the most people.

Two types of battles Offense (Passing good legislation)

Defense (Stopping bad legislation)

To Be Effective Pick Your Battles

Page 3: LFN Legislative Process

We need to be on the offense more, filing and working good legislation to restore our liberty and freedom.

Stopping Common Core

Protecting Private Property Rights

Stopping the Federal Government’s Unconstitutional mandates

Protecting our Gun rights

Banning Red Light Cameras and other right to privacy and due process rights.

2014 Possible Legislative Priorities

Page 4: LFN Legislative Process

If you have a friendly legislator, they can file a bill for you in bill drafting, even if

they may not sponsor. All you need is an idea of legislation and bill drafting will turn it into a bill. You then can shop the

bill for sponsors.

Did you know that we can file bills?

Page 5: LFN Legislative Process

House members are limited to six bills, not including Memorials.

Memorial bills are non-binding resolutions sent to Congress and the President.

Warning! Legislators will try to appease us by filing a Memorial Bill.

Senators can file unlimited amount of bills.

Important Information

Page 6: LFN Legislative Process

When trying to get a bill filed, secure House sponsor first.

COMPANION BILL. A companion Senate bill must be substantially similar in

wording, and identical as to specific intent and purpose.

Initial Steps

Page 7: LFN Legislative Process

Qualities of a good bill Sponsor:

Absolutely committed

Tough and focused on your issue

Knows procedure- Not Freshman

Good spokesman

Good staff

Bill Sponsor

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RULE: Good sponsor does not guarantee victory, but a bad sponsor guarantees defeat

RULE: It is better to not get a bill filed with a bad sponsor, than is too just get it filed for the sake of getting filed.

WARNING: Some legislators will sponsor a bill for grandstanding with no intention of fighting for the bill.

Bill Sponsor

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Provide talking points for bill SPONSOR

Ask bill sponsor for their direction on strategy

Make sure they are pushing your bill-committee schedule

Getting co-sponsors is nice, but not that important.

Working with your Bill Sponsor

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Bill Sponsors have many other duties during the session, they serve on

several committees, have to review hundreds of other bills, they have other bills they have sponsored. It can become difficult for the

bill sponsor to do what is necessary to keep our bill moving.

We have to assist the bill sponsor

Find Co-sponsors

Meet with Committee Staff

Promote bill to Leadership

Promote bill to Committee members

Daily management of bills during session and committee weeks

Assisting the Bill Sponsor

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Knowing the political landscape is crucial. Knowing who and when to communicate with will get results.

Knowing which elected or appointed official to contact for specific issues.

Knowing people and personalities, party leaders, committee chairpersons and their staff.

Know all the possible impediments, such as other lobbying organizations opposing our bill, objections by committee staff, leadership.

Know the Political Landscape

Page 12: LFN Legislative Process

Lobbying isn’t just about contacting elected or non-elected

officials. It is about contacting the right people. Also, knowing the right time to call about a bill is crucial.

IMPORTANT RULE During Session

If people call about a bill when it is not scheduled for a vote is a

WASTE of your valuable time.

Timing is Everything!!!!!

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Know the players (They can kill our bill):

Leadership, Speaker, President, Majority Leader, Majority Whip, Committee

Chairs, Committee members, Legislative staff, Committee Staff, Lobbyist/ Trade

org., Opposition

Know the Players

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Each bill is referred to 2-4 committee stops

Chairs decide when and if a bill will be heard in committee

Chair decides bill schedule with influence of leadership

Chair can bury the bill to kill

RULE: Target and Utilize your activism to one committee at a time

IMPORTANT: Get bill passed through at least one committee-keeps it alive. Bypassing committee references- chairs have to sign off.

Committee Process

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We have to get our bill moving

That means putting pressure on the Committee Chair, as well as leadership.

If leadership does not want a bill moved-

IT WILL NOT MOVE! Although it takes the Leadership and the Committee Chair to

move a bill, it helps to gain support of other committee members, they in effect can help you lobby Committee Chair

and leadership.

Time is of the essence

Page 16: LFN Legislative Process

Many bills stall because committee staff have a problem with some

part of the bill or language. Many times this can be fixed without hurting the integrity of the bill.

Lobby Committee Staff

Page 17: LFN Legislative Process

UTILIZE YOUR TIME WITH THE WEAKEST HOUSE FIRST

THIS USUALLY MEANS THE SENATE

Utilize your time

Page 18: LFN Legislative Process

How Good bills can go bad Once a bill is filed, those opposed will begin to propose amendments to the bill to water down the bill, as well as to

exempt themselves from parts of the bill they feel harm them.

Warning: READ THE BILL and all amendments

(Titles can sound nice, until you read the bill)

Watch out for amendments – they can totally change the intent of the bill.

Amendment Process

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Either prior to a committee meeting or during the presentation of a bill, members of the committee may submit amendments to the bill for consideration.

Generally, there are three ways to amend a bill:

1. Adding language

2. Deleting language

3. Striking and inserting language

Amendments in Committee

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Amendment to the Amendment

In the event a member desires to make a change to an amendment, he or she may propose the change by filing an

amendment to the amendment.

Amendments

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A bad amendment added in one committee can be removed in the next committee stop.

We need to alert amendment sponsor that we have a problem with the language. Paul Henry was able to have the “RFID Chip” amendment removed by just

explaining the danger to the sponsor of the amendment.

We Can Remove a Bad Amendment

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IMPORTANT: A “strike-all” or strike-everything amendment. The purpose of such an amendment is to remove all language in the bill and replace it with new language.

Amendments

Page 23: LFN Legislative Process

There can be several bills filed dealing with a specific issue, ie; immigration,

pensions, Medicaid, septic tanks.

Train/Bandwagon Bills

Important Information on Bills

Page 24: LFN Legislative Process

2nd Reading on the Floor is by consideration of the Special Order Calendar

Once a bill is on the House Calendar, that does not mean that the bill will be heard on the floor. the

Rules & Calendar Committee will determine when and if a bill will be sent to the floor for 2nd Reading.

These bills are placed on a recommended Special Order Calendar.

Heading to the Floor

Page 25: LFN Legislative Process

3rd Reading on the House Floor by consideration of the

Third Reading Calendar

After a bill has been read a second time on the Special Order Calendar, it is “rolled over” on 3rd Reading,

generally, on a subsequent legislative day. This is the final reading of the bill prior to being voted on.

NOTE: It is difficult to add amendments on 3rd Reading.

Final Votes

Page 26: LFN Legislative Process

The House of Representatives and the Senate consider legislation

that addresses similar subjects. However, it is not unusual that the specific proposals and goals of the chambers will be

different. Once one chamber has passed legislation, it must send the legislation to the other chamber for concurrence. A chamber may send a bill back to its chamber of origin with amendments, in an effort to ensure the bill addresses the

needs and concerns of its members. In the event this process does not produce a result that is satisfactory to both chambers, the bill dies. In rare circumstances, a conference committee of the House may meet with a Senate conference committee in

an effort to resolve differences and pass identical legislation so it may be signed by the Governor and become law.

Conference Committees

Page 27: LFN Legislative Process

Once the House and the Senate have passed the same bill, the bill is enrolled. The enrolled bill is then engrossed in its final form. The enrolled bill is then presented to the Governor for consideration. The Governor has three choices when considering legislation: sign the legislation agreeing to the enactment, not sign the legislation, or veto the legislation. EFFECT OF THE GOVERNOR’S SIGNATURE ON LEGISLATION. If the Governor approves and signs the bill, the bill is filed with the Secretary of State and becomes effective law pursuant to its terms. IMPACT OF THE GOVERNOR’S FAILURE TO SIGN LEGISLATION. If during the course of the legislative session, the Governor fails to sign a bill and does not veto it within the period allowed, the bill becomes law.

The Governor’s Role

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VETO. During session, the Governor has 7 days to veto a bill. If session is adjourned, the

Governor has 15 days to veto a bill.

VETO OVERRIDE. If the Governor has vetoed a bill, each chamber of the Legislature may by a two-thirds vote override the Governor’s veto.

The Governor’s Role Cont.

Page 29: LFN Legislative Process

If the Governor vetoes a bill, it is available for consideration/override until the end of the current session or, if the legislature is not in session when the bill is received, until the end of the next regular session. If two-thirds of the members of each house vote to override (set aside) the Governor's veto, the bill becomes a law.

The Governor’s Role Cont.

Page 30: LFN Legislative Process

Myfloridahouse.gov

Flsenate.gov

Sign up for legislative bill tracking

Links for Tracking Bills

Page 32: LFN Legislative Process

Related Bills

Bill # Subject Relationship

CS/CS/SB 1666 Mortgage Foreclosures Compare

Tracking Bills

Page 33: LFN Legislative Process

Related Bills SIMILAR

IDENTICAL

COMPARABLE

NOTE: Watch similar and comparable bills- bad language from a dead bill can be

added to these bills.

Tracking Bills

Page 36: LFN Legislative Process

Committees publish objective bill analysis, which professional

staff research and prepare. A bill analysis gives background information regarding the current statutes. It documents the

changes the bill proposes and summarizes the possible effects the bill would have if it became law. A bill analysis also

includes a very cursory summary analysis on its first page.

RULE: You must read the bill analysis to understand the true intent of a bill.

Committee Staff Bill Analysis

Page 38: LFN Legislative Process

Bill History Event Time Member Committee

Ordered enrolled Tuesday, May 28, 2013

In Messages Friday, May 03, 2013

Committee Wednesday, April 03, 2013 Appropriations

Filed Thursday, January 03, 2013 Passidomo

Tracking Bills

Page 39: LFN Legislative Process

Statutes (Citations)

You have to look at the statutes or citations a bill is changing. For instance, SB1666 covered the following statutes:

Citations – Statutes 25.073 - Retired justices or judges assigned to temporary duty; additional compensation; appropriation. 95.11 - Limitations other than for the recovery of real property. 121.021 - Definitions. 121.091 - Benefits payable under the system. 121.591 - Payment of benefits. 121.71 - Uniform rates; process; calculations; levy. 702.015 702.036 702.06 - Deficiency decree; common-law suit to recover deficiency. 702.10 - Order to show cause; entry of final judgment of foreclosure; payment during foreclosure. 702.11

Tracking Bills

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WARNING: Track all bills because innocuous bill can have a bad amendment added. (RFID Chip)

RULE: Lobbyist track all bills, all amendments-WE SHOULD TOO!

Staying on top of Amendments: amendments can destroy a good bill, and amendments are filed

sometimes within hours of the committee hearing.

Amendments- we can use the amendment process for our cause.

IMPORTANT INFORMATION

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Example: HB 736 in 2011 “Teacher Merit Pay”

BEWARE of Trojan Horse Bill

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Because of the time constraints of a 60-day legislative session, if a bill and its companion bill are not making their way through the

committee process of both the House and the Senate at approximately the same pace, it is highly unlikely that the bill

will become law.

Has more than 4 Committee References

Does not have a companion bill

Has not been heard in committee

Does not have a committee staff analysis

Bill is not a committee substitute (CS/CS/SB2)

Knowing a Dead Bill

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All bills must be filed by the 1st day of session

Bill Drafting deadline is more important

Committee’s must give 48 hour notice of meeting during the first 45 days of regular

session. 24 hour notice last 15 days.

Timely filed Amendments- 6:00 PM the day before.

Know Deadlines

Page 44: LFN Legislative Process

Parliamentary Authorities

The rulings of the Speaker are first

Mason’s Manual of legislative procedure

Rules and Procedures

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2/3 and 3/5 rules and procedures

80 seats needed for 2/3 in House

72 seats needed for 3/5 in House

27 seats need for 2/3 in Senate

24 seats needed for 3/5 in Senate

Rules and Procedures

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With a two-thirds vote, lawmakers can sidestep their own rules for strategies such as:

Considering bills not on the calendar

Pulling a bill that has been sitting in a committee immediately to the full floor,

Taking up amendments technically filed after a deadline.

2/3 to override veto

Rules and Procedures

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Republicans still hold the three-fifths majorities required to do so, but getting 24 votes in the

Senate and 72 votes in the House requires stricter party-line adherence.

3/5 needed for constitutional amendments

Rules and Procedures

Page 48: LFN Legislative Process

IMPORTANT: To be effective during the Session, we must have started our efforts early. Actually after one session is over, we need to start our work for the next

session IMMEDIATELY

In an off-election year, bills are being filed in June.

The earlier a bill is filed has a better chance

EFFECTIVE LOBBYING IS DONE 365 DAYS A YEAR!

NO REST FOR THE WEARY

REMEMBER