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By the Committee on Rules, Resolutions & Ethics and
Representatives Thrasher and Crady
1 House Concurrent Resolution
2 A concurrent resolution amending Joint Rule
3 One, Joint Rules of the Florida Legislature,
4 relating to lobbyist registration and
5 reporting.
6
7 Be It Resolved by the House of Representatives of the State of
8 Florida, the Senate Concurring:
9
10 That Joint Rule One, Joint Rules of the Florida
11 Legislature, is hereby amended as follows:
12
13 Joint Rule One
14
15 Lobbyist Registration and Reporting
16
17 1.1--Those Required to Register; Exemptions; Committee
18 Appearance Records
19 (1) All lobbyists before the Florida Legislature must
20 register with the Joint Legislative Management Committee.
21 Registration is required for each principal represented.
22 (2) As used in this rule, unless the context otherwise
23 requires:
24 (a) "Designated lobbyist" means the a lobbyist who is
25 appointed, by a the principal represented by two or more
26 lobbyists, to file expenditure reports that include lobbying
27 expenditures made directly by the principal the Consolidated
28 Expenditure Report.
29 (b) "Legislative action" means introduction,
30 sponsorship, testimony, debate, voting, or any other official
31 action on any measure, resolution, amendment, nomination,
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1 appointment, or report of, or any matter which may be the
2 subject of action by, either house of the Legislature or any
3 committee thereof.
4 (c) "Lobby" or "lobbying" means influencing or
5 attempting to influence legislative action or nonaction
6 through oral or written communication or an attempt to obtain
7 the goodwill of a member or employee of the Legislature.
8 (d) "Lobbyist" means a person who is employed and
9 receives payment, or who contracts for economic consideration,
10 for the purpose of lobbying, or a person who is principally
11 employed for governmental affairs by another person or
12 governmental entity to lobby on behalf of that other person or
13 governmental entity. An employee of the principal is not a
14 "lobbyist" unless the employee is principally employed for
15 governmental affairs. "Principally employed for governmental
16 affairs" means that one of the principal or most significant
17 responsibilities of the employee to the employer is overseeing
18 the employer's various relationships with government or
19 representing the employer in its contacts with government.
20 Any person employed by any executive, judicial, or
21 quasi-judicial department of the state or any community
22 college of the state who seeks to encourage the passage,
23 defeat, or modification of any legislation by personal
24 appearance or attendance before the House of Representatives
25 or the Senate, or any member or committee thereof, is a
26 lobbyist.
27 (e) "Payment" or "salary" means wages or any other
28 consideration provided in exchange for services, but does not
29 include reimbursement for expenses.
30 (f) "Principal" means the person, firm, corporation,
31 or other entity which has employed or retained a lobbyist.
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1 When an association has employed or retained a lobbyist, the
2 association is the principal; the individual members of the
3 association are not principals merely because of their
4 membership in the association.
5 (3) For purposes of this rule, the terms "lobby" and
6 "lobbying" do not include any of the following:
7 (a) Response to an inquiry for information by any
8 member, committee, or staff of the Legislature.
9 (b) An appearance in response to a legislative
10 subpoena.
11 (c) Advice or services which arise out of a
12 contractual obligation with the Legislature, a member, a
13 committee, any staff, or any legislative entity to render the
14 advice or services where such obligation is fulfilled through
15 the use of public funds.
16 (d) Representation of a client before the House of
17 Representatives or the Senate, or any member or committee
18 thereof, when the client is subject to disciplinary action by
19 the House of Representatives or the Senate, or any member or
20 committee thereof.
21 (4) For purposes of registration and reporting, the
22 term "lobbyist" does not include any of the following:
23 (a) A member of the Legislature.
24 (b) A person who is employed by the Legislature.
25 (c) A judge who is acting in that judge's official
26 capacity.
27 (d) A person who is a state officer holding elective
28 office or an officer of a political subdivision of the state
29 holding elective office and who is acting in that officer's
30 official capacity.
31
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1 (e) A person who appears as a witness or for the
2 purpose of providing information at the written request of the
3 chair of a committee, subcommittee, or legislative delegation.
4 (f) A person employed by any executive, judicial, or
5 quasi-judicial department of the state or community college of
6 the state who makes a personal appearance or attendance before
7 the House of Representatives or the Senate, or any member or
8 committee thereof, while that person is on approved leave or
9 outside normal working hours, and who does not otherwise meet
10 the definition of lobbyist.
11 (5) When a person, whether or not the person is
12 registered as a lobbyist, appears before a committee of the
13 Legislature, that person must submit a Committee Appearance
14 Record on a form to be provided by the respective house.
15
16 1.2--Method of Registration
17 (1) Each person who is required to register under
18 Joint Senate and House Rule 1.1 must register on forms
19 furnished by the Joint Legislative Management Committee, on
20 which that person must state, under oath, that person's name,
21 business address, and phone number, the name and business
22 address of each principal that person represents, the areas of
23 that person's legislative interest, and the extent of any
24 direct business association or partnership that person has
25 with any member of the Legislature. The Joint Legislative
26 Management Committee or its designee is authorized to
27 acknowledge the oath of any person who registers in person.
28 Any changes to the information provided in the registration
29 form must be reported to the Joint Legislative Management
30 Committee in writing within 15 days.
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1 (2) Any person required to register must do so with
2 respect to each principal prior to commencement of lobbying on
3 behalf of that principal. At the time of registration, the
4 registrant shall provide a statement signed by the principal
5 or principal's representative that the registrant is
6 authorized to represent the principal. Any person required to
7 register must renew the registration annually, in accordance
8 with Joint Senate and House Rule 1.3.
9 (3) If a principal has one lobbyist registered,
10 another lobbyist for that principal shall not be allowed to
11 register until one of the lobbyists has been appointed by the
12 principal in writing to the Joint Legislative Management
13 Committee as the principal's designated lobbyist for
14 expenditure reporting. A principal may appoint its first
15 registered lobbyist as the designated lobbyist upon that
16 lobbyist's registration and may change its designated lobbyist
17 at any time.
18 (4) A lobbyist shall promptly send a written statement
19 to the Joint Legislative Management Committee cancelling the
20 registration for a principal upon termination of the
21 lobbyist's representation of that principal. Notwithstanding
22 this requirement, the Joint Legislative Management Committee
23 may remove the name of a lobbyist from the list of registered
24 lobbyists if the principal notifies the joint committee that
25 the lobbyist is no longer authorized to represent that
26 principal. Each person who registers must submit quarterly to
27 the Joint Legislative Management Committee, on forms furnished
28 by the committee, a signed and certified statement listing all
29 lobbying expenditures and sources of funds for those
30 expenditures as required in Joint Senate and House Rule 1.4.
31 Reporting statements shall be filed on April 15, July 15,
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1 October 15, and January 15 of each year and shall include the
2 expenditures for the periods from January 1 through March 31,
3 April 1 through June 30, July 1 through September 30, and
4 October 1 through December 31, respectively. The reporting
5 statement filed on January 15 shall also include cumulative
6 totals for the previous calendar year. A reporting statement
7 shall be considered timely filed if it is postmarked by the
8 specified date. A request for an extension of time may be
9 filed with the Joint Legislative Management Committee, on
10 forms provided by the committee. The request for an extension
11 must be signed and indicate that expenditures were incurred
12 for the reporting period. An extension of 75 days shall be
13 automatically granted as long as an extension request is filed
14 by the date the reporting statement is due. To obtain an
15 extension for a Consolidated Expenditure Report, the
16 designated lobbyist must request the extension, and the
17 extension shall cover all reports necessary to prepare the
18 Consolidated Expenditure Report. A statement need not be
19 filed for a reporting period if no expenditures have been made
20 during that reporting period. However, the registrant shall
21 certify in the report due January 15 that there were no
22 expenditures during any reporting period for which a report
23 was not filed. Reporting statements, when feasible, may be
24 filed by electronic means.
25 (5) The Joint Legislative Management Committee shall
26 publish on the first Monday of each regular session and weekly
27 thereafter through the end of that session a compilation of
28 the names of persons who have registered and the information
29 contained in their registrations.
30 (6) The Joint Legislative Management Committee shall
31 retain all original documents submitted under this section.
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1 (7) A person who is required to register under this
2 rule, or who chooses to register, shall be considered a
3 lobbyist of the Legislature for the purposes of sections
4 112.3148 and 112.3149, Florida Statutes, relating to reporting
5 and prohibited receipt of gifts and honoraria.
6
7 1.3--Registration Costs; Exemptions
8 (1) To cover the costs incurred in administering this
9 joint policy, each person who registers under Joint Senate and
10 House Rule 1.1 must pay an annual registration fee to the
11 Joint Legislative Management Committee. The annual period
12 runs from January 1 to December 31. These fees must be paid
13 at the time of registration.
14 (2) The following persons are exempt from paying the
15 fee, provided they are designated in writing by the agency
16 head or person designated in this subsection:
17 (a) Two employees of each department of the executive
18 branch created under chapter 20, Florida Statutes.
19 (b) Two employees of the Game and Fresh Water Fish
20 Commission.
21 (c) Two employees of the Executive Office of the
22 Governor.
23 (d) Two employees of the Commission on Ethics.
24 (e) Two employees of the Florida Public Service
25 Commission.
26 (f) Two employees of the judicial branch designated in
27 writing by the Chief Justice of the Florida Supreme Court.
28 (3) The annual fee is up to $50 per each house for a
29 person to register to represent one principal and up to an
30 additional $10 per house for each additional principal that
31 the person registers to represent. The amount of each fee
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1 shall be established annually by the Joint Legislative
2 Management Committee. The fees set shall be adequate to
3 ensure operation of the lobbyist registration and reporting
4 operations of the Joint Legislative Management Committee. The
5 fees collected by the Joint Legislative Management Committee
6 under this joint policy shall be deposited in the State
7 Treasury and credited to the appropriation for legislative
8 expenses specifically to cover the costs incurred in
9 administering this joint policy.
10
11 1.4--Periodic Reports Required
12 (1) REPORTING DATES.--Each person who registers
13 pursuant to Joint Senate and House Rule 1.2 must submit to the
14 Joint Legislative Management Committee, on forms provided by
15 the joint committee and for each reporting period required by
16 this rule, a signed and certified statement listing all
17 lobbying expenditures during the reporting period and the
18 sources of funds for those expenditures as required in this
19 rule. Reporting statements shall be filed no later than 45
20 days after the end of the reporting period. Unless a special
21 session is called, only two reports are required each calendar
22 year. The first report shall disclose expenditures made from
23 January 1 through the date of adjournment of the regular
24 session of the Legislature, including an extension, if any.
25 The second report shall disclose expenditures for the
26 remainder of the calendar year. However, whenever the
27 Legislature convenes in a special session, a separate,
28 supplemental report is required which shall disclose all
29 expenditures incurred during the period since the end of the
30 period covered by the last previous report required to be
31 filed through adjournment of that special session. Following
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1 adjournment of a special session for which a separate,
2 supplemental report is required, the next report required to
3 be filed shall disclose all expenditures incurred from the
4 date of adjournment of that special session through the end of
5 the reporting period applicable to that next required report.
6 It is the intent of this rule that each reporting period be
7 separate from every other reporting period and that each
8 expenditure be reported just once. In addition, any reporting
9 statement may be filed by electronic means, when feasible.
10 (2) TIMELINESS OF REPORTS.--Reports shall be filed not
11 later than 5 p.m. of the report due date. However, any report
12 that is postmarked by the United States Postal Service no
13 later than midnight of the due date shall be deemed to have
14 been filed in a timely manner. A certificate of mailing
15 obtained from and dated by the United States Postal Service at
16 the time of the mailing, or a receipt from an established
17 courier company which bears a date on or before the due date,
18 shall be proof of mailing in a timely manner.
19 (3) LOBBYIST'S EXPENDITURE REPORT.--
20 (a) The Lobbyist's Expenditure Report shall include
21 the name of the lobbyist and the name of the principal on whom
22 the report is prepared. Expenditures for the reporting period
23 shall be reported by the following categories: Food and
24 Beverages; Entertainment; Research; Communications; Media
25 Advertising; Publications; Travel; Lodging; Special Events;
26 and Other. For each expenditure category, the report must
27 identify the amount paid directly by the lobbyist, directly by
28 the principal, initiated or expended by the lobbyist and paid
29 for by the principal, or initiated or expended by the
30 principal and paid for by the lobbyist. Forms shall be
31 provided by the Joint Legislative Management Committee.
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1 (b) A lobbyist shall file a Lobbyist's Expenditure
2 Report for each principal represented.
3 (c) When a principal has two or more lobbyists, the
4 principal shall designate one lobbyist who will be responsible
5 for filing a report which discloses the expenditures made
6 directly by the principal and the expenditures of the
7 designated lobbyist on behalf of the principal. The
8 designated lobbyist is responsible for making a good faith
9 effort to obtain the figures reported as lobbying expenditures
10 made by the principal.
11 (d) When there are multiple lobbyists, only the
12 designated lobbyist is to report expenditures made directly by
13 the principal. When there are multiple lobbyists, only
14 unduplicated amounts should be reported for expenditures
15 initiated or expended by the lobbyist and paid for by the
16 principal.
17 (e) The principal is responsible for the accuracy of
18 the figures submitted to the lobbyist for reporting, and the
19 lobbyist is responsible for the accuracy of the figures
20 reported as lobbying expenditures made by that lobbyist.
21 (4) EXPENDITURES.--
22 (a)(1) Definitions MANNER OF REPORTING.--
23 1. All lobbying expenditures shall be reported on an
24 Individual Lobbyist's Expenditure Report or a Consolidated
25 Expenditure Report. An "Expenditure" means a payment,
26 distribution, loan, advance, reimbursement, deposit, or
27 anything of value made or controlled, directly or indirectly,
28 by a lobbyist or principal for the purpose of lobbying. Each
29 reporting individual shall make a good faith effort to report
30 an expenditure and to report it in the appropriate category.
31 If an expenditure fits in two or more categories, it shall be
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1 reported in the category to which the expense primarily
2 relates. When an expenditure is not within any defined
3 category, it should be reported in the "Other" category.
4 Expenditures shall be accounted for and reported on an either
5 a cash or accrual accounting basis. The basis selected shall
6 be designated in the space provided on the applicable
7 expenditure report and shall be the basis consistently used,
8 during the entire calendar year, for reporting quarterly and
9 annual expenditures.
10 2. "Accrual accounting basis" means the method of
11 accounting that recognizes expenses during the period in which
12 they are incurred regardless of when they are actually paid.
13 (b)(2) Goodwill expenditures.--An expenditure shall be
14 considered to have been intended to be for the purpose of
15 engendering goodwill if it is a gift, an entertainment, any
16 food or beverage, or any other item or service of similar
17 personal benefit to a member or an employee of the
18 Legislature, unless the member or employee is a relative of
19 the lobbyist. A relative is an individual who is related to
20 the member or employee as father, mother, son, daughter,
21 brother, sister, uncle, aunt, first cousin, nephew, niece,
22 husband, wife, father-in-law, mother-in-law, son-in-law,
23 daughter-in-law, brother-in-law, sister-in-law, stepfather,
24 stepmother, stepson, stepdaughter, stepbrother, stepsister,
25 half brother, half sister, grandparent, great grandparent,
26 grandchild, great grandchild, step grandparent, step great
27 grandparent, step grandchild, or step great grandchild; any
28 person who is engaged to be married to the member or employee
29 or who otherwise holds himself or herself out as or is
30 generally known as the person whom the member or employee
31 intends to marry or with whom the member or employee intends
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1 to form a household; or any other natural person having the
2 same legal residence as the member or employee.
3 (c)(3) Expenditure categories.--Each reporting
4 individual shall make a good faith effort to report an
5 expenditure and to report it in the appropriate category. If
6 an expenditure fits in two or more categories, it shall be
7 reported in the category to which the expense primarily
8 relates. When an expenditure is not within any defined
9 category, it should be reported in the "Other" category. The
10 categories of expenditures used in this rule are as follows:
11 (a)1.a. "Communications" means dissemination of
12 information, including, but not limited to, by means of the
13 following:
14 I.a. Audio-visual materials; and
15 II.b. Signs, placards, banners, buttons, promotional
16 materials, and other display materials;
17
18 together with any associated production services.
19 b.2. This category does not include media advertising,
20 publications, or research.
21 2.(b) "Entertainment" means amusement or recreation,
22 including, but not limited to, sporting, hunting, fishing,
23 theatrical, artistic, cultural, and musical activities or
24 events.
25 3.(c) "Food and Beverages" means meals, snacks or
26 other edible substances, or liquids for drinking, including
27 services associated therewith.
28 4.(d) "Lodging" means sleeping or living
29 accommodations for an individual for one or more nights.
30 5.(e) "Media Advertising" means newspaper and magazine
31 advertising, radio and television advertising, and outdoor
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1 advertising, including production services and copyrighting
2 services.
3 6.(f) "Other" means any item or service that is not
4 included within one of the specified categories, but does not
5 include any item or service that is not required by law to be
6 reported.
7 7.(g) "Publications" means mass-produced, printed
8 materials, including, but not limited to, magazines,
9 newsletters, brochures, or pamphlets, which expressly
10 encourage persons to communicate with members or employees of
11 the Legislature to influence the official actions of members
12 or employees of the Legislature or which are designed to
13 communicate with members or employees of the Legislature.
14 8.(h) "Research" means procurement of information
15 relating to a specific issue, regardless of the form or medium
16 in which that information is provided, including, but not
17 limited to, surveys, bill-tracking services, information
18 services, periodicals, and consultants or consultant services
19 to gather data or statistics.
20 9.(i) "Special Events" means large-scale occurrences,
21 including, but not limited to, receptions, banquets, dinners,
22 or legislative days, to which more than 250 persons are
23 invited and for which the expenditures associated with hosting
24 the occurrence are negotiated with a catering service or
25 facility at a single, set price or which include multiple
26 expenditure categories.
27 10.(j) "Travel" means transporting an individual from
28 one place to another, regardless of the means used.
29 (d)(4) Items that are not expenditures.--The term
30 "expenditure" does not include:
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1 1.(a) Contributions or expenditures reported pursuant
2 to chapter 106, Florida Statutes; campaign-related personal
3 services provided without compensation by individuals
4 volunteering their time; or any other contribution or
5 expenditure by a political party.
6 2.(b) A lobbyist's or principal's salary, office
7 expenses, and personal expenses for lodging, meals, and
8 travel. If the principal is a firm, corporation, association,
9 or person, other than a natural person, the office expenses of
10 the entity and the salaries of the officers of the entity, as
11 well as expenses for their lodging, meals, and travel, are not
12 lobbying expenditures. Office expenses include, but are not
13 limited to, payment or obligation for rent or mortgage,
14 utilities, postage, telephone service, employees' salaries,
15 furniture, copies, computers, software, paper supplies, and
16 custodial or maintenance services. Communications,
17 publications, and research are office expenses if performed or
18 produced by the lobbyist or principal or their employees. If
19 those functions are performed by independent contractors,
20 other than the lobbyist or principal or an affiliate
21 controlled by the principal, they are expenditures reportable
22 under the appropriate expenditure category.
23 3.(c) If an expense is incurred for a nonlobbying
24 business purpose and the product of that expense is later used
25 for a lobbying purpose, a reportable expenditure is not
26 created.
27 (e)(5) Valuation of expenditures.--
28 1.(a) In calculating the amount of aggregate
29 expenditures, a lobbyist or principal may, prior to prorating,
30 round each entry up or down to the nearest $5. A record is
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1 not required to be maintained for any amount that rounds to
2 zero.
3 2.(b) The amount to be reported for an expenditure
4 shall be determined using the actual cost to the lobbyist or
5 principal or other person making the payment on behalf of the
6 lobbyist or principal, less any compensation received by such
7 lobbyist or principal in payment for the object of the
8 expenditure. If a lobbyist or principal makes a contribution
9 to an expenditure by another lobbyist or principal, the person
10 making the contribution shall report the amount of the
11 contribution as an expenditure, and the person receiving the
12 contribution shall subtract the value of the contribution from
13 the expenditure to be reported by that person.
14 3.(c) When a lobbyist has multiple principals,
15 expenditures made for the purpose of engendering goodwill that
16 are not attributable to one principal may be prorated among
17 the lobbyist's principals or may be attributed to one
18 principal.
19 4.(d) When a lobbyist has multiple principals,
20 expenditures for research or other expenditures that may
21 benefit several principals may be reported to the principal
22 for whom the research was done or other expenditures incurred
23 or prorated to those principals that may benefit from the
24 research or other expenditures.
25 5.(e) The amount reported as an expenditure shall not
26 include the amount of any additional expenses that are
27 required as a condition precedent to eligibility to make an
28 expenditure if the amount expended for the condition precedent
29 is primarily intended to be for a purpose other than lobbying
30 or if it is paid to a charitable organization. If the amount
31 expended for the condition precedent is primarily intended to
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1 be for a lobbying purpose and is not paid to a charitable
2 organization, the total amount of the expenditure shall be
3 reported as a lobbying expenditure. Initiation fees,
4 membership fees, and booster fees are examples, although not
5 exclusive examples, of additional expenses that are regularly
6 required as conditions precedent for eligibility to make other
7 expenditures.
8 6.(f) A person providing transportation in a private
9 automobile shall be considered to be making an expenditure at
10 the rate of 20 cents per mile, and the amount of an
11 expenditure made for transportation provided in other private
12 conveyances shall be determined in accordance with the
13 provisions of section 112.3148(7), Florida Statutes.
14 7.(g) A person providing lodging in a private
15 residence shall be considered to be making an expenditure of
16 $29 per night.
17 8.(h) Expenditures made for more than one person may
18 be attributed, on a pro rata basis, among all of the persons
19 for whom the expenditure is made.
20 (5) AGGREGATION OF EXPENDITURE FIGURES.--For each
21 reporting period, the Joint Legislative Management Committee
22 shall aggregate the expenditures reported by all of the
23 lobbyists for a principal represented by more than one
24 lobbyist. Following the last report for each calendar year,
25 the Joint Legislative Management Committee shall provide a
26 total of expenditures reported as spent by and on behalf of
27 each principal for that calendar year.
28 (6) INDIVIDUAL LOBBYIST'S EXPENDITURE REPORT.--
29 (a) When a principal has only one lobbyist, the
30 lobbyist shall file quarterly, as provided in Joint Senate and
31 House Rule 1.2, an Individual Lobbyist's Expenditure Report on
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1 forms provided by the Joint Legislative Management Committee.
2 The report shall include the name of the lobbyist and the name
3 of the principal on whom the report is prepared. Expenditures
4 for the quarter shall be reported by the following categories:
5 Food and Beverages; Entertainment; Research; Communications;
6 Media Advertising; Publications; Travel; Lodging; Special
7 Events; and Other. For each expenditure category, the report
8 must identify the amount paid directly by the lobbyist,
9 directly by the principal, initiated or expended by the
10 lobbyist and paid for by the principal, or initiated or
11 expended by the principal and paid for by the lobbyist. The
12 report filed on January 15 shall contain cumulative totals for
13 the calendar year.
14 (b) A lobbyist shall file an Individual Lobbyist's
15 Expenditure Report for each principal represented, unless a
16 Consolidated Expenditure Report is required to be filed for
17 that principal.
18 (7) CONSOLIDATED EXPENDITURE REPORT.--
19 (a) When a principal has two or more lobbyists, the
20 principal shall designate one lobbyist who will be responsible
21 for filing the Consolidated Expenditure Report. Every
22 lobbyist so designated shall file quarterly, as provided in
23 Joint Senate and House Rule 1.2, a Consolidated Expenditure
24 Report on forms provided by the Joint Legislative Management
25 Committee. The Consolidated Expenditure Report shall include
26 the name of the principal and the names of all of the
27 lobbyists for that principal. A cumulative total by the
28 expenditure categories of Food and Beverages; Entertainment;
29 Research; Communications; Media Advertising; Publications;
30 Travel; Lodging; Special Events; and Other shall be provided
31 for all lobbyists on the report. The Consolidated Expenditure
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1 Report filed on January 15 shall contain cumulative totals for
2 the calendar year.
3 (b) Each lobbyist identified on the Consolidated
4 Expenditure Report must provide an Individual Lobbyist's
5 Expenditure Report to the designated lobbyist, who shall
6 attach all the Individual Lobbyist's Expenditure Reports for
7 that principal, including the Individual Lobbyist's
8 Expenditure Report of the designated lobbyist, to the
9 Consolidated Expenditure Report. The designated lobbyist is
10 responsible for attaching each Individual Lobbyist's
11 Expenditure Report to the Consolidated Expenditure Report and
12 completing the Consolidated Expenditure Report. The
13 designated lobbyist is responsible for making a good faith
14 effort to obtain the figures reported as lobbying expenditures
15 made by the principal; however, the principal is responsible
16 for the accuracy of the figures submitted to the designated
17 lobbyist by the principal. The designated lobbyist is not
18 responsible for the failure of another lobbyist to provide the
19 Individual Lobbyist's Expenditure Report to the designated
20 lobbyist and is not responsible for the contents of any
21 Individual Lobbyist's Expenditure Report submitted by another
22 lobbyist.
23 (c) When there are multiple lobbyists, only the
24 designated lobbyist is to report expenditures made directly by
25 the principal on the Consolidated Expenditure Report. When
26 there are multiple lobbyists, only unduplicated amounts should
27 be reported for expenditures initiated or expended by the
28 lobbyist and paid for by the principal.
29
30 1.5--Penalties for Late Filing
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1 (1) Upon determining that a report is late, the person
2 designated to review the timeliness of reports shall
3 immediately notify the lobbyist as to the failure to timely
4 file the report and that a fine is being assessed for each
5 late day. The fine shall be $50 per day per report for each
6 late day.
7 (2) Upon receipt of the report, the person designated
8 to review the timeliness of reports shall determine the amount
9 of the fine due based upon the earliest of the following:
10 (a) When a report is actually received by the lobbyist
11 registration and reporting office;
12 (b) When the report is postmarked;
13 (c) When the certificate of mailing is dated; or
14 (d) When the receipt from an established courier
15 company is dated.
16 (3) Such fine shall be paid within 20 days after
17 receipt of the notice of payment due, unless appeal is made to
18 the Joint Legislative Management Committee. The moneys shall
19 be deposited into the Legislative Lobbyist Registration Trust
20 Fund.
21 (4) A fine shall not be assessed against a lobbyist
22 the first time any reports for which the lobbyist is
23 responsible are not timely filed. However, to receive this
24 one-time fine waiver, all reports for which the lobbyist is
25 responsible must be filed within 20 days after receipt of
26 notice that any reports have not been timely filed. A fine
27 shall be assessed for any subsequent late-filed reports.
28 (5) The person designated to review the timeliness of
29 reports shall notify the Joint Legislative Management
30 Committee of the failure of a lobbyist to file a report after
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1 notice or of the failure of a lobbyist to pay the fine
2 imposed.
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4 1.6--Appeal of Fines; Hearings; Unusual Circumstances
5 (1) A lobbyist wishing to appeal or dispute a fine
6 imposed in accordance with Joint Senate and House Rule 1.5
7 shall file with the Lobbyist Registration Office of the Joint
8 Legislative Management Committee a notice of appeal within 20
9 days after the date of receipt of the notice of payment due,
10 setting out with specificity the unusual circumstances
11 surrounding the failure to file on the designated due date. A
12 request for a hearing on the matter before the Joint
13 Legislative Management Committee must be made within the same
14 20-day period. The notice of appeal may be accompanied by any
15 documentation or evidence supporting the claim. Failure to
16 timely file a notice of appeal as described in this subsection
17 shall constitute a waiver of the right to appeal or to dispute
18 a fine.
19 (2) The Joint Legislative Management Committee may
20 waive the fine in whole or in part for good cause shown based
21 on the unusual circumstances presented by the lobbyist.
22 (3) The term "unusual circumstances" for the purposes
23 of this rule means uncommon, rare, or sudden events over which
24 the person has no control and which directly result in the
25 failure to meet the filing requirements.
26
27 1.71.5--Questions Regarding Registration
28 (1) A person may request in writing an informal
29 opinion from the general counsel of the Joint Legislative
30 Management Committee as to the application of this rule to a
31 specific situation. The general counsel shall issue the
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1 opinion within 10 days after receiving the request. The
2 informal opinion may be relied upon by the person who
3 requested the informal opinion. A copy of each informal
4 opinion which is issued shall be provided to the presiding
5 officer of each house. The committees designated under
6 section 11.045(4), Florida Statutes, may revise any informal
7 opinion rendered by the general counsel through an advisory
8 opinion to the person who requested the informal opinion. The
9 advisory opinion shall supersede the informal opinion as of
10 the date the advisory opinion is issued.
11 (2) Persons in doubt about the applicability or
12 interpretation of this rule may submit in writing the facts
13 for an advisory opinion to the committee of the respective
14 house designated pursuant to section 11.045(4), Florida
15 Statutes, and may appear in person before the committee in
16 accordance with section 11.045(4), Florida Statutes.
17
18 1.81.6--Open Records
19 All of the lobbyist registration and expenditure
20 reports received by the Joint Legislative Management Committee
21 shall be available for public inspection and for duplication
22 at reasonable cost.
23
24 1.91.7--Records Retention and Inspection
25 Each lobbyist and each principal shall preserve for a
26 period of 4 years all accounts, bills, receipts, computer
27 records, books, papers, and other documents and records
28 necessary to substantiate lobbying expenditures. Upon receipt
29 of a complaint based upon the personal knowledge of the
30 complainant made pursuant to the Senate Rules or Rules of the
31 House of Representatives, any such documents and records may
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1 be inspected when authorized by the President of the Senate or
2 the Speaker of the House of Representatives, as applicable.
3 The person authorized to perform the inspection shall be
4 designated in writing and shall be a member of The Florida Bar
5 or a certified public accountant licensed in Florida. Any
6 information obtained by such an inspection may only be used
7 for purposes authorized by law, this rule, Senate Rules, or
8 Rules of the House of Representatives, which purposes may
9 include the imposition of sanctions against a person subject
10 to this rule or Senate Rules or the Rules of the House of
11 Representatives. Any employee who uses that information for
12 an unauthorized purpose is subject to discipline. Any member
13 who uses that information for an unauthorized purpose is
14 subject to discipline under the applicable rules of each
15 house. The right of inspection may be enforced by appropriate
16 writ issued by any court of competent jurisdiction.
17 (1) For the period from July 1, 1993, to September 30,
18 1993, the statement of expenditures required by section
19 11.045, Florida Statutes (1991), shall be filed no later than
20 January 15, 1994. For the period from October 1, 1993, to
21 December 31, 1993, the applicable lobbyist report shall be
22 filed as provided in Joint Senate and House Rule 1.4; however,
23 cumulative totals are not required for calendar year 1993.
24 (2) Until January 1, 1995, the annual fee is $50 per
25 each house of the Legislature for a person to register to
26 represent a principal and an additional $10 per house for each
27 additional principal that the person registers to represent.
28 (3) For persons who have paid the registration fee for
29 the period July 1, 1992, to June 30, 1994, the registration is
30 valid through June 30, 1994, and those persons may renew their
31 registration for calendar year 1994 at a rate of one-half the
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1 rate specified in subsection (2). Those renewal registrations
2 expire on December 31, 1994.
3 (4) All persons who were required to register under
4 Joint Senate and House Rule One as it existed on October 1,
5 1993, and who registered between that date and the date of
6 adoption of the revisions to Joint Senate and House Rule One
7 by this concurrent resolution, but who, under the revisions to
8 Joint Senate and House Rule One by this concurrent resolution
9 are no longer required to register, may, within 14 days after
10 adoption of the revisions to Joint Senate and House Rule One
11 by this concurrent resolution, withdraw from registration and
12 receive a refund of all fees paid.
13 (5) All persons who were not required to register
14 under Joint Senate and House Rule One as it existed on October
15 1, 1993, but who are required to register under the revisions
16 to Joint Senate and House Rule One by this concurrent
17 resolution, are given until January 1, 1994, to comply with
18 the registration requirements of this rule.
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