Senate Bill 0718

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    Florida Senate - 2000                                   SB 718

    By Senator McKay





    26-349B-00

  1                      A bill to be entitled

  2         An act relating to legislative lobbying;

  3         amending s. 11.045, F.S.; revising procedures

  4         for appointing a designated lobbyist to

  5         represent a principal that is represented by

  6         two or more lobbyists; requiring that a

  7         lobbyist file an expenditure report for each

  8         period during which the lobbyist is registered;

  9         requiring a principal that retains a lobbyist

10         to ensure that expenditure reports are properly

11         filed with the Division of Legislative

12         Information Services within the Office of

13         Legislative Services; revising the period for

14         filing expenditure reports; deleting a

15         requirement that certain supplemental reports

16         be filed; limiting the amount of certain fines

17         that may be assessed against a lobbyist;

18         revising the period for paying fines;

19         authorizing the President of the Senate and the

20         Speaker of the House of Representatives to

21         waive the required filing of an expenditure

22         report; providing for the automatic suspension

23         of a lobbyist's registration following failure

24         to pay a fine; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsection (3) of section 11.045, Florida

29  Statutes, is amended to read:

30         11.045  Lobbyists; registration and reporting;

31  exemptions; penalties.--

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    Florida Senate - 2000                                   SB 718
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  1         (3)  Each house of the Legislature shall provide by

  2  rule the following reporting requirements:

  3         (a)  Statements shall be filed by all registered

  4  lobbyists two times per year and after each special session of

  5  the Legislature, which must statements shall disclose all

  6  lobbying expenditures by the lobbyist and the principal and

  7  the source of funds for such expenditures.  All expenditures

  8  made by the lobbyist and the principal for the purpose of

  9  lobbying must be reported. Reporting of expenditures shall be

10  made on an accrual basis. The report of such expenditures must

11  identify whether the expenditure was made directly by the

12  lobbyist, directly by the principal, initiated or expended by

13  the lobbyist and paid for by the principal, or initiated or

14  expended by the principal and paid for by the lobbyist. The

15  principal is responsible for the accuracy of the expenditures

16  reported as lobbying expenditures made by the principal.  The

17  lobbyist is responsible for the accuracy of the expenditures

18  reported as lobbying expenditures made by the lobbyist.

19  Expenditures made must be reported by the category of the

20  expenditure, including, but not limited to, the categories of

21  food and beverages, entertainment, research, communication,

22  media advertising, publications, travel, and lodging.

23  Lobbying expenditures do not include a lobbyist's or

24  principal's salary, office expenses, and personal expenses for

25  lodging, meals, and travel.

26         (b)  If a principal is represented by two or more

27  lobbyists, the first lobbyist who registers to represent that

28  principal shall be the designated lobbyist. The designated

29  lobbyist's A principal who is represented by two or more

30  lobbyists shall designate one lobbyist whose expenditure

31  report shall include all lobbying expenditures made directly

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    Florida Senate - 2000                                   SB 718
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  1  by the principal and those expenditures of the designated

  2  lobbyist on behalf of that principal as required by paragraph

  3  (a). All other lobbyists registered to represent that

  4  principal shall file a report pursuant to paragraph (a).  The

  5  report of lobbying expenditures by the principal shall be made

  6  pursuant to the requirements of paragraph (a).  The principal

  7  is responsible for the accuracy of figures reported by the

  8  designated lobbyist as lobbying expenditures made directly by

  9  the principal. The designated lobbyist is responsible for the

10  accuracy of the figures reported as lobbying expenditures made

11  by that lobbyist. Each lobbyist shall file an expenditure

12  report for each period during any portion of which he or she

13  was registered, and each principal shall ensure that an

14  expenditure report is filed for each period during any portion

15  of which the principal was represented by a registered

16  lobbyist.

17         (c)  For each reporting period the division shall

18  aggregate the expenditures reported by all of the lobbyists

19  for a principal represented by more than one lobbyist.

20  Further, the division shall aggregate figures that provide a

21  cumulative total of expenditures reported as spent by and on

22  behalf of each principal for the calendar year.

23         (d)  The reporting statements shall be filed no later

24  than 45 days after the end of the reporting period. The first

25  report shall include the expenditures for the period from

26  January 1 through June 30 the date of adjournment of the

27  regular session of the Legislature, including an extension, if

28  any. The second report shall disclose expenditures for the

29  period from July 1 through December 31 the remainder of the

30  calendar year. A supplemental report shall be filed no later

31  than 45 days after each special session of the Legislature

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    Florida Senate - 2000                                   SB 718
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  1  which shall disclose expenditures incurred during the period

  2  since the filing of the last previous report through

  3  adjournment of the special session.  The statements shall be

  4  rendered in the identical form provided by the respective

  5  houses and shall be open to public inspection.  Reporting

  6  statements may be filed by electronic means, when feasible.

  7         (e)  Reports shall be filed not later than 5 p.m. of

  8  the report due date.  However, any report that is postmarked

  9  by the United States Postal Service no later than midnight of

10  the due date shall be deemed to have been filed in a timely

11  manner, and a certificate of mailing obtained from and dated

12  by the United States Postal Service at the time of the

13  mailing, or a receipt from an established courier company

14  which bears a date on or before the due date, shall be proof

15  of mailing in a timely manner.

16         (f)  Each house of the Legislature shall provide by

17  rule, or both houses may provide by joint rule, a procedure by

18  which a lobbyist who fails to timely file a report shall be

19  notified and assessed fines.  The rule shall provide for the

20  following:

21         1.  Upon determining that the report is late, the

22  person designated to review the timeliness of reports shall

23  immediately notify the lobbyist as to the failure to timely

24  file the report and that a fine is being assessed for each

25  late day. The fine shall be $50 per day per report for each

26  late day, not to exceed $5,000 per report.

27         2.  Upon receipt of the report, the person designated

28  to review the timeliness of reports shall determine the amount

29  of the fine due based upon the earliest of the following:

30         a.  When a report is actually received by the lobbyist

31  registration and reporting office.

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    Florida Senate - 2000                                   SB 718
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  1         b.  When the report is postmarked.

  2         c.  When the certificate of mailing is dated.

  3         d.  When the receipt from an established courier

  4  company is dated.

  5         3.  Such fine shall be paid within 30 20 days after

  6  receipt of the notice of payment due is transmitted by the

  7  Lobbyist Registration Office, unless appeal is made to the

  8  division.  The moneys shall be deposited into the Legislative

  9  Lobbyist Registration Trust Fund.

10         4.  A fine shall not be assessed against a lobbyist the

11  first time any reports for which the lobbyist is responsible

12  are not timely filed. However, to receive the one-time fine

13  waiver, all reports for which the lobbyist is responsible must

14  be filed within 30 20 days after receipt of notice that any

15  reports have not been timely filed is transmitted by the

16  Lobbyist Registration Office. A fine shall be assessed for any

17  subsequent late-filed reports.

18         5.  Any lobbyist may appeal or dispute a fine, based

19  upon unusual circumstances surrounding the failure to file on

20  the designated due date, and may request and shall be entitled

21  to a hearing before the General Counsel of the Office of

22  Legislative Services, who shall recommend to the President of

23  the Senate and the Speaker of the House of Representatives, or

24  their respective designees, that the fine be waived in whole

25  or in part for good cause shown. The President of the Senate

26  and the Speaker of the House of Representatives, or their

27  respective designees, may concur in the recommendation and

28  waive the fine in whole or in part. Any such request shall be

29  made within 30 20 days after receipt of the notice of payment

30  due is transmitted by the Lobbyist Registration Office.  In

31  such case, the lobbyist shall, within the 30-day 20-day

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    Florida Senate - 2000                                   SB 718
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  1  period, notify the person designated to review the timeliness

  2  of reports in writing of his or her intention to request a

  3  hearing.

  4         6.  A lobbyist, a lobbyist's legal representative, or

  5  the principal of a lobbyist may request that the filing of an

  6  expenditure report be waived upon good cause shown, based on

  7  unusual circumstances. The request must be filed with the

  8  General Counsel of the Office of Legislative Services, who

  9  shall make a recommendation concerning the waiver request to

10  the President of the Senate and the Speaker of the House of

11  Representatives. The President of the Senate and the Speaker

12  of the House of Representatives may grant or deny the request.

13  The registration of a lobbyist who fails to timely pay a fine

14  is automatically suspended until the fine is paid or waived.

15         7.6.  The person designated to review the timeliness of

16  reports shall notify the director of the division of the

17  failure of a lobbyist to file a report after notice or of the

18  failure of a lobbyist to pay the fine imposed.

19         Section 2.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                          SENATE SUMMARY

24    Provides for the first lobbyist who registers to
      represent a principal represented by two or more
25    lobbyists to be the designated lobbyist for that
      principal. Requires that a lobbyist file an expenditure
26    report for each period during which the lobbyist is
      registered. Requires a principal that retains a lobbyist
27    to ensure that expenditure reports are properly filed
      with the Division of Legislative Information Services
28    within the Office of Legislative Services. Requires that
      expenditure reports be filed for the period of January 1
29    through June 30 and the period of July 1 through December
      31. Limits the amount of a fine that may be assessed
30    against a lobbyist to $5,000 per report. Provides a
      procedure to waive the required filing of an expenditure
31    report. Provides that a lobbyist's registration is
      suspended following failure to pay a fine.
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