Senate Bill 0720

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    Florida Senate - 2000                                  SCR 720

    By Senator McKay





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  1              Senate Concurrent Resolution No.     

  2         A concurrent resolution amending Joint Rules 1,

  3         4, 5, and 6 of the Joint Rules of the

  4         Legislature.

  5

  6  Be It Resolved by the Senate of the State of Florida, the

  7  House of Representatives Concurring:

  8

  9         That Joint Rules 1, 4, 5, and 6 of the Joint Rules of

10  the Legislature are amended to read:

11                          JOINT RULE ONE

12               LOBBYIST REGISTRATION AND REPORTING

13

14  1.1--Those Required to Register; Exemptions; Committee

15  Appearance Records

16         (1)  All lobbyists before the Florida Legislature must

17  register with the Lobbyist Registration Office in the Division

18  of Legislative Information Services of the Office of

19  Legislative Services, referred to in Joint Rule One as the

20  Lobbyist Registration Office. Registration is required for

21  each principal represented.

22         (2)  As used in this rule, unless the context otherwise

23  requires:

24         (a)  "Designated lobbyist" means the lobbyist who is

25  appointed, by a principal represented by two or more

26  lobbyists, to file expenditure reports that include lobbying

27  expenditures made directly by the principal.

28         (b)  "Legislative action" means introduction,

29  sponsorship, testimony, debate, voting, or any other official

30  action on any measure, resolution, amendment, nomination,

31  appointment, or report of, or any matter which may be the

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  1  subject of action by, either house of the Legislature or any

  2  committee thereof.

  3         (c)  "Lobby" or "lobbying" means influencing or

  4  attempting to influence legislative action or nonaction

  5  through oral or written communication or an attempt to obtain

  6  the goodwill of a member or employee of the Legislature.

  7         (d)  "Lobbyist" means a person who is employed and

  8  receives payment, or who contracts for economic consideration,

  9  for the purpose of lobbying, or a person who is principally

10  employed for governmental affairs by another person or

11  governmental entity to lobby on behalf of that other person or

12  governmental entity. An employee of the principal is not a

13  "lobbyist" unless the employee is principally employed for

14  governmental affairs. "Principally employed for governmental

15  affairs" means that one of the principal or most significant

16  responsibilities of the employee to the employer is overseeing

17  the employer's various relationships with government or

18  representing the employer in its contacts with government. Any

19  person employed by any executive, judicial, or quasi-judicial

20  department of the state or any community college of the state

21  who seeks to encourage the passage, defeat, or modification of

22  any legislation by personal appearance or attendance before

23  the House of Representatives or the Senate, or any member or

24  committee thereof, is a lobbyist.

25         (e)  "Payment" or "salary" means wages or any other

26  consideration provided in exchange for services, but does not

27  include reimbursement for expenses.

28         (f)  "Principal" means the person, firm, corporation,

29  or other entity that which has employed or retained a

30  lobbyist. When an association has employed or retained a

31  lobbyist, the association is the principal; the individual

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  1  members of the association are not principals merely because

  2  of their membership in the association.

  3         (3)  For purposes of this rule, the terms "lobby" and

  4  "lobbying" do not include any of the following:

  5         (a)  Response to an inquiry for information made by any

  6  member, committee, or staff of the Legislature.

  7         (b)  An appearance in response to a legislative

  8  subpoena.

  9         (c)  Advice or services that which arise out of a

10  contractual obligation with the Legislature, a member, a

11  committee, any staff, or any legislative entity to render the

12  advice or services where such obligation is fulfilled through

13  the use of public funds.

14         (d)  Representation of a client before the House of

15  Representatives or the Senate, or any member or committee

16  thereof, when the client is subject to disciplinary action by

17  the House of Representatives or the Senate, or any member or

18  committee thereof.

19         (4)  For purposes of registration and reporting, the

20  term "lobbyist" does not include any of the following:

21         (a)  A member of the Legislature.

22         (b)  A person who is employed by the Legislature.

23         (c)  A judge who is acting in that judge's official

24  capacity.

25         (d)  A person who is a state officer holding elective

26  office or an officer of a political subdivision of the state

27  holding elective office and who is acting in that officer's

28  official capacity.

29         (e)  A person who appears as a witness or for the

30  purpose of providing information at the written request of the

31  chair of a committee, subcommittee, or legislative delegation.

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  1         (f)  A person employed by any executive, judicial, or

  2  quasi-judicial department of the state or community college of

  3  the state who makes a personal appearance or attendance before

  4  the House of Representatives or the Senate, or any member or

  5  committee thereof, while that person is on approved leave or

  6  outside normal working hours, and who does not otherwise meet

  7  the definition of lobbyist.

  8         (5)  When a person, whether or not the person is

  9  registered as a lobbyist, appears before a committee of the

10  Legislature, that person must submit a Committee Appearance

11  Record on a form to be provided by the respective house.

12

13  1.2--Method of Registration

14         (1)  Each person who is required to register under

15  Joint Senate and House Rule 1.1 must register on forms

16  furnished by the Lobbyist Registration Office, on which that

17  person must state, under oath, that person's full legal name,

18  driver's license number, business address, and phone number,

19  the name and business address of each principal that person

20  represents, the areas of that person's legislative interest,

21  and the extent of any direct business association or

22  partnership that person has with any member of the

23  Legislature. The Lobbyist Registration Office or its designee

24  is authorized to acknowledge the oath of any person who

25  registers in person. Any changes to the information provided

26  in the registration form must be reported to the Lobbyist

27  Registration Office in writing within 15 days on forms

28  furnished by the Lobbyist Registration Office.

29         (2)  Any person required to register must do so with

30  respect to each principal prior to commencement of lobbying on

31  behalf of that principal. At the time of registration, the

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  1  registrant shall provide a statement signed by the principal

  2  or principal's representative that the registrant is

  3  authorized to represent the principal. Any person required to

  4  register must renew the registration annually, in accordance

  5  with Joint Senate and House Rule 1.3.

  6         (3)  If a principal is represented by two or more

  7  lobbyists, the first lobbyist who registers to represent that

  8  principal shall be the designated lobbyist. The principal may

  9  change its designated lobbyist at any time in writing on forms

10  furnished by the Lobbyist Registration Office. Upon

11  termination of the designated lobbyist's representation, the

12  principal shall notify the Lobbyist Registration Office within

13  15 days, on forms furnished by the office, of the appointment

14  of a new designated lobbyist. has one lobbyist registered,

15  another lobbyist for that principal shall not be allowed to

16  register until one of the lobbyists has been appointed by the

17  principal in writing to the Lobbyist Registration Office as

18  the principal's designated lobbyist for expenditure reporting.

19  A principal may appoint its first registered lobbyist as the

20  designated lobbyist upon that lobbyist's registration and may

21  change its designated lobbyist at any time.

22         (4)  A lobbyist shall promptly send a notice to the

23  Lobbyist Registration Office, on forms furnished by the

24  Lobbyist Registration Office, cancelling the registration for

25  a principal upon termination of the lobbyist's representation

26  of that principal. A notice of cancellation takes effect the

27  day it is received by the Lobbyist Registration Office.

28  Notwithstanding this requirement, the Lobbyist Registration

29  Office may remove the name of a lobbyist from the list of

30  registered lobbyists if the principal notifies the Lobbyist

31  Registration Office that the lobbyist is no longer authorized

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  1  to represent that principal. Each lobbyist shall file an

  2  expenditure report for each period during any portion of which

  3  he or she was registered, and each principal shall ensure that

  4  an expenditure report is filed for each period during any

  5  portion of which the principal was represented by a registered

  6  lobbyist.

  7         (5)  The Lobbyist Registration Office shall publish on

  8  the first Monday of each regular session and weekly thereafter

  9  through the end of that session a compilation of the names of

10  persons who have registered and the information contained in

11  their registrations.

12         (6)  The Lobbyist Registration Office shall retain all

13  original documents submitted under this section.

14         (7)  A person who is required to register under this

15  rule, or who chooses to register, shall be considered a

16  lobbyist of the Legislature for the purposes of sections

17  112.3148 and 112.3149, Florida Statutes, relating to the

18  reporting of and the prohibited receipt of gifts and

19  honoraria.

20

21  1.3--Registration Costs; Exemptions

22         (1)  To cover the costs incurred in administering this

23  joint policy, each person who registers under Joint Senate and

24  House Rule 1.1 must pay an annual registration fee to the

25  Lobbyist Registration Office. The annual period runs from

26  January 1 to December 31. These fees must be paid at the time

27  of registration.

28         (2) The following persons are exempt from paying the

29  fee, provided they are designated in writing by the agency

30  head or person designated in this subsection:

31

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  1         (a)  Two employees of each department of the executive

  2  branch created under chapter 20, Florida Statutes.

  3         (b)  Two employees of the Fish and Wildlife

  4  Conservation Commission Game and Fresh Water Fish Commission.

  5         (c)  Two employees of the Executive Office of the

  6  Governor.

  7         (d)  Two employees of the Commission on Ethics.

  8         (e)  Two employees of the Florida Public Service

  9  Commission.

10         (f)  Two employees of the judicial branch designated in

11  writing by the Chief Justice of the Florida Supreme Court.

12         (3)  The annual fee is up to $50 per each house for a

13  person to register to represent one principal and up to an

14  additional $10 per house for each additional principal that

15  the person registers to represent. The amount of each fee

16  shall be established annually by the President of the Senate

17  and the Speaker of the House of Representatives. The fees set

18  shall be adequate to ensure operation of the lobbyist

19  registration and reporting operations of the Lobbyist

20  Registration Office. The fees collected by the Lobbyist

21  Registration Office under this joint policy shall be deposited

22  in the State Treasury and credited to the Legislative Lobbyist

23  Registration Trust Fund specifically to cover the costs

24  incurred in administering this joint policy.

25

26  1.4--Periodic Reports Required

27         (1)  REPORTING DATES.--Each person who registers

28  pursuant to Joint Senate and House Rule 1.2 must submit to the

29  Lobbyist Registration Office, on forms provided by the

30  Lobbyist Registration Office and for each reporting period

31  required by this rule, a signed and certified statement

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  1  listing all lobbying expenditures during the reporting period

  2  and the sources of funds for those expenditures as required in

  3  this rule. Reporting statements shall be filed no later than

  4  45 days after the end of the reporting period. Unless a

  5  special session is called, Only two reports are required each

  6  calendar year. The first report shall disclose expenditures

  7  made from January 1 through June 30 the date of adjournment of

  8  the regular session of the Legislature, including an

  9  extension, if any. The second report shall disclose

10  expenditures for July 1 through December 31 the remainder of

11  the calendar year. However, whenever the Legislature convenes

12  in a special session, a separate, supplemental report is

13  required which shall disclose all expenditures incurred during

14  the period since the end of the period covered by the last

15  previous report required to be filed through adjournment of

16  that special session. Following adjournment of a special

17  session for which a separate, supplemental report is required,

18  the next report required to be filed shall disclose all

19  expenditures incurred from the date of adjournment of that

20  special session through the end of the reporting period

21  applicable to that next required report. It is the intent of

22  this rule that each reporting period be separate from the

23  every other reporting period and that each expenditure be

24  reported just once. In addition, any reporting statement may

25  be filed by electronic means, when feasible.

26         (2)  TIMELINESS OF REPORTS.--Reports shall be filed not

27  later than 5 p.m. of the report due date. However, any report

28  that is postmarked by the United States Postal Service no

29  later than midnight of the due date shall be deemed to have

30  been filed in a timely manner. A certificate of mailing

31  obtained from and dated by the United States Postal Service at

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  1  the time of the mailing, or a receipt from an established

  2  courier company which bears a date on or before the due date,

  3  shall be proof of mailing in a timely manner.

  4         (3)  LOBBYIST'S EXPENDITURE REPORT.--

  5         (a)  The Lobbyist's Expenditure Report shall include

  6  the name of the lobbyist and the name of the principal on whom

  7  the report is prepared. Expenditures for the reporting period

  8  shall be reported by the following categories: Food and

  9  Beverages; Entertainment; Research; Communications; Media

10  Advertising; Publications; Travel; Lodging; Special Events;

11  and Other. For each expenditure category, the report must

12  identify the amount paid directly by the lobbyist, directly by

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

14  for by the principal, or initiated or expended by the

15  principal and paid for by the lobbyist. Forms shall be

16  provided by the Lobbyist Registration Office.

17         (b)  A lobbyist shall file a Lobbyist's Expenditure

18  Report for each principal represented.

19         (c)  When a principal has two or more lobbyists, the

20  designated principal shall designate one lobbyist who will be

21  responsible for filing a report that which discloses the

22  expenditures made directly by the principal and the

23  expenditures of the designated lobbyist on behalf of the

24  principal. The designated lobbyist is responsible for making a

25  good faith effort to obtain the figures reported as lobbying

26  expenditures made by the principal.

27         (d)  When there are multiple lobbyists, only the

28  designated lobbyist is to report expenditures made directly by

29  the principal. When there are multiple lobbyists, only

30  unduplicated amounts should be reported for expenditures

31

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  1  initiated or expended by the lobbyist and paid for by the

  2  principal.

  3         (e)  The principal is responsible for the accuracy of

  4  the figures submitted to the lobbyist for reporting, and the

  5  lobbyist is responsible for the accuracy of the figures

  6  reported as lobbying expenditures made by that lobbyist. The

  7  principal shall sign the expenditure report submitted by the

  8  principal's sole or designated lobbyist.

  9         (4)  EXPENDITURES.--

10         (a)  Definitions.--

11         1.  "Expenditure" means a payment, distribution, loan,

12  advance, reimbursement, deposit, or anything of value made or

13  controlled, directly or indirectly, by a lobbyist or principal

14  for the purpose of lobbying. Expenditures shall be accounted

15  for and reported on an accrual accounting basis.

16         2.  "Accrual accounting basis" means the method of

17  accounting that recognizes expenses during the period in which

18  they are incurred regardless of when they are actually paid.

19         (b)  Goodwill expenditures.--An expenditure shall be

20  considered to have been intended to be for the purpose of

21  engendering goodwill if it is a gift, an entertainment, any

22  food or beverage, or any other item or service of similar

23  personal benefit to a member or an employee of the

24  Legislature, unless the member or employee is a relative of

25  the lobbyist. A relative is an individual who is related to

26  the member or employee as father, mother, son, daughter,

27  brother, sister, uncle, aunt, first cousin, nephew, niece,

28  husband, wife, father-in-law, mother-in-law, son-in-law,

29  daughter-in-law, brother-in-law, sister-in-law, stepfather,

30  stepmother, stepson, stepdaughter, stepbrother, stepsister,

31  half brother, half sister, grandparent, great grandparent,

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  1  grandchild, great grandchild, step grandparent, step great

  2  grandparent, step grandchild, or step great grandchild; any

  3  person who is engaged to be married to the member or employee

  4  or who otherwise holds himself or herself out as or is

  5  generally known as the person whom the member or employee

  6  intends to marry or with whom the member or employee intends

  7  to form a household; or any other natural person having the

  8  same legal residence as the member or employee.

  9         (c)  Expenditure categories.--Each reporting individual

10  shall make a good faith effort to report an expenditure and to

11  report it in the appropriate category. If an expenditure fits

12  in two or more categories, it shall be reported in the

13  category to which the expense primarily relates. When an

14  expenditure is not within any defined category, it should be

15  reported in the "Other" category. The categories of

16  expenditures used in this rule are as follows:

17         1.a.  "Communications" means dissemination of

18  information, including, but not limited to, by means of the

19  following:

20         I.  Audio-visual materials; and

21         II.  Signs, placards, banners, buttons, promotional

22  materials, and other display materials;

23

24  together with any associated production services.

25         b.  This category does not include media advertising,

26  publications, or research.

27         2.  "Entertainment" means amusement or recreation,

28  including, but not limited to, sporting, hunting, fishing,

29  theatrical, artistic, cultural, and musical activities or

30  events.

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  1         3.  "Food and Beverages" means meals, snacks or other

  2  edible substances, or liquids for drinking, including services

  3  associated therewith.

  4         4.  "Lodging" means sleeping or living accommodations

  5  for an individual for one or more nights.

  6         5.  "Media Advertising" means newspaper and magazine

  7  advertising, radio and television advertising, and outdoor

  8  advertising, including production services and copyrighting

  9  services.

10         6.  "Other" means any item or service that is not

11  included within one of the specified categories, but does not

12  include any item or service that is not required by law to be

13  reported.

14         7.  "Publications" means mass-produced, printed

15  materials, including, but not limited to, magazines,

16  newsletters, brochures, or pamphlets, which expressly

17  encourage persons to communicate with members or employees of

18  the Legislature to influence the official actions of members

19  or employees of the Legislature or which are designed to

20  communicate with members or employees of the Legislature.

21         8.  "Research" means procurement of information

22  relating to a specific issue, regardless of the form or medium

23  in which that information is provided, including, but not

24  limited to, surveys, bill-tracking services, information

25  services, periodicals, and consultants or consultant services

26  to gather data or statistics.

27         9.  "Special Events" means large-scale occurrences,

28  including, but not limited to, receptions, banquets, dinners,

29  or legislative days, to which more than 250 persons are

30  invited and for which the expenditures associated with hosting

31  the occurrence are negotiated with a catering service or

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  1  facility at a single, set price or which include multiple

  2  expenditure categories.

  3         10.  "Travel" means transporting an individual from one

  4  place to another, regardless of the means used.

  5         (d)  Items that are not expenditures.--The term

  6  "expenditure" does not include:

  7         1.  Contributions or expenditures reported pursuant to

  8  chapter 106, Florida Statutes; campaign-related personal

  9  services provided without compensation by individuals

10  volunteering their time; or any other contribution or

11  expenditure by a political party.

12         2.  A lobbyist's or principal's salary, office

13  expenses, and personal expenses for lodging, meals, and

14  travel. If the principal is a firm, corporation, association,

15  or person, other than a natural person, the office expenses of

16  the entity and the salaries of the officers of the entity, as

17  well as expenses for their lodging, meals, and travel, are not

18  lobbying expenditures. Office expenses include, but are not

19  limited to, payment or obligation for rent or mortgage,

20  utilities, postage, telephone service, employees' salaries,

21  furniture, copies, computers, software, paper supplies, and

22  custodial or maintenance services. Communications,

23  publications, and research are office expenses if performed or

24  produced by the lobbyist or principal or their employees. If

25  those functions are performed by independent contractors,

26  other than the lobbyist or principal or an affiliate

27  controlled by the principal, they are expenditures reportable

28  under the appropriate expenditure category.

29         3.  If an expense is incurred for a nonlobbying

30  business purpose and the product of that expense is later used

31

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  1  for a lobbying purpose, a reportable expenditure is not

  2  created.

  3         (e)  Valuation of expenditures.--

  4         1.  In calculating the amount of aggregate

  5  expenditures, a lobbyist or principal may, prior to prorating,

  6  round each entry up or down to the nearest $5. A record is not

  7  required to be maintained for any amount that rounds to zero.

  8         2.  The amount to be reported for an expenditure shall

  9  be determined using the actual cost to the lobbyist or

10  principal or other person making the payment on behalf of the

11  lobbyist or principal, less any compensation received by such

12  lobbyist or principal in payment for the object of the

13  expenditure. If a lobbyist or principal makes a contribution

14  to an expenditure by another lobbyist or principal, the person

15  making the contribution shall report the amount of the

16  contribution as an expenditure, and the person receiving the

17  contribution shall subtract the value of the contribution from

18  the expenditure to be reported by that person.

19         3.  When a lobbyist has multiple principals,

20  expenditures made for the purpose of engendering goodwill that

21  are not attributable to one principal may be prorated among

22  the lobbyist's principals or may be attributed to one

23  principal.

24         4.  When a lobbyist has multiple principals,

25  expenditures for research or other expenditures that may

26  benefit several principals may be reported to the principal

27  for whom the research was done or other expenditures incurred

28  or prorated to those principals that may benefit from the

29  research or other expenditures.

30         5.  The amount reported as an expenditure shall not

31  include the amount of any additional expenses that are

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  1  required as a condition precedent to eligibility to make an

  2  expenditure if the amount expended for the condition precedent

  3  is primarily intended to be for a purpose other than lobbying

  4  or if it is paid to a charitable organization. If the amount

  5  expended for the condition precedent is primarily intended to

  6  be for a lobbying purpose and is not paid to a charitable

  7  organization, the total amount of the expenditure shall be

  8  reported as a lobbying expenditure. Initiation fees,

  9  membership fees, and booster fees are examples, although not

10  exclusive examples, of additional expenses that are regularly

11  required as conditions precedent for eligibility to make other

12  expenditures.

13         6.  A person providing transportation in a private

14  automobile shall be considered to be making an expenditure at

15  the rate of 29 cents per mile, and the amount of an

16  expenditure made for transportation provided in other private

17  conveyances shall be determined in accordance with the

18  provisions of section 112.3148(7), Florida Statutes.

19         7.  A person providing lodging in a private residence

20  shall be considered to be making an expenditure of $29 per

21  night.

22         8.  Expenditures made for more than one person may be

23  attributed, on a pro rata basis, among all of the persons for

24  whom the expenditure is made.

25         (5)  AGGREGATION OF EXPENDITURE FIGURES.--For each

26  reporting period, the Lobbyist Registration Office shall

27  aggregate the expenditures reported by all of the lobbyists

28  for a principal represented by more than one lobbyist.

29  Following the last report for each calendar year, the Lobbyist

30  Registration Office shall provide a total of expenditures

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  1  reported as spent by and on behalf of each principal for that

  2  calendar year.

  3

  4  1.5--Penalties for Late Filing

  5         (1)  Upon determining that a report is late, the person

  6  designated to review the timeliness of reports shall

  7  immediately notify the lobbyist as to the failure to timely

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

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

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

11         (2)  Upon receipt of the report, the person designated

12  to review the timeliness of reports shall determine the amount

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

14         (a)  When a report is actually received by the lobbyist

15  registration and reporting office;

16         (b)  When the report is postmarked;

17         (c)  When the certificate of mailing is dated; or

18         (d)  When the receipt from an established courier

19  company is dated.

20         (3)  Such fine shall be paid within 30 20 days after

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

22  Lobbyist Registration Office, unless appeal is made to the

23  Lobbyist Registration Office. The moneys shall be deposited

24  into the Legislative Lobbyist Registration Trust Fund.

25         (4)  A fine shall not be assessed against a lobbyist

26  the first time any reports for which the lobbyist is

27  responsible are not timely filed. However, to receive this

28  one-time fine waiver, all reports for which the lobbyist is

29  responsible must be filed within 30 20 days after receipt of

30  notice that any reports have not been timely filed is

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  1  transmitted by the Lobbyist Registration Office. A fine shall

  2  be assessed for any subsequent late-filed reports.

  3         (5)  A lobbyist, a lobbyist's legal representative, or

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

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

  6  unusual circumstances. The request must be filed with the

  7  General Counsel of the Office of Legislative Services, who

  8  shall make a recommendation concerning the waiver request to

  9  the President of the Senate and the Speaker of the House of

10  Representatives. The President of the Senate and the Speaker

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

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

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

14         (6)(5)  The person designated to review the timeliness

15  of reports shall notify the director of the division of the

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

17  failure of a lobbyist to pay the fine imposed.

18

19  1.6--Appeal of Fines; Hearings; Unusual Circumstances

20         (1)  A lobbyist wishing to appeal or dispute a fine

21  imposed in accordance with Joint Senate and House Rule 1.5

22  shall file with the Lobbyist Registration Office a notice of

23  appeal within 30 20 days after the date of receipt of the

24  notice of payment due is transmitted by the Lobbyist

25  Registration Office, setting out with specificity the unusual

26  circumstances surrounding the failure to file on the

27  designated due date. A request for a hearing on the matter

28  before the General Counsel of the Office of Legislative

29  Services must be made within the same 30-day 20-day period.

30  The notice of appeal may be accompanied by any documentation

31  or evidence supporting the claim. Failure to timely file a

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  1  notice of appeal as described in this subsection shall

  2  constitute a waiver of the right to appeal or to dispute a

  3  fine.

  4         (2)  The President of the Senate and the Speaker of the

  5  House of Representatives may waive the fine in whole or in

  6  part for good cause shown based on the unusual circumstances

  7  presented by the lobbyist.

  8         (3)  The term "unusual circumstances" for the purposes

  9  of this rule means uncommon, rare, or sudden events over which

10  the person has no control and which directly result in the

11  failure to meet the filing requirements.

12         (4)  The Department of Banking and Finance shall

13  collect any fine that is not timely paid.

14

15  1.7--Questions Regarding Registration

16         (1)  A person may request in writing an informal

17  opinion from the general counsel of the Office of Legislative

18  Services as to the application of this rule to a specific

19  situation. The general counsel shall issue the opinion within

20  10 days after receiving the request. The informal opinion may

21  be relied upon by the person who requested the informal

22  opinion. A copy of each informal opinion which is issued shall

23  be provided to the presiding officer of each house. The

24  committees designated under section 11.045(4), Florida

25  Statutes, may revise any informal opinion rendered by the

26  general counsel through an advisory opinion to the person who

27  requested the informal opinion. The advisory opinion shall

28  supersede the informal opinion as of the date the advisory

29  opinion is issued.

30         (2)  Persons in doubt about the applicability or

31  interpretation of this rule may submit in writing the facts

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  1  for an advisory opinion to the committee of either house

  2  designated pursuant to section 11.045(4), Florida Statutes,

  3  and may appear in person before the committee in accordance

  4  with section 11.045(4), Florida Statutes.

  5

  6  1.8--Open Records

  7         All of the lobbyist registration and expenditure

  8  reports received by the Lobbyist Registration Office shall be

  9  available for public inspection and for duplication at

10  reasonable cost.

11

12  1.9--Records Retention and Inspection

13         Each lobbyist and each principal shall preserve for a

14  period of 4 years all accounts, bills, receipts, computer

15  records, books, papers, and other documents and records

16  necessary to substantiate lobbying expenditures. Upon receipt

17  of a complaint based upon the personal knowledge of the

18  complainant made pursuant to the Senate Rules or Rules of the

19  House of Representatives, any such documents and records may

20  be inspected when authorized by the President of the Senate or

21  the Speaker of the House of Representatives, as applicable.

22  The person authorized to perform the inspection shall be

23  designated in writing and shall be a member of The Florida Bar

24  or a certified public accountant licensed in Florida. Any

25  information obtained by such an inspection may only be used

26  for purposes authorized by law, this rule, Senate Rules, or

27  Rules of the House of Representatives, which purposes may

28  include the imposition of sanctions against a person subject

29  to this rule or Senate Rules or the Rules of the House of

30  Representatives. Any employee who uses that information for an

31  unauthorized purpose is subject to discipline. Any member who

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  1  uses that information for an unauthorized purpose is subject

  2  to discipline under the applicable rules of each house. The

  3  right of inspection may be enforced by appropriate writ issued

  4  by any court of competent jurisdiction.

  5                         JOINT RULE FOUR

  6               JOINT LEGISLATIVE AUDITING COMMITTEE

  7

  8  4.1--Responsibilities

  9         (1)  On or before December 31 of the year following

10  each decennial census, the Legislative Auditing Committee

11  shall review the performance of the Auditor General and shall

12  submit a report to the Legislature which recommends whether

13  the Auditor General should continue to serve in office.

14         (2)  The expenses of the members of the committee shall

15  be approved by the chair of the committee and paid from the

16  appropriation for legislative expense.

17         (3)  The committee shall review the budget request

18  submitted by the Auditor General and the Office of Program

19  Policy Analysis and Government Accountability and may amend or

20  change it as deemed necessary. The budget request, as amended

21  or changed by the committee, shall become the operating budget

22  of the Auditor General or the Office of Program Policy

23  Analysis and Government Accountability for the ensuing fiscal

24  year; provided that the budget so adopted may subsequently be

25  amended under the same procedure.

26         (3)(4)  The committee shall submit to the President of

27  the Senate and the Speaker of the House of Representatives,

28  for approval, an estimate of the financial needs of the

29  committee, the Auditor General, and the Office of Program

30  Policy Analysis and Government Accountability, and the Public

31  Counsel.

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  1         (4)  The committee and the units it oversees, including

  2  the Auditor General, the Office of Program Policy Analysis and

  3  Government Accountability, and the Public Counsel, shall

  4  submit their budget requests and operating budgets to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives for prior written approval by the presiding

  7  officers acting together.

  8         (5)  The committee may receive requests for audits and

  9  reviews from legislators. Staff of the committee shall review

10  each request and make a recommendation to the committee

11  concerning its disposition. The manner of disposition

12  recommended may be:

13         (a)  Assignment to the Auditor General for inclusion in

14  a regularly scheduled agency audit;

15         (b)  Assignment to the Auditor General for special

16  audit or review;

17         (c)  Assignment to the Office of Program Policy

18  Analysis and Government Accountability for inclusion in a

19  regularly scheduled performance audit;

20         (d)  Assignment to the Office of Program Policy

21  Analysis and Government Accountability for special audit or

22  review;

23         (e)  Assignment to committee staff; or

24         (f)  Rejection as being an unnecessary or inappropriate

25  application of legislative resources.

26         (6)(5)  The committee may at any time, without regard

27  to whether the Legislature is in session, take under

28  investigation any matter within the scope of an audit either

29  completed or then being conducted by the Auditor General or

30  the Office of Program Policy Analysis and Government

31  Accountability, and in connection with such investigation may

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  1  exercise the powers of subpoena by law vested in a standing

  2  committee of the Legislature.

  3         (7)(6)  The committee shall review the performance of

  4  the director of the Office of Program Policy Analysis and

  5  Government Accountability every 4 years and shall submit a

  6  report to the Legislature recommending whether the director

  7  should be reappointed. A vacancy in the office must be filled

  8  in the same manner as the original appointment.

  9         (7)  Upon completion of the initial program evaluation

10  and justification review of each state agency listed in s.

11  216.0172, Florida Statutes, the Office of Program Policy

12  Analysis and Government Accountability shall conduct such

13  reviews only at the direction of the Legislative Auditing

14  Committee.

15

16  4.2--Annual audit of financial records

17         (1)  The Legislative Auditing Committee shall contract

18  with a certified public accountant licensed under chapter 473,

19  Florida Statutes, for an annual audit of the financial records

20  of the Legislative Auditing Committee, the Auditor General,

21  and the Office of Program Policy Analysis and Government

22  Accountability.

23         (2)  Copies of the audit shall be delivered to the

24  President of the Senate, the Speaker of the House of

25  Representatives, the Auditor General or the director of the

26  Office of Program Policy Analysis and Government

27  Accountability, as appropriate, and the members of the

28  Legislative Auditing Committee.

29                         JOINT RULE FIVE

30                         AUDITOR GENERAL

31

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  1  5.1--Rulemaking authority

  2         The Auditor General shall make and enforce reasonable

  3  rules and regulations necessary to facilitate audits that

  4  which he or she is authorized to perform.

  5

  6  5.2--Budget and accounting

  7         (1)  The Auditor General shall prepare and submit

  8  annually to the President of the Senate and the Speaker of the

  9  House of Representatives for their joint approval Joint

10  Legislative Auditing Committee a proposed budget for the

11  ensuing fiscal year. The committee shall review the budget

12  request and may amend or change the budget request as it deems

13  necessary. The budget request, as amended or changed by the

14  committee, shall become the operating budget of the Auditor

15  General for the ensuing fiscal year; provided that the budget

16  so adopted may subsequently be amended under the same

17  procedure.

18         (2)  Within the limitations of the approved operating

19  budget, the salaries and expenses of the Auditor General and

20  the staff of the Auditor General shall be paid from the

21  appropriation for legislative expense or any other moneys

22  appropriated by the Legislature for that purpose. The Auditor

23  General shall approve all bills for salaries and expenses for

24  his or her staff, except expenses of members of the

25  Legislative Auditing Committee, before the same shall be paid.

26

27  5.3--Audit report distribution

28         (1)  A copy of each audit report shall be submitted to

29  the Governor, to the Comptroller, and to the officer or person

30  in charge of the state agency or political subdivision

31  audited. One copy shall be filed as a permanent public record

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  1  in the office of the Auditor General. In the case of county

  2  reports, one copy of the report of each county office, school

  3  district, or other district audited shall be submitted to the

  4  board of county commissioners of the county in which the audit

  5  was made and shall be filed in the office of the clerk of the

  6  circuit court of that county as a public record. When an audit

  7  is made of the records of the district school board, a copy of

  8  the audit report shall also be filed with the district school

  9  board, and thereupon such report shall become a part of the

10  public records of such board.

11         (2)  A copy of each audit report shall be made

12  available to each member of the Legislative Auditing

13  Committee.

14         (3)  The Auditor General shall transmit a copy of each

15  audit report to the appropriate substantive and fiscal

16  committees of the Senate and House of Representatives.

17         (4)(3)  Other copies may be furnished to other persons

18  who, as in the opinion of the Auditor General, are may be

19  directly interested in the audit or who may have a some duty

20  to perform in connection therewith.

21         (5)  The Auditor General shall transmit to the

22  President of the Senate and the Speaker of the House of

23  Representatives, by December 1 of each year, a list of

24  statutory and fiscal changes recommended by audit reports. The

25  recommendations shall be presented in two categories: one

26  addressing substantive law and policy issues and the other

27  addressing budget issues. The Auditor General may also

28  transmit recommendations at other times of the year when the

29  information would be timely and useful for the Legislature.

30                          JOINT RULE SIX

31                     OFFICE OF PROGRAM POLICY

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  1              ANALYSIS AND GOVERNMENT ACCOUNTABILITY

  2

  3  6.1--Responsibilities of the director

  4         (1)  The director may adopt and enforce reasonable

  5  rules necessary to facilitate the studies, reviews, and

  6  reports that the office is authorized to perform.

  7         (2)  The director, with the consent of the Legislative

  8  Auditing Committee, may enter into contracts on behalf of the

  9  Office of Program Policy Analysis and Government

10  Accountability.

11         (2)(3)  The director shall prepare and submit annually

12  to the President of the Senate and the Speaker of the House of

13  Representatives for their joint approval the annual projected

14  work plan of the office in conjunction with Legislative

15  Auditing Committee a proposed operating budget for the ensuing

16  fiscal year. The committee shall review the budget request and

17  may amend or change the budget request as it deems necessary.

18  The budget request shall become the operating budget of the

19  Office of Program Policy Analysis and Government

20  Accountability for the ensuing fiscal year; provided that the

21  budget so adopted may subsequently be amended under the same

22  procedure.

23         (3)(4)  Within the monetary limitations of the approved

24  operating budget, the salaries and expenses of the director

25  and the staff of the Office of Program Policy Analysis and

26  Government Accountability shall be paid from the appropriation

27  for legislative expense or any other moneys appropriated by

28  the Legislature for that purpose. The director shall approve

29  all bills for salaries and expenses before the same shall be

30  paid.

31

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  1         (4)  Within the monetary limitations of the approved

  2  operating budget, the director shall make all spending

  3  decisions, including entering into contracts on behalf of the

  4  Office of Program Policy Analysis and Government

  5  Accountability.

  6         (5)  The director shall transmit to the President of

  7  the Senate and the Speaker of the House of Representatives, by

  8  December 1 of each year, a list of statutory and fiscal

  9  changes recommended by office reports. The recommendations

10  shall be presented in two categories: one addressing

11  substantive law and policy issues and the other addressing

12  budget issues. The director may also transmit recommendations

13  at other times of the year when the information would be

14  timely and useful for the Legislature.

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16

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18

19

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21

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