HB 1849

1
A bill to be entitled
2An act relating to lobbying; amending s. 11.045, F.S.,
3relating to the requirements that legislative lobbyists
4register and report as required by legislative rule;
5requiring reports to include the name and address of each
6person to whom a lobbying expenditure was made, the
7amount, date, and purpose of the expenditure, and the name
8and title of the person for whom the expenditure was made;
9requiring that expenditures made as open invitations be so
10designated; revising the period for filing reporting
11statements; requiring that a lobbyist and principal
12preserve certain records for a specified period; providing
13for inspection of such records by a representative of the
14Legislature; requiring filing by electronic means
15beginning on a specified date; creating s. 11.0455, F.S.;
16defining the term "electronic filing system"; providing
17requirements for lobbyists filing reports with the
18Division of Legislative Information Services by means of
19the division's electronic filing system; providing that
20such reports are considered to be under oath; providing
21requirements for the electronic filing system; providing
22for the Legislature to adopt rules to administer the
23electronic filing system; requiring alternate filing
24procedures; requiring the issuance of electronic receipts;
25requiring that the division provide for public access to
26the data that is filed via the Internet; amending s.
27112.3215, F.S., relating to the requirements that
28executive branch and Constitution Revision Commission
29lobbyists register and report; requiring reports to
30include the name and address of each person to whom a
31lobbying expenditure was made, the amount, date, and
32purpose of the expenditure and the name, title, and agency
33of the person for whom the expenditure was made; revising
34the period for filing reporting statements; requiring that
35a lobbyist and principal preserve certain records for a
36specified period; requiring filing by electronic means
37beginning on a specified date; creating s. 112.32155,
38F.S.; defining the term "electronic filing system";
39providing requirements for lobbyists filing reports with
40the Commission on Ethics by means of the electronic filing
41system; providing that such reports are considered to be
42under oath; providing requirements for the electronic
43filing system; providing for the commission to adopt rules
44to administer the electronic filing system; requiring
45alternate filing procedures; requiring the issuance of
46electronic receipts; requiring that the commission provide
47for public access to the data that is filed via the
48Internet; specifying the initial reporting period that is
49subject to the requirements of the act; providing
50effective dates.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Paragraph (e) of subsection (1) and subsection
55(3) of section 11.045, Florida Statutes, are amended to read:
56     11.045  Lobbyists; registration and reporting; exemptions;
57penalties.--
58     (1)  As used in this section, unless the context otherwise
59requires:
60     (e)  "Lobbying" means influencing or attempting to
61influence legislative action or nonaction through oral or
62written communication or an attempt to obtain the goodwill of a
63member or employee of the Legislature or the spouse, child, or
64parent of such person.
65     (3)  Each house of the Legislature shall provide by rule
66the following reporting requirements:
67     (a)  Statements shall be filed by all registered lobbyists
68four two times per year, which must disclose all lobbying
69expenditures by the lobbyist and the principal and the source of
70funds for such expenditures. All expenditures made by the
71lobbyist and the principal for the purpose of lobbying must be
72reported. Reporting of expenditures shall be made on an accrual
73basis. The report of such expenditures must identify whether the
74expenditure was made directly by the lobbyist, directly by the
75principal, initiated or expended by the lobbyist and paid for by
76the principal, or initiated or expended by the principal and
77paid for by the lobbyist. The principal is responsible for the
78accuracy of the expenditures reported as lobbying expenditures
79made by the principal. The lobbyist is responsible for the
80accuracy of the expenditures reported as lobbying expenditures
81made by the lobbyist. Expenditures made must be reported by the
82category of the expenditure, including, but not limited to, the
83categories of food and beverages, entertainment, research,
84communication, media advertising, publications, travel, and
85lodging. For each expenditure that comprises part of the
86aggregate total reported in each category, the report must also
87include the full name and address of each person to whom the
88expenditure was made; the amount, date, and purpose of the
89expenditure; and the name and title of the legislator or other
90person for whom the expenditure was made, or, if the expenditure
91was made pursuant to an invitation to 10 or more Senators, 10 or
92more Representatives, 10 or more legislators, or 10 or more
93legislative staff of either or both houses, the designation
94"Open Invitation to (the number of invited legislators or
95legislative staff)". Lobbying expenditures do not include a
96lobbyist's or principal's salary, office expenses, and personal
97expenses for lodging, meals, and travel.
98     (b)  If a principal is represented by two or more
99lobbyists, the first lobbyist who registers to represent that
100principal shall be the designated lobbyist. The designated
101lobbyist's expenditure report shall include all lobbying
102expenditures made directly by the principal and those
103expenditures of the designated lobbyist on behalf of that
104principal as required by paragraph (a). All other lobbyists
105registered to represent that principal shall file a report
106pursuant to paragraph (a). The report of lobbying expenditures
107by the principal shall be made pursuant to the requirements of
108paragraph (a). The principal is responsible for the accuracy of
109figures reported by the designated lobbyist as lobbying
110expenditures made directly by the principal. The designated
111lobbyist is responsible for the accuracy of the figures reported
112as lobbying expenditures made by that lobbyist. Each lobbyist
113shall file an expenditure report for each period during any
114portion of which he or she was registered, and each principal
115shall ensure that an expenditure report is filed for each period
116during any portion of which the principal was represented by a
117registered lobbyist.
118     (c)  For each reporting period the division shall aggregate
119the expenditures reported by all of the lobbyists for a
120principal represented by more than one lobbyist. Further, the
121division shall aggregate figures that provide a cumulative total
122of expenditures reported as spent by and on behalf of each
123principal for the calendar year.
124     (d)  The reporting statements shall be filed no later than
12545 days after the end of each the reporting period and. The
126first report shall include the expenditures for the period from
127January 1 through March 31, April 1 through June 30, July 1
128through September 30, and October 1 through December 31,
129respectively June 30. The second report shall disclose
130expenditures for the period from July 1 through December 31. The
131statements shall be rendered in the identical form provided by
132the respective houses and shall be open to public inspection.
133Reporting statements may be filed by electronic means, when
134feasible.
135     (e)  Reports shall be filed not later than 5 p.m. of the
136report due date. However, any report that is postmarked by the
137United States Postal Service no later than midnight of the due
138date shall be deemed to have been filed in a timely manner, and
139a certificate of mailing obtained from and dated by the United
140States Postal Service at the time of the mailing, or a receipt
141from an established courier company which bears a date on or
142before the due date, shall be proof of mailing in a timely
143manner.
144     (f)  Each house of the Legislature shall provide by rule,
145or both houses may provide by joint rule, a procedure by which a
146lobbyist who fails to timely file a report shall be notified and
147assessed fines. The rule shall provide for the following:
148     1.  Upon determining that the report is late, the person
149designated to review the timeliness of reports shall immediately
150notify the lobbyist as to the failure to timely file the report
151and that a fine is being assessed for each late day. The fine
152shall be $50 per day per report for each late day, not to exceed
153$5,000 per report.
154     2.  Upon receipt of the report, the person designated to
155review the timeliness of reports shall determine the amount of
156the fine due based upon the earliest of the following:
157     a.  When a report is actually received by the lobbyist
158registration and reporting office.
159     b.  When the report is postmarked.
160     c.  When the certificate of mailing is dated.
161     d.  When the receipt from an established courier company is
162dated.
163     3.  Such fine shall be paid within 30 days after the notice
164of payment due is transmitted by the Lobbyist Registration
165Office, unless appeal is made to the division. The moneys shall
166be deposited into the Legislative Lobbyist Registration Trust
167Fund.
168     4.  A fine shall not be assessed against a lobbyist the
169first time any reports for which the lobbyist is responsible are
170not timely filed. However, to receive the one-time fine waiver,
171all reports for which the lobbyist is responsible must be filed
172within 30 days after notice that any reports have not been
173timely filed is transmitted by the Lobbyist Registration Office.
174A fine shall be assessed for any subsequent late-filed reports.
175     5.  Any lobbyist may appeal or dispute a fine, based upon
176unusual circumstances surrounding the failure to file on the
177designated due date, and may request and shall be entitled to a
178hearing before the General Counsel of the Office of Legislative
179Services, who shall recommend to the President of the Senate and
180the Speaker of the House of Representatives, or their respective
181designees, that the fine be waived in whole or in part for good
182cause shown. The President of the Senate and the Speaker of the
183House of Representatives, or their respective designees, may
184concur in the recommendation and waive the fine in whole or in
185part. Any such request shall be made within 30 days after the
186notice of payment due is transmitted by the Lobbyist
187Registration Office. In such case, the lobbyist shall, within
188the 30-day period, notify the person designated to review the
189timeliness of reports in writing of his or her intention to
190request a hearing.
191     6.  A lobbyist, a lobbyist's legal representative, or the
192principal of a lobbyist may request that the filing of an
193expenditure report be waived upon good cause shown, based on
194unusual circumstances. The request must be filed with the
195General Counsel of the Office of Legislative Services, who shall
196make a recommendation concerning the waiver request to the
197President of the Senate and the Speaker of the House of
198Representatives. The President of the Senate and the Speaker of
199the House of Representatives may grant or deny the request. The
200registration of a lobbyist who fails to timely pay a fine is
201automatically suspended until the fine is paid or waived.
202     7.  The person designated to review the timeliness of
203reports shall notify the director of the division of the failure
204of a lobbyist to file a report after notice or of the failure of
205a lobbyist to pay the fine imposed.
206     (g)  Each lobbyist and each principal shall preserve for a
207period of 4 years all accounts, bills, receipts, computer
208records, books, papers, e-mails, ledgers, federal tax
209information, and other documents and records necessary to
210substantiate lobbying expenditures. Any documents and records
211retained pursuant to this subsection may be inspected under
212reasonable circumstances by any authorized representative of the
213Legislature. The right of inspection may be enforced by
214appropriate writ issued by any court of competent jurisdiction.
215     Section 2.  Effective April 1, 2006, paragraphs (d) through
216(g) of subsection (3) of section 11.045, as amended by this act,
217are amended to read:
218     11.045  Lobbyists; registration and reporting; exemptions;
219penalties.--
220     (3)  Each house of the Legislature shall provide by rule
221the following reporting requirements:
222     (d)  The reporting statements shall be filed no later than
22345 days after the end of each reporting period and shall include
224the expenditures for the period from January 1 through March 31,
225April 1 through June 30, July 1 through September 30, and
226October 1 through December 31, respectively. The statements
227shall be rendered in the identical form provided by the
228respective houses and shall be open to public inspection.
229Reporting statements shall may be filed by electronic means as
230provided in s. 11.0455, when feasible.
231     (e)  Reports shall be filed not later than 5 p.m. of the
232report due date. However, any report that is postmarked by the
233United States Postal Service no later than midnight of the due
234date shall be deemed to have been filed in a timely manner, and
235a certificate of mailing obtained from and dated by the United
236States Postal Service at the time of the mailing, or a receipt
237from an established courier company which bears a date on or
238before the due date, shall be proof of mailing in a timely
239manner.
240     (e)(f)  Each house of the Legislature shall provide by
241rule, or both houses may provide by joint rule, a procedure by
242which a lobbyist who fails to timely file a report shall be
243notified and assessed fines. The rule shall provide for the
244following:
245     1.  Upon determining that the report is late, the person
246designated to review the timeliness of reports shall immediately
247notify the lobbyist as to the failure to timely file the report
248and that a fine is being assessed for each late day. The fine
249shall be $50 per day per report for each late day, not to exceed
250$5,000 per report.
251     2.  Upon receipt of the report, the person designated to
252review the timeliness of reports shall determine the amount of
253the fine due based upon the earliest of the following:
254     a.  When a report is actually received by the lobbyist
255registration and reporting office.
256     b.  When the electronic receipt issued pursuant to s.
25711.0455 is dated. When the report is postmarked.
258     c.  When the certificate of mailing is dated.
259     d.  When the receipt from an established courier company is
260dated.
261     3.  Such fine shall be paid within 30 days after the notice
262of payment due is transmitted by the Lobbyist Registration
263Office, unless appeal is made to the division. The moneys shall
264be deposited into the Legislative Lobbyist Registration Trust
265Fund.
266     4.  A fine shall not be assessed against a lobbyist the
267first time any reports for which the lobbyist is responsible are
268not timely filed. However, to receive the one-time fine waiver,
269all reports for which the lobbyist is responsible must be filed
270within 30 days after notice that any reports have not been
271timely filed is transmitted by the Lobbyist Registration Office.
272A fine shall be assessed for any subsequent late-filed reports.
273     5.  Any lobbyist may appeal or dispute a fine, based upon
274unusual circumstances surrounding the failure to file on the
275designated due date, and may request and shall be entitled to a
276hearing before the General Counsel of the Office of Legislative
277Services, who shall recommend to the President of the Senate and
278the Speaker of the House of Representatives, or their respective
279designees, that the fine be waived in whole or in part for good
280cause shown. The President of the Senate and the Speaker of the
281House of Representatives, or their respective designees, may
282concur in the recommendation and waive the fine in whole or in
283part. Any such request shall be made within 30 days after the
284notice of payment due is transmitted by the Lobbyist
285Registration Office. In such case, the lobbyist shall, within
286the 30-day period, notify the person designated to review the
287timeliness of reports in writing of his or her intention to
288request a hearing.
289     6.  A lobbyist, a lobbyist's legal representative, or the
290principal of a lobbyist may request that the filing of an
291expenditure report be waived upon good cause shown, based on
292unusual circumstances. The request must be filed with the
293General Counsel of the Office of Legislative Services, who shall
294make a recommendation concerning the waiver request to the
295President of the Senate and the Speaker of the House of
296Representatives. The President of the Senate and the Speaker of
297the House of Representatives may grant or deny the request. The
298registration of a lobbyist who fails to timely pay a fine is
299automatically suspended until the fine is paid or waived.
300     7.  The person designated to review the timeliness of
301reports shall notify the director of the division of the failure
302of a lobbyist to file a report after notice or of the failure of
303a lobbyist to pay the fine imposed.
304     (f)(g)  Each lobbyist and each principal shall preserve for
305a period of 4 years all accounts, bills, receipts, computer
306records, books, papers, e-mails, ledgers, federal tax
307information, and other documents and records necessary to
308substantiate lobbying expenditures. Any documents and records
309retained pursuant to this subsection may be inspected under
310reasonable circumstances by any authorized representative of the
311Legislature. The right of inspection may be enforced by
312appropriate writ issued by any court of competent jurisdiction.
313     Section 3.  Effective April 1, 2006, section 11.0455,
314Florida Statutes, is created to read:
315     11.0455  Electronic filing of lobbying reports.--
316     (1)  As used in this section, the term "electronic filing
317system" means an Internet system for recording and reporting
318lobbying expenditures and other required information by
319reporting period.
320     (2)  Each lobbyist who is required to file reports with the
321Division of Legislative Information Services pursuant to s.
32211.045 must file such reports with the division by means of the
323division's electronic filing system.
324     (3)  A report filed pursuant to this section must be
325completed and filed through the electronic filing system not
326later than 11:59 p.m. of the day designated in s. 11.045. A
327report not filed by 11:59 p.m. of the day designated is a late-
328filed report and is subject to the penalties under s. 11.045(3).
329     (4)  Each report filed pursuant to this section is
330considered to be under oath by the lobbyist, or the designated
331lobbyist and principal, whichever is applicable, and such
332persons are subject to the provisions of s. 11.045(6) and (7).
333Persons given a secure sign-on to the electronic filing system
334are responsible for protecting it from disclosure and are
335responsible for all filings using such credentials, unless they
336have notified the division that their credentials have been
337compromised.
338     (5)  The electronic filing system developed by the division
339must:
340     (a)  Be based on access by means of the Internet.
341     (b)  Be accessible by anyone with Internet access using
342standard web-browsing software.
343     (c)  Provide for direct entry of information as well as
344upload of such information from software authorized by the
345division.
346     (d)  Provide a method that prevents unauthorized access to
347electronic filing system functions.
348     (6)  Each house of the Legislature shall provide by rule,
349or may provide by a joint rule adopted by both houses,
350procedures to administer this section, including, but not
351limited to:
352     (a)  Alternate filing procedures in case the division's
353electronic filing system is not operable.
354     (b)  The issuance of an electronic receipt to the person
355submitting the report indicating and verifying the date and time
356that the report was filed.
357     (7)  The division shall make all the data filed available
358on the Internet in an easily understood and accessible format.
359     Section 4.  Paragraph (d) of subsection (1) and subsection
360(5) of section 112.3215, Florida Statutes, are amended to read:
361     112.3215  Lobbyists before the executive branch or the
362Constitution Revision Commission; registration and reporting;
363investigation by commission.--
364     (1)  For the purposes of this section:
365     (d)  "Lobbies" means seeking, on behalf of another person,
366to influence an agency with respect to a decision of the agency
367in the area of policy or procurement or an attempt to obtain the
368goodwill of an agency official or employee or the spouse, child,
369or parent of such person. "Lobbies" also means influencing or
370attempting to influence, on behalf of another, the Constitution
371Revision Commission's action or nonaction through oral or
372written communication or an attempt to obtain the goodwill of a
373member or employee of the Constitution Revision Commission or
374the spouse, child, or parent of such person.
375     (5)(a)  A registered lobbyist must also submit to the
376commission, quarterly biannually, a signed expenditure report
377summarizing all lobbying expenditures by the lobbyist and the
378principal for each 3-month 6-month period during any portion of
379which the lobbyist is registered. All expenditures made by the
380lobbyist and the principal for the purpose of lobbying must be
381reported. Reporting of expenditures shall be on an accrual
382basis. The report of such expenditures must identify whether the
383expenditure was made directly by the lobbyist, directly by the
384principal, initiated or expended by the lobbyist and paid for by
385the principal, or initiated or expended by the principal and
386paid for by the lobbyist. The principal is responsible for the
387accuracy of the expenditures reported as lobbying expenditures
388made by the principal. The lobbyist is responsible for the
389accuracy of the expenditures reported as lobbying expenditures
390made by the lobbyist. Expenditures made must be reported by the
391category of the expenditure, including, but not limited to, the
392categories of food and beverages, entertainment, research,
393communication, media advertising, publications, travel, and
394lodging. For each expenditure that comprises part of the
395aggregate total reported in each category, the report must also
396include the full name and address of each person to whom the
397expenditure was made; the amount, date, and purpose of the
398expenditure; and the name, title, and agency of the person for
399whom the expenditure was made, or, if the expenditure was made
400pursuant to an invitation to 10 or more officials or employees
401of an agency or agencies or the Constitution Revision
402Commission, the designation "Open Invitation to (the number of
403such invited persons)". Lobby expenditures do not include a
404lobbyist's or principal's salary, office expenses, and personal
405expenses for lodging, meals, and travel.
406     (b)  A principal who is represented by two or more
407lobbyists shall designate one lobbyist whose expenditure report
408shall include all lobbying expenditures made directly by the
409principal and those expenditures of the designated lobbyist on
410behalf of that principal as required by paragraph (a). All other
411lobbyists registered to represent that principal shall file a
412report pursuant to paragraph (a). The report of lobbying
413expenditures by the principal shall be made pursuant to the
414requirements of paragraph (a). The principal is responsible for
415the accuracy of figures reported by the designated lobbyist as
416lobbying expenditures made directly by the principal. The
417designated lobbyist is responsible for the accuracy of the
418figures reported as lobbying expenditures made by that lobbyist.
419     (c)  For each reporting period the commission shall
420aggregate the expenditures of all lobbyists for a principal
421represented by more than one lobbyist. Further, the commission
422shall aggregate figures that provide a cumulative total of
423expenditures reported as spent by and on behalf of each
424principal for the calendar year.
425     (d)  The reporting statements shall be filed no later than
42645 days after the end of each reporting period and shall include
427the expenditures for the period from January 1 through March 31
428June 30, April 1 through June 30, and July 1 through September
42930, and October 1 through December 31, respectively.
430     (e)  Reports shall be filed not later than 5 p.m. of the
431report due date. However, any report that is postmarked by the
432United States Postal Service no later than midnight of the due
433date shall be deemed to have been filed in a timely manner, and
434a certificate of mailing obtained from and dated by the United
435States Postal Service at the time of the mailing, or a receipt
436from an established courier company which bears a date on or
437before the due date, shall be proof of mailing in a timely
438manner.
439     (f)  The commission shall provide by rule a procedure by
440which a lobbyist who fails to timely file a report shall be
441notified and assessed fines. The rule shall provide for the
442following:
443     1.  Upon determining that the report is late, the person
444designated to review the timeliness of reports shall immediately
445notify the lobbyist as to the failure to timely file the report
446and that a fine is being assessed for each late day. The fine
447shall be $50 per day per report for each late day up to a
448maximum of $5,000 per late report.
449     2.  Upon receipt of the report, the person designated to
450review the timeliness of reports shall determine the amount of
451the fine due based upon the earliest of the following:
452     a.  When a report is actually received by the lobbyist
453registration and reporting office.
454     b.  When the report is postmarked.
455     c.  When the certificate of mailing is dated.
456     d.  When the receipt from an established courier company is
457dated.
458     3.  Such fine shall be paid within 30 days after the notice
459of payment due is transmitted by the Lobbyist Registration
460Office, unless appeal is made to the commission. The moneys
461shall be deposited into the Executive Branch Lobby Registration
462Trust Fund.
463     4.  A fine shall not be assessed against a lobbyist the
464first time any reports for which the lobbyist is responsible are
465not timely filed. However, to receive the one-time fine waiver,
466all reports for which the lobbyist is responsible must be filed
467within 30 days after the notice that any reports have not been
468timely filed is transmitted by the Lobbyist Registration Office.
469A fine shall be assessed for any subsequent late-filed reports.
470     5.  Any lobbyist may appeal or dispute a fine, based upon
471unusual circumstances surrounding the failure to file on the
472designated due date, and may request and shall be entitled to a
473hearing before the commission, which shall have the authority to
474waive the fine in whole or in part for good cause shown. Any
475such request shall be made within 30 days after the notice of
476payment due is transmitted by the Lobbyist Registration Office.
477In such case, the lobbyist shall, within the 30-day period,
478notify the person designated to review the timeliness of reports
479in writing of his or her intention to bring the matter before
480the commission.
481     6.  The person designated to review the timeliness of
482reports shall notify the commission of the failure of a lobbyist
483to file a report after notice or of the failure of a lobbyist to
484pay the fine imposed.
485     7.  Notwithstanding any provision of chapter 120, any fine
486imposed under this subsection that is not waived by final order
487of the commission and that remains unpaid more than 60 days
488after the notice of payment due or more than 60 days after the
489commission renders a final order on the lobbyist's appeal shall
490be collected by the Department of Financial Services as a claim,
491debt, or other obligation owed to the state, and the department
492may assign the collection of such fine to a collection agent as
493provided in s. 17.20.
494     (g)  The commission shall adopt a rule which allows
495reporting statements to be filed by electronic means, when
496feasible.
497     (h)  Each lobbyist and each principal shall preserve for a
498period of 4 years all accounts, bills, receipts, computer
499records, books, papers, e-mails, ledgers, federal tax
500information, and other documents and records necessary to
501substantiate lobbying expenditures. Any documents and records
502retained pursuant to this subsection section may be inspected
503under reasonable circumstances by any authorized representative
504of the commission. The right of inspection may be enforced by
505appropriate writ issued by any court of competent jurisdiction.
506     Section 5.  Effective April 1, 2006, section 112.32155,
507Florida Statutes, is created to read:
508     112.32155  Electronic filing of lobbying reports.--
509     (1)  As used in this section, the term "electronic filing
510system" means an Internet system for recording and reporting
511lobbying expenditures and other required information by
512reporting period.
513     (2)  Each lobbyist who is required to file reports with the
514Commission on Ethics pursuant to s. 112.3215 must file such
515reports with the commission by means of the electronic filing
516system.
517     (3)  A report filed pursuant to this section must be
518completed and filed through the electronic filing system not
519later than 11:59 p.m. of the day designated in s. 112.3215. A
520report not filed by 11:59 p.m. of the day designated is a late-
521filed report and is subject to the penalties under s.
522112.3215(5).
523     (4)  Each report filed pursuant to this section is
524considered to be under oath by the lobbyist, or the designated
525lobbyist and principal, whichever is applicable. Persons given a
526secure sign-on to the electronic filing system are responsible
527for protecting it from disclosure and are responsible for all
528filings using such credentials, unless they have notified the
529division that their credentials have been compromised.
530     (5)  The electronic filing system must:
531     (a)  Be based on access by means of the Internet.
532     (b)  Be accessible by anyone with Internet access using
533standard web-browsing software.
534     (c)  Provide for direct entry of information as well as
535upload of such information from software authorized by the
536commission.
537     (d)  Provide a method that prevents unauthorized access to
538electronic filing system functions.
539     (6)  The commission shall provide by rule procedures to
540administer this section, including, but not limited to:
541     (a)  Alternate filing procedures in case the electronic
542filing system is not operable.
543     (b)  The issuance of an electronic receipt to the person
544submitting the report indicating and verifying the date and time
545that the report was filed.
546     (7)  The commission shall make all the data filed available
547on the Internet in an easily understood and accessible format.
548     Section 6.  Effective April 1, 2006, paragraphs (d) through
549(h) of subsection (5) of section 112.3215, Florida Statutes, as
550amended by this act, are amended to read:
551     112.3215  Lobbyists before the executive branch or the
552Constitution Revision Commission; registration and reporting;
553investigation by commission.--
554     (5)
555     (d)  The reporting statements shall be filed no later than
55645 days after the end of each reporting period and shall include
557the expenditures for the period from January 1 through March 31,
558April 1 through June 30, July 1 through September 30, and
559October 1 through December 31, respectively. Reporting
560statements must be filed by electronic means as provided in s.
561112.32155.
562     (e)  Reports shall be filed not later than 5 p.m. of the
563report due date. However, any report that is postmarked by the
564United States Postal Service no later than midnight of the due
565date shall be deemed to have been filed in a timely manner, and
566a certificate of mailing obtained from and dated by the United
567States Postal Service at the time of the mailing, or a receipt
568from an established courier company which bears a date on or
569before the due date, shall be proof of mailing in a timely
570manner.
571     (e)(f)  The commission shall provide by rule a procedure by
572which a lobbyist who fails to timely file a report shall be
573notified and assessed fines. The rule shall provide for the
574following:
575     1.  Upon determining that the report is late, the person
576designated to review the timeliness of reports shall immediately
577notify the lobbyist as to the failure to timely file the report
578and that a fine is being assessed for each late day. The fine
579shall be $50 per day per report for each late day up to a
580maximum of $5,000 per late report.
581     2.  Upon receipt of the report, the person designated to
582review the timeliness of reports shall determine the amount of
583the fine due based upon the earliest of the following:
584     a.  When a report is actually received by the lobbyist
585registration and reporting office.
586     b.  When the electronic receipt issued pursuant to s.
587112.32155 is dated. When the report is postmarked.
588     c.  When the certificate of mailing is dated.
589     d.  When the receipt from an established courier company is
590dated.
591     3.  Such fine shall be paid within 30 days after the notice
592of payment due is transmitted by the Lobbyist Registration
593Office, unless appeal is made to the commission. The moneys
594shall be deposited into the Executive Branch Lobby Registration
595Trust Fund.
596     4.  A fine shall not be assessed against a lobbyist the
597first time any reports for which the lobbyist is responsible are
598not timely filed. However, to receive the one-time fine waiver,
599all reports for which the lobbyist is responsible must be filed
600within 30 days after the notice that any reports have not been
601timely filed is transmitted by the Lobbyist Registration Office.
602A fine shall be assessed for any subsequent late-filed reports.
603     5.  Any lobbyist may appeal or dispute a fine, based upon
604unusual circumstances surrounding the failure to file on the
605designated due date, and may request and shall be entitled to a
606hearing before the commission, which shall have the authority to
607waive the fine in whole or in part for good cause shown. Any
608such request shall be made within 30 days after the notice of
609payment due is transmitted by the Lobbyist Registration Office.
610In such case, the lobbyist shall, within the 30-day period,
611notify the person designated to review the timeliness of reports
612in writing of his or her intention to bring the matter before
613the commission.
614     6.  The person designated to review the timeliness of
615reports shall notify the commission of the failure of a lobbyist
616to file a report after notice or of the failure of a lobbyist to
617pay the fine imposed.
618     7.  Notwithstanding any provision of chapter 120, any fine
619imposed under this subsection that is not waived by final order
620of the commission and that remains unpaid more than 60 days
621after the notice of payment due or more than 60 days after the
622commission renders a final order on the lobbyist's appeal shall
623be collected by the Department of Financial Services as a claim,
624debt, or other obligation owed to the state, and the department
625may assign the collection of such fine to a collection agent as
626provided in s. 17.20.
627     (g)  The commission shall adopt a rule which allows
628reporting statements to be filed by electronic means, when
629feasible.
630     (f)(h)  Each lobbyist and each principal shall preserve for
631a period of 4 years all accounts, bills, receipts, computer
632records, books, papers, e-mails, ledgers, federal tax
633information, and other documents and records necessary to
634substantiate lobbying expenditures. Any documents and records
635retained pursuant to this subsection may be inspected under
636reasonable circumstances by any authorized representative of the
637commission. The right of inspection may be enforced by
638appropriate writ issued by any court of competent jurisdiction.
639     Section 7.  The first lobbying reports subject to the
640amended reporting requirements in this act must be filed by May
64115, 2006, and encompass the reporting period from January 1,
6422006, through March 31, 2006.
643     Section 8.  Except as otherwise provided herein, this act
644shall take effect January 1, 2006.


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