Amendment
Bill No. 2646

Amendment No. 115177

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Seiler offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 11.045, Florida Statutes, is amended to
6	read:
7	11.045  Lobbyists; registration and reporting; exemptions;
8	penalties.--
9	(1)  As used in this section, unless the context otherwise
10	requires:
11	(a)  "Committee" means the committee of each house charged
12	by the presiding officer with responsibility for ethical conduct
13	of lobbyists.
14	(b)  "Division" means the Division of Legislative
15	Information Services within the Office of Legislative Services.
16	(c)  "Expenditure" means a payment, distribution, loan,
17	advance, reimbursement, deposit, or anything of value made by a
18	lobbyist or principal for the purpose of lobbying.
19	(d)  "Legislative action" means introduction, sponsorship,
20	testimony, debate, voting, or any other official action on any
21	measure, resolution, amendment, nomination, appointment, or
22	report of, or any matter which may be the subject of action by,
23	either house of the Legislature or any committee thereof.
24	(e)  "Lobbying" means influencing or attempting to
25	influence legislative action or nonaction through oral or
26	written communication or an attempt to obtain the goodwill of a
27	member or employee of the Legislature. Food and beverages paid
28	for or provided, directly or indirectly, by a lobbyist or
29	principal to, or for the benefit of, a member or employee of the
30	Legislature is deemed an attempt to obtain the goodwill of the
31	member or employee unless the lobbyist or principal is the
32	member's or employee's parent, spouse, child, sibling,
33	grandparent or grandchild.
34	(f)  "Lobbying firm" means any business entity, including
35	an individual contract lobbyist, that receives or becomes
36	entitled to receive any compensation for the purpose of
37	lobbying, where any partner, owner, officer, or employee of the
38	business entity is a lobbyist.
39	(g)(f)  "Lobbyist" means a person who is employed and
40	receives payment, or who contracts for economic consideration,
41	for the purpose of lobbying, or a person who is principally
42	employed for governmental affairs by another person or
43	governmental entity to lobby on behalf of that other person or
44	governmental entity.
45	(h)(g)  "Principal" means the person, firm, corporation, or
46	other entity which has employed or retained a lobbyist,
47	including a lobbying firm that subcontracts work.
48	(2)  Each house of the Legislature shall provide by rule,
49	or may provide by a joint rule adopted by both houses, for the
50	registration of lobbyists who lobby the Legislature.  The rule
51	may provide for the payment of a registration fee.  The rule may
52	provide for exemptions from registration or registration fees.
53	The rule shall provide that:
54	(a)  Registration is required for each principal
55	represented.
56	(b)  Registration shall include a statement signed by the
57	principal or principal's representative that the registrant is
58	authorized to represent the principal. The principal shall also
59	designate the most recent North American Industry Classification
60	System numerical code and corresponding index entry that most
61	accurately describes the principal's main business on the
62	statement authorizing the principal's designated lobbyist.
63	(c)  A registrant shall promptly send a written statement
64	to the division canceling the registration for a principal upon
65	termination of the lobbyist's representation of that principal.
66	Notwithstanding this requirement, the division may remove the
67	name of a registrant from the list of registered lobbyists if
68	the principal notifies the office that a person is no longer
69	authorized to represent that principal.
70	(d)  Every registrant shall be required to state the extent
71	of any direct business association or partnership with any
72	current member of the Legislature.
73	(e)1.  Each lobbyist and each principal shall preserve for
74	a period of 4 years all accounts, bills, receipts, computer
75	records, books, papers, and other documents and records
76	necessary to substantiate lobbying expenditures. Any documents
77	and records retained pursuant to this section may be inspected
78	under reasonable circumstances by any authorized representative
79	of the Legislature. The right of inspection may be enforced in
80	circuit court by appropriate writ issued by any court of
81	competent jurisdiction.
82	2.  Each lobbying firm and each principal shall preserve
83	for a period of 4 years all accounts, bills, receipts, computer
84	records, books, papers, and other documents and records
85	necessary to substantiate compensation. Any documents and
86	records retained pursuant to this section may be subpoenaed for
87	audit by the Auditor General pursuant to s. 11.45 and such
88	subpoena may be enforced in circuit court.
89	(f)  All registrations shall be open to the public.
90	(g)  Any person who is exempt from registration under the
91	rule shall not be considered a lobbyist for any purpose.
92	(h)  No person convicted of a felony shall register as a
93	lobbyist pursuant to this subsection, until the person:
94	1.  Has been released from incarceration and any
95	postconviction supervision, and has paid all court costs and
96	court-ordered restitution;
97	2.  Has had his or her civil rights restored; or
98	3.  Has been authorized by affirmative vote of each house
99	of the Legislature to register as a lobbyist.
100	(3)  Each house of the Legislature shall provide by rule
101	the following reporting requirements:
102	(a)  Statements shall be filed by all registered lobbyists
103	four two times per year, which must disclose all lobbying
104	expenditures by the lobbyist and the principal and the source of
105	funds for such expenditures. All expenditures made by the
106	lobbyist and the principal for the purpose of lobbying must be
107	reported. Reporting of expenditures shall be made on an accrual
108	basis. The report of such expenditures must identify whether the
109	expenditure was made directly by the lobbyist, directly by the
110	principal, initiated or expended by the lobbyist and paid for by
111	the principal, or initiated or expended by the principal and
112	paid for by the lobbyist. The principal is responsible for the
113	accuracy of the expenditures reported as lobbying expenditures
114	made by the principal. The lobbyist is responsible for the
115	accuracy of the expenditures reported as lobbying expenditures
116	made by the lobbyist. Expenditures made must be reported in the
117	aggregate in either the category "food and beverages" or
118	"novelty items." by the category of the expenditure, including,
119	but not limited to, the categories of food and beverages,
120	entertainment, research, communication, media advertising,
121	publications, travel, and lodging. For each expenditure that
122	comprises part of the aggregate total reported in the "food and
123	beverages" category, the report must also include the full name
124	and address of each person to whom the expenditure was made; the
125	date of the expenditure; and the name and title of the member or
126	employee of the Legislature for whom the expenditure was made.
127	Lobbying expenditures do not include a lobbyist's or principal's
128	salary, office expenses, and personal expenses for lodging,
129	meals, and travel.
130	(b)  If a principal is represented by two or more
131	lobbyists, the first lobbyist who registers to represent that
132	principal shall be the designated lobbyist. The designated
133	lobbyist's expenditure report shall include all lobbying
134	expenditures made directly by the principal and those
135	expenditures of the designated lobbyist on behalf of that
136	principal as required by paragraph (a). All other lobbyists
137	registered to represent that principal shall file a report
138	pursuant to paragraph (a). The report of lobbying expenditures
139	by the principal shall be made pursuant to the requirements of
140	paragraph (a). The principal is responsible for the accuracy of
141	figures reported by the designated lobbyist as lobbying
142	expenditures made directly by the principal. The designated
143	lobbyist is responsible for the accuracy of the figures reported
144	as lobbying expenditures made by that lobbyist. Each lobbyist
145	shall file an expenditure report for each period during any
146	portion of which he or she was registered, and each principal
147	shall ensure that an expenditure report is filed for each period
148	during any portion of which the principal was represented by a
149	registered lobbyist. A principal may submit a written statement
150	that a sole lobbyist or a designated lobbyist may sign
151	expenditure reports on behalf of the principal.
152	(c)1.  Each lobbyist, including a designated lobbyist,
153	shall identify on the activity report all general areas of the
154	principal's legislative interest that were lobbied during the
155	reporting period.
156	2.  For each general area of legislative interest
157	designated, the lobbyist shall provide a detailed written
158	description of all specific issues lobbied within the general
159	area.
160	3.  The report shall contain the:
161	a.  Full name, business address, and telephone number of
162	the lobbying firm.
163	b.  Name of each of the firm's lobbyists.
164	c.  Full name, business address, and telephone number of
165	the principal.
166	(d)(c)  For each reporting period the division shall
167	aggregate the expenditures reported by all of the lobbyists for
168	a principal represented by more than one lobbyist. Further, the
169	division shall aggregate figures that provide a cumulative total
170	of expenditures reported as spent by and on behalf of each
171	principal for the calendar year.
172	(e)(d)  The expenditure reporting statements shall be filed
173	no later than 45 days after the end of each the reporting
174	period. The four reporting periods are  The first report shall
175	include the expenditures for the period from January 1 through
176	March 31, April 1 through June 30, July 1 through September 30,
177	and October 1 through December 31, respectively June 30. The
178	second report shall disclose expenditures for the period from
179	July 1 through December 31. The statements shall be rendered in
180	the identical form provided by the respective houses and shall
181	be open to public inspection. Reporting statements shall may be
182	filed by electronic means as provided in s. 11.0455, when
183	feasible.
184	(e)  Reports shall be filed not later than 5 p.m. of the
185	report due date.  However, any report that is postmarked by the
186	United States Postal Service no later than midnight of the due
187	date shall be deemed to have been filed in a timely manner, and
188	a certificate of mailing obtained from and dated by the United
189	States Postal Service at the time of the mailing, or a receipt
190	from an established courier company which bears a date on or
191	before the due date, shall be proof of mailing in a timely
192	manner.
193	(f)  Each house of the Legislature shall provide by rule,
194	or both houses may provide by joint rule, a procedure by which a
195	lobbying firm or lobbyist who fails to timely file a report
196	shall be notified and assessed fines.  The rule shall provide
197	for the following:
198	1.  Upon determining that the report is late, the person
199	designated to review the timeliness of reports shall immediately
200	notify the lobbying firm or lobbyist as to the failure to timely
201	file the report and that a fine is being assessed for each late
202	day. The fine shall be $50 per day per report for each late day,
203	not to exceed $5,000 per report. However, in the event a
204	principal has failed to respond to a request to sign a report
205	timely filed by the lobbyist, such request made by the lobbyist
206	by certified mail at least 10 days prior to the reporting date,
207	the fine shall not exceed $100.
208	2.  Upon receipt of the report, the person designated to
209	review the timeliness of reports shall determine the amount of
210	the fine due based upon the earliest of the following:
211	a.  When a report is actually received by the lobbyist
212	registration and reporting office.
213	b.  When the electronic receipt issued pursuant to s.
214	11.0455 is dated When the report is postmarked.
215	c.  When the certificate of mailing is dated.
216	d.  When the receipt from an established courier company is
217	dated.
218	3.  Such fine shall be paid within 30 days after the notice
219	of payment due is transmitted by the Lobbyist Registration
220	Office, unless appeal is made to the division. The moneys shall
221	be deposited into the Legislative Lobbyist Registration Trust
222	Fund.
223	4.  A fine shall not be assessed against a lobbying firm or
224	lobbyist the first time any reports for which the lobbying firm
225	or lobbyist is responsible are not timely filed. However, to
226	receive the one-time fine waiver, all reports for which the
227	lobbying firm or lobbyist is responsible must be filed within 30
228	days after notice that any reports have not been timely filed is
229	transmitted by the Lobbyist Registration Office. A fine shall be
230	assessed for any subsequent late-filed reports.
231	5.  Any lobbying firm or lobbyist may appeal or dispute a
232	fine, based upon unusual circumstances surrounding the failure
233	to file on the designated due date, and may request and shall be
234	entitled to a hearing before the General Counsel of the Office
235	of Legislative Services, who shall recommend to the President of
236	the Senate and the Speaker of the House of Representatives, or
237	their respective designees, that the fine be waived in whole or
238	in part for good cause shown. The President of the Senate and
239	the Speaker of the House of Representatives, or their respective
240	designees, may concur in the recommendation and waive the fine
241	in whole or in part. Any such request shall be made within 30
242	days after the notice of payment due is transmitted by the
243	Lobbyist Registration Office.  In such case, the lobbying firm
244	or lobbyist shall, within the 30-day period, notify the person
245	designated to review the timeliness of reports in writing of his
246	or her intention to request a hearing.
247	6.  A lobbyist, a lobbyist's legal representative, or the
248	principal of a lobbyist may request that the filing of an
249	expenditure report be waived upon good cause shown, based on
250	unusual circumstances. The request must be filed with the
251	General Counsel of the Office of Legislative Services, who shall
252	make a recommendation concerning the waiver request to the
253	President of the Senate and the Speaker of the House of
254	Representatives. The President of the Senate and the Speaker of
255	the House of Representatives may grant or deny the request.
256	7.  The registration of a lobbyist who fails to timely pay
257	a fine is automatically suspended until the fine is paid or
258	waived. All lobbyist registrations for lobbyists who are
259	partners, owners, officers, or employees of a lobbying firm that
260	fails to timely pay a fine are automatically suspended until the
261	fine is paid or waived; the division shall promptly notify all
262	affected principals of any suspension or reinstatement.
263	8.7.  The person designated to review the timeliness of
264	reports shall notify the director of the division of the failure
265	of a lobbying firm or lobbyist to file a report after notice or
266	of the failure of a lobbying firm or lobbyist to pay the fine
267	imposed.
268	(4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
269	other provision of law to the contrary, no lobbyist or principal
270	shall make, directly or indirectly, and no member or employee of
271	the Legislature shall knowingly accept, directly or indirectly,
272	any lobbying expenditure, except for:
273	1.  Food and beverages:
274	a.  Consumed at a single sitting or meal;
275	b.  Paid for solely by lobbyists or principals who are
276	present for the duration of the sitting or meal;
277	c.  Where the actual value attributable to members and
278	employees of the Legislature is determinable;
279	d.  Provided that the actual gross value attributable to a
280	member or employee of the Legislature from all lobbyists and
281	principals paying for the food and beverages, including any
282	value attributable pursuant to paragraph (b), does not exceed
283	$100.
284	2.  Novelty items having an individual retail value of $25
285	or less provided to all members of the Senate or House of
286	Representatives during any regular or special session, or
287	provided during any week during which the Senate or House has
288	scheduled committee meetings.  Such novelty items may also be
289	distributed to the staff of either or both houses, subject to
290	the same timing constraints.
291	(b)  The value of any food and beverages provided to a
292	spouse or child of a member or employee of the Legislature shall
293	be attributed to the member or employee, as appropriate.
294	(c)  No principal shall provide compensation for lobbying
295	to any individual or business entity that is not a lobbying
296	firm.
297	(5)(4)  Each house of the Legislature shall provide by rule
298	a procedure by which a person, when in doubt about the
299	applicability and interpretation of this section in a particular
300	context, may submit in writing the facts for an advisory opinion
301	to the committee of either house and may appear in person before
302	the committee. The rule shall provide a procedure by which:
303	(a)  The committee shall render advisory opinions to any
304	person who seeks advice as to whether the facts in a particular
305	case would constitute a violation of this section.
306	(b)  The committee shall make sufficient deletions to
307	prevent disclosing the identity of persons in the decisions or
308	opinions.
309	(c)  All advisory opinions of the committee shall be
310	numbered, dated, and open to public inspection.
311	(6)(5)  Each house of the Legislature shall provide by rule
312	for keeping keep all advisory opinions of the committees
313	relating to lobbying firms, lobbyists, and lobbying activities.,
314	as well as The rule shall also provide that each house keep a
315	current list of registered lobbyists and their respective
316	reports required under this section, along with reports required
317	of lobbying firms under this section, all of which shall be open
318	for public inspection.
319	(7)(6)  Each house of the Legislature shall provide by rule
320	that the committee of either house shall investigate any
321	lobbying firm or lobbyist person engaged in legislative lobbying
322	upon receipt of a sworn complaint alleging a violation of this
323	section, s. 112.3148, or s. 112.3149 by such person. Such
324	proceedings shall be conducted pursuant to the rules of the
325	respective houses. If the committee finds that there has been a
326	violation of this section, s. 112.3148, or s. 112.3149, it shall
327	report its findings to the President of the Senate or the
328	Speaker of the House of Representatives, as appropriate,
329	together with a recommended penalty, to include a fine of not
330	more than $5,000, reprimand, censure, probation, or prohibition
331	from lobbying for a period of time not to exceed 24 months. Upon
332	the receipt of such report, the President of the Senate or the
333	Speaker of the House of Representatives shall cause the
334	committee report and recommendations to be brought before the
335	respective house and a final determination shall be made by a
336	majority of said house.
337	(8)(7)  Any person required to be registered or to provide
338	information pursuant to this section or pursuant to rules
339	established in conformity with this section who knowingly fails
340	to disclose any material fact required by this section or by
341	rules established in conformity with this section, or who
342	knowingly provides false information on any report required by
343	this section or by rules established in conformity with this
344	section, commits a noncriminal infraction, punishable by a fine
345	not to exceed $5,000. Such penalty shall be in addition to any
346	other penalty assessed by a house of the Legislature pursuant to
347	subsection (7)(6).
348	(9)(8)  There is hereby created the Legislative Lobbyist
349	Registration Trust Fund, to be used for the purpose of funding
350	any office established for the administration of the
351	registration of lobbyist lobbying the Legislature, including the
352	payment of salaries and other expenses, and for the purpose of
353	paying the expenses incurred by the Legislature in providing
354	services to lobbyists.  The trust fund is not subject to the
355	service charge to general revenue provisions of chapter 215.
356	Fees collected pursuant to rules established in accordance with
357	subsection (2) shall be deposited into the Legislative Lobbyist
358	Registration Trust Fund.
359	Section 2.  Section 11.0455, Florida Statutes, is created
360	to read:
361	11.0455  Electronic filing of compensation and expenditure
362	reports.--
363	(1)  As used in this section, the term "electronic filing
364	system" means an Internet system for recording and reporting
365	lobbying information required by law for each reporting period.
366	(2)  Each lobbying firm or lobbyist who is required to file
367	reports with the Division of Legislative Information Services
368	pursuant to s. 11.045 must file such reports with the division
369	by means of the division's electronic filing system.
370	(3)  A report filed pursuant to this section must be
371	completed and filed through the electronic filing system not
372	later than 11:59 p.m. of the day designated in s. 11.045. A
373	report not filed by 11:59 p.m. of the day designated is a late-
374	filed report and is subject to the penalties under s. 11.045(3).
375	(4)  Each report filed pursuant to this section is
376	considered to be certified as accurate and complete by the
377	lobbyist, the lobbying firm, or the designated lobbyist and
378	principal, whichever is applicable, and such persons are subject
379	to the provisions of s. 11.045(7) and s. 11.045(8). Persons
380	given a secure sign-on to the electronic filing system are
381	responsible for protecting it from disclosure and are
382	responsible for all filings using such credentials, unless they
383	have notified the division that their credentials have been
384	compromised.
385	(5)  The electronic filing system developed by the division
386	must:
387	(a)  Be based on access by means of the Internet.
388	(b)  Be accessible by anyone with Internet access using
389	standard web-browsing software.
390	(c)  Provide for direct entry of any information required
391	by law as well as upload of such information from software
392	authorized by the division.
393	(d)  Provide a method that prevents unauthorized access to
394	electronic filing system functions.
395	(6)  Each house of the Legislature shall provide by rule,
396	or may provide by a joint rule adopted by both houses,
397	procedures to implement and administer this section, including,
398	but not limited to:
399	(a)  Alternate filing procedures in case the division's
400	electronic filing system is not operable.
401	(b)  The issuance of an electronic receipt to the person
402	submitting the report indicating and verifying the date and time
403	that the report was filed.
404	(7)  Each house of the Legislature shall provide by rule
405	that the division make all the data filed available on the
406	Internet in an easily understood and accessible format. The
407	Internet website shall also include, but not be limited to, the
408	names and business addresses of lobbyists, lobbying firms, and
409	principals, the affiliations between lobbyists and principals,
410	and the North American Industry Classification System code and
411	corresponding index entry identified by each principal pursuant
412	to s. 11.045(2).
413	Section 3.  Section 112.3215, Florida Statutes, is amended
414	to read:
415	112.3215  Lobbying Lobbyists before the executive branch or
416	the Constitution Revision Commission; registration and
417	reporting; investigation by commission.--
418	(1)  For the purposes of this section:
419	(a)  "Agency" means the Governor, Governor and Cabinet, or
420	any department, division, bureau, board, commission, or
421	authority of the executive branch.  In addition, "agency" shall
422	mean the Constitution Revision Commission as provided by s. 2,
423	Art. XI of the State Constitution.
424	(b)  "Expenditure" means a payment, distribution, loan,
425	advance, reimbursement, deposit, or anything of value made by a
426	lobbyist or principal for the purpose of lobbying.
427	(c)  "Fund" means the Executive Branch Lobby Registration
428	Trust Fund.
429	(d)1.  "Lobbies" means seeking, on behalf of another
430	person, to influence an agency with respect to a decision of the
431	agency in the area of policy or procurement or an attempt to
432	obtain the goodwill of an agency official or employee.
433	"Lobbies" also means influencing or attempting to influence, on
434	behalf of another, the Constitution Revision Commission's action
435	or nonaction through oral or written communication or an attempt
436	to obtain the goodwill of a member or employee of the
437	Constitution Revision Commission.
438	2.  Food and beverages paid for or provided, directly or
439	indirectly, by a lobbyist or principal to, or for the benefit
440	of, an agency official or employee or a member or employee of
441	the Constitution Revision Commission is deemed an attempt to
442	obtain such person's goodwill unless the lobbyist or principal
443	is the person's parent, spouse, child, sibling, grandparent, or
444	grandchild.
445	(e)  "Lobbying firm" means a business entity, including an
446	individual contract lobbyist, that receives or becomes entitled
447	to receive any compensation for the purpose of lobbying, where
448	any partner, owner, officer, or employee of the business entity
449	is a lobbyist.
450	(f)(e)  "Lobbyist" means a person who is employed and
451	receives payment, or who contracts for economic consideration,
452	for the purpose of lobbying, or a person who is principally
453	employed for governmental affairs by another person or
454	governmental entity to lobby on behalf of that other person or
455	governmental entity. "Lobbyist" does not include a person who
456	is:
457	1.  An attorney, or any person, who represents a client in
458	a judicial proceeding or in a formal administrative proceeding
459	conducted pursuant to chapter 120 or any other formal hearing
460	before an agency, board, commission, or authority of this state.
461	2.  An employee of an agency or of a legislative or
462	judicial branch entity acting in the normal course of his or her
463	duties.
464	3.  A confidential informant who is providing, or wishes to
465	provide, confidential information to be used for law enforcement
466	purposes.
467	4.  A person who lobbies to procure a contract pursuant to
468	chapter 287 which contract is less than the threshold for
469	CATEGORY ONE as provided in s. 287.017(1)(a).
470	(g)(f)  "Principal" means the person, firm, corporation, or
471	other entity which has employed or retained a lobbyist,
472	including a lobbying firm that subcontracts work.
473	(2)  The Executive Branch Lobby Registration Trust Fund is
474	hereby created within the commission to be used for the purpose
475	of funding any office established to administer the registration
476	of lobbyists lobbying an agency, including the payment of
477	salaries and other expenses. The trust fund is not subject to
478	the service charge to General Revenue provisions of chapter 215.
479	All annual registration fees collected pursuant to this section
480	shall be deposited into such fund.
481	(3)  A person may not lobby an agency until such person has
482	registered as a lobbyist with the commission.  Such registration
483	shall be due upon initially being retained to lobby and is
484	renewable on a calendar year basis thereafter. No person
485	convicted of a felony shall register as a lobbyist pursuant to
486	this subsection, until the person: has been released from
487	incarceration and any postconviction supervision, and has paid
488	all court costs and court-ordered restitution; has had his or
489	her civil rights restored; or has been authorized by majority
490	vote of the Governor and Cabinet to register as a lobbyist. Upon
491	registration the person shall provide a statement signed by the
492	principal or principal's representative that the registrant is
493	authorized to represent the principal. The principal shall also
494	designate the most recent North American Industry Classification
495	System numerical code and corresponding index entry that most
496	accurately describes the principal's main business on the
497	statement authorizing the principal's designated lobbyist. The
498	registration shall require each the lobbyist to disclose, under
499	oath, the following information:
500	(a)  Name and business address;
501	(b)  The name and business address of each principal
502	represented;
503	(c)  His or her area of interest;
504	(d)  The agencies before which he or she will appear; and
505	(e)  The existence of any direct or indirect business
506	association, partnership, or financial relationship with any
507	employee of an agency with which he or she lobbies, or intends
508	to lobby, as disclosed in the registration.
509	(4)  The annual lobbyist registration fee shall be set by
510	the commission by rule, not to exceed $40 for each principal
511	represented.
512	(5)(a)  A registered lobbyist must also submit to the
513	commission, quarterly biannually, a signed expenditure report
514	summarizing all lobbying expenditures by the lobbyist and the
515	principal for each 3-month 6-month period during any portion of
516	which the lobbyist is registered.  All expenditures made by the
517	lobbyist and the principal for the purpose of lobbying must be
518	reported. Reporting of expenditures shall be on an accrual
519	basis. The report of such expenditures must identify whether the
520	expenditure was made directly by the lobbyist, directly by the
521	principal, initiated or expended by the lobbyist and paid for by
522	the principal, or initiated or expended by the principal and
523	paid for by the lobbyist. The principal is responsible for the
524	accuracy of the expenditures reported as lobbying expenditures
525	made by the principal. The lobbyist is responsible for the
526	accuracy of the expenditures reported as lobbying expenditures
527	made by the lobbyist. Expenditures made must be reported in the
528	aggregate in either the category "food and beverages" or
529	"novelty items." by the category of the expenditure, including,
530	but not limited to, the categories of food and beverages,
531	entertainment, research, communication, media advertising,
532	publications, travel, and lodging. For each expenditure that
533	comprises part of the aggregate total reported in the "food and
534	beverages" category, the report must also include the full name
535	and address of each person to whom the expenditure was made; the
536	date of the expenditure; and the name, title, and agency of the
537	official, member, or employee for whom the expenditure was made.
538	Lobby expenditures do not include a lobbyist's or principal's
539	salary, office expenses, and personal expenses for lodging,
540	meals, and travel.
541	(b)  A principal who is represented by two or more
542	lobbyists shall designate one lobbyist whose expenditure report
543	shall include all lobbying expenditures made directly by the
544	principal and those expenditures of the designated lobbyist on
545	behalf of that principal as required by paragraph (a). All other
546	lobbyists registered to represent that principal shall file a
547	report pursuant to paragraph (a). The report of lobbying
548	expenditures by the principal shall be made pursuant to the
549	requirements of paragraph (a). The principal is responsible for
550	the accuracy of figures reported by the designated lobbyist as
551	lobbying expenditures made directly by the principal. The
552	designated lobbyist is responsible for the accuracy of the
553	figures reported as lobbying expenditures made by that lobbyist.
554	A principal may submit a written statement that a sole lobbyist
555	or a designated lobbyist may sign expenditure reports on behalf
556	of the principal.
557	(c)1.  Each lobbyist, including a designated lobbyist,
558	shall identify on the activity report all general areas of the
559	principal's lobbying interest that were lobbied during the
560	reporting period.
561	2.  For each general area of lobbying interest designated,
562	the lobbyist shall provide a detailed written description of all
563	specific issues lobbied within the general area.
564	3.  The report shall include the:
565	a.  Full name, business address, and telephone number of
566	the lobbying firm.
567	b.  Name of each of the firm's lobbyists.
568	c.  Full name, business address, and telephone number of
569	the principal.
570	4.  The senior partner, officer, or owner of the lobbying
571	firm shall certify to the veracity and completeness of the
572	information submitted pursuant to this paragraph.
573	(d)(c)  For each reporting period the commission shall
574	aggregate the expenditures of all lobbyists for a principal
575	represented by more than one lobbyist. Further, the commission
576	shall aggregate figures that provide a cumulative total of
577	expenditures reported as spent by and on behalf of each
578	principal for the calendar year.
579	(e)(d)  The expenditure reporting statements shall be filed
580	no later than 45 days after the end of each reporting period.
581	and shall include the expenditures for the period The four
582	reporting periods are from January 1 through March 31 June 30,
583	April 1 through June 30, and July 1 through September 30, and
584	October 1 through December 31, respectively. Reporting
585	statements shall be filed by electronic means as provided in s.
586	112.32155.
587	(e)  Reports shall be filed not later than 5 p.m. of the
588	report due date.  However, any report that is postmarked by the
589	United States Postal Service no later than midnight of the due
590	date shall be deemed to have been filed in a timely manner, and
591	a certificate of mailing obtained from and dated by the United
592	States Postal Service at the time of the mailing, or a receipt
593	from an established courier company which bears a date on or
594	before the due date, shall be proof of mailing in a timely
595	manner.
596	(f)  The commission shall provide by rule a procedure by
597	which a lobbying firm or lobbyist who fails to timely file a
598	report shall be notified and assessed fines.  The rule shall
599	provide for the following:
600	1.  Upon determining that the report is late, the person
601	designated to review the timeliness of reports shall immediately
602	notify the lobbying firm or lobbyist as to the failure to timely
603	file the report and that a fine is being assessed for each late
604	day. The fine shall be $50 per day per report for each late day
605	up to a maximum of $5,000 per late report. However, in the event
606	a principal has failed to respond to a request to sign a report
607	timely filed by a lobbyist, such request made by the lobbyist by
608	certified mail at least 10 days prior to the reporting date, the
609	fine shall not exceed $100.
610	2.  Upon receipt of the report, the person designated to
611	review the timeliness of reports shall determine the amount of
612	the fine due based upon the earliest of the following:
613	a.  When a report is actually received by the lobbyist
614	registration and reporting office.
615	b.  When the electronic receipt issued pursuant to s.
616	112.32155 is dated report is postmarked.
617	c.  When the certificate of mailing is dated.
618	d.  When the receipt from an established courier company is
619	dated.
620	3.  Such fine shall be paid within 30 days after the notice
621	of payment due is transmitted by the Lobbyist Registration
622	Office, unless appeal is made to the commission.  The moneys
623	shall be deposited into the Executive Branch Lobby Registration
624	Trust Fund.
625	4.  A fine shall not be assessed against a lobbying firm or
626	lobbyist the first time any reports for which the lobbying firm
627	or lobbyist is responsible are not timely filed. However, to
628	receive the one-time fine waiver, all reports for which the
629	lobbying firm or lobbyist is responsible must be filed within 30
630	days after the notice that any reports have not been timely
631	filed is transmitted by the Lobbyist Registration Office. A fine
632	shall be assessed for any subsequent late-filed reports.
633	5.  Any lobbying firm or lobbyist may appeal or dispute a
634	fine, based upon unusual circumstances surrounding the failure
635	to file on the designated due date, and may request and shall be
636	entitled to a hearing before the commission, which shall have
637	the authority to waive the fine in whole or in part for good
638	cause shown.  Any such request shall be made within 30 days
639	after the notice of payment due is transmitted by the Lobbyist
640	Registration Office.  In such case, the lobbying firm or
641	lobbyist shall, within the 30-day period, notify the person
642	designated to review the timeliness of reports in writing of his
643	or her intention to bring the matter before the commission.
644	6.  The person designated to review the timeliness of
645	reports shall notify the commission of the failure of a lobbying
646	firm or lobbyist to file a report after notice or of the failure
647	of a lobbying firm or lobbyist to pay the fine imposed.
648	7.  Notwithstanding any provision of chapter 120, any fine
649	imposed under this subsection that is not waived by final order
650	of the commission and that remains unpaid more than 60 days
651	after the notice of payment due or more than 60 days after the
652	commission renders a final order on the lobbying firm's or
653	lobbyist's appeal shall be collected by the Department of
654	Financial Services as a claim, debt, or other obligation owed to
655	the state, and the department may assign the collection of such
656	fine to a collection agent as provided in s. 17.20.
657	(g)  The commission shall adopt a rule which allows
658	reporting statements to be filed by electronic means, when
659	feasible.
660	(g)1.(h)  Each lobbyist and each principal shall preserve
661	for a period of 4 years all accounts, bills, receipts, computer
662	records, books, papers, and other documents and records
663	necessary to substantiate lobbying expenditures. Any documents
664	and records retained pursuant to this section may be inspected
665	under reasonable circumstances by any authorized representative
666	of the commission. The right of inspection may be enforced in
667	circuit court by appropriate writ issued by any court of
668	competent jurisdiction.
669	2.  Each lobbying firm and each principal shall preserve
670	for a period of 4 years all accounts, bills, receipts, computer
671	records, books, papers, and other documents and records
672	necessary to substantiate compensation. After a finding of
673	probable clause by the Commission on Ethics, any documents and
674	records retained pursuant to this section may be subpoenaed for
675	audit by the Auditor General pursuant to s. 11.45 and such
676	subpoena may be enforced in circuit court.
677	(6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
678	other provision of law to the contrary, no lobbyist or principal
679	shall make, directly or indirectly, and no agency official,
680	member, or employee shall knowingly accept, directly or
681	indirectly, any lobbying expenditure, except for:
682	1.  Food and beverages:
683	a.  Consumed at a single sitting or meal;
684	b.  Paid for solely by lobbyists or principals who are
685	present for the duration of the sitting or meal;
686	c.  Where the actual value attributable to officials,
687	members, and employees of the agency or commission is
688	determinable;
689	d.  Provided that the actual gross value attributable to an
690	agency official, member, or employee from all lobbyists and
691	principals paying for the food and beverages, including any
692	value attributable pursuant to paragraph (b), does not exceed
693	$100.
694	(b)  The value of any food and beverages provided to a
695	spouse or child of an agency official, member, or employee shall
696	be attributed to such official, member, or employee.
697	(c)  No principal shall provide compensation for lobbying
698	to any individual or business entity that is not a lobbying
699	firm.
700	(7)(6)  A lobbyist shall promptly send a written statement
701	to the commission canceling the registration for a principal
702	upon termination of the lobbyist's representation of that
703	principal.  Notwithstanding this requirement, the commission may
704	remove the name of a lobbyist from the list of registered
705	lobbyists if the principal notifies the office that a person is
706	no longer authorized to represent that principal. Each lobbyist
707	is responsible for filing an expenditure report for each period
708	during any portion of which he or she was registered, and each
709	principal is responsible for seeing that an expenditure report
710	is filed for each period during any portion of which the
711	principal was represented by a registered lobbyist.
712	(8)(a)(7)  The commission shall investigate every sworn
713	complaint that is filed with it alleging that a person covered
714	by this section has failed to register, has failed to submit a
715	compensation or an expenditure report, or has knowingly
716	submitted false information in any report or registration
717	required in this section.
718	(b)  All proceedings, the complaint, and other records
719	relating to the investigation are confidential and exempt from
720	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
721	Constitution, and any meetings held pursuant to an investigation
722	are exempt from the provisions of s. 286.011(1) and s. 24(b),
723	Art. I of the State Constitution either until the alleged
724	violator requests in writing that such investigation and
725	associated records and meetings be made public or until the
726	commission determines, based on the investigation, whether
727	probable cause exists to believe that a violation has occurred.
728	(9)(8)  If the commission finds no probable cause to
729	believe that a violation of this section occurred, it shall
730	dismiss the complaint, whereupon the complaint, together with a
731	written statement of the findings of the investigation and a
732	summary of the facts, shall become a matter of public record,
733	and the commission shall send a copy of the complaint, findings,
734	and summary to the complainant and the alleged violator. If the
735	commission finds probable cause to believe that a violation
736	occurred, it shall report the results of its investigation to
737	the Governor and Cabinet and send a copy of the report to the
738	alleged violator by certified mail.  Such notification and all
739	documents made or received in the disposition of the complaint
740	shall then become public records. Upon request submitted to the
741	Governor and Cabinet in writing, any person whom the commission
742	finds probable cause to believe has violated any provision of
743	this section shall be entitled to a public hearing. Such person
744	shall be deemed to have waived the right to a public hearing if
745	the request is not received within 14 days following the mailing
746	of the probable cause notification. However, the Governor and
747	Cabinet may on its own motion require a public hearing and may
748	conduct such further investigation as it deems necessary.
749	(10)(9)  If the Governor and Cabinet finds that a violation
750	occurred, it may reprimand the violator, censure the violator,
751	or prohibit the violator from lobbying all agencies for a period
752	not to exceed 2 years. If the violator is a lobbying firm, the
753	Governor and Cabinet may also assess a fine of not more than
754	$5,000 to be deposited in the Executive Branch Lobby
755	Registration Trust Fund.
756	(11)(10)  Any person, when in doubt about the applicability
757	and interpretation of this section to himself or herself in a
758	particular context, may submit in writing the facts of the
759	situation to the commission with a request for an advisory
760	opinion to establish the standard of duty.  An advisory opinion
761	shall be rendered by the commission and, until amended or
762	revoked, shall be binding on the conduct of the person who
763	sought the opinion, unless material facts were omitted or
764	misstated in the request.
765	(12)(11)  Agencies shall be diligent to ascertain whether
766	persons required to register pursuant to this section have
767	complied.  An agency may not knowingly permit a person who is
768	not registered pursuant to this section to lobby the agency.
769	(13)(12)  Upon discovery of violations of this section an
770	agency or any person may file a sworn complaint with the
771	commission.
772	(14)(13)  The commission shall adopt rules to administer
773	this section, which shall prescribe forms for registration and
774	expenditure reports, procedures for registration, and procedures
775	that will prevent disclosure of information that is confidential
776	as provided in this section.
777	Section 4.  Section 112.32155, Florida Statutes, is created
778	to read:
779	112.32155  Electronic filing of expenditure reports.--
780	(1)  As used in this section, the term "electronic filing
781	system" means an Internet system for recording and reporting
782	lobbying expenditures and other required information by
783	reporting period.
784	(2)  Each lobbying firm or lobbyist who is required to file
785	reports with the Commission on Ethics pursuant to s. 112.3215
786	must file such reports with the commission by means of the
787	electronic filing system.
788	(3)  A report filed pursuant to this section must be
789	completed and filed through the electronic filing system not
790	later than 11:59 p.m. of the day designated in s. 112.3215. A
791	report not filed by 11:59 p.m. of the day designated is a late-
792	filed report and is subject to the penalties under s.
793	112.3215(5).
794	(4)  Each report filed pursuant to this section is
795	considered to be certified as accurate and complete by the
796	lobbyist, the lobbying firm, or the designated lobbyist and
797	principal, whichever is applicable. Persons given a secure sign-
798	on to the electronic filing system are responsible for
799	protecting it from disclosure and are responsible for all
800	filings using such credentials, unless they have notified the
801	division that their credentials have been compromised.
802	(5)  The electronic filing system must:
803	(a)  Be based on access by means of the Internet.
804	(b)  Be accessible by anyone with Internet access using
805	standard web-browsing software.
806	(c)  Provide for direct entry of expenditure-report
807	information as well as upload of such information from software
808	authorized by the commission.
809	(d)  Provide a method that prevents unauthorized access to
810	electronic filing system functions.
811	(6)  The commission shall provide by rule procedures to
812	implement and administer this section, including, but not
813	limited to:
814	(a)  Alternate filing procedures in case the electronic
815	filing system is not operable.
816	(b)  The issuance of an electronic receipt to the person
817	submitting the report indicating and verifying the date and time
818	that the report was filed.
819	(7)  The commission shall make all the data filed available
820	on the Internet in an easily understood and accessible format.
821	The Internet web site shall also include, but not be limited to,
822	the names and business addresses of lobbyists, lobbying firms,
823	and principals, affiliations between lobbyists and principals,
824	and the North American Industry Classification code and
825	corresponding index entry identified by each principal pursuant
826	to s. 112.3215(3).
827	Section 5.  This act shall take effect July 1, 2007.
828
829
830	================= T I T L E  A M E N D M E N T =================
831	Remove the entire title and insert:
832	A bill to be entitled
833	An act relating to lobbying; amending s. 11.045, F.S.,
834	relating to the requirements that legislative lobbyists
835	register and report as required by legislative rule;
836	defining the term "lobbying firm"; amending definitions
837	for the terms "lobbying" and "principal"; requiring each
838	principal upon the registration of the principal's
839	designated lobbyist to identify the principal's main
840	business; requiring each lobbying firm and principal to
841	maintain certain records and documents for a specified
842	period; specifying judicial jurisdiction for enforcing the
843	right to inspect certain documents and records;
844	conditionally prohibiting convicted felons from
845	registering as a legislative lobbyist; modifying the
846	aggregate reporting categories on lobbying expenditure
847	reporting forms; requiring lobbying expenditure reporting
848	forms to include the name and address of each person to
849	whom an expenditure for food and beverages was made, date
850	of the expenditure, and the name and title of the
851	legislator or employee for whom the expenditure was made;
852	providing for certain lobbyists to sign expenditure
853	reports on behalf of a principal under certain
854	circumstances; requiring each lobbyist to report the
855	general areas of the principal's legislative interest and
856	specific issues lobbied; requiring certain lobbying firms
857	to report the name and address of the principal
858	originating lobbying work; prohibiting lobbying
859	expenditures, except for certain food and beverages and
860	novelty items; prohibiting principals from providing
861	lobbying compensation to any individual or business entity
862	other than a lobbying firm; providing for the Legislature
863	to adopt rules to maintain and make publicly available all
864	advisory opinions and reports relating to lobbying firms,
865	to conform; providing for the Legislature to adopt rules
866	authorizing legislative committees to investigate certain
867	person and entities engaged in legislative lobbying;
868	providing a cap on fines for certain late-filed reports;
869	requiring compensation and expenditure reports to be filed
870	electronically; creating s. 11.0455, F.S.; defining the
871	term "electronic filing system"; providing requirements
872	for lobbyists and lobbying firms filing reports with the
873	Division of Legislative Information Services by means of
874	the division's electronic filing system; providing that
875	such reports are considered to be certified as accurate
876	and complete; providing requirements for the electronic
877	filing system; providing for the Legislature to adopt
878	rules to administer the electronic filing system;
879	requiring alternate filing procedures; requiring the
880	issuance of electronic receipts; requiring that the
881	division provide for public access to certain data;
882	amending s. 112.3215, F.S., relating to the requirements
883	that executive branch and Constitution Revision Commission
884	lobbyists register and report as required; defining the
885	term "lobbying firm"; amending definitions for the terms
886	"lobbies" and "principal"; conditionally prohibiting
887	convicted felons from registering as an executive branch
888	lobbyist; requiring each principal upon the registration
889	of the principal's designated lobbyist to identify the
890	principal's main business; modifying the aggregate
891	reporting categories on lobbying expenditure reporting
892	forms; requiring lobbying expenditure reporting forms to
893	include the name and address of each person to whom an
894	expenditure for food and beverages was made, date of the
895	expenditure, and the name and title of the agency
896	official, member, or employee for whom the expenditure was
897	made; providing for certain lobbyists to sign expenditure
898	reports on behalf of a principal under certain
899	circumstances; requiring each lobbyist to report the
900	general areas of the principal's lobbying interest and
901	specific issues lobbied; requiring certain lobbying firms
902	to report the name and address of the principal
903	originating lobbying work; requiring each lobbying firm
904	and principal to maintain certain records and documents
905	for a specified period; specifying judicial jurisdiction
906	for enforcing the right of inspection; prohibiting
907	lobbying expenditures, except for certain food and
908	beverages and novelty items; providing a cap on fines for
909	certain late-filed reports; requiring expenditure reports
910	to be filed electronically; creating s. 112.32155, F.S.;
911	defining the term "electronic filing system"; providing
912	requirements for lobbyists and lobbying firms filing
913	reports with the Florida Commission on Ethics by means of
914	the electronic filing system; providing that such reports
915	are considered to be certified as accurate and complete;
916	providing requirements for the electronic filing system;
917	providing for the commission to adopt rules to administer
918	the electronic filing system; requiring alternate filing
919	procedures; requiring the issuance of electronic receipts;
920	requiring that the commission provide for public access to
921	certain data; providing an effective date.
922
923	WHEREAS, restoring the public's trust in government is a
924	top priority of the Florida Legislature, and
925	WHEREAS, it is a fundamental right for people to have
926	access and redress their government for any reason, and,
927	WHEREAS, in many cases, lobbyists assist people in the
928	exercise of this fundamental right, and,
929	WHEREAS, Floridians have a right to know what their state
930	and local government officials and employees are doing and with
931	whom, so that they can gauge the influence and the role of
932	special interests in the development and implementation of
933	public policy, and,
934	WHEREAS, the Florida Legislature believes that fuller,
935	fairer, and more open disclosure will help restore the public
936	trust in government,
937	WHEREAS, the Florida Legislature has the ultimate
938	responsibility of restoring the public trust through legislating
939	reporting requirements for public officials as well as the
940	reporting requirements required by lobbyists, NOW, THEREFORE,

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