| 1 | Representative Zapata offered the following: |
| 2 |
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| 3 | Amendment to Amendment (751873) |
| 4 | Remove lines 150-556 and insert: |
| 5 | b. Name and photograph of each of the firm's lobbyists. |
| 6 | 2. For each principal represented by one or more of the |
| 7 | firm's lobbyists, the compensation report shall include the: |
| 8 | a. Full name, business address, and telephone number of |
| 9 | the principal; |
| 10 | b. Total compensation for lobbying in this state provided |
| 11 | or owed to the lobbying firm for the reporting period, reported |
| 12 | in one of the following categories: $0; less than $25,000; |
| 13 | $25,001 to $50,000; 50,001 to $75,000; $75,001 to $100,000; |
| 14 | $100,001 to $125,000; $125,001 to $150,000; $150,001 or more. If |
| 15 | the category "$150,001 or more" is selected, the specific dollar |
| 16 | amount of compensation must be reported, rounded up or down to |
| 17 | the nearest $1,000; and |
| 18 | c. If the lobbying firm is reporting compensation |
| 19 | resulting from a subcontracting agreement with another lobbying |
| 20 | firm, the full name and business address of the principal |
| 21 | originating the lobbying work. |
| 22 | 3. The senior partner, officer, or owner of the lobbying |
| 23 | firm shall certify to the veracity and completeness of the |
| 24 | information submitted pursuant to this paragraph. |
| 25 | (e)(c) For each reporting period the division shall |
| 26 | aggregate the expenditures reported by all of the lobbyists for |
| 27 | a principal represented by more than one lobbyist. Further, the |
| 28 | division shall aggregate figures that provide a cumulative total |
| 29 | of expenditures reported as spent by and on behalf of each |
| 30 | principal for the calendar year. For each principal represented |
| 31 | by more than one lobbying firm, the division shall also |
| 32 | aggregate the reporting-period compensation reported as provided |
| 33 | or owed by the principal. |
| 34 | (f)(d) The compensation and expenditure reporting |
| 35 | statements shall be filed no later than 45 days after the end of |
| 36 | each the reporting period. The first report shall include the |
| 37 | compensation and expenditures for the period from January 1 |
| 38 | through June 30. The second report shall disclose expenditures |
| 39 | for the period from July 1 through December 31. The statements |
| 40 | shall be rendered in the identical form provided by the |
| 41 | respective houses and shall be open to public inspection. |
| 42 | Reporting statements may be filed by electronic means, when |
| 43 | feasible. |
| 44 | (e) Reports shall be filed not later than 5 p.m. of the |
| 45 | report due date. However, any report that is postmarked by the |
| 46 | United States Postal Service no later than midnight of the due |
| 47 | date shall be deemed to have been filed in a timely manner, and |
| 48 | a certificate of mailing obtained from and dated by the United |
| 49 | States Postal Service at the time of the mailing, or a receipt |
| 50 | from an established courier company which bears a date on or |
| 51 | before the due date, shall be proof of mailing in a timely |
| 52 | manner. |
| 53 | (g)(f) Each house of the Legislature shall provide by |
| 54 | rule, or both houses may provide by joint rule, a procedure by |
| 55 | which a lobbying firm or lobbyist who fails to timely file a |
| 56 | report shall be notified and assessed fines. The rule shall |
| 57 | provide for the following: |
| 58 | 1. Upon determining that the report is late, the person |
| 59 | designated to review the timeliness of reports shall immediately |
| 60 | notify the lobbying firm or lobbyist as to the failure to timely |
| 61 | file the report and that a fine is being assessed for each late |
| 62 | day. The fine shall be $50 per day per report for each late day, |
| 63 | not to exceed $5,000 per report. |
| 64 | 2. Upon receipt of the report, the person designated to |
| 65 | review the timeliness of reports shall determine the amount of |
| 66 | the fine due based upon the earliest of the following: |
| 67 | a. When a report is actually received by the lobbyist |
| 68 | registration and reporting office. |
| 69 | b. When the report is postmarked. |
| 70 | c. When the certificate of mailing is dated. |
| 71 | d. When the receipt from an established courier company is |
| 72 | dated. |
| 73 | 3. Such fine shall be paid within 30 days after the notice |
| 74 | of payment due is transmitted by the Lobbyist Registration |
| 75 | Office, unless appeal is made to the division. The moneys shall |
| 76 | be deposited into the Legislative Lobbyist Registration Trust |
| 77 | Fund. |
| 78 | 4. A fine shall not be assessed against a lobbying firm or |
| 79 | lobbyist the first time any reports for which the lobbying firm |
| 80 | or lobbyist is responsible are not timely filed. However, to |
| 81 | receive the one-time fine waiver, all reports for which the |
| 82 | lobbying firm or lobbyist is responsible must be filed within 30 |
| 83 | days after notice that any reports have not been timely filed is |
| 84 | transmitted by the Lobbyist Registration Office. A fine shall be |
| 85 | assessed for any subsequent late-filed reports. |
| 86 | 5. Any lobbying firm or lobbyist may appeal or dispute a |
| 87 | fine, based upon unusual circumstances surrounding the failure |
| 88 | to file on the designated due date, and may request and shall be |
| 89 | entitled to a hearing before the General Counsel of the Office |
| 90 | of Legislative Services, who shall recommend to the President of |
| 91 | the Senate and the Speaker of the House of Representatives, or |
| 92 | their respective designees, that the fine be waived in whole or |
| 93 | in part for good cause shown. The President of the Senate and |
| 94 | the Speaker of the House of Representatives, or their respective |
| 95 | designees, may concur in the recommendation and waive the fine |
| 96 | in whole or in part. Any such request shall be made within 30 |
| 97 | days after the notice of payment due is transmitted by the |
| 98 | Lobbyist Registration Office. In such case, the lobbying firm |
| 99 | or lobbyist shall, within the 30-day period, notify the person |
| 100 | designated to review the timeliness of reports in writing of his |
| 101 | or her intention to request a hearing. |
| 102 | 6. A lobbyist, a lobbyist's legal representative, or the |
| 103 | principal of a lobbyist may request that the filing of an |
| 104 | expenditure report be waived upon good cause shown, based on |
| 105 | unusual circumstances. A lobbying firm may request that the |
| 106 | filing of a compensation report be waived upon good cause shown, |
| 107 | based on unusual circumstances. The request must be filed with |
| 108 | the General Counsel of the Office of Legislative Services, who |
| 109 | shall make a recommendation concerning the waiver request to the |
| 110 | President of the Senate and the Speaker of the House of |
| 111 | Representatives. The President of the Senate and the Speaker of |
| 112 | the House of Representatives may grant or deny the request. |
| 113 | 7. The registration of a lobbyist who fails to timely pay |
| 114 | a fine is automatically suspended until the fine is paid or |
| 115 | waived. All lobbyist registrations for lobbyists who are |
| 116 | partners, owners, officers, or employees of a lobbying firm that |
| 117 | fails to timely pay a fine are automatically suspended until the |
| 118 | fine is paid or waived; the division shall promptly notify all |
| 119 | affected principals of any suspension or reinstatement. |
| 120 | 8.7. The person designated to review the timeliness of |
| 121 | reports shall notify the director of the division of the failure |
| 122 | of a lobbying firm or lobbyist to file a report after notice or |
| 123 | of the failure of a lobbying firm or lobbyist to pay the fine |
| 124 | imposed. |
| 125 | (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any |
| 126 | other provision of law to the contrary, no lobbyist or principal |
| 127 | shall make, directly or indirectly, and no member or employee of |
| 128 | the Legislature shall knowingly accept, directly or indirectly, |
| 129 | any lobbying expenditure, except for: |
| 130 | 1. Food and beverages: |
| 131 | a. Consumed at a single sitting or meal; |
| 132 | b. Paid for solely by lobbyists or principals who are |
| 133 | present for the duration of the sitting or meal; |
| 134 | c. Where the actual value attributable to members and |
| 135 | employees of the Legislature is determinable; |
| 136 | d. Provided that the actual gross value attributable to a |
| 137 | member or employee of the Legislature from all lobbyists and |
| 138 | principals paying for the food and beverages, including any |
| 139 | value attributable pursuant to paragraph (b), does not exceed |
| 140 | $100. |
| 141 | 2. Novelty items having an individual retail value of $25 |
| 142 | or less provided to members of the Senate or House of |
| 143 | Representatives during any regular or special session, or |
| 144 | provided during any week during which the Senate or House has |
| 145 | scheduled committee meetings. Such novelty items may also be |
| 146 | distributed to the staff of either or both houses, subject to |
| 147 | the same timing constraints. |
| 148 | (b) The value of any food and beverages provided to a |
| 149 | spouse or child of a member or employee of the Legislature shall |
| 150 | be attributed to the member or employee, as appropriate. |
| 151 | (c) No principal shall provide compensation for lobbying |
| 152 | to any individual or business entity that is not a lobbying |
| 153 | firm. |
| 154 | (5)(4) Each house of the Legislature shall provide by rule |
| 155 | a procedure by which a person, when in doubt about the |
| 156 | applicability and interpretation of this section in a particular |
| 157 | context, may submit in writing the facts for an advisory opinion |
| 158 | to the committee of either house and may appear in person before |
| 159 | the committee. The rule shall provide a procedure by which: |
| 160 | (a) The committee shall render advisory opinions to any |
| 161 | person who seeks advice as to whether the facts in a particular |
| 162 | case would constitute a violation of this section. |
| 163 | (b) The committee shall make sufficient deletions to |
| 164 | prevent disclosing the identity of persons in the decisions or |
| 165 | opinions. |
| 166 | (c) All advisory opinions of the committee shall be |
| 167 | numbered, dated, and open to public inspection. |
| 168 | (6)(5) Each house of the Legislature shall provide by rule |
| 169 | for keeping keep all advisory opinions of the committees |
| 170 | relating to lobbying firms, lobbyists, and lobbying activities., |
| 171 | as well as The rule shall also provide that each house keep a |
| 172 | current list of registered lobbyists and their respective |
| 173 | reports required under this section, along with reports required |
| 174 | of lobbying firms under this section, all of which shall be open |
| 175 | for public inspection. |
| 176 | (7)(6) Each house of the Legislature shall provide by rule |
| 177 | that the committee of either house shall investigate any |
| 178 | lobbying firm or lobbyist person engaged in legislative lobbying |
| 179 | upon receipt of a sworn complaint alleging a violation of this |
| 180 | section, s. 112.3148, or s. 112.3149 by such person. Such |
| 181 | proceedings shall be conducted pursuant to the rules of the |
| 182 | respective houses. If the committee finds that there has been a |
| 183 | violation of this section, s. 112.3148, or s. 112.3149, it shall |
| 184 | report its findings to the President of the Senate or the |
| 185 | Speaker of the House of Representatives, as appropriate, |
| 186 | together with a recommended penalty, to include a fine of not |
| 187 | more than $5,000, reprimand, censure, probation, or prohibition |
| 188 | from lobbying for a period of time not to exceed 24 months. Upon |
| 189 | the receipt of such report, the President of the Senate or the |
| 190 | Speaker of the House of Representatives shall cause the |
| 191 | committee report and recommendations to be brought before the |
| 192 | respective house and a final determination shall be made by a |
| 193 | majority of said house. |
| 194 | (8)(7) Any person required to be registered or to provide |
| 195 | information pursuant to this section or pursuant to rules |
| 196 | established in conformity with this section who knowingly fails |
| 197 | to disclose any material fact required by this section or by |
| 198 | rules established in conformity with this section, or who |
| 199 | knowingly provides false information on any report required by |
| 200 | this section or by rules established in conformity with this |
| 201 | section, commits a noncriminal infraction, punishable by a fine |
| 202 | not to exceed $5,000. Such penalty shall be in addition to any |
| 203 | other penalty assessed by a house of the Legislature pursuant to |
| 204 | subsection (7)(6). |
| 205 | (9)(8) There is hereby created the Legislative Lobbyist |
| 206 | Registration Trust Fund, to be used for the purpose of funding |
| 207 | any office established for the administration of the |
| 208 | registration of lobbyist lobbying the Legislature, including the |
| 209 | payment of salaries and other expenses, and for the purpose of |
| 210 | paying the expenses incurred by the Legislature in providing |
| 211 | services to lobbyists. The trust fund is not subject to the |
| 212 | service charge to general revenue provisions of chapter 215. |
| 213 | Fees collected pursuant to rules established in accordance with |
| 214 | subsection (2) shall be deposited into the Legislative Lobbyist |
| 215 | Registration Trust Fund. |
| 216 | Section 2. Effective August 1, 2006, section 11.0455, |
| 217 | Florida Statutes, is created to read: |
| 218 | 11.0455 Electronic filing of compensation and expenditure |
| 219 | reports.-- |
| 220 | (1) As used in this section, the term "electronic filing |
| 221 | system" means an Internet system for recording and reporting |
| 222 | lobbying compensation, expenditures, and other required |
| 223 | information by reporting period. |
| 224 | (2) Each lobbying firm or lobbyist who is required to file |
| 225 | reports with the Division of Legislative Information Services |
| 226 | pursuant to s. 11.045 must file such reports with the division |
| 227 | by means of the division's electronic filing system. |
| 228 | (3) A report filed pursuant to this section must be |
| 229 | completed and filed through the electronic filing system not |
| 230 | later than 11:59 p.m. of the day designated in s. 11.045. A |
| 231 | report not filed by 11:59 p.m. of the day designated is a late- |
| 232 | filed report and is subject to the penalties under s. 11.045(3). |
| 233 | (4) Each report filed pursuant to this section is |
| 234 | considered to be certified to the best of the filer's knowledge |
| 235 | as accurate and complete by the lobbyist, the lobbying firm, or |
| 236 | the designated lobbyist and principal, whichever is applicable, |
| 237 | and such persons are subject to the provisions of s. 11.045(7) |
| 238 | and s. 11.045(8). Persons given a secure sign-on to the |
| 239 | electronic filing system are responsible for protecting it from |
| 240 | disclosure and are responsible for all filings using such |
| 241 | credentials, unless they have notified the division that their |
| 242 | credentials have been compromised. |
| 243 | (5) The electronic filing system developed by the division |
| 244 | must: |
| 245 | (a) Be based on access by means of the Internet. |
| 246 | (b) Be accessible by anyone with Internet access using |
| 247 | standard web-browsing software. |
| 248 | (c) Provide for direct entry of compensation-report and |
| 249 | expenditure-report information as well as upload of such |
| 250 | information from software authorized by the division. |
| 251 | (d) Provide a method that prevents unauthorized access to |
| 252 | electronic filing system functions. |
| 253 | (6) Each house of the Legislature shall provide by rule, |
| 254 | or may provide by a joint rule adopted by both houses, |
| 255 | procedures to implement and administer this section, including, |
| 256 | but not limited to: |
| 257 | (a) Alternate filing procedures in case the division's |
| 258 | electronic filing system is not operable. |
| 259 | (b) The issuance of an electronic receipt to the person |
| 260 | submitting the report indicating and verifying the date and time |
| 261 | that the report was filed. |
| 262 | (7) Each house of the Legislature shall provide by rule |
| 263 | that the division make all the data filed available on the |
| 264 | Internet in an easily understood and accessible format. The |
| 265 | Internet website shall also include, but not be limited to, the |
| 266 | names and business addresses of lobbyists, lobbying firms, and |
| 267 | principals, the affiliations between lobbyists and principals. |
| 268 | Section 3. Section 112.3215, Florida Statutes, is amended |
| 269 | to read: |
| 270 | 112.3215 Lobbying Lobbyists before the executive branch or |
| 271 | the Constitution Revision Commission; registration and |
| 272 | reporting; investigation by commission.-- |
| 273 | (1) For the purposes of this section: |
| 274 | (a) "Agency" means the Governor, Governor and Cabinet, or |
| 275 | any department, division, bureau, board, commission, or |
| 276 | authority of the executive branch. In addition, "agency" shall |
| 277 | mean the Constitution Revision Commission as provided by s. 2, |
| 278 | Art. XI of the State Constitution. |
| 279 | (b) "Compensation" means a payment, distribution, loan, |
| 280 | advance, reimbursement, deposit, salary, fee, retainer, or |
| 281 | anything of value provided or owed to a lobbying firm, directly |
| 282 | or indirectly, by a principal. |
| 283 | (c)(b) "Expenditure" means a payment, distribution, loan, |
| 284 | advance, reimbursement, deposit, or anything of value made by a |
| 285 | lobbyist or principal for the purpose of lobbying. A |
| 286 | contribution made to a political party regulated under chapter |
| 287 | 103 is not deemed an expenditure for purposes of this section. |
| 288 | (d)(c) "Fund" means the Executive Branch Lobby |
| 289 | Registration Trust Fund. |
| 290 | (e)1.(d) "Lobbies" means seeking, on behalf of another |
| 291 | person, to influence an agency with respect to a decision of the |
| 292 | agency in the area of policy or procurement or an attempt to |
| 293 | obtain the goodwill of an agency official or employee. |
| 294 | "Lobbies" also means influencing or attempting to influence, on |
| 295 | behalf of another, the Constitution Revision Commission's action |
| 296 | or nonaction through oral or written communication or an attempt |
| 297 | to obtain the goodwill of a member or employee of the |
| 298 | Constitution Revision Commission. |
| 299 | 2. Food and beverages paid for or provided, directly or |
| 300 | indirectly, by a lobbyist or principal to, or for the benefit |
| 301 | of, an agency official or employee or a member or employee of |
| 302 | the Constitution Revision Commission is deemed an attempt to |
| 303 | obtain such person's goodwill unless the lobbyist or principal |
| 304 | is the person's parent, spouse, child, or sibling. |
| 305 | (f) "Lobbying firm" means a business entity, including an |
| 306 | individual contract lobbyist, that receives or becomes entitled |
| 307 | to receive any compensation for the purpose of lobbying, where |
| 308 | any partner, owner, officer, or employee of the business entity |
| 309 | is a lobbyist. |
| 310 | (g)(e) "Lobbyist" means a person who is employed and |
| 311 | receives payment, or who contracts for economic consideration, |
| 312 | for the purpose of lobbying, or a person who is principally |
| 313 | employed for governmental affairs by another person or |
| 314 | governmental entity to lobby on behalf of that other person or |
| 315 | governmental entity. "Lobbyist" does not include a person who |
| 316 | is: |
| 317 | 1. An attorney, or any person, who represents a client in |
| 318 | a judicial proceeding or in a formal administrative proceeding |
| 319 | conducted pursuant to chapter 120 or any other formal hearing |
| 320 | before an agency, board, commission, or authority of this state. |
| 321 | 2. An employee of an agency or of a legislative or |
| 322 | judicial branch entity acting in the normal course of his or her |
| 323 | duties. |
| 324 | 3. A confidential informant who is providing, or wishes to |
| 325 | provide, confidential information to be used for law enforcement |
| 326 | purposes. |
| 327 | 4. A person who lobbies to procure a contract pursuant to |
| 328 | chapter 287 which contract is less than the threshold for |
| 329 | CATEGORY ONE as provided in s. 287.017(1)(a). |
| 330 | (h)(f) "Principal" means the person, firm, corporation, or |
| 331 | other entity which has employed or retained a lobbyist, |
| 332 | including a lobbying firm that subcontracts work. |
| 333 | (2) The Executive Branch Lobby Registration Trust Fund is |
| 334 | hereby created within the commission to be used for the purpose |
| 335 | of funding any office established to administer the registration |
| 336 | of lobbyists lobbying an agency, including the payment of |
| 337 | salaries and other expenses. The trust fund is not subject to |
| 338 | the service charge to General Revenue provisions of chapter 215. |
| 339 | All annual registration fees collected pursuant to this section |
| 340 | shall be deposited into such fund. |
| 341 | (3) A person may not lobby an agency until such person has |
| 342 | registered as a lobbyist with the commission. Such registration |
| 343 | shall be due upon initially being retained to lobby and is |
| 344 | renewable on a calendar year basis thereafter. Upon registration |
| 345 | the person shall provide a statement signed by the principal or |
| 346 | principal's representative that the registrant is authorized to |
| 347 | represent the principal. The registration shall require each the |
| 348 | lobbyist to disclose, under oath, the following information: |
| 349 | (a) Name and business address; |
| 350 | (b) The name and business address of each principal |
| 351 | represented; |
| 352 | (c) His or her area of interest; |
| 353 | (d) The agencies before which he or she will appear; and |
| 354 | (e) The existence of any direct or indirect business |
| 355 | association, partnership, or financial relationship with any |
| 356 | employee of an agency with which he or she lobbies, or intends |
| 357 | to lobby, as disclosed in the registration. |
| 358 | (4) The annual lobbyist registration fee shall be set by |
| 359 | the commission by rule, not to exceed $40 for each principal |
| 360 | represented. |
| 361 | (5)(a) A registered lobbyist must also submit to the |
| 362 | commission, biannually, a signed expenditure report summarizing |
| 363 | all lobbying expenditures by the lobbyist and the principal for |
| 364 | each 6-month period during any portion of which the lobbyist is |
| 365 | registered. All expenditures made by the lobbyist and the |
| 366 | principal for the purpose of lobbying must be reported. |
| 367 | Reporting of expenditures shall be on an accrual basis. The |
| 368 | report of such expenditures must identify whether the |
| 369 | expenditure was made directly by the lobbyist, directly by the |
| 370 | principal, initiated or expended by the lobbyist and paid for by |
| 371 | the principal, or initiated or expended by the principal and |
| 372 | paid for by the lobbyist. The principal is responsible for the |
| 373 | accuracy of the expenditures reported as lobbying expenditures |
| 374 | made by the principal. The lobbyist is responsible for the |
| 375 | accuracy of the expenditures reported as lobbying expenditures |
| 376 | made by the lobbyist. Expenditures made must be reported in the |
| 377 | aggregate in either the category "food and beverages" or |
| 378 | "novelty items." by the category of the expenditure, including, |
| 379 | but not limited to, the categories of food and beverages, |
| 380 | entertainment, research, communication, media advertising, |
| 381 | publications, travel, and lodging. Lobby expenditures do not |
| 382 | include a lobbyist's or principal's salary, office expenses, and |
| 383 | personal expenses for lodging, meals, and travel. |
| 384 | (b) A principal who is represented by two or more |
| 385 | lobbyists shall designate one lobbyist whose expenditure report |
| 386 | shall include all lobbying expenditures made directly by the |
| 387 | principal and those expenditures of the designated lobbyist on |
| 388 | behalf of that principal as required by paragraph (a). All other |
| 389 | lobbyists registered to represent that principal shall file a |
| 390 | report pursuant to paragraph (a). The report of lobbying |
| 391 | expenditures by the principal shall be made pursuant to the |
| 392 | requirements of paragraph (a). The principal is responsible for |
| 393 | the accuracy of figures reported by the designated lobbyist as |
| 394 | lobbying expenditures made directly by the principal. The |
| 395 | designated lobbyist is responsible for the accuracy of the |
| 396 | figures reported as lobbying expenditures made by that lobbyist. |
| 397 | (c)1. Each lobbyist, including a designated lobbyist, |
| 398 | shall identify on the expenditure report all general areas of |
| 399 | the principal's lobbying interest that were lobbied during the |
| 400 | reporting period. |
| 401 | 2. For each general area of lobbying interest designated, |
| 402 | the lobbyist shall provide a detailed written description of all |
| 403 | specific issues lobbied within the general area. |
| 404 | (d)1. Each lobbying firm shall file a compensation |
| 405 | statement with the commission for each reporting period during |
| 406 | any portion of which one or more of the firm's lobbyists were |
| 407 | registered to represent a principal. The report shall include |
| 408 | the: |
| 409 | a. Full name, business address, and telephone number of |
| 410 | the lobbying firm; and |
| 411 | b. Name and photograph of each of the firm's lobbyists. |