Amendment
Bill No. 2646

Amendment No. 521969

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

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