Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2646
Barcode 683060
CHAMBER ACTION
Senate House
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11 The Committee on Ethics and Elections (Sebesta) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsections (1), (2), (3), and (6) of
19 section 11.045, Florida Statutes, are amended to read:
20 11.045 Lobbyists; registration and reporting;
21 exemptions; penalties.--
22 (1) As used in this section, unless the context
23 otherwise requires:
24 (a) "Committee" means the committee of each house
25 charged by the presiding officer with responsibility for
26 ethical conduct of lobbyists.
27 (b) "Compensation" means a payment, distribution,
28 loan, advance, reimbursement, deposit, salary, fee, retainer,
29 or anything of value provided or owed to a lobbyist for the
30 purpose of lobbying.
31 (c)(b) "Division" means the Division of Legislative
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1 Information Services within the Office of Legislative
2 Services.
3 (d)(c) "Expenditure" means a payment, distribution,
4 loan, advance, reimbursement, deposit, or anything of value
5 made by a lobbyist or principal for the purpose of lobbying.
6 (e)(d) "Legislative action" means introduction,
7 sponsorship, testimony, debate, voting, or any other official
8 action on any measure, resolution, amendment, nomination,
9 appointment, or report of, or any matter which may be the
10 subject of action by, either house of the Legislature or any
11 committee thereof.
12 (f)(e) "Lobbying" means influencing or attempting to
13 influence legislative action or nonaction through oral or
14 written communication or an attempt to obtain the goodwill of
15 a member or employee of the Legislature.
16 (g)(f) "Lobbyist" means a person who is employed and
17 receives payment, or who contracts for economic consideration,
18 for the purpose of lobbying, or a person who is principally
19 employed for governmental affairs by another person or
20 governmental entity to lobby on behalf of that other person or
21 governmental entity.
22 (h)(g) "Principal" means the person, firm,
23 corporation, or other entity which has employed or retained a
24 lobbyist.
25 (2) Each house of the Legislature shall provide by
26 rule, or may provide by a joint rule adopted by both houses,
27 for the registration of lobbyists who lobby the Legislature.
28 The rule may provide for the payment of a registration fee.
29 The rule may provide for exemptions from registration or
30 registration fees. The rule shall provide that:
31 (a) Registration is required for each principal
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1 represented.
2 (b) Registration shall include a statement signed by
3 the principal or principal's representative that the
4 registrant is authorized to represent the principal.
5 (c) A registrant shall promptly send a written
6 statement to the division canceling the registration for a
7 principal upon termination of the lobbyist's representation of
8 that principal. Notwithstanding this requirement, the division
9 may remove the name of a registrant from the list of
10 registered lobbyists if the principal notifies the office that
11 a person is no longer authorized to represent that principal.
12 (d) Every registrant shall be required to state the
13 extent of any direct business association or partnership with
14 any current member of the Legislature.
15 (e) Each registrant who is a designated lobbyist
16 pursuant to this section shall identify the industry group
17 classification that most accurately describes the principal.
18 The industry group classification shall be selected from the
19 categories of agriculture; banking and finance;
20 communications; education; entertainment and recreation;
21 environment and natural resources; health and health care;
22 insurance; labor; law; lodging and restaurants; manufacturing
23 and industrial (specify:___________); marketing and sales;
24 merchandise and retail; political organizations; professional
25 or trade (specify:____________); public employees; public and
26 community interest; racing and wagering; real estate and
27 construction; security; services (specify:___________); state
28 and local government; technology; transportation; travel and
29 tourism; utilities; or other (specify:____________). Industry,
30 trade, or professional associations shall be indicated by the
31 industry group that most accurately describes their members.
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1 (f)1. Each registrant shall designate all general
2 areas of the principal's legislative interest. The general
3 areas of legislative interest shall be selected from the
4 categories of abortion; aeronautics; aging; agriculture;
5 alcoholic beverage regulation; alcoholism and drug abuse;
6 aliens; amusements, games, and sports; animals; arts and
7 humanities; business and commerce; cemeteries; charitable and
8 nonprofit organizations; city government; civil remedies and
9 liabilities; coastal affairs and beaches; common carriers;
10 communications and press; consumer protection; corporations
11 and associations; corrections; county government; courts;
12 crime; criminal procedures; day care; disaster preparedness
13 and relief; economic and industrial development; education;
14 elections; energy; environment; ethics; family issues; fees
15 and other nontax revenue; financial institutions; fire
16 fighters and police; gambling; handicapped persons; health and
17 health care; highways and roads; historic preservation and
18 museums; hospitals; housing; human services; insurance; labor;
19 law enforcement; lawyers; libraries; malpractice and health
20 care providers; mental health and mental retardation; military
21 and veterans; mines and mineral resources; minors; nursing
22 homes; occupational regulation; oil and gas; open records and
23 open meetings; parks and wildlife; political subdivisions;
24 probate; product liability; property interests; public lands;
25 purchasing; redistricting; religion; retirement systems;
26 safety; special districts and authorities; state agencies,
27 state boards, and commissions; state employees, state
28 officers, and symbols; state finances; taxation; tort reform;
29 tourism; transportation; utilities; vehicles and traffic;
30 water; weapons; women's issues; or other
31 (specify:_______________).
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1 2. For each general category of legislative interest
2 designated, the registrant shall provide a detailed written
3 description of all specific issues to be lobbied within the
4 general category, if known.
5 (e) Each lobbyist and each principal shall preserve
6 for a period of 4 years all accounts, bills, receipts,
7 computer records, books, papers, and other documents and
8 records necessary to substantiate lobbying expenditures. Any
9 documents and records retained pursuant to this section may be
10 inspected under reasonable circumstances by any authorized
11 representative of the Legislature. The right of inspection may
12 be enforced by appropriate writ issued by any court of
13 competent jurisdiction.
14 (g)(f) All registrations shall be open to the public.
15 (h)(g) Any person who is exempt from registration
16 under the rule shall not be considered a lobbyist for any
17 purpose.
18 (3) Each house of the Legislature shall provide by
19 rule the following reporting requirements:
20 (a) Statements shall be filed by all registered
21 lobbyists four two times per year, which must disclose:
22 1. All lobbying compensation provided or owed to the
23 lobbyist.
24 2. All lobbying expenditures by the lobbyist and the
25 principal and the source of funds for such expenditures.
26
27 All compensation provided or owed to the lobbyist and all
28 expenditures made by the lobbyist and the principal for the
29 purpose of lobbying must be reported. Reporting of
30 expenditures shall be made on an accrual basis. The report of
31 such expenditures must identify whether the expenditure was
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1 made directly by the lobbyist, directly by the principal,
2 initiated or expended by the lobbyist and paid for by the
3 principal, or initiated or expended by the principal and paid
4 for by the lobbyist. The principal is responsible for the
5 accuracy of the expenditures reported as lobbying expenditures
6 made by the principal. The lobbyist is responsible for the
7 accuracy of the compensation reported and the expenditures
8 reported as lobbying expenditures made by the lobbyist.
9 Expenditures made must be reported by the category of the
10 expenditure, including, but not limited to, the categories of
11 food and beverages, entertainment, research, communication,
12 media advertising, publications, travel, and lodging. For each
13 expenditure that comprises part of the aggregate total
14 reported in each category, the report must also include the
15 full name and address of each person to whom the expenditure
16 was made; the amount, date, and purpose of the expenditure;
17 and the name and title of the legislator or other person for
18 whom the expenditure was made, or, if the expenditure was made
19 pursuant to an invitation to all Senators, all
20 Representatives, all legislators, or all legislative staff of
21 either or both houses, the designation "Open Invitation."
22 Lobbying expenditures do not include a lobbyist's or
23 principal's salary, office expenses, and personal expenses for
24 lodging, meals, and travel.
25 (b) If a principal is represented by two or more
26 lobbyists, the first lobbyist who registers to represent that
27 principal shall be the designated lobbyist. The designated
28 lobbyist's activity expenditure report shall include all
29 lobbying expenditures made directly by the principal and those
30 expenditures of the designated lobbyist on behalf of that
31 principal as required by paragraph (a). All other lobbyists
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1 registered to represent that principal shall file a report
2 pursuant to paragraph (a). The report of lobbying
3 expenditures by the principal shall be made pursuant to the
4 requirements of paragraph (a). The principal is responsible
5 for the accuracy of figures reported by the designated
6 lobbyist as lobbying expenditures made directly by the
7 principal. The designated lobbyist is responsible for the
8 accuracy of the figures reported as lobbying expenditures made
9 by that lobbyist and for compensation reported by that
10 lobbyist. Each lobbyist shall file an activity expenditure
11 report for each period during any portion of which he or she
12 was registered, and each principal shall ensure that an
13 activity expenditure report is filed for each period during
14 any portion of which the principal was represented by a
15 registered lobbyist.
16 (c)1. Each lobbyist, including a designated lobbyist,
17 shall identify on the activity report all general areas of the
18 principal's legislative interest which were lobbied during the
19 reporting period. The general areas of legislative interest
20 shall be selected from the categories of abortion;
21 aeronautics; aging; agriculture; alcoholic beverage
22 regulation; alcoholism and drug abuse; aliens; amusements,
23 games, and sports; animals; arts and humanities; business and
24 commerce; cemeteries; charitable and nonprofit organizations;
25 city government; civil remedies and liabilities; coastal
26 affairs and beaches; common carriers; communications and
27 press; consumer protection; corporations and associations;
28 corrections; county government; courts; crime; criminal
29 procedures; day care; disaster preparedness and relief;
30 economic and industrial development; education; elections;
31 energy; environment; ethics; family issues; fees and other
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1 nontax revenue; financial institutions; fire fighters and
2 police; gambling; handicapped persons; health and health care;
3 highways and roads; historic preservation and museums;
4 hospitals; housing; human services; insurance; labor; law
5 enforcement; lawyers; libraries; malpractice and health care
6 providers; mental health and mental retardation; military and
7 veterans; mines and mineral resources; minors; nursing homes;
8 occupational regulation; oil and gas; open records and open
9 meetings; parks and wildlife; political subdivisions; probate;
10 product liability; property interests; public lands;
11 purchasing; redistricting; religion; retirement systems;
12 safety; special districts and authorities; state agencies,
13 state boards, and commissions; state employees, state
14 officers, and symbols; state finances; taxation; tort reform;
15 tourism; transportation; utilities; vehicles and traffic;
16 water; weapons; women's issues; or other
17 (specify:_______________).
18 2. For each general category of legislative interest
19 designated, the lobbyist shall make a good-faith effort to
20 estimate the percentage of lobbying time spent on the
21 category. The sum of time spent lobbying all designated
22 categories must equal 100 percent.
23 3. For each general category of legislative interest
24 designated, the lobbyist shall provide a detailed written
25 description of all specific issues lobbied within the general
26 category.
27 (d)(c) For each reporting period the division shall
28 aggregate the compensation and expenditures reported by all of
29 the lobbyists for a principal represented by more than one
30 lobbyist. Further, the division shall aggregate figures that
31 provide a cumulative total of compensation reported and
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1 expenditures reported as spent by and on behalf of each
2 principal for the calendar year.
3 (e)(d) The reporting statements shall be filed no
4 later than 45 days after the end of each the reporting period
5 and. The first report shall include the legislative interests
6 information, compensation, and expenditures for the period
7 from January 1 through March 31, April 1 through June 30, July
8 1 through September 30, and October 1 through December 31,
9 respectively June 30. The second report shall disclose
10 expenditures for the period from July 1 through December 31.
11 The statements shall be rendered in the identical form
12 provided by the respective houses and shall be open to public
13 inspection. Reporting statements may be filed by electronic
14 means, when feasible.
15 (f)(e) Reports shall be filed not later than 5 p.m. of
16 the report due date. However, any report that is postmarked
17 by the United States Postal Service no later than midnight of
18 the due date shall be deemed to have been filed in a timely
19 manner, and a certificate of mailing obtained from and dated
20 by the United States Postal Service at the time of the
21 mailing, or a receipt from an established courier company
22 which bears a date on or before the due date, shall be proof
23 of mailing in a timely manner.
24 (g)(f) Each house of the Legislature shall provide by
25 rule, or both houses may provide by joint rule, a procedure by
26 which a lobbyist who fails to timely file a report shall be
27 notified and assessed fines. The rule shall provide for the
28 following:
29 1. Upon determining that the report is late, the
30 person designated to review the timeliness of reports shall
31 immediately notify the lobbyist as to the failure to timely
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1 file the report and that a fine is being assessed for each
2 late day. The fine shall be $50 per day per report for each
3 late day, not to exceed $5,000 per report.
4 2. Upon receipt of the report, the person designated
5 to review the timeliness of reports shall determine the amount
6 of the fine due based upon the earliest of the following:
7 a. When a report is actually received by the lobbyist
8 registration and reporting office.
9 b. When the report is postmarked.
10 c. When the certificate of mailing is dated.
11 d. When the receipt from an established courier
12 company is dated.
13 3. Such fine shall be paid within 30 days after the
14 notice of payment due is transmitted by the Lobbyist
15 Registration Office, unless appeal is made to the division.
16 The moneys shall be deposited into the Legislative Lobbyist
17 Registration Trust Fund.
18 4. A fine shall not be assessed against a lobbyist the
19 first time any reports for which the lobbyist is responsible
20 are not timely filed. However, to receive the one-time fine
21 waiver, all reports for which the lobbyist is responsible must
22 be filed within 30 days after notice that any reports have not
23 been timely filed is transmitted by the Lobbyist Registration
24 Office. A fine shall be assessed for any subsequent late-filed
25 reports.
26 5. Any lobbyist may appeal or dispute a fine, based
27 upon unusual circumstances surrounding the failure to file on
28 the designated due date, and may request and shall be entitled
29 to a hearing before the General Counsel of the Office of
30 Legislative Services, who shall recommend to the President of
31 the Senate and the Speaker of the House of Representatives, or
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1 their respective designees, that the fine be waived in whole
2 or in part for good cause shown. The President of the Senate
3 and the Speaker of the House of Representatives, or their
4 respective designees, may concur in the recommendation and
5 waive the fine in whole or in part. Any such request shall be
6 made within 30 days after the notice of payment due is
7 transmitted by the Lobbyist Registration Office. In such
8 case, the lobbyist shall, within the 30-day period, notify the
9 person designated to review the timeliness of reports in
10 writing of his or her intention to request a hearing.
11 6. A lobbyist, a lobbyist's legal representative, or
12 the principal of a lobbyist may request that the filing of an
13 activity expenditure report be waived upon good cause shown,
14 based on unusual circumstances. The request must be filed with
15 the General Counsel of the Office of Legislative Services, who
16 shall make a recommendation concerning the waiver request to
17 the President of the Senate and the Speaker of the House of
18 Representatives. The President of the Senate and the Speaker
19 of the House of Representatives may grant or deny the request.
20 The registration of a lobbyist who fails to timely pay a fine
21 is automatically suspended until the fine is paid or waived.
22 7. The person designated to review the timeliness of
23 reports shall notify the director of the division of the
24 failure of a lobbyist to file a report after notice or of the
25 failure of a lobbyist to pay the fine imposed.
26 (h) Each lobbyist and each principal shall preserve
27 for a period of 4 years all accounts, bills, receipts,
28 computer records, books, papers, e-mails, ledgers, federal tax
29 information, and other documents and records necessary to
30 substantiate lobbying compensation and expenditures.
31 1. Any expenditure-related documents and records
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1 retained pursuant to this subsection may be inspected under
2 reasonable circumstances by any authorized representative of
3 the Legislature. The right of inspection may be enforced by
4 appropriate writ issued by any court of competent
5 jurisdiction.
6 2. Any compensation-related documents and records
7 retained pursuant to this subsection may be audited by the
8 Auditor General pursuant to s. 11.45 and may be enforced by
9 appropriate writ issued by any court of competent
10 jurisdiction.
11 (6) The committee of either house shall investigate
12 any person engaged in legislative lobbying upon receipt of a
13 sworn complaint alleging a violation of this section, s.
14 112.3148, or s. 112.3149 by such person; also, the committee
15 of either house shall investigate any person engaged, or
16 formerly engaged, in lobbying pursuant to this section upon
17 receipt of compensation-reporting audit information indicating
18 a possible violation other than a late-filed report. Such
19 proceedings shall be conducted pursuant to the rules of the
20 respective houses. If the committee finds that there has been
21 a violation of this section, s. 112.3148, or s. 112.3149, it
22 shall report its findings to the President of the Senate or
23 the Speaker of the House of Representatives, as appropriate,
24 together with a recommended penalty, to include a fine of not
25 more than $5,000, reprimand, censure, probation, or
26 prohibition from lobbying for a period of time not to exceed
27 24 months. Upon the receipt of such report, the President of
28 the Senate or the Speaker of the House of Representatives
29 shall cause the committee report and recommendations to be
30 brought before the respective house and a final determination
31 shall be made by a majority of said house.
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1 Section 2. Effective April 1, 2006, subsection (3) of
2 section 11.045, as amended by this act, is amended to read:
3 11.045 Lobbyists; registration and reporting;
4 exemptions; penalties.--
5 (3) Each house of the Legislature shall provide by
6 rule the following reporting requirements:
7 (a) Statements shall be filed by all registered
8 lobbyists four times per year, which must disclose:
9 1. All lobbying compensation provided or owed to the
10 lobbyist.
11 2. All lobbying expenditures by the lobbyist and the
12 principal and the source of funds for such expenditures.
13
14 All compensation provided or owed to the lobbyist and all
15 expenditures made by the lobbyist and the principal for the
16 purpose of lobbying must be reported. Reporting of
17 expenditures shall be made on an accrual basis. The report of
18 such expenditures must identify whether the expenditure was
19 made directly by the lobbyist, directly by the principal,
20 initiated or expended by the lobbyist and paid for by the
21 principal, or initiated or expended by the principal and paid
22 for by the lobbyist. The principal is responsible for the
23 accuracy of the expenditures reported as lobbying expenditures
24 made by the principal. The lobbyist is responsible for the
25 accuracy of the compensation reported and the expenditures
26 reported as lobbying expenditures made by the lobbyist.
27 Expenditures made must be reported by the category of the
28 expenditure, including, but not limited to, the categories of
29 food and beverages, entertainment, research, communication,
30 media advertising, publications, travel, and lodging. For each
31 expenditure that comprises part of the aggregate total
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1 reported in each category, the report must also include the
2 full name and address of each person to whom the expenditure
3 was made; the amount, date, and purpose of the expenditure;
4 and the name and title of the person for whom the expenditure
5 was made, or, if the expenditure was made pursuant to an
6 invitation to all Senators, all Representatives, all
7 legislators, or all legislative staff of either or both
8 houses, the designation "Open Invitation." Lobbying
9 expenditures do not include a lobbyist's or principal's
10 salary, office expenses, and personal expenses for lodging,
11 meals, and travel.
12 (b) If a principal is represented by two or more
13 lobbyists, the first lobbyist who registers to represent that
14 principal shall be the designated lobbyist. The designated
15 lobbyist's activity report shall include all lobbying
16 expenditures made directly by the principal and those
17 expenditures of the designated lobbyist on behalf of that
18 principal as required by paragraph (a). All other lobbyists
19 registered to represent that principal shall file a report
20 pursuant to paragraph (a). The report of lobbying
21 expenditures by the principal shall be made pursuant to the
22 requirements of paragraph (a). The principal is responsible
23 for the accuracy of figures reported by the designated
24 lobbyist as lobbying expenditures made directly by the
25 principal. The designated lobbyist is responsible for the
26 accuracy of the figures reported as lobbying expenditures made
27 by that lobbyist and for compensation reported by that
28 lobbyist. Each lobbyist shall file an activity report for each
29 period during any portion of which he or she was registered,
30 and each principal shall ensure that an activity report is
31 filed for each period during any portion of which the
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1 principal was represented by a registered lobbyist.
2 (c)1. Each lobbyist, including a designated lobbyist,
3 shall identify on the activity report all general areas of the
4 principal's legislative interest which were lobbied during the
5 reporting period. The general areas of legislative interest
6 shall be selected from the categories of abortion;
7 aeronautics; aging; agriculture; alcoholic beverage
8 regulation; alcoholism and drug abuse; aliens; amusements,
9 games, and sports; animals; arts and humanities; business and
10 commerce; cemeteries; charitable and nonprofit organizations;
11 city government; civil remedies and liabilities; coastal
12 affairs and beaches; common carriers; communications and
13 press; consumer protection; corporations and associations;
14 corrections; county government; courts; crime; criminal
15 procedures; day care; disaster preparedness and relief;
16 economic and industrial development; education; elections;
17 energy; environment; ethics; family issues; fees and other
18 nontax revenue; financial institutions; fire fighters and
19 police; gambling; handicapped persons; health and health care;
20 highways and roads; historic preservation and museums;
21 hospitals; housing; human services; insurance; labor; law
22 enforcement; lawyers; libraries; malpractice and health care
23 providers; mental health and mental retardation; military and
24 veterans; mines and mineral resources; minors; nursing homes;
25 occupational regulation; oil and gas; open records and open
26 meetings; parks and wildlife; political subdivisions; probate;
27 product liability; property interests; public lands;
28 purchasing; redistricting; religion; retirement systems;
29 safety; special districts and authorities; state agencies,
30 state boards, and commissions; state employees, state
31 officers, and symbols; state finances; taxation; tort reform;
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1 tourism; transportation; utilities; vehicles and traffic;
2 water; weapons; women's issues; or other
3 (specify:_______________).
4 2. For each general category of legislative interest
5 designated, the lobbyist shall make a good-faith effort to
6 estimate the percentage of lobbying time spent on the
7 category. The sum of time spent lobbying all designated
8 categories must equal 100 percent.
9 3. For each general category of legislative interest
10 designated, the lobbyist shall provide a detailed written
11 description of all specific issues lobbied within the general
12 category.
13 (d) For each reporting period the division shall
14 aggregate the compensation and expenditures reported by all of
15 the lobbyists for a principal represented by more than one
16 lobbyist. Further, the division shall aggregate figures that
17 provide a cumulative total of compensation reported and
18 expenditures reported as spent by and on behalf of each
19 principal for the calendar year.
20 (e) The reporting statements shall be filed no later
21 than 45 days after the end of each reporting period and shall
22 include the legislative interests information, compensation,
23 and expenditures for the period from January 1 through March
24 31, April 1 through June 30, July 1 through September 30, and
25 October 1 through December 31, respectively. The statements
26 shall be rendered in the identical form provided by the
27 respective houses and shall be open to public inspection.
28 Reporting statements must may be filed by electronic means as
29 provided in s. 11.0455, when feasible.
30 (f) Reports shall be filed not later than 5 p.m. of
31 the report due date. However, any report that is postmarked
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1 by the United States Postal Service no later than midnight of
2 the due date shall be deemed to have been filed in a timely
3 manner, and a certificate of mailing obtained from and dated
4 by the United States Postal Service at the time of the
5 mailing, or a receipt from an established courier company
6 which bears a date on or before the due date, shall be proof
7 of mailing in a timely manner.
8 (f)(g) Each house of the Legislature shall provide by
9 rule, or both houses may provide by joint rule, a procedure by
10 which a lobbyist who fails to timely file a report shall be
11 notified and assessed fines. The rule shall provide for the
12 following:
13 1. Upon determining that the report is late, the
14 person designated to review the timeliness of reports shall
15 immediately notify the lobbyist as to the failure to timely
16 file the report and that a fine is being assessed for each
17 late day. The fine shall be $50 per day per report for each
18 late day, not to exceed $5,000 per report.
19 2. Upon receipt of the report, the person designated
20 to review the timeliness of reports shall determine the amount
21 of the fine due based upon the earliest of the following:
22 a. When a report is actually received by the lobbyist
23 registration and reporting office.
24 b. When the electronic receipt issued pursuant to s.
25 11.0455 is dated. When the report is postmarked.
26 c. When the certificate of mailing is dated.
27 d. When the receipt from an established courier
28 company is dated.
29 3. Such fine shall be paid within 30 days after the
30 notice of payment due is transmitted by the Lobbyist
31 Registration Office, unless appeal is made to the division.
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1 The moneys shall be deposited into the Legislative Lobbyist
2 Registration Trust Fund.
3 4. A fine shall not be assessed against a lobbyist the
4 first time any reports for which the lobbyist is responsible
5 are not timely filed. However, to receive the one-time fine
6 waiver, all reports for which the lobbyist is responsible must
7 be filed within 30 days after notice that any reports have not
8 been timely filed is transmitted by the Lobbyist Registration
9 Office. A fine shall be assessed for any subsequent late-filed
10 reports.
11 5. Any lobbyist may appeal or dispute a fine, based
12 upon unusual circumstances surrounding the failure to file on
13 the designated due date, and may request and shall be entitled
14 to a hearing before the General Counsel of the Office of
15 Legislative Services, who shall recommend to the President of
16 the Senate and the Speaker of the House of Representatives, or
17 their respective designees, that the fine be waived in whole
18 or in part for good cause shown. The President of the Senate
19 and the Speaker of the House of Representatives, or their
20 respective designees, may concur in the recommendation and
21 waive the fine in whole or in part. Any such request shall be
22 made within 30 days after the notice of payment due is
23 transmitted by the Lobbyist Registration Office. In such
24 case, the lobbyist shall, within the 30-day period, notify the
25 person designated to review the timeliness of reports in
26 writing of his or her intention to request a hearing.
27 6. A lobbyist, a lobbyist's legal representative, or
28 the principal of a lobbyist may request that the filing of an
29 activity report be waived upon good cause shown, based on
30 unusual circumstances. The request must be filed with the
31 General Counsel of the Office of Legislative Services, who
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1 shall make a recommendation concerning the waiver request to
2 the President of the Senate and the Speaker of the House of
3 Representatives. The President of the Senate and the Speaker
4 of the House of Representatives may grant or deny the request.
5 The registration of a lobbyist who fails to timely pay a fine
6 is automatically suspended until the fine is paid or waived.
7 7. The person designated to review the timeliness of
8 reports shall notify the director of the division of the
9 failure of a lobbyist to file a report after notice or of the
10 failure of a lobbyist to pay the fine imposed.
11 (g)(h) Each lobbyist and each principal shall preserve
12 for a period of 4 years all accounts, bills, receipts,
13 computer records, books, papers, and other documents and
14 records necessary to substantiate lobbying compensation and
15 expenditures.
16 1. Any expenditure-related documents and records
17 retained pursuant to this subsection may be inspected under
18 reasonable circumstances by any authorized representative of
19 the Legislature. The right of inspection may be enforced by
20 appropriate writ issued by any court of competent
21 jurisdiction.
22 2. Any compensation-related documents and records
23 retained pursuant to this subsection may be inspected under
24 reasonable circumstances by the Auditor General pursuant to s.
25 11.45. The right of inspection may be enforced by appropriate
26 writ issued by any court of competent jurisdiction.
27 Section 3. Effective April 1, 2006, section 11.0455,
28 Florida Statutes, is created to read:
29 11.0455 Electronic filing of lobbying-activity
30 reports.--
31 (1) As used in this section, the term "electronic
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1 filing system" means an Internet system for recording and
2 reporting lobbying compensation, expenditures, and other
3 activity-report information by reporting period.
4 (2) Each lobbyist who is required to file reports with
5 the Division of Legislative Information Services pursuant to
6 s. 11.045 must file such reports with the division by means of
7 the division's electronic filing system.
8 (3) A report filed pursuant to this section must be
9 completed and filed through the electronic filing system not
10 later than 11:59 p.m. of the day designated in s. 11.045. A
11 report not filed by 11:59 p.m. of the day designated is a
12 late-filed report and is subject to the penalties under s.
13 11.045(3).
14 (4) Each report filed pursuant to this section is
15 considered to be under oath by the lobbyist, or the designated
16 lobbyist and principal, whichever is applicable, and such
17 persons are subject to the provisions of s. 11.045(6) and (7).
18 Persons given a secure sign-on to the electronic filing system
19 are responsible for protecting it from disclosure and are
20 responsible for all filings using such credentials, unless
21 they have notified the division that their credentials have
22 been compromised.
23 (5) The electronic filing system developed by the
24 division must:
25 (a) Be based on access by means of the Internet.
26 (b) Be accessible by anyone with Internet access using
27 standard web-browsing software.
28 (c) Provide for direct entry of activity-report
29 information as well as upload of such information from
30 software authorized by the division.
31 (d) Provide a method that prevents unauthorized access
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1 to electronic filing system functions.
2 (6) Each house of the Legislature shall provide by
3 rule, or may provide by a joint rule adopted by both houses,
4 procedures to administer this section, including, but not
5 limited to:
6 (a) Alternate filing procedures in case the division's
7 electronic filing system is not operable.
8 (b) The issuance of an electronic receipt to the
9 person submitting the report indicating and verifying the date
10 and time that the report was filed.
11 (7) The division shall make all the data filed
12 available on the Internet in an easily understood and
13 accessible format. In addition, the division shall include
14 each principal's current industry group classification
15 pursuant to s. 11.045(2).
16 Section 4. Effective April 1, 2007, subsection (2) of
17 section 11.45, Florida Statutes, is amended to read:
18 11.45 Definitions; duties; authorities; reports;
19 rules.--
20 (2) DUTIES.--The Auditor General shall:
21 (a) Conduct audits of records and perform related
22 duties as prescribed by law, concurrent resolution of the
23 Legislature, or as directed by the Legislative Auditing
24 Committee.
25 (b) Annually conduct a financial audit of state
26 government.
27 (c) Annually conduct financial audits of all
28 universities and district boards of trustees of community
29 colleges.
30 (d) Annually conduct financial audits of the accounts
31 and records of all district school boards in counties with
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1 populations of fewer than 150,000, according to the most
2 recent federal decennial statewide census.
3 (e) Annually conduct an audit of the Wireless
4 Emergency Telephone System Fund as described in s. 365.173.
5 (f) Annually conduct audits of the accounts and
6 records of the Florida School for the Deaf and the Blind.
7 (g) At least every 2 years, conduct operational audits
8 of the accounts and records of state agencies and
9 universities. In connection with these audits, the Auditor
10 General shall give appropriate consideration to reports issued
11 by state agencies' inspectors general or universities'
12 inspectors general and the resolution of findings therein.
13 (h) At least every 2 years, conduct a performance
14 audit of the local government financial reporting system,
15 which, for the purpose of this chapter, means any statutory
16 provisions related to local government financial reporting.
17 The purpose of such an audit is to determine the accuracy,
18 efficiency, and effectiveness of the reporting system in
19 achieving its goals and to make recommendations to the local
20 governments, the Governor, and the Legislature as to how the
21 reporting system can be improved and how program costs can be
22 reduced. The Auditor General shall determine the scope of such
23 audits. The local government financial reporting system should
24 provide for the timely, accurate, uniform, and cost-effective
25 accumulation of financial and other information that can be
26 used by the members of the Legislature and other appropriate
27 officials to accomplish the following goals:
28 1. Enhance citizen participation in local government;
29 2. Improve the financial condition of local
30 governments;
31 3. Provide essential government services in an
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1 efficient and effective manner; and
2 4. Improve decisionmaking on the part of the
3 Legislature, state agencies, and local government officials on
4 matters relating to local government.
5 (i) Once every 3 years, conduct performance audits of
6 the Department of Revenue's administration of the ad valorem
7 tax laws as described in s. 195.096.
8 (j) Once every 3 years, conduct financial audits of
9 the accounts and records of all district school boards in
10 counties with populations of 125,000 or more, according to the
11 most recent federal decennial statewide census.
12 (k) Once every 3 years, review a sample of each state
13 agency's internal audit reports to determine compliance with
14 current Standards for the Professional Practice of Internal
15 Auditing or, if appropriate, government auditing standards.
16 (l) Conduct audits of local governmental entities when
17 determined to be necessary by the Auditor General, when
18 directed by the Legislative Auditing Committee, or when
19 otherwise required by law. No later than 18 months after the
20 release of the audit report, the Auditor General shall perform
21 such appropriate followup procedures as he or she deems
22 necessary to determine the audited entity's progress in
23 addressing the findings and recommendations contained within
24 the Auditor General's previous report. The Auditor General
25 shall provide a copy of his or her determination to each
26 member of the audited entity's governing body and to the
27 Legislative Auditing Committee.
28 (m) For a random sample of 1 percent of all
29 legislative lobbying registrations and 1 percent of all
30 executive lobbying registrations for the previous calendar
31 year, annually conduct audits of all registration-related
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1 quarterly activity reports filed pursuant to s. 11.045 and s.
2 11.0455, or s. 112.3215 and s. 112.32155, respectively. The
3 audit shall be limited to determining compliance with the
4 lobbying compensation reporting requirements of s. 11.045 or
5 s. 112.3215, whichever is applicable, except that the audit
6 scope may not include the timeliness of the filing. The
7 Auditor General shall forward all legislative lobbying final
8 audit reports to the legislative committees designated in s.
9 11.045, and shall forward all executive lobbying final audit
10 reports to the Florida Commission on Ethics.
11
12 The Auditor General shall perform his or her duties
13 independently but under the general policies established by
14 the Legislative Auditing Committee. This subsection does not
15 limit the Auditor General's discretionary authority to conduct
16 other audits or engagements of governmental entities as
17 authorized in subsection (3).
18 Section 5. Effective April 1, 2006, subsection (3) of
19 section 11.45, Florida Statutes, is amended to read:
20 11.45 Definitions; duties; authorities; reports;
21 rules.--
22 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The
23 Auditor General may, pursuant to his or her own authority, or
24 at the direction of the Legislative Auditing Committee,
25 conduct audits or other engagements as determined appropriate
26 by the Auditor General of:
27 (a) The accounts and records of any governmental
28 entity created or established by law.
29 (b) The information technology programs, activities,
30 functions, or systems of any governmental entity created or
31 established by law.
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1 (c) The accounts and records of any charter school
2 created or established by law.
3 (d) The accounts and records of any direct-support
4 organization or citizen support organization created or
5 established by law. The Auditor General is authorized to
6 require and receive any records from the direct-support
7 organization or citizen support organization, or from its
8 independent auditor.
9 (e) The public records associated with any
10 appropriation made by the Legislature to a nongovernmental
11 agency, corporation, or person. All records of a
12 nongovernmental agency, corporation, or person with respect to
13 the receipt and expenditure of such an appropriation shall be
14 public records and shall be treated in the same manner as
15 other public records are under general law.
16 (f) State financial assistance provided to any
17 nonstate entity as defined by s. 215.97.
18 (g) The Tobacco Settlement Financing Corporation
19 created pursuant to s. 215.56005.
20 (h) Any purchases of federal surplus lands for use as
21 sites for correctional facilities as described in s. 253.037.
22 (i) Enterprise Florida, Inc., including any of its
23 boards, advisory committees, or similar groups created by
24 Enterprise Florida, Inc., and programs. The audit report may
25 not reveal the identity of any person who has anonymously made
26 a donation to Enterprise Florida, Inc., pursuant to this
27 paragraph. The identity of a donor or prospective donor to
28 Enterprise Florida, Inc., who desires to remain anonymous and
29 all information identifying such donor or prospective donor
30 are confidential and exempt from the provisions of s.
31 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
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1 anonymity shall be maintained in the auditor's report.
2 (j) The Florida Development Finance Corporation or the
3 capital development board or the programs or entities created
4 by the board. The audit or report may not reveal the identity
5 of any person who has anonymously made a donation to the board
6 pursuant to this paragraph. The identity of a donor or
7 prospective donor to the board who desires to remain anonymous
8 and all information identifying such donor or prospective
9 donor are confidential and exempt from the provisions of s.
10 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
11 anonymity shall be maintained in the auditor's report.
12 (k) The records pertaining to the use of funds from
13 voluntary contributions on a motor vehicle registration
14 application or on a driver's license application authorized
15 pursuant to ss. 320.023 and 322.081.
16 (l) The records pertaining to the use of funds from
17 the sale of specialty license plates described in chapter 320.
18 (m) The transportation corporations under contract
19 with the Department of Transportation that are acting on
20 behalf of the state to secure and obtain rights-of-way for
21 urgently needed transportation systems and to assist in the
22 planning and design of such systems pursuant to ss.
23 339.401-339.421.
24 (n) The acquisitions and divestitures related to the
25 Florida Communities Trust Program created pursuant to chapter
26 380.
27 (o) The Florida Water Pollution Control Financing
28 Corporation created pursuant to s. 403.1837.
29 (p) The Florida Partnership for School Readiness
30 created pursuant to s. 411.01.
31 (q) The Florida Special Disability Trust Fund
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1 Financing Corporation created pursuant to s. 440.49.
2 (r) Workforce Florida, Inc., or the programs or
3 entities created by Workforce Florida, Inc., created pursuant
4 to s. 445.004.
5 (s) The corporation defined in s. 455.32 that is under
6 contract with the Department of Business and Professional
7 Regulation to provide administrative, investigative,
8 examination, licensing, and prosecutorial support services in
9 accordance with the provisions of s. 455.32 and the practice
10 act of the relevant profession.
11 (t) The Florida Engineers Management Corporation
12 created pursuant to chapter 471.
13 (u) The Investment Fraud Restoration Financing
14 Corporation created pursuant to chapter 517.
15 (v) The books and records of any permitholder that
16 conducts race meetings or jai alai exhibitions under chapter
17 550.
18 (w) The corporation defined in part II of chapter 946,
19 known as the Prison Rehabilitative Industries and Diversified
20 Enterprises, Inc., or PRIDE Enterprises.
21 (x) The Florida Virtual School pursuant to s. 1002.37.
22 (y) The accounts and records of any principal or
23 lobbyist relating to compliance with the
24 compensation-reporting provisions of s. 11.045 or s. 112.3215,
25 whichever is applicable, except that the audit scope may not
26 include the timeliness of the filing. The Auditor General
27 shall forward all legislative lobbying final audit reports to
28 the legislative committees designated in s. 11.045, and shall
29 forward all executive lobbying final audit reports to the
30 Florida Commission on Ethics.
31 Section 6. Section 112.3215, Florida Statutes, is
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1 amended to read:
2 112.3215 Lobbyists before the executive branch or the
3 Constitution Revision Commission; registration and reporting;
4 investigation by commission.--
5 (1) For the purposes of this section:
6 (a) "Agency" means the Governor, Governor and Cabinet,
7 or any department, division, bureau, board, commission, or
8 authority of the executive branch. In addition, "agency"
9 shall mean the Constitution Revision Commission as provided by
10 s. 2, Art. XI of the State Constitution.
11 (b) "Compensation" means a payment, distribution,
12 loan, advance, reimbursement, deposit, salary, fee, retainer,
13 or anything of value provided or owed to a lobbyist for the
14 purpose of lobbying.
15 (c)(b) "Expenditure" means a payment, distribution,
16 loan, advance, reimbursement, deposit, or anything of value
17 made by a lobbyist or principal for the purpose of lobbying.
18 (d)(c) "Fund" means the Executive Branch Lobby
19 Registration Trust Fund.
20 (e)(d) "Lobbies" means seeking, on behalf of another
21 person, to influence an agency with respect to a decision of
22 the agency in the area of policy or procurement or an attempt
23 to obtain the goodwill of an agency official or employee.
24 "Lobbies" also means influencing or attempting to influence,
25 on behalf of another, the Constitution Revision Commission's
26 action or nonaction through oral or written communication or
27 an attempt to obtain the goodwill of a member or employee of
28 the Constitution Revision Commission.
29 (f)(e) "Lobbyist" means a person who is employed and
30 receives payment, or who contracts for economic consideration,
31 for the purpose of lobbying, or a person who is principally
28
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1 employed for governmental affairs by another person or
2 governmental entity to lobby on behalf of that other person or
3 governmental entity. "Lobbyist" does not include a person who
4 is:
5 1. An attorney, or any person, who represents a client
6 in a judicial proceeding or in a formal administrative
7 proceeding conducted pursuant to chapter 120 or any other
8 formal hearing before an agency, board, commission, or
9 authority of this state.
10 2. An employee of an agency or of a legislative or
11 judicial branch entity acting in the normal course of his or
12 her duties.
13 3. A confidential informant who is providing, or
14 wishes to provide, confidential information to be used for law
15 enforcement purposes.
16 4. A person who lobbies to procure a contract pursuant
17 to chapter 287 which contract is less than the threshold for
18 CATEGORY ONE as provided in s. 287.017(1)(a).
19 (g)(f) "Principal" means the person, firm,
20 corporation, or other entity which has employed or retained a
21 lobbyist.
22 (2) The Executive Branch Lobby Registration Trust Fund
23 is hereby created within the commission to be used for the
24 purpose of funding any office established to administer the
25 registration of lobbyists lobbying an agency, including the
26 payment of salaries and other expenses. The trust fund is not
27 subject to the service charge to General Revenue provisions of
28 chapter 215. All annual registration fees collected pursuant
29 to this section shall be deposited into such fund.
30 (3) A person may not lobby an agency until such person
31 has registered as a lobbyist with the commission. Such
29
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1 registration shall be due upon initially being retained to
2 lobby and is renewable on a calendar year basis thereafter.
3 Upon registration the person shall provide a statement signed
4 by the principal or principal's representative that the
5 registrant is authorized to represent the principal. The
6 registration shall require the lobbyist to disclose, under
7 oath, the following information:
8 (a) Name and business address;
9 (b) The name and business address of each principal
10 represented;
11 (c) If the lobbyist is a designated lobbyist, the
12 industry group classification that most accurately describes
13 the principal. The industry group classification shall be
14 selected from the categories of agriculture; banking and
15 finance; communications; education; entertainment and
16 recreation; environment and natural resources; health and
17 health care; insurance; labor; law; lodging and restaurants;
18 manufacturing and industrial (specify:___________); marketing
19 and sales; merchandise and retail; political organizations;
20 professional or trade (specify:____________); public
21 employees; public and community interest; racing and wagering;
22 real estate and construction; security; services
23 (specify:___________); state and local government; technology;
24 transportation; travel and tourism; utilities; or other
25 (specify:____________). Industry, trade, or professional
26 associations shall be indicated by the industry group that
27 most accurately describes their members;
28 (d)1. All general areas of the principal's lobbying
29 interest. The general areas of interest shall be selected from
30 the categories of abortion; aeronautics; aging; agriculture;
31 alcoholic beverage regulation; alcoholism and drug abuse;
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1 aliens; amusements, games, and sports; animals; arts and
2 humanities; business and commerce; cemeteries; charitable and
3 nonprofit organizations; city government; civil remedies and
4 liabilities; coastal affairs and beaches; common carriers;
5 communications and press; consumer protection; corporations
6 and associations; corrections; county government; courts;
7 crime; criminal procedures; day care; disaster preparedness
8 and relief; economic and industrial development; education;
9 elections; energy; environment; ethics; family issues; fees
10 and other nontax revenue; financial institutions; fire
11 fighters and police; gambling; handicapped persons; health and
12 health care; highways and roads; historic preservation and
13 museums; hospitals; housing; human services; insurance; labor;
14 law enforcement; lawyers; libraries; malpractice and health
15 care providers; mental health and mental retardation; military
16 and veterans; mines and mineral resources; minors; nursing
17 homes; occupational regulation; oil and gas; open records and
18 open meetings; parks and wildlife; political subdivisions;
19 probate; product liability; property interests; public lands;
20 purchasing; redistricting; religion; retirement systems;
21 safety; special districts and authorities; state agencies,
22 state boards, and commissions; state employees, state
23 officers, and symbols; state finances; taxation; tort reform;
24 tourism; transportation; utilities; vehicles and traffic;
25 water; weapons; women's issues; or other
26 (specify:_______________).
27 2. For each general category of lobbying interest
28 designated, a detailed written description of all specific
29 issues to be lobbied within the general category, if known;
30 His or her area of interest;
31 (e)(d) The agencies before which he or she will
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1 appear; and
2 (f)(e) The existence of any direct or indirect
3 business association, partnership, or financial relationship
4 with any employee of an agency with which he or she lobbies,
5 or intends to lobby, as disclosed in the registration.
6 (4) The annual lobbyist registration fee shall be set
7 by the commission by rule, not to exceed $40 for each
8 principal represented.
9 (5)(a) A registered lobbyist must also submit to the
10 commission, quarterly biannually, a signed activity
11 expenditure report summarizing all compensation provided or
12 owed to the lobbyist and all lobbying expenditures by the
13 lobbyist and the principal for each 3-month 6-month period
14 during any portion of which the lobbyist is registered. All
15 compensation provided or owed to the lobbyist and all
16 expenditures made by the lobbyist and the principal for the
17 purpose of lobbying must be reported. Reporting of
18 expenditures shall be on an accrual basis. The report of such
19 expenditures must identify whether the expenditure was made
20 directly by the lobbyist, directly by the principal, initiated
21 or expended by the lobbyist and paid for by the principal, or
22 initiated or expended by the principal and paid for by the
23 lobbyist. The principal is responsible for the accuracy of the
24 expenditures reported as lobbying expenditures made by the
25 principal. The lobbyist is responsible for the accuracy of the
26 compensation reported and the expenditures reported as
27 lobbying expenditures made by the lobbyist. Expenditures made
28 must be reported by the category of the expenditure,
29 including, but not limited to, the categories of food and
30 beverages, entertainment, research, communication, media
31 advertising, publications, travel, and lodging. For each
32
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1 expenditure that comprises part of the aggregate total
2 reported in each category, the report must also include the
3 full name and address of each person to whom the expenditure
4 was made; the amount, date, and purpose of the expenditure;
5 and the name, title, and agency of the person for whom the
6 expenditure was made. Lobby expenditures do not include a
7 lobbyist's or principal's salary, office expenses, and
8 personal expenses for lodging, meals, and travel.
9 (b) A principal who is represented by two or more
10 lobbyists shall designate one lobbyist whose activity
11 expenditure report shall include all lobbying expenditures
12 made directly by the principal and those expenditures of the
13 designated lobbyist on behalf of that principal as required by
14 paragraph (a). All other lobbyists registered to represent
15 that principal shall file a report pursuant to paragraph (a).
16 The report of lobbying expenditures by the principal shall be
17 made pursuant to the requirements of paragraph (a). The
18 principal is responsible for the accuracy of figures reported
19 by the designated lobbyist as lobbying expenditures made
20 directly by the principal. The designated lobbyist is
21 responsible for the accuracy of the figures reported as
22 lobbying expenditures made by that lobbyist and for
23 compensation reported by that lobbyist.
24 (c)1. Each lobbyist, including a designated lobbyist,
25 shall identify on the activity report all general areas of the
26 principal's lobbying interest which were lobbied during the
27 reporting period. The general areas of lobbying interest shall
28 be selected from the categories of abortion; aeronautics;
29 aging; agriculture; alcoholic beverage regulation; alcoholism
30 and drug abuse; aliens; amusements, games, and sports;
31 animals; arts and humanities; business and commerce;
33
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1 cemeteries; charitable and nonprofit organizations; city
2 government; civil remedies and liabilities; coastal affairs
3 and beaches; common carriers; communications and press;
4 consumer protection; corporations and associations;
5 corrections; county government; courts; crime; criminal
6 procedures; day care; disaster preparedness and relief;
7 economic and industrial development; education; elections;
8 energy; environment; ethics; family issues; fees and other
9 nontax revenue; financial institutions; fire fighters and
10 police; gambling; handicapped persons; health and health care;
11 highways and roads; historic preservation and museums;
12 hospitals; housing; human services; insurance; labor; law
13 enforcement; lawyers; libraries; malpractice and health care
14 providers; mental health and mental retardation; military and
15 veterans; mines and mineral resources; minors; nursing homes;
16 occupational regulation; oil and gas; open records and open
17 meetings; parks and wildlife; political subdivisions; probate;
18 product liability; property interests; public lands;
19 purchasing; redistricting; religion; retirement systems;
20 safety; special districts and authorities; state agencies,
21 state boards, and commissions; state employees, state
22 officers, and symbols; state finances; taxation; tort reform;
23 tourism; transportation; utilities; vehicles and traffic;
24 water; weapons; women's issues; or other
25 (specify:_______________).
26 2. For each general category of lobbying interest
27 designated, the lobbyist shall make a good-faith effort to
28 estimate the percentage of lobbying time spent on the
29 category. The sum of time spent lobbying all designated
30 categories must equal 100 percent.
31 3. For each general category of lobbying interest
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1 designated, the lobbyist shall provide a detailed written
2 description of all specific issues lobbied within the general
3 category.
4 (d)(c) For each reporting period the commission shall
5 aggregate the expenditures of all lobbyists for a principal
6 represented by more than one lobbyist. Further, the commission
7 shall aggregate figures that provide a cumulative total of
8 compensation reported and expenditures reported as spent by
9 and on behalf of each principal for the calendar year.
10 (e)(d) The reporting statements shall be filed no
11 later than 45 days after the end of each reporting period and
12 shall include the lobbying interests information,
13 compensation, and expenditures for the period from January 1
14 through March 31 June 30, April 1 through June 30, and July 1
15 through September 30, and October 1 through December 31,
16 respectively.
17 (f)(e) Reports shall be filed not later than 5 p.m. of
18 the report due date. However, any report that is postmarked
19 by the United States Postal Service no later than midnight of
20 the due date shall be deemed to have been filed in a timely
21 manner, and a certificate of mailing obtained from and dated
22 by the United States Postal Service at the time of the
23 mailing, or a receipt from an established courier company
24 which bears a date on or before the due date, shall be proof
25 of mailing in a timely manner.
26 (g)(f) The commission shall provide by rule a
27 procedure by which a lobbyist who fails to timely file a
28 report shall be notified and assessed fines. The rule shall
29 provide for the following:
30 1. Upon determining that the report is late, the
31 person designated to review the timeliness of reports shall
35
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1 immediately notify the lobbyist as to the failure to timely
2 file the report and that a fine is being assessed for each
3 late day. The fine shall be $50 per day per report for each
4 late day up to a maximum of $5,000 per late report.
5 2. Upon receipt of the report, the person designated
6 to review the timeliness of reports shall determine the amount
7 of the fine due based upon the earliest of the following:
8 a. When a report is actually received by the lobbyist
9 registration and reporting office.
10 b. When the report is postmarked.
11 c. When the certificate of mailing is dated.
12 d. When the receipt from an established courier
13 company is dated.
14 3. Such fine shall be paid within 30 days after the
15 notice of payment due is transmitted by the Lobbyist
16 Registration Office, unless appeal is made to the commission.
17 The moneys shall be deposited into the Executive Branch Lobby
18 Registration Trust Fund.
19 4. A fine shall not be assessed against a lobbyist the
20 first time any reports for which the lobbyist is responsible
21 are not timely filed. However, to receive the one-time fine
22 waiver, all reports for which the lobbyist is responsible must
23 be filed within 30 days after the notice that any reports have
24 not been timely filed is transmitted by the Lobbyist
25 Registration Office. A fine shall be assessed for any
26 subsequent late-filed reports.
27 5. Any lobbyist may appeal or dispute a fine, based
28 upon unusual circumstances surrounding the failure to file on
29 the designated due date, and may request and shall be entitled
30 to a hearing before the commission, which shall have the
31 authority to waive the fine in whole or in part for good cause
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1 shown. Any such request shall be made within 30 days after
2 the notice of payment due is transmitted by the Lobbyist
3 Registration Office. In such case, the lobbyist shall, within
4 the 30-day period, notify the person designated to review the
5 timeliness of reports in writing of his or her intention to
6 bring the matter before the commission.
7 6. The person designated to review the timeliness of
8 reports shall notify the commission of the failure of a
9 lobbyist to file a report after notice or of the failure of a
10 lobbyist to pay the fine imposed.
11 7. Notwithstanding any provision of chapter 120, any
12 fine imposed under this subsection that is not waived by final
13 order of the commission and that remains unpaid more than 60
14 days after the notice of payment due or more than 60 days
15 after the commission renders a final order on the lobbyist's
16 appeal shall be collected by the Department of Financial
17 Services as a claim, debt, or other obligation owed to the
18 state, and the department may assign the collection of such
19 fine to a collection agent as provided in s. 17.20.
20 (h)(g) The commission shall adopt a rule which allows
21 reporting statements to be filed by electronic means, when
22 feasible.
23 (i)(h) Each lobbyist and each principal shall preserve
24 for a period of 4 years all accounts, bills, receipts,
25 computer records, books, papers, e-mails, ledgers, federal tax
26 information, and other documents and records necessary to
27 substantiate lobbying compensation and expenditures.
28 1. Any expenditure-related documents and records
29 retained pursuant to this subsection section may be inspected
30 under reasonable circumstances by any authorized
31 representative of the commission. The right of inspection may
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1 be enforced by appropriate writ issued by any court of
2 competent jurisdiction.
3 2. Any compensation-related documents and records
4 retained pursuant to this subsection may be audited by the
5 Auditor General pursuant to s. 11.45 and may be enforced by
6 appropriate writ issued by any court of competent
7 jurisdiction.
8 (6) A lobbyist shall promptly send a written statement
9 to the commission canceling the registration for a principal
10 upon termination of the lobbyist's representation of that
11 principal. Notwithstanding this requirement, the commission
12 may remove the name of a lobbyist from the list of registered
13 lobbyists if the principal notifies the office that a person
14 is no longer authorized to represent that principal. Each
15 lobbyist is responsible for filing an expenditure report for
16 each period during any portion of which he or she was
17 registered, and each principal is responsible for seeing that
18 an expenditure report is filed for each period during any
19 portion of which the principal was represented by a registered
20 lobbyist.
21 (7)(a) The commission shall investigate every sworn
22 complaint that is filed with it alleging that a person covered
23 by this section has failed to register, has failed to submit
24 an activity expenditure report, or has knowingly submitted
25 false information in any report or registration required in
26 this section.
27 (b) All proceedings, the complaint, and other records
28 relating to the investigation are confidential and exempt from
29 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
30 State Constitution, and any meetings held pursuant to an
31 investigation are exempt from the provisions of s. 286.011(1)
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1 and s. 24(b), Art. I of the State Constitution either until
2 the alleged violator requests in writing that such
3 investigation and associated records and meetings be made
4 public or until the commission determines, based on the
5 investigation, whether probable cause exists to believe that a
6 violation has occurred.
7 (c) The commission shall investigate any person
8 engaged, or formerly engaged, in lobbying pursuant to this
9 section upon receipt of compensation-reporting audit
10 information indicating a possible violation other than a
11 late-filed report.
12 (8) If the commission finds no probable cause to
13 believe that a violation of this section occurred, it shall
14 dismiss the complaint, whereupon the complaint, together with
15 a written statement of the findings of the investigation and a
16 summary of the facts, shall become a matter of public record,
17 and the commission shall send a copy of the complaint,
18 findings, and summary to the complainant and the alleged
19 violator. If, after investigating compensation-reporting
20 audit information, the commission finds no probable cause to
21 believe that a violation of this section occurred, a written
22 statement of the findings of the investigation and a summary
23 of the facts shall become a matter of public record, and the
24 commission shall send a copy of the findings and summary to
25 the alleged violator. If the commission finds probable cause
26 to believe that a violation occurred, it shall report the
27 results of its investigation to the Governor and Cabinet and
28 send a copy of the report to the alleged violator by certified
29 mail. Such notification and all documents made or received in
30 the disposition of the complaint or the compensation-reporting
31 audit information shall then become public records. Upon
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1 request submitted to the Governor and Cabinet in writing, any
2 person whom the commission finds probable cause to believe has
3 violated any provision of this section shall be entitled to a
4 public hearing. Such person shall be deemed to have waived the
5 right to a public hearing if the request is not received
6 within 14 days following the mailing of the probable cause
7 notification. However, the Governor and Cabinet may on its own
8 motion require a public hearing and may conduct such further
9 investigation as it deems necessary.
10 (9) If the Governor and Cabinet finds that a violation
11 occurred, it may reprimand the violator, censure the violator,
12 or prohibit the violator from lobbying all agencies for a
13 period not to exceed 2 years.
14 (10) Any person, when in doubt about the applicability
15 and interpretation of this section to himself or herself in a
16 particular context, may submit in writing the facts of the
17 situation to the commission with a request for an advisory
18 opinion to establish the standard of duty. An advisory
19 opinion shall be rendered by the commission and, until amended
20 or revoked, shall be binding on the conduct of the person who
21 sought the opinion, unless material facts were omitted or
22 misstated in the request.
23 (11) Agencies shall be diligent to ascertain whether
24 persons required to register pursuant to this section have
25 complied. An agency may not knowingly permit a person who is
26 not registered pursuant to this section to lobby the agency.
27 (12) Upon discovery of violations of this section an
28 agency or any person may file a sworn complaint with the
29 commission.
30 (13) The commission shall adopt rules to administer
31 this section, which shall prescribe forms for registration and
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1 expenditure reports, procedures for registration, and
2 procedures that will prevent disclosure of information that is
3 confidential as provided in this section.
4 Section 7. Effective April 1, 2006, subsection (5) of
5 section 112.3215, Florida Statutes, as amended by this act, is
6 amended to read:
7 112.3215 Lobbyists before the executive branch or the
8 Constitution Revision Commission; registration and reporting;
9 investigation by commission.--
10 (5)(a) A registered lobbyist must also submit to the
11 commission, quarterly, a signed activity report summarizing
12 all compensation provided or owed to the lobbyist and all
13 lobbying expenditures by the lobbyist and the principal for
14 each 3-month period during any portion of which the lobbyist
15 is registered. All compensation provided or owed to the
16 lobbyist and all expenditures made by the lobbyist and the
17 principal for the purpose of lobbying must be reported.
18 Reporting of expenditures shall be on an accrual basis. The
19 report of such expenditures must identify whether the
20 expenditure was made directly by the lobbyist, directly by the
21 principal, initiated or expended by the lobbyist and paid for
22 by the principal, or initiated or expended by the principal
23 and paid for by the lobbyist. The principal is responsible for
24 the accuracy of the expenditures reported as lobbying
25 expenditures made by the principal. The lobbyist is
26 responsible for the accuracy of the compensation reported and
27 the expenditures reported as lobbying expenditures made by the
28 lobbyist. Expenditures made must be reported by the category
29 of the expenditure, including, but not limited to, the
30 categories of food and beverages, entertainment, research,
31 communication, media advertising, publications, travel, and
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1 lodging. For each expenditure that comprises part of the
2 aggregate total reported in each category, the report must
3 also include the full name and address of each person to whom
4 the expenditure was made; the amount, date, and purpose of the
5 expenditure; and the name, title, and agency of the person for
6 whom the expenditure was made. Lobby expenditures do not
7 include a lobbyist's or principal's salary, office expenses,
8 and personal expenses for lodging, meals, and travel.
9 (b) A principal who is represented by two or more
10 lobbyists shall designate one lobbyist whose activity report
11 shall include all lobbying expenditures made directly by the
12 principal and those expenditures of the designated lobbyist on
13 behalf of that principal as required by paragraph (a). All
14 other lobbyists registered to represent that principal shall
15 file a report pursuant to paragraph (a). The report of
16 lobbying expenditures by the principal shall be made pursuant
17 to the requirements of paragraph (a). The principal is
18 responsible for the accuracy of figures reported by the
19 designated lobbyist as lobbying expenditures made directly by
20 the principal. The designated lobbyist is responsible for the
21 accuracy of the figures reported as lobbying expenditures made
22 by that lobbyist and for compensation reported by that
23 lobbyist.
24 (c)1. Each lobbyist, including a designated lobbyist,
25 shall identify on the activity report all general areas of the
26 principal's lobbying interest which were lobbied during the
27 reporting period. The general areas of lobbying interest shall
28 be selected from the categories of abortion; aeronautics;
29 aging; agriculture; alcoholic beverage regulation; alcoholism
30 and drug abuse; aliens; amusements, games, and sports;
31 animals; arts and humanities; business and commerce;
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1 cemeteries; charitable and nonprofit organizations; city
2 government; civil remedies and liabilities; coastal affairs
3 and beaches; common carriers; communications and press;
4 consumer protection; corporations and associations;
5 corrections; county government; courts; crime; criminal
6 procedures; day care; disaster preparedness and relief;
7 economic and industrial development; education; elections;
8 energy; environment; ethics; family issues; fees and other
9 nontax revenue; financial institutions; fire fighters and
10 police; gambling; handicapped persons; health and health care;
11 highways and roads; historic preservation and museums;
12 hospitals; housing; human services; insurance; labor; law
13 enforcement; lawyers; libraries; malpractice and health care
14 providers; mental health and mental retardation; military and
15 veterans; mines and mineral resources; minors; nursing homes;
16 occupational regulation; oil and gas; open records and open
17 meetings; parks and wildlife; political subdivisions; probate;
18 product liability; property interests; public lands;
19 purchasing; redistricting; religion; retirement systems;
20 safety; special districts and authorities; state agencies,
21 state boards, and commissions; state employees, state
22 officers, and symbols; state finances; taxation; tort reform;
23 tourism; transportation; utilities; vehicles and traffic;
24 water; weapons; women's issues; or other
25 (specify:_______________).
26 2. For each general category of lobbying interest
27 designated, the lobbyist shall make a good-faith effort to
28 estimate the percentage of lobbying time spent on the
29 category. The sum of time spent lobbying all designated
30 categories must equal 100 percent.
31 3. For each general category of lobbying interest
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1 designated, the lobbyist shall provide a detailed written
2 description of all specific issues lobbied within the general
3 category.
4 (d) For each reporting period the commission shall
5 aggregate the expenditures of all lobbyists for a principal
6 represented by more than one lobbyist. Further, the commission
7 shall aggregate figures that provide a cumulative total of
8 compensation reported and expenditures reported as spent by
9 and on behalf of each principal for the calendar year.
10 (e) The reporting statements shall be filed no later
11 than 45 days after the end of each reporting period and shall
12 include the lobbying interests information, compensation, and
13 expenditures for the period from January 1 through March 31,
14 April 1 through June 30, July 1 through September 30, and
15 October 1 through December 31, respectively. Reporting
16 statements must be filed by electronic means as provided in s.
17 112.31255.
18 (f) Reports shall be filed not later than 5 p.m. of
19 the report due date. However, any report that is postmarked
20 by the United States Postal Service no later than midnight of
21 the due date shall be deemed to have been filed in a timely
22 manner, and a certificate of mailing obtained from and dated
23 by the United States Postal Service at the time of the
24 mailing, or a receipt from an established courier company
25 which bears a date on or before the due date, shall be proof
26 of mailing in a timely manner.
27 (f)(g) The commission shall provide by rule a
28 procedure by which a lobbyist who fails to timely file a
29 report shall be notified and assessed fines. The rule shall
30 provide for the following:
31 1. Upon determining that the report is late, the
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1 person designated to review the timeliness of reports shall
2 immediately notify the lobbyist as to the failure to timely
3 file the report and that a fine is being assessed for each
4 late day. The fine shall be $50 per day per report for each
5 late day up to a maximum of $5,000 per late report.
6 2. Upon receipt of the report, the person designated
7 to review the timeliness of reports shall determine the amount
8 of the fine due based upon the earliest of the following:
9 a. When a report is actually received by the lobbyist
10 registration and reporting office.
11 b. When the electronic receipt issued pursuant to s.
12 112.32155 is dated. When the report is postmarked.
13 c. When the certificate of mailing is dated.
14 d. When the receipt from an established courier
15 company is dated.
16 3. Such fine shall be paid within 30 days after the
17 notice of payment due is transmitted by the Lobbyist
18 Registration Office, unless appeal is made to the commission.
19 The moneys shall be deposited into the Executive Branch Lobby
20 Registration Trust Fund.
21 4. A fine shall not be assessed against a lobbyist the
22 first time any reports for which the lobbyist is responsible
23 are not timely filed. However, to receive the one-time fine
24 waiver, all reports for which the lobbyist is responsible must
25 be filed within 30 days after the notice that any reports have
26 not been timely filed is transmitted by the Lobbyist
27 Registration Office. A fine shall be assessed for any
28 subsequent late-filed reports.
29 5. Any lobbyist may appeal or dispute a fine, based
30 upon unusual circumstances surrounding the failure to file on
31 the designated due date, and may request and shall be entitled
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1 to a hearing before the commission, which shall have the
2 authority to waive the fine in whole or in part for good cause
3 shown. Any such request shall be made within 30 days after
4 the notice of payment due is transmitted by the Lobbyist
5 Registration Office. In such case, the lobbyist shall, within
6 the 30-day period, notify the person designated to review the
7 timeliness of reports in writing of his or her intention to
8 bring the matter before the commission.
9 6. The person designated to review the timeliness of
10 reports shall notify the commission of the failure of a
11 lobbyist to file a report after notice or of the failure of a
12 lobbyist to pay the fine imposed.
13 7. Notwithstanding any provision of chapter 120, any
14 fine imposed under this subsection that is not waived by final
15 order of the commission and that remains unpaid more than 60
16 days after the notice of payment due or more than 60 days
17 after the commission renders a final order on the lobbyist's
18 appeal shall be collected by the Department of Financial
19 Services as a claim, debt, or other obligation owed to the
20 state, and the department may assign the collection of such
21 fine to a collection agent as provided in s. 17.20.
22 (h) The commission shall adopt a rule which allows
23 reporting statements to be filed by electronic means, when
24 feasible.
25 (g)(i) Each lobbyist and each principal shall preserve
26 for a period of 4 years all accounts, bills, receipts,
27 computer records, books, papers, e-mails, ledgers, federal tax
28 information, and other documents and records necessary to
29 substantiate lobbying compensation and expenditures.
30 1. Any expenditure-related documents and records
31 retained pursuant to this subsection may be inspected under
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1 reasonable circumstances by any authorized representative of
2 the commission. The right of inspection may be enforced by
3 appropriate writ issued by any court of competent
4 jurisdiction.
5 2. Any compensation-related documents and records
6 retained pursuant to this subsection may be audited by the
7 Auditor General pursuant to s. 11.45 and may be enforced by
8 appropriate writ issued by any court of competent
9 jurisdiction.
10 Section 8. Effective April 1, 2006, section 112.32155,
11 Florida Statutes, is created to read:
12 112.32155 Electronic filing of lobbying-activity
13 reports.--
14 (1) As used in this section, the term "electronic
15 filing system" means an Internet system for recording and
16 reporting lobbying compensation, expenditures, and other
17 activity-report information by reporting period.
18 (2) Each lobbyist who is required to file reports with
19 the Commission on Ethics pursuant to s. 112.3215 must file
20 such reports with the commission by means of the electronic
21 filing system.
22 (3) A report filed pursuant to this section must be
23 completed and filed through the electronic filing system not
24 later than 11:59 p.m. of the day designated in s. 112.3215. A
25 report not filed by 11:59 p.m. of the day designated is a
26 late-filed report and is subject to the penalties under s.
27 112.3215(5).
28 (4) Each report filed pursuant to this section is
29 considered to be under oath by the lobbyist, or the designated
30 lobbyist and principal, whichever is applicable. Persons
31 given a secure sign-on to the electronic filing system are
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1 responsible for protecting it from disclosure and are
2 responsible for all filings using such credentials, unless
3 they have notified the division that their credentials have
4 been compromised.
5 (5) The electronic filing system must:
6 (a) Be based on access by means of the Internet.
7 (b) Be accessible by anyone with Internet access using
8 standard web-browsing software.
9 (c) Provide for direct entry of activity-report
10 information as well as upload of such information from
11 software authorized by the commission.
12 (d) Provide a method that prevents unauthorized access
13 to electronic filing system functions.
14 (6) The commission shall provide by rule procedures to
15 administer this section, including, but not limited to:
16 (a) Alternate filing procedures in case the electronic
17 filing system is not operable.
18 (b) The issuance of an electronic receipt to the
19 person submitting the report indicating and verifying the date
20 and time that the report was filed.
21 (7) The commission shall make all the data filed
22 available on the Internet in an easily understood and
23 accessible format. In addition, the commission shall include
24 each principal's current industry group classification
25 pursuant to s. 112.3215(3).
26 Section 9. The first activity reports subject to the
27 amended reporting requirements in this act must be filed by
28 May 15, 2006, and encompass the reporting period from January
29 1, 2006, through March 31, 2006.
30 Section 10. Except as otherwise provided, this act
31 shall take effect January 1, 2006.
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to lobbying; amending s.
8 11.045, F.S., relating to the requirements that
9 legislative lobbyists register and report as
10 required by legislative rule; defining the term
11 "compensation"; requiring each registrant who
12 is a designated lobbyist to identify the
13 industry group classification that describes
14 the principal; requiring that each registrant
15 designate the general and specific areas of the
16 principal's legislative interest; requiring the
17 disclosure of all compensation provided or owed
18 to a legislative lobbyist; requiring lobbying
19 activity reports to include the name and
20 address of each person to whom a lobbying
21 expenditure was made, the amount, date, and
22 purpose of the expenditure, and the name and
23 title of the person for whom the expenditure
24 was made; requiring that expenditures made as
25 open invitations be so designated; requiring
26 that each legislative lobbyist report the areas
27 of the principal's legislative interest which
28 were lobbied during the reporting period;
29 requiring a report of the amount of time spent
30 on each category; requiring detailed written
31 descriptions of specific issues lobbied;
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1 requiring the Division of Legislative
2 Information Services to aggregate certain
3 compensation and expenditure information;
4 revising the period for filing reporting
5 statements; requiring that a lobbyist and
6 principal preserve certain records for a
7 specified period; providing for inspection of
8 such records by a representative of the
9 Legislature; providing for audits by the
10 Auditor General; providing for enforcement of
11 the right of inspection by writ; authorizing
12 legislative committees to investigate persons
13 engaged in legislative or executive lobbying;
14 requiring that lobbying-activity reports be
15 electronically filed; creating s. 11.0455,
16 F.S.; defining the term "electronic filing
17 system"; providing requirements for lobbyists
18 filing reports with the Division of Legislative
19 Information Services by means of the division's
20 electronic filing system; providing that such
21 reports are considered to be under oath;
22 providing requirements for the electronic
23 filing system; providing for the Legislature to
24 adopt rules to administer the electronic filing
25 system; requiring alternate filing procedures;
26 requiring the issuance of electronic receipts;
27 requiring that the division provide for public
28 access to the data that is filed via the
29 Internet; amending s. 11.45, F.S.; requiring
30 that the Auditor General conduct random audits
31 of the activity reports filed by legislative
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1 and executive lobbyists; granting the Auditor
2 General independent authority to audit the
3 accounts and records of any principal or
4 lobbyist with respect to compliance with the
5 compensation-reporting requirements; requiring
6 that the audit reports be forwarded to the
7 Legislature; amending s. 112.3215, F.S.,
8 relating to the requirements that executive
9 branch and Constitution Revision Commission
10 lobbyists register and report; defining the
11 term "compensation"; requiring each lobbyist
12 who is a designated lobbyist to identify the
13 industry group classification that describes
14 the principal; requiring that each lobbyist
15 designate the general and specific areas of the
16 principal's legislative interest; requiring the
17 disclosure of all compensation provided or owed
18 to a lobbyist; requiring lobbying activity
19 reports to include the name and address of each
20 person to whom a lobbying expenditure was made,
21 the amount, date, and purpose of the
22 expenditure and the name, title, and agency of
23 the person for whom the expenditure was made;
24 requiring that each lobbyist report the areas
25 of the principal's lobbying interest which were
26 lobbied during the reporting period; requiring
27 a report of the amount of time spent on each
28 category; requiring detailed written
29 descriptions of specific issues lobbied;
30 requiring the Commission on Ethics to aggregate
31 certain compensation and expenditure
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1 information; revising the period for filing
2 reporting statements; requiring that a lobbyist
3 and principal preserve certain records for a
4 specified period; providing for inspection of
5 such records by a representative of the
6 commission; providing for audits by the Auditor
7 General; providing for enforcement of the right
8 of inspection by writ; requiring that
9 lobbying-activity reports be electronically
10 filed; creating s. 112.31255, F.S.; defining
11 the term "electronic filing system"; providing
12 requirements for lobbyists filing reports with
13 the Florida Commission on Ethics by means of
14 the electronic filing system; providing that
15 such reports are considered to be under oath;
16 providing requirements for the electronic
17 filing system; providing for the commission to
18 adopt rules to administer the electronic filing
19 system; requiring alternate filing procedures;
20 requiring the issuance of electronic receipts;
21 requiring that the commission provide for
22 public access to the data that is filed via the
23 Internet; specifying the initial reporting
24 period that is subject to the requirements of
25 the act; providing an effective date.
26
27
28
29
30
31
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