Amendment
Bill No. 2646

Amendment No. 751873

CHAMBER ACTION
Senate		House
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1	Representative(s) Reagan 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)  "Compensation" means a payment, distribution, loan,
15	advance, reimbursement, deposit, salary, fee, retainer, or
16	anything of value provided or owed to a lobbying firm, directly
17	or indirectly, by a principal.
18	(c)(b)  "Division" means the Division of Legislative
19	Information Services within the Office of Legislative Services.
20	(d)(c)  "Expenditure" means a payment, distribution, loan,
21	advance, reimbursement, deposit, or anything of value made by a
22	lobbyist or principal for the purpose of lobbying. A
23	contribution made to a political party regulated under chapter
24	103 is not deemed an expenditure for purposes of this section.
25	(e)(d)  "Legislative action" means introduction,
26	sponsorship, testimony, debate, voting, or any other official
27	action on any measure, resolution, amendment, nomination,
28	appointment, or report of, or any matter which may be the
29	subject of action by, either house of the Legislature or any
30	committee thereof.
31	(f)(e)  "Lobbying" means influencing or attempting to
32	influence legislative action or nonaction through oral or
33	written communication or an attempt to obtain the goodwill of a
34	member or employee of the Legislature. Food and beverages paid
35	for or provided, directly or indirectly, by a lobbyist or
36	principal to, or for the benefit of, a member or employee of the
37	Legislature is deemed an attempt to obtain the goodwill of the
38	member or employee unless the lobbyist or principal is the
39	member's or employee's parent, spouse, child, or sibling.
40	(g)  "Lobbying firm" means any business entity, including
41	an individual contract lobbyist, that receives or becomes
42	entitled to receive any compensation for the purpose of
43	lobbying, where any partner, owner, officer, or employee of the
44	business entity is a lobbyist.
45	(h)(f)  "Lobbyist" means a person who is employed and
46	receives payment, or who contracts for economic consideration,
47	for the purpose of lobbying, or a person who is principally
48	employed for governmental affairs by another person or
49	governmental entity to lobby on behalf of that other person or
50	governmental entity.
51	(i)(g)  "Principal" means the person, firm, corporation, or
52	other entity which has employed or retained a lobbyist,
53	including a lobbying firm that subcontracts work.
54	(2)  Each house of the Legislature shall provide by rule,
55	or may provide by a joint rule adopted by both houses, for the
56	registration of lobbyists who lobby the Legislature.  The rule
57	may provide for the payment of a registration fee.  The rule may
58	provide for exemptions from registration or registration fees.
59	The rule shall provide that:
60	(a)  Registration is required for each principal
61	represented.
62	(b)  Registration shall include a statement signed by the
63	principal or principal's representative that the registrant is
64	authorized to represent the principal.
65	(c)  A registrant shall promptly send a written statement
66	to the division canceling the registration for a principal upon
67	termination of the lobbyist's representation of that principal.
68	Notwithstanding this requirement, the division may remove the
69	name of a registrant from the list of registered lobbyists if
70	the principal notifies the office that a person is no longer
71	authorized to represent that principal.
72	(d)  Every registrant shall be required to state the extent
73	of any direct business association or partnership with any
74	current member of the Legislature.
75	(e)1.  Each lobbyist and each principal shall preserve for
76	a period of 4 years all accounts, bills, receipts, computer
77	records, books, papers, and other documents and records
78	necessary to substantiate lobbying expenditures. Any documents
79	and records retained pursuant to this section may be inspected
80	under reasonable circumstances by any authorized representative
81	of the Legislature. The right of inspection may be enforced in
82	circuit court by appropriate writ issued by any court of
83	competent jurisdiction.
84	2.  Each lobbying firm and each principal shall preserve
85	for a period of 4 years all accounts, bills, receipts, computer
86	records, books, papers, and other documents and records
87	necessary to substantiate compensation.
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	(3)  Each house of the Legislature shall provide by rule
92	the following reporting requirements:
93	(a)  Statements shall be filed by all registered lobbyists
94	two times per year, which must disclose all lobbying
95	expenditures by the lobbyist and the principal and the source of
96	funds for such expenditures. All expenditures made by the
97	lobbyist and the principal for the purpose of lobbying must be
98	reported. Reporting of expenditures shall be made on an accrual
99	basis. The report of such expenditures must identify whether the
100	expenditure was made directly by the lobbyist, directly by the
101	principal, initiated or expended by the lobbyist and paid for by
102	the principal, or initiated or expended by the principal and
103	paid for by the lobbyist. The principal is responsible for the
104	accuracy of the expenditures reported as lobbying expenditures
105	made by the principal. The lobbyist is responsible for the
106	accuracy of the expenditures reported as lobbying expenditures
107	made by the lobbyist. Expenditures made must be reported in the
108	aggregate in either the category "food and beverages" or
109	"novelty items." by the category of the expenditure, including,
110	but not limited to, the categories of food and beverages,
111	entertainment, research, communication, media advertising,
112	publications, travel, and lodging. Lobbying expenditures do not
113	include a lobbyist's or principal's salary, office expenses, and
114	personal expenses for lodging, meals, and travel.
115	(b)  If a principal is represented by two or more
116	lobbyists, the first lobbyist who registers to represent that
117	principal shall be the designated lobbyist. The designated
118	lobbyist's expenditure report shall include all lobbying
119	expenditures made directly by the principal and those
120	expenditures of the designated lobbyist on behalf of that
121	principal as required by paragraph (a). All other lobbyists
122	registered to represent that principal shall file a report
123	pursuant to paragraph (a).  The report of lobbying expenditures
124	by the principal shall be made pursuant to the requirements of
125	paragraph (a).  The principal is responsible for the accuracy of
126	figures reported by the designated lobbyist as lobbying
127	expenditures made directly by the principal. The designated
128	lobbyist is responsible for the accuracy of the figures reported
129	as lobbying expenditures made by that lobbyist. Each lobbyist
130	shall file an expenditure report for each period during any
131	portion of which he or she was registered, and each principal
132	shall ensure that an expenditure report is filed for each period
133	during any portion of which the principal was represented by a
134	registered lobbyist.
135	(c)1.  Each lobbyist, including a designated lobbyist,
136	shall identify on the expenditure report all general areas of
137	the principal's legislative interest that were lobbied during
138	the reporting period.
139	2.  For each general area of legislative interest
140	designated, the lobbyist shall provide a detailed written
141	description of all specific issues lobbied within the general
142	area.
143	(d)1.  Each lobbying firm shall file a compensation
144	statement with the division for each reporting period during any
145	portion of which one or more of the firm's lobbyists were
146	registered to represent a principal. The report shall include
147	the:
148	a.  Full name, business address, and telephone number of
149	the lobbying firm; and
150	b.  Name of each of the firm's lobbyists.
151	2.  For each principal represented by one or more of the
152	firm's lobbyists, the compensation report shall include the:
153	a.  Full name, business address, and telephone number of
154	the principal;
155	b.  Total compensation for lobbying in this state provided
156	or owed to the lobbying firm for the reporting period, reported
157	in one of the following categories:  $0; less than $25,000;
158	$25,001 to $50,000; 50,001 to $75,000; $75,001 to $100,000;
159	$100,001 to $125,000; $125,001 to $150,000; $150,001 or more. If
160	the category "$150,001 or more" is selected, the specific dollar
161	amount of compensation must be reported, rounded up or down to
162	the nearest $1,000; and
163	c.  If the lobbying firm is reporting compensation
164	resulting from a subcontracting agreement with another lobbying
165	firm, the full name and business address of the principal
166	originating the lobbying work.
167	3.  The senior partner, officer, or owner of the lobbying
168	firm shall certify to the veracity and completeness of the
169	information submitted pursuant to this paragraph.
170	(e)(c)  For each reporting period the division shall
171	aggregate the expenditures reported by all of the lobbyists for
172	a principal represented by more than one lobbyist. Further, the
173	division shall aggregate figures that provide a cumulative total
174	of expenditures reported as spent by and on behalf of each
175	principal for the calendar year. For each principal represented
176	by more than one lobbying firm, the division shall also
177	aggregate the reporting-period compensation reported as provided
178	or owed by the principal.
179	(f)(d)  The compensation and expenditure reporting
180	statements shall be filed no later than 45 days after the end of
181	each the reporting period.  The first report shall include the
182	compensation and expenditures for the period from January 1
183	through June 30. The second report shall disclose expenditures
184	for the period from July 1 through December 31. The statements
185	shall be rendered in the identical form provided by the
186	respective houses and shall be open to public inspection.
187	Reporting statements may be filed by electronic means, when
188	feasible.
189	(e)  Reports shall be filed not later than 5 p.m. of the
190	report due date. However, any report that is postmarked by the
191	United States Postal Service no later than midnight of the due
192	date shall be deemed to have been filed in a timely manner, and
193	a certificate of mailing obtained from and dated by the United
194	States Postal Service at the time of the mailing, or a receipt
195	from an established courier company which bears a date on or
196	before the due date, shall be proof of mailing in a timely
197	manner.
198	(g)(f)  Each house of the Legislature shall provide by
199	rule, or both houses may provide by joint rule, a procedure by
200	which a lobbying firm or lobbyist who fails to timely file a
201	report shall be notified and assessed fines.  The rule shall
202	provide for the following:
203	1.  Upon determining that the report is late, the person
204	designated to review the timeliness of reports shall immediately
205	notify the lobbying firm or lobbyist as to the failure to timely
206	file the report and that a fine is being assessed for each late
207	day. The fine shall be $50 per day per report for each late day,
208	not to exceed $5,000 per report.
209	2.  Upon receipt of the report, the person designated to
210	review the timeliness of reports shall determine the amount of
211	the fine due based upon the earliest of the following:
212	a.  When a report is actually received by the lobbyist
213	registration and reporting office.
214	b.  When the report is postmarked.
215	c.  When the certificate of mailing is dated.
216	d.  When the receipt from an established courier company is
217	dated.
218	3.  Such fine shall be paid within 30 days after the notice
219	of payment due is transmitted by the Lobbyist Registration
220	Office, unless appeal is made to the division. The moneys shall
221	be deposited into the Legislative Lobbyist Registration Trust
222	Fund.
223	4.  A fine shall not be assessed against a lobbying firm or
224	lobbyist the first time any reports for which the lobbying firm
225	or lobbyist is responsible are not timely filed. However, to
226	receive the one-time fine waiver, all reports for which the
227	lobbying firm or lobbyist is responsible must be filed within 30
228	days after notice that any reports have not been timely filed is
229	transmitted by the Lobbyist Registration Office. A fine shall be
230	assessed for any subsequent late-filed reports.
231	5.  Any lobbying firm or lobbyist may appeal or dispute a
232	fine, based upon unusual circumstances surrounding the failure
233	to file on the designated due date, and may request and shall be
234	entitled to a hearing before the General Counsel of the Office
235	of Legislative Services, who shall recommend to the President of
236	the Senate and the Speaker of the House of Representatives, or
237	their respective designees, that the fine be waived in whole or
238	in part for good cause shown. The President of the Senate and
239	the Speaker of the House of Representatives, or their respective
240	designees, may concur in the recommendation and waive the fine
241	in whole or in part. Any such request shall be made within 30
242	days after the notice of payment due is transmitted by the
243	Lobbyist Registration Office.  In such case, the lobbying firm
244	or lobbyist shall, within the 30-day period, notify the person
245	designated to review the timeliness of reports in writing of his
246	or her intention to request a hearing.
247	6.  A lobbyist, a lobbyist's legal representative, or the
248	principal of a lobbyist may request that the filing of an
249	expenditure report be waived upon good cause shown, based on
250	unusual circumstances. A lobbying firm may request that the
251	filing of a compensation report be waived upon good cause shown,
252	based on unusual circumstances. The request must be filed with
253	the General Counsel of the Office of Legislative Services, who
254	shall make a recommendation concerning the waiver request to the
255	President of the Senate and the Speaker of the House of
256	Representatives. The President of the Senate and the Speaker of
257	the House of Representatives may grant or deny the request.
258	7.  The registration of a lobbyist who fails to timely pay
259	a fine is automatically suspended until the fine is paid or
260	waived. All lobbyist registrations for lobbyists who are
261	partners, owners, officers, or employees of a lobbying firm that
262	fails to timely pay a fine are automatically suspended until the
263	fine is paid or waived; the division shall promptly notify all
264	affected principals of any suspension or reinstatement.
265	8.7.  The person designated to review the timeliness of
266	reports shall notify the director of the division of the failure
267	of a lobbying firm or lobbyist to file a report after notice or
268	of the failure of a lobbying firm or lobbyist to pay the fine
269	imposed.
270	(4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
271	other provision of law to the contrary, no lobbyist or principal
272	shall make, directly or indirectly, and no member or employee of
273	the Legislature shall knowingly accept, directly or indirectly,
274	any lobbying expenditure, except for:
275	1.  Food and beverages:
276	a.  Consumed at a single sitting or meal;
277	b.  Paid for solely by lobbyists or principals who are
278	present for the duration of the sitting or meal;
279	c.  Where the actual value attributable to members and
280	employees of the Legislature is determinable;
281	d.  Provided that the actual gross value attributable to a
282	member or employee of the Legislature from all lobbyists and
283	principals paying for the food and beverages, including any
284	value attributable pursuant to paragraph (b), does not exceed
285	$100.
286	2.  Novelty items having an individual retail value of $25
287	or less provided to members of the Senate or House of
288	Representatives during any regular or special session, or
289	provided during any week during which the Senate or House has
290	scheduled committee meetings.  Such novelty items may also be
291	distributed to the staff of either or both houses, subject to
292	the same timing constraints.
293	(b)  The value of any food and beverages provided to a
294	spouse or child of a member or employee of the Legislature shall
295	be attributed to the member or employee, as appropriate.
296	(c)  No principal shall provide compensation for lobbying
297	to any individual or business entity that is not a lobbying
298	firm.
299	(5)(4)  Each house of the Legislature shall provide by rule
300	a procedure by which a person, when in doubt about the
301	applicability and interpretation of this section in a particular
302	context, may submit in writing the facts for an advisory opinion
303	to the committee of either house and may appear in person before
304	the committee.  The rule shall provide a procedure by which:
305	(a)  The committee shall render advisory opinions to any
306	person who seeks advice as to whether the facts in a particular
307	case would constitute a violation of this section.
308	(b)  The committee shall make sufficient deletions to
309	prevent disclosing the identity of persons in the decisions or
310	opinions.
311	(c)  All advisory opinions of the committee shall be
312	numbered, dated, and open to public inspection.
313	(6)(5)  Each house of the Legislature shall provide by rule
314	for keeping keep all advisory opinions of the committees
315	relating to lobbying firms, lobbyists, and lobbying activities.,
316	as well as The rule shall also provide that each house keep a
317	current list of registered lobbyists and their respective
318	reports required under this section, along with reports required
319	of lobbying firms under this section, all of which shall be open
320	for public inspection.
321	(7)(6)  Each house of the Legislature shall provide by rule
322	that the committee of either house shall investigate any
323	lobbying firm or lobbyist person engaged in legislative lobbying
324	upon receipt of a sworn complaint alleging a violation of this
325	section, s. 112.3148, or s. 112.3149 by such person. Such
326	proceedings shall be conducted pursuant to the rules of the
327	respective houses. If the committee finds that there has been a
328	violation of this section, s. 112.3148, or s. 112.3149, it shall
329	report its findings to the President of the Senate or the
330	Speaker of the House of Representatives, as appropriate,
331	together with a recommended penalty, to include a fine of not
332	more than $5,000, reprimand, censure, probation, or prohibition
333	from lobbying for a period of time not to exceed 24 months. Upon
334	the receipt of such report, the President of the Senate or the
335	Speaker of the House of Representatives shall cause the
336	committee report and recommendations to be brought before the
337	respective house and a final determination shall be made by a
338	majority of said house.
339	(8)(7)  Any person required to be registered or to provide
340	information pursuant to this section or pursuant to rules
341	established in conformity with this section who knowingly fails
342	to disclose any material fact required by this section or by
343	rules established in conformity with this section, or who
344	knowingly provides false information on any report required by
345	this section or by rules established in conformity with this
346	section, commits a noncriminal infraction, punishable by a fine
347	not to exceed $5,000. Such penalty shall be in addition to any
348	other penalty assessed by a house of the Legislature pursuant to
349	subsection (7)(6).
350	(9)(8)  There is hereby created the Legislative Lobbyist
351	Registration Trust Fund, to be used for the purpose of funding
352	any office established for the administration of the
353	registration of lobbyist lobbying the Legislature, including the
354	payment of salaries and other expenses, and for the purpose of
355	paying the expenses incurred by the Legislature in providing
356	services to lobbyists.  The trust fund is not subject to the
357	service charge to general revenue provisions of chapter 215.
358	Fees collected pursuant to rules established in accordance with
359	subsection (2) shall be deposited into the Legislative Lobbyist
360	Registration Trust Fund.
361	Section 2.  Effective August 1, 2006, section 11.0455,
362	Florida Statutes, is created to read:
363	11.0455  Electronic filing of compensation and expenditure
364	reports.--
365	(1)  As used in this section, the term "electronic filing
366	system" means an Internet system for recording and reporting
367	lobbying compensation, expenditures, and other required
368	information by reporting period.
369	(2)  Each lobbying firm or lobbyist who is required to file
370	reports with the Division of Legislative Information Services
371	pursuant to s. 11.045 must file such reports with the division
372	by means of the division's electronic filing system.
373	(3)  A report filed pursuant to this section must be
374	completed and filed through the electronic filing system not
375	later than 11:59 p.m. of the day designated in s. 11.045. A
376	report not filed by 11:59 p.m. of the day designated is a late-
377	filed report and is subject to the penalties under s. 11.045(3).
378	(4)  Each report filed pursuant to this section is
379	considered to be certified to the best of the filer's knowledge
380	as accurate and complete by the lobbyist, the lobbying firm, or
381	the designated lobbyist and principal, whichever is applicable,
382	and such persons are subject to the provisions of s. 11.045(7)
383	and s. 11.045(8). Persons given a secure sign-on to the
384	electronic filing system are responsible for protecting it from
385	disclosure and are responsible for all filings using such
386	credentials, unless they have notified the division that their
387	credentials have been compromised.
388	(5)  The electronic filing system developed by the division
389	must:
390	(a)  Be based on access by means of the Internet.
391	(b)  Be accessible by anyone with Internet access using
392	standard web-browsing software.
393	(c)  Provide for direct entry of compensation-report and
394	expenditure-report information as well as upload of such
395	information from software authorized by the division.
396	(d)  Provide a method that prevents unauthorized access to
397	electronic filing system functions.
398	(6)  Each house of the Legislature shall provide by rule,
399	or may provide by a joint rule adopted by both houses,
400	procedures to implement and administer this section, including,
401	but not limited to:
402	(a)  Alternate filing procedures in case the division's
403	electronic filing system is not operable.
404	(b)  The issuance of an electronic receipt to the person
405	submitting the report indicating and verifying the date and time
406	that the report was filed.
407	(7)  Each house of the Legislature shall provide by rule
408	that the division make all the data filed available on the
409	Internet in an easily understood and accessible format. The
410	Internet website shall also include, but not be limited to, the
411	names and business addresses of lobbyists, lobbying firms, and
412	principals, the affiliations between lobbyists and principals.
413	Section 3.  Section 112.3215, Florida Statutes, is amended
414	to read:
415	112.3215  Lobbying Lobbyists before the executive branch or
416	the Constitution Revision Commission; registration and
417	reporting; investigation by commission.--
418	(1)  For the purposes of this section:
419	(a)  "Agency" means the Governor, Governor and Cabinet, or
420	any department, division, bureau, board, commission, or
421	authority of the executive branch.  In addition, "agency" shall
422	mean the Constitution Revision Commission as provided by s. 2,
423	Art. XI of the State Constitution.
424	(b)  "Compensation" means a payment, distribution, loan,
425	advance, reimbursement, deposit, salary, fee, retainer, or
426	anything of value provided or owed to a lobbying firm, directly
427	or indirectly, by a principal.
428	(c)(b)  "Expenditure" means a payment, distribution, loan,
429	advance, reimbursement, deposit, or anything of value made by a
430	lobbyist or principal for the purpose of lobbying. A
431	contribution made to a political party regulated under chapter
432	103 is not deemed an expenditure for purposes of this section.
433	(d)(c)  "Fund" means the Executive Branch Lobby
434	Registration Trust Fund.
435	(e)1.(d)  "Lobbies" means seeking, on behalf of another
436	person, to influence an agency with respect to a decision of the
437	agency in the area of policy or procurement or an attempt to
438	obtain the goodwill of an agency official or employee.
439	"Lobbies" also means influencing or attempting to influence, on
440	behalf of another, the Constitution Revision Commission's action
441	or nonaction through oral or written communication or an attempt
442	to obtain the goodwill of a member or employee of the
443	Constitution Revision Commission.
444	2.  Food and beverages paid for or provided, directly or
445	indirectly, by a lobbyist or principal to, or for the benefit
446	of, an agency official or employee or a member or employee of
447	the Constitution Revision Commission is deemed an attempt to
448	obtain such person's goodwill unless the lobbyist or principal
449	is the person's parent, spouse, child, or sibling.
450	(f)  "Lobbying firm" means a business entity, including an
451	individual contract lobbyist, that receives or becomes entitled
452	to receive any compensation for the purpose of lobbying, where
453	any partner, owner, officer, or employee of the business entity
454	is a lobbyist.
455	(g)(e)  "Lobbyist" means a person who is employed and
456	receives payment, or who contracts for economic consideration,
457	for the purpose of lobbying, or a person who is principally
458	employed for governmental affairs by another person or
459	governmental entity to lobby on behalf of that other person or
460	governmental entity. "Lobbyist" does not include a person who
461	is:
462	1.  An attorney, or any person, who represents a client in
463	a judicial proceeding or in a formal administrative proceeding
464	conducted pursuant to chapter 120 or any other formal hearing
465	before an agency, board, commission, or authority of this state.
466	2.  An employee of an agency or of a legislative or
467	judicial branch entity acting in the normal course of his or her
468	duties.
469	3.  A confidential informant who is providing, or wishes to
470	provide, confidential information to be used for law enforcement
471	purposes.
472	4.  A person who lobbies to procure a contract pursuant to
473	chapter 287 which contract is less than the threshold for
474	CATEGORY ONE as provided in s. 287.017(1)(a).
475	(h)(f)  "Principal" means the person, firm, corporation, or
476	other entity which has employed or retained a lobbyist,
477	including a lobbying firm that subcontracts work.
478	(2)  The Executive Branch Lobby Registration Trust Fund is
479	hereby created within the commission to be used for the purpose
480	of funding any office established to administer the registration
481	of lobbyists lobbying an agency, including the payment of
482	salaries and other expenses. The trust fund is not subject to
483	the service charge to General Revenue provisions of chapter 215.
484	All annual registration fees collected pursuant to this section
485	shall be deposited into such fund.
486	(3)  A person may not lobby an agency until such person has
487	registered as a lobbyist with the commission.  Such registration
488	shall be due upon initially being retained to lobby and is
489	renewable on a calendar year basis thereafter. Upon registration
490	the person shall provide a statement signed by the principal or
491	principal's representative that the registrant is authorized to
492	represent the principal. The registration shall require each the
493	lobbyist to disclose, under oath, the following information:
494	(a)  Name and business address;
495	(b)  The name and business address of each principal
496	represented;
497	(c)  His or her area of interest;
498	(d)  The agencies before which he or she will appear; and
499	(e)  The existence of any direct or indirect business
500	association, partnership, or financial relationship with any
501	employee of an agency with which he or she lobbies, or intends
502	to lobby, as disclosed in the registration.
503	(4)  The annual lobbyist registration fee shall be set by
504	the commission by rule, not to exceed $40 for each principal
505	represented.
506	(5)(a)  A registered lobbyist must also submit to the
507	commission, biannually, a signed expenditure report summarizing
508	all lobbying expenditures by the lobbyist and the principal for
509	each 6-month period during any portion of which the lobbyist is
510	registered.  All expenditures made by the lobbyist and the
511	principal for the purpose of lobbying must be reported.
512	Reporting of expenditures shall be on an accrual basis. The
513	report of such expenditures must identify whether the
514	expenditure was made directly by the lobbyist, directly by the
515	principal, initiated or expended by the lobbyist and paid for by
516	the principal, or initiated or expended by the principal and
517	paid for by the lobbyist. The principal is responsible for the
518	accuracy of the expenditures reported as lobbying expenditures
519	made by the principal. The lobbyist is responsible for the
520	accuracy of the expenditures reported as lobbying expenditures
521	made by the lobbyist. Expenditures made must be reported in the
522	aggregate in either the category "food and beverages" or
523	"novelty items." by the category of the expenditure, including,
524	but not limited to, the categories of food and beverages,
525	entertainment, research, communication, media advertising,
526	publications, travel, and lodging. Lobby expenditures do not
527	include a lobbyist's or principal's salary, office expenses, and
528	personal expenses for lodging, meals, and travel.
529	(b)  A principal who is represented by two or more
530	lobbyists shall designate one lobbyist whose expenditure report
531	shall include all lobbying expenditures made directly by the
532	principal and those expenditures of the designated lobbyist on
533	behalf of that principal as required by paragraph (a). All other
534	lobbyists registered to represent that principal shall file a
535	report pursuant to paragraph (a). The report of lobbying
536	expenditures by the principal shall be made pursuant to the
537	requirements of paragraph (a). The principal is responsible for
538	the accuracy of figures reported by the designated lobbyist as
539	lobbying expenditures made directly by the principal. The
540	designated lobbyist is responsible for the accuracy of the
541	figures reported as lobbying expenditures made by that lobbyist.
542	(c)1.  Each lobbyist, including a designated lobbyist,
543	shall identify on the expenditure report all general areas of
544	the principal's lobbying interest that were lobbied during the
545	reporting period.
546	2.  For each general area of lobbying interest designated,
547	the lobbyist shall provide a detailed written description of all
548	specific issues lobbied within the general area.
549	(d)1.  Each lobbying firm shall file a compensation
550	statement with the commission for each reporting period during
551	any portion of which one or more of the firm's lobbyists were
552	registered to represent a principal. The report shall include
553	the:
554	a.  Full name, business address, and telephone number of
555	the lobbying firm; and
556	b.  Name of each of the firm's lobbyists.
557	2.  For each principal represented by one or more of the
558	firm's lobbyists, the compensation report shall also include
559	the:
560	a.  Full name, business address, and telephone number of
561	the principal;
562	b.  Total compensation for lobbying in this state provided
563	or owed to the lobbying firm for the reporting period, reported
564	in one of the following categories:  $0; less than $25,000;
565	$25,001 to $50,000; 50,001 to $75,000; $75,001 to $100,000;
566	$100,001 to $125,000; $125,001 to $150,000; $150,001 or more.
567	If the category "$150,001 or more" is selected, the specific
568	dollar amount of compensation must be reported, rounded up or
569	down to the nearest $1,000; and
570	c.  If the lobbying firm is reporting compensation
571	resulting from a subcontracting agreement with another lobbying
572	firm, the full name and business address of the principal
573	originating the lobbying work.
574	3.  The senior partner, officer, or owner of the lobbying
575	firm shall certify to the veracity and completeness of the
576	information submitted pursuant to this paragraph.
577	(e)(c)  For each reporting period the commission shall
578	aggregate the expenditures of all lobbyists for a principal
579	represented by more than one lobbyist. Further, the commission
580	shall aggregate figures that provide a cumulative total of
581	expenditures reported as spent by and on behalf of each
582	principal for the calendar year. For each principal represented
583	by more than one lobbying firm, the commission shall also
584	aggregate the reporting-period compensation reported as provided
585	or owed by the principal.
586	(f)(d)  The compensation and expenditure reporting
587	statements shall be filed no later than 45 days after the end of
588	each reporting period. and shall include the expenditures for
589	the period The first report shall include the compensation and
590	expenditures for the period from January 1 through June 30, and
591	July 1 through December 31, respectively.
592	(g)(e)  Reports shall be filed not later than 5 p.m. of the
593	report due date.  However, any report that is postmarked by the
594	United States Postal Service no later than midnight of the due
595	date shall be deemed to have been filed in a timely manner, and
596	a certificate of mailing obtained from and dated by the United
597	States Postal Service at the time of the mailing, or a receipt
598	from an established courier company which bears a date on or
599	before the due date, shall be proof of mailing in a timely
600	manner.
601	(h)(f)  The commission shall provide by rule a procedure by
602	which a lobbying firm or lobbyist who fails to timely file a
603	report shall be notified and assessed fines.  The rule shall
604	provide for the following:
605	1.  Upon determining that the report is late, the person
606	designated to review the timeliness of reports shall immediately
607	notify the lobbying firm or lobbyist as to the failure to timely
608	file the report and that a fine is being assessed for each late
609	day. The fine shall be $50 per day per report for each late day
610	up to a maximum of $5,000 per late report.
611	2.  Upon receipt of the report, the person designated to
612	review the timeliness of reports shall determine the amount of
613	the fine due based upon the earliest of the following:
614	a.  When a report is actually received by the lobbyist
615	registration and reporting office.
616	b.  When the report is postmarked.
617	c.  When the certificate of mailing is dated.
618	d.  When the receipt from an established courier company is
619	dated.
620	3.  Such fine shall be paid within 30 days after the notice
621	of payment due is transmitted by the Lobbyist Registration
622	Office, unless appeal is made to the commission.  The moneys
623	shall be deposited into the Executive Branch Lobby Registration
624	Trust Fund.
625	4.  A fine shall not be assessed against a lobbying firm or
626	lobbyist the first time any reports for which the lobbying firm
627	or lobbyist is responsible are not timely filed. However, to
628	receive the one-time fine waiver, all reports for which the
629	lobbying firm or lobbyist is responsible must be filed within 30
630	days after the notice that any reports have not been timely
631	filed is transmitted by the Lobbyist Registration Office. A fine
632	shall be assessed for any subsequent late-filed reports.
633	5.  Any lobbying firm or lobbyist may appeal or dispute a
634	fine, based upon unusual circumstances surrounding the failure
635	to file on the designated due date, and may request and shall be
636	entitled to a hearing before the commission, which shall have
637	the authority to waive the fine in whole or in part for good
638	cause shown.  Any such request shall be made within 30 days
639	after the notice of payment due is transmitted by the Lobbyist
640	Registration Office.  In such case, the lobbying firm or
641	lobbyist shall, within the 30-day period, notify the person
642	designated to review the timeliness of reports in writing of his
643	or her intention to bring the matter before the commission.
644	6.  The person designated to review the timeliness of
645	reports shall notify the commission of the failure of a lobbying
646	firm or lobbyist to file a report after notice or of the failure
647	of a lobbying firm or lobbyist to pay the fine imposed.
648	7.  Notwithstanding any provision of chapter 120, any fine
649	imposed under this subsection that is not waived by final order
650	of the commission and that remains unpaid more than 60 days
651	after the notice of payment due or more than 60 days after the
652	commission renders a final order on the lobbying firm's or
653	lobbyist's appeal shall be collected by the Department of
654	Financial Services as a claim, debt, or other obligation owed to
655	the state, and the department may assign the collection of such
656	fine to a collection agent as provided in s. 17.20.
657	(i)(g)  The commission shall adopt a rule which allows
658	reporting statements to be filed by electronic means, when
659	feasible.
660	(j)1.(h)  Each lobbyist and each principal shall preserve
661	for a period of 4 years all accounts, bills, receipts, computer
662	records, books, papers, and other documents and records
663	necessary to substantiate lobbying expenditures. Any documents
664	and records retained pursuant to this section may be inspected
665	under reasonable circumstances by any authorized representative
666	of the commission. The right of inspection may be enforced in
667	circuit court by appropriate writ issued by any court of
668	competent jurisdiction.
669	2.  Each lobbying firm and each principal shall preserve
670	for a period of 4 years all accounts, bills, receipts, computer
671	records, books, papers, and other documents and records
672	necessary to substantiate compensation.
673	(6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
674	other provision of law to the contrary, no lobbyist or principal
675	shall make, directly or indirectly, and no agency official,
676	member, or employee shall knowingly accept, directly or
677	indirectly, any lobbying expenditure, except for:
678	1.  Food and beverages:
679	a.  Consumed at a single sitting or meal;
680	b.  Paid for solely by lobbyists or principals who are
681	present for the duration of the sitting or meal;
682	c.  Where the actual value attributable to officials,
683	members, and employees of the agency or commission is
684	determinable;
685	d.  Provided that the actual gross value attributable to an
686	agency official, member, or employee from all lobbyists and
687	principals paying for the food and beverages, including any
688	value attributable pursuant to paragraph (b), does not exceed
689	$100.
690	(b)  The value of any food and beverages provided to a
691	spouse or child of an agency official, member, or employee shall
692	be attributed to such official, member, or employee.
693	(c)  No principal shall provide compensation for lobbying
694	to any individual or business entity that is not a lobbying
695	firm.
696	(7)(6)  A lobbyist shall promptly send a written statement
697	to the commission canceling the registration for a principal
698	upon termination of the lobbyist's representation of that
699	principal.  Notwithstanding this requirement, the commission may
700	remove the name of a lobbyist from the list of registered
701	lobbyists if the principal notifies the office that a person is
702	no longer authorized to represent that principal. Each lobbyist
703	is responsible for filing an expenditure report for each period
704	during any portion of which he or she was registered, and each
705	principal is responsible for seeing that an expenditure report
706	is filed for each period during any portion of which the
707	principal was represented by a registered lobbyist.
708	(8)(a)(7)  The commission shall investigate every sworn
709	complaint that is filed with it alleging that a person covered
710	by this section has failed to register, has failed to submit a
711	compensation or an expenditure report, or has knowingly
712	submitted false information in any report or registration
713	required in this section.
714	(b)  All proceedings, the complaint, and other records
715	relating to the investigation are confidential and exempt from
716	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
717	Constitution, and any meetings held pursuant to an investigation
718	are exempt from the provisions of s. 286.011(1) and s. 24(b),
719	Art. I of the State Constitution either until the alleged
720	violator requests in writing that such investigation and
721	associated records and meetings be made public or until the
722	commission determines, based on the investigation, whether
723	probable cause exists to believe that a violation has occurred.
724	(9)(8)  If the commission finds no probable cause to
725	believe that a violation of this section occurred, it shall
726	dismiss the complaint, whereupon the complaint, together with a
727	written statement of the findings of the investigation and a
728	summary of the facts, shall become a matter of public record,
729	and the commission shall send a copy of the complaint, findings,
730	and summary to the complainant and the alleged violator. If the
731	commission finds probable cause to believe that a violation
732	occurred, it shall report the results of its investigation to
733	the Governor and Cabinet and send a copy of the report to the
734	alleged violator by certified mail.  Such notification and all
735	documents made or received in the disposition of the complaint
736	shall then become public records. Upon request submitted to the
737	Governor and Cabinet in writing, any person whom the commission
738	finds probable cause to believe has violated any provision of
739	this section shall be entitled to a public hearing. Such person
740	shall be deemed to have waived the right to a public hearing if
741	the request is not received within 14 days following the mailing
742	of the probable cause notification. However, the Governor and
743	Cabinet may on its own motion require a public hearing and may
744	conduct such further investigation as it deems necessary.
745	(10)(9)  If the Governor and Cabinet finds that a violation
746	occurred, it may reprimand the violator, censure the violator,
747	or prohibit the violator from lobbying all agencies for a period
748	not to exceed 2 years. If the violator is a lobbying firm, the
749	Governor and Cabinet may also assess a fine of not more than
750	$5,000 to be deposited in the Executive Branch Lobby
751	Registration Trust Fund.
752	(11)(10)  Any person, when in doubt about the applicability
753	and interpretation of this section to himself or herself in a
754	particular context, may submit in writing the facts of the
755	situation to the commission with a request for an advisory
756	opinion to establish the standard of duty.  An advisory opinion
757	shall be rendered by the commission and, until amended or
758	revoked, shall be binding on the conduct of the person who
759	sought the opinion, unless material facts were omitted or
760	misstated in the request.
761	(12)(11)  Agencies shall be diligent to ascertain whether
762	persons required to register pursuant to this section have
763	complied.  An agency may not knowingly permit a person who is
764	not registered pursuant to this section to lobby the agency.
765	(13)(12)  Upon discovery of violations of this section an
766	agency or any person may file a sworn complaint with the
767	commission.
768	(14)(13)  The commission shall adopt rules to administer
769	this section, which shall prescribe forms for registration,
770	compensation, and expenditure reports, procedures for
771	registration, and procedures that will prevent disclosure of
772	information that is confidential as provided in this section.
773	Section 4.  Effective August 1, 2006, subsection (5) of
774	section 112.3215, Florida Statutes, as amended by this act, is
775	amended to read:
776	112.3215  Lobbying before the executive branch or the
777	Constitution Revision Commission; registration and reporting;
778	investigation by commission.--
779	(5)(a)  A registered lobbyist must also submit to the
780	commission, quarterly, a signed expenditure report summarizing
781	all lobbying expenditures by the lobbyist and the principal for
782	each 3-month period during any portion of which the lobbyist is
783	registered. All expenditures made by the lobbyist and the
784	principal for the purpose of lobbying must be reported.
785	Reporting of expenditures shall be on an accrual basis. The
786	report of such expenditures must identify whether the
787	expenditure was made directly by the lobbyist, directly by the
788	principal, initiated or expended by the lobbyist and paid for by
789	the principal, or initiated or expended by the principal and
790	paid for by the lobbyist. The principal is responsible for the
791	accuracy of the expenditures reported as lobbying expenditures
792	made by the principal. The lobbyist is responsible for the
793	accuracy of the expenditures reported as lobbying expenditures
794	made by the lobbyist. Expenditures made must be reported in the
795	aggregate in either the category "food and beverages" or
796	"novelty items." Lobby expenditures do not include a lobbyist's
797	or principal's salary, office expenses, and personal expenses
798	for lodging, meals, and travel.
799	(b)  A principal who is represented by two or more
800	lobbyists shall designate one lobbyist whose expenditure report
801	shall include all lobbying expenditures made directly by the
802	principal and those expenditures of the designated lobbyist on
803	behalf of that principal as required by paragraph (a). All other
804	lobbyists registered to represent that principal shall file a
805	report pursuant to paragraph (a). The report of lobbying
806	expenditures by the principal shall be made pursuant to the
807	requirements of paragraph (a). The principal is responsible for
808	the accuracy of figures reported by the designated lobbyist as
809	lobbying expenditures made directly by the principal. The
810	designated lobbyist is responsible for the accuracy of the
811	figures reported as lobbying expenditures made by that lobbyist.
812	(c)1.  Each lobbyist, including a designated lobbyist,
813	shall identify on the expenditure report all general areas of
814	the principal's lobbying interest that were lobbied during the
815	reporting period.
816	2.  For each general area of lobbying interest designated,
817	the lobbyist shall provide a detailed written description of all
818	specific issues lobbied within the general area.
819	(d)1.  Each lobbying firm shall file a compensation
820	statement with the commission for each calendar quarter during
821	any portion of which one or more of the firm's lobbyists were
822	registered to represent a principal. The report shall include
823	the:
824	a.  Full name, business address, and telephone number of
825	the lobbying firm; and
826	b.  Name of each of the firm's lobbyists.
827	2.  For each principal represented by one or more of the
828	firm's lobbyists, the compensation report shall also include
829	the:
830	a.  Full name, business address, and telephone number of
831	the principal;
832	b.  Total compensation for lobbying in this state provided
833	or owed to the lobbying firm for the reporting period, reported
834	in one of the following categories:  $0; less than $25,000;
835	$25,001 to $50,000; 50,001 to $75,000; $75,001 to $100,000;
836	$100,001 to $125,000; $125,001 to $150,000; $150,001 or more. If
837	the category "$150,001 or more" is selected, the specific dollar
838	amount of compensation must be reported, rounded up or down to
839	the nearest $1,000; and
840	c.  If the lobbying firm is reporting compensation
841	resulting from a subcontracting agreement with another lobbying
842	firm, the full name and business address of the principal
843	originating the lobbying work.
844	3.  The senior partner, officer, or owner of the lobbying
845	firm shall certify to the veracity and completeness of the
846	information submitted pursuant to this paragraph.
847	(e)  For each reporting period the commission shall
848	aggregate the expenditures of all lobbyists for a principal
849	represented by more than one lobbyist. Further, the commission
850	shall aggregate figures that provide a cumulative total of
851	expenditures reported as spent by and on behalf of each
852	principal for the calendar year. For each principal represented
853	by more than one lobbying firm, the division shall also
854	aggregate the reporting-period compensation reported as provided
855	or owed by the principal.
856	(f)  The compensation and expenditure reporting statements
857	shall be filed no later than 45 days after the end of each
858	reporting period. The first report shall include the
859	compensation and expenditures for the period from January 1
860	through June 30, and July 1 through December 31, respectively.
861	Reporting statements must be filed by electronic means as
862	provided in s. 112.32155.
863	(g)  Reports shall be filed not later than 5 p.m. of the
864	report due date.  However, any report that is postmarked by the
865	United States Postal Service no later than midnight of the due
866	date shall be deemed to have been filed in a timely manner, and
867	a certificate of mailing obtained from and dated by the United
868	States Postal Service at the time of the mailing, or a receipt
869	from an established courier company which bears a date on or
870	before the due date, shall be proof of mailing in a timely
871	manner.
872	(g)(h)  The commission shall provide by rule a procedure by
873	which a lobbying firm or lobbyist who fails to timely file a
874	report shall be notified and assessed fines.  The rule shall
875	provide for the following:
876	1.  Upon determining that the report is late, the person
877	designated to review the timeliness of reports shall immediately
878	notify the lobbying firm or lobbyist as to the failure to timely
879	file the report and that a fine is being assessed for each late
880	day. The fine shall be $50 per day per report for each late day
881	up to a maximum of $5,000 per late report.
882	2.  Upon receipt of the report, the person designated to
883	review the timeliness of reports shall determine the amount of
884	the fine due based upon the earliest of the following:
885	a.  When a report is actually received by the lobbyist
886	registration and reporting office.
887	b.  When the electronic receipt issued pursuant to s.
888	112.32155 is dated. When the report is postmarked.
889	c.  When the certificate of mailing is dated.
890	d.  When the receipt from an established courier company is
891	dated.
892	3.  Such fine shall be paid within 30 days after the notice
893	of payment due is transmitted by the Lobbyist Registration
894	Office, unless appeal is made to the commission.  The moneys
895	shall be deposited into the Executive Branch Lobby Registration
896	Trust Fund.
897	4.  A fine shall not be assessed against a lobbying firm or
898	lobbyist the first time any reports for which the lobbying firm
899	or lobbyist is responsible are not timely filed. However, to
900	receive the one-time fine waiver, all reports for which the
901	lobbying firm or lobbyist is responsible must be filed within 30
902	days after the notice that any reports have not been timely
903	filed is transmitted by the Lobbyist Registration Office. A fine
904	shall be assessed for any subsequent late-filed reports.
905	5.  Any lobbying firm or lobbyist may appeal or dispute a
906	fine, based upon unusual circumstances surrounding the failure
907	to file on the designated due date, and may request and shall be
908	entitled to a hearing before the commission, which shall have
909	the authority to waive the fine in whole or in part for good
910	cause shown.  Any such request shall be made within 30 days
911	after the notice of payment due is transmitted by the Lobbyist
912	Registration Office.  In such case, the lobbying firm or
913	lobbyist shall, within the 30-day period, notify the person
914	designated to review the timeliness of reports in writing of his
915	or her intention to bring the matter before the commission.
916	6.  The person designated to review the timeliness of
917	reports shall notify the commission of the failure of a lobbying
918	firm or lobbyist to file a report after notice or of the failure
919	of a lobbying firm or lobbyist to pay the fine imposed.
920	7.  Notwithstanding any provision of chapter 120, any fine
921	imposed under this subsection that is not waived by final order
922	of the commission and that remains unpaid more than 60 days
923	after the notice of payment due or more than 60 days after the
924	commission renders a final order on the lobbying firm's or
925	lobbyist's appeal shall be collected by the Department of
926	Financial Services as a claim, debt, or other obligation owed to
927	the state, and the department may assign the collection of such
928	fine to a collection agent as provided in s. 17.20.
929	(i)  The commission shall adopt a rule which allows
930	reporting statements to be filed by electronic means, when
931	feasible.
932	(h)(j)1.  Each lobbyist and each principal shall preserve
933	for a period of 4 years all accounts, bills, receipts, computer
934	records, books, papers, and other documents and records
935	necessary to substantiate lobbying expenditures. Any documents
936	and records retained pursuant to this section may be inspected
937	under reasonable circumstances by any authorized representative
938	of the commission. The right of inspection may be enforced in
939	circuit court.
940	2.  Each lobbying firm and each principal shall preserve
941	for a period of 4 years all accounts, bills, receipts, computer
942	records, books, papers, and other documents and records
943	necessary to substantiate compensation.
944	Section 5.  Effective August 1, 2006, section 112.32155,
945	Florida Statutes, is created to read:
946	112.32155  Electronic filing of compensation and
947	expenditure reports.--
948	(1)  As used in this section, the term "electronic filing
949	system" means an Internet system for recording and reporting
950	lobbying compensation, expenditures, and other required
951	information by reporting period.
952	(2)  Each lobbying firm or lobbyist who is required to file
953	reports with the Commission on Ethics pursuant to s. 112.3215
954	must file such reports with the commission by means of the
955	electronic filing system.
956	(3)  A report filed pursuant to this section must be
957	completed and filed through the electronic filing system not
958	later than 11:59 p.m. of the day designated in s. 112.3215. A
959	report not filed by 11:59 p.m. of the day designated is a late-
960	filed report and is subject to the penalties under s.
961	112.3215(5).
962	(4)  Each report filed pursuant to this section is
963	considered to be certified to the best of the filer's knowledge
964	as accurate and complete by the lobbyist, the lobbying firm, or
965	the designated lobbyist and principal, whichever is applicable.
966	Persons given a secure sign-on to the electronic filing system
967	are responsible for protecting it from disclosure and are
968	responsible for all filings using such credentials, unless they
969	have notified the division that their credentials have been
970	compromised.
971	(5)  The electronic filing system must:
972	(a)  Be based on access by means of the Internet.
973	(b)  Be accessible by anyone with Internet access using
974	standard web-browsing software.
975	(c)  Provide for direct entry of compensation-report and
976	expenditure-report information as well as upload of such
977	information from software authorized by the commission.
978	(d)  Provide a method that prevents unauthorized access to
979	electronic filing system functions.
980	(6)  The commission shall provide by rule procedures to
981	implement and administer this section, including, but not
982	limited to:
983	(a)  Alternate filing procedures in case the electronic
984	filing system is not operable.
985	(b)  The issuance of an electronic receipt to the person
986	submitting the report indicating and verifying the date and time
987	that the report was filed.
988	(7)  The commission shall make all the data filed available
989	on the Internet in an easily understood and accessible format.
990	The Internet web site shall also include, but not be limited to,
991	the names and business addresses of lobbyists, lobbying firms,
992	and principals, affiliations between lobbyists and principals.
993	Section 6.  The first compensation and expenditure reports
994	subject to the amended reporting requirements in this act must
995	be filed by August 14, 2006 and encompass the reporting period
996	from January 1, 2006, through June 30, 2006.
997	Section 7.  Except as otherwise provided, this act shall
998	take effect January 1, 2006.
999
1000
1001	================= T I T L E  A M E N D M E N T =================
1002	Remove the entire title and insert:
1003	A bill to be entitled
1004	An act relating to lobbying; amending s. 11.045, F.S.,
1005	relating to the requirements that legislative lobbyists
1006	register and report as required by legislative rule;
1007	defining the terms "compensation" and "lobbying firm";
1008	amending definitions for the terms "lobbying",
1009	"expenditure", and "principal"; requiring each lobbying
1010	firm and principal to maintain certain records and
1011	documents for a specified period; specifying judicial
1012	jurisdiction for enforcing the right to inspect certain
1013	documents and records; modifying the aggregate reporting
1014	categories on lobbying expenditure reporting forms;
1015	requiring each lobbyist to report the general areas of the
1016	principal's legislative interest and specific issues
1017	lobbied; requiring each lobbying firm to file compensation
1018	reports for each reporting period; requiring certain
1019	lobbying firms to report the name and address of the
1020	principal originating lobbying work; providing for
1021	certification of compensation reports; requiring the
1022	Division of Legislative Information Services to aggregate
1023	certain compensation information; removing a provision
1024	relating to timely filed reports; prescribing procedures
1025	for determining late-filing fines for compensation
1026	reports; prescribing fines and penalties for compensation-
1027	reporting violations; providing exceptions; prohibiting
1028	lobbying expenditures, except for certain food and
1029	beverages and novelty items; prohibiting principals from
1030	providing lobbying compensation to any individual or
1031	business entity other than a lobbying firm; providing for
1032	the Legislature to adopt rules to maintain and make
1033	publicly available all advisory opinions and reports
1034	relating to lobbying firms, to conform; providing for the
1035	Legislature to adopt rules authorizing legislative
1036	committees to investigate certain persons and entities
1037	engaged in legislative lobbying; creating s. 11.0455,
1038	F.S.; defining the term "electronic filing system";
1039	providing requirements for lobbyists and lobbying firms
1040	filing reports with the Division of Legislative
1041	Information Services by means of the division's electronic
1042	filing system; providing that such reports are considered
1043	to be certified as accurate and complete; providing
1044	requirements for the electronic filing system; providing
1045	for the Legislature to adopt rules to administer the
1046	electronic filing system; requiring alternate filing
1047	procedures; requiring the issuance of electronic receipts;
1048	requiring that the division provide for public access to
1049	certain data; amending s. 112.3215, F.S., relating to the
1050	requirements that executive branch and Constitution
1051	Revision Commission lobbyists register and report as
1052	required; defining the terms "compensation" and "lobbying
1053	firm"; amending definitions for the terms "expenditure",
1054	"lobbies", and "principal"; modifying the aggregate
1055	reporting categories on lobbying expenditure reporting
1056	forms; requiring each lobbyist to report the general areas
1057	of the principal's lobbying interest and specific issues
1058	lobbied; requiring each lobbying firm to file compensation
1059	reports for each reporting period; requiring certain
1060	lobbying firms to report the name and address of the
1061	principal originating lobbying work; providing for
1062	certification of compensation reports; requiring the
1063	Florida Commission on Ethics to aggregate certain
1064	compensation information; authorizing the commission to
1065	adopt procedural rules for determining late-filing fines
1066	for compensation reports; prescribing fines and penalties
1067	for compensation-reporting violations; providing
1068	exceptions; requiring each lobbying firm and principal to
1069	maintain certain records and documents for a specified
1070	period; specifying judicial jurisdiction for enforcing the
1071	right of inspection; prohibiting lobbying expenditures,
1072	except for certain food and beverages and novelty items;
1073	prohibiting principals from providing lobbying
1074	compensation to any individual or business entity other
1075	than a lobbying firm; providing penalties; providing for
1076	public access to certain records; authorizing the
1077	commission to adopt administration rules and forms
1078	relating to compensation reporting; requiring compensation
1079	and expenditure reports to be filed electronically;
1080	creating s. 112.32155, F.S.; defining the term "electronic
1081	filing system"; providing requirements for lobbyists and
1082	lobbying firms filing reports with the Florida Commission
1083	on Ethics by means of the electronic filing system;
1084	providing that such reports are considered to be certified
1085	as accurate and complete; providing requirements for the
1086	electronic filing system; providing for the commission to
1087	adopt rules to administer the electronic filing system;
1088	requiring alternate filing procedures; requiring the
1089	issuance of electronic receipts; requiring that the
1090	commission provide for public access to certain data;
1091	specifying the initial reporting period that is subject to
1092	the requirements of the act; providing effective dates.
1093
1094	WHEREAS, restoring the public's trust in government is a
1095	top priority of the Florida Legislature, and
1096	WHEREAS, it is a fundamental right for people to redress
1097	their government for grievances, and
1098	WHEREAS, in many cases, lobbyists assist people in the
1099	exercise of this fundamental right, and
1100	WHEREAS, lobbyists can add value to the system by
1101	introducing informed perspectives and alternative points of
1102	view, and
1103	WHEREAS, despite the value added by such lobbyists, the
1104	public's confidence has been shaken by a perceived culture of
1105	improper influence promulgated in Tallahassee and elsewhere in
1106	the State by lobbyists representing powerful special interests,
1107	and
1108	WHEREAS, that public perception is grounded in lobbyist
1109	advocacy that is cloaked in secrecy and conducted out of the
1110	sunshine, and
1111	WHEREAS, Floridians have a right to know what the
1112	Legislature and executive agencies are doing and with whom, so
1113	that they can gauge the influence and the role of special
1114	interests in the development and implementation of public
1115	policy, and
1116	WHEREAS, the Florida Legislature believes that fuller,
1117	fairer, and more open disclosure will help restore the public
1118	trust in government, and
1119	WHEREAS, the Florida Legislature has fashioned a narrowly-
1120	tailored system for furthering the State's compelling
1121	governmental interest in regulating lobbying before the Florida
1122	Legislature and administrative agencies, employing the least
1123	intrusive means available, NOW, THEREFORE,

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