Senate Bill sb2646
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Florida Senate - 2005 SB 2646
By Senator Sebesta
16-1402A-05
1 A bill to be entitled
2 An act relating to legislative lobbying;
3 amending s. 11.045, F.S., relating to the
4 requirements that lobbyists register and report
5 as required by legislative rule; defining the
6 term "compensation"; requiring each registrant
7 who is a designated lobbyist to identify the
8 industry group classification that describes
9 the principal; requiring that each registrant
10 designate the general areas of the principal's
11 legislative interest; requiring the disclosure
12 of all compensation provided or owed to a
13 lobbyist; requiring expenditure reports to
14 include the name and address of each person to
15 whom the expenditure was made and the amount,
16 date, and purpose of the expenditure; requiring
17 that expenditures made as open invitations be
18 so designated; requiring that each lobbyist
19 report the areas of the principal's legislative
20 interest which were lobbied during the
21 reporting period; requiring a report of the
22 amount of time spent on each category;
23 requiring detailed written descriptions of
24 specific issues lobbied; revising the period
25 for filing reporting statements; requiring that
26 a lobbyist and principal preserve certain
27 records for a specified period; providing for
28 inspection of such records by a representative
29 of the Legislature; providing for audits by the
30 Auditor General; providing for enforcement of
31 the right of inspection by writ; authorizing
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1 legislative committees to investigate persons
2 engaged in legislative lobbying; requiring that
3 lobbying-activity reports be electronically
4 filed; creating s. 11.0455, F.S.; defining the
5 term "electronic filing system"; providing
6 requirements for lobbyists filing reports with
7 the Division of Legislative Information
8 Services by means of the division's electronic
9 filing system; providing that such reports are
10 considered to be under oath; providing
11 requirements for the electronic filing system;
12 providing for the Legislature to adopt rules to
13 administer the electronic filing system;
14 requiring alternate filing procedures;
15 requiring the issuance of electronic receipts;
16 requiring that the division provide for public
17 access to the data that is filed via the
18 Internet; amending s. 11.45, F.S.; requiring
19 that the Auditor General conduct random audits
20 of the activity reports filed by lobbyists;
21 granting the Auditor General independent
22 authority to audit the accounts and records of
23 any principal or legislative lobbyist with
24 respect to compliance with the
25 compensation-reporting requirements; requiring
26 that the audit reports be forwarded to the
27 Legislature; specifying the initial reporting
28 period that is subject to the requirements of
29 the act; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
2
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1 Section 1. Subsections (1), (2), (3), and (6) of
2 section 11.045, Florida Statutes, are amended to read:
3 11.045 Lobbyists; registration and reporting;
4 exemptions; penalties.--
5 (1) As used in this section, unless the context
6 otherwise requires:
7 (a) "Committee" means the committee of each house
8 charged by the presiding officer with responsibility for
9 ethical conduct of lobbyists.
10 (b) "Compensation" means a payment, distribution,
11 loan, advance, reimbursement, deposit, salary, fee, retainer,
12 or anything of value provided or owed to a lobbyist for the
13 purpose of lobbying.
14 (c)(b) "Division" means the Division of Legislative
15 Information Services within the Office of Legislative
16 Services.
17 (d)(c) "Expenditure" means a payment, distribution,
18 loan, advance, reimbursement, deposit, or anything of value
19 made by a lobbyist or principal for the purpose of lobbying.
20 (e)(d) "Legislative action" means introduction,
21 sponsorship, testimony, debate, voting, or any other official
22 action on any measure, resolution, amendment, nomination,
23 appointment, or report of, or any matter which may be the
24 subject of action by, either house of the Legislature or any
25 committee thereof.
26 (f)(e) "Lobbying" means influencing or attempting to
27 influence legislative action or nonaction through oral or
28 written communication or an attempt to obtain the goodwill of
29 a member or employee of the Legislature.
30 (g)(f) "Lobbyist" means a person who is employed and
31 receives payment, or who contracts for economic consideration,
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1 for the purpose of lobbying, or a person who is principally
2 employed for governmental affairs by another person or
3 governmental entity to lobby on behalf of that other person or
4 governmental entity.
5 (h)(g) "Principal" means the person, firm,
6 corporation, or other entity which has employed or retained a
7 lobbyist.
8 (2) Each house of the Legislature shall provide by
9 rule, or may provide by a joint rule adopted by both houses,
10 for the registration of lobbyists who lobby the Legislature.
11 The rule may provide for the payment of a registration fee.
12 The rule may provide for exemptions from registration or
13 registration fees. The rule shall provide that:
14 (a) Registration is required for each principal
15 represented.
16 (b) Registration shall include a statement signed by
17 the principal or principal's representative that the
18 registrant is authorized to represent the principal.
19 (c) A registrant shall promptly send a written
20 statement to the division canceling the registration for a
21 principal upon termination of the lobbyist's representation of
22 that principal. Notwithstanding this requirement, the division
23 may remove the name of a registrant from the list of
24 registered lobbyists if the principal notifies the office that
25 a person is no longer authorized to represent that principal.
26 (d) Every registrant shall be required to state the
27 extent of any direct business association or partnership with
28 any current member of the Legislature.
29 (e) Each registrant who is a designated lobbyist
30 pursuant to this section shall identify the industry group
31 classification that most accurately describes the principal.
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1 The industry group classification shall be selected from
2 categories including, but not limited to, the categories of
3 agriculture; banking and finance; communications; education;
4 entertainment and recreation; environment and natural
5 resources; health and health care; insurance; labor; law;
6 lodging and restaurants; manufacturing and industrial
7 (specify:___________); marketing and sales; merchandise and
8 retail; political organizations; professional or trade
9 (specify:____________); public employees; public and community
10 interest; racing and wagering; real estate and construction;
11 security; services (specify:___________); state and local
12 government; technology; transportation; travel and tourism;
13 utilities; or other (specify:____________). Industry, trade,
14 or professional associations shall be indicated by the
15 industry group that most accurately describes their members.
16 (f)1. Each registrant shall designate one or more
17 general areas of the principal's legislative interest. The
18 general areas of legislative interest shall be selected from
19 categories including, but not limited to, the categories of
20 abortion; aeronautics; aging; agriculture; alcoholic beverage
21 regulation; alcoholism and drug abuse; aliens; amusements,
22 games, and sports; animals; arts and humanities; business and
23 commerce; cemeteries; charitable and nonprofit organizations;
24 city government; civil remedies and liabilities; coastal
25 affairs and beaches; common carriers; communications and
26 press; consumer protection; corporations and associations;
27 corrections; county government; courts; crime; criminal
28 procedures; day care; disaster preparedness and relief;
29 economic and industrial development; education; elections;
30 energy; environment; ethics; family issues; fees and other
31 nontax revenue; financial institutions; fire fighters and
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1 police; gambling; handicapped persons; health and health care;
2 highways and roads; historic preservation and museums;
3 hospitals; housing; human services; insurance; labor; law
4 enforcement; lawyers; libraries; malpractice and health care
5 providers; mental health and mental retardation; military and
6 veterans; mines and mineral resources; minors; nursing homes;
7 occupational regulation; oil and gas; open records and open
8 meetings; parks and wildlife; political subdivisions; probate;
9 product liability; property interests; public lands;
10 purchasing; redistricting; religion; retirement systems;
11 safety; special districts and authorities; state agencies,
12 state boards, and commissions; state employees, state
13 officers, and symbols; state finances; taxation; tort reform;
14 tourism; transportation; utilities; vehicles and traffic;
15 water; weapons; women's issues; or other
16 (specify:_______________).
17 2. For each general category of legislative interest
18 designated, the registrant shall provide a detailed written
19 description of one or more specific issues to be lobbied
20 within the general category, if known.
21 (e) Each lobbyist and each principal shall preserve
22 for a period of 4 years all accounts, bills, receipts,
23 computer records, books, papers, and other documents and
24 records necessary to substantiate lobbying expenditures. Any
25 documents and records retained pursuant to this section may be
26 inspected under reasonable circumstances by any authorized
27 representative of the Legislature. The right of inspection may
28 be enforced by appropriate writ issued by any court of
29 competent jurisdiction.
30 (g)(f) All registrations shall be open to the public.
31
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1 (h)(g) Any person who is exempt from registration
2 under the rule shall not be considered a lobbyist for any
3 purpose.
4 (3) Each house of the Legislature shall provide by
5 rule the following reporting requirements:
6 (a) Statements shall be filed by all registered
7 lobbyists four two times per year, which must disclose:
8 1. All lobbying compensation provided or owed to the
9 lobbyist.
10 2. All lobbying expenditures by the lobbyist and the
11 principal and the source of funds for such expenditures.
12
13 All compensation provided or owed to the lobbyist and all
14 expenditures made by the lobbyist and the principal for the
15 purpose of lobbying must be reported. Reporting of
16 expenditures shall be made on an accrual basis. The report of
17 such expenditures must identify whether the expenditure was
18 made directly by the lobbyist, directly by the principal,
19 initiated or expended by the lobbyist and paid for by the
20 principal, or initiated or expended by the principal and paid
21 for by the lobbyist. The principal is responsible for the
22 accuracy of the expenditures reported as lobbying expenditures
23 made by the principal. The lobbyist is responsible for the
24 accuracy of the compensation reported and the expenditures
25 reported as lobbying expenditures made by the lobbyist.
26 Expenditures made must be reported by the category of the
27 expenditure, including, but not limited to, the categories of
28 food and beverages, entertainment, research, communication,
29 media advertising, publications, travel, and lodging. For each
30 expenditure that comprises part of the aggregate total
31 reported in each category, the report must also include the
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1 full name and address of each person to whom the expenditure
2 was made; the amount, date, and purpose of the expenditure;
3 and the name and title of the legislator or other person for
4 whom the expenditure was made, or, if the expenditure was made
5 pursuant to an invitation to all Senators, all
6 Representatives, all legislators, or all legislative staff of
7 either or both houses, the designation "Open Invitation."
8 Lobbying expenditures do not include a lobbyist's or
9 principal's salary, office expenses, and personal expenses for
10 lodging, meals, and travel.
11 (b) If a principal is represented by two or more
12 lobbyists, the first lobbyist who registers to represent that
13 principal shall be the designated lobbyist. The designated
14 lobbyist's activity expenditure report shall include all
15 lobbying expenditures made directly by the principal and those
16 expenditures of the designated lobbyist on behalf of that
17 principal as required by paragraph (a). All other lobbyists
18 registered to represent that principal shall file a report
19 pursuant to paragraph (a). The report of lobbying
20 expenditures by the principal shall be made pursuant to the
21 requirements of paragraph (a). The principal is responsible
22 for the accuracy of figures reported by the designated
23 lobbyist as lobbying expenditures made directly by the
24 principal. The designated lobbyist is responsible for the
25 accuracy of the figures reported as lobbying expenditures made
26 by that lobbyist and for compensation reported by that
27 lobbyist. Each lobbyist shall file an activity expenditure
28 report for each period during any portion of which he or she
29 was registered, and each principal shall ensure that an
30 activity expenditure report is filed for each period during
31
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1 any portion of which the principal was represented by a
2 registered lobbyist.
3 (c)1. Each lobbyist, including a designated lobbyist,
4 shall identify on the activity report one or more general
5 areas of the principal's legislative interest which were
6 lobbied during the reporting period. The general areas of
7 legislative interest shall be selected from categories
8 including, but not limited to, the categories of abortion;
9 aeronautics; aging; agriculture; alcoholic beverage
10 regulation; alcoholism and drug abuse; aliens; amusements,
11 games, and sports; animals; arts and humanities; business and
12 commerce; cemeteries; charitable and nonprofit organizations;
13 city government; civil remedies and liabilities; coastal
14 affairs and beaches; common carriers; communications and
15 press; consumer protection; corporations and associations;
16 corrections; county government; courts; crime; criminal
17 procedures; day care; disaster preparedness and relief;
18 economic and industrial development; education; elections;
19 energy; environment; ethics; family issues; fees and other
20 nontax revenue; financial institutions; fire fighters and
21 police; gambling; handicapped persons; health and health care;
22 highways and roads; historic preservation and museums;
23 hospitals; housing; human services; insurance; labor; law
24 enforcement; lawyers; libraries; malpractice and health care
25 providers; mental health and mental retardation; military and
26 veterans; mines and mineral resources; minors; nursing homes;
27 occupational regulation; oil and gas; open records and open
28 meetings; parks and wildlife; political subdivisions; probate;
29 product liability; property interests; public lands;
30 purchasing; redistricting; religion; retirement systems;
31 safety; special districts and authorities; state agencies,
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1 state boards, and commissions; state employees, state
2 officers, and symbols; state finances; taxation; tort reform;
3 tourism; transportation; utilities; vehicles and traffic;
4 water; weapons; women's issues; or other
5 (specify:_______________).
6 2. For each general category of legislative interest
7 designated, the lobbyist shall make a good-faith effort to
8 estimate the percentage of lobbying time spent on the
9 category. The sum of time spent lobbying all designated
10 categories must equal 100 percent.
11 3. For each general category of legislative interest
12 designated, the lobbyist shall provide a detailed written
13 description of one or more specific issues lobbied within the
14 general category.
15 (d)(c) For each reporting period the division shall
16 aggregate the compensation and expenditures reported by all of
17 the lobbyists for a principal represented by more than one
18 lobbyist. Further, the division shall aggregate figures that
19 provide a cumulative total of compensation reported and
20 expenditures reported as spent by and on behalf of each
21 principal for the calendar year.
22 (e)(d) The reporting statements shall be filed no
23 later than 45 days after the end of the reporting period. The
24 first report shall include the compensation and expenditures
25 for the period from January 1 through March 31 June 30. The
26 second report shall include the compensation and disclose
27 expenditures for the period from April 1 through June 30. The
28 third report shall include the compensation and expenditures
29 for the period from July 1 through September 30. The fourth
30 report shall include the compensation and expenditures from
31 October 1 July 1 through December 31. The statements shall be
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1 rendered in the identical form provided by the respective
2 houses and shall be open to public inspection. Reporting
3 statements may be filed by electronic means, when feasible.
4 (f)(e) Reports shall be filed not later than 5 p.m. of
5 the report due date. However, any report that is postmarked
6 by the United States Postal Service no later than midnight of
7 the due date shall be deemed to have been filed in a timely
8 manner, and a certificate of mailing obtained from and dated
9 by the United States Postal Service at the time of the
10 mailing, or a receipt from an established courier company
11 which bears a date on or before the due date, shall be proof
12 of mailing in a timely manner.
13 (g)(f) Each house of the Legislature shall provide by
14 rule, or both houses may provide by joint rule, a procedure by
15 which a lobbyist who fails to timely file a report shall be
16 notified and assessed fines. The rule shall provide for the
17 following:
18 1. Upon determining that the report is late, the
19 person designated to review the timeliness of reports shall
20 immediately notify the lobbyist as to the failure to timely
21 file the report and that a fine is being assessed for each
22 late day. The fine shall be $50 per day per report for each
23 late day, not to exceed $5,000 per report.
24 2. Upon receipt of the report, the person designated
25 to review the timeliness of reports shall determine the amount
26 of the fine due based upon the earliest of the following:
27 a. When a report is actually received by the lobbyist
28 registration and reporting office.
29 b. When the report is postmarked.
30 c. When the certificate of mailing is dated.
31
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1 d. When the receipt from an established courier
2 company is dated.
3 3. Such fine shall be paid within 30 days after the
4 notice of payment due is transmitted by the Lobbyist
5 Registration Office, unless appeal is made to the division.
6 The moneys shall be deposited into the Legislative Lobbyist
7 Registration Trust Fund.
8 4. A fine shall not be assessed against a lobbyist the
9 first time any reports for which the lobbyist is responsible
10 are not timely filed. However, to receive the one-time fine
11 waiver, all reports for which the lobbyist is responsible must
12 be filed within 30 days after notice that any reports have not
13 been timely filed is transmitted by the Lobbyist Registration
14 Office. A fine shall be assessed for any subsequent late-filed
15 reports.
16 5. Any lobbyist may appeal or dispute a fine, based
17 upon unusual circumstances surrounding the failure to file on
18 the designated due date, and may request and shall be entitled
19 to a hearing before the General Counsel of the Office of
20 Legislative Services, who shall recommend to the President of
21 the Senate and the Speaker of the House of Representatives, or
22 their respective designees, that the fine be waived in whole
23 or in part for good cause shown. The President of the Senate
24 and the Speaker of the House of Representatives, or their
25 respective designees, may concur in the recommendation and
26 waive the fine in whole or in part. Any such request shall be
27 made within 30 days after the notice of payment due is
28 transmitted by the Lobbyist Registration Office. In such
29 case, the lobbyist shall, within the 30-day period, notify the
30 person designated to review the timeliness of reports in
31 writing of his or her intention to request a hearing.
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1 6. A lobbyist, a lobbyist's legal representative, or
2 the principal of a lobbyist may request that the filing of an
3 activity expenditure report be waived upon good cause shown,
4 based on unusual circumstances. The request must be filed with
5 the General Counsel of the Office of Legislative Services, who
6 shall make a recommendation concerning the waiver request to
7 the President of the Senate and the Speaker of the House of
8 Representatives. The President of the Senate and the Speaker
9 of the House of Representatives may grant or deny the request.
10 The registration of a lobbyist who fails to timely pay a fine
11 is automatically suspended until the fine is paid or waived.
12 7. The person designated to review the timeliness of
13 reports shall notify the director of the division of the
14 failure of a lobbyist to file a report after notice or of the
15 failure of a lobbyist to pay the fine imposed.
16 (h) Each lobbyist and each principal shall preserve
17 for a period of 4 years all accounts, bills, receipts,
18 computer records, books, papers, e-mails, ledgers, federal tax
19 information, and other documents and records necessary to
20 substantiate lobbying compensation and expenditures.
21 1. Any expenditure-related documents and records
22 retained pursuant to this section may be inspected under
23 reasonable circumstances by any authorized representative of
24 the Legislature. The right of inspection may be enforced by
25 appropriate writ issued by any court of competent
26 jurisdiction.
27 2. Any compensation-related documents and records
28 retained pursuant to this section may be audited by the
29 Auditor General pursuant to s. 11.45 and may be enforced by
30 appropriate writ issued by any court of competent
31 jurisdiction.
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1 (6) The committee of either house shall investigate
2 any person engaged in legislative lobbying upon receipt of a
3 sworn complaint alleging a violation of this section, s.
4 112.3148, or s. 112.3149 by such person; also, the committee
5 of either house shall investigate any person engaged in
6 legislative lobbying upon receipt of compensation-reporting
7 audit information indicating a possible violation other than a
8 late-filed report. Such proceedings shall be conducted
9 pursuant to the rules of the respective houses. If the
10 committee finds that there has been a violation of this
11 section, s. 112.3148, or s. 112.3149, it shall report its
12 findings to the President of the Senate or the Speaker of the
13 House of Representatives, as appropriate, together with a
14 recommended penalty, to include a fine of not more than
15 $5,000, reprimand, censure, probation, or prohibition from
16 lobbying for a period of time not to exceed 24 months. Upon
17 the receipt of such report, the President of the Senate or the
18 Speaker of the House of Representatives shall cause the
19 committee report and recommendations to be brought before the
20 respective house and a final determination shall be made by a
21 majority of said house.
22 Section 2. Effective April 1, 2006, subsection (3) of
23 section 11.045, as amended by this act, is amended to read:
24 11.045 Lobbyists; registration and reporting;
25 exemptions; penalties.--
26 (3) Each house of the Legislature shall provide by
27 rule the following reporting requirements:
28 (a) Statements shall be filed by all registered
29 lobbyists four times per year, which must disclose:
30 1. All lobbying compensation provided or owed to the
31 lobbyist.
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1 2. All lobbying expenditures by the lobbyist and the
2 principal and the source of funds for such expenditures.
3
4 All compensation provided or owed to the lobbyist and all
5 expenditures made by the lobbyist and the principal for the
6 purpose of lobbying must be reported. Reporting of
7 expenditures shall be made on an accrual basis. The report of
8 such expenditures must identify whether the expenditure was
9 made directly by the lobbyist, directly by the principal,
10 initiated or expended by the lobbyist and paid for by the
11 principal, or initiated or expended by the principal and paid
12 for by the lobbyist. The principal is responsible for the
13 accuracy of the expenditures reported as lobbying expenditures
14 made by the principal. The lobbyist is responsible for the
15 accuracy of the compensation reported and the expenditures
16 reported as lobbying expenditures made by the lobbyist.
17 Expenditures made must be reported by the category of the
18 expenditure, including, but not limited to, the categories of
19 food and beverages, entertainment, research, communication,
20 media advertising, publications, travel, and lodging. For each
21 expenditure that comprises part of the aggregate total
22 reported in each category, the report must also include the
23 full name and address of each person to whom the expenditure
24 was made; the amount, date, and purpose of the expenditure;
25 and the name and title of the person for whom the expenditure
26 was made, or, if the expenditure was made pursuant to an
27 invitation to all Senators, all Representatives, all
28 legislators, or all legislative staff of either or both
29 houses, the designation "Open Invitation." Lobbying
30 expenditures do not include a lobbyist's or principal's
31
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1 salary, office expenses, and personal expenses for lodging,
2 meals, and travel.
3 (b) If a principal is represented by two or more
4 lobbyists, the first lobbyist who registers to represent that
5 principal shall be the designated lobbyist. The designated
6 lobbyist's activity report shall include all lobbying
7 expenditures made directly by the principal and those
8 expenditures of the designated lobbyist on behalf of that
9 principal as required by paragraph (a). All other lobbyists
10 registered to represent that principal shall file a report
11 pursuant to paragraph (a). The report of lobbying
12 expenditures by the principal shall be made pursuant to the
13 requirements of paragraph (a). The principal is responsible
14 for the accuracy of figures reported by the designated
15 lobbyist as lobbying expenditures made directly by the
16 principal. The designated lobbyist is responsible for the
17 accuracy of the figures reported as lobbying expenditures made
18 by that lobbyist and for compensation reported by that
19 lobbyist. Each lobbyist shall file an activity report for each
20 period during any portion of which he or she was registered,
21 and each principal shall ensure that an activity report is
22 filed for each period during any portion of which the
23 principal was represented by a registered lobbyist.
24 (c)1. Each lobbyist, including a designated lobbyist,
25 shall identify on the activity report one or more general
26 areas of the principal's legislative interest which were
27 lobbied during the reporting period. The general areas of
28 legislative interest shall be selected from categories
29 including, but not limited to, the categories of abortion;
30 aeronautics; aging; agriculture; alcoholic beverage
31 regulation; alcoholism and drug abuse; aliens; amusements,
16
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1 games, and sports; animals; arts and humanities; business and
2 commerce; cemeteries; charitable and nonprofit organizations;
3 city government; civil remedies and liabilities; coastal
4 affairs and beaches; common carriers; communications and
5 press; consumer protection; corporations and associations;
6 corrections; county government; courts; crime; criminal
7 procedures; day care; disaster preparedness and relief;
8 economic and industrial development; education; elections;
9 energy; environment; ethics; family issues; fees and other
10 nontax revenue; financial institutions; fire fighters and
11 police; gambling; handicapped persons; health and health care;
12 highways and roads; historic preservation and museums;
13 hospitals; housing; human services; insurance; labor; law
14 enforcement; lawyers; libraries; malpractice and health care
15 providers; mental health and mental retardation; military and
16 veterans; mines and mineral resources; minors; nursing homes;
17 occupational regulation; oil and gas; open records and open
18 meetings; parks and wildlife; political subdivisions; probate;
19 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 legislative interest
28 designated, the lobbyist shall make a good-faith effort to
29 estimate the percentage of lobbying time spent on the
30 category. The sum of time spent lobbying all designated
31 categories must equal 100 percent.
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1 3. For each general category of legislative interest
2 designated, the lobbyist shall provide a detailed written
3 description of one or more specific issues lobbied within the
4 general category.
5 (d) For each reporting period the division shall
6 aggregate the compensation and expenditures reported by all of
7 the lobbyists for a principal represented by more than one
8 lobbyist. Further, the division shall aggregate figures that
9 provide a cumulative total of compensation reported and
10 expenditures reported as spent by and on behalf of each
11 principal for the calendar year.
12 (e) The reporting statements shall be filed no later
13 than 45 days after the end of the reporting period. The first
14 report shall include the compensation and expenditures for the
15 period from January 1 through March 31. The second report
16 shall include the compensation and expenditures for the period
17 from April 1 through June 30. The third report shall include
18 the compensation and expenditures for the period from July 1
19 through September 30. The fourth report shall include the
20 compensation and expenditures from October 1 through December
21 31. The statements shall be rendered in the identical form
22 provided by the respective houses and shall be open to public
23 inspection. Reporting statements must may be filed by
24 electronic means as provided in s. 11.0455, when feasible.
25 (f) Reports shall be filed not later than 5 p.m. of
26 the report due date. However, any report that is postmarked
27 by the United States Postal Service no later than midnight of
28 the due date shall be deemed to have been filed in a timely
29 manner, and a certificate of mailing obtained from and dated
30 by the United States Postal Service at the time of the
31 mailing, or a receipt from an established courier company
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1 which bears a date on or before the due date, shall be proof
2 of mailing in a timely manner.
3 (f)(g) Each house of the Legislature shall provide by
4 rule, or both houses may provide by joint rule, a procedure by
5 which a lobbyist who fails to timely file a report shall be
6 notified and assessed fines. The rule shall provide for the
7 following:
8 1. Upon determining that the report is late, the
9 person designated to review the timeliness of reports shall
10 immediately notify the lobbyist as to the failure to timely
11 file the report and that a fine is being assessed for each
12 late day. The fine shall be $50 per day per report for each
13 late day, not to exceed $5,000 per report.
14 2. Upon receipt of the report, the person designated
15 to review the timeliness of reports shall determine the amount
16 of the fine due based upon the earliest of the following:
17 a. When a report is actually received by the lobbyist
18 registration and reporting office.
19 b. When the electronic receipt issued pursuant to s.
20 11.0455 is dated. When the report is postmarked.
21 c. When the certificate of mailing is dated.
22 d. When the receipt from an established courier
23 company is dated.
24 3. Such fine shall be paid within 30 days after the
25 notice of payment due is transmitted by the Lobbyist
26 Registration Office, unless appeal is made to the division.
27 The moneys shall be deposited into the Legislative Lobbyist
28 Registration Trust Fund.
29 4. A fine shall not be assessed against a lobbyist the
30 first time any reports for which the lobbyist is responsible
31 are not timely filed. However, to receive the one-time fine
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1 waiver, all reports for which the lobbyist is responsible must
2 be filed within 30 days after notice that any reports have not
3 been timely filed is transmitted by the Lobbyist Registration
4 Office. A fine shall be assessed for any subsequent late-filed
5 reports.
6 5. Any lobbyist may appeal or dispute a fine, based
7 upon unusual circumstances surrounding the failure to file on
8 the designated due date, and may request and shall be entitled
9 to a hearing before the General Counsel of the Office of
10 Legislative Services, who shall recommend to the President of
11 the Senate and the Speaker of the House of Representatives, or
12 their respective designees, that the fine be waived in whole
13 or in part for good cause shown. The President of the Senate
14 and the Speaker of the House of Representatives, or their
15 respective designees, may concur in the recommendation and
16 waive the fine in whole or in part. Any such request shall be
17 made within 30 days after the notice of payment due is
18 transmitted by the Lobbyist Registration Office. In such
19 case, the lobbyist shall, within the 30-day period, notify the
20 person designated to review the timeliness of reports in
21 writing of his or her intention to request a hearing.
22 6. A lobbyist, a lobbyist's legal representative, or
23 the principal of a lobbyist may request that the filing of an
24 activity report be waived upon good cause shown, based on
25 unusual circumstances. The request must be filed with the
26 General Counsel of the Office of Legislative Services, who
27 shall make a recommendation concerning the waiver request to
28 the President of the Senate and the Speaker of the House of
29 Representatives. The President of the Senate and the Speaker
30 of the House of Representatives may grant or deny the request.
31
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1 The registration of a lobbyist who fails to timely pay a fine
2 is automatically suspended until the fine is paid or waived.
3 7. The person designated to review the timeliness of
4 reports shall notify the director of the division of the
5 failure of a lobbyist to file a report after notice or of the
6 failure of a lobbyist to pay the fine imposed.
7 (g)(h) Each lobbyist and each principal shall preserve
8 for a period of 4 years all accounts, bills, receipts,
9 computer records, books, papers, and other documents and
10 records necessary to substantiate lobbying compensation and
11 expenditures.
12 1. Any expenditure-related documents and records
13 retained pursuant to this section may be inspected under
14 reasonable circumstances by any authorized representative of
15 the Legislature. The right of inspection may be enforced by
16 appropriate writ issued by any court of competent
17 jurisdiction.
18 2. Any compensation-related documents and records
19 retained pursuant to this section may be inspected under
20 reasonable circumstances by the Auditor General pursuant to s.
21 11.45. The right of inspection may be enforced by appropriate
22 writ issued by any court of competent jurisdiction.
23 Section 3. Effective April 1, 2006, section 11.0455,
24 Florida Statutes, is created to read:
25 11.0455 Electronic filing of lobbying-activity
26 reports.--
27 (1) As used in this section, the term "electronic
28 filing system" means an Internet system for recording and
29 reporting lobbying compensation, expenditures, and other
30 activity-report information by reporting period.
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1 (2) Each lobbyist who is required to file reports with
2 the Division of Legislative Information Services pursuant to
3 s. 11.045 must file such reports with the division by means of
4 the division's electronic filing system.
5 (3) A report filed pursuant to this section must be
6 completed and filed through the electronic filing system not
7 later than 11:59 p.m. of the day designated in s. 11.045. A
8 report not filed by 11:59 p.m. of the day designated is a
9 late-filed report and is subject to the penalties under s.
10 11.045(3).
11 (4) Each report filed pursuant to this section is
12 considered to be under oath by the lobbyist, or the designated
13 lobbyist and principal, whichever is applicable, and such
14 persons are subject to the provisions of s. 11.045(6) and (7).
15 Persons given a secure sign-on to the electronic filing system
16 are responsible for protecting it from disclosure and are
17 responsible for all filings using such credentials, unless
18 they have notified the division that their credentials have
19 been compromised.
20 (5) The electronic filing system developed by the
21 division must:
22 (a) Be based on access by means of the Internet.
23 (b) Be accessible by anyone with Internet access using
24 standard web-browsing software.
25 (c) Provide for direct entry of activity-report
26 information as well as upload of such information from
27 software authorized by the division.
28 (d) Provide a method that prevents unauthorized access
29 to electronic filing system functions.
30 (6) Each house of the Legislature shall provide by
31 rule, or may provide by a joint rule adopted by both houses,
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1 procedures to administer this section, including, but not
2 limited to:
3 (a) Alternate filing procedures in case the division's
4 electronic filing system is not operable.
5 (b) The issuance of an electronic receipt to the
6 person submitting the report indicating and verifying the date
7 and time that the report was filed.
8 (7) The division shall make all the data filed
9 available on the Internet in an easily understood and
10 accessible format. In addition, the division shall include
11 each principal's current industry group classification
12 pursuant to s. 11.045(2).
13 Section 4. Effective May 15, 2006, subsections (2) and
14 (3) of section 11.45, Florida Statutes, are amended to read:
15 11.45 Definitions; duties; authorities; reports;
16 rules.--
17 (2) DUTIES.--The Auditor General shall:
18 (a) Conduct audits of records and perform related
19 duties as prescribed by law, concurrent resolution of the
20 Legislature, or as directed by the Legislative Auditing
21 Committee.
22 (b) Annually conduct a financial audit of state
23 government.
24 (c) Annually conduct financial audits of all
25 universities and district boards of trustees of community
26 colleges.
27 (d) Annually conduct financial audits of the accounts
28 and records of all district school boards in counties with
29 populations of fewer than 150,000, according to the most
30 recent federal decennial statewide census.
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1 (e) Annually conduct an audit of the Wireless
2 Emergency Telephone System Fund as described in s. 365.173.
3 (f) Annually conduct audits of the accounts and
4 records of the Florida School for the Deaf and the Blind.
5 (g) At least every 2 years, conduct operational audits
6 of the accounts and records of state agencies and
7 universities. In connection with these audits, the Auditor
8 General shall give appropriate consideration to reports issued
9 by state agencies' inspectors general or universities'
10 inspectors general and the resolution of findings therein.
11 (h) At least every 2 years, conduct a performance
12 audit of the local government financial reporting system,
13 which, for the purpose of this chapter, means any statutory
14 provisions related to local government financial reporting.
15 The purpose of such an audit is to determine the accuracy,
16 efficiency, and effectiveness of the reporting system in
17 achieving its goals and to make recommendations to the local
18 governments, the Governor, and the Legislature as to how the
19 reporting system can be improved and how program costs can be
20 reduced. The Auditor General shall determine the scope of such
21 audits. The local government financial reporting system should
22 provide for the timely, accurate, uniform, and cost-effective
23 accumulation of financial and other information that can be
24 used by the members of the Legislature and other appropriate
25 officials to accomplish the following goals:
26 1. Enhance citizen participation in local government;
27 2. Improve the financial condition of local
28 governments;
29 3. Provide essential government services in an
30 efficient and effective manner; and
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1 4. Improve decisionmaking on the part of the
2 Legislature, state agencies, and local government officials on
3 matters relating to local government.
4 (i) Once every 3 years, conduct performance audits of
5 the Department of Revenue's administration of the ad valorem
6 tax laws as described in s. 195.096.
7 (j) Once every 3 years, conduct financial audits of
8 the accounts and records of all district school boards in
9 counties with populations of 125,000 or more, according to the
10 most recent federal decennial statewide census.
11 (k) Once every 3 years, review a sample of each state
12 agency's internal audit reports to determine compliance with
13 current Standards for the Professional Practice of Internal
14 Auditing or, if appropriate, government auditing standards.
15 (l) Conduct audits of local governmental entities when
16 determined to be necessary by the Auditor General, when
17 directed by the Legislative Auditing Committee, or when
18 otherwise required by law. No later than 18 months after the
19 release of the audit report, the Auditor General shall perform
20 such appropriate followup procedures as he or she deems
21 necessary to determine the audited entity's progress in
22 addressing the findings and recommendations contained within
23 the Auditor General's previous report. The Auditor General
24 shall provide a copy of his or her determination to each
25 member of the audited entity's governing body and to the
26 Legislative Auditing Committee.
27 (m) Conduct random audits of 1 percent of the activity
28 reports filed pursuant to s. 11.045 or s. 11.0455. The audit
29 shall be limited to determining compliance with the lobbying
30 compensation reporting requirements of s. 11.045, except that
31 the audit scope may not include the timeliness of the filing.
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1 The Auditor General shall forward all final audit reports to
2 the legislative committee designated in s. 11.045.
3
4 The Auditor General shall perform his or her duties
5 independently but under the general policies established by
6 the Legislative Auditing Committee. This subsection does not
7 limit the Auditor General's discretionary authority to conduct
8 other audits or engagements of governmental entities as
9 authorized in subsection (3).
10 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The
11 Auditor General may, pursuant to his or her own authority, or
12 at the direction of the Legislative Auditing Committee,
13 conduct audits or other engagements as determined appropriate
14 by the Auditor General of:
15 (a) The accounts and records of any governmental
16 entity created or established by law.
17 (b) The information technology programs, activities,
18 functions, or systems of any governmental entity created or
19 established by law.
20 (c) The accounts and records of any charter school
21 created or established by law.
22 (d) The accounts and records of any direct-support
23 organization or citizen support organization created or
24 established by law. The Auditor General is authorized to
25 require and receive any records from the direct-support
26 organization or citizen support organization, or from its
27 independent auditor.
28 (e) The public records associated with any
29 appropriation made by the Legislature to a nongovernmental
30 agency, corporation, or person. All records of a
31 nongovernmental agency, corporation, or person with respect to
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1 the receipt and expenditure of such an appropriation shall be
2 public records and shall be treated in the same manner as
3 other public records are under general law.
4 (f) State financial assistance provided to any
5 nonstate entity as defined by s. 215.97.
6 (g) The Tobacco Settlement Financing Corporation
7 created pursuant to s. 215.56005.
8 (h) Any purchases of federal surplus lands for use as
9 sites for correctional facilities as described in s. 253.037.
10 (i) Enterprise Florida, Inc., including any of its
11 boards, advisory committees, or similar groups created by
12 Enterprise Florida, Inc., and programs. The audit report may
13 not reveal the identity of any person who has anonymously made
14 a donation to Enterprise Florida, Inc., pursuant to this
15 paragraph. The identity of a donor or prospective donor to
16 Enterprise Florida, Inc., who desires to remain anonymous and
17 all information identifying such donor or prospective donor
18 are confidential and exempt from the provisions of s.
19 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
20 anonymity shall be maintained in the auditor's report.
21 (j) The Florida Development Finance Corporation or the
22 capital development board or the programs or entities created
23 by the board. The audit or report may not reveal the identity
24 of any person who has anonymously made a donation to the board
25 pursuant to this paragraph. The identity of a donor or
26 prospective donor to the board who desires to remain anonymous
27 and all information identifying such donor or prospective
28 donor are confidential and exempt from the provisions of s.
29 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
30 anonymity shall be maintained in the auditor's report.
31
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1 (k) The records pertaining to the use of funds from
2 voluntary contributions on a motor vehicle registration
3 application or on a driver's license application authorized
4 pursuant to ss. 320.023 and 322.081.
5 (l) The records pertaining to the use of funds from
6 the sale of specialty license plates described in chapter 320.
7 (m) The transportation corporations under contract
8 with the Department of Transportation that are acting on
9 behalf of the state to secure and obtain rights-of-way for
10 urgently needed transportation systems and to assist in the
11 planning and design of such systems pursuant to ss.
12 339.401-339.421.
13 (n) The acquisitions and divestitures related to the
14 Florida Communities Trust Program created pursuant to chapter
15 380.
16 (o) The Florida Water Pollution Control Financing
17 Corporation created pursuant to s. 403.1837.
18 (p) The Florida Partnership for School Readiness
19 created pursuant to s. 411.01.
20 (q) The Florida Special Disability Trust Fund
21 Financing Corporation created pursuant to s. 440.49.
22 (r) Workforce Florida, Inc., or the programs or
23 entities created by Workforce Florida, Inc., created pursuant
24 to s. 445.004.
25 (s) The corporation defined in s. 455.32 that is under
26 contract with the Department of Business and Professional
27 Regulation to provide administrative, investigative,
28 examination, licensing, and prosecutorial support services in
29 accordance with the provisions of s. 455.32 and the practice
30 act of the relevant profession.
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1 (t) The Florida Engineers Management Corporation
2 created pursuant to chapter 471.
3 (u) The Investment Fraud Restoration Financing
4 Corporation created pursuant to chapter 517.
5 (v) The books and records of any permitholder that
6 conducts race meetings or jai alai exhibitions under chapter
7 550.
8 (w) The corporation defined in part II of chapter 946,
9 known as the Prison Rehabilitative Industries and Diversified
10 Enterprises, Inc., or PRIDE Enterprises.
11 (x) The Florida Virtual School pursuant to s. 1002.37.
12 (y) The accounts and records of any principal or
13 legislative lobbyist relating to compliance with the
14 compensation-reporting provisions of s. 11.045, except that
15 the audit scope may not include the timeliness of the filing.
16 The Auditor General shall forward all final audit reports to
17 the legislative committee designated in s. 11.045.
18 Section 5. The first activity reports subject to the
19 amended reporting requirements in this act must be filed by
20 May 15, 2006, and encompass the reporting period from January
21 1, 2006, through March 31, 2006.
22 Section 6. This act shall take effect January 1, 2006.
23
24 *****************************************
25 SENATE SUMMARY
26 Revises the reporting requirements for lobbyists to
require the identification of the areas of interest
27 represented and the amount of time spent lobbying those
areas of interest. Requires that expenditures be
28 reported, including the name of the person who received
the expenditure and the amount, date, and purpose of the
29 expenditure. Requires the Auditor General to conduct
audits and report to the Legislature. Provides for an
30 electronic filing system within the Division of
Legislative Information for purposes of filing reports of
31 lobbying activity. (See bill for details.)
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