Senate Bill sb2646c1

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    Florida Senate - 2005                           CS for SB 2646

    By the Committee on Ways and Means; and Senator Sebesta





    576-1873-05

  1                      A bill to be entitled

  2         An act relating to lobbying; amending s.

  3         11.045, F.S., relating to the requirements that

  4         legislative lobbyists register and report as

  5         required by legislative rule; defining the term

  6         "compensation"; requiring each registrant who

  7         is a designated lobbyist to identify the

  8         industry group classification that describes

  9         the principal; requiring that each registrant

10         designate the general and specific areas of the

11         principal's legislative interest; requiring the

12         disclosure of all compensation provided or owed

13         to a legislative lobbyist; requiring lobbying

14         activity reports to include the name and

15         address of each person to whom a lobbying

16         expenditure was made, the amount, date, and

17         purpose of the expenditure, and the name and

18         title of the person for whom the expenditure

19         was made; requiring that expenditures made as

20         open invitations be so designated; requiring

21         that each legislative lobbyist report the areas

22         of the principal's legislative interest which

23         were lobbied during the reporting period;

24         requiring a report of the amount of time spent

25         on each category; requiring detailed written

26         descriptions of specific issues lobbied;

27         requiring the Division of Legislative

28         Information Services to aggregate certain

29         compensation and expenditure information;

30         revising the period for filing reporting

31         statements; requiring that a lobbyist and

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 1         principal preserve certain records for a

 2         specified period; providing for inspection of

 3         such records by a representative of the

 4         Legislature; providing for audits by the

 5         Auditor General; providing for enforcement of

 6         the right of inspection by writ; authorizing

 7         legislative committees to investigate persons

 8         engaged in legislative or executive lobbying;

 9         requiring that lobbying-activity reports be

10         electronically filed; creating s. 11.0455,

11         F.S.; defining the term "electronic filing

12         system"; providing requirements for lobbyists

13         filing reports with the Division of Legislative

14         Information Services by means of the division's

15         electronic filing system; providing that such

16         reports are considered to be under oath;

17         providing requirements for the electronic

18         filing system; providing for the Legislature to

19         adopt rules to administer the electronic filing

20         system; requiring alternate filing procedures;

21         requiring the issuance of electronic receipts;

22         requiring that the division provide for public

23         access to the data that is filed via the

24         Internet; amending s. 11.45, F.S.; requiring

25         that the Auditor General conduct random audits

26         of the activity reports filed by legislative

27         and executive lobbyists; granting the Auditor

28         General independent authority to audit the

29         accounts and records of any principal or

30         lobbyist with respect to compliance with the

31         compensation-reporting requirements; requiring

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 1         that the audit reports be forwarded to the

 2         Legislature; amending s. 112.3215, F.S.,

 3         relating to the requirements that executive

 4         branch and Constitution Revision Commission

 5         lobbyists register and report; defining the

 6         term "compensation"; requiring each lobbyist

 7         who is a designated lobbyist to identify the

 8         industry group classification that describes

 9         the principal; requiring that each lobbyist

10         designate the general and specific areas of the

11         principal's legislative interest; requiring the

12         disclosure of all compensation provided or owed

13         to a lobbyist; requiring lobbying activity

14         reports to include the name and address of each

15         person to whom a lobbying expenditure was made,

16         the amount, date, and purpose of the

17         expenditure and the name, title, and agency of

18         the person for whom the expenditure was made;

19         requiring that each lobbyist report the areas

20         of the principal's lobbying interest which were

21         lobbied during the reporting period; requiring

22         a report of the amount of time spent on each

23         category; requiring detailed written

24         descriptions of specific issues lobbied;

25         requiring the Commission on Ethics to aggregate

26         certain compensation and expenditure

27         information; revising the period for filing

28         reporting statements; requiring that a lobbyist

29         and principal preserve certain records for a

30         specified period; providing for inspection of

31         such records by a representative of the

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 1         commission; providing for audits by the Auditor

 2         General; providing for enforcement of the right

 3         of inspection by writ; requiring that

 4         lobbying-activity reports be electronically

 5         filed; creating s. 112.32155, F.S.; defining

 6         the term "electronic filing system"; providing

 7         requirements for lobbyists filing reports with

 8         the Florida Commission on Ethics by means of

 9         the electronic filing system; providing that

10         such reports are considered to be under oath;

11         providing requirements for the electronic

12         filing system; providing for the commission to

13         adopt rules to administer the electronic filing

14         system; requiring alternate filing procedures;

15         requiring the issuance of electronic receipts;

16         requiring that the commission provide for

17         public access to the data that is filed via the

18         Internet; specifying the initial reporting

19         period that is subject to the requirements of

20         the act; providing effective dates.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Subsections (1), (2), (3), and (6) of

25  section 11.045, Florida Statutes, are amended to read:

26         11.045  Lobbyists; registration and reporting;

27  exemptions; penalties.--

28         (1)  As used in this section, unless the context

29  otherwise requires:

30  

31  

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 1         (a)  "Committee" means the committee of each house

 2  charged by the presiding officer with responsibility for

 3  ethical conduct of lobbyists.

 4         (b)  "Compensation" means a payment, distribution,

 5  loan, advance, reimbursement, deposit, salary, fee, retainer,

 6  or anything of value provided or owed to a lobbyist for the

 7  purpose of lobbying.

 8         (c)(b)  "Division" means the Division of Legislative

 9  Information Services within the Office of Legislative

10  Services.

11         (d)(c)  "Expenditure" means a payment, distribution,

12  loan, advance, reimbursement, deposit, or anything of value

13  made by a lobbyist or principal for the purpose of lobbying.

14         (e)(d)  "Legislative action" means introduction,

15  sponsorship, testimony, debate, voting, or any other official

16  action on any measure, resolution, amendment, nomination,

17  appointment, or report of, or any matter which may be the

18  subject of action by, either house of the Legislature or any

19  committee thereof.

20         (f)(e)  "Lobbying" means influencing or attempting to

21  influence legislative action or nonaction through oral or

22  written communication or an attempt to obtain the goodwill of

23  a member or employee of the Legislature.

24         (g)(f)  "Lobbyist" means a person who is employed and

25  receives payment, or who contracts for economic consideration,

26  for the purpose of lobbying, or a person who is principally

27  employed for governmental affairs by another person or

28  governmental entity to lobby on behalf of that other person or

29  governmental entity.

30  

31  

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 1         (h)(g)  "Principal" means the person, firm,

 2  corporation, or other entity which has employed or retained a

 3  lobbyist.

 4         (2)  Each house of the Legislature shall provide by

 5  rule, or may provide by a joint rule adopted by both houses,

 6  for the registration of lobbyists who lobby the Legislature.

 7  The rule may provide for the payment of a registration fee.

 8  The rule may provide for exemptions from registration or

 9  registration fees.  The rule shall provide that:

10         (a)  Registration is required for each principal

11  represented.

12         (b)  Registration shall include a statement signed by

13  the principal or principal's representative that the

14  registrant is authorized to represent the principal.

15         (c)  A registrant shall promptly send a written

16  statement to the division canceling the registration for a

17  principal upon termination of the lobbyist's representation of

18  that principal. Notwithstanding this requirement, the division

19  may remove the name of a registrant from the list of

20  registered lobbyists if the principal notifies the office that

21  a person is no longer authorized to represent that principal.

22         (d)  Every registrant shall be required to state the

23  extent of any direct business association or partnership with

24  any current member of the Legislature.

25         (e)  Each registrant who is a designated lobbyist

26  pursuant to this section shall identify the industry group

27  classification that most accurately describes the principal.

28  The industry group classification shall be selected from the

29  categories of agriculture; banking and finance;

30  communications; education; entertainment and recreation;

31  environment and natural resources; health and health care;

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 1  insurance; labor; law; lodging and restaurants; manufacturing

 2  and industrial (specify:___________); marketing and sales;

 3  merchandise and retail; political organizations; professional

 4  or trade (specify:____________); public employees; public and

 5  community interest; racing and wagering; real estate and

 6  construction; security; services (specify:___________); state

 7  and local government; technology; transportation; travel and

 8  tourism; utilities; or other (specify:____________). Industry,

 9  trade, or professional associations shall be indicated by the

10  industry group that most accurately describes their members.

11         (f)1.  Each registrant shall designate all general

12  areas of the principal's legislative interest. The general

13  areas of legislative interest shall be selected from the

14  categories of abortion; aeronautics; aging; agriculture;

15  alcoholic beverage regulation; alcoholism and drug abuse;

16  aliens; amusements, games, and sports; animals; arts and

17  humanities; business and commerce; cemeteries; charitable and

18  nonprofit organizations; city government; civil remedies and

19  liabilities; coastal affairs and beaches; common carriers;

20  communications and press; consumer protection; corporations

21  and associations; corrections; county government; courts;

22  crime; criminal procedures; day care; disaster preparedness

23  and relief; economic and industrial development; education;

24  elections; energy; environment; ethics; family issues; fees

25  and other nontax revenue; financial institutions; fire

26  fighters and police; gambling; handicapped persons; health and

27  health care; highways and roads; historic preservation and

28  museums; hospitals; housing; human services; insurance; labor;

29  law enforcement; lawyers; libraries; malpractice and health

30  care providers; mental health and mental retardation; military

31  and veterans; mines and mineral resources; minors; nursing

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 1  homes; occupational regulation; oil and gas; open records and

 2  open meetings; parks and wildlife; political subdivisions;

 3  probate; product liability; property interests; public lands;

 4  purchasing; redistricting; religion; retirement systems;

 5  safety; special districts and authorities; state agencies,

 6  state boards, and commissions; state employees, state

 7  officers, and symbols; state finances; taxation; tort reform;

 8  tourism; transportation; utilities; vehicles and traffic;

 9  water; weapons; women's issues; or other

10  (specify:_______________).

11         2.  For each general category of legislative interest

12  designated, the registrant shall provide a detailed written

13  description of all specific issues to be lobbied within the

14  general category, if known.

15         (g)(f)  All registrations shall be open to the public.

16         (h)(g)  Any person who is exempt from registration

17  under the rule shall not be considered a lobbyist for any

18  purpose.

19         (3)  Each house of the Legislature shall provide by

20  rule the following reporting requirements:

21         (a)  Statements shall be filed by all registered

22  lobbyists four two times per year, which must disclose:

23         1.  All lobbying compensation provided or owed to the

24  lobbyist.

25         2.  All lobbying expenditures by the lobbyist and the

26  principal and the source of funds for such expenditures.

27  

28  All compensation provided or owed to the lobbyist and all

29  expenditures made by the lobbyist and the principal for the

30  purpose of lobbying must be reported. Reporting of

31  expenditures shall be made on an accrual basis. The report of

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 1  such expenditures must identify whether the expenditure was

 2  made directly by the lobbyist, directly by the principal,

 3  initiated or expended by the lobbyist and paid for by the

 4  principal, or initiated or expended by the principal and paid

 5  for by the lobbyist. The principal is responsible for the

 6  accuracy of compensation reported and the expenditures

 7  reported as lobbying expenditures made by the principal.  The

 8  lobbyist is responsible for the accuracy of compensation

 9  reported and the expenditures reported as lobbying

10  expenditures made by the lobbyist. Expenditures made must be

11  reported by the category of the expenditure, including, but

12  not limited to, the categories of food and beverages,

13  entertainment, research, communication, media advertising,

14  publications, travel, and lodging. For each expenditure that

15  comprises part of the aggregate total reported in each

16  category, the report must also include the full name and

17  address of each person to whom the expenditure was made; the

18  amount, date, and purpose of the expenditure; and the name and

19  title of the legislator or other person for whom the

20  expenditure was made, or, if the expenditure was made pursuant

21  to an invitation to all Senators, all Representatives, all

22  legislators, or all legislative staff of either or both

23  houses, the designation "Open Invitation." Lobbying

24  expenditures do not include a lobbyist's or principal's

25  salary, office expenses, and personal expenses for lodging,

26  meals, and travel.

27         (b)  If a principal is represented by two or more

28  lobbyists, the first lobbyist who registers to represent that

29  principal shall be the designated lobbyist. The designated

30  lobbyist's activity expenditure report shall include all

31  lobbying expenditures made directly by the principal and those

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 1  expenditures of the designated lobbyist on behalf of that

 2  principal as required by paragraph (a). All other lobbyists

 3  registered to represent that principal shall file a report

 4  pursuant to paragraph (a).  The report of lobbying

 5  expenditures by the principal shall be made pursuant to the

 6  requirements of paragraph (a).  The principal is responsible

 7  for the accuracy of figures reported by the designated

 8  lobbyist as lobbying expenditures made directly by the

 9  principal. The designated lobbyist is responsible for the

10  accuracy of the figures reported as lobbying expenditures made

11  by that lobbyist and for compensation reported by that

12  lobbyist. Each lobbyist shall file an activity expenditure

13  report for each period during any portion of which he or she

14  was registered, and each principal shall ensure that an

15  activity expenditure report is filed for each period during

16  any portion of which the principal was represented by a

17  registered lobbyist.

18         (c)1.  Each lobbyist, including a designated lobbyist,

19  shall identify on the activity report all general areas of the

20  principal's legislative interest which were lobbied during the

21  reporting period. The general areas of legislative interest

22  shall be selected from the categories of abortion;

23  aeronautics; aging; agriculture; alcoholic beverage

24  regulation; alcoholism and drug abuse; aliens; amusements,

25  games, and sports; animals; arts and humanities; business and

26  commerce; cemeteries; charitable and nonprofit organizations;

27  city government; civil remedies and liabilities; coastal

28  affairs and beaches; common carriers; communications and

29  press; consumer protection; corporations and associations;

30  corrections; county government; courts; crime; criminal

31  procedures; day care; disaster preparedness and relief;

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 1  economic and industrial development; education; elections;

 2  energy; environment; ethics; family issues; fees and other

 3  nontax revenue; financial institutions; fire fighters and

 4  police; gambling; handicapped persons; health and health care;

 5  highways and roads; historic preservation and museums;

 6  hospitals; housing; human services; insurance; labor; law

 7  enforcement; lawyers; libraries; malpractice and health care

 8  providers; mental health and mental retardation; military and

 9  veterans; mines and mineral resources; minors; nursing homes;

10  occupational regulation; oil and gas; open records and open

11  meetings; parks and wildlife; political subdivisions; probate;

12  product liability; property interests; public lands;

13  purchasing; redistricting; religion; retirement systems;

14  safety; special districts and authorities; state agencies,

15  state boards, and commissions; state employees, state

16  officers, and symbols; state finances; taxation; tort reform;

17  tourism; transportation; utilities; vehicles and traffic;

18  water; weapons; women's issues; or other

19  (specify:_______________).

20         2.  For each general category of legislative interest

21  designated, the lobbyist shall make a good-faith effort to

22  estimate the percentage of lobbying time spent on the

23  category. The sum of time spent lobbying all designated

24  categories must equal 100 percent.

25         3.  For each general category of legislative interest

26  designated, the lobbyist shall provide a detailed written

27  description of all specific issues lobbied within the general

28  category.

29         (d)(c)  For each reporting period the division shall

30  aggregate the compensation and expenditures reported by all of

31  the lobbyists for a principal represented by more than one

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 1  lobbyist. Further, the division shall aggregate figures that

 2  provide a cumulative total of compensation reported and

 3  expenditures reported as spent by and on behalf of each

 4  principal for the calendar year.

 5         (e)(d)  The reporting statements shall be filed no

 6  later than 45 days after the end of each the reporting period

 7  and. The first report shall include the legislative interests

 8  information, compensation, and expenditures for the period

 9  from January 1 through March 31, April 1 through June 30, July

10  1 through September 30, and October 1 through December 31,

11  respectively June 30. The second report shall disclose

12  expenditures for the period from July 1 through December 31.

13  The statements shall be rendered in the identical form

14  provided by the respective houses and shall be open to public

15  inspection.  Reporting statements may be filed by electronic

16  means, when feasible.

17         (f)(e)  Reports shall be filed not later than 5 p.m. of

18  the report due date.  However, any report that is postmarked

19  by the United States Postal Service no later than midnight of

20  the due date shall be deemed to have been filed in a timely

21  manner, and a certificate of mailing obtained from and dated

22  by the United States Postal Service at the time of the

23  mailing, or a receipt from an established courier company

24  which bears a date on or before the due date, shall be proof

25  of mailing in a timely manner.

26         (g)(f)  Each house of the Legislature shall provide by

27  rule, or both houses may provide by joint rule, a procedure by

28  which a lobbyist who fails to timely file a report shall be

29  notified and assessed fines.  The rule shall provide for the

30  following:

31  

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 1         1.  Upon determining that the report is late, the

 2  person designated to review the timeliness of reports shall

 3  immediately notify the lobbyist as to the failure to timely

 4  file the report and that a fine is being assessed for each

 5  late day. The fine shall be $50 per day per report for each

 6  late day, not to exceed $5,000 per report.

 7         2.  Upon receipt of the report, the person designated

 8  to review the timeliness of reports shall determine the amount

 9  of the fine due based upon the earliest of the following:

10         a.  When a report is actually received by the lobbyist

11  registration and reporting office.

12         b.  When the report is postmarked.

13         c.  When the certificate of mailing is dated.

14         d.  When the receipt from an established courier

15  company is dated.

16         3.  Such fine shall be paid within 30 days after the

17  notice of payment due is transmitted by the Lobbyist

18  Registration Office, unless appeal is made to the division.

19  The moneys shall be deposited into the Legislative Lobbyist

20  Registration Trust Fund.

21         4.  A fine shall not be assessed against a lobbyist the

22  first time any reports for which the lobbyist is responsible

23  are not timely filed. However, to receive the one-time fine

24  waiver, all reports for which the lobbyist is responsible must

25  be filed within 30 days after notice that any reports have not

26  been timely filed is transmitted by the Lobbyist Registration

27  Office. A fine shall be assessed for any subsequent late-filed

28  reports.

29         5.  Any lobbyist may appeal or dispute a fine, based

30  upon unusual circumstances surrounding the failure to file on

31  the designated due date, and may request and shall be entitled

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 1  to a hearing before the General Counsel of the Office of

 2  Legislative Services, who shall recommend to the President of

 3  the Senate and the Speaker of the House of Representatives, or

 4  their respective designees, that the fine be waived in whole

 5  or in part for good cause shown. The President of the Senate

 6  and the Speaker of the House of Representatives, or their

 7  respective designees, may concur in the recommendation and

 8  waive the fine in whole or in part. Any such request shall be

 9  made within 30 days after the notice of payment due is

10  transmitted by the Lobbyist Registration Office.  In such

11  case, the lobbyist shall, within the 30-day period, notify the

12  person designated to review the timeliness of reports in

13  writing of his or her intention to request a hearing.

14         6.  A lobbyist, a lobbyist's legal representative, or

15  the principal of a lobbyist may request that the filing of an

16  activity expenditure report be waived upon good cause shown,

17  based on unusual circumstances. The request must be filed with

18  the General Counsel of the Office of Legislative Services, who

19  shall make a recommendation concerning the waiver request to

20  the President of the Senate and the Speaker of the House of

21  Representatives. The President of the Senate and the Speaker

22  of the House of Representatives may grant or deny the request.

23  The registration of a lobbyist who fails to timely pay a fine

24  is automatically suspended until the fine is paid or waived.

25         7.  The person designated to review the timeliness of

26  reports shall notify the director of the division of the

27  failure of a lobbyist to file a report after notice or of the

28  failure of a lobbyist to pay the fine imposed.

29         (h)  Each lobbyist and each principal shall preserve

30  for a period of 4 years all accounts, bills, receipts,

31  computer records, books, papers, e-mails, ledgers, federal tax

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 1  information, and other documents and records necessary to

 2  substantiate lobbying compensation and expenditures.

 3         1.  Any expenditure-related documents and records

 4  retained pursuant to this subsection may be inspected under

 5  reasonable circumstances by any authorized representative of

 6  the Legislature. The right of inspection may be enforced by

 7  appropriate writ issued by any court of competent

 8  jurisdiction.

 9         2.  Any compensation-related documents and records

10  retained pursuant to this subsection may be audited by the

11  Auditor General pursuant to s. 11.45 and may be enforced by

12  appropriate writ issued by any court of competent

13  jurisdiction.

14         (6)  The committee of either house shall investigate

15  any person engaged in legislative lobbying upon receipt of a

16  sworn complaint alleging a violation of this section, s.

17  112.3148, or s. 112.3149 by such person; also, the committee

18  of either house shall investigate any person engaged, or

19  formerly engaged, in lobbying pursuant to this section upon

20  receipt of compensation-reporting audit information indicating

21  a possible violation other than a late-filed report.  Such

22  proceedings shall be conducted pursuant to the rules of the

23  respective houses. If the committee finds that there has been

24  a violation of this section, s. 112.3148, or s. 112.3149, it

25  shall report its findings to the President of the Senate or

26  the Speaker of the House of Representatives, as appropriate,

27  together with a recommended penalty, to include a fine of not

28  more than $5,000, reprimand, censure, probation, or

29  prohibition from lobbying for a period of time not to exceed

30  24 months.  Upon the receipt of such report, the President of

31  the Senate or the Speaker of the House of Representatives

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 1  shall cause the committee report and recommendations to be

 2  brought before the respective house and a final determination

 3  shall be made by a majority of said house.

 4         Section 2.  Effective April 1, 2006, subsection (3) of

 5  section 11.045, Florida Statutes, as amended by this act, is

 6  amended to read:

 7         11.045  Lobbyists; registration and reporting;

 8  exemptions; penalties.--

 9         (3)  Each house of the Legislature shall provide by

10  rule the following reporting requirements:

11         (a)  Statements shall be filed by all registered

12  lobbyists four times per year, which must disclose:

13         1.  All lobbying compensation provided or owed to the

14  lobbyist.

15         2.  All lobbying expenditures by the lobbyist and the

16  principal and the source of funds for such expenditures.

17  

18  All compensation provided or owed to the lobbyist and all

19  expenditures made by the lobbyist and the principal for the

20  purpose of lobbying must be reported. Reporting of

21  expenditures shall be made on an accrual basis. The report of

22  such expenditures must identify whether the expenditure was

23  made directly by the lobbyist, directly by the principal,

24  initiated or expended by the lobbyist and paid for by the

25  principal, or initiated or expended by the principal and paid

26  for by the lobbyist. The principal is responsible for the

27  accuracy of compensation reported and the expenditures

28  reported as lobbying expenditures made by the principal.  The

29  lobbyist is responsible for the accuracy of compensation

30  reported and the expenditures reported as lobbying

31  expenditures made by the lobbyist. Expenditures made must be

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 1  reported by the category of the expenditure, including, but

 2  not limited to, the categories of food and beverages,

 3  entertainment, research, communication, media advertising,

 4  publications, travel, and lodging. For each expenditure that

 5  comprises part of the aggregate total reported in each

 6  category, the report must also include the full name and

 7  address of each person to whom the expenditure was made; the

 8  amount, date, and purpose of the expenditure; and the name and

 9  title of the legislator or other person for whom the

10  expenditure was made, or, if the expenditure was made pursuant

11  to an invitation to all Senators, all Representatives, all

12  legislators, or all legislative staff of either or both

13  houses, the designation "Open Invitation." Lobbying

14  expenditures do not include a lobbyist's or principal's

15  salary, office expenses, and personal expenses for lodging,

16  meals, and travel.

17         (b)  If a principal is represented by two or more

18  lobbyists, the first lobbyist who registers to represent that

19  principal shall be the designated lobbyist. The designated

20  lobbyist's activity report shall include all lobbying

21  expenditures made directly by the principal and those

22  expenditures of the designated lobbyist on behalf of that

23  principal as required by paragraph (a). All other lobbyists

24  registered to represent that principal shall file a report

25  pursuant to paragraph (a).  The report of lobbying

26  expenditures by the principal shall be made pursuant to the

27  requirements of paragraph (a).  The principal is responsible

28  for the accuracy of figures reported by the designated

29  lobbyist as lobbying expenditures made directly by the

30  principal. The designated lobbyist is responsible for the

31  accuracy of the figures reported as lobbying expenditures made

                                  17

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 1  by that lobbyist and for compensation reported by that

 2  lobbyist. Each lobbyist shall file an activity report for each

 3  period during any portion of which he or she was registered,

 4  and each principal shall ensure that an activity report is

 5  filed for each period during any portion of which the

 6  principal was represented by a registered lobbyist.

 7         (c)1.  Each lobbyist, including a designated lobbyist,

 8  shall identify on the activity report all general areas of the

 9  principal's legislative interest which were lobbied during the

10  reporting period. The general areas of legislative interest

11  shall be selected from the categories of abortion;

12  aeronautics; aging; agriculture; alcoholic beverage

13  regulation; alcoholism and drug abuse; aliens; amusements,

14  games, and sports; animals; arts and humanities; business and

15  commerce; cemeteries; charitable and nonprofit organizations;

16  city government; civil remedies and liabilities; coastal

17  affairs and beaches; common carriers; communications and

18  press; consumer protection; corporations and associations;

19  corrections; county government; courts; crime; criminal

20  procedures; day care; disaster preparedness and relief;

21  economic and industrial development; education; elections;

22  energy; environment; ethics; family issues; fees and other

23  nontax revenue; financial institutions; fire fighters and

24  police; gambling; handicapped persons; health and health care;

25  highways and roads; historic preservation and museums;

26  hospitals; housing; human services; insurance; labor; law

27  enforcement; lawyers; libraries; malpractice and health care

28  providers; mental health and mental retardation; military and

29  veterans; mines and mineral resources; minors; nursing homes;

30  occupational regulation; oil and gas; open records and open

31  meetings; parks and wildlife; political subdivisions; probate;

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 1  product liability; property interests; public lands;

 2  purchasing; redistricting; religion; retirement systems;

 3  safety; special districts and authorities; state agencies,

 4  state boards, and commissions; state employees, state

 5  officers, and symbols; state finances; taxation; tort reform;

 6  tourism; transportation; utilities; vehicles and traffic;

 7  water; weapons; women's issues; or other

 8  (specify:_______________).

 9         2.  For each general category of legislative interest

10  designated, the lobbyist shall make a good-faith effort to

11  estimate the percentage of lobbying time spent on the

12  category. The sum of time spent lobbying all designated

13  categories must equal 100 percent.

14         3.  For each general category of legislative interest

15  designated, the lobbyist shall provide a detailed written

16  description of all specific issues lobbied within the general

17  category.

18         (d)  For each reporting period the division shall

19  aggregate the compensation and expenditures reported by all of

20  the lobbyists for a principal represented by more than one

21  lobbyist. Further, the division shall aggregate figures that

22  provide a cumulative total of compensation reported and

23  expenditures reported as spent by and on behalf of each

24  principal for the calendar year.

25         (e)  The reporting statements shall be filed no later

26  than 45 days after the end of each reporting period and shall

27  include the legislative interests information, compensation,

28  and expenditures for the period from January 1 through March

29  31, April 1 through June 30, July 1 through September 30, and

30  October 1 through December 31, respectively. The statements

31  shall be rendered in the identical form provided by the

                                  19

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 1  respective houses and shall be open to public inspection.

 2  Reporting statements must may be filed by electronic means,

 3  when feasible.

 4         (f)  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         (f)(g)  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 electronic receipt issued pursuant to s.

30  11.0455 is dated. When the report is postmarked.

31         c.  When the certificate of mailing is dated.

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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 report be waived upon good cause shown, based on

 4  unusual circumstances. The request must be filed with the

 5  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         (g)(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 subsection 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 subsection 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         Section 3.  Effective April 1, 2006, section 11.0455,

 2  Florida Statutes, is created to read:

 3         11.0455  Electronic filing of lobbying-activity

 4  reports.--

 5         (1)  As used in this section, the term "electronic

 6  filing system" means an Internet system for recording and

 7  reporting lobbying compensation, expenditures, and other

 8  activity-report information by reporting period.

 9         (2)  Each lobbyist who is required to file reports with

10  the Division of Legislative Information Services pursuant to

11  s. 11.045 must file such reports with the division by means of

12  the division's electronic filing system.

13         (3)  A report filed pursuant to this section must be

14  completed and filed through the electronic filing system not

15  later than 11:59 p.m. of the day designated in s. 11.045. A

16  report not filed by 11:59 p.m. of the day designated is a

17  late-filed report and is subject to the penalties under s.

18  11.045(3).

19         (4)  Each report filed pursuant to this section is

20  considered to be under oath by the lobbyist, or the designated

21  lobbyist and principal, whichever is applicable, and such

22  persons are subject to the provisions of s. 11.045(6) and (7).

23  Persons given a secure sign-on to the electronic filing system

24  are responsible for protecting it from disclosure and are

25  responsible for all filings using such credentials, unless

26  they have notified the division that their credentials have

27  been compromised.

28         (5)  The electronic filing system developed by the

29  division must:

30         (a)  Be based on access by means of the Internet.

31  

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 1         (b)  Be accessible by anyone with Internet access using

 2  standard web-browsing software.

 3         (c)  Provide for direct entry of activity-report

 4  information as well as upload of such information from

 5  software authorized by the division.

 6         (d)  Provide a method that prevents unauthorized access

 7  to electronic filing system functions.

 8         (6)  Each house of the Legislature shall provide by

 9  rule, or may provide by a joint rule adopted by both houses,

10  procedures to administer this section, including, but not

11  limited to:

12         (a)  Alternate filing procedures in case the division's

13  electronic filing system is not operable.

14         (b)  The issuance of an electronic receipt to the

15  person submitting the report indicating and verifying the date

16  and time that the report was filed.

17         (7)  The division shall make all the data filed

18  available on the Internet in an easily understood and

19  accessible format. In addition, the division shall include

20  each principal's current industry group classification

21  pursuant to s. 11.045(2).

22         Section 4.  Effective April 1, 2007, subsection (2) of

23  section 11.45, Florida Statutes, is amended to read:

24         11.45  Definitions; duties; authorities; reports;

25  rules.--

26         (2)  DUTIES.--The Auditor General shall:

27         (a)  Conduct audits of records and perform related

28  duties as prescribed by law, concurrent resolution of the

29  Legislature, or as directed by the Legislative Auditing

30  Committee.

31  

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 1         (b)  Annually conduct a financial audit of state

 2  government.

 3         (c)  Annually conduct financial audits of all

 4  universities and district boards of trustees of community

 5  colleges.

 6         (d)  Annually conduct financial audits of the accounts

 7  and records of all district school boards in counties with

 8  populations of fewer than 150,000, according to the most

 9  recent federal decennial statewide census.

10         (e)  Annually conduct an audit of the Wireless

11  Emergency Telephone System Fund as described in s. 365.173.

12         (f)  Annually conduct audits of the accounts and

13  records of the Florida School for the Deaf and the Blind.

14         (g)  At least every 2 years, conduct operational audits

15  of the accounts and records of state agencies and

16  universities. In connection with these audits, the Auditor

17  General shall give appropriate consideration to reports issued

18  by state agencies' inspectors general or universities'

19  inspectors general and the resolution of findings therein.

20         (h)  At least every 2 years, conduct a performance

21  audit of the local government financial reporting system,

22  which, for the purpose of this chapter, means any statutory

23  provisions related to local government financial reporting.

24  The purpose of such an audit is to determine the accuracy,

25  efficiency, and effectiveness of the reporting system in

26  achieving its goals and to make recommendations to the local

27  governments, the Governor, and the Legislature as to how the

28  reporting system can be improved and how program costs can be

29  reduced. The Auditor General shall determine the scope of such

30  audits. The local government financial reporting system should

31  provide for the timely, accurate, uniform, and cost-effective

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 1  accumulation of financial and other information that can be

 2  used by the members of the Legislature and other appropriate

 3  officials to accomplish the following goals:

 4         1.  Enhance citizen participation in local government;

 5         2.  Improve the financial condition of local

 6  governments;

 7         3.  Provide essential government services in an

 8  efficient and effective manner; and

 9         4.  Improve decisionmaking on the part of the

10  Legislature, state agencies, and local government officials on

11  matters relating to local government.

12         (i)  Once every 3 years, conduct performance audits of

13  the Department of Revenue's administration of the ad valorem

14  tax laws as described in s. 195.096.

15         (j)  Once every 3 years, conduct financial audits of

16  the accounts and records of all district school boards in

17  counties with populations of 125,000 or more, according to the

18  most recent federal decennial statewide census.

19         (k)  Once every 3 years, review a sample of each state

20  agency's internal audit reports to determine compliance with

21  current Standards for the Professional Practice of Internal

22  Auditing or, if appropriate, government auditing standards.

23         (l)  Conduct audits of local governmental entities when

24  determined to be necessary by the Auditor General, when

25  directed by the Legislative Auditing Committee, or when

26  otherwise required by law. No later than 18 months after the

27  release of the audit report, the Auditor General shall perform

28  such appropriate followup procedures as he or she deems

29  necessary to determine the audited entity's progress in

30  addressing the findings and recommendations contained within

31  the Auditor General's previous report. The Auditor General

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 1  shall provide a copy of his or her determination to each

 2  member of the audited entity's governing body and to the

 3  Legislative Auditing Committee.

 4         (m)  For a random sample of 1 percent of all

 5  legislative lobbying registrations and 1 percent of all

 6  executive lobbying registrations for the previous calendar

 7  year, annually conduct audits of all registration-related

 8  quarterly activity reports filed pursuant to s. 11.045 and s.

 9  11.0455, or s. 112.3215 and s. 112.32155, respectively. The

10  audit shall be limited to determining compliance with the

11  lobbying compensation reporting requirements of s. 11.045 or

12  s. 112.3215, whichever is applicable, except that the audit

13  scope may not include the timeliness of the filing. The

14  Auditor General shall forward all legislative lobbying final

15  audit reports to the legislative committees designated in s.

16  11.045, and shall forward all executive lobbying final audit

17  reports to the Florida Commission on Ethics.

18  

19  The Auditor General shall perform his or her duties

20  independently but under the general policies established by

21  the Legislative Auditing Committee. This subsection does not

22  limit the Auditor General's discretionary authority to conduct

23  other audits or engagements of governmental entities as

24  authorized in subsection (3).

25         Section 5.  Effective April 1, 2006 subsection (3) of

26  section 11.45, Florida Statutes, is amended to read:

27         11.45  Definitions; duties; authorities; reports;

28  rules.--

29         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The

30  Auditor General may, pursuant to his or her own authority, or

31  at the direction of the Legislative Auditing Committee,

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 1  conduct audits or other engagements as determined appropriate

 2  by the Auditor General of:

 3         (a)  The accounts and records of any governmental

 4  entity created or established by law.

 5         (b)  The information technology programs, activities,

 6  functions, or systems of any governmental entity created or

 7  established by law.

 8         (c)  The accounts and records of any charter school

 9  created or established by law.

10         (d)  The accounts and records of any direct-support

11  organization or citizen support organization created or

12  established by law. The Auditor General is authorized to

13  require and receive any records from the direct-support

14  organization or citizen support organization, or from its

15  independent auditor.

16         (e)  The public records associated with any

17  appropriation made by the Legislature to a nongovernmental

18  agency, corporation, or person. All records of a

19  nongovernmental agency, corporation, or person with respect to

20  the receipt and expenditure of such an appropriation shall be

21  public records and shall be treated in the same manner as

22  other public records are under general law.

23         (f)  State financial assistance provided to any

24  nonstate entity as defined by s. 215.97.

25         (g)  The Tobacco Settlement Financing Corporation

26  created pursuant to s. 215.56005.

27         (h)  Any purchases of federal surplus lands for use as

28  sites for correctional facilities as described in s. 253.037.

29         (i)  Enterprise Florida, Inc., including any of its

30  boards, advisory committees, or similar groups created by

31  Enterprise Florida, Inc., and programs.  The audit report may

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 1  not reveal the identity of any person who has anonymously made

 2  a donation to Enterprise Florida, Inc., pursuant to this

 3  paragraph. The identity of a donor or prospective donor to

 4  Enterprise Florida, Inc., who desires to remain anonymous and

 5  all information identifying such donor or prospective donor

 6  are confidential and exempt from the provisions of s.

 7  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

 8  anonymity shall be maintained in the auditor's report.

 9         (j)  The Florida Development Finance Corporation or the

10  capital development board or the programs or entities created

11  by the board. The audit or report may not reveal the identity

12  of any person who has anonymously made a donation to the board

13  pursuant to this paragraph. The identity of a donor or

14  prospective donor to the board who desires to remain anonymous

15  and all information identifying such donor or prospective

16  donor are confidential and exempt from the provisions of s.

17  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

18  anonymity shall be maintained in the auditor's report.

19         (k)  The records pertaining to the use of funds from

20  voluntary contributions on a motor vehicle registration

21  application or on a driver's license application authorized

22  pursuant to ss. 320.023 and 322.081.

23         (l)  The records pertaining to the use of funds from

24  the sale of specialty license plates described in chapter 320.

25         (m)  The transportation corporations under contract

26  with the Department of Transportation that are acting on

27  behalf of the state to secure and obtain rights-of-way for

28  urgently needed transportation systems and to assist in the

29  planning and design of such systems pursuant to ss.

30  339.401-339.421.

31  

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 1         (n)  The acquisitions and divestitures related to the

 2  Florida Communities Trust Program created pursuant to chapter

 3  380.

 4         (o)  The Florida Water Pollution Control Financing

 5  Corporation created pursuant to s. 403.1837.

 6         (p)  The Florida Partnership for School Readiness

 7  created pursuant to s. 411.01.

 8         (q)  The Florida Special Disability Trust Fund

 9  Financing Corporation created pursuant to s. 440.49.

10         (r)  Workforce Florida, Inc., or the programs or

11  entities created by Workforce Florida, Inc., created pursuant

12  to s. 445.004.

13         (s)  The corporation defined in s. 455.32 that is under

14  contract with the Department of Business and Professional

15  Regulation to provide administrative, investigative,

16  examination, licensing, and prosecutorial support services in

17  accordance with the provisions of s. 455.32 and the practice

18  act of the relevant profession.

19         (t)  The Florida Engineers Management Corporation

20  created pursuant to chapter 471.

21         (u)  The Investment Fraud Restoration Financing

22  Corporation created pursuant to chapter 517.

23         (v)  The books and records of any permitholder that

24  conducts race meetings or jai alai exhibitions under chapter

25  550.

26         (w)  The corporation defined in part II of chapter 946,

27  known as the Prison Rehabilitative Industries and Diversified

28  Enterprises, Inc., or PRIDE Enterprises.

29         (x)  The Florida Virtual School pursuant to s. 1002.37.

30         (y)  The accounts and records of any principal or

31  lobbyist relating to compliance with the

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 1  compensation-reporting provisions of s. 11.045 or s. 112.3215,

 2  whichever is applicable, except that the audit scope may not

 3  include the timeliness of the filing. The Auditor General

 4  shall forward all legislative lobbying final audit reports to

 5  the legislative committees designated in s. 11.045, and shall

 6  forward all executive lobbying final audit reports to the

 7  Florida Commission on Ethics.

 8         Section 6.  Section 112.3215, Florida Statutes, is

 9  amended to read:

10         112.3215  Lobbyists before the executive branch or the

11  Constitution Revision Commission; registration and reporting;

12  investigation by commission.--

13         (1)  For the purposes of this section:

14         (a)  "Agency" means the Governor, Governor and Cabinet,

15  or any department, division, bureau, board, commission, or

16  authority of the executive branch.  In addition, "agency"

17  shall mean the Constitution Revision Commission as provided by

18  s. 2, Art. XI of the State Constitution.

19         (b)  "Compensation" means a payment, distribution,

20  loan, advance, reimbursement, deposit, salary, fee, retainer,

21  or anything of value provided or owed to a lobbyist for the

22  purpose of lobbying.

23         (c)(b)  "Expenditure" means a payment, distribution,

24  loan, advance, reimbursement, deposit, or anything of value

25  made by a lobbyist or principal for the purpose of lobbying.

26         (d)(c)  "Fund" means the Executive Branch Lobby

27  Registration Trust Fund.

28         (e)(d)  "Lobbies" means seeking, on behalf of another

29  person, to influence an agency with respect to a decision of

30  the agency in the area of policy or procurement or an attempt

31  to obtain the goodwill of an agency official or employee.

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 1  "Lobbies" also means influencing or attempting to influence,

 2  on behalf of another, the Constitution Revision Commission's

 3  action or nonaction through oral or written communication or

 4  an attempt to obtain the goodwill of a member or employee of

 5  the Constitution Revision Commission.

 6         (f)(e)  "Lobbyist" means a person who is employed and

 7  receives payment, or who contracts for economic consideration,

 8  for the purpose of lobbying, or a person who is principally

 9  employed for governmental affairs by another person or

10  governmental entity to lobby on behalf of that other person or

11  governmental entity. "Lobbyist" does not include a person who

12  is:

13         1.  An attorney, or any person, who represents a client

14  in a judicial proceeding or in a formal administrative

15  proceeding conducted pursuant to chapter 120 or any other

16  formal hearing before an agency, board, commission, or

17  authority of this state.

18         2.  An employee of an agency or of a legislative or

19  judicial branch entity acting in the normal course of his or

20  her duties.

21         3.  A confidential informant who is providing, or

22  wishes to provide, confidential information to be used for law

23  enforcement purposes.

24         4.  A person who lobbies to procure a contract pursuant

25  to chapter 287 which contract is less than the threshold for

26  CATEGORY ONE as provided in s. 287.017(1)(a).

27         (g)(f)  "Principal" means the person, firm,

28  corporation, or other entity which has employed or retained a

29  lobbyist.

30         (2)  The Executive Branch Lobby Registration Trust Fund

31  is hereby created within the commission to be used for the

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 1  purpose of funding any office established to administer the

 2  registration of lobbyists lobbying an agency, including the

 3  payment of salaries and other expenses. The trust fund is not

 4  subject to the service charge to General Revenue provisions of

 5  chapter 215. All annual registration fees collected pursuant

 6  to this section shall be deposited into such fund.

 7         (3)  A person may not lobby an agency until such person

 8  has registered as a lobbyist with the commission.  Such

 9  registration shall be due upon initially being retained to

10  lobby and is renewable on a calendar year basis thereafter.

11  Upon registration the person shall provide a statement signed

12  by the principal or principal's representative that the

13  registrant is authorized to represent the principal. The

14  registration shall require the lobbyist to disclose, under

15  oath, the following information:

16         (a)  Name and business address;

17         (b)  The name and business address of each principal

18  represented;

19         (c)  If the lobbyist is a designated lobbyist, the

20  industry group classification that most accurately describes

21  the principal. The industry group classification shall be

22  selected from the categories of agriculture; banking and

23  finance; communications; education; entertainment and

24  recreation; environment and natural resources; health and

25  health care; insurance; labor; law; lodging and restaurants;

26  manufacturing and industrial (specify:___________); marketing

27  and sales; merchandise and retail; political organizations;

28  professional or trade (specify:____________); public

29  employees; public and community interest; racing and wagering;

30  real estate and construction; security; services

31  (specify:___________); state and local government; technology;

                                  33

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 1  transportation; travel and tourism; utilities; or other

 2  (specify:____________). Industry, trade, or professional

 3  associations shall be indicated by the industry group that

 4  most accurately describes their members;

 5         (d)1.  All general areas of the principal's lobbying

 6  interest. The general areas of interest shall be selected from

 7  the categories of abortion; aeronautics; aging; agriculture;

 8  alcoholic beverage regulation; alcoholism and drug abuse;

 9  aliens; amusements, games, and sports; animals; arts and

10  humanities; business and commerce; cemeteries; charitable and

11  nonprofit organizations; city government; civil remedies and

12  liabilities; coastal affairs and beaches; common carriers;

13  communications and press; consumer protection; corporations

14  and associations; corrections; county government; courts;

15  crime; criminal procedures; day care; disaster preparedness

16  and relief; economic and industrial development; education;

17  elections; energy; environment; ethics; family issues; fees

18  and other nontax revenue; financial institutions; fire

19  fighters and police; gambling; handicapped persons; health and

20  health care; highways and roads; historic preservation and

21  museums; hospitals; housing; human services; insurance; labor;

22  law enforcement; lawyers; libraries; malpractice and health

23  care providers; mental health and mental retardation; military

24  and veterans; mines and mineral resources; minors; nursing

25  homes; occupational regulation; oil and gas; open records and

26  open meetings; parks and wildlife; political subdivisions;

27  probate; product liability; property interests; public lands;

28  purchasing; redistricting; religion; retirement systems;

29  safety; special districts and authorities; state agencies,

30  state boards, and commissions; state employees, state

31  officers, and symbols; state finances; taxation; tort reform;

                                  34

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 1  tourism; transportation; utilities; vehicles and traffic;

 2  water; weapons; women's issues; or other

 3  (specify:_______________).

 4         2.  For each general category of lobbying interest

 5  designated, a detailed written description of all specific

 6  issues to be lobbied within the general category, if known;

 7  His or her area of interest;

 8         (e)(d)  The agencies before which he or she will

 9  appear; and

10         (f)(e)  The existence of any direct or indirect

11  business association, partnership, or financial relationship

12  with any employee of an agency with which he or she lobbies,

13  or intends to lobby, as disclosed in the registration.

14         (4)  The annual lobbyist registration fee shall be set

15  by the commission by rule, not to exceed $40 for each

16  principal represented.

17         (5)(a)  A registered lobbyist must also submit to the

18  commission, quarterly biannually, a signed activity

19  expenditure report summarizing all compensation provided or

20  owed to the lobbyist and all lobbying expenditures by the

21  lobbyist and the principal for each 3-month 6-month period

22  during any portion of which the lobbyist is registered.  All

23  compensation provided or owed to the lobbyist and all

24  expenditures made by the lobbyist and the principal for the

25  purpose of lobbying must be reported. Reporting of

26  expenditures shall be on an accrual basis. The report of such

27  expenditures must identify whether the expenditure was made

28  directly by the lobbyist, directly by the principal, initiated

29  or expended by the lobbyist and paid for by the principal, or

30  initiated or expended by the principal and paid for by the

31  lobbyist. The principal is responsible for the accuracy of the

                                  35

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 1  compensation reported and the expenditures reported as

 2  lobbying expenditures made by the principal. The lobbyist is

 3  responsible for the accuracy of compensation reported and the

 4  expenditures reported as lobbying expenditures made by the

 5  lobbyist. Expenditures made must be reported by the category

 6  of the expenditure, including, but not limited to, the

 7  categories of food and beverages, entertainment, research,

 8  communication, media advertising, publications, travel, and

 9  lodging. For each expenditure that comprises part of the

10  aggregate total reported in each category, the report must

11  also include the full name and address of each person to whom

12  the expenditure was made; the amount, date, and purpose of the

13  expenditure; and the name, title, and agency of the person for

14  whom the expenditure was made. Lobby expenditures do not

15  include a lobbyist's or principal's salary, office expenses,

16  and personal expenses for lodging, meals, and travel.

17         (b)  A principal who is represented by two or more

18  lobbyists shall designate one lobbyist whose activity

19  expenditure report shall include all lobbying expenditures

20  made directly by the principal and those expenditures of the

21  designated lobbyist on behalf of that principal as required by

22  paragraph (a). All other lobbyists registered to represent

23  that principal shall file a report pursuant to paragraph (a).

24  The report of lobbying expenditures by the principal shall be

25  made pursuant to the requirements of paragraph (a). The

26  principal is responsible for the accuracy of figures reported

27  by the designated lobbyist as lobbying expenditures made

28  directly by the principal. The designated lobbyist is

29  responsible for the accuracy of the figures reported as

30  lobbying expenditures made by that lobbyist and for

31  compensation reported by that lobbyist.

                                  36

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 1         (c)1.  Each lobbyist, including a designated lobbyist,

 2  shall identify on the activity report all general areas of the

 3  principal's lobbying interest which were lobbied during the

 4  reporting period. The general areas of lobbying interest shall

 5  be selected from the categories of abortion; aeronautics;

 6  aging; agriculture; alcoholic beverage regulation; alcoholism

 7  and drug abuse; aliens; amusements, games, and sports;

 8  animals; arts and humanities; business and commerce;

 9  cemeteries; charitable and nonprofit organizations; city

10  government; civil remedies and liabilities; coastal affairs

11  and beaches; common carriers; communications and press;

12  consumer protection; corporations and associations;

13  corrections; county government; courts; crime; criminal

14  procedures; day care; disaster preparedness and relief;

15  economic and industrial development; education; elections;

16  energy; environment; ethics; family issues; fees and other

17  nontax revenue; financial institutions; fire fighters and

18  police; gambling; handicapped persons; health and health care;

19  highways and roads; historic preservation and museums;

20  hospitals; housing; human services; insurance; labor; law

21  enforcement; lawyers; libraries; malpractice and health care

22  providers; mental health and mental retardation; military and

23  veterans; mines and mineral resources; minors; nursing homes;

24  occupational regulation; oil and gas; open records and open

25  meetings; parks and wildlife; political subdivisions; probate;

26  product liability; property interests; public lands;

27  purchasing; redistricting; religion; retirement systems;

28  safety; special districts and authorities; state agencies,

29  state boards, and commissions; state employees, state

30  officers, and symbols; state finances; taxation; tort reform;

31  tourism; transportation; utilities; vehicles and traffic;

                                  37

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 1  water; weapons; women's issues; or other

 2  (specify:_______________).

 3         2.  For each general category of lobbying interest

 4  designated, the lobbyist shall make a good-faith effort to

 5  estimate the percentage of lobbying time spent on the

 6  category. The sum of time spent lobbying all designated

 7  categories must equal 100 percent.

 8         3.  For each general category of lobbying interest

 9  designated, the lobbyist shall provide a detailed written

10  description of all specific issues lobbied within the general

11  category.

12         (d)(c)  For each reporting period the commission shall

13  aggregate the expenditures of all lobbyists for a principal

14  represented by more than one lobbyist. Further, the commission

15  shall aggregate figures that provide a cumulative total of

16  compensation reported and expenditures reported as spent by

17  and on behalf of each principal for the calendar year.

18         (e)(d)  The reporting statements shall be filed no

19  later than 45 days after the end of each reporting period and

20  shall include the lobbying interests information,

21  compensation, and expenditures for the period from January 1

22  through March 31 June 30, April 1 through June 30, and July 1

23  through September 30, and October 1 through December 31,

24  respectively.

25         (f)(e)  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

                                  38

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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         (g)(f)  The commission shall provide by rule a

 4  procedure by which a lobbyist who fails to timely file a

 5  report shall be notified and assessed fines.  The rule shall

 6  provide for the following:

 7         1.  Upon determining that the report is late, the

 8  person designated to review the timeliness of reports shall

 9  immediately notify the lobbyist as to the failure to timely

10  file the report and that a fine is being assessed for each

11  late day. The fine shall be $50 per day per report for each

12  late day up to a maximum of $5,000 per late report.

13         2.  Upon receipt of the report, the person designated

14  to review the timeliness of reports shall determine the amount

15  of the fine due based upon the earliest of the following:

16         a.  When a report is actually received by the lobbyist

17  registration and reporting office.

18         b.  When the report is postmarked.

19         c.  When the certificate of mailing is dated.

20         d.  When the receipt from an established courier

21  company is dated.

22         3.  Such fine shall be paid within 30 days after the

23  notice of payment due is transmitted by the Lobbyist

24  Registration Office, unless appeal is made to the commission.

25  The moneys shall be deposited into the Executive Branch Lobby

26  Registration Trust Fund.

27         4.  A fine shall not be assessed against a lobbyist the

28  first time any reports for which the lobbyist is responsible

29  are not timely filed. However, to receive the one-time fine

30  waiver, all reports for which the lobbyist is responsible must

31  be filed within 30 days after the notice that any reports have

                                  39

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 1  not been timely filed is transmitted by the Lobbyist

 2  Registration Office. A fine shall be assessed for any

 3  subsequent late-filed reports.

 4         5.  Any lobbyist may appeal or dispute a fine, based

 5  upon unusual circumstances surrounding the failure to file on

 6  the designated due date, and may request and shall be entitled

 7  to a hearing before the commission, which shall have the

 8  authority to waive the fine in whole or in part for good cause

 9  shown.  Any such request shall be made within 30 days after

10  the notice of payment due is transmitted by the Lobbyist

11  Registration Office.  In such case, the lobbyist shall, within

12  the 30-day period, notify the person designated to review the

13  timeliness of reports in writing of his or her intention to

14  bring the matter before the commission.

15         6.  The person designated to review the timeliness of

16  reports shall notify the commission of the failure of a

17  lobbyist to file a report after notice or of the failure of a

18  lobbyist to pay the fine imposed.

19         7.  Notwithstanding any provision of chapter 120, any

20  fine imposed under this subsection that is not waived by final

21  order of the commission and that remains unpaid more than 60

22  days after the notice of payment due or more than 60 days

23  after the commission renders a final order on the lobbyist's

24  appeal shall be collected by the Department of Financial

25  Services as a claim, debt, or other obligation owed to the

26  state, and the department may assign the collection of such

27  fine to a collection agent as provided in s. 17.20.

28         (h)(g)  The commission shall adopt a rule which allows

29  reporting statements to be filed by electronic means, when

30  feasible.

31  

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 1         (i)(h)  Each lobbyist and each principal shall preserve

 2  for a period of 4 years all accounts, bills, receipts,

 3  computer records, books, papers, e-mails, ledgers, federal tax

 4  information, and other documents and records necessary to

 5  substantiate lobbying compensation and expenditures.

 6         1.  Any expenditure-related documents and records

 7  retained pursuant to this subsection section may be inspected

 8  under reasonable circumstances by any authorized

 9  representative of the commission. The right of inspection may

10  be enforced by appropriate writ issued by any court of

11  competent jurisdiction.

12         2.  Any compensation-related documents and records

13  retained pursuant to this subsection may be audited by the

14  Auditor General pursuant to s. 11.45 and may be enforced by

15  appropriate writ issued by any court of competent

16  jurisdiction.

17         (6)  A lobbyist shall promptly send a written statement

18  to the commission canceling the registration for a principal

19  upon termination of the lobbyist's representation of that

20  principal.  Notwithstanding this requirement, the commission

21  may remove the name of a lobbyist from the list of registered

22  lobbyists if the principal notifies the office that a person

23  is no longer authorized to represent that principal. Each

24  lobbyist is responsible for filing an expenditure report for

25  each period during any portion of which he or she was

26  registered, and each principal is responsible for seeing that

27  an expenditure report is filed for each period during any

28  portion of which the principal was represented by a registered

29  lobbyist.

30         (7)(a)  The commission shall investigate every sworn

31  complaint that is filed with it alleging that a person covered

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 1  by this section has failed to register, has failed to submit

 2  an activity expenditure report, or has knowingly submitted

 3  false information in any report or registration required in

 4  this section.

 5         (b)  All proceedings, the complaint, and other records

 6  relating to the investigation are confidential and exempt from

 7  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

 8  State Constitution, and any meetings held pursuant to an

 9  investigation are exempt from the provisions of s. 286.011(1)

10  and s. 24(b), Art. I of the State Constitution either until

11  the alleged violator requests in writing that such

12  investigation and associated records and meetings be made

13  public or until the commission determines, based on the

14  investigation, whether probable cause exists to believe that a

15  violation has occurred.

16         (c)  The commission shall investigate any person

17  engaged, or formerly engaged, in lobbying pursuant to this

18  section upon receipt of compensation-reporting audit

19  information indicating a possible violation other than a

20  late-filed report.

21         (8)  If the commission finds no probable cause to

22  believe that a violation of this section occurred, it shall

23  dismiss the complaint, whereupon the complaint, together with

24  a written statement of the findings of the investigation and a

25  summary of the facts, shall become a matter of public record,

26  and the commission shall send a copy of the complaint,

27  findings, and summary to the complainant and the alleged

28  violator. If, after investigating compensation-reporting audit

29  information, the commission finds no probable cause to believe

30  that a violation of this section occurred, a written statement

31  of the findings of the investigation and a summary of the

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 1  facts shall become a matter of public record, and the

 2  commission shall send a copy of the findings and summary to

 3  the alleged violator. If the commission finds probable cause

 4  to believe that a violation occurred, it shall report the

 5  results of its investigation to the Governor and Cabinet and

 6  send a copy of the report to the alleged violator by certified

 7  mail.  Such notification and all documents made or received in

 8  the disposition of the complaint or the compensation-reporting

 9  audit information shall then become public records. Upon

10  request submitted to the Governor and Cabinet in writing, any

11  person whom the commission finds probable cause to believe has

12  violated any provision of this section shall be entitled to a

13  public hearing. Such person shall be deemed to have waived the

14  right to a public hearing if the request is not received

15  within 14 days following the mailing of the probable cause

16  notification. However, the Governor and Cabinet may on its own

17  motion require a public hearing and may conduct such further

18  investigation as it deems necessary.

19         (9)  If the Governor and Cabinet finds that a violation

20  occurred, it may reprimand the violator, censure the violator,

21  or prohibit the violator from lobbying all agencies for a

22  period not to exceed 2 years.

23         (10)  Any person, when in doubt about the applicability

24  and interpretation of this section to himself or herself in a

25  particular context, may submit in writing the facts of the

26  situation to the commission with a request for an advisory

27  opinion to establish the standard of duty.  An advisory

28  opinion shall be rendered by the commission and, until amended

29  or revoked, shall be binding on the conduct of the person who

30  sought the opinion, unless material facts were omitted or

31  misstated in the request.

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 1         (11)  Agencies shall be diligent to ascertain whether

 2  persons required to register pursuant to this section have

 3  complied.  An agency may not knowingly permit a person who is

 4  not registered pursuant to this section to lobby the agency.

 5         (12)  Upon discovery of violations of this section an

 6  agency or any person may file a sworn complaint with the

 7  commission.

 8         (13)  The commission shall adopt rules to administer

 9  this section, which shall prescribe forms for registration and

10  expenditure reports, procedures for registration, and

11  procedures that will prevent disclosure of information that is

12  confidential as provided in this section.

13         Section 7.  Effective April 1, 2006, subsection (5) of

14  section 112.3215, Florida Statutes, as amended by this act, is

15  amended to read:

16         112.3215  Lobbyists before the executive branch or the

17  Constitution Revision Commission; registration and reporting;

18  investigation by commission.--

19         (5)(a)  A registered lobbyist must also submit to the

20  commission, quarterly, a signed activity report summarizing

21  all compensation provided or owed to the lobbyist and all

22  lobbying expenditures by the lobbyist and the principal for

23  each 3-month period during any portion of which the lobbyist

24  is registered.  All compensation provided or owed to the

25  lobbyist and all expenditures made by the lobbyist and the

26  principal for the purpose of lobbying must be reported.

27  Reporting of expenditures shall be on an accrual basis. The

28  report of such expenditures must identify whether the

29  expenditure was made directly by the lobbyist, directly by the

30  principal, initiated or expended by the lobbyist and paid for

31  by the principal, or initiated or expended by the principal

                                  44

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 1  and paid for by the lobbyist. The principal is responsible for

 2  the accuracy of the expenditures reported as lobbying

 3  expenditures made by the principal. The lobbyist is

 4  responsible for the accuracy of the compensation reported and

 5  the expenditures reported as lobbying expenditures made by the

 6  lobbyist. Expenditures made must be reported by the category

 7  of the expenditure, including, but not limited to, the

 8  categories of food and beverages, entertainment, research,

 9  communication, media advertising, publications, travel, and

10  lodging. For each expenditure that comprises part of the

11  aggregate total reported in each category, the report must

12  also include the full name and address of each person to whom

13  the expenditure was made; the amount, date, and purpose of the

14  expenditure; and the name, title, and agency of the person for

15  whom the expenditure was made. Lobby expenditures do not

16  include a lobbyist's or principal's salary, office expenses,

17  and personal expenses for lodging, meals, and travel.

18         (b)  A principal who is represented by two or more

19  lobbyists shall designate one lobbyist whose activity report

20  shall include all lobbying expenditures made directly by the

21  principal and those expenditures of the designated lobbyist on

22  behalf of that principal as required by paragraph (a). All

23  other lobbyists registered to represent that principal shall

24  file a report pursuant to paragraph (a). The report of

25  lobbying expenditures by the principal shall be made pursuant

26  to the requirements of paragraph (a). The principal is

27  responsible for the accuracy of figures reported by the

28  designated lobbyist as lobbying expenditures made directly by

29  the principal. The designated lobbyist is responsible for the

30  accuracy of the figures reported as lobbying expenditures made

31  

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 1  by that lobbyist and for compensation reported by that

 2  lobbyist.

 3         (c)1.  Each lobbyist, including a designated lobbyist,

 4  shall identify on the activity report all general areas of the

 5  principal's lobbying interest which were lobbied during the

 6  reporting period. The general areas of lobbying interest shall

 7  be selected from the categories of abortion; aeronautics;

 8  aging; agriculture; alcoholic beverage regulation; alcoholism

 9  and drug abuse; aliens; amusements, games, and sports;

10  animals; arts and humanities; business and commerce;

11  cemeteries; charitable and nonprofit organizations; city

12  government; civil remedies and liabilities; coastal affairs

13  and beaches; common carriers; communications and press;

14  consumer protection; corporations and associations;

15  corrections; county government; courts; crime; criminal

16  procedures; day care; disaster preparedness and relief;

17  economic and industrial development; education; elections;

18  energy; environment; ethics; family issues; fees and other

19  nontax revenue; financial institutions; fire fighters and

20  police; gambling; handicapped persons; health and health care;

21  highways and roads; historic preservation and museums;

22  hospitals; housing; human services; insurance; labor; law

23  enforcement; lawyers; libraries; malpractice and health care

24  providers; mental health and mental retardation; military and

25  veterans; mines and mineral resources; minors; nursing homes;

26  occupational regulation; oil and gas; open records and open

27  meetings; parks and wildlife; political subdivisions; probate;

28  product liability; property interests; public lands;

29  purchasing; redistricting; religion; retirement systems;

30  safety; special districts and authorities; state agencies,

31  state boards, and commissions; state employees, state

                                  46

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 1  officers, and symbols; state finances; taxation; tort reform;

 2  tourism; transportation; utilities; vehicles and traffic;

 3  water; weapons; women's issues; or other

 4  (specify:_______________).

 5         2.  For each general category of lobbying interest

 6  designated, the lobbyist shall make a good-faith effort to

 7  estimate the percentage of lobbying time spent on the

 8  category. The sum of time spent lobbying all designated

 9  categories must equal 100 percent.

10         3.  For each general category of lobbying interest

11  designated, the lobbyist shall provide a detailed written

12  description of all specific issues lobbied within the general

13  category.

14         (d)  For each reporting period the commission shall

15  aggregate the expenditures of all lobbyists for a principal

16  represented by more than one lobbyist. Further, the commission

17  shall aggregate figures that provide a cumulative total of

18  compensation reported and expenditures reported as spent by

19  and on behalf of each principal for the calendar year.

20         (e)  The reporting statements shall be filed no later

21  than 45 days after the end of each reporting period and shall

22  include the lobbying interests information, compensation, and

23  expenditures for the period from January 1 through March 31,

24  April 1 through June 30, July 1 through September 30, and

25  October 1 through December 31, respectively. Reporting

26  statements must be filed by electronic means as provided in s.

27  112.32155.

28         (f)  Reports shall be filed not later than 5 p.m. of

29  the report due date.  However, any report that is postmarked

30  by the United States Postal Service no later than midnight of

31  the due date shall be deemed to have been filed in a timely

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 1  manner, and a certificate of mailing obtained from and dated

 2  by the United States Postal Service at the time of the

 3  mailing, or a receipt from an established courier company

 4  which bears a date on or before the due date, shall be proof

 5  of mailing in a timely manner.

 6         (f)(g)  The commission shall provide by rule a

 7  procedure by which a lobbyist who fails to timely file a

 8  report shall be notified and assessed fines.  The rule shall

 9  provide for the following:

10         1.  Upon determining that the report is late, the

11  person designated to review the timeliness of reports shall

12  immediately notify the lobbyist as to the failure to timely

13  file the report and that a fine is being assessed for each

14  late day. The fine shall be $50 per day per report for each

15  late day up to a maximum of $5,000 per late report.

16         2.  Upon receipt of the report, the person designated

17  to review the timeliness of reports shall determine the amount

18  of the fine due based upon the earliest of the following:

19         a.  When a report is actually received by the lobbyist

20  registration and reporting office.

21         b.  When the electronic receipt issued pursuant to s.

22  112.32155 is dated. When the report is postmarked.

23         c.  When the certificate of mailing is dated.

24         d.  When the receipt from an established courier

25  company is dated.

26         3.  Such fine shall be paid within 30 days after the

27  notice of payment due is transmitted by the Lobbyist

28  Registration Office, unless appeal is made to the commission.

29  The moneys shall be deposited into the Executive Branch Lobby

30  Registration Trust Fund.

31  

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 1         4.  A fine shall not be assessed against a lobbyist the

 2  first time any reports for which the lobbyist is responsible

 3  are not timely filed. However, to receive the one-time fine

 4  waiver, all reports for which the lobbyist is responsible must

 5  be filed within 30 days after the notice that any reports have

 6  not been timely filed is transmitted by the Lobbyist

 7  Registration Office. A fine shall be assessed for any

 8  subsequent late-filed reports.

 9         5.  Any lobbyist may appeal or dispute a fine, based

10  upon unusual circumstances surrounding the failure to file on

11  the designated due date, and may request and shall be entitled

12  to a hearing before the commission, which shall have the

13  authority to waive the fine in whole or in part for good cause

14  shown.  Any such request shall be made within 30 days after

15  the notice of payment due is transmitted by the Lobbyist

16  Registration Office.  In such case, the lobbyist shall, within

17  the 30-day period, notify the person designated to review the

18  timeliness of reports in writing of his or her intention to

19  bring the matter before the commission.

20         6.  The person designated to review the timeliness of

21  reports shall notify the commission of the failure of a

22  lobbyist to file a report after notice or of the failure of a

23  lobbyist to pay the fine imposed.

24         7.  Notwithstanding any provision of chapter 120, any

25  fine imposed under this subsection that is not waived by final

26  order of the commission and that remains unpaid more than 60

27  days after the notice of payment due or more than 60 days

28  after the commission renders a final order on the lobbyist's

29  appeal shall be collected by the Department of Financial

30  Services as a claim, debt, or other obligation owed to the

31  

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 1  state, and the department may assign the collection of such

 2  fine to a collection agent as provided in s. 17.20.

 3         (h)  The commission shall adopt a rule which allows

 4  reporting statements to be filed by electronic means, when

 5  feasible.

 6         (g)(i)  Each lobbyist and each principal shall preserve

 7  for a period of 4 years all accounts, bills, receipts,

 8  computer records, books, papers, e-mails, ledgers, federal tax

 9  information, and other documents and records necessary to

10  substantiate lobbying compensation and expenditures.

11         1.  Any expenditure-related documents and records

12  retained pursuant to this subsection may be inspected under

13  reasonable circumstances by any authorized representative of

14  the commission. The right of inspection may be enforced by

15  appropriate writ issued by any court of competent

16  jurisdiction.

17         2.  Any compensation-related documents and records

18  retained pursuant to this subsection may be audited by the

19  Auditor General pursuant to s. 11.45 and may be enforced by

20  appropriate writ issued by any court of competent

21  jurisdiction.

22         Section 8.  Effective April 1, 2006, section 112.32155,

23  Florida Statutes, is created to read:

24         112.32155  Electronic filing of lobbying-activity

25  reports.--

26         (1)  As used in this section, the term "electronic

27  filing system" means an Internet system for recording and

28  reporting lobbying compensation, expenditures, and other

29  activity-report information by reporting period.

30         (2)  Each lobbyist who is required to file reports with

31  the Commission on Ethics pursuant to s. 112.3215 must file

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 1  such reports with the commission by means of the electronic

 2  filing system.

 3         (3)  A report filed pursuant to this section must be

 4  completed and filed through the electronic filing system not

 5  later than 11:59 p.m. of the day designated in s. 112.3215. A

 6  report not filed by 11:59 p.m. of the day designated is a

 7  late-filed report and is subject to the penalties under s.

 8  112.3215(5).

 9         (4)  Each report filed pursuant to this section is

10  considered to be under oath by the lobbyist, or the designated

11  lobbyist and principal, whichever is applicable.  Persons

12  given a secure sign-on to the electronic filing system are

13  responsible for protecting it from disclosure and are

14  responsible for all filings using such credentials, unless

15  they have notified the division that their credentials have

16  been compromised.

17         (5)  The electronic filing system must:

18         (a)  Be based on access by means of the Internet.

19         (b)  Be accessible by anyone with Internet access using

20  standard web-browsing software.

21         (c)  Provide for direct entry of activity-report

22  information as well as upload of such information from

23  software authorized by the commission.

24         (d)  Provide a method that prevents unauthorized access

25  to electronic filing system functions.

26         (6)  The commission shall provide by rule procedures to

27  administer this section, including, but not limited to:

28         (a)  Alternate filing procedures in case the electronic

29  filing system is not operable.

30  

31  

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 1         (b)  The issuance of an electronic receipt to the

 2  person submitting the report indicating and verifying the date

 3  and time that the report was filed.

 4         (7)  The commission shall make all the data filed

 5  available on the Internet in an easily understood and

 6  accessible format. In addition, the commission shall include

 7  each principal's current industry group classification

 8  pursuant to s. 112.3215(3).

 9         Section 9.  The first activity reports subject to the

10  amended reporting requirements in this act must be filed by

11  May 15, 2006, and encompass the reporting period from January

12  1, 2006, through March 31, 2006.

13         Section 10.  Except as otherwise expressly provided in

14  this act, this act shall take effect January 1, 2006.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                             SB 2646

18                                 

19  In addition to making several technical and clarifying
    changes, the committee substitute principally extends the
20  scope of the original bill to include both legislative and
    executive branch lobbying, the original bill addresses
21  exclusively legislative lobbying.  The committee substitute
    takes the proposed changes in the original bill for
22  legislative lobbying and creates similar, and in many cases
    parallel, requirements in the executive lobbying context
23  (i.e., quarterly activity report filing, detailed individual
    expenditure reporting, compensation reporting, creating an
24  electronic reporting system for filing executive lobbying
    quarterly activity reports).  There remain some differences
25  between the two lobbying systems even as amended, differences
    that relate primarily to jurisdiction.  With regard to
26  enforcement, the Auditor General forwards all final audit
    reports on lobbying compensation reporting to the Ethics
27  Commission for executive lobbyists, and to the Legislature for
    legislative lobbyists.
28  

29  

30  

31  

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