Senate Bill sb2646c1
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By the Committee on Ways and Means; and Senator Sebesta
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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
1
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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
2
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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
3
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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
4
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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
5
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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;
6
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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
7
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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
8
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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
9
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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;
10
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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
14
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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
16
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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
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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;
18
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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
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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;
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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;
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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
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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.
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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;
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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
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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
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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
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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
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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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