Senate Bill sb2646e1

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




    CS for SB 2646                                 First Engrossed



  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

  6         terms "compensation" and "lobbying firm";

  7         amending definitions for the terms "lobbying"

  8         and "principal"; requiring each principal upon

  9         the registration of the principal's designated

10         lobbyist to identify the principal's main

11         business; requiring each lobbying firm and

12         principal to maintain certain records and

13         documents for a specified period; specifying

14         judicial jurisdiction for enforcing the right

15         to inspect certain documents and records;

16         conditionally prohibiting convicted felons from

17         registering as a legislative lobbyist;

18         modifying the aggregate reporting categories on

19         lobbying expenditure reporting forms; requiring

20         lobbying expenditure reporting forms to include

21         the name and address of each person to whom an

22         expenditure for food and beverages was made,

23         date of the expenditure, and the name and title

24         of the legislator or employee for whom the

25         expenditure was made; requiring each lobbyist

26         to report the general areas of the principal's

27         legislative interest and specific issues

28         lobbied; requiring each lobbying firm to file

29         quarterly compensation reports; requiring each

30         lobbying firm to report certain compensation

31         information in dollar categories and specific


                                  1

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






    CS for SB 2646                                 First Engrossed



 1         dollar amounts; requiring certain lobbying

 2         firms to report the name and address of the

 3         principal originating lobbying work; providing

 4         for certification of compensation reports;

 5         requiring the Division of Legislative

 6         Information Services to aggregate certain

 7         compensation information; revising the period

 8         for filing compensation and expenditure

 9         reporting statements; prescribing procedures

10         for determining late-filing fines for

11         compensation reports; prescribing fines and

12         penalties for compensation-reporting

13         violations; providing exceptions; prohibiting

14         lobbying expenditures, except for certain food

15         and beverages and novelty items; prohibiting

16         principals from providing lobbying compensation

17         to any individual or business entity other than

18         a lobbying firm; providing for the Legislature

19         to adopt rules to maintain and make publicly

20         available all advisory opinions and reports

21         relating to lobbying firms, to conform;

22         providing for the Legislature to adopt rules

23         authorizing legislative committees to

24         investigate certain person and entities engaged

25         in legislative lobbying; requiring compensation

26         and expenditure reports to be filed

27         electronically; creating s. 11.0455, F.S.;

28         defining the term "electronic filing system";

29         providing requirements for lobbyists and

30         lobbying firms filing reports with the Division

31         of Legislative Information Services by means of


                                  2

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






    CS for SB 2646                                 First Engrossed



 1         the division's electronic filing system;

 2         providing that such reports are considered to

 3         be certified as accurate and complete;

 4         providing requirements for the electronic

 5         filing system; providing for the Legislature to

 6         adopt rules to administer the electronic filing

 7         system; requiring alternate filing procedures;

 8         requiring the issuance of electronic receipts;

 9         requiring that the division provide for public

10         access to certain data; amending s. 11.45,

11         F.S.; requiring that the Auditor General

12         conduct random audits of the compensation

13         reports filed by legislative and executive

14         lobbyists; prescribing conditions for the

15         random selection; directing the Auditor General

16         to adopt audit and field investigation

17         guidelines; granting the Auditor General

18         independent authority to audit the accounts and

19         records of any principal or lobbyist with

20         respect to compliance with the

21         compensation-reporting requirements; requiring

22         that legislative lobbying audit reports be

23         forwarded to the Legislature and executive

24         lobbying audit reports be sent to the Florida

25         Commission on Ethics; amending s. 112.3215,

26         F.S., relating to the requirements that

27         executive branch and Constitution Revision

28         Commission lobbyists register and report as

29         required; defining the terms "compensation" and

30         "lobbying firm"; amending definitions for the

31         terms "lobbies" and "principal"; conditionally


                                  3

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






    CS for SB 2646                                 First Engrossed



 1         prohibiting convicted felons from registering

 2         as an executive branch lobbyist; requiring each

 3         principal upon the registration of the

 4         principal's designated lobbyist to identify the

 5         principal's main business; modifying the

 6         aggregate reporting categories on lobbying

 7         expenditure reporting forms; requiring lobbying

 8         expenditure reporting forms to include the name

 9         and address of each person to whom an

10         expenditure for food and beverages was made,

11         date of the expenditure, and the name and title

12         of the agency official, member, or employee for

13         whom the expenditure was made; requiring each

14         lobbyist to report the general areas of the

15         principal's lobbying interest and specific

16         issues lobbied; requiring each lobbying firm to

17         file quarterly compensation reports; requiring

18         each lobbying firm to report certain

19         compensation information in dollar categories

20         and specific dollar amounts; requiring certain

21         lobbying firms to report the name and address

22         of the principal originating lobbying work;

23         providing for certification of compensation

24         reports; requiring the Florida Commission on

25         Ethics to aggregate certain compensation

26         information; revising the period for filing

27         compensation and expenditure reporting

28         statements; authorizing the commission to adopt

29         procedural rules for determining late-filing

30         fines for compensation reports; prescribing

31         fines and penalties for compensation-reporting


                                  4

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






    CS for SB 2646                                 First Engrossed



 1         violations; providing exceptions; requiring

 2         each lobbying firm and principal to maintain

 3         certain records and documents for a specified

 4         period; specifying judicial jurisdiction for

 5         enforcing the right of inspection; prohibiting

 6         lobbying expenditures, except for certain food

 7         and beverages and novelty items; prohibiting

 8         principals from providing lobbying compensation

 9         to any individual or business entity other than

10         a lobbying firm; providing for the commission

11         to investigate certain lobbying firms for

12         compensation-reporting violations; providing

13         procedures for disposing of

14         compensation-reporting investigations and

15         proceedings; providing penalties; providing for

16         public access to certain records; authorizing

17         the commission to adopt administration rules

18         and forms relating to compensation reporting;

19         requiring compensation and expenditure reports

20         to be filed electronically; creating s.

21         112.32155, F.S.; defining the term "electronic

22         filing system"; providing requirements for

23         lobbyists and lobbying firms filing reports

24         with the Florida Commission on Ethics by means

25         of the electronic filing system; providing that

26         such reports are considered to be certified as

27         accurate and complete; providing requirements

28         for the electronic filing system; providing for

29         the commission to adopt rules to administer the

30         electronic filing system; requiring alternate

31         filing procedures; requiring the issuance of


                                  5

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






    CS for SB 2646                                 First Engrossed



 1         electronic receipts; requiring that the

 2         commission provide for public access to certain

 3         data; specifying the initial reporting period

 4         that is subject to the requirements of the act;

 5         providing an effective date.

 6  

 7         WHEREAS, restoring the public's trust in government is

 8  a top priority of the Florida Legislature, and

 9         WHEREAS, it is a fundamental right for people to

10  redress their government for grievances, and,

11         WHEREAS, in many cases, lobbyists assist people in the

12  exercise of this fundamental right, and,

13         WHEREAS, lobbyists can add value to the system by

14  introducing informed perspectives and alternative points of

15  view, and,

16         WHEREAS, despite the value added by such lobbyists, the

17  public's confidence has been shaken by a perceived culture of

18  improper influence promulgated in Tallahassee and elsewhere in

19  the State by lobbyists representing powerful special

20  interests, and,

21         WHEREAS, that public perception is grounded in lobbyist

22  advocacy that is cloaked in secrecy and conducted out of the

23  sunshine, and,

24         WHEREAS, Floridians have a right to know what the

25  Legislature and executive agencies are doing and with whom, so

26  that they can gauge the influence and the role of special

27  interests in the development and implementation of public

28  policy, and,

29         WHEREAS, the Florida Legislature believes that fuller,

30  fairer, and more open disclosure will help restore the public

31  trust in government,


                                  6

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






    CS for SB 2646                                 First Engrossed



 1         WHEREAS, the Florida Legislature has fashioned a

 2  narrowly-tailored system for furthering the State's compelling

 3  governmental interest in regulating lobbying before the

 4  Florida Legislature and administrative agencies, employing the

 5  least intrusive means available, NOW, THEREFORE,

 6  

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

 8  

 9         Section 1.  Section 11.045, Florida Statutes, is

10  amended to read:

11         11.045  Lobbyists; registration and reporting;

12  exemptions; penalties.--

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

14  otherwise requires:

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

16  charged by the presiding officer with responsibility for

17  ethical conduct of lobbyists.

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

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

20  or anything of value provided or owed to a lobbying firm,

21  directly or indirectly, by a principal.

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

23  Information Services within the Office of Legislative

24  Services.

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

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

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

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

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

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

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


                                  7

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






    CS for SB 2646                                 First Engrossed



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

 2  committee thereof.

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

 4  influence legislative action or nonaction through oral or

 5  written communication or an attempt to obtain the goodwill of

 6  a member or employee of the Legislature. Food and beverages

 7  paid for or provided, directly or indirectly, by a lobbyist or

 8  principal to, or for the benefit of, a member or employee of

 9  the Legislature is deemed an attempt to obtain the goodwill of

10  the member or employee unless the lobbyist or principal is the

11  member's or employee's parent, spouse, child, or sibling.

12         (g)  "Lobbying firm" means any business entity,

13  including an individual contract lobbyist, that receives or

14  becomes entitled to receive any compensation for the purpose

15  of lobbying, where any partner, owner, officer, or employee of

16  the business entity is a lobbyist.

17         (h)(f)  "Lobbyist" means a person who is employed and

18  receives payment, or who contracts for economic consideration,

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

20  employed for governmental affairs by another person or

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

22  governmental entity.

23         (i)(g)  "Principal" means the person, firm,

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

25  lobbyist, including a lobbying firm that subcontracts work.

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

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

28  for the registration of lobbyists who lobby the Legislature.

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

30  The rule may provide for exemptions from registration or

31  registration fees.  The rule shall provide that:


                                  8

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






    CS for SB 2646                                 First Engrossed



 1         (a)  Registration is required for each principal

 2  represented.

 3         (b)  Registration shall include a statement signed by

 4  the principal or principal's representative that the

 5  registrant is authorized to represent the principal. The

 6  principal shall also designate the most recent North American

 7  Industry Classification System numerical code and

 8  corresponding index entry that most accurately describes the

 9  principal's main business on the statement authorizing the

10  principal's designated lobbyist.

11         (c)  A registrant shall promptly send a written

12  statement to the division canceling the registration for a

13  principal upon termination of the lobbyist's representation of

14  that principal. Notwithstanding this requirement, the division

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

16  registered lobbyists if the principal notifies the office that

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

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

19  extent of any direct business association or partnership with

20  any current member of the Legislature.

21         (e)1.  Each lobbyist and each principal shall preserve

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

23  computer records, books, papers, and other documents and

24  records necessary to substantiate lobbying expenditures. Any

25  documents and records retained pursuant to this section may be

26  inspected under reasonable circumstances by any authorized

27  representative of the Legislature. The right of inspection may

28  be enforced in circuit court by appropriate writ issued by any

29  court of competent jurisdiction.

30         2.  Each lobbying firm and each principal shall

31  preserve for a period of 4 years all accounts, bills,


                                  9

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






    CS for SB 2646                                 First Engrossed



 1  receipts, computer records, books, papers, and other documents

 2  and records necessary to substantiate compensation. Any

 3  documents and records retained pursuant to this section may be

 4  subpoenaed for audit by the Auditor General pursuant to s.

 5  11.45 and such subpoena may be enforced in circuit court.

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

 7         (g)  Any person who is exempt from registration under

 8  the rule shall not be considered a lobbyist for any purpose.

 9         (h)  No person convicted of a felony shall register as

10  a lobbyist pursuant to this subsection, until the person:

11         1.  Has been released from incarceration and any

12  postconviction supervision, and has paid all court costs and

13  court-ordered restitution;

14         2.  Has had his or her civil rights restored; and,

15         3.  Has been authorized by affirmative vote of each

16  house of the Legislature to register as a lobbyist.

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

18  rule the following reporting requirements:

19         (a)  Statements shall be filed by all registered

20  lobbyists four two times per year, which must disclose all

21  lobbying expenditures by the lobbyist and the principal and

22  the source of funds for such expenditures. All expenditures

23  made by the lobbyist and the principal for the purpose of

24  lobbying must be reported. Reporting of expenditures shall be

25  made on an accrual basis. The report of such expenditures must

26  identify whether the expenditure was made directly by the

27  lobbyist, directly by the principal, initiated or expended by

28  the lobbyist and paid for by the principal, or initiated or

29  expended by the principal and paid for by the lobbyist. The

30  principal is responsible for the accuracy of the expenditures

31  reported as lobbying expenditures made by the principal. The


                                  10

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






    CS for SB 2646                                 First Engrossed



 1  lobbyist is responsible for the accuracy of the expenditures

 2  reported as lobbying expenditures made by the lobbyist.

 3  Expenditures made must be reported in the aggregate in either

 4  the category "food and beverages" or "novelty items." by the

 5  category of the expenditure, including, but not limited to,

 6  the categories of food and beverages, entertainment, research,

 7  communication, media advertising, publications, travel, and

 8  lodging. For each expenditure that comprises part of the

 9  aggregate total reported in the "food and beverages" category,

10  the report must also include the full name and address of each

11  person to whom the expenditure was made; the date of the

12  expenditure; and, the name and title of the member or employee

13  of the Legislature for whom the expenditure was made.

14  Lobbying expenditures do not include a lobbyist's or

15  principal's salary, office expenses, and personal expenses for

16  lodging, 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 expenditure 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


                                  11

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






    CS for SB 2646                                 First Engrossed



 1  by that lobbyist. Each lobbyist shall file an expenditure

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

 3  was registered, and each principal shall ensure that an

 4  expenditure report is filed for each period during any portion

 5  of which the principal was represented by a registered

 6  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 that were lobbied during the

10  reporting period.

11         2.  For each general area of legislative interest

12  designated, the lobbyist shall provide a detailed written

13  description of all specific issues lobbied within the general

14  area.

15         (d)1.  Each lobbying firm shall file a compensation

16  statement with the division for each calendar quarter during

17  any portion of which one or more of the firm's lobbyists were

18  registered to represent a principal. The report shall include

19  the:

20         a.  Full name, business address, and telephone number

21  of the lobbying firm;

22         b.  Name of each of the firm's lobbyists; and,

23         c.  Total compensation provided or owed to the lobbying

24  firm from all principals for the reporting period, reported in

25  one of the following categories: $0; less than $10,000;

26  $10,000 to $49,999; $50,000 to $99,999; $100,000 to $249,999;

27  $250,000 to $499,999; $500,000 to $999,999; $1 million or

28  more.

29         2.  For each principal represented by one or more of

30  the firm's lobbyists, the compensation report shall also

31  include the:


                                  12

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






    CS for SB 2646                                 First Engrossed



 1         a.  Full name, business address, and telephone number

 2  of the principal;

 3         b.  Total compensation provided or owed to the lobbying

 4  firm for the reporting period, reported in one of the

 5  following categories:  $0; less than $5,000; $5,000 to $9,999;

 6  $10,000 to $14,999; $15,000 to $19,999; $20,000 to $24,999;

 7  $25,000 to $29,999; $30,000 to $34,999; $35,000 to $39,999;

 8  $40,000 to $44,999; $45,000 or more.  If the category "$45,000

 9  or more" is selected, the specific dollar amount of

10  compensation must be reported, rounded up or down to the

11  nearest $1,000;

12         c.  Cumulative year-to-date compensation provided or

13  owed to the lobbying firm, reported in one of the following

14  categories: $0; less than $5,000; $5,000 to $9,999; $10,000 to

15  $24,999; $25,000 to $49,999; $50,000 to $99,000; $100,000 or

16  more; and,

17         d.  If the lobbying firm is reporting compensation

18  resulting from a subcontracting agreement with another

19  lobbying firm, the full name and business address of the

20  principal originating the lobbying work.

21         3.  The senior partner, officer, or owner of the

22  lobbying firm shall certify to the veracity and completeness

23  of the information submitted pursuant to this paragraph.

24         (e)(c)  For each reporting period the division shall

25  aggregate the expenditures reported by all of the lobbyists

26  for a principal represented by more than one lobbyist.

27  Further, the division shall aggregate figures that provide a

28  cumulative total of expenditures reported as spent by and on

29  behalf of each principal for the calendar year.  For each

30  principal represented by more than one lobbying firm, the

31  division shall also aggregate the reporting-period and


                                  13

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






    CS for SB 2646                                 First Engrossed



 1  calendar-year compensation reported as provided or owed by the

 2  principal.

 3         (f)(d)  The compensation and expenditure reporting

 4  statements shall be filed no later than 45 days after the end

 5  of each the reporting period.  The four reporting periods are

 6  The first report shall include the expenditures for the period

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

 8  1 through September 30, and October 1 through December 31,

 9  respectively June 30. The second report shall disclose

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

11  The statements shall be rendered in the identical form

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

13  inspection.  Reporting statements may be filed by electronic

14  means, when feasible.

15         (g)(e)  Reports shall be filed not later than 5 p.m. of

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

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

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

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

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

21  mailing, or a receipt from an established courier company

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

23  of mailing in a timely manner.

24         (h)(f)  Each house of the Legislature shall provide by

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

26  which a lobbying firm or lobbyist who fails to timely file a

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

28  provide for the following:

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

30  person designated to review the timeliness of reports shall

31  immediately notify the lobbying firm or lobbyist as to the


                                  14

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






    CS for SB 2646                                 First Engrossed



 1  failure to timely file the report and that a fine is being

 2  assessed for each late day. The fine shall be $50 per day per

 3  report for each late day, not to exceed $5,000 per report.

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

 5  to review the timeliness of reports shall determine the amount

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

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

 8  registration and reporting office.

 9         b.  When the report is postmarked.

10         c.  When the certificate of mailing is dated.

11         d.  When the receipt from an established courier

12  company is dated.

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

14  notice of payment due is transmitted by the Lobbyist

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

16  The moneys shall be deposited into the Legislative Lobbyist

17  Registration Trust Fund.

18         4.  A fine shall not be assessed against a lobbying

19  firm or lobbyist the first time any reports for which the

20  lobbying firm or lobbyist is responsible are not timely filed.

21  However, to receive the one-time fine waiver, all reports for

22  which the lobbying firm or lobbyist is responsible must be

23  filed within 30 days after notice that any reports have not

24  been timely filed is transmitted by the Lobbyist Registration

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

26  reports.

27         5.  Any lobbying firm or lobbyist may appeal or dispute

28  a fine, based upon unusual circumstances surrounding the

29  failure to file on the designated due date, and may request

30  and shall be entitled to a hearing before the General Counsel

31  of the Office of Legislative Services, who shall recommend to


                                  15

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






    CS for SB 2646                                 First Engrossed



 1  the President of the Senate and the Speaker of the House of

 2  Representatives, or their respective designees, that the fine

 3  be waived in whole or in part for good cause shown. The

 4  President of the Senate and the Speaker of the House of

 5  Representatives, or their respective designees, may concur in

 6  the recommendation and waive the fine in whole or in part. Any

 7  such request shall be made within 30 days after the notice of

 8  payment due is transmitted by the Lobbyist Registration

 9  Office.  In such case, the lobbying firm or lobbyist shall,

10  within the 30-day period, notify the person designated to

11  review the timeliness of reports in writing of his or her

12  intention to request a hearing.

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

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

15  expenditure report be waived upon good cause shown, based on

16  unusual circumstances. A lobbying firm may request that the

17  filing of a compensation report be waived upon good cause

18  shown, based on unusual circumstances. The request must be

19  filed with the General Counsel of the Office of Legislative

20  Services, who shall make a recommendation concerning the

21  waiver request to the President of the Senate and the Speaker

22  of the House of Representatives. The President of the Senate

23  and the Speaker of the House of Representatives may grant or

24  deny the request.

25         7.  The registration of a lobbyist who fails to timely

26  pay a fine is automatically suspended until the fine is paid

27  or waived.  All lobbyist registrations for lobbyists who are

28  partners, owners, officers, or employees of a lobbying firm

29  that fails to timely pay a fine are automatically suspended

30  until the fine is paid or waived; the division shall promptly

31  


                                  16

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






    CS for SB 2646                                 First Engrossed



 1  notify all affected principals of any suspension or

 2  reinstatement.

 3         8.7.  The person designated to review the timeliness of

 4  reports shall notify the director of the division of the

 5  failure of a lobbying firm or lobbyist to file a report after

 6  notice or of the failure of a lobbying firm or lobbyist to pay

 7  the fine imposed.

 8         (4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or

 9  any other provision of law to the contrary, no lobbyist or

10  principal shall make, directly or indirectly, and no member or

11  employee of the Legislature shall knowingly accept, directly

12  or indirectly, any lobbying expenditure, except for:

13         1.  Food and beverages:

14         a.  Consumed at a single sitting or meal;

15         b.  Paid for solely by lobbyists or principals who are

16  present for the duration of the sitting or meal;

17         c.  Where the actual value attributable to members and

18  employees of the Legislature is determinable;

19         d.  Provided that the actual gross value attributable

20  to a member or employee of the Legislature from all lobbyists

21  and principals paying for the food and beverages, including

22  any value attributable pursuant to paragraph (b), does not

23  exceed $100.

24         2.  Novelty items having an individual retail value of

25  $25 or less provided to all members of the Senate or House of

26  Representatives during any regular or special session, or

27  provided during any week during which the Senate or House has

28  scheduled committee meetings.  Such novelty items may also be

29  distributed to the staff of either or both houses, subject to

30  the same timing constraints.

31  


                                  17

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






    CS for SB 2646                                 First Engrossed



 1         (b)  The value of any food and beverages provided to a

 2  spouse or child of a member or employee of the Legislature

 3  shall be attributed to the member or employee, as appropriate.

 4         (c)  No principal shall provide compensation for

 5  lobbying to any individual or business entity that is not a

 6  lobbying firm.

 7         (5)(4)  Each house of the Legislature shall provide by

 8  rule a procedure by which a person, when in doubt about the

 9  applicability and interpretation of this section in a

10  particular context, may submit in writing the facts for an

11  advisory opinion to the committee of either house and may

12  appear in person before the committee.  The rule shall provide

13  a procedure by which:

14         (a)  The committee shall render advisory opinions to

15  any person who seeks advice as to whether the facts in a

16  particular case would constitute a violation of this section.

17         (b)  The committee shall make sufficient deletions to

18  prevent disclosing the identity of persons in the decisions or

19  opinions.

20         (c)  All advisory opinions of the committee shall be

21  numbered, dated, and open to public inspection.

22         (6)(5)  Each house of the Legislature shall provide by

23  rule for keeping keep all advisory opinions of the committees

24  relating to lobbying firms, lobbyists, and lobbying

25  activities., as well as The rule shall also provide that each

26  house keep a current list of registered lobbyists and their

27  respective reports required under this section, along with

28  reports required of lobbying firms under this section, all of

29  which shall be open for public inspection.

30         (7)(6)  Each house of the Legislature shall provide by

31  rule that the committee of either house shall investigate any


                                  18

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






    CS for SB 2646                                 First Engrossed



 1  lobbying firm or lobbyist person engaged in legislative

 2  lobbying upon receipt of a sworn complaint alleging a

 3  violation of this section, s. 112.3148, or s. 112.3149 by such

 4  person; also, the rule shall provide that the committee of

 5  either house investigate any lobbying firm upon receipt of

 6  compensation-reporting audit information indicating a possible

 7  violation other than a late-filed report.  Such proceedings

 8  shall be conducted pursuant to the rules of the respective

 9  houses. If the committee finds that there has been a violation

10  of this section, s. 112.3148, or s. 112.3149, it shall report

11  its findings to the President of the Senate or the Speaker of

12  the House of Representatives, as appropriate, together with a

13  recommended penalty, to include a fine of not more than

14  $5,000, reprimand, censure, probation, or prohibition from

15  lobbying for a period of time not to exceed 24 months.  Upon

16  the receipt of such report, the President of the Senate or the

17  Speaker of the House of Representatives shall cause the

18  committee report and recommendations to be brought before the

19  respective house and a final determination shall be made by a

20  majority of said house.

21         (8)(7)  Any person required to be registered or to

22  provide information pursuant to this section or pursuant to

23  rules established in conformity with this section who

24  knowingly fails to disclose any material fact required by this

25  section or by rules established in conformity with this

26  section, or who knowingly provides false information on any

27  report required by this section or by rules established in

28  conformity with this section, commits a noncriminal

29  infraction, punishable by a fine not to exceed $5,000. Such

30  penalty shall be in addition to any other penalty assessed by

31  a house of the Legislature pursuant to subsection (7)(6).


                                  19

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






    CS for SB 2646                                 First Engrossed



 1         (9)(8)  There is hereby created the Legislative

 2  Lobbyist Registration Trust Fund, to be used for the purpose

 3  of funding any office established for the administration of

 4  the registration of lobbyist lobbying the Legislature,

 5  including the payment of salaries and other expenses, and for

 6  the purpose of paying the expenses incurred by the Legislature

 7  in providing services to lobbyists.  The trust fund is not

 8  subject to the service charge to general revenue provisions of

 9  chapter 215. Fees collected pursuant to rules established in

10  accordance with subsection (2) shall be deposited into the

11  Legislative Lobbyist Registration Trust Fund.

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

13  section 11.045, as amended by this act, is amended to read:

14         11.045  Lobbyists; registration and reporting;

15  exemptions; penalties.--

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

17  rule the following reporting requirements:

18         (a)  Statements shall be filed by all registered

19  lobbyists four times per year, which must disclose all

20  lobbying expenditures by the lobbyist and the principal and

21  the source of funds for such expenditures.  All expenditures

22  made by the lobbyist and the principal for the purpose of

23  lobbying must be reported. Reporting of expenditures shall be

24  made on an accrual basis. The report of such expenditures must

25  identify whether the expenditure was made directly by the

26  lobbyist, directly by the principal, initiated or expended by

27  the lobbyist and paid for by the principal, or initiated or

28  expended by the principal and paid for by the lobbyist. The

29  principal is responsible for the accuracy of the expenditures

30  reported as lobbying expenditures made by the principal. The

31  lobbyist is responsible for the accuracy of the expenditures


                                  20

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






    CS for SB 2646                                 First Engrossed



 1  reported as lobbying expenditures made by the lobbyist.

 2  Expenditures made must be reported in the aggregate in either

 3  the category of "food and beverages" or "novelty items." For

 4  each expenditure that comprises part of the aggregate total

 5  reported in the "food and beverages" category, the report must

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

 7  the expenditure was made; the date of the expenditure; and,

 8  the name and title of the member or employee of the

 9  Legislature for whom the expenditure was made.  Lobbying

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

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

12  meals, and travel.

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

14  lobbyists, the first lobbyist who registers to represent that

15  principal shall be the designated lobbyist. The designated

16  lobbyist's expenditure report shall include all lobbying

17  expenditures made directly by the principal and those

18  expenditures of the designated lobbyist on behalf of that

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

20  registered to represent that principal shall file a report

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

22  expenditures by the principal shall be made pursuant to the

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

24  for the accuracy of figures reported by the designated

25  lobbyist as lobbying expenditures made directly by the

26  principal. The designated lobbyist is responsible for the

27  accuracy of the figures reported as lobbying expenditures made

28  by that lobbyist. Each lobbyist shall file an expenditure

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

30  was registered, and each principal shall ensure that an

31  expenditure report is filed for each period during any portion


                                  21

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






    CS for SB 2646                                 First Engrossed



 1  of which the principal was represented by a registered

 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 legislative interest that were lobbied during the

 6  reporting period.

 7         2.  For each general area of legislative interest

 8  designated, the lobbyist shall provide a detailed written

 9  description of all specific issues lobbied within the general

10  area.

11         (d)1.  Each lobbying firm shall file a compensation

12  statement with the division for each calendar quarter during

13  any portion of which one or more of the firm's lobbyists were

14  registered to represent a principal. The report shall include

15  the:

16         a.  Full name, business address, and telephone number

17  of the lobbying firm;

18         b.  Name of each of the firm's lobbyists; and,

19         c.  Total compensation provided or owed to the lobbying

20  firm from all principals for the reporting period, reported in

21  one of the following categories: $0; less than $10,000;

22  $10,000 to $49,999; $50,000 to $99,999; $100,000 to $249,999;

23  $250,000 to $499,999; $500,000 to $999,999; $1 million or

24  more.

25         2.  For each principal represented by one or more of

26  the firm's lobbyists, the compensation report shall also

27  include the:

28         a.  Full name, business address, and telephone number

29  of the principal;

30         b.  Total compensation provided or owed to the lobbying

31  firm for the reporting period, reported in one of the


                                  22

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






    CS for SB 2646                                 First Engrossed



 1  following categories:  $0; less than $5,000; $5,000 to $9,999;

 2  $10,000 to $14,999; $15,000 to $19,999; $20,000 to $24,999;

 3  $25,000 to $29,999; $30,000 to $34,999; $35,000 to $39,999;

 4  $40,000 to $44,999; $45,000 or more.  If the category "$45,000

 5  or more" is selected, the specific dollar amount of

 6  compensation must be reported, rounded up or down to the

 7  nearest $1,000;

 8         c.  Cumulative year-to-date compensation provided or

 9  owed to the lobbying firm, reported in one of the following

10  categories: $0; less than $5,000; $5,000 to $9,999; $10,000 to

11  $24,999; $25,000 to $49,999; $50,000 to $99,000; $100,000 or

12  more; and

13         d.  If the lobbying firm is reporting compensation

14  resulting from a subcontracting agreement with another

15  lobbying firm, the full name and business address of the

16  principal originating the lobbying work.

17         3.  The senior partner, officer, or owner of the

18  lobbying firm shall certify to the veracity and completeness

19  of the information submitted pursuant to this paragraph.

20         (e)  For each reporting period the division shall

21  aggregate the expenditures reported by all of the lobbyists

22  for a principal represented by more than one lobbyist.

23  Further, the division shall aggregate figures that provide a

24  cumulative total of expenditures reported as spent by and on

25  behalf of each principal for the calendar year. For each

26  principal represented by more than one lobbying firm, the

27  division shall also aggregate the reporting-period and

28  calendar-year compensation reported as provided or owed by the

29  principal.

30         (f)  The compensation and expenditure reporting

31  statements shall be filed no later than 45 days after the end


                                  23

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






    CS for SB 2646                                 First Engrossed



 1  of each reporting period.  The four reporting periods are from

 2  January 1 through March 31, April 1 through June 30, July 1

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

 4  respectively. The statements shall be rendered in the

 5  identical form provided by the respective houses and shall be

 6  open to public inspection. Reporting statements must may be

 7  filed by electronic means as provided in s. 11.0455, when

 8  feasible.

 9         (g)  Reports shall be filed not later than 5 p.m. of

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

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

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

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

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

15  mailing, or a receipt from an established courier company

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

17  of mailing in a timely manner.

18         (g)(h)  Each house of the Legislature shall provide by

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

20  which a lobbying firm or lobbyist who fails to timely file a

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

22  provide for the following:

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

24  person designated to review the timeliness of reports shall

25  immediately notify the lobbying firm or lobbyist as to the

26  failure to timely file the report and that a fine is being

27  assessed for each late day. The fine shall be $50 per day per

28  report for each late day, not to exceed $5,000 per report.

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

30  to review the timeliness of reports shall determine the amount

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


                                  24

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






    CS for SB 2646                                 First Engrossed



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

 2  registration and reporting office.

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

 4  11.0455 is dated. When the report is postmarked.

 5         c.  When the certificate of mailing is dated.

 6         d.  When the receipt from an established courier

 7  company is dated.

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

 9  notice of payment due is transmitted by the Lobbyist

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

11  The moneys shall be deposited into the Legislative Lobbyist

12  Registration Trust Fund.

13         4.  A fine shall not be assessed against a lobbying

14  firm or lobbyist the first time any reports for which the

15  lobbying firm or lobbyist is responsible are not timely filed.

16  However, to receive the one-time fine waiver, all reports for

17  which the lobbying firm or lobbyist is responsible must be

18  filed within 30 days after notice that any reports have not

19  been timely filed is transmitted by the Lobbyist Registration

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

21  reports.

22         5.  Any lobbying firm or lobbyist may appeal or dispute

23  a fine, based upon unusual circumstances surrounding the

24  failure to file on the designated due date, and may request

25  and shall be entitled to a hearing before the General Counsel

26  of the Office of Legislative Services, who shall recommend to

27  the President of the Senate and the Speaker of the House of

28  Representatives, or their respective designees, that the fine

29  be waived in whole or in part for good cause shown. The

30  President of the Senate and the Speaker of the House of

31  Representatives, or their respective designees, may concur in


                                  25

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






    CS for SB 2646                                 First Engrossed



 1  the recommendation and waive the fine in whole or in part. Any

 2  such request shall be made within 30 days after the notice of

 3  payment due is transmitted by the Lobbyist Registration

 4  Office.  In such case, the lobbying firm or lobbyist shall,

 5  within the 30-day period, notify the person designated to

 6  review the timeliness of reports in writing of his or her

 7  intention to request a hearing.

 8         6.  A lobbyist or the principal of a lobbyist may

 9  request that the filing of an expenditure report be waived

10  upon good cause shown, based on unusual circumstances. A

11  lobbying firm may request that the filing of a compensation

12  report be waived upon good cause shown, based on unusual

13  circumstances.  The request must be filed with the General

14  Counsel of the Office of Legislative Services, who shall make

15  a recommendation concerning the waiver request to the

16  President of the Senate and the Speaker of the House of

17  Representatives. The President of the Senate and the Speaker

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

19         7.  The registration of a lobbyist who fails to timely

20  pay a fine is automatically suspended until the fine is paid

21  or waived.  All lobbyist registrations for lobbyists who are

22  partners, owners, officers, or employees of a lobbying firm

23  that fails to timely pay a fine are automatically suspended

24  until the fine is paid or waived.

25         8.  The person designated to review the timeliness of

26  reports shall notify the director of the division of the

27  failure of a lobbying firm or lobbyist to file a report after

28  notice or of the failure of a lobbying firm or lobbyist to pay

29  the fine imposed.

30         Section 3.  Effective April 1, 2006, section 11.0455,

31  Florida Statutes, is created to read:


                                  26

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






    CS for SB 2646                                 First Engrossed



 1         11.0455  Electronic filing of compensation and

 2  expenditure reports.--

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

 4  filing system" means an Internet system for recording and

 5  reporting lobbying compensation, expenditures, and other

 6  required information by reporting period.

 7         (2)  Each lobbying firm or lobbyist who is required to

 8  file reports with the Division of Legislative Information

 9  Services pursuant to s. 11.045 must file such reports with the

10  division by means of the division's electronic filing system.

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

12  completed and filed through the electronic filing system not

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

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

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

16  11.045(3).

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

18  considered to be certified as accurate and complete by the

19  lobbyist, the lobbying firm, or the designated lobbyist and

20  principal, whichever is applicable, and such persons are

21  subject to the provisions of s. 11.045(7) and s. 11.045(8).

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

23  are responsible for protecting it from disclosure and are

24  responsible for all filings using such credentials, unless

25  they have notified the division that their credentials have

26  been compromised.

27         (5)  The electronic filing system developed by the

28  division must:

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

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

31  standard web-browsing software.


                                  27

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






    CS for SB 2646                                 First Engrossed



 1         (c)  Provide for direct entry of compensation-report

 2  and expenditure-report information as well as upload of such

 3  information from software authorized by the division.

 4         (d)  Provide a method that prevents unauthorized access

 5  to electronic filing system functions.

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

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

 8  procedures to implement and administer this section,

 9  including, but not limited to:

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

11  electronic filing system is not operable.

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

13  person submitting the report indicating and verifying the date

14  and time that the report was filed.

15         (7)  Each house of the Legislature shall provide by

16  rule that the division make all the data filed available on

17  the Internet in an easily understood and accessible format.

18  The Internet website shall also include, but not be limited

19  to, the names and business addresses of lobbyists, lobbying

20  firms, and principals, the affiliations between lobbyists and

21  principals, and the North American Industry Classification

22  System code and corresponding index entry identified by each

23  principal pursuant to s. 11.045(2).

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

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

26         11.45  Definitions; duties; authorities; reports;

27  rules.--

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

29         (a)  Conduct audits of records and perform related

30  duties as prescribed by law, concurrent resolution of the

31  


                                  28

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






    CS for SB 2646                                 First Engrossed



 1  Legislature, or as directed by the Legislative Auditing

 2  Committee.

 3         (b)  Annually conduct a financial audit of state

 4  government.

 5         (c)  Annually conduct financial audits of all

 6  universities and district boards of trustees of community

 7  colleges.

 8         (d)  Annually conduct financial audits of the accounts

 9  and records of all district school boards in counties with

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

11  recent federal decennial statewide census.

12         (e)  Annually conduct an audit of the Wireless

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

14         (f)  Annually conduct audits of the accounts and

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

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

17  of the accounts and records of state agencies and

18  universities. In connection with these audits, the Auditor

19  General shall give appropriate consideration to reports issued

20  by state agencies' inspectors general or universities'

21  inspectors general and the resolution of findings therein.

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

23  audit of the local government financial reporting system,

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

25  provisions related to local government financial reporting.

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

27  efficiency, and effectiveness of the reporting system in

28  achieving its goals and to make recommendations to the local

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

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

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


                                  29

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






    CS for SB 2646                                 First Engrossed



 1  audits. The local government financial reporting system should

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

 3  accumulation of financial and other information that can be

 4  used by the members of the Legislature and other appropriate

 5  officials to accomplish the following goals:

 6         1.  Enhance citizen participation in local government;

 7         2.  Improve the financial condition of local

 8  governments;

 9         3.  Provide essential government services in an

10  efficient and effective manner; and

11         4.  Improve decisionmaking on the part of the

12  Legislature, state agencies, and local government officials on

13  matters relating to local government.

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

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

16  tax laws as described in s. 195.096.

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

18  the accounts and records of all district school boards in

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

20  most recent federal decennial statewide census.

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

22  agency's internal audit reports to determine compliance with

23  current Standards for the Professional Practice of Internal

24  Auditing or, if appropriate, government auditing standards.

25         (l)  Conduct audits of local governmental entities when

26  determined to be necessary by the Auditor General, when

27  directed by the Legislative Auditing Committee, or when

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

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

30  such appropriate followup procedures as he or she deems

31  necessary to determine the audited entity's progress in


                                  30

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






    CS for SB 2646                                 First Engrossed



 1  addressing the findings and recommendations contained within

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

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

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

 5  Legislative Auditing Committee.

 6         (m)  Annually conduct audits of all quarterly

 7  compensation reports for the previous calendar year filed

 8  pursuant to s. 11.045 and s. 11.0455, or s. 112.3215 and s.

 9  112.32155, respectively, for a random sample of 3 percent of

10  all legislative lobbying firms and 3 percent of all executive

11  branch lobbying firms.

12         1.  The audit shall be limited to determining

13  compliance with the lobbying compensation reporting

14  requirements of s. 11.045 or s. 112.3215, whichever is

15  applicable, except that the audit scope may not include the

16  timeliness of the filing.

17         2.  The random selection of lobbying firms to be

18  audited shall be done in a manner pursuant to which the

19  identity of any particular lobbying firm selected for audit is

20  unknown to the Auditor General or the Auditor General's staff

21  prior to selection.

22         3.  The Auditor General shall adopt guidelines which

23  govern random audits and field investigations conducted

24  pursuant to this paragraph.  The guidelines shall ensure that

25  similarly situated compensation reports are audited in a

26  uniform manner.  The guidelines shall also be formulated to

27  accomplish the following purposes:

28         a.  The audits should encourage compliance and detect

29  violations of the legislative and executive lobbying

30  compensation reporting requirements in s. 11.045 and s.

31  112.3215;


                                  31

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






    CS for SB 2646                                 First Engrossed



 1         b.  The audits should be conducted with maximum

 2  efficiency in a cost-effective manner; and

 3         c.  The audits should be as unobtrusive as possible

 4  consistent with the foregoing purposes.

 5  

 6  In adopting the guidelines, the Auditor General shall consider

 7  relevant guidelines and standards of the American Institute of

 8  Certified Public Accountants to the extent such guidelines and

 9  standards are applicable and consistent with the purposes set

10  forth in this subparagraph.

11         4.  The Auditor General shall forward all legislative

12  lobbying final audit reports to the legislative committees

13  designated in s. 11.045, and shall forward all executive

14  lobbying final audit reports to the Florida Commission on

15  Ethics.

16  

17  The Auditor General shall perform his or her duties

18  independently but under the general policies established by

19  the Legislative Auditing Committee. This subsection does not

20  limit the Auditor General's discretionary authority to conduct

21  other audits or engagements of governmental entities as

22  authorized in subsection (3).

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

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

25         11.45  Definitions; duties; authorities; reports;

26  rules.--

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

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

29  at the direction of the Legislative Auditing Committee,

30  conduct audits or other engagements as determined appropriate

31  by the Auditor General of:


                                  32

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






    CS for SB 2646                                 First Engrossed



 1         (a)  The accounts and records of any governmental

 2  entity created or established by law.

 3         (b)  The information technology programs, activities,

 4  functions, or systems of any governmental entity created or

 5  established by law.

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

 7  created or established by law.

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

 9  organization or citizen support organization created or

10  established by law. The Auditor General is authorized to

11  require and receive any records from the direct-support

12  organization or citizen support organization, or from its

13  independent auditor.

14         (e)  The public records associated with any

15  appropriation made by the Legislature to a nongovernmental

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

17  nongovernmental agency, corporation, or person with respect to

18  the receipt and expenditure of such an appropriation shall be

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

20  other public records are under general law.

21         (f)  State financial assistance provided to any

22  nonstate entity as defined by s. 215.97.

23         (g)  The Tobacco Settlement Financing Corporation

24  created pursuant to s. 215.56005.

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

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

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

28  boards, advisory committees, or similar groups created by

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

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

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


                                  33

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






    CS for SB 2646                                 First Engrossed



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

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

 3  all information identifying such donor or prospective donor

 4  are confidential and exempt from the provisions of s.

 5  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

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

 7         (j)  The Florida Development Finance Corporation or the

 8  capital development board or the programs or entities created

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

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

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

12  prospective donor to the board who desires to remain anonymous

13  and all information identifying such donor or prospective

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

15  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

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

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

18  voluntary contributions on a motor vehicle registration

19  application or on a driver's license application authorized

20  pursuant to ss. 320.023 and 322.081.

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

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

23         (m)  The transportation corporations under contract

24  with the Department of Transportation that are acting on

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

26  urgently needed transportation systems and to assist in the

27  planning and design of such systems pursuant to ss.

28  339.401-339.421.

29         (n)  The acquisitions and divestitures related to the

30  Florida Communities Trust Program created pursuant to chapter

31  380.


                                  34

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






    CS for SB 2646                                 First Engrossed



 1         (o)  The Florida Water Pollution Control Financing

 2  Corporation created pursuant to s. 403.1837.

 3         (p)  The Florida Partnership for School Readiness

 4  created pursuant to s. 411.01.

 5         (q)  The Florida Special Disability Trust Fund

 6  Financing Corporation created pursuant to s. 440.49.

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

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

 9  to s. 445.004.

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

11  contract with the Department of Business and Professional

12  Regulation to provide administrative, investigative,

13  examination, licensing, and prosecutorial support services in

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

15  act of the relevant profession.

16         (t)  The Florida Engineers Management Corporation

17  created pursuant to chapter 471.

18         (u)  The Investment Fraud Restoration Financing

19  Corporation created pursuant to chapter 517.

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

21  conducts race meetings or jai alai exhibitions under chapter

22  550.

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

24  known as the Prison Rehabilitative Industries and Diversified

25  Enterprises, Inc., or PRIDE Enterprises.

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

27         (y)  The accounts and records of any principal,

28  lobbying firm, or lobbyist relating to compliance with the

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

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

31  include the timeliness of the filing. Any audit conducted


                                  35

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






    CS for SB 2646                                 First Engrossed



 1  pursuant to this paragraph shall be done in accordance with

 2  the guidelines for random audits established pursuant to

 3  subparagraph (2)(m)4. The Auditor General shall forward all

 4  legislative lobbying final audit reports to the legislative

 5  committees designated in s. 11.045, and shall forward all

 6  executive and Constitution Revision Commission lobbying final

 7  audit reports to the Florida Commission on Ethics.

 8         Section 6.  Section 112.3215, Florida Statutes, is

 9  amended to read:

10         112.3215  Lobbying Lobbyists before the executive

11  branch or the Constitution Revision Commission; registration

12  and reporting; 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 lobbying firm,

22  directly or indirectly, by a principal.

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)1.(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.


                                  36

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






    CS for SB 2646                                 First Engrossed



 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         2.  Food and beverages paid for or provided, directly

 7  or indirectly, by a lobbyist or principal to, or for the

 8  benefit of, an agency official or employee or a member or

 9  employee of the Constitution Revision Commission is deemed an

10  attempt to obtain such person's goodwill unless the lobbyist

11  or principal is the person's parent, spouse, child, or

12  sibling.

13         (f)  "Lobbying firm" means a business entity, including

14  an individual contract lobbyist, that receives or becomes

15  entitled to receive any compensation for the purpose of

16  lobbying, where any partner, owner, officer, or employee of

17  the business entity is a lobbyist.

18         (g)(e)  "Lobbyist" means a person who is employed and

19  receives payment, or who contracts for economic consideration,

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

21  employed for governmental affairs by another person or

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

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

24  is:

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

26  in a judicial proceeding or in a formal administrative

27  proceeding conducted pursuant to chapter 120 or any other

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

29  authority of this state.

30  

31  


                                  37

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






    CS for SB 2646                                 First Engrossed



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

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

 3  her duties.

 4         3.  A confidential informant who is providing, or

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

 6  enforcement purposes.

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

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

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

10         (h)(f)  "Principal" means the person, firm,

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

12  lobbyist, including a lobbying firm that subcontracts work.

13         (2)  The Executive Branch Lobby Registration Trust Fund

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

15  purpose of funding any office established to administer the

16  registration of lobbyists lobbying an agency, including the

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

18  subject to the service charge to General Revenue provisions of

19  chapter 215. All annual registration fees collected pursuant

20  to this section shall be deposited into such fund.

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

22  has registered as a lobbyist with the commission.  Such

23  registration shall be due upon initially being retained to

24  lobby and is renewable on a calendar year basis thereafter. No

25  person convicted of a felony shall register as a lobbyist

26  pursuant to this subsection, until the person: has been

27  released from incarceration and any postconviction

28  supervision, and has paid all court costs and court-ordered

29  restitution; has had his or her civil rights restored; and,

30  has been authorized by majority vote of the Governor and

31  Cabinet to register as a lobbyist. Upon registration the


                                  38

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






    CS for SB 2646                                 First Engrossed



 1  person shall provide a statement signed by the principal or

 2  principal's representative that the registrant is authorized

 3  to represent the principal. The principal shall also designate

 4  the most recent North American Industry Classification System

 5  numerical code and corresponding index entry that most

 6  accurately describes the principal's main business on the

 7  statement authorizing the principal's designated lobbyist. The

 8  registration shall require each the lobbyist to disclose,

 9  under oath, the following information:

10         (a)  Name and business address;

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

12  represented;

13         (c)  His or her area of interest;

14         (d)  The agencies before which he or she will appear;

15  and

16         (e)  The existence of any direct or indirect business

17  association, partnership, or financial relationship with any

18  employee of an agency with which he or she lobbies, or intends

19  to lobby, as disclosed in the registration.

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

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

22  principal represented.

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

24  commission, quarterly biannually, a signed expenditure report

25  summarizing all lobbying expenditures by the lobbyist and the

26  principal for each 3-month 6-month period during any portion

27  of which the lobbyist is registered.  All expenditures made by

28  the lobbyist and the principal for the purpose of lobbying

29  must be reported. Reporting of expenditures shall be on an

30  accrual basis. The report of such expenditures must identify

31  whether the expenditure was made directly by the lobbyist,


                                  39

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






    CS for SB 2646                                 First Engrossed



 1  directly by the principal, initiated or expended by the

 2  lobbyist and paid for by the principal, or initiated or

 3  expended by the principal and paid for by the lobbyist. The

 4  principal is responsible for the accuracy of the expenditures

 5  reported as lobbying expenditures made by the principal. The

 6  lobbyist is responsible for the accuracy of the expenditures

 7  reported as lobbying expenditures made by the lobbyist.

 8  Expenditures made must be reported in the aggregate in either

 9  the category "food and beverages" or "novelty items." by the

10  category of the expenditure, including, but not limited to,

11  the categories of food and beverages, entertainment, research,

12  communication, media advertising, publications, travel, and

13  lodging. For each expenditure that comprises part of the

14  aggregate total reported in the "food and beverages" category,

15  the report must also include the full name and address of each

16  person to whom the expenditure was made; the date of the

17  expenditure; and, the name, title, and agency of the official,

18  member, or employee for whom the expenditure was made.  Lobby

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

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

21  meals, and travel.

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

23  lobbyists shall designate one lobbyist whose expenditure

24  report shall include all lobbying expenditures made directly

25  by the principal and those expenditures of the designated

26  lobbyist on behalf of that principal as required by paragraph

27  (a). All other lobbyists registered to represent that

28  principal shall file a report pursuant to paragraph (a). The

29  report of lobbying expenditures by the principal shall be made

30  pursuant to the requirements of paragraph (a). The principal

31  is responsible for the accuracy of figures reported by the


                                  40

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






    CS for SB 2646                                 First Engrossed



 1  designated lobbyist as lobbying expenditures made directly by

 2  the principal. The designated lobbyist is responsible for the

 3  accuracy of the figures reported as lobbying expenditures made

 4  by that lobbyist.

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

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

 7  principal's lobbying interest that were lobbied during the

 8  reporting period.

 9         2.  For each general area of lobbying interest

10  designated, the lobbyist shall provide a detailed written

11  description of all specific issues lobbied within the general

12  area.

13         (d)1.  Each lobbying firm shall file a compensation

14  statement with the commission for each calendar quarter during

15  any portion of which one or more of the firm's lobbyists were

16  registered to represent a principal. The report shall include

17  the:

18         a.  Full name, business address, and telephone number

19  of the lobbying firm;

20         b.  Name of each of the firm's lobbyists; and,

21         c.  Total compensation provided or owed to the lobbying

22  firm from all principals for the reporting period, reported in

23  one of the following categories: $0; less than $10,000;

24  $10,000 to $49,999; $50,000 to $99,999; $100,000 to $249,999;

25  $250,000 to $499,999; $500,000 to $999,999; $1 million or

26  more.

27         2.  For each principal represented by one or more of

28  the firm's lobbyists, the compensation report shall also

29  include the:

30         a.  Full name, business address, and telephone number

31  of the principal;


                                  41

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






    CS for SB 2646                                 First Engrossed



 1         b.  Total compensation provided or owed to the lobbying

 2  firm for the reporting period, reported in one of the

 3  following categories:  $0; less than $5,000; $5,000 to $9,999;

 4  $10,000 to $14,999; $15,000 to $19,999; $20,000 to $24,999;

 5  $25,000 to $29,999; $30,000 to $34,999; $35,000 to $39,999;

 6  $40,000 to $44,999; $45,000 or more.  If the category "$45,000

 7  or more" is selected, the specific dollar amount of

 8  compensation must be reported, rounded up or down to the

 9  nearest $1,000;

10         c.  Cumulative year-to-date compensation provided or

11  owed to the lobbying firm, reported in one of the following

12  categories: $0; less than $5,000; $5,000 to $9,999; $10,000 to

13  $24,999; $25,000 to $49,999; $50,000 to $99,000; $100,000 or

14  more; and,

15         d.  If the lobbying firm is reporting compensation

16  resulting from a subcontracting agreement with another

17  lobbying firm, the full name and business address of the

18  principal originating the lobbying work.

19         3.  The senior partner, officer, or owner of the

20  lobbying firm shall certify to the veracity and completeness

21  of the information submitted pursuant to this paragraph.

22         (e)(c)  For each reporting period the commission shall

23  aggregate the expenditures of all lobbyists for a principal

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

25  shall aggregate figures that provide a cumulative total of

26  expenditures reported as spent by and on behalf of each

27  principal for the calendar year. For each principal

28  represented by more than one lobbying firm, the commission

29  shall also aggregate the reporting-period and calendar-year

30  compensation reported as provided or owed by the principal.

31  


                                  42

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






    CS for SB 2646                                 First Engrossed



 1         (f)(d)  The compensation and expenditure reporting

 2  statements shall be filed no later than 45 days after the end

 3  of each reporting period. and shall include the expenditures

 4  for the period The four reporting periods are from January 1

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

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

 7  respectively.

 8         (g)(e)  Reports shall be filed not later than 5 p.m. of

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

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

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

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

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

14  mailing, or a receipt from an established courier company

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

16  of mailing in a timely manner.

17         (h)(f)  The commission shall provide by rule a

18  procedure by which a lobbying firm or lobbyist who fails to

19  timely file a report shall be notified and assessed fines.

20  The rule shall provide for the following:

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

22  person designated to review the timeliness of reports shall

23  immediately notify the lobbying firm or lobbyist as to the

24  failure to timely file the report and that a fine is being

25  assessed for each late day. The fine shall be $50 per day per

26  report for each late day up to a maximum of $5,000 per late

27  report.

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

29  to review the timeliness of reports shall determine the amount

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

31  


                                  43

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






    CS for SB 2646                                 First Engrossed



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

 2  registration and reporting office.

 3         b.  When the report is postmarked.

 4         c.  When the certificate of mailing is dated.

 5         d.  When the receipt from an established courier

 6  company is dated.

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

 8  notice of payment due is transmitted by the Lobbyist

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

10  The moneys shall be deposited into the Executive Branch Lobby

11  Registration Trust Fund.

12         4.  A fine shall not be assessed against a lobbying

13  firm or lobbyist the first time any reports for which the

14  lobbying firm or lobbyist is responsible are not timely filed.

15  However, to receive the one-time fine waiver, all reports for

16  which the lobbying firm or lobbyist is responsible must be

17  filed within 30 days after the notice that any reports have

18  not been timely filed is transmitted by the Lobbyist

19  Registration Office. A fine shall be assessed for any

20  subsequent late-filed reports.

21         5.  Any lobbying firm or lobbyist may appeal or dispute

22  a fine, based upon unusual circumstances surrounding the

23  failure to file on the designated due date, and may request

24  and shall be entitled to a hearing before the commission,

25  which shall have the authority to waive the fine in whole or

26  in part for good cause shown.  Any such request shall be made

27  within 30 days after the notice of payment due is transmitted

28  by the Lobbyist Registration Office.  In such case, the

29  lobbying firm or lobbyist shall, within the 30-day period,

30  notify the person designated to review the timeliness of

31  


                                  44

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






    CS for SB 2646                                 First Engrossed



 1  reports in writing of his or her intention to bring the matter

 2  before the commission.

 3         6.  The person designated to review the timeliness of

 4  reports shall notify the commission of the failure of a

 5  lobbying firm or lobbyist to file a report after notice or of

 6  the failure of a lobbying firm or lobbyist to pay the fine

 7  imposed.

 8         7.  Notwithstanding any provision of chapter 120, any

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

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

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

12  after the commission renders a final order on the lobbying

13  firm's or lobbyist's appeal shall be collected by the

14  Department of Financial Services as a claim, debt, or other

15  obligation owed to the state, and the department may assign

16  the collection of such fine to a collection agent as provided

17  in s. 17.20.

18         (i)(g)  The commission shall adopt a rule which allows

19  reporting statements to be filed by electronic means, when

20  feasible.

21         (j)1.(h)  Each lobbyist and each principal shall

22  preserve for a period of 4 years all accounts, bills,

23  receipts, computer records, books, papers, and other documents

24  and records necessary to substantiate lobbying expenditures.

25  Any documents and records retained pursuant to this section

26  may be inspected under reasonable circumstances by any

27  authorized representative of the commission. The right of

28  inspection may be enforced in circuit court by appropriate

29  writ issued by any court of competent jurisdiction.

30         2.  Each lobbying firm and each principal shall

31  preserve for a period of 4 years all accounts, bills,


                                  45

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






    CS for SB 2646                                 First Engrossed



 1  receipts, computer records, books, papers, and other documents

 2  and records necessary to substantiate compensation. Any

 3  documents and records retained pursuant to this section may be

 4  subpoenaed for audit by the Auditor General pursuant to s.

 5  11.45 and such subpoena may be enforced in circuit court.

 6         (6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or

 7  any other provision of law to the contrary, no lobbyist or

 8  principal shall make, directly or indirectly, and no agency

 9  official, member, or employee shall knowingly accept, directly

10  or indirectly, any lobbying expenditure, except for:

11         1.  Food and beverages:

12         a.  Consumed at a single sitting or meal;

13         b.  Paid for solely by lobbyists or principals who are

14  present for the duration of the sitting or meal;

15         c.  Where the actual value attributable to officials,

16  members, and employees of the agency or commission is

17  determinable;

18         d.  Provided that the actual gross value attributable

19  to an agency official, member, or employee from all lobbyists

20  and principals paying for the food and beverages, including

21  any value attributable pursuant to paragraph (b), does not

22  exceed $100.

23         (b)  The value of any food and beverages provided to a

24  spouse or child of an agency official, member, or employee

25  shall be attributed to such official, member, or employee.

26         (c)  No principal shall provide compensation for

27  lobbying to any individual or business entity that is not a

28  lobbying firm.

29         (7)(6)  A lobbyist shall promptly send a written

30  statement to the commission canceling the registration for a

31  principal upon termination of the lobbyist's representation of


                                  46

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






    CS for SB 2646                                 First Engrossed



 1  that principal.  Notwithstanding this requirement, the

 2  commission may remove the name of a lobbyist from the list of

 3  registered lobbyists if the principal notifies the office that

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

 5  Each lobbyist is responsible for filing an expenditure report

 6  for each period during any portion of which he or she was

 7  registered, and each principal is responsible for seeing that

 8  an expenditure report is filed for each period during any

 9  portion of which the principal was represented by a registered

10  lobbyist.

11         (8)(a)(7)  The commission shall investigate every sworn

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

13  by this section has failed to register, has failed to submit a

14  compensation or an expenditure report, or has knowingly

15  submitted false information in any report or registration

16  required in this section.

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

18  relating to the investigation are confidential and exempt from

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

20  State Constitution, and any meetings held pursuant to an

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

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

23  the alleged violator requests in writing that such

24  investigation and associated records and meetings be made

25  public or until the commission determines, based on the

26  investigation, whether probable cause exists to believe that a

27  violation has occurred.

28         (c)  The commission shall investigate any lobbying firm

29  upon receipt of compensation-reporting audit information

30  indicating a possible violation other than a late-filed

31  report.


                                  47

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






    CS for SB 2646                                 First Engrossed



 1         (9)(8)  If the commission finds no probable cause to

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

 3  dismiss the complaint, whereupon the complaint, together with

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

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

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

 7  findings, and summary to the complainant and the alleged

 8  violator.  If, after investigating compensation-reporting

 9  audit information, the commission finds no probable cause to

10  believe that a violation of this section occurred, a written

11  statement of the findings of the investigation and a summary

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

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

14  the alleged violator. If the commission finds probable cause

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

16  results of its investigation to the Governor and Cabinet and

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

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

19  the disposition of the complaint or the compensation-reporting

20  audit information shall then become public records. Upon

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

22  person whom the commission finds probable cause to believe has

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

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

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

26  within 14 days following the mailing of the probable cause

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

28  motion require a public hearing and may conduct such further

29  investigation as it deems necessary.

30         (10)(9)  If the Governor and Cabinet finds that a

31  violation occurred, it may reprimand the violator, censure the


                                  48

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






    CS for SB 2646                                 First Engrossed



 1  violator, or prohibit the violator from lobbying all agencies

 2  for a period not to exceed 2 years. If the violator is a

 3  lobbying firm, the Governor and Cabinet may also assess a fine

 4  of not more than $5,000 to be deposited in the Executive

 5  Branch Lobby Registration Trust Fund.

 6         (11)(10)  Any person, when in doubt about the

 7  applicability and interpretation of this section to himself or

 8  herself in a particular context, may submit in writing the

 9  facts of the situation to the commission with a request for an

10  advisory opinion to establish the standard of duty.  An

11  advisory opinion shall be rendered by the commission and,

12  until amended or revoked, shall be binding on the conduct of

13  the person who sought the opinion, unless material facts were

14  omitted or misstated in the request.

15         (12)(11)  Agencies shall be diligent to ascertain

16  whether persons required to register pursuant to this section

17  have complied.  An agency may not knowingly permit a person

18  who is not registered pursuant to this section to lobby the

19  agency.

20         (13)(12)  Upon discovery of violations of this section

21  an agency or any person may file a sworn complaint with the

22  commission.

23         (14)(13)  The commission shall adopt rules to

24  administer this section, which shall prescribe forms for

25  registration, compensation, and expenditure reports,

26  procedures for registration, and procedures that will prevent

27  disclosure of information that is confidential as provided in

28  this section.

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

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

31  amended to read:


                                  49

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






    CS for SB 2646                                 First Engrossed



 1         112.3215  Lobbying before the executive branch or the

 2  Constitution Revision Commission; registration and reporting;

 3  investigation by commission.--

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

 5  commission, quarterly, a signed expenditure report summarizing

 6  all lobbying expenditures by the lobbyist and the principal

 7  for each 3-month period during any portion of which the

 8  lobbyist is registered.  All expenditures made by the lobbyist

 9  and the principal for the purpose of lobbying must be

10  reported. Reporting of expenditures shall be on an accrual

11  basis. The report of such expenditures must identify whether

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

13  the principal, initiated or expended by the lobbyist and paid

14  for by the principal, or initiated or expended by the

15  principal and paid for by the lobbyist. The principal is

16  responsible for the accuracy of the expenditures reported as

17  lobbying expenditures made by the principal. The lobbyist is

18  responsible for the accuracy of the expenditures reported as

19  lobbying expenditures made by the lobbyist. Expenditures made

20  must be reported in the aggregate in either the category "food

21  and beverages" or "novelty items." For each expenditure that

22  comprises part of the aggregate total reported in the "food

23  and beverages" category, the report must also include the full

24  name and address of each person to whom the expenditure was

25  made; the date of the expenditure; and, the name, title, and

26  agency of the official, member, or employee for whom the

27  expenditure was made.  Lobby expenditures do not include a

28  lobbyist's or principal's salary, office expenses, and

29  personal expenses for lodging, meals, and travel.

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

31  lobbyists shall designate one lobbyist whose expenditure


                                  50

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






    CS for SB 2646                                 First Engrossed



 1  report shall include all lobbying expenditures made directly

 2  by the principal and those expenditures of the designated

 3  lobbyist on behalf of that principal as required by paragraph

 4  (a). All other lobbyists registered to represent that

 5  principal shall file a report pursuant to paragraph (a). The

 6  report of lobbying expenditures by the principal shall be made

 7  pursuant to the requirements of paragraph (a). The principal

 8  is responsible for the accuracy of figures reported by the

 9  designated lobbyist as lobbying expenditures made directly by

10  the principal. The designated lobbyist is responsible for the

11  accuracy of the figures reported as lobbying expenditures made

12  by that lobbyist.

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

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

15  principal's legislative interest that were lobbied during the

16  reporting period.

17         2.  For each general area of legislative interest

18  designated, the lobbyist shall provide a detailed written

19  description of all specific issues lobbied within the general

20  area.

21         (d)1.  Each lobbying firm shall file a compensation

22  statement with the commission for each calendar quarter during

23  any portion of which one or more of the firm's lobbyists were

24  registered to represent a principal. The report shall include

25  the:

26         a.  Full name, business address, and telephone number

27  of the lobbying firm;

28         b.  Name of each of the firm's lobbyists; and,

29         c.  Total compensation provided or owed to the lobbying

30  firm from all principals for the reporting period, reported in

31  one of the following categories: $0; less than $10,000;


                                  51

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






    CS for SB 2646                                 First Engrossed



 1  $10,000 to $49,999; $50,000 to $99,999; $100,000 to $249,999;

 2  $250,000 to $499,999; $500,000 to $999,999; $1 million or

 3  more.

 4         2.  For each principal represented by one or more of

 5  the firm's lobbyists, the compensation report shall also

 6  include the:

 7         a.  Full name, business address, and telephone number

 8  of the principal;

 9         b.  Total compensation provided or owed to the lobbying

10  firm for the reporting period, reported in one of the

11  following categories:  $0; less than $5,000; $5,000 to $9,999;

12  $10,000 to $14,999; $15,000 to $19,999; $20,000 to $24,999;

13  $25,000 to $29,999; $30,000 to $34,999; $35,000 to $39,999;

14  $40,000 to $44,999; $45,000 or more.  If the category "$45,000

15  or more" is selected, the specific dollar amount of

16  compensation must be reported, rounded up or down to the

17  nearest $1,000;

18         c.  Cumulative year-to-date compensation provided or

19  owed to the lobbying firm, reported in one of the following

20  categories: $0; less than $5,000; $5,000 to $9,999; $10,000 to

21  $24,999; $25,000 to $49,999; $50,000 to $99,000; $100,000 or

22  more; and

23         d.  If the lobbying firm is reporting compensation

24  resulting from a subcontracting agreement with another

25  lobbying firm, the full name and business address of the

26  principal originating the lobbying work.

27         3.  The senior partner, officer, or owner of the

28  lobbying firm shall certify to the veracity and completeness

29  of the information submitted pursuant to this paragraph.

30         (e)  For each reporting period the commission shall

31  aggregate the expenditures of all lobbyists for a principal


                                  52

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






    CS for SB 2646                                 First Engrossed



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

 2  shall aggregate figures that provide a cumulative total of

 3  expenditures reported as spent by and on behalf of each

 4  principal for the calendar year. For each principal

 5  represented by more than one lobbying firm, the division shall

 6  also aggregate the reporting-period and calendar-year

 7  compensation reported as provided or owed by the principal.

 8         (f)  The compensation and expenditure reporting

 9  statements shall be filed no later than 45 days after the end

10  of each reporting period. The four reporting periods are from

11  January 1 through March 31, April 1 through June 30, July 1

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

13  respectively.  Reporting statements must be filed by

14  electronic means as provided in s. 112.32155.

15         (g)  Reports shall be filed not later than 5 p.m. of

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

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

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

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

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

21  mailing, or a receipt from an established courier company

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

23  of mailing in a timely manner.

24         (g)(h)  The commission shall provide by rule a

25  procedure by which a lobbying firm or lobbyist who fails to

26  timely file a report shall be notified and assessed fines.

27  The rule shall provide for the following:

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

29  person designated to review the timeliness of reports shall

30  immediately notify the lobbying firm or lobbyist as to the

31  failure to timely file the report and that a fine is being


                                  53

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






    CS for SB 2646                                 First Engrossed



 1  assessed for each late day. The fine shall be $50 per day per

 2  report for each late day up to a maximum of $5,000 per late

 3  report.

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

 5  to review the timeliness of reports shall determine the amount

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

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

 8  registration and reporting office.

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

10  112.32155 is dated. When the report is postmarked.

11         c.  When the certificate of mailing is dated.

12         d.  When the receipt from an established courier

13  company is dated.

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

15  notice of payment due is transmitted by the Lobbyist

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

17  The moneys shall be deposited into the Executive Branch Lobby

18  Registration Trust Fund.

19         4.  A fine shall not be assessed against a lobbying

20  firm or lobbyist the first time any reports for which the

21  lobbying firm or lobbyist is responsible are not timely filed.

22  However, to receive the one-time fine waiver, all reports for

23  which the lobbying firm or lobbyist is responsible must be

24  filed within 30 days after the notice that any reports have

25  not been timely filed is transmitted by the Lobbyist

26  Registration Office. A fine shall be assessed for any

27  subsequent late-filed reports.

28         5.  Any lobbying firm or lobbyist may appeal or dispute

29  a fine, based upon unusual circumstances surrounding the

30  failure to file on the designated due date, and may request

31  and shall be entitled to a hearing before the commission,


                                  54

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






    CS for SB 2646                                 First Engrossed



 1  which shall have the authority to waive the fine in whole or

 2  in part for good cause shown.  Any such request shall be made

 3  within 30 days after the notice of payment due is transmitted

 4  by the Lobbyist Registration Office.  In such case, the

 5  lobbying firm or lobbyist shall, within the 30-day period,

 6  notify the person designated to review the timeliness of

 7  reports in writing of his or her intention to bring the matter

 8  before the commission.

 9         6.  The person designated to review the timeliness of

10  reports shall notify the commission of the failure of a

11  lobbying firm or lobbyist to file a report after notice or of

12  the failure of a lobbying firm or lobbyist to pay the fine

13  imposed.

14         7.  Notwithstanding any provision of chapter 120, any

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

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

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

18  after the commission renders a final order on the lobbying

19  firm's or lobbyist's appeal shall be collected by the

20  Department of Financial Services as a claim, debt, or other

21  obligation owed to the state, and the department may assign

22  the collection of such fine to a collection agent as provided

23  in s. 17.20.

24         (i)  The commission shall adopt a rule which allows

25  reporting statements to be filed by electronic means, when

26  feasible.

27         (h)1.(j)  Each lobbyist and each principal shall

28  preserve for a period of 4 years all accounts, bills,

29  receipts, computer records, books, papers, and other documents

30  and records necessary to substantiate lobbying expenditures.

31  Any documents and records retained pursuant to this section


                                  55

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






    CS for SB 2646                                 First Engrossed



 1  may be inspected under reasonable circumstances by any

 2  authorized representative of the commission. The right of

 3  inspection may be enforced in circuit court.

 4         2.  Each lobbying firm and each principal shall

 5  preserve for a period of 4 years all accounts, bills,

 6  receipts, computer records, books, papers, and other documents

 7  and records necessary to substantiate compensation. Any

 8  documents and records retained pursuant to this section may be

 9  subpoenaed for audit by the Auditor General pursuant to s.

10  11.45 and such subpoena may be enforced in circuit court.

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

12  Florida Statutes, is created to read:

13         112.32155  Electronic filing of compensation and

14  expenditure reports.--

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

16  filing system" means an Internet system for recording and

17  reporting lobbying compensation, expenditures, and other

18  required information by reporting period.

19         (2)  Each lobbying firm or lobbyist who is required to

20  file reports with the Commission on Ethics pursuant to s.

21  112.3215 must file such reports with the commission by means

22  of the electronic filing system.

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

24  completed and filed through the electronic filing system not

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

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

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

28  112.3215(5).

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

30  considered to be certified as accurate and complete by the

31  lobbyist, the lobbying firm, or the designated lobbyist and


                                  56

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






    CS for SB 2646                                 First Engrossed



 1  principal, whichever is applicable.  Persons given a secure

 2  sign-on to the electronic filing system are responsible for

 3  protecting it from disclosure and are responsible for all

 4  filings using such credentials, unless they have notified the

 5  division that their credentials have been compromised.

 6         (5)  The electronic filing system must:

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

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

 9  standard web-browsing software.

10         (c)  Provide for direct entry of compensation-report

11  and expenditure-report information as well as upload of such

12  information from software authorized by the commission.

13         (d)  Provide a method that prevents unauthorized access

14  to electronic filing system functions.

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

16  implement and administer this section, including, but not

17  limited to:

18         (a)  Alternate filing procedures in case the electronic

19  filing system is not operable.

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

21  person submitting the report indicating and verifying the date

22  and time that the report was filed.

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

24  available on the Internet in an easily understood and

25  accessible format. The Internet web site shall also include,

26  but not be limited to, the names and business addresses of

27  lobbyists, lobbying firms, and principals, affiliations

28  between lobbyists and principals, and the North American

29  Industry Classification code and corresponding index entry

30  identified by each principal pursuant to s. 112.3215(3).

31  


                                  57

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






    CS for SB 2646                                 First Engrossed



 1         Section 9.  The first compensation and expenditure

 2  reports subject to the amended reporting requirements in this

 3  act must be filed by May 15, 2006, and encompass the reporting

 4  period from January 1, 2006, through March 31, 2006.

 5         Section 10.  Except as otherwise provided, this act

 6  shall take effect January 1, 2006, except that the provisions

 7  relating to the prohibition of legislative and executive

 8  lobbying by felons shall take effect March 15, 2006.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  58

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