Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. SB 6-B
                        Barcode 892464
                            CHAMBER ACTION
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       12/08/2005 01:09 PM         .                    
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11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 11.045, Florida Statutes, is
18  amended to read:
19         11.045  Lobbying before the Legislature Lobbyists;
20  registration and reporting; exemptions; penalties.--
21         (1)  As used in this section, unless the context
22  otherwise requires:
23         (a)  "Committee" means the committee of each house
24  charged by the presiding officer with responsibility for
25  ethical conduct of lobbyists.
26         (b)  "Compensation" means a payment, distribution,
27  loan, advance, reimbursement, deposit, salary, fee, retainer,
28  or anything of value provided or owed to a lobbying firm,
29  directly or indirectly, by a principal for any lobbying
30  activity.
31         (c)(b)  "Division" means the Division of Legislative
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 Information Services within the Office of Legislative 2 Services. 3 (d)(c) "Expenditure" means a payment, distribution, 4 loan, advance, reimbursement, deposit, or anything of value 5 made by a lobbyist or principal for the purpose of lobbying. A 6 contribution made to a political party regulated under chapter 7 103 is not deemed an expenditure for purposes of this section. 8 (e)(d) "Legislative action" means introduction, 9 sponsorship, testimony, debate, voting, or any other official 10 action on any measure, resolution, amendment, nomination, 11 appointment, or report of, or any matter which may be the 12 subject of action by, either house of the Legislature or any 13 committee thereof. 14 (f)(e) "Lobbying" means influencing or attempting to 15 influence legislative action or nonaction through oral or 16 written communication or an attempt to obtain the goodwill of 17 a member or employee of the Legislature. 18 (g) "Lobbying firm" means any business entity, 19 including an individual contract lobbyist, that receives or 20 becomes entitled to receive any compensation for the purpose 21 of lobbying, where any partner, owner, officer, or employee of 22 the business entity is a lobbyist. 23 (h)(f) "Lobbyist" means a person who is employed and 24 receives payment, or who contracts for economic consideration, 25 for the purpose of lobbying, or a person who is principally 26 employed for governmental affairs by another person or 27 governmental entity to lobby on behalf of that other person or 28 governmental entity. 29 (i)(g) "Principal" means the person, firm, 30 corporation, or other entity which has employed or retained a 31 lobbyist. 2 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 (2) Each house of the Legislature shall provide by 2 rule, or may provide by a joint rule adopted by both houses, 3 for the registration of lobbyists who lobby the Legislature. 4 The rule may provide for the payment of a registration fee. 5 The rule may provide for exemptions from registration or 6 registration fees. The rule shall provide that: 7 (a) Registration is required for each principal 8 represented. 9 (b) Registration shall include a statement signed by 10 the principal or principal's representative that the 11 registrant is authorized to represent the principal. The 12 principal shall also identify and designate its main business 13 on the statement authorizing that lobbyist pursuant to a 14 classification system approved by the Office of Legislative 15 Services. 16 (c) A registrant shall promptly send a written 17 statement to the division canceling the registration for a 18 principal upon termination of the lobbyist's representation of 19 that principal. Notwithstanding this requirement, the division 20 may remove the name of a registrant from the list of 21 registered lobbyists if the principal notifies the office that 22 a person is no longer authorized to represent that principal. 23 (d) Every registrant shall be required to state the 24 extent of any direct business association or partnership with 25 any current member of the Legislature. 26 (e) Each lobbying firm lobbyist and each principal 27 shall preserve for a period of 4 years all accounts, bills, 28 receipts, computer records, books, papers, and other documents 29 and records necessary to substantiate compensation lobbying 30 expenditures. Any documents and records retained pursuant to 31 this section may be subpoenaed for audit by legislative 3 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 subpoena of either house of the Legislature, and the subpoena 2 inspected under reasonable circumstances by any authorized 3 representative of the Legislature. The right of inspection may 4 be enforced in circuit court by appropriate writ issued by any 5 court of competent jurisdiction. 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 (3) Each house of the Legislature shall provide by 10 rule the following reporting requirements: 11 (a)1. Each lobbying firm shall file a compensation 12 report with the division for each calendar quarter during any 13 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; $1 to $49,999; $50,000 to 22 $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 23 to $999,999; $1 million or more. 24 2. For each principal represented by one or more of 25 the firm's lobbyists, the lobbying firm's compensation report 26 shall also include the: 27 a. Full name, business address, and telephone number 28 of the principal; and 29 b. Total compensation provided or owed to the lobbying 30 firm for the reporting period, reported in one of the 31 following categories: $0; $1 to $9,999; $10,000 to $19,999; 4 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or 2 $50,000 or more. If the category, "$50,000 or more" is 3 selected, the specific dollar amount of compensation must be 4 reported, rounded up or down to the nearest $1,000. 5 3. If the lobbying firm subcontracts work from another 6 lobbying firm and not from the original principal: 7 a. The lobbying firm providing the work to be 8 subcontracted shall be treated as the reporting lobbying 9 firm's principal for reporting purposes under this paragraph; 10 and 11 b. The reporting lobbying firm shall, for each 12 lobbying firm identified under subparagraph 2., identify the 13 name and address of the principal originating the lobbying 14 work. 15 4. The senior partner, officer, or owner of the 16 lobbying firm shall certify to the veracity and completeness 17 of the information submitted pursuant to this paragraph, and 18 certify that no compensation has been omitted from this report 19 by deeming such compensation as "consulting services," "media 20 services," "professional services," or anything other than 21 compensation, and certify that no officer or employee of the 22 firm has made an expenditure in violation of this section. 23 (b) For each principal represented by more than one 24 lobbying firm, the division shall aggregate the 25 reporting-period and calendar-year compensation reported as 26 provided or owed by the principal. 27 (a) Statements shall be filed by all registered 28 lobbyists two times per year, which must disclose all lobbying 29 expenditures by the lobbyist and the principal and the source 30 of funds for such expenditures. All expenditures made by the 31 lobbyist and the principal for the purpose of lobbying must be 5 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 reported. Reporting of expenditures shall be made on an 2 accrual basis. The report of such expenditures must identify 3 whether the expenditure was made directly by the lobbyist, 4 directly by the principal, initiated or expended by the 5 lobbyist and paid for by the principal, or initiated or 6 expended by the principal and paid for by the lobbyist. The 7 principal is responsible for the accuracy of the expenditures 8 reported as lobbying expenditures made by the principal. The 9 lobbyist is responsible for the accuracy of the expenditures 10 reported as lobbying expenditures made by the lobbyist. 11 Expenditures made must be reported by the category of the 12 expenditure, including, but not limited to, the categories of 13 food and beverages, entertainment, research, communication, 14 media advertising, publications, travel, and lodging. Lobbying 15 expenditures do not include a lobbyist's or principal's 16 salary, office expenses, and personal expenses for lodging, 17 meals, and travel. 18 (b) If a principal is represented by two or more 19 lobbyists, the first lobbyist who registers to represent that 20 principal shall be the designated lobbyist. The designated 21 lobbyist's expenditure report shall include all lobbying 22 expenditures made directly by the principal and those 23 expenditures of the designated lobbyist on behalf of that 24 principal as required by paragraph (a). All other lobbyists 25 registered to represent that principal shall file a report 26 pursuant to paragraph (a). The report of lobbying expenditures 27 by the principal shall be made pursuant to the requirements of 28 paragraph (a). The principal is responsible for the accuracy 29 of figures reported by the designated lobbyist as lobbying 30 expenditures made directly by the principal. The designated 31 lobbyist is responsible for the accuracy of the figures 6 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 reported as lobbying expenditures made by that lobbyist. Each 2 lobbyist shall file an expenditure report for each period 3 during any portion of which he or she was registered, and each 4 principal shall ensure that an expenditure report is filed for 5 each period during any portion of which the principal was 6 represented by a registered lobbyist. 7 (c) For each reporting period the division shall 8 aggregate the expenditures reported by all of the lobbyists 9 for a principal represented by more than one lobbyist. 10 Further, the division shall aggregate figures that provide a 11 cumulative total of expenditures reported as spent by and on 12 behalf of each principal for the calendar year. 13 (c)(d) The reporting statements shall be filed no 14 later than 45 days after the end of each the reporting period. 15 The four reporting periods are The first report shall include 16 the expenditures for the period from January 1 through March 17 31, April 1 through June 30, July 1 through September 30, and 18 October 1 through December 31, respectively June 30. The 19 second report shall disclose expenditures for the period from 20 July 1 through December 31. The statements shall be rendered 21 in the identical form provided by the respective houses and 22 shall be open to public inspection. Reporting statements may 23 be filed by electronic means, when feasible. 24 (d)(e) Reports shall be filed not later than 5 p.m. of 25 the report due date. However, any report that is postmarked by 26 the United States Postal Service no later than midnight of the 27 due date shall be deemed to have been filed in a timely 28 manner, and a certificate of mailing obtained from and dated 29 by the United States Postal Service at the time of the 30 mailing, or a receipt from an established courier company 31 which bears a date on or before the due date, shall be proof 7 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 of mailing in a timely manner. 2 (e)(f) Each house of the Legislature shall provide by 3 rule, or both houses may provide by joint rule, a procedure by 4 which a lobbying firm that lobbyist who fails to timely file a 5 report shall be notified and assessed fines. The rule shall 6 provide for the following: 7 1. Upon determining that the report is late, the 8 person designated to review the timeliness of reports shall 9 immediately notify the lobbying firm lobbyist as to the 10 failure to timely file the report and that a fine is being 11 assessed for each late day. The fine shall be $50 per day per 12 report for each late day, not to exceed $5,000 per report. 13 2. Upon receipt of the report, the person designated 14 to review the timeliness of reports shall determine the amount 15 of the fine due based upon the earliest of the following: 16 a. When a report is actually received by the lobbyist 17 registration and reporting office. 18 b. When the report is postmarked. 19 c. When the certificate of mailing is dated. 20 d. When the receipt from an established courier 21 company is dated. 22 3. Such fine shall be paid within 30 days after the 23 notice of payment due is transmitted by the Lobbyist 24 Registration Office, unless appeal is made to the division. 25 The moneys shall be deposited into the Legislative Lobbyist 26 Registration Trust Fund. 27 4. A fine shall not be assessed against a lobbying 28 firm lobbyist the first time any reports for which the 29 lobbying firm lobbyist is responsible are not timely filed. 30 However, to receive the one-time fine waiver, all reports for 31 which the lobbying firm lobbyist is responsible must be filed 8 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 within 30 days after notice that any reports have not been 2 timely filed is transmitted by the Lobbyist Registration 3 Office. A fine shall be assessed for any subsequent late-filed 4 reports. 5 5. Any lobbying firm lobbyist may appeal or dispute a 6 fine, based upon unusual circumstances surrounding the failure 7 to file on the designated due date, and may request and shall 8 be entitled to a hearing before the General Counsel of the 9 Office of Legislative Services, who shall recommend to the 10 President of the Senate and the Speaker of the House of 11 Representatives, or their respective designees, that the fine 12 be waived in whole or in part for good cause shown. The 13 President of the Senate and the Speaker of the House of 14 Representatives, or their respective designees, may concur in 15 the recommendation and waive the fine in whole or in part. Any 16 such request shall be made within 30 days after the notice of 17 payment due is transmitted by the Lobbyist Registration 18 Office. In such case, the lobbying firm lobbyist shall, within 19 the 30-day period, notify the person designated to review the 20 timeliness of reports in writing of his or her intention to 21 request a hearing. 22 6. A lobbying firm lobbyist, a lobbyist's legal 23 representative, or the principal of a lobbyist may request 24 that the filing of a an expenditure report be waived upon good 25 cause shown, based on unusual circumstances. The request must 26 be filed with the General Counsel of the Office of Legislative 27 Services, who shall make a recommendation concerning the 28 waiver request to the President of the Senate and the Speaker 29 of the House of Representatives. The President of the Senate 30 and the Speaker of the House of Representatives may grant or 31 deny the request. 9 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 7. All lobbyist registrations for lobbyists who are 2 partners, owners, officers, or employees of a lobbying firm 3 that fails to timely pay a fine are automatically suspended 4 until the fine is paid or waived, and the division shall 5 promptly notify all affected principals of any suspension or 6 reinstatement. The registration of a lobbyist who fails to 7 timely pay a fine is automatically suspended until the fine is 8 paid or waived. 9 8.7. The person designated to review the timeliness of 10 reports shall notify the director of the division of the 11 failure of a lobbying firm lobbyist to file a report after 12 notice or of the failure of a lobbying firm lobbyist to pay 13 the fine imposed. 14 (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or 15 any other provision of law to the contrary, no lobbyist or 16 principal shall make, directly or indirectly, and no member or 17 employee of the Legislature shall knowingly accept, directly 18 or indirectly, any expenditure, except floral arrangements or 19 other celebratory items given to legislators and displayed in 20 chambers the opening day of a regular session. 21 (b) No person shall provide compensation for lobbying 22 to any individual or business entity that is not a lobbying 23 firm. 24 (5)(4) Each house of the Legislature shall provide by 25 rule a procedure by which a person, when in doubt about the 26 applicability and interpretation of this section in a 27 particular context, may submit in writing the facts for an 28 advisory opinion to the committee of either house and may 29 appear in person before the committee. The rule shall provide 30 a procedure by which: 31 (a) The committee shall render advisory opinions to 10 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 any person who seeks advice as to whether the facts in a 2 particular case would constitute a violation of this section. 3 (b) The committee shall make sufficient deletions to 4 prevent disclosing the identity of persons in the decisions or 5 opinions. 6 (c) All advisory opinions of the committee shall be 7 numbered, dated, and open to public inspection. 8 (6)(5) Each house of the Legislature shall provide by 9 rule for keeping keep all advisory opinions of the committees 10 relating to lobbying firms, lobbyists, and lobbying 11 activities., as well as The rule shall also provide that each 12 house keep a current list of registered lobbyists along with 13 and their respective reports required of lobbying firms under 14 this section, all of which shall be open for public 15 inspection. 16 (7)(6) Each house of the Legislature shall provide by 17 rule that a the committee of either house shall investigate 18 any person engaged in legislative lobbying upon receipt of a 19 sworn complaint alleging a violation of this section, s. 20 112.3148, or s. 112.3149 by such person; also, the rule shall 21 provide that a committee of either house investigate any 22 lobbying firm upon receipt of audit information indicating a 23 possible violation other than a late-filed report. Such 24 proceedings shall be conducted pursuant to the rules of the 25 respective houses. If the committee finds that there has been 26 a violation of this section, s. 112.3148, or s. 112.3149, it 27 shall report its findings to the President of the Senate or 28 the Speaker of the House of Representatives, as appropriate, 29 together with a recommended penalty, to include a fine of not 30 more than $5,000, reprimand, censure, probation, or 31 prohibition from lobbying for a period of time not to exceed 11 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 24 months. Upon the receipt of such report, the President of 2 the Senate or the Speaker of the House of Representatives 3 shall cause the committee report and recommendations to be 4 brought before the respective house and a final determination 5 shall be made by a majority of said house. 6 (8)(7) Any person required to be registered or to 7 provide information pursuant to this section or pursuant to 8 rules established in conformity with this section who 9 knowingly fails to disclose any material fact required by this 10 section or by rules established in conformity with this 11 section, or who knowingly provides false information on any 12 report required by this section or by rules established in 13 conformity with this section, commits a noncriminal 14 infraction, punishable by a fine not to exceed $5,000. Such 15 penalty shall be in addition to any other penalty assessed by 16 a house of the Legislature pursuant to subsection (7)(6). 17 (9)(8) There is hereby created the Legislative 18 Lobbyist Registration Trust Fund, to be used for the purpose 19 of funding any office established for the administration of 20 the registration of lobbyist lobbying the Legislature, 21 including the payment of salaries and other expenses, and for 22 the purpose of paying the expenses incurred by the Legislature 23 in providing services to lobbyists. The trust fund is not 24 subject to the service charge to general revenue provisions of 25 chapter 215. Fees collected pursuant to rules established in 26 accordance with subsection (2) shall be deposited into the 27 Legislative Lobbyist Registration Trust Fund. 28 Section 2. Effective April 1, 2007, subsection (3) of 29 section 11.045, Florida Statutes, as amended by this act, is 30 amended to read: 31 11.045 Lobbying before the Legislature; registration 12 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 and reporting; exemptions; penalties.-- 2 (3) Each house of the Legislature shall provide by 3 rule the following reporting requirements: 4 (a)1. Each lobbying firm shall file a compensation 5 report with the division for each calendar quarter during any 6 portion of which one or more of the firm's lobbyists were 7 registered to represent a principal. The report shall include 8 the: 9 a. Full name, business address, and telephone number 10 of the lobbying firm; 11 b. Name of each of the firm's lobbyists; and 12 c. Total compensation provided or owed to the lobbying 13 firm from all principals for the reporting period, reported in 14 one of the following categories: $0; $1 to $49,999; $50,000 to 15 $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 16 to $999,999; $1 million or more. 17 2. For each principal represented by one or more of 18 the firm's lobbyists, the lobbying firm's compensation report 19 shall also include the: 20 a. Full name, business address, and telephone number 21 of the principal; and 22 b. Total compensation provided or owed to the lobbying 23 firm for the reporting period, reported in one of the 24 following categories: $0; $1 to $9,999; $10,000 to $19,999; 25 $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or 26 $50,000 or more. If the category, "$50,000 or more" is 27 selected, the specific dollar amount of compensation must be 28 reported, rounded up or down to the nearest $1,000. 29 3. If the lobbying firm subcontracts work from another 30 lobbying firm and not from the original principal: 31 a. The lobbying firm providing the work to be 13 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 subcontracted shall be treated as the reporting lobbying 2 firm's principal for reporting purposes under this paragraph; 3 and 4 b. The reporting lobbying firm shall, for each 5 lobbying firm identified under subparagraph 2., identify the 6 name and address of the principal originating the lobbying 7 work. 8 4. The senior partner, officer, or owner of the 9 lobbying firm shall certify to the veracity and completeness 10 of the information submitted pursuant to this paragraph. 11 (b) For each principal represented by more than one 12 lobbying firm, the division shall aggregate the 13 reporting-period and calendar-year compensation reported as 14 provided or owed by the principal. 15 (c) The reporting statements shall be filed no later 16 than 45 days after the end of each reporting period. The four 17 reporting periods are from January 1 through March 31, April 1 18 through June 30, July 1 through September 30, and October 1 19 through December 31, respectively. The statements shall be 20 rendered in the identical form provided by the respective 21 houses and shall be open to public inspection. Reporting 22 statements must may be filed by electronic means as provided 23 in s. 11.0455, when feasible. 24 (d) Reports shall be filed not later than 5 p.m. of 25 the report due date. However, any report that is postmarked by 26 the United States Postal Service no later than midnight of the 27 due date shall be deemed to have been filed in a timely 28 manner, and a certificate of mailing obtained from and dated 29 by the United States Postal Service at the time of the 30 mailing, or a receipt from an established courier company 31 which bears a date on or before the due date, shall be proof 14 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 of mailing in a timely manner. 2 (d)(e) Each house of the Legislature shall provide by 3 rule, or both houses may provide by joint rule, a procedure by 4 which a lobbying firm that fails to timely file a report shall 5 be notified and assessed fines. The rule shall provide for the 6 following: 7 1. Upon determining that the report is late, the 8 person designated to review the timeliness of reports shall 9 immediately notify the lobbying firm as to the failure to 10 timely file the report and that a fine is being assessed for 11 each late day. The fine shall be $50 per day per report for 12 each late day, not to exceed $5,000 per report. 13 2. Upon receipt of the report, the person designated 14 to review the timeliness of reports shall determine the amount 15 of the fine due based upon the earliest of the following: 16 a. When a report is actually received by the lobbyist 17 registration and reporting office. 18 b. When the electronic receipt issued pursuant to s. 19 11.0455 is dated. When the report is postmarked. 20 c. When the certificate of mailing is dated. 21 d. When the receipt from an established courier 22 company is dated. 23 3. Such fine shall be paid within 30 days after the 24 notice of payment due is transmitted by the Lobbyist 25 Registration Office, unless appeal is made to the division. 26 The moneys shall be deposited into the Legislative Lobbyist 27 Registration Trust Fund. 28 4. A fine shall not be assessed against a lobbying 29 firm the first time any reports for which the lobbying firm is 30 responsible are not timely filed. However, to receive the 31 one-time fine waiver, all reports for which the lobbying firm 15 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 is responsible must be filed within 30 days after notice that 2 any reports have not been timely filed is transmitted by the 3 Lobbyist Registration Office. A fine shall be assessed for any 4 subsequent late-filed reports. 5 5. Any lobbying firm may appeal or dispute a fine, 6 based upon unusual circumstances surrounding the failure to 7 file on the designated due date, and may request and shall be 8 entitled to a hearing before the General Counsel of the Office 9 of Legislative Services, who shall recommend to the President 10 of the Senate and the Speaker of the House of Representatives, 11 or their respective designees, that the fine be waived in 12 whole or in part for good cause shown. The President of the 13 Senate and the Speaker of the House of Representatives, or 14 their respective designees, may concur in the recommendation 15 and waive the fine in whole or in part. Any such request shall 16 be made within 30 days after the notice of payment due is 17 transmitted by the Lobbyist Registration Office. In such case, 18 the lobbying firm shall, within the 30-day period, notify the 19 person designated to review the timeliness of reports in 20 writing of his or her intention to request a hearing. 21 6. A lobbying firm may request that the filing of a 22 report be waived upon good cause shown, based on unusual 23 circumstances. The request must be filed with the General 24 Counsel of the Office of Legislative Services, who shall make 25 a recommendation concerning the waiver request to the 26 President of the Senate and the Speaker of the House of 27 Representatives. The President of the Senate and the Speaker 28 of the House of Representatives may grant or deny the request. 29 7. All lobbyist registrations for lobbyists who are 30 partners, owners, officers, or employees of a lobbying firm 31 that fails to timely pay a fine are automatically suspended 16 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 until the fine is paid or waived, and the division shall 2 promptly notify all affected principals of any suspension or 3 reinstatement. 4 8. The person designated to review the timeliness of 5 reports shall notify the director of the division of the 6 failure of a lobbying firm to file a report after notice or of 7 the failure of a lobbying firm to pay the fine imposed. 8 Section 3. Effective April 1, 2007, section 11.0455, 9 Florida Statutes, is created to read: 10 11.0455 Electronic filing of compensation reports and 11 other information.-- 12 (1) As used in this section, the term "electronic 13 filing system" means an Internet system for recording and 14 reporting lobbying compensation and other required information 15 by reporting period. 16 (2) Each lobbying firm that is required to file 17 reports with the Division of Legislative Information Services 18 pursuant to s. 11.045 must file such reports with the division 19 by means of the division's electronic filing system. 20 (3) A report filed pursuant to this section must be 21 completed and filed through the electronic filing system not 22 later than 11:59 p.m. of the day designated in s. 11.045. A 23 report not filed by 11:59 p.m. of the day designated is a 24 late-filed report and is subject to the penalties under s. 25 11.045(3). 26 (4) Each report filed pursuant to this section is 27 considered to meet the certification requirements of s. 28 11.045(3)(a)4., and as such subjects the person responsible 29 for filing and the lobbying firm to the provisions of ss. 30 11.045(7) and (8). Persons given a secure sign-on to the 31 electronic filing system are responsible for protecting it 17 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 from disclosure and are responsible for all filings using such 2 credentials, unless they have notified the division that their 3 credentials have been compromised. 4 (5) The electronic filing system developed by the 5 division must: 6 (a) Be based on access by means of the Internet. 7 (b) Be accessible by anyone with Internet access using 8 standard web-browsing software. 9 (c) Provide for direct entry of compensation-report 10 information as well as upload of such information from 11 software authorized by the division. 12 (d) Provide a method that prevents unauthorized access 13 to electronic filing system functions. 14 (6) Each house of the Legislature shall provide by 15 rule, or may provide by a joint rule adopted by both houses, 16 procedures to implement and administer this section, 17 including, but not limited to: 18 (a) Alternate filing procedures in case the division's 19 electronic 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) Each house of the Legislature shall provide by 24 rule that the division make all the data filed available on 25 the Internet in an easily understood and accessible format. 26 The Internet website shall also include, but not be limited 27 to, the names and business addresses of lobbyists, lobbying 28 firms, and principals, the affiliations between lobbyists and 29 principals, and the classification system designated and 30 identified by each principal pursuant to s. 11.045(2). 31 Section 4. Effective February 15, 2007, subsection (6) 18 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 is added to section 11.40, Florida Statutes, to read: 2 11.40 Legislative Auditing Committee.-- 3 (6)(a) As used in this subsection, "independent 4 contract auditor" means a state-licensed certified public 5 accountant or firm with which a state-licensed certified 6 public accountant is currently employed or associated who is 7 actively engaged in the accounting profession. 8 (b) Audits specified in this subsection cover the 9 quarterly compensation reports for the previous calendar year 10 for a random sample of 3 percent of all legislative branch 11 lobbying firms and a random sample of 3 percent of all 12 executive branch lobbying firms calculated using as the total 13 number of such lobbying firms those filing a compensation 14 report for the preceding calendar year. The committee shall 15 provide for a system of random selection of the lobbying firms 16 to be audited. 17 (c) The committee shall create and maintain a list of 18 not less than 10 independent contract auditors approved to 19 conduct the required audits. Each lobbying firm selected for 20 audit in the random audit process may designate one of the 21 independent contract auditors from the committee's approved 22 list. Upon failure for any reason of a lobbying firm selected 23 in the random selection process to designate an independent 24 contract auditor from the committee's list within 30 calendar 25 days after being notified by the committee of its selection, 26 the committee shall assign one of the available independent 27 contract auditors from the approved list to perform the 28 required audit. No independent contract auditor, whether 29 designated by the lobbying firm or by the committee, may 30 perform the audit of a lobbying firm where the auditor and 31 lobbying firm have ever had a direct personal relationship or 19 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 any professional accounting, auditing, tax advisory, or tax 2 preparing relationship with each other. The committee shall 3 obtain a written, sworn certification subject to s. 837.06, 4 both from the randomly selected lobbying firm and from the 5 proposed independent contract auditor, that no such 6 relationship has ever existed. 7 (d) Each independent contract auditor shall be engaged 8 by and compensated solely by the state for the work performed 9 in accomplishing an audit under this subsection. 10 (e) Any violations of law, deficiencies, or material 11 misstatements discovered and noted in an audit report shall be 12 clearly identified in the audit report and be determined under 13 the rules of either house of the Legislature or under the 14 joint rules, as applicable. 15 (f) If any lobbying firm fails to give full, frank, 16 and prompt cooperation and access to books, records, and 17 associated backup documents as requested in writing by the 18 auditor, that failure shall be clearly noted by the 19 independent contract auditor in the report of audit. 20 (g) The committee shall establish procedures for the 21 selection of independent contract auditors desiring to enter 22 into audit contracts pursuant to this subsection. Such 23 procedures shall include, but not be limited to, a rating 24 system that takes into account pertinent information, 25 including the independent contract auditor's fee proposals for 26 participating in the process. All contracts under this 27 subsection between an independent contract auditor and the 28 Speaker of the House of Representatives and the President of 29 the Senate shall be terminable by either party at any time 30 upon written notice to the other, and such contracts may 31 contain such other terms and conditions as the Speaker of the 20 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 House of Representatives and the President of the Senate deem 2 appropriate under the circumstances. 3 (h) The committee shall adopt guidelines that govern 4 random audits and field investigations conducted pursuant to 5 this subsection. The guidelines shall ensure that similarly 6 situated compensation reports are audited in a uniform manner. 7 The guidelines shall also be formulated to encourage 8 compliance and detect violations of the legislative and 9 executive lobbying compensation reporting requirements in ss. 10 11.045 and 112.3215 and to ensure that each audit is conducted 11 with maximum efficiency in a cost-effective manner. In 12 adopting the guidelines, the committee shall consider relevant 13 guidelines and standards of the American Institute of 14 Certified Public Accountants to the extent that such 15 guidelines and standards are applicable and consistent with 16 the purposes set forth in this subsection. 17 (i) All audit reports of legislative lobbying firms 18 shall, upon completion by an independent contract auditor, be 19 delivered to the President of the Senate and the Speaker of 20 the House of Representatives for their respective review and 21 handling. All audit reports of executive branch lobbyists, 22 upon completion by an independent contract auditor, shall be 23 delivered by the auditor to the Commission on Ethics. 24 Section 5. Section 112.3215, Florida Statutes, is 25 amended to read: 26 112.3215 Lobbying Lobbyists before the executive 27 branch or the Constitution Revision Commission; registration 28 and reporting; investigation by commission.-- 29 (1) For the purposes of this section: 30 (a) "Agency" means the Governor, Governor and Cabinet, 31 or any department, division, bureau, board, commission, or 21 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 authority of the executive branch. In addition, "agency" shall 2 mean the Constitution Revision Commission as provided by s. 2, 3 Art. XI of the State Constitution. 4 (b) "Agency official" or "employee" means any 5 individual who is required by law to file full or limited 6 public disclosure of his or her financial interests. 7 (c) "Compensation" means a payment, distribution, 8 loan, advance, reimbursement, deposit, salary, fee, retainer, 9 or anything of value provided or owed to a lobbying firm, 10 directly or indirectly, by a principal for any lobbying 11 activity. 12 (d)(b) "Expenditure" means a payment, distribution, 13 loan, advance, reimbursement, deposit, or anything of value 14 made by a lobbyist or principal for the purpose of lobbying. A 15 contribution made to a political party regulated under chapter 16 103 is not deemed an expenditure for purposes of this section. 17 (e)(c) "Fund" means the Executive Branch Lobby 18 Registration Trust Fund. 19 (f)(d) "Lobbies" means seeking, on behalf of another 20 person, to influence an agency with respect to a decision of 21 the agency in the area of policy or procurement or an attempt 22 to obtain the goodwill of an agency official or employee. 23 "Lobbies" also means influencing or attempting to influence, 24 on behalf of another, the Constitution Revision Commission's 25 action or nonaction through oral or written communication or 26 an attempt to obtain the goodwill of a member or employee of 27 the Constitution Revision Commission. 28 (g) "Lobbying firm" means a business entity, including 29 an individual contract lobbyist, that receives or becomes 30 entitled to receive any compensation for the purpose of 31 lobbying, where any partner, owner, officer, or employee of 22 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 the business entity is a lobbyist. 2 (h)(e) "Lobbyist" means a person who is employed and 3 receives payment, or who contracts for economic consideration, 4 for the purpose of lobbying, or a person who is principally 5 employed for governmental affairs by another person or 6 governmental entity to lobby on behalf of that other person or 7 governmental entity. "Lobbyist" does not include a person who 8 is: 9 1. An attorney, or any person, who represents a client 10 in a judicial proceeding or in a formal administrative 11 proceeding conducted pursuant to chapter 120 or any other 12 formal hearing before an agency, board, commission, or 13 authority of this state. 14 2. An employee of an agency or of a legislative or 15 judicial branch entity acting in the normal course of his or 16 her duties. 17 3. A confidential informant who is providing, or 18 wishes to provide, confidential information to be used for law 19 enforcement purposes. 20 4. A person who lobbies to procure a contract pursuant 21 to chapter 287 which contract is less than the threshold for 22 CATEGORY ONE as provided in s. 287.017(1)(a). 23 (i)(f) "Principal" means the person, firm, 24 corporation, or other entity which has employed or retained a 25 lobbyist. 26 (2) The Executive Branch Lobby Registration Trust Fund 27 is hereby created within the commission to be used for the 28 purpose of funding any office established to administer the 29 registration of lobbyists lobbying an agency, including the 30 payment of salaries and other expenses. The trust fund is not 31 subject to the service charge to General Revenue provisions of 23 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 chapter 215. All annual registration fees collected pursuant 2 to this section shall be deposited into such fund. 3 (3) A person may not lobby an agency until such person 4 has registered as a lobbyist with the commission. Such 5 registration shall be due upon initially being retained to 6 lobby and is renewable on a calendar year basis thereafter. 7 Upon registration the person shall provide a statement signed 8 by the principal or principal's representative that the 9 registrant is authorized to represent the principal. The 10 principal shall also identify and designate its main business 11 on the statement authorizing that lobbyist pursuant to a 12 classification system approved by the commission. The 13 registration shall require each the lobbyist to disclose, 14 under oath, the following information: 15 (a) Name and business address; 16 (b) The name and business address of each principal 17 represented; 18 (c) His or her area of interest; 19 (d) The agencies before which he or she will appear; 20 and 21 (e) The existence of any direct or indirect business 22 association, partnership, or financial relationship with any 23 employee of an agency with which he or she lobbies, or intends 24 to lobby, as disclosed in the registration. 25 (4) The annual lobbyist registration fee shall be set 26 by the commission by rule, not to exceed $40 for each 27 principal represented. 28 (5)(a)1. Each lobbying firm shall file a compensation 29 report with the commission for each calendar quarter during 30 any portion of which one or more of the firm's lobbyists were 31 registered to represent a principal. The report shall include 24 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 the: 2 a. Full name, business address, and telephone number 3 of the lobbying firm; 4 b. Name of each of the firm's lobbyists; and 5 c. Total compensation provided or owed to the lobbying 6 firm from all principals for the reporting period, reported in 7 one of the following categories: $0; $1 to $49,999; $50,000 to 8 $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 9 to $999,999; $1 million or more. 10 2. For each principal represented by one or more of 11 the firm's lobbyists, the lobbying firm's compensation report 12 shall also include the: 13 a. Full name, business address, and telephone number 14 of the principal; and 15 b. Total compensation provided or owed to the lobbying 16 firm for the reporting period, reported in one of the 17 following categories: $0; $1 to $9,999; $10,000 to $19,999; 18 $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or 19 $50,000 or more. If the category, "$50,000 or more" is 20 selected, the specific dollar amount of compensation must be 21 reported, rounded up or down to the nearest $1,000. 22 3. If the lobbying firm subcontracts work from another 23 lobbying firm and not from the original principal: 24 a. The lobbying firm providing the work to be 25 subcontracted shall be treated as the reporting lobbying 26 firm's principal for reporting purposes under this paragraph; 27 and 28 b. The reporting lobbying firm shall, for each 29 lobbying firm identified under subparagraph 2., identify the 30 name and address of the principal originating the lobbying 31 work. 25 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 4. The senior partner, officer, or owner of the 2 lobbying firm shall certify to the veracity and completeness 3 of the information submitted pursuant to this paragraph, and 4 certify that no compensation has been omitted from this report 5 by deeming such compensation as "consulting services," "media 6 services," "professional services," or anything other than 7 compensation, and certify that no officer or employee of the 8 firm has made an expenditure in violation of this section. 9 (b) For each principal represented by more than one 10 lobbying firm, the commission shall aggregate the 11 reporting-period and calendar-year compensation reported as 12 provided or owed by the principal. 13 (a) A registered lobbyist must also submit to the 14 commission, biannually, a signed expenditure report 15 summarizing all lobbying expenditures by the lobbyist and the 16 principal for each 6-month period during any portion of which 17 the lobbyist is registered. All expenditures made by the 18 lobbyist and the principal for the purpose of lobbying must be 19 reported. Reporting of expenditures shall be on an accrual 20 basis. The report of such expenditures must identify whether 21 the expenditure was made directly by the lobbyist, directly by 22 the principal, initiated or expended by the lobbyist and paid 23 for by the principal, or initiated or expended by the 24 principal and paid for by the lobbyist. The principal is 25 responsible for the accuracy of the expenditures reported as 26 lobbying expenditures made by the principal. The lobbyist is 27 responsible for the accuracy of the expenditures reported as 28 lobbying expenditures made by the lobbyist. Expenditures made 29 must be reported by the category of the expenditure, 30 including, but not limited to, the categories of food and 31 beverages, entertainment, research, communication, media 26 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 advertising, publications, travel, and lodging. Lobby 2 expenditures do not include a lobbyist's or principal's 3 salary, office expenses, and personal expenses for lodging, 4 meals, and travel. 5 (b) A principal who is represented by two or more 6 lobbyists shall designate one lobbyist whose expenditure 7 report shall include all lobbying expenditures made directly 8 by the principal and those expenditures of the designated 9 lobbyist on behalf of that principal as required by paragraph 10 (a). All other lobbyists registered to represent that 11 principal shall file a report pursuant to paragraph (a). The 12 report of lobbying expenditures by the principal shall be made 13 pursuant to the requirements of paragraph (a). The principal 14 is responsible for the accuracy of figures reported by the 15 designated lobbyist as lobbying expenditures made directly by 16 the principal. The designated lobbyist is responsible for the 17 accuracy of the figures reported as lobbying expenditures made 18 by that lobbyist. 19 (c) For each reporting period the commission shall 20 aggregate the expenditures of all lobbyists for a principal 21 represented by more than one lobbyist. Further, the commission 22 shall aggregate figures that provide a cumulative total of 23 expenditures reported as spent by and on behalf of each 24 principal for the calendar year. 25 (c)(d) The reporting statements shall be filed no 26 later than 45 days after the end of each reporting period. and 27 shall include the expenditures for the period The four 28 reporting periods are from January 1 through March 31 June 30, 29 April 1 through June 30, and July 1 through September 30, and 30 October 1 through December 31, respectively. 31 (d)(e) Reports shall be filed not later than 5 p.m. of 27 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 the report due date. However, any report that is postmarked by 2 the United States Postal Service no later than midnight of the 3 due date shall be deemed to have been filed in a timely 4 manner, and a certificate of mailing obtained from and dated 5 by the United States Postal Service at the time of the 6 mailing, or a receipt from an established courier company 7 which bears a date on or before the due date, shall be proof 8 of mailing in a timely manner. 9 (e)(f) The commission shall provide by rule a 10 procedure by which a lobbying firm that lobbyist who fails to 11 timely file a report shall be notified and assessed fines. The 12 rule shall provide for the following: 13 1. Upon determining that the report is late, the 14 person designated to review the timeliness of reports shall 15 immediately notify the lobbying firm lobbyist as to the 16 failure to timely file the report and that a fine is being 17 assessed for each late day. The fine shall be $50 per day per 18 report for each late day up to a maximum of $5,000 per late 19 report. 20 2. Upon receipt of the report, the person designated 21 to review the timeliness of reports shall determine the amount 22 of the fine due based upon the earliest of the following: 23 a. When a report is actually received by the lobbyist 24 registration and reporting office. 25 b. When the report is postmarked. 26 c. When the certificate of mailing is dated. 27 d. When the receipt from an established courier 28 company is dated. 29 3. Such fine shall be paid within 30 days after the 30 notice of payment due is transmitted by the Lobbyist 31 Registration Office, unless appeal is made to the commission. 28 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 The moneys shall be deposited into the Executive Branch Lobby 2 Registration Trust Fund. 3 4. A fine shall not be assessed against a lobbying 4 firm lobbyist the first time any reports for which the 5 lobbying firm lobbyist is responsible are not timely filed. 6 However, to receive the one-time fine waiver, all reports for 7 which the lobbying firm lobbyist is responsible must be filed 8 within 30 days after the notice that any reports have not been 9 timely filed is transmitted by the Lobbyist Registration 10 Office. A fine shall be assessed for any subsequent late-filed 11 reports. 12 5. Any lobbying firm lobbyist may appeal or dispute a 13 fine, based upon unusual circumstances surrounding the failure 14 to file on the designated due date, and may request and shall 15 be entitled to a hearing before the commission, which shall 16 have the authority to waive the fine in whole or in part for 17 good cause shown. Any such request shall be made within 30 18 days after the notice of payment due is transmitted by the 19 Lobbyist Registration Office. In such case, the lobbying firm 20 lobbyist shall, within the 30-day period, notify the person 21 designated to review the timeliness of reports in writing of 22 his or her intention to bring the matter before the 23 commission. 24 6. The person designated to review the timeliness of 25 reports shall notify the commission of the failure of a 26 lobbying firm lobbyist to file a report after notice or of the 27 failure of a lobbying firm lobbyist to pay the fine imposed. 28 7. Notwithstanding any provision of chapter 120, any 29 fine imposed under this subsection that is not waived by final 30 order of the commission and that remains unpaid more than 60 31 days after the notice of payment due or more than 60 days 29 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 after the commission renders a final order on the lobbying 2 firm's lobbyist's appeal shall be collected by the Department 3 of Financial Services as a claim, debt, or other obligation 4 owed to the state, and the department may assign the 5 collection of such fine to a collection agent as provided in 6 s. 17.20. 7 (f)(g) The commission shall adopt a rule which allows 8 reporting statements to be filed by electronic means, when 9 feasible. 10 (g)(h) Each lobbying firm lobbyist and each principal 11 shall preserve for a period of 4 years all accounts, bills, 12 receipts, computer records, books, papers, and other documents 13 and records necessary to substantiate compensation lobbying 14 expenditures. Any documents and records retained pursuant to 15 this section may be subpoenaed for audit by the Legislative 16 Auditing Committee pursuant to s. 11.40, and such subpoena 17 inspected under reasonable circumstances by any authorized 18 representative of the commission. The right of inspection may 19 be enforced in circuit court by appropriate writ issued by any 20 court of competent jurisdiction. 21 (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or 22 any other provision of law to the contrary, no lobbyist or 23 principal shall make, directly or indirectly, and no agency 24 official, member, or employee shall knowingly accept, directly 25 or indirectly, any expenditure. 26 (b) No person shall provide compensation for lobbying 27 to any individual or business entity that is not a lobbying 28 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 30 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 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 an expenditure report, or has knowingly submitted 15 false information in any report or registration required in 16 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 29 firm, agency, officer, or employee upon receipt of information 30 from a sworn complaint or from a random audit of lobbying 31 reports indicating a possible violation other than a 31 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 late-filed report. 2 (9)(8) If the commission finds no probable cause to 3 believe that a violation of this section occurred, it shall 4 dismiss the complaint, whereupon the complaint, together with 5 a written statement of the findings of the investigation and a 6 summary of the facts, shall become a matter of public record, 7 and the commission shall send a copy of the complaint, 8 findings, and summary to the complainant and the alleged 9 violator. If, after investigating information from a random 10 audit of lobbying reports, the commission finds no probable 11 cause to believe that a violation of this section occurred, a 12 written statement of the findings of the investigation and a 13 summary of the facts shall become a matter of public record, 14 and the commission shall send a copy of the findings and 15 summary to the alleged violator. If the commission finds 16 probable cause to believe that a violation occurred, it shall 17 report the results of its investigation to the Governor and 18 Cabinet and send a copy of the report to the alleged violator 19 by certified mail. Such notification and all documents made or 20 received in the disposition of the complaint shall then become 21 public records. Upon request submitted to the Governor and 22 Cabinet in writing, any person whom the commission finds 23 probable cause to believe has violated any provision of this 24 section shall be entitled to a public hearing. Such person 25 shall be deemed to have waived the right to a public hearing 26 if the request is not received within 14 days following the 27 mailing of the probable cause notification. However, the 28 Governor and Cabinet may on its own motion require a public 29 hearing and may conduct such further investigation as it deems 30 necessary. 31 (10)(9) If the Governor and Cabinet finds that a 32 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 violation occurred, it may reprimand the violator, censure the 2 violator, or prohibit the violator from lobbying all agencies 3 for a period not to exceed 2 years. If the violator is a 4 lobbying firm, the Governor and Cabinet may also assess a fine 5 of not more than $5,000 to be deposited in the Executive 6 Branch Lobby Registration Trust Fund. 7 (11)(10) Any person, when in doubt about the 8 applicability and interpretation of this section to himself or 9 herself in a particular context, may submit in writing the 10 facts of the situation to the commission with a request for an 11 advisory opinion to establish the standard of duty. An 12 advisory opinion shall be rendered by the commission and, 13 until amended or revoked, shall be binding on the conduct of 14 the person who sought the opinion, unless material facts were 15 omitted or misstated in the request. 16 (12)(11) Agencies shall be diligent to ascertain 17 whether persons required to register pursuant to this section 18 have complied. An agency may not knowingly permit a person who 19 is not registered pursuant to this section to lobby the 20 agency. 21 (13)(12) Upon discovery of violations of this section 22 an agency or any person may file a sworn complaint with the 23 commission. 24 (14)(13) The commission shall adopt rules to 25 administer this section, which shall prescribe forms for 26 registration and compensation expenditure reports, procedures 27 for registration, and procedures that will prevent disclosure 28 of information that is confidential as provided in this 29 section. 30 Section 6. Effective April 1, 2007, subsection (5) of 31 section 112.3215, Florida Statutes, as amended by this act, is 33 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 amended to read: 2 112.3215 Lobbying before the executive branch or the 3 Constitution Revision Commission; registration and reporting; 4 investigation by commission.-- 5 (5)(a)1. Each lobbying firm shall file a compensation 6 report with the commission for each calendar quarter during 7 any portion of which one or more of the firm's lobbyists were 8 registered to represent a principal. The report shall include 9 the: 10 a. Full name, business address, and telephone number 11 of the lobbying firm; 12 b. Name of each of the firm's lobbyists; and 13 c. Total compensation provided or owed to the lobbying 14 firm from all principals for the reporting period, reported in 15 one of the following categories: $0; $1 to $49,999; $50,000 to 16 $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 17 to $999,999; $1 million or more. 18 2. For each principal represented by one or more of 19 the firm's lobbyists, the lobbying firm's compensation report 20 shall also include the: 21 a. Full name, business address, and telephone number 22 of the principal; and 23 b. Total compensation provided or owed to the lobbying 24 firm for the reporting period, reported in one of the 25 following categories: $0; $1 to $9,999; $10,000 to $19,999; 26 $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or 27 $50,000 or more. If the category, "$50,000 or more" is 28 selected, the specific dollar amount of compensation must be 29 reported, rounded up or down to the nearest $1,000. 30 3. If the lobbying firm subcontracts work from another 31 lobbying firm and not from the original principal: 34 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 a. The lobbying firm providing the work to be 2 subcontracted shall be treated as the reporting lobbying 3 firm's principal for reporting purposes under this paragraph; 4 and 5 b. The reporting lobbying firm shall, for each 6 lobbying firm identified under subparagraph 2., identify the 7 name and address of the principal originating the lobbying 8 work. 9 4. The senior partner, officer, or owner of the 10 lobbying firm shall certify to the veracity and completeness 11 of the information submitted pursuant to this paragraph. 12 (b) For each principal represented by more than one 13 lobbying firm, the commission shall aggregate the 14 reporting-period and calendar-year compensation reported as 15 provided or owed by the principal. 16 (c) The reporting statements shall be filed no later 17 than 45 days after the end of each reporting period. The four 18 reporting periods are from January 1 through March 31, April 1 19 through June 30, July 1 through September 30, and October 1 20 through December 31, respectively. Reporting statements must 21 be filed by electronic means as provided in s. 112.32155. 22 (d) Reports shall be filed not later than 5 p.m. of 23 the report due date. However, any report that is postmarked by 24 the United States Postal Service no later than midnight of the 25 due date shall be deemed to have been filed in a timely 26 manner, and a certificate of mailing obtained from and dated 27 by the United States Postal Service at the time of the 28 mailing, or a receipt from an established courier company 29 which bears a date on or before the due date, shall be proof 30 of mailing in a timely manner. 31 (d)(e) The commission shall provide by rule a 35 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 procedure by which a lobbying firm that fails to timely file a 2 report shall be notified and assessed fines. The rule shall 3 provide for the following: 4 1. Upon determining that the report is late, the 5 person designated to review the timeliness of reports shall 6 immediately notify the lobbying firm as to the failure to 7 timely file the report and that a fine is being assessed for 8 each late day. The fine shall be $50 per day per report for 9 each late day up to a maximum of $5,000 per late report. 10 2. Upon receipt of the report, the person designated 11 to review the timeliness of reports shall determine the amount 12 of the fine due based upon the earliest of the following: 13 a. When a report is actually received by the lobbyist 14 registration and reporting office. 15 b. When the electronic receipt issued pursuant to s. 16 112.32155 is dated. When the report is postmarked. 17 c. When the certificate of mailing is dated. 18 d. When the receipt from an established courier 19 company is dated. 20 3. Such fine shall be paid within 30 days after the 21 notice of payment due is transmitted by the Lobbyist 22 Registration Office, unless appeal is made to the commission. 23 The moneys shall be deposited into the Executive Branch Lobby 24 Registration Trust Fund. 25 4. A fine shall not be assessed against a lobbying 26 firm the first time any reports for which the lobbying firm is 27 responsible are not timely filed. However, to receive the 28 one-time fine waiver, all reports for which the lobbying firm 29 is responsible must be filed within 30 days after the notice 30 that any reports have not been timely filed is transmitted by 31 the Lobbyist Registration Office. A fine shall be assessed for 36 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 any subsequent late-filed reports. 2 5. Any lobbying firm may appeal or dispute a fine, 3 based upon unusual circumstances surrounding the failure to 4 file on the designated due date, and may request and shall be 5 entitled to a hearing before the commission, which shall have 6 the authority to waive the fine in whole or in part for good 7 cause shown. Any such request shall be made within 30 days 8 after the notice of payment due is transmitted by the Lobbyist 9 Registration Office. In such case, the lobbying firm 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 bring the matter before the commission. 13 6. The person designated to review the timeliness of 14 reports shall notify the commission of the failure of a 15 lobbying firm to file a report after notice or of the failure 16 of a lobbying firm to pay the fine imposed. 17 7. Notwithstanding any provision of chapter 120, any 18 fine imposed under this subsection that is not waived by final 19 order of the commission and that remains unpaid more than 60 20 days after the notice of payment due or more than 60 days 21 after the commission renders a final order on the lobbying 22 firm's appeal shall be collected by the Department of 23 Financial Services as a claim, debt, or other obligation owed 24 to the state, and the department may assign the collection of 25 such fine to a collection agent as provided in s. 17.20. 26 (f) The commission shall adopt a rule which allows 27 reporting statements to be filed by electronic means, when 28 feasible. 29 (e)(g) Each lobbying firm and each principal shall 30 preserve for a period of 4 years all accounts, bills, 31 receipts, computer records, books, papers, and other documents 37 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 and records necessary to substantiate compensation. Any 2 documents and records retained pursuant to this section may be 3 subpoenaed for audit by the Legislative Auditing Committee 4 pursuant to s. 11.40, and such subpoena may be enforced in 5 circuit court. 6 Section 7. Effective April 1, 2007, section 112.32155, 7 Florida Statutes, is created to read: 8 112.32155 Electronic filing of compensation reports 9 and other information.-- 10 (1) As used in this section, the term "electronic 11 filing system" means an Internet system for recording and 12 reporting lobbying compensation and other required information 13 by reporting period. 14 (2) Each lobbying firm who is required to file reports 15 with the Commission on Ethics pursuant to s. 112.3215 must 16 file such reports with the commission by means of the 17 electronic filing system. 18 (3) A report filed pursuant to this section must be 19 completed and filed through the electronic filing system not 20 later than 11:59 p.m. of the day designated in s. 112.3215. A 21 report not filed by 11:59 p.m. of the day designated is a 22 late-filed report and is subject to the penalties under s. 23 112.3215(5). 24 (4) Each report filed pursuant to this section is 25 considered to meet the certification requirements of s. 26 112.3215(5)(a)4. Persons given a secure sign-on to the 27 electronic filing system are responsible for protecting it 28 from disclosure and are responsible for all filings using such 29 credentials, unless they have notified the commission that 30 their credentials have been compromised. 31 (5) The electronic filing system must: 38 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 (a) Be based on access by means of the Internet. 2 (b) Be accessible by anyone with Internet access using 3 standard web-browsing software. 4 (c) Provide for direct entry of compensation-report 5 information as well as upload of such information from 6 software authorized by the commission. 7 (d) Provide a method that prevents unauthorized access 8 to electronic filing system functions. 9 (6) The commission shall provide by rule procedures to 10 implement and administer this section, including, but not 11 limited to: 12 (a) Alternate filing procedures in case the electronic 13 filing system is not operable. 14 (b) The issuance of an electronic receipt to the 15 person submitting the report indicating and verifying the date 16 and time that the report was filed. 17 (7) The commission shall make all the data filed 18 available on the Internet in an easily understood and 19 accessible format. The Internet web site shall also include, 20 but not be limited to, the names and business addresses of 21 lobbyists, lobbying firms, and principals, affiliations 22 between lobbyists and principals, and the classification 23 system designated and identified by each principal pursuant to 24 s. 112.3215(3). 25 Section 8. The first compensation reports subject to 26 the amended reporting requirements in this act must be filed 27 by May 15, 2006, and encompass the reporting period from 28 January 1, 2006, through March 31, 2006. 29 Section 9. A person convicted of a felony after 30 January 1, 2006, may not be registered as a lobbyist pursuant 31 to s. 11.045 or s. 112.3125, Florida Statutes, until the 39 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 person: 2 (1) Has been released from incarceration and any 3 postconviction supervision, and has paid all court costs and 4 court-ordered restitution; and 5 (2) Has had his or her civil rights restored. 6 Section 10. Except as otherwise expressly provided in 7 this act, this act shall take effect January 1, 2006. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to political activities; 17 amending ss. 11.045 and 112.3215, F.S., 18 relating to registration and reporting 19 requirements for legislative lobbyists and 20 lobbyists of the executive branch and 21 Constitution Revision Commission; providing and 22 amending definitions; requiring each principal 23 upon the registration of the principal's 24 lobbyist to identify the principal's main 25 business; requiring each lobbying firm and 26 principal to maintain certain records and 27 documents for a specified period; specifying 28 judicial jurisdiction for enforcing the right 29 to subpoena certain documents and records for 30 audit; deleting the requirement for lobbyists 31 to file expenditure reports; requiring each 40 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 lobbying firm to file quarterly compensation 2 reports; requiring each lobbying firm to report 3 certain compensation information in dollar 4 categories and specific dollar amounts; 5 requiring certain lobbying firms to report the 6 name and address of the principal originating 7 lobbying work; providing for certification of 8 compensation reports; requiring the Division of 9 Legislative Information Services and the 10 Commission on Ethics to aggregate certain 11 compensation information; revising the periods 12 for filing compensation reporting statements; 13 prescribing procedures for determining 14 late-filing fines for compensation reports; 15 prescribing fines and penalties for 16 compensation-reporting violations; providing 17 exceptions; prohibiting lobbying expenditures, 18 except for certain floral arrangements and 19 celebratory items; prohibiting principals from 20 providing lobbying compensation to any 21 individual or business entity other than a 22 lobbying firm; providing for the Legislature to 23 adopt rules to maintain and make publicly 24 available all advisory opinions and reports 25 relating to lobbying firms, to conform; 26 providing for the Legislature to adopt rules 27 authorizing legislative committees to 28 investigate certain persons and entities 29 engaged in legislative lobbying; providing for 30 the commission to investigate certain lobbying 31 firms for lobbying report violations; providing 41 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 procedures for disposing of lobbying report 2 investigations and proceedings; providing 3 penalties; providing for public access to 4 certain records; authorizing the commission to 5 adopt administration rules and forms relating 6 to compensation reporting; requiring 7 compensation reports to be filed 8 electronically; creating ss. 11.0455 and 9 112.32155, F.S.; defining the term "electronic 10 filing system"; providing requirements for 11 lobbying firms filing reports with the Division 12 of Legislative Information Services and the 13 Commission on Ethics by means of the division's 14 and the commission's electronic filing systems; 15 providing that such reports are considered to 16 be certified; providing requirements for the 17 electronic filing system; providing for the 18 Legislature and the commission to adopt rules 19 to administer the electronic filing system; 20 requiring alternate filing procedures; 21 requiring the issuance of electronic receipts; 22 requiring that the division and the commission 23 provide for public access to certain data; 24 amending s. 11.40, F.S.; requiring that the 25 Legislative Auditing Committee conduct random 26 audits of the compensation reports filed by 27 legislative branch and executive branch 28 lobbying firms; providing definitions; 29 prescribing conditions for the random 30 selection; directing the committee to provide 31 for a system to select lobbying firms to be 42 6:49 PM 12/07/05 s0006Bd-16-c3r
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 6-B Barcode 892464 1 audited; requiring the committee to create and 2 maintain a list of approved auditors; 3 authorizing certain lobbying firms the ability 4 to select an auditor from an approved list; 5 prohibiting an auditor to audit lobbying firms 6 under specified circumstances; requiring a 7 sworn certification from the auditor and the 8 lobbying firm being audited; providing for 9 certain auditors to be solely engaged and 10 compensated by the state; providing the 11 required contents of the audit report; 12 providing for the determination of violations 13 of law to be made by Legislative rule; 14 prescribing a standard of cooperation by 15 lobbying firms being audited; providing 16 guidelines for the committee to establish 17 procedures for the selection of independent 18 contractors; requiring the committee to adopt 19 guidelines that govern random audits and field 20 investigations; requiring that legislative 21 lobbying audit reports be forwarded to the 22 Legislature and executive lobbying audit 23 reports be sent to the Commission on Ethics; 24 specifying the initial reporting period that is 25 subject to the requirements of the act; 26 prohibiting persons convicted of a felony from 27 being registered as a lobbyist until certain 28 conditions are met; providing effective dates. 29 30 31 43 6:49 PM 12/07/05 s0006Bd-16-c3r