1 | Representative(s) Johnson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 11.045, Florida Statutes, is amended to |
6 | read: |
7 | 11.045 Lobbyists; registration and reporting; exemptions; |
8 | penalties.-- |
9 | (1) As used in this section, unless the context otherwise |
10 | requires: |
11 | (a) "Committee" means the committee of each house charged |
12 | by the presiding officer with responsibility for ethical conduct |
13 | of lobbyists. |
14 | (b) "Division" means the Division of Legislative |
15 | Information Services within the Office of Legislative Services. |
16 | (c) "Expenditure" means a payment, distribution, loan, |
17 | advance, reimbursement, deposit, or anything of value made by a |
18 | lobbyist or principal for the purpose of lobbying. |
19 | (d) "Legislative action" means introduction, sponsorship, |
20 | testimony, debate, voting, or any other official action on any |
21 | measure, resolution, amendment, nomination, appointment, or |
22 | report of, or any matter which may be the subject of action by, |
23 | either house of the Legislature or any committee thereof. |
24 | (e) "Lobbying" means influencing or attempting to |
25 | influence legislative action or nonaction through oral or |
26 | written communication or an attempt to obtain the goodwill of a |
27 | member or employee of the Legislature. Food and beverages paid |
28 | for or provided, directly or indirectly, by a lobbyist or |
29 | principal to, or for the benefit of, a member or employee of the |
30 | Legislature is deemed an attempt to obtain the goodwill of the |
31 | member or employee unless the lobbyist or principal is the |
32 | member's or employee's parent, spouse, child, or sibling. |
33 | (f) "Lobbyist" means a person who is employed and receives |
34 | payment, or who contracts for economic consideration, for the |
35 | purpose of lobbying, or a person who is principally employed for |
36 | governmental affairs by another person or governmental entity to |
37 | lobby on behalf of that other person or governmental entity. |
38 | (g) "Principal" means the person, firm, corporation, or |
39 | other entity which has employed or retained a lobbyist. |
40 | (2) Each house of the Legislature shall provide by rule, |
41 | or may provide by a joint rule adopted by both houses, for the |
42 | registration of lobbyists who lobby the Legislature. The rule |
43 | may provide for the payment of a registration fee. The rule may |
44 | provide for exemptions from registration or registration fees. |
45 | The rule shall provide that: |
46 | (a) Registration is required for each principal |
47 | represented. |
48 | (b) Registration shall include a statement signed by the |
49 | principal or principal's representative that the registrant is |
50 | authorized to represent the principal. |
51 | (c) A registrant shall promptly send a written statement |
52 | to the division canceling the registration for a principal upon |
53 | termination of the lobbyist's representation of that principal. |
54 | Notwithstanding this requirement, the division may remove the |
55 | name of a registrant from the list of registered lobbyists if |
56 | the principal notifies the office that a person is no longer |
57 | authorized to represent that principal. |
58 | (d) Every registrant shall be required to state the extent |
59 | of any direct business association or partnership with any |
60 | current member of the Legislature. |
61 | (e) Each lobbyist and each principal shall preserve for a |
62 | period of 4 years all accounts, bills, receipts, computer |
63 | records, books, papers, and other documents and records |
64 | necessary to substantiate lobbying expenditures. Any documents |
65 | and records retained pursuant to this section may be inspected |
66 | under reasonable circumstances by any authorized representative |
67 | of the Legislature. The right of inspection may be enforced by |
68 | appropriate writ issued by any court of competent jurisdiction. |
69 | (f) All registrations shall be open to the public. |
70 | (g) Any person who is exempt from registration under the |
71 | rule shall not be considered a lobbyist for any purpose. |
72 | (3) Each house of the Legislature shall provide by rule |
73 | the following reporting requirements: |
74 | (a) Statements, to shall be filed by each recipient of |
75 | lobbying expenditures weekly during legislative session and |
76 | quarterly during all other all registered lobbyists two times of |
77 | the per year, which must disclose all lobbying expenditures by |
78 | the lobbyist and the principal and the source of funds for such |
79 | expenditures. All expenditures made by the lobbyist and the |
80 | principal for the purpose of lobbying must be reported by the |
81 | recipients of such expenditures. Reporting of expenditures shall |
82 | be made on an accrual basis. The report of such expenditures |
83 | must identify whether the expenditure was made directly by the |
84 | lobbyist, directly by the principal, initiated or expended by |
85 | the lobbyist and paid for by the principal, or initiated or |
86 | expended by the principal and paid for by the lobbyist. The |
87 | recipient of lobbying expenditures principal is responsible for |
88 | the accuracy of the expenditures reported as lobbying |
89 | expenditures made by the principal. The lobbyist is responsible |
90 | for the accuracy of the expenditures reported as lobbying |
91 | expenditures made by the lobbyist. Each expenditure received and |
92 | the amount of the expenditure Expenditures made must be reported |
93 | by the category of the expenditure, including, but not limited |
94 | to, the categories of food and beverages, entertainment, |
95 | research, communication, media advertising, publications, |
96 | travel, and lodging. For each expenditure that is reported, the |
97 | report must also include the full name and address of each |
98 | person by whom the expenditure was made, the date of the |
99 | expenditure, and the name and title of the member or employee of |
100 | the Legislature for whom the expenditure was made. Lobbying |
101 | expenditures do not include a lobbyist's or principal's salary, |
102 | office expenses, and personal expenses for lodging, meals, and |
103 | travel. |
104 | (b) If a principal is represented by two or more |
105 | lobbyists, the first lobbyist who registers to represent that |
106 | principal shall be the designated lobbyist. The designated |
107 | lobbyist's expenditure report shall include all lobbying |
108 | expenditures made directly by the principal and those |
109 | expenditures of the designated lobbyist on behalf of that |
110 | principal as required by paragraph (a). All other lobbyists |
111 | registered to represent that principal shall file a report |
112 | pursuant to paragraph (a). The report of lobbying expenditures |
113 | by the principal shall be made pursuant to the requirements of |
114 | paragraph (a). The principal is responsible for the accuracy of |
115 | figures reported by the designated lobbyist as lobbying |
116 | expenditures made directly by the principal. The designated |
117 | lobbyist is responsible for the accuracy of the figures reported |
118 | as lobbying expenditures made by that lobbyist. Each recipient |
119 | of a lobbying expenditure lobbyist shall file an expenditure |
120 | report for each period during any portion of which he or she |
121 | received a lobbying expenditure was registered, and each |
122 | principal shall ensure that an expenditure report is filed for |
123 | each period during any portion of which the principal was |
124 | represented by a registered lobbyist. |
125 | (c) For each reporting period the division shall aggregate |
126 | the expenditures reported by all of the recipients of lobbying |
127 | expenditures made by lobbyists for a principal represented by |
128 | more than one lobbyist. Further, the division shall aggregate |
129 | figures that provide a cumulative total of expenditures reported |
130 | as spent by and on behalf of each principal for the calendar |
131 | year. |
132 | (d) The expenditure reporting statements shall be filed no |
133 | later than 45 days after the end of each the reporting period. |
134 | During legislative session, the weekly reporting periods begin |
135 | each Saturday or the first day of legislative session, and the |
136 | weekly reporting periods end each Friday or the last day of |
137 | legislative session. During all times when the Legislature is |
138 | not in session, the four quarterly reporting periods are The |
139 | first report shall include the expenditures for the period from |
140 | January 1 through March 31, April 1 through June 30, July 1 |
141 | through September 30, and October 1 through December 31, |
142 | respectively June 30. The second report shall disclose |
143 | expenditures for the period from July 1 through December 31. The |
144 | statements shall be rendered in the identical form provided by |
145 | the respective houses and shall be open to public inspection. |
146 | Reporting statements may be filed by electronic means, when |
147 | feasible. |
148 | (e) Reports shall be filed not later than 5 p.m. of the |
149 | report due date. However, any report that is postmarked by the |
150 | United States Postal Service no later than midnight of the due |
151 | date shall be deemed to have been filed in a timely manner, and |
152 | a certificate of mailing obtained from and dated by the United |
153 | States Postal Service at the time of the mailing, or a receipt |
154 | from an established courier company which bears a date on or |
155 | before the due date, shall be proof of mailing in a timely |
156 | manner. |
157 | (f) Each house of the Legislature shall provide by rule, |
158 | or both houses may provide by joint rule, a procedure by which a |
159 | recipient of a lobbying expenditure lobbyist who fails to timely |
160 | file a report shall be notified and assessed fines. The rule |
161 | shall provide for the following: |
162 | 1. Upon determining that the report is late, the person |
163 | designated to review the timeliness of reports shall immediately |
164 | notify the recipient of a lobbying expenditure lobbyist as to |
165 | the failure to timely file the report and that a fine is being |
166 | assessed for each late day. The fine shall be $50 per day per |
167 | report for each late day, not to exceed $5,000 per report. |
168 | 2. Upon receipt of the report, the person designated to |
169 | review the timeliness of reports shall determine the amount of |
170 | the fine due based upon the earliest of the following: |
171 | a. When a report is actually received by the lobbyist |
172 | registration and reporting office. |
173 | b. When the report is postmarked. |
174 | c. When the certificate of mailing is dated. |
175 | d. When the receipt from an established courier company is |
176 | dated. |
177 | 3. Such fine shall be paid within 30 days after the notice |
178 | of payment due is transmitted by the Lobbyist Registration |
179 | Office, unless appeal is made to the division. The moneys shall |
180 | be deposited into the Legislative Lobbyist Registration Trust |
181 | Fund. |
182 | 4. A fine shall not be assessed against a recipient of a |
183 | lobbying expenditure lobbyist the first time any reports for |
184 | which the recipient of a lobbying expenditure lobbyist is |
185 | responsible are not timely filed. However, to receive the one- |
186 | time fine waiver, all reports for which the recipient of a |
187 | lobbying expenditure lobbyist is responsible must be filed |
188 | within 30 days after notice that any reports have not been |
189 | timely filed is transmitted by the Lobbyist Registration Office. |
190 | A fine shall be assessed for any subsequent late-filed reports. |
191 | 5. Any recipient of a lobbying expenditure lobbyist may |
192 | appeal or dispute a fine, based upon unusual circumstances |
193 | surrounding the failure to file on the designated due date, and |
194 | may request and shall be entitled to a hearing before the |
195 | General Counsel of the Office of Legislative Services, who shall |
196 | recommend to the President of the Senate and the Speaker of the |
197 | House of Representatives, or their respective designees, that |
198 | the fine be waived in whole or in part for good cause shown. The |
199 | President of the Senate and the Speaker of the House of |
200 | Representatives, or their respective designees, may concur in |
201 | the recommendation and waive the fine in whole or in part. Any |
202 | such request shall be made within 30 days after the notice of |
203 | payment due is transmitted by the Lobbyist Registration Office. |
204 | In such case, the recipient of a lobbying expenditure lobbyist |
205 | shall, within the 30-day period, notify the person designated to |
206 | review the timeliness of reports in writing of his or her |
207 | intention to request a hearing. |
208 | 6. A recipient of a lobbying expenditure lobbyist, a |
209 | lobbyist's legal representative, or the principal of a lobbyist |
210 | may request that the filing of an expenditure report be waived |
211 | upon good cause shown, based on unusual circumstances. The |
212 | request must be filed with the General Counsel of the Office of |
213 | Legislative Services, who shall make a recommendation concerning |
214 | the waiver request to the President of the Senate and the |
215 | Speaker of the House of Representatives. The President of the |
216 | Senate and the Speaker of the House of Representatives may grant |
217 | or deny the request. |
218 | 7. The registration of a lobbyist who fails to timely pay |
219 | a fine is automatically suspended until the fine is paid or |
220 | waived. |
221 | 8.7. The person designated to review the timeliness of |
222 | reports shall notify the director of the division of the failure |
223 | of a recipient of a lobbying expenditure lobbyist to file a |
224 | report after notice or of the failure of a recipient of a |
225 | lobbying expenditure lobbyist to pay the fine imposed. |
226 | (4) Notwithstanding s. 112.3148, s. 112.3149, or any other |
227 | provision of law to the contrary, a recipient of lobbying |
228 | expenditures shall report received expenditures of any value. |
229 | (5)(4) Each house of the Legislature shall provide by rule |
230 | a procedure by which a person, when in doubt about the |
231 | applicability and interpretation of this section in a particular |
232 | context, may submit in writing the facts for an advisory opinion |
233 | to the committee of either house and may appear in person before |
234 | the committee. The rule shall provide a procedure by which: |
235 | (a) The committee shall render advisory opinions to any |
236 | person who seeks advice as to whether the facts in a particular |
237 | case would constitute a violation of this section. |
238 | (b) The committee shall make sufficient deletions to |
239 | prevent disclosing the identity of persons in the decisions or |
240 | opinions. |
241 | (c) All advisory opinions of the committee shall be |
242 | numbered, dated, and open to public inspection. |
243 | (6)(5) Each house of the Legislature shall provide by rule |
244 | for keeping keep all advisory opinions of the committees |
245 | relating to recipients of lobbying expenditures, lobbyists, and |
246 | lobbying activities., as well as The rule shall also provide |
247 | that each house keep a current list of registered lobbyists and |
248 | their respective reports required under this section, along with |
249 | reports required of recipients of lobbying expenditures under |
250 | this section, all of which shall be open for public inspection. |
251 | (7)(6) Each house of the Legislature shall provide by rule |
252 | that the committee of either house shall investigate any |
253 | recipient of a lobbying expenditure person engaged in |
254 | legislative lobbying upon receipt of a sworn complaint alleging |
255 | a violation of this section, s. 112.3148, or s. 112.3149 by such |
256 | person. Such proceedings shall be conducted pursuant to the |
257 | rules of the respective houses. If the committee finds that |
258 | there has been a violation of this section, s. 112.3148, or s. |
259 | 112.3149, it shall report its findings to the President of the |
260 | Senate or the Speaker of the House of Representatives, as |
261 | appropriate, together with a recommended penalty, to include a |
262 | fine of not more than $5,000, reprimand, censure, probation, or |
263 | prohibition from lobbying for a period of time not to exceed 24 |
264 | months. Upon the receipt of such report, the President of the |
265 | Senate or the Speaker of the House of Representatives shall |
266 | cause the committee report and recommendations to be brought |
267 | before the respective house and a final determination shall be |
268 | made by a majority of said house. |
269 | (8)(7) Any person required to be registered or to provide |
270 | information pursuant to this section or pursuant to rules |
271 | established in conformity with this section who knowingly fails |
272 | to disclose any material fact required by this section or by |
273 | rules established in conformity with this section, or who |
274 | knowingly provides false information on any report required by |
275 | this section or by rules established in conformity with this |
276 | section, commits a noncriminal infraction, punishable by a fine |
277 | not to exceed $5,000. Such penalty shall be in addition to any |
278 | other penalty assessed by a house of the Legislature pursuant to |
279 | subsection (7)(6). |
280 | (9)(8) There is hereby created the Legislative Lobbyist |
281 | Registration Trust Fund, to be used for the purpose of funding |
282 | any office established for the administration of the |
283 | registration of lobbyist lobbying the Legislature, including the |
284 | payment of salaries and other expenses, and for the purpose of |
285 | paying the expenses incurred by the Legislature in providing |
286 | services to lobbyists. The trust fund is not subject to the |
287 | service charge to general revenue provisions of chapter 215. |
288 | Fees collected pursuant to rules established in accordance with |
289 | subsection (2) shall be deposited into the Legislative Lobbyist |
290 | Registration Trust Fund. |
291 | Section 2. This act shall take effect January 1, 2006. |
292 |
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293 | ======= T I T L E A M E N D M E N T ========== |
294 | Remove the entire title and insert: |
295 | A bill to be entitled |
296 | An act relating to lobbying; amending s. 11.045, F.S., |
297 | relating to the requirements that legislative lobbyists |
298 | register and report as required by legislative rule; |
299 | amending the definition for the term "lobbying"; revising |
300 | the requirement to file lobbying expenditure reports to |
301 | apply to recipients of the expenditures instead of |
302 | lobbyists; removing the aggregate reporting categories on |
303 | lobbying expenditure reporting forms; requiring lobbying |
304 | expenditure reporting forms to include the name and |
305 | address of each person by whom an expenditure was made, |
306 | date of the expenditure, and the name and title of the |
307 | legislator or employee for whom the expenditure was made; |
308 | revising the period for filing expenditure reporting |
309 | statements; requiring recipients of lobbying expenditures |
310 | to report received expenditures of any value; providing |
311 | for the Legislature to adopt rules to maintain and make |
312 | publicly available all advisory opinions and reports |
313 | relating to recipients of lobbying expenditures, to |
314 | conform; providing for the Legislature to adopt rules |
315 | authorizing legislative committees to investigate certain |
316 | persons and entities engaged in legislative lobbying; |
317 | providing an effective date. |