Senate Bill sb0006Be1

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    SB 6-B                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to political activities;

  3         amending ss. 11.045 and 112.3215, F.S.,

  4         relating to registration and reporting

  5         requirements for legislative lobbyists and

  6         lobbyists of the executive branch and

  7         Constitution Revision Commission; providing and

  8         amending definitions; requiring each principal

  9         upon the registration of the principal's

10         lobbyist to identify the principal's main

11         business; requiring each lobbying firm and

12         principal to maintain certain records and

13         documents for a specified period; specifying

14         judicial jurisdiction for enforcing the right

15         to subpoena certain documents and records for

16         audit; deleting the requirement for lobbyists

17         to file expenditure reports; requiring each

18         lobbying firm to file quarterly compensation

19         reports; requiring each lobbying firm to report

20         certain compensation information in dollar

21         categories and specific dollar amounts;

22         requiring certain lobbying firms to report the

23         name and address of the principal originating

24         lobbying work; providing for certification of

25         compensation reports; requiring the Division of

26         Legislative Information Services and the

27         Commission on Ethics to aggregate certain

28         compensation information; revising the periods

29         for filing compensation reporting statements;

30         prescribing procedures for determining

31         late-filing fines for compensation reports;


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    SB 6-B                                         First Engrossed



 1         prescribing fines and penalties for

 2         compensation-reporting violations; providing

 3         exceptions; prohibiting lobbying expenditures,

 4         except for certain floral arrangements and

 5         celebratory items; prohibiting principals from

 6         providing lobbying compensation to any

 7         individual or business entity other than a

 8         lobbying firm; providing for the Legislature to

 9         adopt rules to maintain and make publicly

10         available all advisory opinions and reports

11         relating to lobbying firms, to conform;

12         providing for the Legislature to adopt rules

13         authorizing legislative committees to

14         investigate certain persons and entities

15         engaged in legislative lobbying; providing for

16         the commission to investigate certain lobbying

17         firms for lobbying report violations; providing

18         procedures for disposing of lobbying report

19         investigations and proceedings; providing

20         penalties; providing for public access to

21         certain records; authorizing the commission to

22         adopt administration rules and forms relating

23         to compensation reporting; requiring

24         compensation reports to be filed

25         electronically; creating ss. 11.0455 and

26         112.32155, F.S.; defining the term "electronic

27         filing system"; providing requirements for

28         lobbying firms filing reports with the Division

29         of Legislative Information Services and the

30         Commission on Ethics by means of the division's

31         and the commission's electronic filing systems;


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    SB 6-B                                         First Engrossed



 1         providing that such reports are considered to

 2         be certified; providing requirements for the

 3         electronic filing system; providing for the

 4         Legislature and the commission to adopt rules

 5         to administer the electronic filing system;

 6         requiring alternate filing procedures;

 7         requiring the issuance of electronic receipts;

 8         requiring that the division and the commission

 9         provide for public access to certain data;

10         amending s. 11.40, F.S.; requiring that the

11         Legislative Auditing Committee conduct random

12         audits of the compensation reports filed by

13         legislative branch and executive branch

14         lobbying firms; providing definitions;

15         prescribing conditions for the random

16         selection; directing the committee to provide

17         for a system to select lobbying firms to be

18         audited; requiring the committee to create and

19         maintain a list of approved auditors;

20         authorizing certain lobbying firms the ability

21         to select an auditor from an approved list;

22         prohibiting an auditor to audit lobbying firms

23         under specified circumstances; requiring a

24         sworn certification from the auditor and the

25         lobbying firm being audited; providing for

26         certain auditors to be solely engaged and

27         compensated by the state; providing the

28         required contents of the audit report;

29         providing for the determination of violations

30         of law to be made by Legislative rule;

31         prescribing a standard of cooperation by


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    SB 6-B                                         First Engrossed



 1         lobbying firms being audited; providing

 2         guidelines for the committee to establish

 3         procedures for the selection of independent

 4         contractors; requiring the committee to adopt

 5         guidelines that govern random audits and field

 6         investigations; requiring that legislative

 7         lobbying audit reports be forwarded to the

 8         Legislature and executive lobbying audit

 9         reports be sent to the Commission on Ethics;

10         specifying the initial reporting period that is

11         subject to the requirements of the act;

12         prohibiting persons convicted of a felony from

13         being registered as a lobbyist until certain

14         conditions are met; providing effective dates.

15  

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

17  

18         Section 1.  Section 11.045, Florida Statutes, is

19  amended to read:

20         11.045  Lobbying before the Legislature Lobbyists;

21  registration and reporting; exemptions; penalties.--

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

23  otherwise requires:

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

25  charged by the presiding officer with responsibility for

26  ethical conduct of lobbyists.

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

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

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

30  directly or indirectly, by a principal for any lobbying

31  activity.


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    SB 6-B                                         First Engrossed



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

 2  Information Services within the Office of Legislative

 3  Services.

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

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

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

 7  contribution made to a political party regulated under chapter

 8  103 is not deemed an expenditure for purposes of this section.

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

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

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

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

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

14  committee thereof.

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

16  influence legislative action or nonaction through oral or

17  written communication or an attempt to obtain the goodwill of

18  a member or employee of the Legislature.

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

20  including an individual contract lobbyist, that receives or

21  becomes entitled to receive any compensation for the purpose

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

23  the business entity is a lobbyist.

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

25  receives payment, or who contracts for economic consideration,

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

27  employed for governmental affairs by another person or

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

29  governmental entity.

30  

31  


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    SB 6-B                                         First Engrossed



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

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

 3  lobbyist.

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

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

 6  for the registration of lobbyists who lobby the Legislature.

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

 8  The rule may provide for exemptions from registration or

 9  registration fees. The rule shall provide that:

10         (a)  Registration is required for each principal

11  represented.

12         (b)  Registration shall include a statement signed by

13  the principal or principal's representative that the

14  registrant is authorized to represent the principal. The

15  principal shall also identify and designate its main business

16  on the statement authorizing that lobbyist pursuant to a

17  classification system approved by the Office of Legislative

18  Services.

19         (c)  A registrant shall promptly send a written

20  statement to the division canceling the registration for a

21  principal upon termination of the lobbyist's representation of

22  that principal. Notwithstanding this requirement, the division

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

24  registered lobbyists if the principal notifies the office that

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

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

27  extent of any direct business association or partnership with

28  any current member of the Legislature.

29         (e)  Each lobbying firm lobbyist and each principal

30  shall preserve for a period of 4 years all accounts, bills,

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


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    SB 6-B                                         First Engrossed



 1  and records necessary to substantiate compensation lobbying

 2  expenditures. Any documents and records retained pursuant to

 3  this section may be subpoenaed for audit by legislative

 4  subpoena of either house of the Legislature, and the subpoena

 5  inspected under reasonable circumstances by any authorized

 6  representative of the Legislature. The right of inspection may

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

 8  court of competent jurisdiction.

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

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

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

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

13  rule the following reporting requirements:

14         (a)1.  Each lobbying firm shall file a compensation

15  report with the division for each calendar quarter during any

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

17  registered to represent a principal. The report shall include

18  the:

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

20  of the lobbying firm;

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

22         c.  Total compensation provided or owed to the lobbying

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

24  one of the following categories: $0; $1 to $49,999; $50,000 to

25  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000

26  to $999,999; $1 million or more.

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

28  the firm's lobbyists, the lobbying firm's compensation report

29  shall also include the:

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

31  of the principal; and


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    SB 6-B                                         First Engrossed



 1         b.  Total compensation provided or owed to the lobbying

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

 3  following categories: $0; $1 to $9,999; $10,000 to $19,999;

 4  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or

 5  $50,000 or more. If the category, "$50,000 or more" is

 6  selected, the specific dollar amount of compensation must be

 7  reported, rounded up or down to the nearest $1,000.

 8         3.  If the lobbying firm subcontracts work from another

 9  lobbying firm and not from the original principal:

10         a.  The lobbying firm providing the work to be

11  subcontracted shall be treated as the reporting lobbying

12  firm's principal for reporting purposes under this paragraph;

13  and

14         b.  The reporting lobbying firm shall, for each

15  lobbying firm identified under subparagraph 2., identify the

16  name and address of the principal originating the lobbying

17  work.

18         4.  The senior partner, officer, or owner of the

19  lobbying firm shall certify to the veracity and completeness

20  of the information submitted pursuant to this paragraph, and

21  certify that no compensation has been omitted from this report

22  by deeming such compensation as "consulting services," "media

23  services," "professional services," or anything other than

24  compensation, and certify that no officer or employee of the

25  firm has made an expenditure in violation of this section.

26         (b)  For each principal represented by more than one

27  lobbying firm, the division shall aggregate the

28  reporting-period and calendar-year compensation reported as

29  provided or owed by the principal.

30         (a)  Statements shall be filed by all registered

31  lobbyists two times per year, which must disclose all lobbying


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    SB 6-B                                         First Engrossed



 1  expenditures by the lobbyist and the principal and the source

 2  of funds for such expenditures. All expenditures made by the

 3  lobbyist and the principal for the purpose of lobbying must be

 4  reported. Reporting of expenditures shall be made on an

 5  accrual basis. The report of such expenditures must identify

 6  whether the expenditure was made directly by the lobbyist,

 7  directly by the principal, initiated or expended by the

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

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

10  principal is responsible for the accuracy of the expenditures

11  reported as lobbying expenditures made by the principal. The

12  lobbyist is responsible for the accuracy of the expenditures

13  reported as lobbying expenditures made by the lobbyist.

14  Expenditures made must be reported by the category of the

15  expenditure, including, but not limited to, the categories of

16  food and beverages, entertainment, research, communication,

17  media advertising, publications, travel, and lodging. Lobbying

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

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

20  meals, and travel.

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

22  lobbyists, the first lobbyist who registers to represent that

23  principal shall be the designated lobbyist. The designated

24  lobbyist's expenditure report shall include all lobbying

25  expenditures made directly by the principal and those

26  expenditures of the designated lobbyist on behalf of that

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

28  registered to represent that principal shall file a report

29  pursuant to paragraph (a). The report of lobbying expenditures

30  by the principal shall be made pursuant to the requirements of

31  paragraph (a). The principal is responsible for the accuracy


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    SB 6-B                                         First Engrossed



 1  of figures reported by the designated lobbyist as lobbying

 2  expenditures made directly by the principal. The designated

 3  lobbyist is responsible for the accuracy of the figures

 4  reported as lobbying expenditures made by that lobbyist. Each

 5  lobbyist shall file an expenditure report for each period

 6  during any portion of which he or she was registered, and each

 7  principal shall ensure that an expenditure report is filed for

 8  each period during any portion of which the principal was

 9  represented by a registered lobbyist.

10         (c)  For each reporting period the division shall

11  aggregate the expenditures reported by all of the lobbyists

12  for a principal represented by more than one lobbyist.

13  Further, the division shall aggregate figures that provide a

14  cumulative total of expenditures reported as spent by and on

15  behalf of each principal for the calendar year.

16         (c)(d)  The reporting statements shall be filed no

17  later than 45 days after the end of each the reporting period.

18  The four reporting periods are The first report shall include

19  the expenditures for the period from January 1 through March

20  31, April 1 through June 30, July 1 through September 30, and

21  October 1 through December 31, respectively June 30. The

22  second report shall disclose expenditures for the period from

23  July 1 through December 31. The statements shall be rendered

24  in the identical form provided by the respective houses and

25  shall be open to public inspection. Reporting statements may

26  be filed by electronic means, when feasible.

27         (d)(e)  Reports shall be filed not later than 5 p.m. of

28  the report due date. However, any report that is postmarked by

29  the United States Postal Service no later than midnight of the

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

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


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    SB 6-B                                         First Engrossed



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

 2  mailing, or a receipt from an established courier company

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

 4  of mailing in a timely manner.

 5         (e)(f)  Each house of the Legislature shall provide by

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

 7  which a lobbying firm that lobbyist who fails to timely file a

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

 9  provide for the following:

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

11  person designated to review the timeliness of reports shall

12  immediately notify the lobbying firm lobbyist as to the

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

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

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

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

17  to review the timeliness of reports shall determine the amount

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

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

20  registration and reporting office.

21         b.  When the report is postmarked.

22         c.  When the certificate of mailing is dated.

23         d.  When the receipt from an established courier

24  company is dated.

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

26  notice of payment due is transmitted by the Lobbyist

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

28  The moneys shall be deposited into the Legislative Lobbyist

29  Registration Trust Fund.

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

31  firm lobbyist the first time any reports for which the


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    SB 6-B                                         First Engrossed



 1  lobbying firm lobbyist is responsible are not timely filed.

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

 3  which the lobbying firm lobbyist is responsible must be filed

 4  within 30 days after notice that any reports have not been

 5  timely filed is transmitted by the Lobbyist Registration

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

 7  reports.

 8         5.  Any lobbying firm lobbyist may appeal or dispute a

 9  fine, based upon unusual circumstances surrounding the failure

10  to file on the designated due date, and may request and shall

11  be entitled to a hearing before the General Counsel of the

12  Office of Legislative Services, who shall recommend to the

13  President of the Senate and the Speaker of the House of

14  Representatives, or their respective designees, that the fine

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

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

17  Representatives, or their respective designees, may concur in

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

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

20  payment due is transmitted by the Lobbyist Registration

21  Office. In such case, the lobbying firm lobbyist shall, within

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

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

24  request a hearing.

25         6.  A lobbying firm lobbyist, a lobbyist's legal

26  representative, or the principal of a lobbyist may request

27  that the filing of a an expenditure report be waived upon good

28  cause shown, based on unusual circumstances. The request must

29  be filed with the General Counsel of the Office of Legislative

30  Services, who shall make a recommendation concerning the

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


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    SB 6-B                                         First Engrossed



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

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

 3  deny the request.

 4         7.  All lobbyist registrations for lobbyists who are

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

 6  that fails to timely pay a fine are automatically suspended

 7  until the fine is paid or waived, and the division shall

 8  promptly notify all affected principals of any suspension or

 9  reinstatement. The registration of a lobbyist who fails to

10  timely pay a fine is automatically suspended until the fine is

11  paid or waived.

12         8.7.  The person designated to review the timeliness of

13  reports shall notify the director of the division of the

14  failure of a lobbying firm lobbyist to file a report after

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

16  the fine imposed.

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

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

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

20  employee of the Legislature shall knowingly accept, directly

21  or indirectly, any expenditure, except floral arrangements or

22  other celebratory items given to legislators and displayed in

23  chambers the opening day of a regular session.

24         (b)  No person shall provide compensation for lobbying

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

26  firm.

27         (5)(4)  Each house of the Legislature shall provide by

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

29  applicability and interpretation of this section in a

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

31  advisory opinion to the committee of either house and may


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    SB 6-B                                         First Engrossed



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

 2  a procedure by which:

 3         (a)  The committee shall render advisory opinions to

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

 5  particular case would constitute a violation of this section.

 6         (b)  The committee shall make sufficient deletions to

 7  prevent disclosing the identity of persons in the decisions or

 8  opinions.

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

10  numbered, dated, and open to public inspection.

11         (6)(5)  Each house of the Legislature shall provide by

12  rule for keeping keep all advisory opinions of the committees

13  relating to lobbying firms, lobbyists, and lobbying

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

15  house keep a current list of registered lobbyists along with

16  and their respective reports required of lobbying firms under

17  this section, all of which shall be open for public

18  inspection.

19         (7)(6)  Each house of the Legislature shall provide by

20  rule that a the committee of either house shall investigate

21  any person engaged in legislative lobbying upon receipt of a

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

23  112.3148, or s. 112.3149 by such person; also, the rule shall

24  provide that a committee of either house investigate any

25  lobbying firm upon receipt of audit information indicating a

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

27  proceedings shall be conducted pursuant to the rules of the

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

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

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

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


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    SB 6-B                                         First Engrossed



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

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

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

 4  24 months. Upon the receipt of such report, the President of

 5  the Senate or the Speaker of the House of Representatives

 6  shall cause the committee report and recommendations to be

 7  brought before the respective house and a final determination

 8  shall be made by a majority of said house.

 9         (8)(7)  Any person required to be registered or to

10  provide information pursuant to this section or pursuant to

11  rules established in conformity with this section who

12  knowingly fails to disclose any material fact required by this

13  section or by rules established in conformity with this

14  section, or who knowingly provides false information on any

15  report required by this section or by rules established in

16  conformity with this section, commits a noncriminal

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

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

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

20         (9)(8)  There is hereby created the Legislative

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

22  of funding any office established for the administration of

23  the registration of lobbyist lobbying the Legislature,

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

25  the purpose of paying the expenses incurred by the Legislature

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

27  subject to the service charge to general revenue provisions of

28  chapter 215. Fees collected pursuant to rules established in

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

30  Legislative Lobbyist Registration Trust Fund.

31  


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    SB 6-B                                         First Engrossed



 1         Section 2.  Effective April 1, 2007, subsection (3) of

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

 3  amended to read:

 4         11.045  Lobbying before the Legislature; registration

 5  and reporting; exemptions; penalties.--

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

 7  rule the following reporting requirements:

 8         (a)1.  Each lobbying firm shall file a compensation

 9  report with the division for each calendar quarter during any

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

11  registered to represent a principal. The report shall include

12  the:

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

14  of the lobbying firm;

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

16         c.  Total compensation provided or owed to the lobbying

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

18  one of the following categories: $0; $1 to $49,999; $50,000 to

19  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000

20  to $999,999; $1 million or more.

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

22  the firm's lobbyists, the lobbying firm's compensation report

23  shall also include the:

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

25  of the principal; and

26         b.  Total compensation provided or owed to the lobbying

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

28  following categories: $0; $1 to $9,999; $10,000 to $19,999;

29  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or

30  $50,000 or more. If the category, "$50,000 or more" is

31  


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    SB 6-B                                         First Engrossed



 1  selected, the specific dollar amount of compensation must be

 2  reported, rounded up or down to the nearest $1,000.

 3         3.  If the lobbying firm subcontracts work from another

 4  lobbying firm and not from the original principal:

 5         a.  The lobbying firm providing the work to be

 6  subcontracted shall be treated as the reporting lobbying

 7  firm's principal for reporting purposes under this paragraph;

 8  and

 9         b.  The reporting lobbying firm shall, for each

10  lobbying firm identified under subparagraph 2., identify the

11  name and address of the principal originating the lobbying

12  work.

13         4.  The senior partner, officer, or owner of the

14  lobbying firm shall certify to the veracity and completeness

15  of the information submitted pursuant to this paragraph.

16         (b)  For each principal represented by more than one

17  lobbying firm, the division shall aggregate the

18  reporting-period and calendar-year compensation reported as

19  provided or owed by the principal.

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

21  than 45 days after the end of each reporting period. The four

22  reporting periods are from January 1 through March 31, April 1

23  through June 30, July 1 through September 30, and October 1

24  through December 31, respectively. The statements shall be

25  rendered in the identical form provided by the respective

26  houses and shall be open to public inspection. Reporting

27  statements must may be filed by electronic means as provided

28  in s. 11.0455, when feasible.

29         (d)  Reports shall be filed not later than 5 p.m. of

30  the report due date. However, any report that is postmarked by

31  the United States Postal Service no later than midnight of the


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    SB 6-B                                         First Engrossed



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

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

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

 4  mailing, or a receipt from an established courier company

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

 6  of mailing in a timely manner.

 7         (d)(e)  Each house of the Legislature shall provide by

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

 9  which a lobbying firm that fails to timely file a report shall

10  be notified and assessed fines. The rule shall provide for the

11  following:

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

13  person designated to review the timeliness of reports shall

14  immediately notify the lobbying firm as to the failure to

15  timely file the report and that a fine is being assessed for

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

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

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

19  to review the timeliness of reports shall determine the amount

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

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

22  registration and reporting office.

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

24  11.0455 is dated. When the report is postmarked.

25         c.  When the certificate of mailing is dated.

26         d.  When the receipt from an established courier

27  company is dated.

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

29  notice of payment due is transmitted by the Lobbyist

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

31  


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    SB 6-B                                         First Engrossed



 1  The moneys shall be deposited into the Legislative Lobbyist

 2  Registration Trust Fund.

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

 4  firm the first time any reports for which the lobbying firm is

 5  responsible are not timely filed. However, to receive the

 6  one-time fine waiver, all reports for which the lobbying firm

 7  is responsible must be filed within 30 days after notice that

 8  any reports have not been timely filed is transmitted by the

 9  Lobbyist Registration Office. A fine shall be assessed for any

10  subsequent late-filed reports.

11         5.  Any lobbying firm may appeal or dispute a fine,

12  based upon unusual circumstances surrounding the failure to

13  file on the designated due date, and may request and shall be

14  entitled to a hearing before the General Counsel of the Office

15  of Legislative Services, who shall recommend to the President

16  of the Senate and the Speaker of the House of Representatives,

17  or their respective designees, that the fine be waived in

18  whole or in part for good cause shown. The President of the

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

20  their respective designees, may concur in the recommendation

21  and waive the fine in whole or in part. Any such request shall

22  be made within 30 days after the notice of payment due is

23  transmitted by the Lobbyist Registration Office. In such case,

24  the lobbying firm shall, within the 30-day period, notify the

25  person designated to review the timeliness of reports in

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

27         6.  A lobbying firm may request that the filing of a

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

29  circumstances. The request must be filed with the General

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

31  a recommendation concerning the waiver request to the


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    SB 6-B                                         First Engrossed



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

 2  Representatives. The President of the Senate and the Speaker

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

 4         7.  All lobbyist registrations for lobbyists who are

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

 6  that fails to timely pay a fine are automatically suspended

 7  until the fine is paid or waived, and the division shall

 8  promptly notify all affected principals of any suspension or

 9  reinstatement.

10         8.  The person designated to review the timeliness of

11  reports shall notify the director of the division of the

12  failure of a lobbying firm to file a report after notice or of

13  the failure of a lobbying firm to pay the fine imposed.

14         Section 3.  Effective April 1, 2007, section 11.0455,

15  Florida Statutes, is created to read:

16         11.0455  Electronic filing of compensation reports and

17  other information.--

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

19  filing system" means an Internet system for recording and

20  reporting lobbying compensation and other required information

21  by reporting period.

22         (2)  Each lobbying firm that is required to file

23  reports with the Division of Legislative Information Services

24  pursuant to s. 11.045 must file such reports with the division

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

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

27  completed and filed through the electronic filing system not

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

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

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

31  11.045(3).


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    SB 6-B                                         First Engrossed



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

 2  considered to meet the certification requirements of s.

 3  11.045(3)(a)4., and as such subjects the person responsible

 4  for filing and the lobbying firm to the provisions of ss.

 5  11.045(7) and (8). Persons given a secure sign-on to the

 6  electronic filing system are responsible for protecting it

 7  from disclosure and are responsible for all filings using such

 8  credentials, unless they have notified the division that their

 9  credentials have been compromised.

10         (5)  The electronic filing system developed by the

11  division must:

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

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

14  standard web-browsing software.

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

16  information as well as upload of such information from

17  software authorized by the division.

18         (d)  Provide a method that prevents unauthorized access

19  to electronic filing system functions.

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

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

22  procedures to implement and administer this section,

23  including, but not limited to:

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

25  electronic filing system is not operable.

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

27  person submitting the report indicating and verifying the date

28  and time that the report was filed.

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

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

31  the Internet in an easily understood and accessible format.


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    SB 6-B                                         First Engrossed



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

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

 3  firms, and principals, the affiliations between lobbyists and

 4  principals, and the classification system designated and

 5  identified by each principal pursuant to s. 11.045(2).

 6         Section 4.  Effective February 15, 2007, subsection (6)

 7  is added to section 11.40, Florida Statutes, to read:

 8         11.40  Legislative Auditing Committee.--

 9         (6)(a)  As used in this subsection, "independent

10  contract auditor" means a state-licensed certified public

11  accountant or firm with which a state-licensed certified

12  public accountant is currently employed or associated who is

13  actively engaged in the accounting profession.

14         (b)  Audits specified in this subsection cover the

15  quarterly compensation reports for the previous calendar year

16  for a random sample of 3 percent of all legislative branch

17  lobbying firms and a random sample of 3 percent of all

18  executive branch lobbying firms calculated using as the total

19  number of such lobbying firms those filing a compensation

20  report for the preceding calendar year. The committee shall

21  provide for a system of random selection of the lobbying firms

22  to be audited.

23         (c)  The committee shall create and maintain a list of

24  not less than 10 independent contract auditors approved to

25  conduct the required audits. Each lobbying firm selected for

26  audit in the random audit process may designate one of the

27  independent contract auditors from the committee's approved

28  list. Upon failure for any reason of a lobbying firm selected

29  in the random selection process to designate an independent

30  contract auditor from the committee's list within 30 calendar

31  days after being notified by the committee of its selection,


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    SB 6-B                                         First Engrossed



 1  the committee shall assign one of the available independent

 2  contract auditors from the approved list to perform the

 3  required audit. No independent contract auditor, whether

 4  designated by the lobbying firm or by the committee, may

 5  perform the audit of a lobbying firm where the auditor and

 6  lobbying firm have ever had a direct personal relationship or

 7  any professional accounting, auditing, tax advisory, or tax

 8  preparing relationship with each other. The committee shall

 9  obtain a written, sworn certification subject to s. 837.06,

10  both from the randomly selected lobbying firm and from the

11  proposed independent contract auditor, that no such

12  relationship has ever existed.

13         (d)  Each independent contract auditor shall be engaged

14  by and compensated solely by the state for the work performed

15  in accomplishing an audit under this subsection.

16         (e)  Any violations of law, deficiencies, or material

17  misstatements discovered and noted in an audit report shall be

18  clearly identified in the audit report and be determined under

19  the rules of either house of the Legislature or under the

20  joint rules, as applicable.

21         (f)  If any lobbying firm fails to give full, frank,

22  and prompt cooperation and access to books, records, and

23  associated backup documents as requested in writing by the

24  auditor, that failure shall be clearly noted by the

25  independent contract auditor in the report of audit.

26         (g)  The committee shall establish procedures for the

27  selection of independent contract auditors desiring to enter

28  into audit contracts pursuant to this subsection. Such

29  procedures shall include, but not be limited to, a rating

30  system that takes into account pertinent information,

31  including the independent contract auditor's fee proposals for


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    SB 6-B                                         First Engrossed



 1  participating in the process. All contracts under this

 2  subsection between an independent contract auditor and the

 3  Speaker of the House of Representatives and the President of

 4  the Senate shall be terminable by either party at any time

 5  upon written notice to the other, and such contracts may

 6  contain such other terms and conditions as the Speaker of the

 7  House of Representatives and the President of the Senate deem

 8  appropriate under the circumstances.

 9         (h)  The committee shall adopt guidelines that govern

10  random audits and field investigations conducted pursuant to

11  this subsection. The guidelines shall ensure that similarly

12  situated compensation reports are audited in a uniform manner.

13  The guidelines shall also be formulated to encourage

14  compliance and detect violations of the legislative and

15  executive lobbying compensation reporting requirements in ss.

16  11.045 and 112.3215 and to ensure that each audit is conducted

17  with maximum efficiency in a cost-effective manner. In

18  adopting the guidelines, the committee shall consider relevant

19  guidelines and standards of the American Institute of

20  Certified Public Accountants to the extent that such

21  guidelines and standards are applicable and consistent with

22  the purposes set forth in this subsection.

23         (i)  All audit reports of legislative lobbying firms

24  shall, upon completion by an independent contract auditor, be

25  delivered to the President of the Senate and the Speaker of

26  the House of Representatives for their respective review and

27  handling. All audit reports of executive branch lobbyists,

28  upon completion by an independent contract auditor, shall be

29  delivered by the auditor to the Commission on Ethics.

30         Section 5.  Section 112.3215, Florida Statutes, is

31  amended to read:


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    SB 6-B                                         First Engrossed



 1         112.3215  Lobbying Lobbyists before the executive

 2  branch or the Constitution Revision Commission; registration

 3  and reporting; investigation by commission.--

 4         (1)  For the purposes of this section:

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

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

 7  authority of the executive branch. In addition, "agency" shall

 8  mean the Constitution Revision Commission as provided by s. 2,

 9  Art. XI of the State Constitution.

10         (b)  "Agency official" or "employee" means any

11  individual who is required by law to file full or limited

12  public disclosure of his or her financial interests.

13         (c)  "Compensation" means a payment, distribution,

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

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

16  directly or indirectly, by a principal for any lobbying

17  activity.

18         (d)(b)  "Expenditure" means a payment, distribution,

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

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

21  contribution made to a political party regulated under chapter

22  103 is not deemed an expenditure for purposes of this section.

23         (e)(c)  "Fund" means the Executive Branch Lobby

24  Registration Trust Fund.

25         (f)(d)  "Lobbies" means seeking, on behalf of another

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

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

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

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

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

31  action or nonaction through oral or written communication or


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    SB 6-B                                         First Engrossed



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

 2  the Constitution Revision Commission.

 3         (g)  "Lobbying firm" means a business entity, including

 4  an individual contract lobbyist, that receives or becomes

 5  entitled to receive any compensation for the purpose of

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

 7  the business entity is a lobbyist.

 8         (h)(e)  "Lobbyist" means a person who is employed and

 9  receives payment, or who contracts for economic consideration,

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

11  employed for governmental affairs by another person or

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

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

14  is:

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

16  in a judicial proceeding or in a formal administrative

17  proceeding conducted pursuant to chapter 120 or any other

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

19  authority of this state.

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

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

22  her duties.

23         3.  A confidential informant who is providing, or

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

25  enforcement purposes.

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

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

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

29         (i)(f)  "Principal" means the person, firm,

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

31  lobbyist.


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    SB 6-B                                         First Engrossed



 1         (2)  The Executive Branch Lobby Registration Trust Fund

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

 3  purpose of funding any office established to administer the

 4  registration of lobbyists lobbying an agency, including the

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

 6  subject to the service charge to General Revenue provisions of

 7  chapter 215. All annual registration fees collected pursuant

 8  to this section shall be deposited into such fund.

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

10  has registered as a lobbyist with the commission. Such

11  registration shall be due upon initially being retained to

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

13  Upon registration the person shall provide a statement signed

14  by the principal or principal's representative that the

15  registrant is authorized to represent the principal. The

16  principal shall also identify and designate its main business

17  on the statement authorizing that lobbyist pursuant to a

18  classification system approved by the commission. The

19  registration shall require each the lobbyist to disclose,

20  under oath, the following information:

21         (a)  Name and business address;

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

23  represented;

24         (c)  His or her area of interest;

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

26  and

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

28  association, partnership, or financial relationship with any

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

30  to lobby, as disclosed in the registration.

31  


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    SB 6-B                                         First Engrossed



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

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

 3  principal represented.

 4         (5)(a)1.  Each lobbying firm shall file a compensation

 5  report with the commission for each calendar quarter during

 6  any 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  


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    SB 6-B                                         First Engrossed



 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, and

12  certify that no compensation has been omitted from this report

13  by deeming such compensation as "consulting services," "media

14  services," "professional services," or anything other than

15  compensation, and certify that no officer or employee of the

16  firm has made an expenditure in violation of this section.

17         (b)  For each principal represented by more than one

18  lobbying firm, the commission shall aggregate the

19  reporting-period and calendar-year compensation reported as

20  provided or owed by the principal.

21         (a)  A registered lobbyist must also submit to the

22  commission, biannually, a signed expenditure report

23  summarizing all lobbying expenditures by the lobbyist and the

24  principal for each 6-month period during any portion of which

25  the lobbyist is registered. All expenditures made by the

26  lobbyist and the principal for the purpose of lobbying must be

27  reported. Reporting of expenditures shall be on an accrual

28  basis. The report of such expenditures must identify whether

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

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

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


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    SB 6-B                                         First Engrossed



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

 2  responsible for the accuracy of the expenditures reported as

 3  lobbying expenditures made by the principal. The lobbyist is

 4  responsible for the accuracy of the expenditures reported as

 5  lobbying expenditures made by the lobbyist. Expenditures made

 6  must be reported by the category of the expenditure,

 7  including, but not limited to, the categories of food and

 8  beverages, entertainment, research, communication, media

 9  advertising, publications, travel, and lodging. Lobby

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

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

12  meals, and travel.

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

14  lobbyists shall designate one lobbyist whose expenditure

15  report shall include all lobbying expenditures made directly

16  by the principal and those expenditures of the designated

17  lobbyist on behalf of that principal as required by paragraph

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

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

20  report of lobbying expenditures by the principal shall be made

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

22  is responsible for the accuracy of figures reported by the

23  designated lobbyist as lobbying expenditures made directly by

24  the principal. The designated lobbyist is responsible for the

25  accuracy of the figures reported as lobbying expenditures made

26  by that lobbyist.

27         (c)  For each reporting period the commission shall

28  aggregate the expenditures of all lobbyists for a principal

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

30  shall aggregate figures that provide a cumulative total of

31  


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    SB 6-B                                         First Engrossed



 1  expenditures reported as spent by and on behalf of each

 2  principal for the calendar year.

 3         (c)(d)  The reporting statements shall be filed no

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

 5  shall include the expenditures for the period The four

 6  reporting periods are from January 1 through March 31 June 30,

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

 8  October 1 through December 31, respectively.

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

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

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

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

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

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

15  mailing, or a receipt from an established courier company

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

17  of mailing in a timely manner.

18         (e)(f)  The commission shall provide by rule a

19  procedure by which a lobbying firm that lobbyist who fails to

20  timely file a report shall be notified and assessed fines. The

21  rule shall provide for the following:

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

23  person designated to review the timeliness of reports shall

24  immediately notify the lobbying firm lobbyist as to the

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

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

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

28  report.

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

30  to review the timeliness of reports shall determine the amount

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


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    SB 6-B                                         First Engrossed



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

 2  registration and reporting office.

 3         b.  When the report is postmarked.

 4         c.  When the certificate of mailing is dated.

 5         d.  When the receipt from an established courier

 6  company is dated.

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

 8  notice of payment due is transmitted by the Lobbyist

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

10  The moneys shall be deposited into the Executive Branch Lobby

11  Registration Trust Fund.

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

13  firm lobbyist the first time any reports for which the

14  lobbying firm lobbyist is responsible are not timely filed.

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

16  which the lobbying firm lobbyist is responsible must be filed

17  within 30 days after the notice that any reports have not been

18  timely filed is transmitted by the Lobbyist Registration

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

20  reports.

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

22  fine, based upon unusual circumstances surrounding the failure

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

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

25  have the authority to waive the fine in whole or in part for

26  good cause shown. Any such request shall be made within 30

27  days after the notice of payment due is transmitted by the

28  Lobbyist Registration Office. In such case, the lobbying firm

29  lobbyist shall, within the 30-day period, notify the person

30  designated to review the timeliness of reports in writing of

31  


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    SB 6-B                                         First Engrossed



 1  his or her intention to bring the matter before the

 2  commission.

 3         6.  The person designated to review the timeliness of

 4  reports shall notify the commission of the failure of a

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

 6  failure of a lobbying firm lobbyist to pay the fine imposed.

 7         7.  Notwithstanding any provision of chapter 120, any

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

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

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

11  after the commission renders a final order on the lobbying

12  firm's lobbyist's appeal shall be collected by the Department

13  of Financial Services as a claim, debt, or other obligation

14  owed to the state, and the department may assign the

15  collection of such fine to a collection agent as provided in

16  s. 17.20.

17         (f)(g)  The commission shall adopt a rule which allows

18  reporting statements to be filed by electronic means, when

19  feasible.

20         (g)(h)  Each lobbying firm lobbyist and each principal

21  shall preserve for a period of 4 years all accounts, bills,

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

23  and records necessary to substantiate compensation lobbying

24  expenditures. Any documents and records retained pursuant to

25  this section may be subpoenaed for audit by the Legislative

26  Auditing Committee pursuant to s. 11.40, and such subpoena

27  inspected under reasonable circumstances by any authorized

28  representative of the commission. The right of inspection may

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

30  court of competent jurisdiction.

31  


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    SB 6-B                                         First Engrossed



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

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

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

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

 5  or indirectly, any expenditure.

 6         (b)  No person shall provide compensation for lobbying

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

 8  firm.

 9         (7)(6)  A lobbyist shall promptly send a written

10  statement to the commission canceling the registration for a

11  principal upon termination of the lobbyist's representation of

12  that principal. Notwithstanding this requirement, the

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

14  registered lobbyists if the principal notifies the office that

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

16  Each lobbyist is responsible for filing an expenditure report

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

18  registered, and each principal is responsible for seeing that

19  an expenditure report is filed for each period during any

20  portion of which the principal was represented by a registered

21  lobbyist.

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

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

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

25  compensation an expenditure report, or has knowingly submitted

26  false information in any report or registration required in

27  this section.

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

29  relating to the investigation are confidential and exempt from

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

31  State Constitution, and any meetings held pursuant to an


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    SB 6-B                                         First Engrossed



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

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

 3  the alleged violator requests in writing that such

 4  investigation and associated records and meetings be made

 5  public or until the commission determines, based on the

 6  investigation, whether probable cause exists to believe that a

 7  violation has occurred.

 8         (c)  The commission shall investigate any lobbying

 9  firm, agency, officer, or employee upon receipt of information

10  from a sworn complaint or from a random audit of lobbying

11  reports indicating a possible violation other than a

12  late-filed report.

13         (9)(8)  If the commission finds no probable cause to

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

15  dismiss the complaint, whereupon the complaint, together with

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

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

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

19  findings, and summary to the complainant and the alleged

20  violator. If, after investigating information from a random

21  audit of lobbying reports, the commission finds no probable

22  cause to believe that a violation of this section occurred, a

23  written statement of the findings of the investigation and a

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

25  and the commission shall send a copy of the findings and

26  summary to the alleged violator. If the commission finds

27  probable cause to believe that a violation occurred, it shall

28  report the results of its investigation to the Governor and

29  Cabinet and send a copy of the report to the alleged violator

30  by certified mail. Such notification and all documents made or

31  received in the disposition of the complaint shall then become


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    SB 6-B                                         First Engrossed



 1  public records. Upon request submitted to the Governor and

 2  Cabinet in writing, any person whom the commission finds

 3  probable cause to believe has violated any provision of this

 4  section shall be entitled to a public hearing. Such person

 5  shall be deemed to have waived the right to a public hearing

 6  if the request is not received within 14 days following the

 7  mailing of the probable cause notification. However, the

 8  Governor and Cabinet may on its own motion require a public

 9  hearing and may conduct such further investigation as it deems

10  necessary.

11         (10)(9)  If the Governor and Cabinet finds that a

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

13  violator, or prohibit the violator from lobbying all agencies

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

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

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

17  Branch Lobby Registration Trust Fund.

18         (11)(10)  Any person, when in doubt about the

19  applicability and interpretation of this section to himself or

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

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

22  advisory opinion to establish the standard of duty. An

23  advisory opinion shall be rendered by the commission and,

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

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

26  omitted or misstated in the request.

27         (12)(11)  Agencies shall be diligent to ascertain

28  whether persons required to register pursuant to this section

29  have complied. An agency may not knowingly permit a person who

30  is not registered pursuant to this section to lobby the

31  agency.


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    SB 6-B                                         First Engrossed



 1         (13)(12)  Upon discovery of violations of this section

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

 3  commission.

 4         (14)(13)  The commission shall adopt rules to

 5  administer this section, which shall prescribe forms for

 6  registration and compensation expenditure reports, procedures

 7  for registration, and procedures that will prevent disclosure

 8  of information that is confidential as provided in this

 9  section.

10         Section 6.  Effective April 1, 2007, subsection (5) of

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

12  amended to read:

13         112.3215  Lobbying before the executive branch or the

14  Constitution Revision Commission; registration and reporting;

15  investigation by commission.--

16         (5)(a)1.  Each lobbying firm shall file a compensation

17  report with the commission for each calendar quarter during

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

19  registered to represent a principal. The report shall include

20  the:

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

22  of the lobbying firm;

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

24         c.  Total compensation provided or owed to the lobbying

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

26  one of the following categories: $0; $1 to $49,999; $50,000 to

27  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000

28  to $999,999; $1 million or more.

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

30  the firm's lobbyists, the lobbying firm's compensation report

31  shall also include the:


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    SB 6-B                                         First Engrossed



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

 2  of the principal; and

 3         b.  Total compensation provided or owed to the lobbying

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

 5  following categories: $0; $1 to $9,999; $10,000 to $19,999;

 6  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or

 7  $50,000 or more. If the category, "$50,000 or more" is

 8  selected, the specific dollar amount of compensation must be

 9  reported, rounded up or down to the nearest $1,000.

10         3.  If the lobbying firm subcontracts work from another

11  lobbying firm and not from the original principal:

12         a.  The lobbying firm providing the work to be

13  subcontracted shall be treated as the reporting lobbying

14  firm's principal for reporting purposes under this paragraph;

15  and

16         b.  The reporting lobbying firm shall, for each

17  lobbying firm identified under subparagraph 2., identify the

18  name and address of the principal originating the lobbying

19  work.

20         4.  The senior partner, officer, or owner of the

21  lobbying firm shall certify to the veracity and completeness

22  of the information submitted pursuant to this paragraph.

23         (b)  For each principal represented by more than one

24  lobbying firm, the commission shall aggregate the

25  reporting-period and calendar-year compensation reported as

26  provided or owed by the principal.

27         (c)  The reporting statements shall be filed no later

28  than 45 days after the end of each reporting period. The four

29  reporting periods are from January 1 through March 31, April 1

30  through June 30, July 1 through September 30, and October 1

31  


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    SB 6-B                                         First Engrossed



 1  through December 31, respectively. Reporting statements must

 2  be filed by electronic means as provided in s. 112.32155.

 3         (d)  Reports shall be filed not later than 5 p.m. of

 4  the report due date. However, any report that is postmarked by

 5  the United States Postal Service no later than midnight of the

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

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

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

 9  mailing, or a receipt from an established courier company

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

11  of mailing in a timely manner.

12         (d)(e)  The commission shall provide by rule a

13  procedure by which a lobbying firm that fails to timely file a

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

15  provide for the following:

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

17  person designated to review the timeliness of reports shall

18  immediately notify the lobbying firm as to the failure to

19  timely file the report and that a fine is being assessed for

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

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

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

23  to review the timeliness of reports shall determine the amount

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

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

26  registration and reporting office.

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

28  112.32155 is dated. When the report is postmarked.

29         c.  When the certificate of mailing is dated.

30         d.  When the receipt from an established courier

31  company is dated.


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    SB 6-B                                         First Engrossed



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

 2  notice of payment due is transmitted by the Lobbyist

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

 4  The moneys shall be deposited into the Executive Branch Lobby

 5  Registration Trust Fund.

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

 7  firm the first time any reports for which the lobbying firm is

 8  responsible are not timely filed. However, to receive the

 9  one-time fine waiver, all reports for which the lobbying firm

10  is responsible must be filed within 30 days after the notice

11  that any reports have not been timely filed is transmitted by

12  the Lobbyist Registration Office. A fine shall be assessed for

13  any subsequent late-filed reports.

14         5.  Any lobbying firm may appeal or dispute a fine,

15  based upon unusual circumstances surrounding the failure to

16  file on the designated due date, and may request and shall be

17  entitled to a hearing before the commission, which shall have

18  the authority to waive the fine in whole or in part for good

19  cause shown. Any such request shall be made within 30 days

20  after the notice of payment due is transmitted by the Lobbyist

21  Registration Office. In such case, the lobbying firm shall,

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

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

24  intention to bring the matter before the commission.

25         6.  The person designated to review the timeliness of

26  reports shall notify the commission of the failure of a

27  lobbying firm to file a report after notice or of the failure

28  of a lobbying firm to pay the fine imposed.

29         7.  Notwithstanding any provision of chapter 120, any

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

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


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    SB 6-B                                         First Engrossed



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

 2  after the commission renders a final order on the lobbying

 3  firm's appeal shall be collected by the Department of

 4  Financial Services as a claim, debt, or other obligation owed

 5  to the state, and the department may assign the collection of

 6  such fine to a collection agent as provided in s. 17.20.

 7         (f)  The commission shall adopt a rule which allows

 8  reporting statements to be filed by electronic means, when

 9  feasible.

10         (e)(g)  Each lobbying firm and each principal shall

11  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. Any

14  documents and records retained pursuant to this section may be

15  subpoenaed for audit by the Legislative Auditing Committee

16  pursuant to s. 11.40, and such subpoena may be enforced in

17  circuit court.

18         Section 7.  Effective April 1, 2007, section 112.32155,

19  Florida Statutes, is created to read:

20         112.32155  Electronic filing of compensation reports

21  and other information.--

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

23  filing system" means an Internet system for recording and

24  reporting lobbying compensation and other required information

25  by reporting period.

26         (2)  Each lobbying firm who is required to file reports

27  with the Commission on Ethics pursuant to s. 112.3215 must

28  file such reports with the commission by means of the

29  electronic filing system.

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

31  completed and filed through the electronic filing system not


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    SB 6-B                                         First Engrossed



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

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

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

 4  112.3215(5).

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

 6  considered to meet the certification requirements of s.

 7  112.3215(5)(a)4. Persons given a secure sign-on to the

 8  electronic filing system are responsible for protecting it

 9  from disclosure and are responsible for all filings using such

10  credentials, unless they have notified the commission that

11  their credentials have been compromised.

12         (5)  The electronic filing system must:

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

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

15  standard web-browsing software.

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

17  information as well as upload of such information from

18  software authorized by the commission.

19         (d)  Provide a method that prevents unauthorized access

20  to electronic filing system functions.

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

22  implement and administer this section, including, but not

23  limited to:

24         (a)  Alternate filing procedures in case the electronic

25  filing system is not operable.

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

27  person submitting the report indicating and verifying the date

28  and time that the report was filed.

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

30  available on the Internet in an easily understood and

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


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    SB 6-B                                         First Engrossed



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

 2  lobbyists, lobbying firms, and principals, affiliations

 3  between lobbyists and principals, and the classification

 4  system designated and identified by each principal pursuant to

 5  s. 112.3215(3).

 6         Section 8.  The first compensation reports subject to

 7  the amended reporting requirements in this act must be filed

 8  by May 15, 2006, and encompass the reporting period from

 9  January 1, 2006, through March 31, 2006.

10         Section 9.  A person convicted of a felony after

11  January 1, 2006, may not be registered as a lobbyist pursuant

12  to s. 11.045 or s. 112.3125, Florida Statutes, until the

13  person:

14         (1)  Has been released from incarceration and any

15  postconviction supervision, and has paid all court costs and

16  court-ordered restitution; and

17         (2)  Has had his or her civil rights restored.

18         Section 10.  Except as otherwise expressly provided in

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

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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