HB 1539

1	A bill to be entitled
2	An act relating to lobbying; amending ss. 11.045 and
3	112.3215, F.S.; revising provisions relating to reporting
4	requirements for legislative lobbyists and lobbyists of
5	the executive branch and Constitution Revision Commission;
6	removing a requirement that each lobbying firm and
7	principal maintain certain records and documents for a
8	specified period; removing a provision specifying judicial
9	jurisdiction for enforcing the right to subpoena certain
10	documents and records for audit; removing requirements for
11	each lobbying firm to file quarterly compensation reports;
12	removing a requirement that the Legislature adopt rules
13	authorizing legislative committees to investigate any
14	lobbying firm upon receipt of certain information;
15	removing a provision authorizing the Commission on Ethics
16	to adopt rules and forms relating to compensation
17	reporting; amending ss. 11.0455 and 112.32155, F.S.;
18	revising the definition of the term "electronic filing
19	system"; removing provisions relating to electronic
20	compensation report filing requirements; amending s.
21	112.313, F.S.; correcting a reference; repealing ss. 2, 4,
22	and 6 of ch. 2005-359, Laws of Florida, relating to
23	reporting requirements for legislative lobbyists,
24	compensation report auditing requirements for the
25	Legislative Auditing Committee, and reporting requirements
26	for lobbyists of the executive branch and Constitution
27	Revision Commission; providing effective dates.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Section 11.045, Florida Statutes, as amended by
32	section 1 of chapter 2005-359, Laws of Florida, is amended to
33	read:
34	11.045  Lobbying before the Legislature; registration and
35	reporting; exemptions; penalties.--
36	(1)  As used in this section, unless the context otherwise
37	requires:
38	(a)  "Committee" means the committee of each house charged
39	by the presiding officer with responsibility for ethical conduct
40	of lobbyists.
41	(b)  "Compensation" means a payment, distribution, loan,
42	advance, reimbursement, deposit, salary, fee, retainer, or
43	anything of value provided or owed to a lobbying firm, directly
44	or indirectly, by a principal for any lobbying activity.
45	(c)  "Division" means the Division of Legislative
46	Information Services within the Office of Legislative Services.
47	(d)  "Expenditure" means a payment, distribution, loan,
48	advance, reimbursement, deposit, or anything of value made by a
49	lobbyist or principal for the purpose of lobbying. A
50	contribution made to a political party regulated under chapter
51	103 is not deemed an expenditure for purposes of this section.
52	(e)  "Legislative action" means introduction, sponsorship,
53	testimony, debate, voting, or any other official action on any
54	measure, resolution, amendment, nomination, appointment, or
55	report of, or any matter which may be the subject of action by,
56	either house of the Legislature or any committee thereof.
57	(f)  "Lobbying" means influencing or attempting to
58	influence legislative action or nonaction through oral or
59	written communication or an attempt to obtain the goodwill of a
60	member or employee of the Legislature.
61	(g)  "Lobbying firm" means any business entity, including
62	an individual contract lobbyist, that receives or becomes
63	entitled to receive any compensation for the purpose of
64	lobbying, where any partner, owner, officer, or employee of the
65	business entity is a lobbyist.
66	(h)  "Lobbyist" means a person who is employed and receives
67	payment, or who contracts for economic consideration, for the
68	purpose of lobbying, or a person who is principally employed for
69	governmental affairs by another person or governmental entity to
70	lobby on behalf of that other person or governmental entity.
71	(i)  "Principal" means the person, firm, corporation, or
72	other entity which has employed or retained a lobbyist.
73	(2)  Each house of the Legislature shall provide by rule,
74	or may provide by a joint rule adopted by both houses, for the
75	registration of lobbyists who lobby the Legislature. The rule
76	may provide for the payment of a registration fee. The rule may
77	provide for exemptions from registration or registration fees.
78	The rule shall provide that:
79	(a)  Registration is required for each principal
80	represented.
81	(b)  Registration shall include a statement signed by the
82	principal or principal's representative that the registrant is
83	authorized to represent the principal. The principal shall also
84	identify and designate its main business on the statement
85	authorizing that lobbyist pursuant to a classification system
86	approved by the Office of Legislative Services.
87	(c)  A registrant shall promptly send a written statement
88	to the division canceling the registration for a principal upon
89	termination of the lobbyist's representation of that principal.
90	Notwithstanding this requirement, the division may remove the
91	name of a registrant from the list of registered lobbyists if
92	the principal notifies the office that a person is no longer
93	authorized to represent that principal.
94	(d)  Every registrant shall be required to state the extent
95	of any direct business association or partnership with any
96	current member of the Legislature.
97	(e)  Each lobbying firm and each principal shall preserve
98	for a period of 4 years all accounts, bills, receipts, computer
99	records, books, papers, and other documents and records
100	necessary to substantiate compensation. Any documents and
101	records retained pursuant to this section may be subpoenaed for
102	audit by legislative subpoena of either house of the
103	Legislature, and the subpoena may be enforced in circuit court.
104	(e)(f)  All registrations shall be open to the public.
105	(f)(g)  Any person who is exempt from registration under
106	the rule shall not be considered a lobbyist for any purpose.
107	(3)  Each house of the Legislature shall provide by rule
108	the following reporting requirements:
109	(a)1.  Each lobbying firm shall file a compensation report
110	with the division for each calendar quarter during any portion
111	of which one or more of the firm's lobbyists were registered to
112	represent a principal. The report shall include the:
113	a.  Full name, business address, and telephone number of
114	the lobbying firm;
115	b.  Name of each of the firm's lobbyists; and
116	c.  Total compensation provided or owed to the lobbying
117	firm from all principals for the reporting period, reported in
118	one of the following categories: $0; $1 to $49,999; $50,000 to
119	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
120	$999,999; $1 million or more.
121	2.  For each principal represented by one or more of the
122	firm's lobbyists, the lobbying firm's compensation report shall
123	also include the:
124	a.  Full name, business address, and telephone number of
125	the principal; and
126	b.  Total compensation provided or owed to the lobbying
127	firm for the reporting period, reported in one of the following
128	categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
129	$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
130	more. If the category "$50,000 or more" is selected, the
131	specific dollar amount of compensation must be reported, rounded
132	up or down to the nearest $1,000.
133	3.  If the lobbying firm subcontracts work from another
134	lobbying firm and not from the original principal:
135	a.  The lobbying firm providing the work to be
136	subcontracted shall be treated as the reporting lobbying firm's
137	principal for reporting purposes under this paragraph; and
138	b.  The reporting lobbying firm shall, for each lobbying
139	firm identified under subparagraph 2., identify the name and
140	address of the principal originating the lobbying work.
141	4.  The senior partner, officer, or owner of the lobbying
142	firm shall certify to the veracity and completeness of the
143	information submitted pursuant to this paragraph, and certify
144	that no compensation has been omitted from this report by
145	deeming such compensation as "consulting services," "media
146	services," "professional services," or anything other than
147	compensation, and certify that no officer or employee of the
148	firm has made an expenditure in violation of this section.
149	(b)  For each principal represented by more than one
150	lobbying firm, the division shall aggregate the reporting-period
151	and calendar-year compensation reported as provided or owed by
152	the principal.
153	(c)  The reporting statements shall be filed no later than
154	45 days after the end of each reporting period. The four
155	reporting periods are from January 1 through March 31, April 1
156	through June 30, July 1 through September 30, and October 1
157	through December 31, respectively. The statements shall be
158	rendered in the identical form provided by the respective houses
159	and shall be open to public inspection. Reporting statements may
160	be filed by electronic means, when feasible.
161	(d)  Reports shall be filed not later than 5 p.m. of the
162	report due date. However, any report that is postmarked by the
163	United States Postal Service no later than midnight of the due
164	date shall be deemed to have been filed in a timely manner, and
165	a certificate of mailing obtained from and dated by the United
166	States Postal Service at the time of the mailing, or a receipt
167	from an established courier company which bears a date on or
168	before the due date, shall be proof of mailing in a timely
169	manner.
170	(e)  Each house of the Legislature shall provide by rule,
171	or both houses may provide by joint rule, a procedure by which a
172	lobbying firm that fails to timely file a report shall be
173	notified and assessed fines. The rule shall provide for the
174	following:
175	1.  Upon determining that the report is late, the person
176	designated to review the timeliness of reports shall immediately
177	notify the lobbying firm as to the failure to timely file the
178	report and that a fine is being assessed for each late day. The
179	fine shall be $50 per day per report for each late day, not to
180	exceed $5,000 per report.
181	2.  Upon receipt of the report, the person designated to
182	review the timeliness of reports shall determine the amount of
183	the fine due based upon the earliest of the following:
184	a.  When a report is actually received by the lobbyist
185	registration and reporting office.
186	b.  When the report is postmarked.
187	c.  When the certificate of mailing is dated.
188	d.  When the receipt from an established courier company is
189	dated.
190	3.  Such fine shall be paid within 30 days after the notice
191	of payment due is transmitted by the Lobbyist Registration
192	Office, unless appeal is made to the division. The moneys shall
193	be deposited into the Legislative Lobbyist Registration Trust
194	Fund.
195	4.  A fine shall not be assessed against a lobbying firm
196	the first time any reports for which the lobbying firm is
197	responsible are not timely filed. However, to receive the one-
198	time fine waiver, all reports for which the lobbying firm is
199	responsible must be filed within 30 days after notice that any
200	reports have not been timely filed is transmitted by the
201	Lobbyist Registration Office. A fine shall be assessed for any
202	subsequent late-filed reports.
203	5.  Any lobbying firm may appeal or dispute a fine, based
204	upon unusual circumstances surrounding the failure to file on
205	the designated due date, and may request and shall be entitled
206	to a hearing before the General Counsel of the Office of
207	Legislative Services, who shall recommend to the President of
208	the Senate and the Speaker of the House of Representatives, or
209	their respective designees, that the fine be waived in whole or
210	in part for good cause shown. The President of the Senate and
211	the Speaker of the House of Representatives, or their respective
212	designees, may concur in the recommendation and waive the fine
213	in whole or in part. Any such request shall be made within 30
214	days after the notice of payment due is transmitted by the
215	Lobbyist Registration Office. In such case, the lobbying firm
216	shall, within the 30-day period, notify the person designated to
217	review the timeliness of reports in writing of his or her
218	intention to request a hearing.
219	6.  A lobbying firm may request that the filing of a report
220	be waived upon good cause shown, based on unusual circumstances.
221	The request must be filed with the General Counsel of the Office
222	of Legislative Services, who shall make a recommendation
223	concerning the waiver request to the President of the Senate and
224	the Speaker of the House of Representatives. The President of
225	the Senate and the Speaker of the House of Representatives may
226	grant or deny the request.
227	7.  All lobbyist registrations for lobbyists who are
228	partners, owners, officers, or employees of a lobbying firm that
229	fails to timely pay a fine are automatically suspended until the
230	fine is paid or waived, and the division shall promptly notify
231	all affected principals of any suspension or reinstatement.
232	8.  The person designated to review the timeliness of
233	reports shall notify the director of the division of the failure
234	of a lobbying firm to file a report after notice or of the
235	failure of a lobbying firm to pay the fine imposed.
236	(3)(4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
237	other provision of law to the contrary, no lobbyist or principal
238	shall make, directly or indirectly, and no member or employee of
239	the Legislature shall knowingly accept, directly or indirectly,
240	any expenditure, except floral arrangements or other celebratory
241	items given to legislators and displayed in chambers the opening
242	day of a regular session.
243	(b)  No person shall provide compensation for lobbying to
244	any individual or business entity that is not a lobbying firm.
245	(4)(5)  Each house of the Legislature shall provide by rule
246	a procedure by which a person, when in doubt about the
247	applicability and interpretation of this section in a particular
248	context, may submit in writing the facts for an advisory opinion
249	to the committee of either house and may appear in person before
250	the committee. The rule shall provide a procedure by which:
251	(a)  The committee shall render advisory opinions to any
252	person who seeks advice as to whether the facts in a particular
253	case would constitute a violation of this section.
254	(b)  The committee shall make sufficient deletions to
255	prevent disclosing the identity of persons in the decisions or
256	opinions.
257	(c)  All advisory opinions of the committee shall be
258	numbered, dated, and open to public inspection.
259	(5)(6)  Each house of the Legislature shall provide by rule
260	for keeping all advisory opinions of the committees relating to
261	lobbying firms, lobbyists, and lobbying activities. The rule
262	shall also provide that each house keep a current list of
263	registered lobbyists along with reports required of lobbying
264	firms under this section, all of which shall be open for public
265	inspection.
266	(6)(7)  Each house of the Legislature shall provide by rule
267	that a committee of either house investigate any person upon
268	receipt of a sworn complaint alleging a violation of this
269	section, s. 112.3148, or s. 112.3149 by such person; also, the
270	rule shall provide that a committee of either house investigate
271	any lobbying firm upon receipt of audit information indicating a
272	possible violation other than a late-filed report. Such
273	proceedings shall be conducted pursuant to the rules of the
274	respective houses. If the committee finds that there has been a
275	violation of this section, s. 112.3148, or s. 112.3149, it shall
276	report its findings to the President of the Senate or the
277	Speaker of the House of Representatives, as appropriate,
278	together with a recommended penalty, to include a fine of not
279	more than $5,000, reprimand, censure, probation, or prohibition
280	from lobbying for a period of time not to exceed 24 months. Upon
281	the receipt of such report, the President of the Senate or the
282	Speaker of the House of Representatives shall cause the
283	committee report and recommendations to be brought before the
284	respective house and a final determination shall be made by a
285	majority of said house.
286	(7)(8)  Any person required to be registered or to provide
287	information pursuant to this section or pursuant to rules
288	established in conformity with this section who knowingly fails
289	to disclose any material fact required by this section or by
290	rules established in conformity with this section, or who
291	knowingly provides false information on any report required by
292	this section or by rules established in conformity with this
293	section, commits a noncriminal infraction, punishable by a fine
294	not to exceed $5,000. Such penalty shall be in addition to any
295	other penalty assessed by a house of the Legislature pursuant to
296	subsection (6) (7).
297	(8)(9)  There is hereby created the Legislative Lobbyist
298	Registration Trust Fund, to be used for the purpose of funding
299	any office established for the administration of the
300	registration of lobbyists lobbying the Legislature, including
301	the payment of salaries and other expenses, and for the purpose
302	of paying the expenses incurred by the Legislature in providing
303	services to lobbyists. The trust fund is not subject to the
304	service charge to general revenue provisions of chapter 215.
305	Fees collected pursuant to rules established in accordance with
306	subsection (2) shall be deposited into the Legislative Lobbyist
307	Registration Trust Fund.
308	Section 2.  Effective April 1, 2007, section 11.0455,
309	Florida Statutes, as created by section 3 of chapter 2005-359,
310	Laws of Florida, is amended to read:
311	11.0455  Electronic filing of compensation reports and
312	other information.--
313	(1)  As used in this section, the term "electronic filing
314	system" means an Internet system for recording and reporting
315	lobbying compensation and other required information by
316	reporting period.
317	(2)  Each lobbying firm that is required to file reports
318	with the Division of Legislative Information Services pursuant
319	to s. 11.045 must file such reports with the division by means
320	of the division's electronic filing system.
321	(3)  A report filed pursuant to this section must be
322	completed and filed through the electronic filing system not
323	later than 11:59 p.m. of the day designated in s. 11.045. A
324	report not filed by 11:59 p.m. of the day designated is a late-
325	filed report and is subject to the penalties under s. 11.045(3).
326	(2)(4)  Each report filed pursuant to this section is
327	considered to meet the certification requirements of s.
328	11.045(3)(a)4., and as such subjects the person responsible for
329	filing and the lobbying firm to the provisions of s. 11.045(7)
330	and (8). Persons given a secure sign-on to the electronic filing
331	system are responsible for protecting it from disclosure and are
332	responsible for all filings using such credentials, unless they
333	have notified the division that their credentials have been
334	compromised.
335	(3)(5)  The electronic filing system developed by the
336	division must:
337	(a)  Be based on access by means of the Internet.
338	(b)  Be accessible by anyone with Internet access using
339	standard web-browsing software.
340	(c)  Provide for direct entry of compensation report
341	information as well as upload of such information from software
342	authorized by the division.
343	(d)  Provide a method that prevents unauthorized access to
344	electronic filing system functions.
345	(4)(6)  Each house of the Legislature shall provide by
346	rule, or may provide by a joint rule adopted by both houses,
347	procedures to implement and administer this section, including,
348	but not limited to:
349	(a)  Alternate filing procedures in case the division's
350	electronic filing system is not operable.
351	(b)  The issuance of an electronic receipt to the person
352	submitting the report indicating and verifying the date and time
353	that the report was filed.
354	(5)(7)  Each house of the Legislature shall provide by rule
355	that the division make all the data filed available on the
356	Internet in an easily understood and accessible format. The
357	Internet website shall also include, but not be limited to, the
358	names and business addresses of lobbyists, lobbying firms, and
359	principals, the affiliations between lobbyists and principals,
360	and the classification system designated and identified by each
361	principal pursuant to s. 11.045(2).
362	Section 3.  Section 112.3215, Florida Statutes, as amended
363	by section 5 of chapter 2005-359, Laws of Florida, is amended to
364	read:
365	112.3215  Lobbying before the executive branch or the
366	Constitution Revision Commission; registration and reporting;
367	investigation by commission.--
368	(1)  For the purposes of this section:
369	(a)  "Agency" means the Governor, Governor and Cabinet, or
370	any department, division, bureau, board, commission, or
371	authority of the executive branch. In addition, "agency" shall
372	mean the Constitution Revision Commission as provided by s. 2,
373	Art. XI of the State Constitution.
374	(b)  "Agency official" or "employee" means any individual
375	who is required by law to file full or limited public disclosure
376	of his or her financial interests.
377	(c)  "Compensation" means a payment, distribution, loan,
378	advance, reimbursement, deposit, salary, fee, retainer, or
379	anything of value provided or owed to a lobbying firm, directly
380	or indirectly, by a principal for any lobbying activity.
381	(d)  "Expenditure" means a payment, distribution, loan,
382	advance, reimbursement, deposit, or anything of value made by a
383	lobbyist or principal for the purpose of lobbying. A
384	contribution made to a political party regulated under chapter
385	103 is not deemed an expenditure for purposes of this section.
386	(e)  "Fund" means the Executive Branch Lobby Registration
387	Trust Fund.
388	(f)  "Lobbies" means seeking, on behalf of another person,
389	to influence an agency with respect to a decision of the agency
390	in the area of policy or procurement or an attempt to obtain the
391	goodwill of an agency official or employee. "Lobbies" also means
392	influencing or attempting to influence, on behalf of another,
393	the Constitution Revision Commission's action or nonaction
394	through oral or written communication or an attempt to obtain
395	the goodwill of a member or employee of the Constitution
396	Revision Commission.
397	(g)  "Lobbying firm" means a business entity, including an
398	individual contract lobbyist, that receives or becomes entitled
399	to receive any compensation for the purpose of lobbying, where
400	any partner, owner, officer, or employee of the business entity
401	is a lobbyist.
402	(h)  "Lobbyist" means a person who is employed and receives
403	payment, or who contracts for economic consideration, for the
404	purpose of lobbying, or a person who is principally employed for
405	governmental affairs by another person or governmental entity to
406	lobby on behalf of that other person or governmental entity.
407	"Lobbyist" does not include a person who is:
408	1.  An attorney, or any person, who represents a client in
409	a judicial proceeding or in a formal administrative proceeding
410	conducted pursuant to chapter 120 or any other formal hearing
411	before an agency, board, commission, or authority of this state.
412	2.  An employee of an agency or of a legislative or
413	judicial branch entity acting in the normal course of his or her
414	duties.
415	3.  A confidential informant who is providing, or wishes to
416	provide, confidential information to be used for law enforcement
417	purposes.
418	4.  A person who lobbies to procure a contract pursuant to
419	chapter 287 which contract is less than the threshold for
420	CATEGORY ONE as provided in s. 287.017(1)(a).
421	(i)  "Principal" means the person, firm, corporation, or
422	other entity which has employed or retained a lobbyist.
423	(2)  The Executive Branch Lobby Registration Trust Fund is
424	hereby created within the commission to be used for the purpose
425	of funding any office established to administer the registration
426	of lobbyists lobbying an agency, including the payment of
427	salaries and other expenses. The trust fund is not subject to
428	the service charge to General Revenue provisions of chapter 215.
429	All annual registration fees collected pursuant to this section
430	shall be deposited into such fund.
431	(3)  A person may not lobby an agency until such person has
432	registered as a lobbyist with the commission. Such registration
433	shall be due upon initially being retained to lobby and is
434	renewable on a calendar year basis thereafter. Upon registration
435	the person shall provide a statement signed by the principal or
436	principal's representative that the registrant is authorized to
437	represent the principal. The principal shall also identify and
438	designate its main business on the statement authorizing that
439	lobbyist pursuant to a classification system approved by the
440	commission. The registration shall require each lobbyist to
441	disclose, under oath, the following information:
442	(a)  Name and business address;
443	(b)  The name and business address of each principal
444	represented;
445	(c)  His or her area of interest;
446	(d)  The agencies before which he or she will appear; and
447	(e)  The existence of any direct or indirect business
448	association, partnership, or financial relationship with any
449	employee of an agency with which he or she lobbies, or intends
450	to lobby, as disclosed in the registration.
451	(4)  The annual lobbyist registration fee shall be set by
452	the commission by rule, not to exceed $40 for each principal
453	represented.
454	(5)(a)1.  Each lobbying firm shall file a compensation
455	report with the commission for each calendar quarter during any
456	portion of which one or more of the firm's lobbyists were
457	registered to represent a principal. The report shall include
458	the:
459	a.  Full name, business address, and telephone number of
460	the lobbying firm;
461	b.  Name of each of the firm's lobbyists; and
462	c.  Total compensation provided or owed to the lobbying
463	firm from all principals for the reporting period, reported in
464	one of the following categories: $0; $1 to $49,999; $50,000 to
465	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
466	$999,999; $1 million or more.
467	2.  For each principal represented by one or more of the
468	firm's lobbyists, the lobbying firm's compensation report shall
469	also include the:
470	a.  Full name, business address, and telephone number of
471	the principal; and
472	b.  Total compensation provided or owed to the lobbying
473	firm for the reporting period, reported in one of the following
474	categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
475	$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
476	more. If the category "$50,000 or more" is selected, the
477	specific dollar amount of compensation must be reported, rounded
478	up or down to the nearest $1,000.
479	3.  If the lobbying firm subcontracts work from another
480	lobbying firm and not from the original principal:
481	a.  The lobbying firm providing the work to be
482	subcontracted shall be treated as the reporting lobbying firm's
483	principal for reporting purposes under this paragraph; and
484	b.  The reporting lobbying firm shall, for each lobbying
485	firm identified under subparagraph 2., identify the name and
486	address of the principal originating the lobbying work.
487	4.  The senior partner, officer, or owner of the lobbying
488	firm shall certify to the veracity and completeness of the
489	information submitted pursuant to this paragraph, and certify
490	that no compensation has been omitted from this report by
491	deeming such compensation as "consulting services," "media
492	services," "professional services," or anything other than
493	compensation, and certify that no officer or employee of the
494	firm has made an expenditure in violation of this section.
495	(b)  For each principal represented by more than one
496	lobbying firm, the commission shall aggregate the reporting-
497	period and calendar-year compensation reported as provided or
498	owed by the principal.
499	(c)  The reporting statements shall be filed no later than
500	45 days after the end of each reporting period. The four
501	reporting periods are from January 1 through March 31, April 1
502	through June 30, July 1 through September 30, and October 1
503	through December 31, respectively.
504	(d)  Reports shall be filed not later than 5 p.m. of the
505	report due date. However, any report that is postmarked by the
506	United States Postal Service no later than midnight of the due
507	date shall be deemed to have been filed in a timely manner, and
508	a certificate of mailing obtained from and dated by the United
509	States Postal Service at the time of the mailing, or a receipt
510	from an established courier company which bears a date on or
511	before the due date, shall be proof of mailing in a timely
512	manner.
513	(e)  The commission shall provide by rule a procedure by
514	which a lobbying firm that fails to timely file a report shall
515	be notified and assessed fines. The rule shall provide for the
516	following:
517	1.  Upon determining that the report is late, the person
518	designated to review the timeliness of reports shall immediately
519	notify the lobbying firm as to the failure to timely file the
520	report and that a fine is being assessed for each late day. The
521	fine shall be $50 per day per report for each late day up to a
522	maximum of $5,000 per late report.
523	2.  Upon receipt of the report, the person designated to
524	review the timeliness of reports shall determine the amount of
525	the fine due based upon the earliest of the following:
526	a.  When a report is actually received by the lobbyist
527	registration and reporting office.
528	b.  When the report is postmarked.
529	c.  When the certificate of mailing is dated.
530	d.  When the receipt from an established courier company is
531	dated.
532	3.  Such fine shall be paid within 30 days after the notice
533	of payment due is transmitted by the Lobbyist Registration
534	Office, unless appeal is made to the commission. The moneys
535	shall be deposited into the Executive Branch Lobby Registration
536	Trust Fund.
537	4.  A fine shall not be assessed against a lobbying firm
538	the first time any reports for which the lobbying firm is
539	responsible are not timely filed. However, to receive the one-
540	time fine waiver, all reports for which the lobbying firm is
541	responsible must be filed within 30 days after the notice that
542	any reports have not been timely filed is transmitted by the
543	Lobbyist Registration Office. A fine shall be assessed for any
544	subsequent late-filed reports.
545	5.  Any lobbying firm may appeal or dispute a fine, based
546	upon unusual circumstances surrounding the failure to file on
547	the designated due date, and may request and shall be entitled
548	to a hearing before the commission, which shall have the
549	authority to waive the fine in whole or in part for good cause
550	shown. Any such request shall be made within 30 days after the
551	notice of payment due is transmitted by the Lobbyist
552	Registration Office. In such case, the lobbying firm shall,
553	within the 30-day period, notify the person designated to review
554	the timeliness of reports in writing of his or her intention to
555	bring the matter before the commission.
556	6.  The person designated to review the timeliness of
557	reports shall notify the commission of the failure of a lobbying
558	firm to file a report after notice or of the failure of a
559	lobbying firm to pay the fine imposed.
560	7.  Notwithstanding any provision of chapter 120, any fine
561	imposed under this subsection that is not waived by final order
562	of the commission and that remains unpaid more than 60 days
563	after the notice of payment due or more than 60 days after the
564	commission renders a final order on the lobbying firm's appeal
565	shall be collected by the Department of Financial Services as a
566	claim, debt, or other obligation owed to the state, and the
567	department may assign the collection of such fine to a
568	collection agent as provided in s. 17.20.
569	(f)  The commission shall adopt a rule which allows
570	reporting statements to be filed by electronic means, when
571	feasible.
572	(g)  Each lobbying firm and each principal shall preserve
573	for a period of 4 years all accounts, bills, receipts, computer
574	records, books, papers, and other documents and records
575	necessary to substantiate compensation. Any documents and
576	records retained pursuant to this section may be subpoenaed for
577	audit by the Legislative Auditing Committee pursuant to s.
578	11.40, and such subpoena may be enforced in circuit court.
579	(5)(6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
580	other provision of law to the contrary, no lobbyist or principal
581	shall make, directly or indirectly, and no agency official,
582	member, or employee shall knowingly accept, directly or
583	indirectly, any expenditure.
584	(b)  No person shall provide compensation for lobbying to
585	any individual or business entity that is not a lobbying firm.
586	(6)(7)  A lobbyist shall promptly send a written statement
587	to the commission canceling the registration for a principal
588	upon termination of the lobbyist's representation of that
589	principal. Notwithstanding this requirement, the commission may
590	remove the name of a lobbyist from the list of registered
591	lobbyists if the principal notifies the office that a person is
592	no longer authorized to represent that principal.
593	(7)(8)(a)  The commission shall investigate every sworn
594	complaint that is filed with it alleging that a person covered
595	by this section has failed to register, has failed to submit a
596	compensation report, or has knowingly submitted false
597	information in any report or registration required in this
598	section.
599	(b)  All proceedings, the complaint, and other records
600	relating to the investigation are confidential and exempt from
601	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
602	Constitution, and any meetings held pursuant to an investigation
603	are exempt from the provisions of s. 286.011(1) and s. 24(b),
604	Art. I of the State Constitution either until the alleged
605	violator requests in writing that such investigation and
606	associated records and meetings be made public or until the
607	commission determines, based on the investigation, whether
608	probable cause exists to believe that a violation has occurred.
609	(c)  The commission shall investigate any lobbying firm,
610	agency, officer, or employee upon receipt of information from a
611	sworn complaint or from a random audit of lobbying reports
612	indicating a possible violation other than a late-filed report.
613	(d)  Records relating to an audit conducted pursuant to
614	this section or an investigation conducted pursuant to this
615	section or s. 112.32155 are confidential and exempt from s.
616	119.07(1) and s. 24(a), Art. I of the State Constitution, and
617	any meetings held pursuant to such an investigation or at which
618	such an audit is discussed are exempt from s. 286.011 and s.
619	24(b), Art. I of the State Constitution either until the
620	lobbying firm requests in writing that such investigation and
621	associated records and meetings be made public or until the
622	commission determines there is probable cause that the audit
623	reflects a violation of the reporting laws. This paragraph is
624	subject to the Open Government Sunset Review Act in accordance
625	with s. 119.15 and shall stand repealed on October 2, 2011,
626	unless reviewed and saved from repeal through reenactment by the
627	Legislature.
628	(8)(9)  If the commission finds no probable cause to
629	believe that a violation of this section occurred, it shall
630	dismiss the complaint, whereupon the complaint, together with a
631	written statement of the findings of the investigation and a
632	summary of the facts, shall become a matter of public record,
633	and the commission shall send a copy of the complaint, findings,
634	and summary to the complainant and the alleged violator. If,
635	after investigating information from a random audit of lobbying
636	reports, the commission finds no probable cause to believe that
637	a violation of this section occurred, a written statement of the
638	findings of the investigation and a summary of the facts shall
639	become a matter of public record, and the commission shall send
640	a copy of the findings and summary to the alleged violator. If
641	the commission finds probable cause to believe that a violation
642	occurred, it shall report the results of its investigation to
643	the Governor and Cabinet and send a copy of the report to the
644	alleged violator by certified mail. Such notification and all
645	documents made or received in the disposition of the complaint
646	shall then become public records. Upon request submitted to the
647	Governor and Cabinet in writing, any person whom the commission
648	finds probable cause to believe has violated any provision of
649	this section shall be entitled to a public hearing. Such person
650	shall be deemed to have waived the right to a public hearing if
651	the request is not received within 14 days following the mailing
652	of the probable cause notification. However, the Governor and
653	Cabinet may on its own motion require a public hearing and may
654	conduct such further investigation as it deems necessary.
655	(9)(10)  If the Governor and Cabinet finds that a violation
656	occurred, it may reprimand the violator, censure the violator,
657	or prohibit the violator from lobbying all agencies for a period
658	not to exceed 2 years. If the violator is a lobbying firm, the
659	Governor and Cabinet may also assess a fine of not more than
660	$5,000 to be deposited in the Executive Branch Lobby
661	Registration Trust Fund.
662	(10)(11)  Any person, when in doubt about the applicability
663	and interpretation of this section to himself or herself in a
664	particular context, may submit in writing the facts of the
665	situation to the commission with a request for an advisory
666	opinion to establish the standard of duty. An advisory opinion
667	shall be rendered by the commission and, until amended or
668	revoked, shall be binding on the conduct of the person who
669	sought the opinion, unless material facts were omitted or
670	misstated in the request.
671	(11)(12)  Agencies shall be diligent to ascertain whether
672	persons required to register pursuant to this section have
673	complied. An agency may not knowingly permit a person who is not
674	registered pursuant to this section to lobby the agency.
675	(12)(13)  Upon discovery of violations of this section an
676	agency or any person may file a sworn complaint with the
677	commission.
678	(13)(14)  The commission shall adopt rules to administer
679	this section, which shall prescribe forms for registration and
680	compensation reports, procedures for registration, and
681	procedures that will prevent disclosure of information that is
682	confidential as provided in this section.
683	Section 4.  Effective April 1, 2007, section 112.32155,
684	Florida Statutes, as created by section 7 of chapter 2005-359,
685	Laws of Florida, is amended to read:
686	112.32155  Electronic filing of compensation reports and
687	other information.--
688	(1)  As used in this section, the term "electronic filing
689	system" means an Internet system for recording and reporting
690	lobbying compensation and other required information by
691	reporting period.
692	(2)  Each lobbying firm who is required to file reports
693	with the Commission on Ethics pursuant to s. 112.3215 must file
694	such reports with the commission by means of the electronic
695	filing system.
696	(3)  A report filed pursuant to this section must be
697	completed and filed through the electronic filing system not
698	later than 11:59 p.m. of the day designated in s. 112.3215. A
699	report not filed by 11:59 p.m. of the day designated is a late-
700	filed report and is subject to the penalties under s.
701	112.3215(5).
702	(2)(4)  Each report filed pursuant to this section is
703	considered to meet the certification requirements of s.
704	112.3215(5)(a)4. Persons given a secure sign-on to the
705	electronic filing system are responsible for protecting it from
706	disclosure and are responsible for all filings using such
707	credentials, unless they have notified the commission that their
708	credentials have been compromised.
709	(3)(5)  The electronic filing system must:
710	(a)  Be based on access by means of the Internet.
711	(b)  Be accessible by anyone with Internet access using
712	standard web-browsing software.
713	(c)  Provide for direct entry of compensation report
714	information as well as upload of such information from software
715	authorized by the commission.
716	(d)  Provide a method that prevents unauthorized access to
717	electronic filing system functions.
718	(4)(6)  The commission shall provide by rule procedures to
719	implement and administer this section, including, but not
720	limited to:
721	(a)  Alternate filing procedures in case the electronic
722	filing system is not operable.
723	(b)  The issuance of an electronic receipt to the person
724	submitting the report indicating and verifying the date and time
725	that the report was filed.
726	(5)(7)  The commission shall make all the data filed
727	available on the Internet in an easily understood and accessible
728	format. The Internet website shall also include, but not be
729	limited to, the names and business addresses of lobbyists,
730	lobbying firms, and principals, the affiliations between
731	lobbyists and principals, and the classification system
732	designated and identified by each principal pursuant to s.
733	112.3215(3).
734	Section 5.  Subsection (17) of section 112.313, Florida
735	Statutes, is amended to read:
736	112.313  Standards of conduct for public officers,
737	employees of agencies, and local government attorneys.--
738	(17)  BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.--No
739	citizen member of the Board of Governors of the State University
740	System, nor any citizen member of a board of trustees of a local
741	constituent university, shall have or hold any employment or
742	contractual relationship as a legislative lobbyist requiring
743	annual registration and reporting pursuant to s. 11.045.
744	Section 6.  Sections 2, 4, and 6 of chapter 2005-359, Laws
745	of Florida, are repealed.
746	Section 7.  Except as otherwise expressly provided in this
747	act, this act shall take effect July 1, 2006.

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