1 | Representative(s) Reagan offered the following: |
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3 | Amendment (with title amendment) |
4 | On page 27, line(s) 15, through page 38, line 30, |
5 | remove: all of said lines |
6 |
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7 | and insert: |
8 | Section 13. Paragraph (e) of subsection (5) of section |
9 | 112.3215, Florida Statutes, as amended by section 5 of chapter |
10 | 2005-359, Laws of Florida, and section 1 of chapter 2005-361, |
11 | Laws of Florida, is amended to read: |
12 | 112.3215 Lobbying before the executive branch or the |
13 | Constitution Revision Commission; registration and reporting; |
14 | investigation by commission.-- |
15 | (5) |
16 | (e) The commission shall provide by rule the grounds for |
17 | waiving a fine, the procedures a procedure by which a lobbying |
18 | firm that fails to timely file a report shall be notified and |
19 | assessed fines, and the procedure for appealing the fines. The |
20 | rule shall provide for the following: |
21 | 1. Upon determining that the report is late, the person |
22 | designated to review the timeliness of reports shall immediately |
23 | notify the lobbying firm as to the failure to timely file the |
24 | report and that a fine is being assessed for each late day. The |
25 | fine shall be $50 per day per report for each late day up to a |
26 | maximum of $5,000 per late report. |
27 | 2. Upon receipt of the report, the person designated to |
28 | review the timeliness of reports shall determine the amount of |
29 | the fine due based upon the earliest of the following: |
30 | a. When a report is actually received by the lobbyist |
31 | registration and reporting office. |
32 | b. When the report is postmarked. |
33 | c. When the certificate of mailing is dated. |
34 | d. When the receipt from an established courier company is |
35 | dated. |
36 | 3. Such fine shall be paid within 30 days after the notice |
37 | of payment due is transmitted by the Lobbyist Registration |
38 | Office, unless appeal is made to the commission. The moneys |
39 | shall be deposited into the Executive Branch Lobby Registration |
40 | Trust Fund. |
41 | 4. A fine shall not be assessed against a lobbying firm |
42 | the first time any reports for which the lobbying firm is |
43 | responsible are not timely filed. However, to receive the one- |
44 | time fine waiver, all reports for which the lobbying firm is |
45 | responsible must be filed within 30 days after the notice that |
46 | any reports have not been timely filed is transmitted by the |
47 | Lobbyist Registration Office. A fine shall be assessed for any |
48 | subsequent late-filed reports. |
49 | 5. Any lobbying firm may appeal or dispute a fine, based |
50 | upon unusual circumstances surrounding the failure to file on |
51 | the designated due date, and may request and shall be entitled |
52 | to a hearing before the commission, which shall have the |
53 | authority to waive the fine in whole or in part for good cause |
54 | shown. Any such request shall be made within 30 days after the |
55 | notice of payment due is transmitted by the Lobbyist |
56 | Registration Office. In such case, the lobbying firm shall, |
57 | within the 30-day period, notify the person designated to review |
58 | the timeliness of reports in writing of his or her intention to |
59 | bring the matter before the commission. |
60 | 6. The person designated to review the timeliness of |
61 | reports shall notify the commission of the failure of a lobbying |
62 | firm to file a report after notice or of the failure of a |
63 | lobbying firm to pay the fine imposed. All lobbyist |
64 | registrations for lobbyists who are partners, owners, officers, |
65 | or employees of a lobbying firm that fails to timely pay a fine |
66 | are automatically suspended until the fine is paid or waived, |
67 | and the commission shall promptly notify all affected principals |
68 | of each suspension and each reinstatement. |
69 | 7. Notwithstanding any provision of chapter 120, any fine |
70 | imposed under this subsection that is not waived by final order |
71 | of the commission and that remains unpaid more than 60 days |
72 | after the notice of payment due or more than 60 days after the |
73 | commission renders a final order on the lobbying firm's appeal |
74 | shall be collected by the Department of Financial Services as a |
75 | claim, debt, or other obligation owed to the state, and the |
76 | department may assign the collection of such fine to a |
77 | collection agent as provided in s. 17.20. |
78 | Section 14. Effective April 1, 2007, paragraph (d) of |
79 | subsection (5) of section 112.3215, Florida Statutes, as amended |
80 | by section 6 of chapter 2005-359, Laws of Florida, and section 1 |
81 | of chapter 2005-361, Laws of Florida, is amended to read: |
82 | 112.3215 Lobbying before the executive branch or the |
83 | Constitution Revision Commission; |
84 |
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85 |
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86 | ========= T I T L E A M E N D M E N T ========= |
87 | On page 3, line(s) 2-4, |
88 | remove: all of said lines |
89 |
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90 | and insert: |
91 | Revision Commission; requiring |