(LATE FILED)Amendment
Bill No. 2000
Amendment No. 676045
CHAMBER ACTION
Senate House
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1Representative(s) Reagan offered the following:
2
3     Amendment (with title amendment)
4     On page 27, line(s) 15, through page 38, line 30,
5remove: all of said lines
6
7and insert:
8     Section 13.  Paragraph (e) of subsection (5) of section
9112.3215, Florida Statutes, as amended by section 5 of chapter
102005-359, Laws of Florida, and section 1 of chapter 2005-361,
11Laws of Florida, is amended to read:
12     112.3215  Lobbying before the executive branch or the
13Constitution Revision Commission; registration and reporting;
14investigation by commission.--
15     (5)
16     (e)  The commission shall provide by rule the grounds for
17waiving a fine, the procedures a procedure by which a lobbying
18firm that fails to timely file a report shall be notified and
19assessed fines, and the procedure for appealing the fines. The
20rule shall provide for the following:
21     1.  Upon determining that the report is late, the person
22designated to review the timeliness of reports shall immediately
23notify the lobbying firm as to the failure to timely file the
24report and that a fine is being assessed for each late day. The
25fine shall be $50 per day per report for each late day up to a
26maximum of $5,000 per late report.
27     2.  Upon receipt of the report, the person designated to
28review the timeliness of reports shall determine the amount of
29the fine due based upon the earliest of the following:
30     a.  When a report is actually received by the lobbyist
31registration 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
35dated.
36     3.  Such fine shall be paid within 30 days after the notice
37of payment due is transmitted by the Lobbyist Registration
38Office, unless appeal is made to the commission. The moneys
39shall be deposited into the Executive Branch Lobby Registration
40Trust Fund.
41     4.  A fine shall not be assessed against a lobbying firm
42the first time any reports for which the lobbying firm is
43responsible are not timely filed. However, to receive the one-
44time fine waiver, all reports for which the lobbying firm is
45responsible must be filed within 30 days after the notice that
46any reports have not been timely filed is transmitted by the
47Lobbyist Registration Office. A fine shall be assessed for any
48subsequent late-filed reports.
49     5.  Any lobbying firm may appeal or dispute a fine, based
50upon unusual circumstances surrounding the failure to file on
51the designated due date, and may request and shall be entitled
52to a hearing before the commission, which shall have the
53authority to waive the fine in whole or in part for good cause
54shown. Any such request shall be made within 30 days after the
55notice of payment due is transmitted by the Lobbyist
56Registration Office. In such case, the lobbying firm shall,
57within the 30-day period, notify the person designated to review
58the timeliness of reports in writing of his or her intention to
59bring the matter before the commission.
60     6.  The person designated to review the timeliness of
61reports shall notify the commission of the failure of a lobbying
62firm to file a report after notice or of the failure of a
63lobbying firm to pay the fine imposed. All lobbyist
64registrations for lobbyists who are partners, owners, officers,
65or employees of a lobbying firm that fails to timely pay a fine
66are automatically suspended until the fine is paid or waived,
67and the commission shall promptly notify all affected principals
68of each suspension and each reinstatement.
69     7.  Notwithstanding any provision of chapter 120, any fine
70imposed under this subsection that is not waived by final order
71of the commission and that remains unpaid more than 60 days
72after the notice of payment due or more than 60 days after the
73commission renders a final order on the lobbying firm's appeal
74shall be collected by the Department of Financial Services as a
75claim, debt, or other obligation owed to the state, and the
76department may assign the collection of such fine to a
77collection agent as provided in s. 17.20.
78     Section 14.  Effective April 1, 2007, paragraph (d) of
79subsection (5) of section 112.3215, Florida Statutes, as amended
80by section 6 of chapter 2005-359, Laws of Florida, and section 1
81of chapter 2005-361, Laws of Florida, is amended to read:
82     112.3215  Lobbying before the executive branch or the
83Constitution Revision Commission;
84
85
86========= T I T L E  A M E N D M E N T =========
87     On page 3, line(s) 2-4,
88remove:  all of said lines
89
90and insert:
91Revision Commission; requiring


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