| 1 | Representative(s) Reagan offered the following: |
| 2 |
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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 |