HB 1471

1	A bill to be entitled
2	An act relating to lobbying; amending s. 11.40, F.S.;
3	deleting provisions requiring the Legislative Auditing
4	Committee to conduct random audits of the compensation
5	reports filed by legislative branch and executive branch
6	lobbying firms; amending ss. 11.045 and 112.3215, F.S.;
7	revising provisions relating to reporting requirements for
8	legislative lobbyists and lobbyists of the executive
9	branch and Constitution Revision Commission; removing a
10	requirement that each lobbying firm and principal maintain
11	certain records and documents for a specified period;
12	removing a provision specifying judicial jurisdiction for
13	enforcing the right to subpoena certain documents and
14	records for audit; removing requirements for each lobbying
15	firm to file quarterly compensation reports; removing a
16	requirement that the Legislature adopt rules authorizing
17	legislative committees to investigate any lobbying firm
18	upon receipt of certain information; removing a provision
19	authorizing the Commission on Ethics to adopt rules and
20	forms relating to compensation reporting; amending ss.
21	11.0455 and 112.32155, F.S.; revising the definition of
22	the term "electronic filing system"; removing provisions
23	relating to electronic compensation report filing
24	requirements; amending s. 112.313, F.S.; correcting a
25	reference; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (6) of section 11.40, Florida
30	Statutes, as created by section 4 of chapter 2005-359, Laws of
31	Florida, is amended to read:
32	11.40  Legislative Auditing Committee.--
33	(6)(a)  As used in this subsection, "independent contract
34	auditor" means a state-licensed certified public accountant or
35	firm with which a state-licensed certified public accountant is
36	currently employed or associated who is actively engaged in the
37	accounting profession.
38	(b)  Audits specified in this subsection cover the
39	quarterly compensation reports for the previous calendar year
40	for a random sample of 3 percent of all legislative branch
41	lobbying firms and a random sample of 3 percent of all executive
42	branch lobbying firms calculated using as the total number of
43	such lobbying firms those filing a compensation report for the
44	preceding calendar year. The committee shall provide for a
45	system of random selection of the lobbying firms to be audited.
46	(c)  The committee shall create and maintain a list of not
47	less than 10 independent contract auditors approved to conduct
48	the required audits. Each lobbying firm selected for audit in
49	the random audit process may designate one of the independent
50	contract auditors from the committee's approved list. Upon
51	failure for any reason of a lobbying firm selected in the random
52	selection process to designate an independent contract auditor
53	from the committee's list within 30 calendar days after being
54	notified by the committee of its selection, the committee shall
55	assign one of the available independent contract auditors from
56	the approved list to perform the required audit. No independent
57	contract auditor, whether designated by the lobbying firm or by
58	the committee, may perform the audit of a lobbying firm where
59	the auditor and lobbying firm have ever had a direct personal
60	relationship or any professional accounting, auditing, tax
61	advisory, or tax preparing relationship with each other. The
62	committee shall obtain a written, sworn certification subject to
63	s. 837.06, both from the randomly selected lobbying firm and
64	from the proposed independent contract auditor, that no such
65	relationship has ever existed.
66	(d)  Each independent contract auditor shall be engaged by
67	and compensated solely by the state for the work performed in
68	accomplishing an audit under this subsection.
69	(e)  Any violations of law, deficiencies, or material
70	misstatements discovered and noted in an audit report shall be
71	clearly identified in the audit report and be determined under
72	the rules of either house of the Legislature or under the joint
73	rules, as applicable.
74	(f)  If any lobbying firm fails to give full, frank, and
75	prompt cooperation and access to books, records, and associated
76	backup documents as requested in writing by the auditor, that
77	failure shall be clearly noted by the independent contract
78	auditor in the report of audit.
79	(g)  The committee shall establish procedures for the
80	selection of independent contract auditors desiring to enter
81	into audit contracts pursuant to this subsection. Such
82	procedures shall include, but not be limited to, a rating system
83	that takes into account pertinent information, including the
84	independent contract auditor's fee proposals for participating
85	in the process. All contracts under this subsection between an
86	independent contract auditor and the Speaker of the House of
87	Representatives and the President of the Senate shall be
88	terminable by either party at any time upon written notice to
89	the other, and such contracts may contain such other terms and
90	conditions as the Speaker of the House of Representatives and
91	the President of the Senate deem appropriate under the
92	circumstances.
93	(h)  The committee shall adopt guidelines that govern
94	random audits and field investigations conducted pursuant to
95	this subsection. The guidelines shall ensure that similarly
96	situated compensation reports are audited in a uniform manner.
97	The guidelines shall also be formulated to encourage compliance
98	and detect violations of the legislative and executive lobbying
99	compensation reporting requirements in ss. 11.045 and 112.3215
100	and to ensure that each audit is conducted with maximum
101	efficiency in a cost-effective manner. In adopting the
102	guidelines, the committee shall consider relevant guidelines and
103	standards of the American Institute of Certified Public
104	Accountants to the extent that such guidelines and standards are
105	applicable and consistent with the purposes set forth in this
106	subsection.
107	(i)  All audit reports of legislative lobbying firms shall,
108	upon completion by an independent contract auditor, be delivered
109	to the President of the Senate and the Speaker of the House of
110	Representatives for their respective review and handling. All
111	audit reports of executive branch lobbyists, upon completion by
112	an independent contract auditor, shall be delivered by the
113	auditor to the Commission on Ethics.
114	Section 2.  Section 11.045, Florida Statutes, as amended by
115	section 2 of chapter 2005-359, Laws of Florida, is amended to
116	read:
117	11.045  Lobbying before the Legislature; registration and
118	reporting; exemptions; penalties.--
119	(1)  As used in this section, unless the context otherwise
120	requires:
121	(a)  "Committee" means the committee of each house charged
122	by the presiding officer with responsibility for ethical conduct
123	of lobbyists.
124	(b)  "Compensation" means a payment, distribution, loan,
125	advance, reimbursement, deposit, salary, fee, retainer, or
126	anything of value provided or owed to a lobbying firm, directly
127	or indirectly, by a principal for any lobbying activity.
128	(c)  "Division" means the Division of Legislative
129	Information Services within the Office of Legislative Services.
130	(d)  "Expenditure" means a payment, distribution, loan,
131	advance, reimbursement, deposit, or anything of value made by a
132	lobbyist or principal for the purpose of lobbying. The term
133	"expenditure" does not include contributions or expenditures
134	reported pursuant to chapter 106 or federal election law,
135	campaign-related personal services provided without compensation
136	by individuals volunteering their time, any other contribution
137	or expenditure made by or to a political party, or any other
138	contribution or expenditure made by an organization that is
139	exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).
140	(e)  "Legislative action" means introduction, sponsorship,
141	testimony, debate, voting, or any other official action on any
142	measure, resolution, amendment, nomination, appointment, or
143	report of, or any matter which may be the subject of action by,
144	either house of the Legislature or any committee thereof.
145	(f)  "Lobbying" means influencing or attempting to
146	influence legislative action or nonaction through oral or
147	written communication or an attempt to obtain the goodwill of a
148	member or employee of the Legislature.
149	(g)  "Lobbying firm" means any business entity, including
150	an individual contract lobbyist, that receives or becomes
151	entitled to receive any compensation for the purpose of
152	lobbying, where any partner, owner, officer, or employee of the
153	business entity is a lobbyist.
154	(h)  "Lobbyist" means a person who is employed and receives
155	payment, or who contracts for economic consideration, for the
156	purpose of lobbying, or a person who is principally employed for
157	governmental affairs by another person or governmental entity to
158	lobby on behalf of that other person or governmental entity.
159	(i)  "Principal" means the person, firm, corporation, or
160	other entity which has employed or retained a lobbyist.
161	(2)  Each house of the Legislature shall provide by rule,
162	or may provide by a joint rule adopted by both houses, for the
163	registration of lobbyists who lobby the Legislature. The rule
164	may provide for the payment of a registration fee. The rule may
165	provide for exemptions from registration or registration fees.
166	The rule shall provide that:
167	(a)  Registration is required for each principal
168	represented.
169	(b)  Registration shall include a statement signed by the
170	principal or principal's representative that the registrant is
171	authorized to represent the principal. The principal shall also
172	identify and designate its main business on the statement
173	authorizing that lobbyist pursuant to a classification system
174	approved by the Office of Legislative Services.
175	(c)  A registrant shall promptly send a written statement
176	to the division canceling the registration for a principal upon
177	termination of the lobbyist's representation of that principal.
178	Notwithstanding this requirement, the division may remove the
179	name of a registrant from the list of registered lobbyists if
180	the principal notifies the office that a person is no longer
181	authorized to represent that principal.
182	(d)  Every registrant shall be required to state the extent
183	of any direct business association or partnership with any
184	current member of the Legislature.
185	(e)  Each lobbying firm and each principal shall preserve
186	for a period of 4 years all accounts, bills, receipts, computer
187	records, books, papers, and other documents and records
188	necessary to substantiate compensation. Any documents and
189	records retained pursuant to this section may be subpoenaed for
190	audit by legislative subpoena of either house of the
191	Legislature, and the subpoena may be enforced in circuit court.
192	(e)(f)  All registrations shall be open to the public.
193	(f)(g)  Any person who is exempt from registration under
194	the rule shall not be considered a lobbyist for any purpose.
195	(3)  Each house of the Legislature shall provide by rule
196	the following reporting requirements:
197	(a)1.  Each lobbying firm shall file a compensation report
198	with the division for each calendar quarter during any portion
199	of which one or more of the firm's lobbyists were registered to
200	represent a principal. The report shall include the:
201	a.  Full name, business address, and telephone number of
202	the lobbying firm;
203	b.  Name of each of the firm's lobbyists; and
204	c.  Total compensation provided or owed to the lobbying
205	firm from all principals for the reporting period, reported in
206	one of the following categories: $0; $1 to $49,999; $50,000 to
207	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
208	$999,999; $1 million or more.
209	2.  For each principal represented by one or more of the
210	firm's lobbyists, the lobbying firm's compensation report shall
211	also include the:
212	a.  Full name, business address, and telephone number of
213	the principal; and
214	b.  Total compensation provided or owed to the lobbying
215	firm for the reporting period, reported in one of the following
216	categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
217	$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
218	more. If the category "$50,000 or more" is selected, the
219	specific dollar amount of compensation must be reported, rounded
220	up or down to the nearest $1,000.
221	3.  If the lobbying firm subcontracts work from another
222	lobbying firm and not from the original principal:
223	a.  The lobbying firm providing the work to be
224	subcontracted shall be treated as the reporting lobbying firm's
225	principal for reporting purposes under this paragraph; and
226	b.  The reporting lobbying firm shall, for each lobbying
227	firm identified under subparagraph 2., identify the name and
228	address of the principal originating the lobbying work.
229	4.  The senior partner, officer, or owner of the lobbying
230	firm shall certify to the veracity and completeness of the
231	information submitted pursuant to this paragraph.
232	(b)  For each principal represented by more than one
233	lobbying firm, the division shall aggregate the reporting-period
234	and calendar-year compensation reported as provided or owed by
235	the principal.
236	(c)  The reporting statements shall be filed no later than
237	45 days after the end of each reporting period. The four
238	reporting periods are from January 1 through March 31, April 1
239	through June 30, July 1 through September 30, and October 1
240	through December 31, respectively. The statements shall be
241	rendered in the identical form provided by the respective houses
242	and shall be open to public inspection. Reporting statements
243	must be filed by electronic means as provided in s. 11.0455.
244	(d)  Each house of the Legislature shall provide by rule,
245	or both houses may provide by joint rule, a procedure by which a
246	lobbying firm that fails to timely file a report shall be
247	notified and assessed fines. The rule shall provide for the
248	following:
249	1.  Upon determining that the report is late, the person
250	designated to review the timeliness of reports shall immediately
251	notify the lobbying firm as to the failure to timely file the
252	report and that a fine is being assessed for each late day. The
253	fine shall be $50 per day per report for each late day, not to
254	exceed $5,000 per report.
255	2.  Upon receipt of the report, the person designated to
256	review the timeliness of reports shall determine the amount of
257	the fine due based upon the earliest of the following:
258	a.  When a report is actually received by the lobbyist
259	registration and reporting office.
260	b.  When the electronic receipt issued pursuant to s.
261	11.0455 is dated.
262	3.  Such fine shall be paid within 30 days after the notice
263	of payment due is transmitted by the Lobbyist Registration
264	Office, unless appeal is made to the division. The moneys shall
265	be deposited into the Legislative Lobbyist Registration Trust
266	Fund.
267	4.  A fine shall not be assessed against a lobbying firm
268	the first time any reports for which the lobbying firm is
269	responsible are not timely filed. However, to receive the one-
270	time fine waiver, all reports for which the lobbying firm is
271	responsible must be filed within 30 days after notice that any
272	reports have not been timely filed is transmitted by the
273	Lobbyist Registration Office. A fine shall be assessed for any
274	subsequent late-filed reports.
275	5.  Any lobbying firm may appeal or dispute a fine, based
276	upon unusual circumstances surrounding the failure to file on
277	the designated due date, and may request and shall be entitled
278	to a hearing before the General Counsel of the Office of
279	Legislative Services, who shall recommend to the President of
280	the Senate and the Speaker of the House of Representatives, or
281	their respective designees, that the fine be waived in whole or
282	in part for good cause shown. The President of the Senate and
283	the Speaker of the House of Representatives, or their respective
284	designees, may concur in the recommendation and waive the fine
285	in whole or in part. Any such request shall be made within 30
286	days after the notice of payment due is transmitted by the
287	Lobbyist Registration Office. In such case, the lobbying firm
288	shall, within the 30-day period, notify the person designated to
289	review the timeliness of reports in writing of his or her
290	intention to request a hearing.
291	6.  A lobbying firm may request that the filing of a report
292	be waived upon good cause shown, based on unusual circumstances.
293	The request must be filed with the General Counsel of the Office
294	of Legislative Services, who shall make a recommendation
295	concerning the waiver request to the President of the Senate and
296	the Speaker of the House of Representatives. The President of
297	the Senate and the Speaker of the House of Representatives may
298	grant or deny the request.
299	7.  All lobbyist registrations for lobbyists who are
300	partners, owners, officers, or employees of a lobbying firm that
301	fails to timely pay a fine are automatically suspended until the
302	fine is paid or waived, and the division shall promptly notify
303	all affected principals of any suspension or reinstatement.
304	8.  The person designated to review the timeliness of
305	reports shall notify the director of the division of the failure
306	of a lobbying firm to file a report after notice or of the
307	failure of a lobbying firm to pay the fine imposed.
308	(3)(4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
309	other provision of law to the contrary, no lobbyist or principal
310	shall make, directly or indirectly, and no member or employee of
311	the Legislature shall knowingly accept, directly or indirectly,
312	any expenditure, except floral arrangements or other celebratory
313	items given to legislators and displayed in chambers the opening
314	day of a regular session.
315	(b)  No person shall provide compensation for lobbying to
316	any individual or business entity that is not a lobbying firm.
317	(4)(5)  Each house of the Legislature shall provide by rule
318	a procedure by which a person, when in doubt about the
319	applicability and interpretation of this section in a particular
320	context, may submit in writing the facts for an advisory opinion
321	to the committee of either house and may appear in person before
322	the committee. The rule shall provide a procedure by which:
323	(a)  The committee shall render advisory opinions to any
324	person who seeks advice as to whether the facts in a particular
325	case would constitute a violation of this section.
326	(b)  The committee shall make sufficient deletions to
327	prevent disclosing the identity of persons in the decisions or
328	opinions.
329	(c)  All advisory opinions of the committee shall be
330	numbered, dated, and open to public inspection.
331	(5)(6)  Each house of the Legislature shall provide by rule
332	for keeping all advisory opinions of the committees relating to
333	lobbying firms, lobbyists, and lobbying activities. The rule
334	shall also provide that each house keep a current list of
335	registered lobbyists along with reports required of lobbying
336	firms under this section, all of which shall be open for public
337	inspection.
338	(6)(7)  Each house of the Legislature shall provide by rule
339	that a committee of either house investigate any person upon
340	receipt of a sworn complaint alleging a violation of this
341	section, s. 112.3148, or s. 112.3149 by such person; also, the
342	rule shall provide that a committee of either house investigate
343	any lobbying firm upon receipt of audit information indicating a
344	possible violation other than a late-filed report. Such
345	proceedings shall be conducted pursuant to the rules of the
346	respective houses. If the committee finds that there has been a
347	violation of this section, s. 112.3148, or s. 112.3149, it shall
348	report its findings to the President of the Senate or the
349	Speaker of the House of Representatives, as appropriate,
350	together with a recommended penalty, to include a fine of not
351	more than $5,000, reprimand, censure, probation, or prohibition
352	from lobbying for a period of time not to exceed 24 months. Upon
353	the receipt of such report, the President of the Senate or the
354	Speaker of the House of Representatives shall cause the
355	committee report and recommendations to be brought before the
356	respective house and a final determination shall be made by a
357	majority of said house.
358	(7)(8)  Any person required to be registered or to provide
359	information pursuant to this section or pursuant to rules
360	established in conformity with this section who knowingly fails
361	to disclose any material fact required by this section or by
362	rules established in conformity with this section, or who
363	knowingly provides false information on any report required by
364	this section or by rules established in conformity with this
365	section, commits a noncriminal infraction, punishable by a fine
366	not to exceed $5,000. Such penalty shall be in addition to any
367	other penalty assessed by a house of the Legislature pursuant to
368	subsection (6) (7).
369	(8)(9)  There is hereby created the Legislative Lobbyist
370	Registration Trust Fund, to be used for the purpose of funding
371	any office established for the administration of the
372	registration of lobbyists lobbying the Legislature, including
373	the payment of salaries and other expenses, and for the purpose
374	of paying the expenses incurred by the Legislature in providing
375	services to lobbyists. The trust fund is not subject to the
376	service charge to general revenue provisions of chapter 215.
377	Fees collected pursuant to rules established in accordance with
378	subsection (2) shall be deposited into the Legislative Lobbyist
379	Registration Trust Fund.
380	Section 3.  Section 11.0455, Florida Statutes, is amended
381	to read:
382	11.0455  Electronic filing of compensation reports and
383	other information.--
384	(1)  As used in this section, the term "electronic filing
385	system" means an Internet system for recording and reporting
386	lobbying compensation and other required information by
387	reporting period.
388	(2)  Each lobbying firm that is required to file reports
389	with the Division of Legislative Information Services pursuant
390	to s. 11.045 must file such reports with the division by means
391	of the division's electronic filing system.
392	(3)  A report filed pursuant to this section must be
393	completed and filed through the electronic filing system not
394	later than 11:59 p.m. of the day designated in s. 11.045. A
395	report not filed by 11:59 p.m. of the day designated is a late-
396	filed report and is subject to the penalties under s. 11.045(3).
397	(2)(4)  Each report filed pursuant to this section is
398	considered to meet the certification requirements of s.
399	11.045(3)(a)4., and as such subjects the person responsible for
400	filing and the lobbying firm to the provisions of s. 11.045(7)
401	and (8). Persons given a secure sign-on to the electronic filing
402	system are responsible for protecting it from disclosure and are
403	responsible for all filings using such credentials, unless they
404	have notified the division that their credentials have been
405	compromised.
406	(3)(5)  The electronic filing system developed by the
407	division must:
408	(a)  Be based on access by means of the Internet.
409	(b)  Be accessible by anyone with Internet access using
410	standard web-browsing software.
411	(c)  Provide for direct entry of compensation report
412	information as well as upload of such information from software
413	authorized by the division.
414	(d)  Provide a method that prevents unauthorized access to
415	electronic filing system functions.
416	(4)(6)  Each house of the Legislature shall provide by
417	rule, or may provide by a joint rule adopted by both houses,
418	procedures to implement and administer this section, including,
419	but not limited to:
420	(a)  Alternate filing procedures in case the division's
421	electronic filing system is not operable.
422	(b)  The issuance of an electronic receipt to the person
423	submitting the report indicating and verifying the date and time
424	that the report was filed.
425	(5)(7)  Each house of the Legislature shall provide by rule
426	that the division make all the data filed available on the
427	Internet in an easily understood and accessible format. The
428	Internet website shall also include, but not be limited to, the
429	names and business addresses of lobbyists, lobbying firms, and
430	principals, the affiliations between lobbyists and principals,
431	and the classification system designated and identified by each
432	principal pursuant to s. 11.045(2).
433	Section 4.  Section 112.3215, Florida Statutes, as amended
434	by section 6 of chapter 2005-359 and section 14 of chapter 2006-
435	275, Laws of Florida, is amended to read:
436	112.3215  Lobbying before the executive branch or the
437	Constitution Revision Commission; registration and reporting;
438	investigation by commission.--
439	(1)  For the purposes of this section:
440	(a)  "Agency" means the Governor, Governor and Cabinet, or
441	any department, division, bureau, board, commission, or
442	authority of the executive branch. In addition, "agency" shall
443	mean the Constitution Revision Commission as provided by s. 2,
444	Art. XI of the State Constitution.
445	(b)  "Agency official" or "employee" means any individual
446	who is required by law to file full or limited public disclosure
447	of his or her financial interests.
448	(c)  "Compensation" means a payment, distribution, loan,
449	advance, reimbursement, deposit, salary, fee, retainer, or
450	anything of value provided or owed to a lobbying firm, directly
451	or indirectly, by a principal for any lobbying activity.
452	(d)  "Expenditure" means a payment, distribution, loan,
453	advance, reimbursement, deposit, or anything of value made by a
454	lobbyist or principal for the purpose of lobbying. The term
455	"expenditure" does not include contributions or expenditures
456	reported pursuant to chapter 106 or federal election law,
457	campaign-related personal services provided without compensation
458	by individuals volunteering their time, any other contribution
459	or expenditure made by or to a political party, or any other
460	contribution or expenditure made by an organization that is
461	exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).
462	(e)  "Fund" means the Executive Branch Lobby Registration
463	Trust Fund.
464	(f)  "Lobbies" means seeking, on behalf of another person,
465	to influence an agency with respect to a decision of the agency
466	in the area of policy or procurement or an attempt to obtain the
467	goodwill of an agency official or employee. "Lobbies" also means
468	influencing or attempting to influence, on behalf of another,
469	the Constitution Revision Commission's action or nonaction
470	through oral or written communication or an attempt to obtain
471	the goodwill of a member or employee of the Constitution
472	Revision Commission.
473	(g)  "Lobbying firm" means a business entity, including an
474	individual contract lobbyist, that receives or becomes entitled
475	to receive any compensation for the purpose of lobbying, where
476	any partner, owner, officer, or employee of the business entity
477	is a lobbyist.
478	(h)  "Lobbyist" means a person who is employed and receives
479	payment, or who contracts for economic consideration, for the
480	purpose of lobbying, or a person who is principally employed for
481	governmental affairs by another person or governmental entity to
482	lobby on behalf of that other person or governmental entity.
483	"Lobbyist" does not include a person who is:
484	1.  An attorney, or any person, who represents a client in
485	a judicial proceeding or in a formal administrative proceeding
486	conducted pursuant to chapter 120 or any other formal hearing
487	before an agency, board, commission, or authority of this state.
488	2.  An employee of an agency or of a legislative or
489	judicial branch entity acting in the normal course of his or her
490	duties.
491	3.  A confidential informant who is providing, or wishes to
492	provide, confidential information to be used for law enforcement
493	purposes.
494	4.  A person who lobbies to procure a contract pursuant to
495	chapter 287 which contract is less than the threshold for
496	CATEGORY ONE as provided in s. 287.017(1)(a).
497	(i)  "Principal" means the person, firm, corporation, or
498	other entity which has employed or retained a lobbyist.
499	(2)  The Executive Branch Lobby Registration Trust Fund is
500	hereby created within the commission to be used for the purpose
501	of funding any office established to administer the registration
502	of lobbyists lobbying an agency, including the payment of
503	salaries and other expenses. The trust fund is not subject to
504	the service charge to General Revenue provisions of chapter 215.
505	All annual registration fees collected pursuant to this section
506	shall be deposited into such fund.
507	(3)  A person may not lobby an agency until such person has
508	registered as a lobbyist with the commission. Such registration
509	shall be due upon initially being retained to lobby and is
510	renewable on a calendar year basis thereafter. Upon registration
511	the person shall provide a statement signed by the principal or
512	principal's representative that the registrant is authorized to
513	represent the principal. The principal shall also identify and
514	designate its main business on the statement authorizing that
515	lobbyist pursuant to a classification system approved by the
516	commission. The registration shall require each lobbyist to
517	disclose, under oath, the following information:
518	(a)  Name and business address;
519	(b)  The name and business address of each principal
520	represented;
521	(c)  His or her area of interest;
522	(d)  The agencies before which he or she will appear; and
523	(e)  The existence of any direct or indirect business
524	association, partnership, or financial relationship with any
525	employee of an agency with which he or she lobbies, or intends
526	to lobby, as disclosed in the registration.
527	(4)  The annual lobbyist registration fee shall be set by
528	the commission by rule, not to exceed $40 for each principal
529	represented.
530	(5)(a)1.  Each lobbying firm shall file a compensation
531	report with the commission for each calendar quarter during any
532	portion of which one or more of the firm's lobbyists were
533	registered to represent a principal. The report shall include
534	the:
535	a.  Full name, business address, and telephone number of
536	the lobbying firm;
537	b.  Name of each of the firm's lobbyists; and
538	c.  Total compensation provided or owed to the lobbying
539	firm from all principals for the reporting period, reported in
540	one of the following categories: $0; $1 to $49,999; $50,000 to
541	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
542	$999,999; $1 million or more.
543	2.  For each principal represented by one or more of the
544	firm's lobbyists, the lobbying firm's compensation report shall
545	also include the:
546	a.  Full name, business address, and telephone number of
547	the principal; and
548	b.  Total compensation provided or owed to the lobbying
549	firm for the reporting period, reported in one of the following
550	categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
551	$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
552	more. If the category "$50,000 or more" is selected, the
553	specific dollar amount of compensation must be reported, rounded
554	up or down to the nearest $1,000.
555	3.  If the lobbying firm subcontracts work from another
556	lobbying firm and not from the original principal:
557	a.  The lobbying firm providing the work to be
558	subcontracted shall be treated as the reporting lobbying firm's
559	principal for reporting purposes under this paragraph; and
560	b.  The reporting lobbying firm shall, for each lobbying
561	firm identified under subparagraph 2., identify the name and
562	address of the principal originating the lobbying work.
563	4.  The senior partner, officer, or owner of the lobbying
564	firm shall certify to the veracity and completeness of the
565	information submitted pursuant to this paragraph.
566	(b)  For each principal represented by more than one
567	lobbying firm, the commission shall aggregate the reporting-
568	period and calendar-year compensation reported as provided or
569	owed by the principal.
570	(c)  The reporting statements shall be filed no later than
571	45 days after the end of each reporting period. The four
572	reporting periods are from January 1 through March 31, April 1
573	through June 30, July 1 through September 30, and October 1
574	through December 31, respectively. Reporting statements must be
575	filed by electronic means as provided in s. 112.32155.
576	(d)  The commission shall provide by rule the grounds for
577	waiving a fine, the procedures by which a lobbying firm that
578	fails to timely file a report shall be notified and assessed
579	fines, and the procedure for appealing the fines. The rule shall
580	provide for the following:
581	1.  Upon determining that the report is late, the person
582	designated to review the timeliness of reports shall immediately
583	notify the lobbying firm as to the failure to timely file the
584	report and that a fine is being assessed for each late day. The
585	fine shall be $50 per day per report for each late day up to a
586	maximum of $5,000 per late report.
587	2.  Upon receipt of the report, the person designated to
588	review the timeliness of reports shall determine the amount of
589	the fine due based upon the earliest of the following:
590	a.  When a report is actually received by the lobbyist
591	registration and reporting office.
592	b.  When the electronic receipt issued pursuant to s.
593	112.32155 is dated.
594	3.  Such fine shall be paid within 30 days after the notice
595	of payment due is transmitted by the Lobbyist Registration
596	Office, unless appeal is made to the commission. The moneys
597	shall be deposited into the Executive Branch Lobby Registration
598	Trust Fund.
599	4.  A fine shall not be assessed against a lobbying firm
600	the first time any reports for which the lobbying firm is
601	responsible are not timely filed. However, to receive the one-
602	time fine waiver, all reports for which the lobbying firm is
603	responsible must be filed within 30 days after the notice that
604	any reports have not been timely filed is transmitted by the
605	Lobbyist Registration Office. A fine shall be assessed for any
606	subsequent late-filed reports.
607	5.  Any lobbying firm may appeal or dispute a fine, based
608	upon unusual circumstances surrounding the failure to file on
609	the designated due date, and may request and shall be entitled
610	to a hearing before the commission, which shall have the
611	authority to waive the fine in whole or in part for good cause
612	shown. Any such request shall be made within 30 days after the
613	notice of payment due is transmitted by the Lobbyist
614	Registration Office. In such case, the lobbying firm shall,
615	within the 30-day period, notify the person designated to review
616	the timeliness of reports in writing of his or her intention to
617	bring the matter before the commission.
618	6.  The person designated to review the timeliness of
619	reports shall notify the commission of the failure of a lobbying
620	firm to file a report after notice or of the failure of a
621	lobbying firm to pay the fine imposed. All lobbyist
622	registrations for lobbyists who are partners, owners, officers,
623	or employees of a lobbying firm that fails to timely pay a fine
624	are automatically suspended until the fine is paid or waived,
625	and the commission shall promptly notify all affected principals
626	of each suspension and each reinstatement.
627	7.  Notwithstanding any provision of chapter 120, any fine
628	imposed under this subsection that is not waived by final order
629	of the commission and that remains unpaid more than 60 days
630	after the notice of payment due or more than 60 days after the
631	commission renders a final order on the lobbying firm's appeal
632	shall be collected by the Department of Financial Services as a
633	claim, debt, or other obligation owed to the state, and the
634	department may assign the collection of such fine to a
635	collection agent as provided in s. 17.20.
636	(e)  Each lobbying firm and each principal shall preserve
637	for a period of 4 years all accounts, bills, receipts, computer
638	records, books, papers, and other documents and records
639	necessary to substantiate compensation. Any documents and
640	records retained pursuant to this section may be subpoenaed for
641	audit by the Legislative Auditing Committee pursuant to s.
642	11.40, and such subpoena may be enforced in circuit court.
643	(5)(6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
644	other provision of law to the contrary, no lobbyist or principal
645	shall make, directly or indirectly, and no agency official,
646	member, or employee shall knowingly accept, directly or
647	indirectly, any expenditure.
648	(b)  No person shall provide compensation for lobbying to
649	any individual or business entity that is not a lobbying firm.
650	(6)(7)  A lobbyist shall promptly send a written statement
651	to the commission canceling the registration for a principal
652	upon termination of the lobbyist's representation of that
653	principal. Notwithstanding this requirement, the commission may
654	remove the name of a lobbyist from the list of registered
655	lobbyists if the principal notifies the office that a person is
656	no longer authorized to represent that principal.
657	(7)(8)(a)  The commission shall investigate every sworn
658	complaint that is filed with it alleging that a person covered
659	by this section has failed to register, has failed to submit a
660	compensation report, or has knowingly submitted false
661	information in any report or registration required in this
662	section.
663	(b)  All proceedings, the complaint, and other records
664	relating to the investigation are confidential and exempt from
665	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
666	Constitution, and any meetings held pursuant to an investigation
667	are exempt from the provisions of s. 286.011(1) and s. 24(b),
668	Art. I of the State Constitution either until the alleged
669	violator requests in writing that such investigation and
670	associated records and meetings be made public or until the
671	commission determines, based on the investigation, whether
672	probable cause exists to believe that a violation has occurred.
673	(c)  The commission shall investigate any lobbying firm,
674	agency, officer, or employee upon receipt of information from a
675	sworn complaint or from a random audit of lobbying reports
676	indicating a possible violation other than a late-filed report.
677	(d)  Records relating to an audit conducted pursuant to
678	this section or an investigation conducted pursuant to this
679	section or s. 112.32155 are confidential and exempt from s.
680	119.07(1) and s. 24(a), Art. I of the State Constitution, and
681	any meetings held pursuant to such an investigation or at which
682	such an audit is discussed are exempt from s. 286.011 and s.
683	24(b), Art. I of the State Constitution either until the
684	lobbying firm requests in writing that such investigation and
685	associated records and meetings be made public or until the
686	commission determines there is probable cause that the audit
687	reflects a violation of the reporting laws. This paragraph is
688	subject to the Open Government Sunset Review Act in accordance
689	with s. 119.15 and shall stand repealed on October 2, 2011,
690	unless reviewed and saved from repeal through reenactment by the
691	Legislature.
692	(8)(9)  If the commission finds no probable cause to
693	believe that a violation of this section occurred, it shall
694	dismiss the complaint, whereupon the complaint, together with a
695	written statement of the findings of the investigation and a
696	summary of the facts, shall become a matter of public record,
697	and the commission shall send a copy of the complaint, findings,
698	and summary to the complainant and the alleged violator. If,
699	after investigating information from a random audit of lobbying
700	reports, the commission finds no probable cause to believe that
701	a violation of this section occurred, a written statement of the
702	findings of the investigation and a summary of the facts shall
703	become a matter of public record, and the commission shall send
704	a copy of the findings and summary to the alleged violator. If
705	the commission finds probable cause to believe that a violation
706	occurred, it shall report the results of its investigation to
707	the Governor and Cabinet and send a copy of the report to the
708	alleged violator by certified mail. Such notification and all
709	documents made or received in the disposition of the complaint
710	shall then become public records. Upon request submitted to the
711	Governor and Cabinet in writing, any person whom the commission
712	finds probable cause to believe has violated any provision of
713	this section shall be entitled to a public hearing. Such person
714	shall be deemed to have waived the right to a public hearing if
715	the request is not received within 14 days following the mailing
716	of the probable cause notification. However, the Governor and
717	Cabinet may on its own motion require a public hearing and may
718	conduct such further investigation as it deems necessary.
719	(9)(10)  If the Governor and Cabinet finds that a violation
720	occurred, it may reprimand the violator, censure the violator,
721	or prohibit the violator from lobbying all agencies for a period
722	not to exceed 2 years. If the violator is a lobbying firm, the
723	Governor and Cabinet may also assess a fine of not more than
724	$5,000 to be deposited in the Executive Branch Lobby
725	Registration Trust Fund.
726	(10)(11)  Any person, when in doubt about the applicability
727	and interpretation of this section to himself or herself in a
728	particular context, may submit in writing the facts of the
729	situation to the commission with a request for an advisory
730	opinion to establish the standard of duty. An advisory opinion
731	shall be rendered by the commission and, until amended or
732	revoked, shall be binding on the conduct of the person who
733	sought the opinion, unless material facts were omitted or
734	misstated in the request.
735	(11)(12)  Agencies shall be diligent to ascertain whether
736	persons required to register pursuant to this section have
737	complied. An agency may not knowingly permit a person who is not
738	registered pursuant to this section to lobby the agency.
739	(12)(13)  Upon discovery of violations of this section an
740	agency or any person may file a sworn complaint with the
741	commission.
742	(13)(14)  The commission shall adopt rules to administer
743	this section, which shall prescribe forms for registration and
744	compensation reports, procedures for registration, and
745	procedures that will prevent disclosure of information that is
746	confidential as provided in this section.
747	Section 5.  Section 112.32155, Florida Statutes, is amended
748	to read:
749	112.32155  Electronic filing of compensation reports and
750	other information.--
751	(1)  As used in this section, the term "electronic filing
752	system" means an Internet system for recording and reporting
753	lobbying compensation and other required information by
754	reporting period.
755	(2)  Each lobbying firm who is required to file reports
756	with the Commission on Ethics pursuant to s. 112.3215 must file
757	such reports with the commission by means of the electronic
758	filing system.
759	(3)  A report filed pursuant to this section must be
760	completed and filed through the electronic filing system not
761	later than 11:59 p.m. of the day designated in s. 112.3215. A
762	report not filed by 11:59 p.m. of the day designated is a late-
763	filed report and is subject to the penalties under s.
764	112.3215(5).
765	(2)(4)  Each report filed pursuant to this section is
766	considered to meet the certification requirements of s.
767	112.3215(5)(a)4. Persons given a secure sign-on to the
768	electronic filing system are responsible for protecting it from
769	disclosure and are responsible for all filings using such
770	credentials, unless they have notified the commission that their
771	credentials have been compromised.
772	(3)(5)  The electronic filing system must:
773	(a)  Be based on access by means of the Internet.
774	(b)  Be accessible by anyone with Internet access using
775	standard web-browsing software.
776	(c)  Provide for direct entry of compensation report
777	information as well as upload of such information from software
778	authorized by the commission.
779	(d)  Provide a method that prevents unauthorized access to
780	electronic filing system functions.
781	(4)(6)  The commission shall provide by rule procedures to
782	implement and administer this section, including, but not
783	limited to:
784	(a)  Alternate filing procedures in case the electronic
785	filing system is not operable.
786	(b)  The issuance of an electronic receipt to the person
787	submitting the report indicating and verifying the date and time
788	that the report was filed.
789	(5)(7)  The commission shall make all the data filed
790	available on the Internet in an easily understood and accessible
791	format. The Internet website shall also include, but not be
792	limited to, the names and business addresses of lobbyists,
793	lobbying firms, and principals, the affiliations between
794	lobbyists and principals, and the classification system
795	designated and identified by each principal pursuant to s.
796	112.3215(3).
797	Section 6.  Subsection (17) of section 112.313, Florida
798	Statutes, is amended to read:
799	112.313  Standards of conduct for public officers,
800	employees of agencies, and local government attorneys.--
801	(17)  BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.--No
802	citizen member of the Board of Governors of the State University
803	System, nor any citizen member of a board of trustees of a local
804	constituent university, shall have or hold any employment or
805	contractual relationship as a legislative lobbyist requiring
806	annual registration and reporting pursuant to s. 11.045.
807	Section 7.  This act shall take effect July 1, 2007.

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