Florida Senate - 2008 SB 2836

By Senator Siplin

19-03391A-08 20082836__

A bill to be entitled

An act relating to lobbyists; amending s. 11.045, F.S.;

deleting provisions requiring a lobbyist before the

Legislature to report all compensation paid to the

lobbyist; deleting provisions that prohibit a lobbyist or

principal from making certain expenditures and that

prohibit a member or employee of the Legislature from

accepting such expenditures; amending s. 112.3215, F.S.,

deleting provisions requiring a lobbyist before the

executive branch or the Constitution Revision Commission

to report all compensation paid to the lobbyist; deleting

provisions that prohibit a lobbyist or principal from

making certain expenditures and that prohibit a member or

employee of the executive branch or the Constitution

Revision Commission from accepting such expenditures;

amending ss. 11.40 and 112.313, F.S.; to conform to

changes made by the act; repealing ss. 11.0455 and

112.32155, F.S., relating to the electronic filing of

lobbyists' compensation reports; providing an effective

date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraph (h) of subsection (6) of section

11.40, Florida Statutes, is amended to read:

11.40 Legislative Auditing Committee.--

(6)

(h) The committee shall adopt guidelines that govern random

audits and field investigations conducted pursuant to this

subsection. The guidelines shall ensure that similarly situated

compensation reports are audited in a uniform manner. The

guidelines shall also be formulated to encourage compliance and

detect violations of the legislative and executive lobbying

compensation reporting requirements in ss. 11.045 and 112.3215

and to ensure that each audit is conducted with maximum

efficiency in a cost-effective manner. In adopting the

guidelines, the committee shall consider relevant guidelines and

standards of the American Institute of Certified Public

Accountants to the extent that such guidelines and standards are

applicable and consistent with the purposes set forth in this

subsection.

Section 2. Section 11.045, Florida Statutes, is amended to

read:

11.045 Lobbying before the Legislature; registration and

reporting; exemptions; penalties.--

(1) As used in this section, unless the context otherwise

requires:

(a) "Committee" means the committee of each house charged

by the presiding officer with responsibility for ethical conduct

of lobbyists.

(b) "Compensation" means a payment, distribution, loan,

advance, reimbursement, deposit, salary, fee, retainer, or

anything of value provided or owed to a lobbying firm, directly

or indirectly, by a principal for any lobbying activity.

Information Services within the Office of Legislative Services.

(d) "Expenditure" means a payment, distribution, loan,

advance, reimbursement, deposit, or anything of value made by a

lobbyist or principal for the purpose of lobbying. The term

"expenditure" does not include contributions or expenditures

reported pursuant to chapter 106 or federal election law,

campaign-related personal services provided without compensation

by individuals volunteering their time, any other contribution or

expenditure made by or to a political party, or any other

contribution or expenditure made by an organization that is

exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).

(d)(e) "Legislative action" means introduction,

sponsorship, testimony, debate, voting, or any other official

action on any measure, resolution, amendment, nomination,

appointment, or report of, or any matter which may be the subject

of action by, either house of the Legislature or any committee

thereof.

(e)(f) "Lobbying" means influencing or attempting to

influence legislative action or nonaction through oral or written

communication or an attempt to obtain the goodwill of a member or

employee of the Legislature.

(f)(g) "Lobbying firm" means any business entity, including

an individual contract lobbyist, that receives or becomes

entitled to receive any compensation for the purpose of lobbying,

where any partner, owner, officer, or employee of the business

entity is a lobbyist.

(g)(h) "Lobbyist" means a person who is employed and

receives payment, or who contracts for economic consideration,

for the purpose of lobbying, or a person who is principally

employed for governmental affairs by another person or

governmental entity to lobby on behalf of that other person or

governmental entity.

(h)(i) "Principal" means the person, firm, corporation, or

other entity which has employed or retained a lobbyist.

(2) Each house of the Legislature shall provide by rule, or

may provide by a joint rule adopted by both houses, for the

registration of lobbyists who lobby the Legislature. The rule may

provide for the payment of a registration fee. The rule may

provide for exemptions from registration or registration fees.

The rule shall provide that:

(a) Registration is required for each principal

represented.

(b) Registration shall include a statement signed by the

principal or principal's representative that the registrant is

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authorized to represent the principal. The principal shall also

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identify and designate its main business on the statement

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authorizing that lobbyist pursuant to a classification system

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approved by the Office of Legislative Services.

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the division canceling the registration for a principal upon

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termination of the lobbyist's representation of that principal.

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Notwithstanding this requirement, the division may remove the

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name of a registrant from the list of registered lobbyists if the

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principal notifies the office that a person is no longer

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authorized to represent that principal.

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(d) Every registrant shall be required to state the extent

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of any direct business association or partnership with any

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current member of the Legislature.

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(e) Each lobbying firm and each principal shall preserve

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for a period of 4 years all accounts, bills, receipts, computer

116

records, books, papers, and other documents and records necessary

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to substantiate compensation. Any documents and records retained

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pursuant to this section may be subpoenaed for audit by

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legislative subpoena of either house of the Legislature, and the

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subpoena may be enforced in circuit court.

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(f) All registrations shall be open to the public.

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(g) Any person who is exempt from registration under the

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rule shall not be considered a lobbyist for any purpose.

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(3) Each house of the Legislature shall provide by rule the

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following reporting requirements:

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(a)1. Each lobbying firm shall file a compensation report

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with the division for each calendar quarter during any portion of

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which one or more of the firm's lobbyists were registered to

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represent a principal. The report shall include the:

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a. Full name, business address, and telephone number of the

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lobbying firm;

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b. Name of each of the firm's lobbyists; and

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c. Total compensation provided or owed to the lobbying firm

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from all principals for the reporting period, reported in one of

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the following categories: $0; $1 to $49,999; $50,000 to $99,999;

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$100,000 to $249,999; $250,000 to $499,999; $500,000 to $999,999;

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$1 million or more.

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2. For each principal represented by one or more of the

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firm's lobbyists, the lobbying firm's compensation report shall

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also include the:

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a. Full name, business address, and telephone number of the

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principal; and

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b. Total compensation provided or owed to the lobbying firm

144

for the reporting period, reported in one of the following

145

categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to

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$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or

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more. If the category "$50,000 or more" is selected, the specific

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dollar amount of compensation must be reported, rounded up or

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down to the nearest $1,000.

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3. If the lobbying firm subcontracts work from another

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lobbying firm and not from the original principal:

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a. The lobbying firm providing the work to be subcontracted

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shall be treated as the reporting lobbying firm's principal for

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reporting purposes under this paragraph; and

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b. The reporting lobbying firm shall, for each lobbying

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firm identified under subparagraph 2., identify the name and

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address of the principal originating the lobbying work.

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4. The senior partner, officer, or owner of the lobbying

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firm shall certify to the veracity and completeness of the

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information submitted pursuant to this paragraph.

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(b) For each principal represented by more than one

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lobbying firm, the division shall aggregate the reporting-period

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and calendar-year compensation reported as provided or owed by

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the principal.

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45 days after the end of each reporting period. The four

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reporting periods are from January 1 through March 31, April 1

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through June 30, July 1 through September 30, and October 1

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through December 31, respectively. The statements shall be

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rendered in the identical form provided by the respective houses

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and shall be open to public inspection. Reporting statements must

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be filed by electronic means as provided in s. 11.0455.

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(d) Each house of the Legislature shall provide by rule, or

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both houses may provide by joint rule, a procedure by which a

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lobbying firm that fails to timely file a report shall be

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notified and assessed fines. The rule shall provide for the

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following:

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1. Upon determining that the report is late, the person

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designated to review the timeliness of reports shall immediately

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notify the lobbying firm as to the failure to timely file the

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report and that a fine is being assessed for each late day. The

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fine shall be $50 per day per report for each late day, not to

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exceed $5,000 per report.

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2. Upon receipt of the report, the person designated to

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review the timeliness of reports shall determine the amount of

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the fine due based upon the earliest of the following:

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a. When a report is actually received by the lobbyist

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registration and reporting office.

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b. When the electronic receipt issued pursuant to s.

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11.0455 is dated.

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3. Such fine shall be paid within 30 days after the notice

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of payment due is transmitted by the Lobbyist Registration

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Office, unless appeal is made to the division. The moneys shall

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be deposited into the Legislative Lobbyist Registration Trust

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Fund.

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4. A fine shall not be assessed against a lobbying firm the

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first time any reports for which the lobbying firm is responsible

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are not timely filed. However, to receive the one-time fine

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waiver, all reports for which the lobbying firm is responsible

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must be filed within 30 days after notice that any reports have

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not been timely filed is transmitted by the Lobbyist Registration

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Office. A fine shall be assessed for any subsequent late-filed

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reports.

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5. Any lobbying firm may appeal or dispute a fine, based

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upon unusual circumstances surrounding the failure to file on the

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designated due date, and may request and shall be entitled to a

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hearing before the General Counsel of the Office of Legislative

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Services, who shall recommend to the President of the Senate and

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the Speaker of the House of Representatives, or their respective

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designees, that the fine be waived in whole or in part for good

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cause shown. The President of the Senate and the Speaker of the

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House of Representatives, or their respective designees, may

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concur in the recommendation and waive the fine in whole or in

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part. Any such request shall be made within 30 days after the

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notice of payment due is transmitted by the Lobbyist Registration

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Office. In such case, the lobbying firm shall, within the 30-day

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period, notify the person designated to review the timeliness of

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reports in writing of his or her intention to request a hearing.

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6. A lobbying firm may request that the filing of a report

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be waived upon good cause shown, based on unusual circumstances.

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The request must be filed with the General Counsel of the Office

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of Legislative Services, who shall make a recommendation

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concerning the waiver request to the President of the Senate and

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the Speaker of the House of Representatives. The President of the

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Senate and the Speaker of the House of Representatives may grant

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or deny the request.

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7. All lobbyist registrations for lobbyists who are

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partners, owners, officers, or employees of a lobbying firm that

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fails to timely pay a fine are automatically suspended until the

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fine is paid or waived, and the division shall promptly notify

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all affected principals of any suspension or reinstatement.

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8. The person designated to review the timeliness of

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reports shall notify the director of the division of the failure

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of a lobbying firm to file a report after notice or of the

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failure of a lobbying firm to pay the fine imposed.

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(4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any

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other provision of law to the contrary, no lobbyist or principal

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shall make, directly or indirectly, and no member or employee of

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the Legislature shall knowingly accept, directly or indirectly,

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any expenditure, except floral arrangements or other celebratory

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items given to legislators and displayed in chambers the opening

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day of a regular session.

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(3)(b) No person shall provide compensation for lobbying to

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any individual or business entity that is not a lobbying firm.

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(4)(5) Each house of the Legislature shall provide by rule

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a procedure by which a person, when in doubt about the

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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

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the committee. The rule shall provide a procedure by which:

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(a) The committee shall render advisory opinions to any

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person who seeks advice as to whether the facts in a particular

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case would constitute a violation of this section.

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(b) The committee shall make sufficient deletions to

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prevent disclosing the identity of persons in the decisions or

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opinions.

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numbered, dated, and open to public inspection.

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(5)(6) Each house of the Legislature shall provide by rule

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for keeping all advisory opinions of the committees relating to

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lobbying firms, lobbyists, and lobbying activities. The rule

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shall also provide that each house keep a current list of

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registered lobbyists along with reports required of lobbying

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firms under this section, all of which shall be open for public

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inspection.

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(6)(7) Each house of the Legislature shall provide by rule

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that a committee of either house investigate any person upon

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receipt of a sworn complaint alleging a violation of this

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section, s. 112.3148, or s. 112.3149 by such person; also, the

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rule shall provide that a committee of either house investigate

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any lobbying firm upon receipt of audit information indicating a

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possible violation other than a late-filed report. Such

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proceedings shall be conducted pursuant to the rules of the

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respective houses. If the committee finds that there has been a

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violation of this section, s. 112.3148, or s. 112.3149, it shall

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report its findings to the President of the Senate or the Speaker

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of the House of Representatives, as appropriate, together with a

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recommended penalty, to include a fine of not more than $5,000,

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reprimand, censure, probation, or prohibition from lobbying for a

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period of time not to exceed 24 months. Upon the receipt of such

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report, the President of the Senate or the Speaker of the House

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of Representatives shall cause the committee report and

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recommendations to be brought before the respective house and a

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final determination shall be made by a majority of said house.

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(7)(8) Any person required to be registered or to provide

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information pursuant to this section or pursuant to rules

287

established in conformity with this section who knowingly fails

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to disclose any material fact required by this section or by

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rules established in conformity with this section, or who

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knowingly provides false information on any report required by

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this section or by rules established in conformity with this

292

section, commits a noncriminal infraction, punishable by a fine

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not to exceed $5,000. Such penalty shall be in addition to any

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other penalty assessed by a house of the Legislature pursuant to

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subsection (6) (7).

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(8)(9) There is hereby created the Legislative Lobbyist

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Registration Trust Fund, to be used for the purpose of funding

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any office established for the administration of the registration

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of lobbyists lobbying the Legislature, including the payment of

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salaries and other expenses, and for the purpose of paying the

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expenses incurred by the Legislature in providing services to

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lobbyists. The trust fund is not subject to the service charge to

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general revenue provisions of chapter 215. Fees collected

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pursuant to rules established in accordance with subsection (2)

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shall be deposited into the Legislative Lobbyist Registration

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Trust Fund.

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Section 3. Subsection (17) of section 112.313, Florida

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Statutes, is amended to read:

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112.313 Standards of conduct for public officers, employees

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of agencies, and local government attorneys.--

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(17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.--No citizen

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member of the Board of Governors of the State University System,

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nor any citizen member of a board of trustees of a local

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constituent university, shall have or hold any employment or

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contractual relationship as a legislative lobbyist requiring

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annual registration and reporting pursuant to s. 11.045.

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Section 4. Section 112.3215, Florida Statutes, is amended

318

to read:

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112.3215 Lobbying before the executive branch or the

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Constitution Revision Commission; registration and reporting;

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investigation by commission.--

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(1) For the purposes of this section:

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(a) "Agency" means the Governor, Governor and Cabinet, or

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any department, division, bureau, board, commission, or authority

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of the executive branch. In addition, "agency" shall mean the

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Constitution Revision Commission as provided by s. 2, Art. XI of

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the State Constitution.

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(b) "Agency official" or "employee" means any individual

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who is required by law to file full or limited public disclosure

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of his or her financial interests.

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advance, reimbursement, deposit, salary, fee, retainer, or

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anything of value provided or owed to a lobbying firm, directly

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or indirectly, by a principal for any lobbying activity.

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(d) "Expenditure" means a payment, distribution, loan,

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advance, reimbursement, deposit, or anything of value made by a

337

lobbyist or principal for the purpose of lobbying. The term

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"expenditure" does not include contributions or expenditures

339

reported pursuant to chapter 106 or federal election law,

340

campaign-related personal services provided without compensation

341

by individuals volunteering their time, any other contribution or

342

expenditure made by or to a political party, or any other

343

contribution or expenditure made by an organization that is

344

exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).

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(d)(e) "Fund" means the Executive Branch Lobby Registration

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Trust Fund.

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(e)(f) "Lobbies" means seeking, on behalf of another

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person, to influence an agency with respect to a decision of the

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agency in the area of policy or procurement or an attempt to

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obtain the goodwill of an agency official or employee. "Lobbies"

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also means influencing or attempting to influence, on behalf of

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another, the Constitution Revision Commission's action or

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nonaction through oral or written communication or an attempt to

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obtain the goodwill of a member or employee of the Constitution

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Revision Commission.

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(f)(g) "Lobbying firm" means a business entity, including

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an individual contract lobbyist, that receives or becomes

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entitled to receive any compensation for the purpose of lobbying,

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where any partner, owner, officer, or employee of the business

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entity is a lobbyist.

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(g)(h) "Lobbyist" means a person who is employed and

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receives payment, or who contracts for economic consideration,

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for the purpose of lobbying, or a person who is principally

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employed for governmental affairs by another person or

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governmental entity to lobby on behalf of that other person or

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governmental entity. "Lobbyist" does not include a person who is:

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1. An attorney, or any person, who represents a client in a

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judicial proceeding or in a formal administrative proceeding

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conducted pursuant to chapter 120 or any other formal hearing

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before an agency, board, commission, or authority of this state.

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2. An employee of an agency or of a legislative or judicial

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branch entity acting in the normal course of his or her duties.

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3. A confidential informant who is providing, or wishes to

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provide, confidential information to be used for law enforcement

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purposes.

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4. A person who lobbies to procure a contract pursuant to

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chapter 287 which contract is less than the threshold for

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CATEGORY ONE as provided in s. 287.017(1)(a).

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(h)(i) "Principal" means the person, firm, corporation, or

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other entity which has employed or retained a lobbyist.

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(2) The Executive Branch Lobby Registration Trust Fund is

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hereby created within the commission to be used for the purpose

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of funding any office established to administer the registration

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of lobbyists lobbying an agency, including the payment of

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salaries and other expenses. The trust fund is not subject to the

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service charge to General Revenue provisions of chapter 215. All

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annual registration fees collected pursuant to this section shall

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be deposited into such fund.

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(3) A person may not lobby an agency until such person has

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registered as a lobbyist with the commission. Such registration

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shall be due upon initially being retained to lobby and is

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renewable on a calendar year basis thereafter. Upon registration

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the person shall provide a statement signed by the principal or

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principal's representative that the registrant is authorized to

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represent the principal. The principal shall also identify and

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designate its main business on the statement authorizing that

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lobbyist pursuant to a classification system approved by the

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commission. The registration shall require each lobbyist to

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disclose, under oath, the following information:

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(a) Name and business address;

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(b) The name and business address of each principal

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represented;

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(d) The agencies before which he or she will appear; and

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(e) The existence of any direct or indirect business

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association, partnership, or financial relationship with any

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employee of an agency with which he or she lobbies, or intends to

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lobby, as disclosed in the registration.

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(4) The annual lobbyist registration fee shall be set by

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the commission by rule, not to exceed $40 for each principal

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represented.

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(5)(a)1. Each lobbying firm shall file a compensation

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report with the commission for each calendar quarter during any

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portion of which one or more of the firm's lobbyists were

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registered to represent a principal. The report shall include

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the:

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a. Full name, business address, and telephone number of the

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lobbying firm;

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b. Name of each of the firm's lobbyists; and

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c. Total compensation provided or owed to the lobbying firm

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from all principals for the reporting period, reported in one of

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the following categories: $0; $1 to $49,999; $50,000 to $99,999;

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$100,000 to $249,999; $250,000 to $499,999; $500,000 to $999,999;

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$1 million or more.

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2. For each principal represented by one or more of the

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firm's lobbyists, the lobbying firm's compensation report shall

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also include the:

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a. Full name, business address, and telephone number of the

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principal; and

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b. Total compensation provided or owed to the lobbying firm

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for the reporting period, reported in one of the following

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categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to

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$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or

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more. If the category "$50,000 or more" is selected, the specific

435

dollar amount of compensation must be reported, rounded up or

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down to the nearest $1,000.

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3. If the lobbying firm subcontracts work from another

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lobbying firm and not from the original principal:

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a. The lobbying firm providing the work to be subcontracted

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shall be treated as the reporting lobbying firm's principal for

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reporting purposes under this paragraph; and

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b. The reporting lobbying firm shall, for each lobbying

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firm identified under subparagraph 2., identify the name and

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address of the principal originating the lobbying work.

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4. The senior partner, officer, or owner of the lobbying

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firm shall certify to the veracity and completeness of the

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information submitted pursuant to this paragraph.

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(b) For each principal represented by more than one

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lobbying firm, the commission shall aggregate the reporting-

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period and calendar-year compensation reported as provided or

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owed by the principal.

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45 days after the end of each reporting period. The four

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reporting periods are from January 1 through March 31, April 1

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through June 30, July 1 through September 30, and October 1

456

through December 31, respectively. Reporting statements must be

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filed by electronic means as provided in s. 112.32155.

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(d) The commission shall provide by rule the grounds for

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waiving a fine, the procedures by which a lobbying firm that

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fails to timely file a report shall be notified and assessed

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fines, and the procedure for appealing the fines. The rule shall

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provide for the following:

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1. Upon determining that the report is late, the person

464

designated to review the timeliness of reports shall immediately

465

notify the lobbying firm as to the failure to timely file the

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report and that a fine is being assessed for each late day. The

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fine shall be $50 per day per report for each late day up to a

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maximum of $5,000 per late report.

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2. Upon receipt of the report, the person designated to

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review the timeliness of reports shall determine the amount of

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the fine due based upon the earliest of the following:

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a. When a report is actually received by the lobbyist

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registration and reporting office.

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b. When the electronic receipt issued pursuant to s.

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112.32155 is dated.

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3. Such fine shall be paid within 30 days after the notice

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of payment due is transmitted by the Lobbyist Registration

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Office, unless appeal is made to the commission. The moneys shall

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be deposited into the Executive Branch Lobby Registration Trust

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Fund.

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4. A fine shall not be assessed against a lobbying firm the

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first time any reports for which the lobbying firm is responsible

483

are not timely filed. However, to receive the one-time fine

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waiver, all reports for which the lobbying firm is responsible

485

must be filed within 30 days after the notice that any reports

486

have not been timely filed is transmitted by the Lobbyist

487

Registration Office. A fine shall be assessed for any subsequent

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late-filed reports.

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5. Any lobbying firm may appeal or dispute a fine, based

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upon unusual circumstances surrounding the failure to file on the

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designated due date, and may request and shall be entitled to a

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hearing before the commission, which shall have the authority to

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waive the fine in whole or in part for good cause shown. Any such

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request shall be made within 30 days after the notice of payment

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due is transmitted by the Lobbyist Registration Office. In such

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case, the lobbying firm shall, within the 30-day period, notify

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the person designated to review the timeliness of reports in

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writing of his or her intention to bring the matter before the

499

commission.

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6. The person designated to review the timeliness of

501

reports shall notify the commission of the failure of a lobbying

502

firm to file a report after notice or of the failure of a

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lobbying firm to pay the fine imposed. All lobbyist registrations

504

for lobbyists who are partners, owners, officers, or employees of

505

a lobbying firm that fails to timely pay a fine are automatically

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suspended until the fine is paid or waived, and the commission

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shall promptly notify all affected principals of each suspension

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and each reinstatement.

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7. Notwithstanding any provision of chapter 120, any fine

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imposed under this subsection that is not waived by final order

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of the commission and that remains unpaid more than 60 days after

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the notice of payment due or more than 60 days after the

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commission renders a final order on the lobbying firm's appeal

514

shall be collected by the Department of Financial Services as a

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claim, debt, or other obligation owed to the state, and the

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department may assign the collection of such fine to a collection

517

agent as provided in s. 17.20.

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(5)(e) Each lobbying firm and each principal shall preserve

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for a period of 4 years all accounts, bills, receipts, computer

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records, books, papers, and other documents and records necessary

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to substantiate compensation. Any documents and records retained

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pursuant to this section may be subpoenaed for audit by the

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Legislative Auditing Committee pursuant to s. 11.40, and such

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subpoena may be enforced in circuit court.

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(6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any

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other provision of law to the contrary, no lobbyist or principal

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shall make, directly or indirectly, and no agency official,

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member, or employee shall knowingly accept, directly or

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indirectly, any expenditure.

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(b) No person shall provide compensation for lobbying to

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any individual or business entity that is not a lobbying firm.

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(7) A lobbyist shall promptly send a written statement to

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the commission canceling the registration for a principal upon

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termination of the lobbyist's representation of that principal.

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Notwithstanding this requirement, the commission may remove the

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name of a lobbyist from the list of registered lobbyists if the

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principal notifies the office that a person is no longer

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authorized to represent that principal.

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(8)(a) The commission shall investigate every sworn

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complaint that is filed with it alleging that a person covered by

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this section has failed to register, has failed to submit a

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compensation report, or has knowingly submitted false information

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in any report or registration required in this section.

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(b) All proceedings, the complaint, and other records

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relating to the investigation are confidential and exempt from

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the provisions of s. 119.07(1) and s. 24(a), Art. I of the State

547

Constitution, and any meetings held pursuant to an investigation

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are exempt from the provisions of s. 286.011(1) and s. 24(b),

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Art. I of the State Constitution either until the alleged

550

violator requests in writing that such investigation and

551

associated records and meetings be made public or until the

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commission determines, based on the investigation, whether

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probable cause exists to believe that a violation has occurred.

554

555

agency, officer, or employee upon receipt of information from a

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sworn complaint or from a random audit of lobbying reports

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indicating a possible violation other than a late-filed report.

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(d) Records relating to an audit conducted pursuant to this

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section or an investigation conducted pursuant to this section or

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s. 112.32155 are confidential and exempt from s. 119.07(1) and s.

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24(a), Art. I of the State Constitution, and any meetings held

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pursuant to such an investigation or at which such an audit is

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discussed are exempt from s. 286.011 and s. 24(b), Art. I of the

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State Constitution either until the lobbying firm requests in

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writing that such investigation and associated records and

566

meetings be made public or until the commission determines there

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is probable cause that the audit reflects a violation of the

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reporting laws. This paragraph is subject to the Open Government

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Sunset Review Act in accordance with s. 119.15 and shall stand

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repealed on October 2, 2011, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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(9) If the commission finds no probable cause to believe

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that a violation of this section occurred, it shall dismiss the

574

complaint, whereupon the complaint, together with a written

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statement of the findings of the investigation and a summary of

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the facts, shall become a matter of public record, and the

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commission shall send a copy of the complaint, findings, and

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summary to the complainant and the alleged violator. If, after

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investigating information from a random audit of lobbying

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reports, the commission finds no probable cause to believe that a

581

violation of this section occurred, a written statement of the

582

findings of the investigation and a summary of the facts shall

583

become a matter of public record, and the commission shall send a

584

copy of the findings and summary to the alleged violator. If the

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commission finds probable cause to believe that a violation

586

occurred, it shall report the results of its investigation to the

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Governor and Cabinet and send a copy of the report to the alleged

588

violator by certified mail. Such notification and all documents

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made or received in the disposition of the complaint shall then

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become public records. Upon request submitted to the Governor and

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Cabinet in writing, any person whom the commission finds probable

592

cause to believe has violated any provision of this section shall

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be entitled to a public hearing. Such person shall be deemed to

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have waived the right to a public hearing if the request is not

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received within 14 days following the mailing of the probable

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cause notification. However, the Governor and Cabinet may on its

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own motion require a public hearing and may conduct such further

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investigation as it deems necessary.

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(10) If the Governor and Cabinet finds that a violation

600

occurred, it may reprimand the violator, censure the violator, or

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prohibit the violator from lobbying all agencies for a period not

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to exceed 2 years. If the violator is a lobbying firm, the

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Governor and Cabinet may also assess a fine of not more than

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$5,000 to be deposited in the Executive Branch Lobby Registration

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Trust Fund.

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(11) Any person, when in doubt about the applicability and

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interpretation of this section to himself or herself in a

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particular context, may submit in writing the facts of the

609

situation to the commission with a request for an advisory

610

opinion to establish the standard of duty. An advisory opinion

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shall be rendered by the commission and, until amended or

612

revoked, shall be binding on the conduct of the person who sought

613

the opinion, unless material facts were omitted or misstated in

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the request.

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(12) Agencies shall be diligent to ascertain whether

616

persons required to register pursuant to this section have

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complied. An agency may not knowingly permit a person who is not

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registered pursuant to this section to lobby the agency.

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(13) Upon discovery of violations of this section an agency

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or any person may file a sworn complaint with the commission.

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(14) The commission shall adopt rules to administer this

622

section, which shall prescribe forms for registration and

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compensation reports, procedures for registration, and procedures

624

that will prevent disclosure of information that is confidential

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as provided in this section.

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Section 5. Sections 11.0455 and 112.32155, Florida

627

Statutes, are repealed.

628

Section 6. This act shall take effect July 1, 2008.

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