Florida Senate - 2012    (Corrected Copy)    (Proposed Committee
       Bill) SPB 7178
       
       
       FOR CONSIDERATION By the Committee on Rules
       
       
       
       
       595-01950B-12                                         20127178__
    1                        A bill to be entitled                      
    2         An act relating to the Office of Legislative Services;
    3         amending ss. 11.045 and 11.0455, and 112.3148, F.S.;
    4         providing for duties related to the registration and
    5         reporting of legislative lobbyists to be conducted by
    6         the office rather than the Division of Legislative
    7         Information Services within the office; amending s.
    8         11.242, F.S.; providing that certain content relating
    9         to the published edition of the Florida Statutes be
   10         determined by the office rather than the Division of
   11         Statutory Revision within the office; amending s.
   12         112.3148, F.S.; conforming provisions to changes made
   13         by the act; amending s. 119.15, F.S.; requiring that
   14         the office, rather than the Division of Statutory
   15         Revision, certify to the Legislature public records
   16         and public meetings exemptions that are scheduled for
   17         repeal; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (c) through (h) of subsection (1),
   22  paragraph (c) of subsection (2), and paragraphs (a), (b), and
   23  (d) of subsection (3) of section 11.045, Florida Statutes, are
   24  reordered and amended to read:
   25         11.045 Lobbying before the Legislature; registration and
   26  reporting; exemptions; penalties.—
   27         (1) As used in this section, unless the context otherwise
   28  requires:
   29         (h)(c) “Office Division” means the Division of Legislative
   30  Information Services within the Office of Legislative Services.
   31         (c)(d) “Expenditure” means a payment, distribution, loan,
   32  advance, reimbursement, deposit, or anything of value made by a
   33  lobbyist or principal for the purpose of lobbying. The term
   34  “expenditure” does not include contributions or expenditures
   35  reported pursuant to chapter 106 or federal election law,
   36  campaign-related personal services provided without compensation
   37  by individuals volunteering their time, any other contribution
   38  or expenditure made by or to a political party or affiliated
   39  party committee, or any other contribution or expenditure made
   40  by an organization that is exempt from taxation under 26 U.S.C.
   41  s. 527 or s. 501(c)(4).
   42         (d)(e) “Legislative action” means introduction,
   43  sponsorship, testimony, debate, voting, or any other official
   44  action on any measure, resolution, amendment, nomination,
   45  appointment, or report of, or any matter that which may be the
   46  subject of action by, either house of the Legislature or any
   47  committee thereof.
   48         (e)(f) “Lobbying” means influencing or attempting to
   49  influence legislative action or nonaction through oral or
   50  written communication or an attempt to obtain the goodwill of a
   51  member or employee of the Legislature.
   52         (f)(g) “Lobbying firm” means any business entity, including
   53  an individual contract lobbyist, which that receives or becomes
   54  entitled to receive any compensation for the purpose of
   55  lobbying, where any partner, owner, officer, or employee of the
   56  business entity is a lobbyist.
   57         (g)(h) “Lobbyist” means a person who is employed and
   58  receives payment, or who contracts for economic consideration,
   59  for the purpose of lobbying, or a person who is principally
   60  employed for governmental affairs by another person or
   61  governmental entity to lobby on behalf of that other person or
   62  governmental entity.
   63         (2) Each house of the Legislature shall provide by rule, or
   64  may provide by a joint rule adopted by both houses, for the
   65  registration of lobbyists who lobby the Legislature. The rule
   66  may provide for the payment of a registration fee. The rule may
   67  provide for exemptions from registration or registration fees.
   68  The rule shall provide that:
   69         (c) A registrant shall promptly send a written statement to
   70  the office division canceling the registration for a principal
   71  upon termination of the lobbyist’s representation of that
   72  principal. However Notwithstanding this requirement, the office
   73  division may remove the name of a registrant from the list of
   74  registered lobbyists if the principal notifies the office that a
   75  person is no longer authorized to represent that principal.
   76         (3) Each house of the Legislature shall provide by rule the
   77  following reporting requirements by rule:
   78         (a)1. Each lobbying firm shall file a compensation report
   79  with the office division for each calendar quarter during any
   80  portion of which one or more of the firm’s lobbyists were
   81  registered to represent a principal. The report must shall
   82  include the:
   83         a. Full name, business address, and telephone number of the
   84  lobbying firm;
   85         b. Name of each of the firm’s lobbyists; and
   86         c. Total compensation provided or owed to the lobbying firm
   87  from all principals for the reporting period, reported in one of
   88  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
   89  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
   90  $999,999; $1 million or more.
   91         2. For each principal represented by one or more of the
   92  firm’s lobbyists, the lobbying firm’s compensation report must
   93  shall also include the:
   94         a. Full name, business address, and telephone number of the
   95  principal; and
   96         b. Total compensation provided or owed to the lobbying firm
   97  for the reporting period, reported in one of the following
   98  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
   99  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  100  more. If the category “$50,000 or more” is selected, the
  101  specific dollar amount of compensation must be reported, rounded
  102  up or down to the nearest $1,000.
  103         3. If the lobbying firm subcontracts work from another
  104  lobbying firm and not from the original principal:
  105         a. The lobbying firm providing the work to be subcontracted
  106  shall be treated as the reporting lobbying firm’s principal for
  107  reporting purposes under this paragraph; and
  108         b. The reporting lobbying firm shall, for each lobbying
  109  firm identified under subparagraph 2., identify the name and
  110  address of the principal originating the lobbying work.
  111         4. The senior partner, officer, or owner of the lobbying
  112  firm shall certify to the veracity and completeness of the
  113  information submitted pursuant to this paragraph.
  114         (b) For each principal represented by more than one
  115  lobbying firm, the office division shall aggregate the
  116  reporting-period and calendar-year compensation reported as
  117  provided or owed by the principal.
  118         (d) Each house of the Legislature shall provide by rule, or
  119  both houses may provide by joint rule, a procedure by which a
  120  lobbying firm that fails to timely file a report shall be
  121  notified and assessed fines. The rule must shall provide for the
  122  following:
  123         1. Upon determining that the report is late, the person
  124  designated to review the timeliness of reports shall immediately
  125  notify the lobbying firm as to the failure to timely file the
  126  report and that a fine is being assessed for each late day. The
  127  fine shall be $50 per day per report for each late day, not to
  128  exceed $5,000 per report.
  129         2. Upon receipt of the report, the person designated to
  130  review the timeliness of reports shall determine the amount of
  131  the fine due based upon the earliest of the following:
  132         a. When a report is actually received by the lobbyist
  133  registration and reporting office.
  134         b. When the electronic receipt issued pursuant to s.
  135  11.0455 is dated.
  136         3. Such fine must shall be paid within 30 days after the
  137  notice of payment due is transmitted by the Lobbyist
  138  Registration Office, unless appeal is made to the office
  139  division. The moneys shall be deposited into the Legislative
  140  Lobbyist Registration Trust Fund.
  141         4. A fine may shall not be assessed against a lobbying firm
  142  the first time any reports for which the lobbying firm is
  143  responsible are not timely filed. However, to receive the one
  144  time fine waiver, all reports for which the lobbying firm is
  145  responsible must be filed within 30 days after notice that any
  146  reports have not been timely filed is transmitted by the
  147  Lobbyist Registration Office. A fine shall be assessed for any
  148  subsequent late-filed reports.
  149         5. Any lobbying firm may appeal or dispute a fine, based
  150  upon unusual circumstances surrounding the failure to file on
  151  the designated due date, and may request and is shall be
  152  entitled to a hearing before the General Counsel of the Office
  153  of Legislative Services, who shall recommend to the President of
  154  the Senate and the Speaker of the House of Representatives, or
  155  their respective designees, that the fine be waived in whole or
  156  in part for good cause shown. The President of the Senate and
  157  the Speaker of the House of Representatives, or their respective
  158  designees, may concur in the recommendation and waive the fine
  159  in whole or in part. Any such request must shall be made within
  160  30 days after the notice of payment due is transmitted by the
  161  Lobbyist Registration Office. In such case, the lobbying firm
  162  shall, within the 30-day period, notify the person designated to
  163  review the timeliness of reports in writing of his or her
  164  intention to request a hearing.
  165         6. A lobbying firm may request that the filing of a report
  166  be waived upon good cause shown, based on unusual circumstances.
  167  The request must be filed with the General Counsel of the Office
  168  of Legislative Services, who shall make a recommendation
  169  concerning the waiver request to the President of the Senate and
  170  the Speaker of the House of Representatives. The President of
  171  the Senate and the Speaker of the House of Representatives may
  172  grant or deny the request.
  173         7. All lobbyist registrations for lobbyists who are
  174  partners, owners, officers, or employees of a lobbying firm that
  175  fails to timely pay a fine are automatically suspended until the
  176  fine is paid or waived, and the office division shall promptly
  177  notify all affected principals of any suspension or
  178  reinstatement.
  179         8. The person designated to review the timeliness of
  180  reports shall notify the coordinator director of the office
  181  division of the failure of a lobbying firm to file a report
  182  after notice or of the failure of a lobbying firm to pay the
  183  fine imposed.
  184         Section 2. Subsections (2), (4), and (5), paragraph (a) of
  185  subsection (6), and subsection (7) of section 11.0455, Florida
  186  Statutes, are amended to read:
  187         11.0455 Electronic filing of compensation reports and other
  188  information.—
  189         (2) Each lobbying firm that is required to file reports
  190  with the Office Division of Legislative Information Services
  191  pursuant to s. 11.045 must file such reports with the office
  192  division by means of the office’s division’s electronic filing
  193  system.
  194         (4) Each report filed pursuant to this section is deemed
  195  considered to meet the certification requirements of s.
  196  11.045(3)(a)4., and as such subjects the person responsible for
  197  filing and the lobbying firm to the provisions of s. 11.045(7)
  198  and (8). Persons given a secure sign-on to the electronic filing
  199  system are responsible for protecting it from disclosure and are
  200  responsible for all filings using such credentials, unless they
  201  have notified the office division that their credentials have
  202  been compromised.
  203         (5) The electronic filing system developed by the office
  204  division must:
  205         (a) Be based on access by means of the Internet.
  206         (b) Be accessible by anyone with Internet access using
  207  standard web-browsing software.
  208         (c) Provide for direct entry of compensation report
  209  information as well as upload of such information from software
  210  authorized by the office division.
  211         (d) Provide a method that prevents unauthorized access to
  212  electronic filing system functions.
  213         (6) Each house of the Legislature shall provide by rule, or
  214  may provide by a joint rule adopted by both houses, procedures
  215  to implement and administer this section, including, but not
  216  limited to:
  217         (a) Alternate filing procedures in case the office’s
  218  division’s electronic filing system is not operable.
  219         (7) Each house of the Legislature shall provide by rule
  220  that the office division make all the data filed available on
  221  the Internet in an easily understood and accessible format. The
  222  Internet website must shall also include, but not be limited to,
  223  the names and business addresses of lobbyists, lobbying firms,
  224  and principals, the affiliations between lobbyists and
  225  principals, and the classification system designated and
  226  identified by each principal pursuant to s. 11.045(2).
  227         Section 3. Paragraph (d) of subsection (4) of section
  228  11.242, Florida Statutes, is amended to read:
  229         11.242 Powers, duties, and functions as to statutory
  230  revision.—The powers, duties, and functions of the Office of
  231  Legislative Services in the operation and maintenance of a
  232  statutory revision program shall be as follows:
  233         (4) The published edition of the Florida Statutes shall
  234  contain the following:
  235         (d) Such other matters, notes, data, and other material as
  236  may be deemed necessary or admissible by the Division of
  237  Statutory Revision of the Office of Legislative Services for
  238  reference, convenience, or interpretation.
  239         Section 4. Paragraph (b) of subsection (5) of section
  240  112.3148, Florida Statutes, is amended to read:
  241         112.3148 Reporting and prohibited receipt of gifts by
  242  individuals filing full or limited public disclosure of
  243  financial interests and by procurement employees.—
  244         (5)
  245         (b) However, a person who is regulated by this subsection,
  246  who is not regulated by subsection (6), and who makes, or
  247  directs another to make, an individual gift having a value in
  248  excess of $25, but not in excess of $100, other than a gift that
  249  which the donor knows will be accepted on behalf of a
  250  governmental entity or charitable organization, must file a
  251  report on the last day of each calendar quarter, for the
  252  previous calendar quarter in which a reportable gift is made.
  253  The report shall be filed with the Commission on Ethics, except
  254  with respect to gifts to reporting individuals of the
  255  legislative branch, in which case the report shall be filed with
  256  the Division of Legislative Information Services in the Office
  257  of Legislative Services. The report must contain a description
  258  of each gift, the monetary value thereof, the name and address
  259  of the person making such gift, the name and address of the
  260  recipient of the gift, and the date such gift is given. In
  261  addition, if when a gift is made which requires the filing of a
  262  report under this subsection, the donor must notify the intended
  263  recipient at the time the gift is made that the donor, or
  264  another on his or her behalf, will report the gift under this
  265  subsection. Under this paragraph, a gift need not be reported by
  266  more than one person or entity.
  267         Section 5. Subsection (5) of section 119.15, Florida
  268  Statutes, is amended to read:
  269         119.15 Legislative review of exemptions from public meeting
  270  and public records requirements.—
  271         (5)(a) By June 1 in the year before the repeal of an
  272  exemption under this section, the Division of Statutory Revision
  273  of the Office of Legislative Services shall certify to the
  274  President of the Senate and the Speaker of the House of
  275  Representatives the language and statutory citation of each
  276  exemption scheduled for repeal the following year.
  277         (b) An Any exemption that is not identified and certified
  278  to the President of the Senate and the Speaker of the House of
  279  Representatives is not subject to legislative review and repeal
  280  under this section. If the office division fails to certify an
  281  exemption that it subsequently determines should have been
  282  certified, it shall include the exemption in the following
  283  year’s certification after that determination.
  284         Section 6. This act shall take effect upon becoming a law.