Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 846 Ì284468QÎ284468 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/18/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 383 - 591 4 and insert: 5 Section 8. Section 112.3261, Florida Statutes, is created 6 to read: 7 112.3261 Lobbying before expressway authorities, 8 independent special districts, port authorities; registration 9 and reporting.— 10 (1) As used in this section, the term: 11 (a) “Compensation” has the same meaning as in s. 112.3215. 12 (b) “Expenditure” has the same meaning as in s. 112.3215. 13 (c) “Expressway authority” has the same meaning as the term 14 “authority” in s. 348.0002. 15 (d) “Independent special district” means a water management 16 district, hospital district, children’s services district, or 17 any independent special district, as defined in s. 189.403, that 18 exercises ad valorem taxing authority. 19 (e) “Lobbies” means seeking, on behalf of another person, 20 to influence an expressway authority, independent special 21 district, or port authority with respect to a decision of the 22 authority or district in an area of policy or procurement or an 23 attempt to obtain the goodwill of an authority or district 24 official or employee. 25 (f) “Lobbying firm” has the same meaning as in s. 112.3215. 26 (g) “Lobbyist” has the same meaning as in s. 112.3215. 27 (h) “Port authority” has the same meaning as in s. 315.02. 28 (i) “Principal” has the same meaning as in s. 112.3215. 29 (2) A person may not lobby an expressway authority, 30 independent special district, or port authority until such 31 person has registered as a lobbyist with that authority or 32 district. Such registration shall be due upon initially being 33 retained to lobby and is renewable on a calendar-year basis 34 thereafter. Upon registration, the person shall provide a 35 statement signed by the principal or principal’s representative 36 stating that the registrant is authorized to represent the 37 principal. The principal shall also identify and designate its 38 main business on the statement authorizing that lobbyist 39 pursuant to a classification system approved by the authority or 40 district. The registration form shall require each lobbyist to 41 disclose, under oath, the following: 42 (a) The lobbyist’s name and business address. 43 (b) The name and business address of each principal 44 represented. 45 (c) The lobbyist’s area of interest. 46 (d) The existence of any direct or indirect business 47 association, partnership, or financial relationship with any 48 employee of an authority or district with which he or she 49 lobbies or intends to lobby. 50 (3) An expressway authority, independent special district, 51 or port authority shall make lobbyist registrations available to 52 the public. If an authority or district maintains a website, a 53 database of current registered lobbyists and principals must be 54 available on the authority’s or district’s website. 55 (4) A lobbyist shall promptly send a written statement to 56 the expressway authority, independent special district, or port 57 authority cancelling the registration for a principal upon 58 termination of the lobbyist’s representation of that principal. 59 An authority or district may remove the name of a lobbyist from 60 the list of registered lobbyists if the principal notifies the 61 authority or district that a person is no longer authorized to 62 represent that principal. 63 (5) An expressway authority, independent special district, 64 or port authority may establish an annual lobbyist registration 65 fee, not to exceed $40, for each principal represented. 66 (6)(a)1. Each lobbying firm shall file a compensation 67 report with the expressway authority, independent special 68 district, or port authority for each calendar quarter during any 69 portion of which one or more of the firm’s lobbyists were 70 registered to represent a principal. The compensation report 71 shall include the following: 72 a. Full name, business address, and telephone number of the 73 lobbying firm; 74 b. Name of each of the firm’s lobbyists; and 75 c. Total compensation provided or owed to the lobbying firm 76 from all principals for the reporting period, reported in one of 77 the following categories: $0; $1 to $49,999; $50,000 to $99,999; 78 $100,000 to $249,999; $250,000 to $499,999; $500,000 to 79 $999,999; $1 million or more. 80 2. For each principal represented by one or more of the 81 firm’s lobbyists, the lobbying firm’s compensation report shall 82 also include the following: 83 a. Full name, business address, and telephone number of the 84 principal; and 85 b. Total compensation provided or owed to the lobbying firm 86 for the reporting period, reported in one of the following 87 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to 88 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or 89 more. If the category “$50,000 or more” is selected, the 90 specific dollar amount of compensation must be reported, rounded 91 up or down to the nearest $1,000. 92 3. If a lobbying firm subcontracts work from another 93 lobbying firm and not from the original principal: 94 a. The lobbying firm providing the work to be subcontracted 95 shall be treated as the reporting lobbying firm’s principal for 96 reporting purposes under this paragraph; and 97 b. The reporting lobbying firm shall, for each lobbying 98 firm identified under subparagraph 2., identify the name and 99 address of the principal originating the lobbying work. 100 4. The senior partner, officer, or owner of the lobbying 101 firm shall certify to the veracity and completeness of the 102 information submitted pursuant to this paragraph. 103 (b) For each principal represented by more than one 104 lobbying firm, the authority or district shall aggregate the 105 quarterly reporting period and calendar-year compensation 106 reported as provided or owed by the principal. 107 (c) The reporting statements shall be filed no later than 108 45 days after the end of each reporting period. The four 109 reporting periods are from January 1 through March 31, April 1 110 through June 30, July 1 through September 30, and October 1 111 through December 31, respectively. Reporting statements may be 112 filed by electronic means established by the authority or 113 district. 114 (d) The authority or district shall establish procedures 115 with respect to notifying a lobbying firm that fails to timely 116 file a report and is assessed a fine, the grounds for waiving a 117 fine, and the appeal of an assessed fine. The procedures shall 118 address the following: 119 1. Upon determining that the report is late, the person 120 designated to review the timeliness of reports shall immediately 121 notify the lobbying firm of its failure to timely file the 122 report and that a fine is being assessed for each late day. The 123 fine shall be $50 per day per report for each late day, up to a 124 maximum fine of $5,000 per late report. 125 2. Upon receipt of the report, the person designated to 126 review the timeliness of reports shall determine the amount of 127 the fine due based upon the earliest of the following: 128 a. The date that a report is actually received by the 129 authority or district. 130 b. The date that an electronic receipt for the report is 131 issued. 132 3. Unless the fine is appealed, it shall be paid within 30 133 days after the notice of payment due is transmitted by the 134 authority or district. The authority or district may only use 135 the moneys collected to administer the provisions of this 136 section. 137 4. A fine may not be assessed against a lobbying firm the 138 first time any reports for which the lobbying firm is 139 responsible are not timely filed. However, to receive the one 140 time fine waiver, all reports for which the lobbying firm is 141 responsible must be filed within 30 days after the notice that 142 any reports have not been timely filed is transmitted by the 143 authority or district. A fine shall be assessed for any 144 subsequent late-filed reports. 145 5. A lobbying firm may appeal or dispute a fine, based upon 146 unusual circumstances surrounding the failure to file on the 147 designated due date, and may request, and is entitled to, a 148 hearing before the authority or district, which may waive the 149 fine in whole or in part for good cause shown. Any such request 150 shall be made within 30 days after the notice of payment due is 151 transmitted by the authority or district. In such case, the 152 lobbying firm shall, within the 30-day period, notify the person 153 designated to review the timeliness of reports in writing of his 154 or her intention to bring the matter before the authority or 155 district. 156 6. The person designated to review the timeliness of 157 reports shall notify the authority or district of the failure of 158 a lobbying firm to file a report after notice or the failure of 159 a lobbying firm to pay the fine imposed. All lobbyist 160 registrations for lobbyists who are partners, owners, officers, 161 or employees of a lobbying firm that fails to timely pay a fine 162 are automatically suspended until the fine is paid or waived, 163 and the authority or district shall promptly notify all affected 164 principals of each suspension and each reinstatement. 165 7. A fine imposed under this subsection which is not waived 166 by final order of the authority or district and which remains 167 unpaid more than 60 days after the notice of payment due or more 168 than 60 days after the authority or district renders a final 169 order on the lobbying firm’s appeal may be recorded as a 170 judgment in the appropriate circuit court. The authority or 171 district may take any actions necessary to enforce the judgment. 172 (7)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 173 other provision of law to the contrary, no lobbyist or principal 174 shall make, directly or indirectly, and no expressway authority, 175 independent special district, or port authority official, 176 member, or employee shall knowingly accept, directly or 177 indirectly, any expenditure. 178 (b) No person shall provide compensation for lobbying to an 179 individual or business entity that is not a lobbying firm. 180 (8) The commission has exclusive jurisdiction of complaints 181 alleging that a person covered by this section has failed to 182 register, has failed to submit a compensation report, has made 183 or received a prohibited expenditure, or has knowingly submitted 184 false information in any report or registration required under 185 this section. The complaint proceedings must be conducted 186 pursuant to s. 112.324. The commission shall investigate any 187 lobbying firm, lobbyist, principal, agency, officer, or employee 188 upon receipt of information from a sworn complaint or from a 189 random audit of lobbying reports indicating a possible violation 190 other than a late-filed report. 191 (9) Any person who is required to be registered or to 192 provide information under this section or under procedures 193 established pursuant to this section and who knowingly fails to 194 disclose any material fact that is required by this section or 195 procedures established pursuant to this section, or who 196 knowingly provides false information on any report required by 197 this section or by procedures established pursuant to this 198 section, commits a noncriminal infraction, punishable by a fine 199 not to exceed $5,000. Such penalty is in addition to any other 200 penalty assessed pursuant to subsection (8). 201 (10) If a person is uncertain about the applicability and 202 interpretation of this section, he or she may submit in writing 203 the facts of the situation to the commission with a request for 204 an advisory opinion to establish his or her standard of duty. An 205 advisory opinion shall be rendered by the commission and, until 206 amended or revoked, shall be binding on the conduct of the 207 person who sought the opinion, unless material facts were 208 omitted or misstated in the request. 209 (11) An expressway authority, independent special district, 210 or port authority shall be diligent to ascertain whether persons 211 required to register pursuant to this section have complied. An 212 authority or district may not knowingly authorize a person who 213 is not registered pursuant to this section to lobby the 214 authority or district. 215 (12) Upon discovery of a violation of this section, an 216 expressway authority, an independent special district, a port 217 authority, or any person may file a sworn complaint with the 218 commission. 219 (13) An expressway authority, independent special district, 220 and port authority shall establish policies and procedures to 221 administer this section, including the forms for registration 222 and compensation reports and procedures for registration. All 223 policies and procedures adopted by an authority or district 224 shall be posted on the authority’s or district’s website or be 225 made available by regular mail or e-mail upon request. 226 227 ================= T I T L E A M E N D M E N T ================ 228 And the title is amended as follows: 229 Delete lines 58 - 74 230 and insert: 231 from lobbying an expressway authority, independent 232 special district, or port authority until registering; 233 establishing registration requirements; requiring 234 public availability of lobbyist registrations; 235 establishing procedures for termination of a 236 lobbyist’s registration; authorizing an authority or 237 district to establish a registration fee; establishing 238 requirements for quarterly compensation reports; 239 requiring an authority or district to establish 240 procedures with respect to the receipt of reports; 241 prohibiting lobbying expenditures; prohibiting 242 compensation to a firm not registered to lobby; 243 providing for jurisdiction of complaints; providing a 244 penalty; authorizing a person to request an advisory 245 opinion from the commission; authorizing an authority, 246 district, or person to file a complaint; requiring an 247 authority or district to establish