Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 846
       
       
       
       
       
       
                                Ì927154,Î927154                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2014           .                                
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       the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 99
    4  insert:
    5         Section 1. Subsection (1) of section 11.045, Florida
    6  Statutes, is amended, present subsections (2) through (9) of
    7  that section are renumbered as subsections (3) through (10),
    8  respectively, a new subsection (2) is added to that section, and
    9  present subsections (8) and (9) of that section are amended, to
   10  read:
   11         11.045 Lobbying before the Legislature; registration and
   12  reporting; exemptions; penalties.—
   13         (1) As used in this section, unless the context otherwise
   14  requires:
   15         (a) “Committee” means the committee of each house charged
   16  by the presiding officer with responsibility for ethical conduct
   17  of lobbyists.
   18         (b) “Compensation” means a payment, distribution, loan,
   19  advance, reimbursement, deposit, salary, fee, retainer, or
   20  anything of value provided or owed to a lobbying firm, directly
   21  or indirectly, by a principal for any lobbying activity.
   22         (c) “Expenditure” means a payment, distribution, loan,
   23  advance, reimbursement, deposit, or anything of value made by a
   24  lobbyist or principal for the purpose of lobbying. The term does
   25  not include contributions or expenditures reported pursuant to
   26  chapter 106 or federal election law, campaign-related personal
   27  services provided without compensation by individuals
   28  volunteering their time, any other contribution or expenditure
   29  made by or to a political party or affiliated party committee,
   30  or any other contribution or expenditure made by an organization
   31  that is exempt from taxation under 26 U.S.C. s. 527 or s.
   32  501(c)(4).
   33         (d) “Legislative action” means introduction, sponsorship,
   34  testimony, debate, voting, or any other official action on any
   35  measure, resolution, amendment, nomination, appointment, or
   36  report of, or any matter that may be the subject of action by,
   37  either house of the Legislature or any committee thereof.
   38         (e) “Lobbying” means influencing or attempting to influence
   39  legislative action or nonaction through oral or written
   40  communication or an attempt to obtain the goodwill of a member
   41  or employee of the Legislature.
   42         (f) “Lobbying firm” means any business entity, including an
   43  individual contract lobbyist, which receives or becomes entitled
   44  to receive any compensation for the purpose of lobbying, where
   45  any partner, owner, officer, or employee of the business entity
   46  is a lobbyist.
   47         (g) “Lobbyist” means a person who is employed and receives
   48  payment, or who contracts for economic consideration, for the
   49  purpose of lobbying, or a person who is principally employed for
   50  governmental affairs by another person or governmental entity to
   51  lobby on behalf of that other person or governmental entity.
   52         (h) “Local officer” means a state attorney, public
   53  defender, sheriff, tax collector, property appraiser, supervisor
   54  of elections, clerk of the circuit court, county commissioner,
   55  district school board member, or superintendent of schools.
   56         (i)(h) “Office” means the Office of Legislative Services.
   57         (j)(i) “Principal” means the person, firm, corporation, or
   58  other entity which has employed or retained a lobbyist.
   59         (2) A local officer may not lobby or register to lobby the
   60  Legislature on behalf of a person or entity other than his or
   61  her political subdivision. This subsection does not prohibit a
   62  local officer from being employed by, or contracting with, a
   63  lobbying firm if he or she does not personally represent clients
   64  before the Legislature.
   65         (9)(8) Any person required to be registered or to provide
   66  information pursuant to this section or pursuant to rules
   67  established in conformity with this section who knowingly fails
   68  to disclose any material fact required by this section or by
   69  rules established in conformity with this section, or who
   70  knowingly provides false information on any report required by
   71  this section or by rules established in conformity with this
   72  section, commits a noncriminal infraction, punishable by a fine
   73  not to exceed $5,000. Such penalty shall be in addition to any
   74  other penalty assessed by a house of the Legislature pursuant to
   75  subsection (8) (7).
   76         (10)(9) There is hereby created the Legislative Lobbyist
   77  Registration Trust Fund, to be used for the purpose of funding
   78  any office established for the administration of the
   79  registration of lobbyists lobbying the Legislature, including
   80  the payment of salaries and other expenses, and for the purpose
   81  of paying the expenses incurred by the Legislature in providing
   82  services to lobbyists. The trust fund is not subject to the
   83  service charge to general revenue provisions of chapter 215.
   84  Fees collected pursuant to rules established in accordance with
   85  subsection (3) (2) shall be deposited into the Legislative
   86  Lobbyist Registration Trust Fund.
   87         Section 2. Subsection (1) of section 112.3215, Florida
   88  Statutes, is amended, present subsections (3) through (15) of
   89  that section are renumbered as subsections (4) through (16),
   90  respectively, a new subsection (3) is added to that section, and
   91  present subsection (11) of that section is amended, to read:
   92         112.3215 Lobbying before the executive branch or the
   93  Constitution Revision Commission; registration and reporting;
   94  investigation by commission.—
   95         (1) For the purposes of this section:
   96         (a) “Agency” means the Governor, the Governor and Cabinet,
   97  or any department, division, bureau, board, commission, or
   98  authority of the executive branch. In addition, “agency” shall
   99  mean the Constitution Revision Commission as provided by s. 2,
  100  Art. XI of the State Constitution.
  101         (b) “Agency official” or “employee” means any individual
  102  who is required by law to file full or limited public disclosure
  103  of his or her financial interests.
  104         (c) “Compensation” means a payment, distribution, loan,
  105  advance, reimbursement, deposit, salary, fee, retainer, or
  106  anything of value provided or owed to a lobbying firm, directly
  107  or indirectly, by a principal for any lobbying activity.
  108         (d) “Expenditure” means a payment, distribution, loan,
  109  advance, reimbursement, deposit, or anything of value made by a
  110  lobbyist or principal for the purpose of lobbying. The term
  111  “expenditure” does not include contributions or expenditures
  112  reported pursuant to chapter 106 or contributions or
  113  expenditures reported pursuant to federal election law,
  114  campaign-related personal services provided without compensation
  115  by individuals volunteering their time, any other contribution
  116  or expenditure made by or to a political party or an affiliated
  117  party committee, or any other contribution or expenditure made
  118  by an organization that is exempt from taxation under 26 U.S.C.
  119  s. 527 or s. 501(c)(4).
  120         (e) “Fund” means the Executive Branch Lobby Registration
  121  Trust Fund.
  122         (f) “Lobbies” means seeking, on behalf of another person,
  123  to influence an agency with respect to a decision of the agency
  124  in the area of policy or procurement or an attempt to obtain the
  125  goodwill of an agency official or employee. “Lobbies” also means
  126  influencing or attempting to influence, on behalf of another,
  127  the Constitution Revision Commission’s action or nonaction
  128  through oral or written communication or an attempt to obtain
  129  the goodwill of a member or employee of the Constitution
  130  Revision Commission.
  131         (g) “Lobbying firm” means a business entity, including an
  132  individual contract lobbyist, that receives or becomes entitled
  133  to receive any compensation for the purpose of lobbying, where
  134  any partner, owner, officer, or employee of the business entity
  135  is a lobbyist.
  136         (h) “Lobbyist” means a person who is employed and receives
  137  payment, or who contracts for economic consideration, for the
  138  purpose of lobbying, or a person who is principally employed for
  139  governmental affairs by another person or governmental entity to
  140  lobby on behalf of that other person or governmental entity.
  141  “Lobbyist” does not include a person who is:
  142         1. An attorney, or any person, who represents a client in a
  143  judicial proceeding or in a formal administrative proceeding
  144  conducted pursuant to chapter 120 or any other formal hearing
  145  before an agency, board, commission, or authority of this state.
  146         2. An employee of an agency or of a legislative or judicial
  147  branch entity acting in the normal course of his or her duties.
  148         3. A confidential informant who is providing, or wishes to
  149  provide, confidential information to be used for law enforcement
  150  purposes.
  151         4. A person who lobbies to procure a contract pursuant to
  152  chapter 287 which contract is less than the threshold for
  153  CATEGORY ONE as provided in s. 287.017.
  154         (i) “Local officer” means a state attorney, public
  155  defender, sheriff, tax collector, property appraiser, supervisor
  156  of elections, clerk of the circuit court, county commissioner,
  157  district school board member, or superintendent of schools.
  158         (j)(i) “Principal” means the person, firm, corporation, or
  159  other entity which has employed or retained a lobbyist.
  160         (3) A local officer may not lobby or register to lobby an
  161  agency on behalf of a person or entity other than his or her
  162  political subdivision. This subsection does not prohibit a local
  163  officer from being employed by, or contracting with, a lobbying
  164  firm if he or she does not personally represent clients before
  165  an agency.
  166         (12)(11) Any person who is required to be registered or to
  167  provide information under this section or under rules adopted
  168  pursuant to this section and who knowingly fails to disclose any
  169  material fact that is required by this section or by rules
  170  adopted pursuant to this section, or who knowingly provides
  171  false information on any report required by this section or by
  172  rules adopted pursuant to this section, commits a noncriminal
  173  infraction, punishable by a fine not to exceed $5,000. Such
  174  penalty is in addition to any other penalty assessed by the
  175  Governor and Cabinet pursuant to subsection (11) (10).
  176         Section 3. Subsections (3), (4), and (7) of section
  177  11.0455, Florida Statutes, are amended to read:
  178         11.0455 Electronic filing of compensation reports and other
  179  information.—
  180         (3) A report filed pursuant to this section must be
  181  completed and filed through the electronic filing system not
  182  later than 11:59 p.m. of the day designated in s. 11.045. A
  183  report not filed by 11:59 p.m. of the day designated is a late
  184  filed report and is subject to the penalties under s. 11.045(4)
  185  s. 11.045(3).
  186         (4) Each report filed pursuant to this section is deemed to
  187  meet the certification requirements of s. 11.045(4)(a)4. s.
  188  11.045(3)(a)4., and as such subjects the person responsible for
  189  filing and the lobbying firm to the provisions of s. 11.045(8)
  190  and (9) s. 11.045(7) and (8). Persons given a secure sign-on to
  191  the electronic filing system are responsible for protecting it
  192  from disclosure and are responsible for all filings using such
  193  credentials, unless they have notified the office that their
  194  credentials have been compromised.
  195         (7) Each house of the Legislature shall provide by rule
  196  that the office make all the data filed available on the
  197  Internet in an easily understood and accessible format. The
  198  Internet website must also include, but not be limited to, the
  199  names and business addresses of lobbyists, lobbying firms, and
  200  principals, the affiliations between lobbyists and principals,
  201  and the classification system designated and identified by each
  202  principal pursuant to s. 11.045(3) s. 11.045(2).
  203         Section 4. Subsections (3), (4), and (7) of section
  204  112.32155, Florida Statutes, are amended to read:
  205         112.32155 Electronic filing of compensation reports and
  206  other information.—
  207         (3) A report filed pursuant to this section must be
  208  completed and filed through the electronic filing system not
  209  later than 11:59 p.m. of the day designated in s. 112.3215. A
  210  report not filed by 11:59 p.m. of the day designated is a late
  211  filed report and is subject to the penalties under s.
  212  112.3215(6) s. 112.3215(5).
  213         (4) Each report filed pursuant to this section is
  214  considered to meet the certification requirements of s.
  215  112.3215(6)(a)4. s. 112.3215(5)(a)4. Persons given a secure
  216  sign-on to the electronic filing system are responsible for
  217  protecting it from disclosure and are responsible for all
  218  filings using such credentials, unless they have notified the
  219  commission that their credentials have been compromised.
  220         (7) The commission shall make all the data filed available
  221  on the Internet in an easily understood and accessible format.
  222  The Internet website 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. 112.3215(4) s.
  227  112.3215(3).
  228         Section 5. The amendments made by this act to ss. 11.045
  229  and 112.3215, Florida Statutes, do not apply to a local officer
  230  for the duration of his or her current term of office as of the
  231  effective date of this act. The amendments made by this act to
  232  ss. 11.045 and 112.3215, Florida Statutes, shall apply to a
  233  local officer beginning a new term of office or appointed to
  234  fill an unexpired term after the effective date of this act.
  235  
  236  ================= T I T L E  A M E N D M E N T ================
  237  And the title is amended as follows:
  238         Delete line 2
  239  and insert:
  240         An act relating to governmental ethics; amending ss.
  241         11.045 and 112.3215, F.S.; defining the term “local
  242         officer”; prohibiting a local officer from registering
  243         to lobby the Legislature or an agency on behalf of
  244         another person or entity other than his or her
  245         political subdivision; authorizing a local officer to
  246         be employed by or contracted with a lobbying firm
  247         under certain circumstances; amending ss. 11.0455 and
  248         112.32155, F.S.; conforming cross-references to
  249         changes made by the act; providing for applicability;
  250         amending s.