| 1 | Representative(s) Johnson offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 11.045, Florida Statutes, is amended to |
| 6 | read: |
| 7 | 11.045 Lobbyists; registration and reporting; exemptions; |
| 8 | penalties.-- |
| 9 | (1) As used in this section, unless the context otherwise |
| 10 | requires: |
| 11 | (a) "Committee" means the committee of each house charged |
| 12 | by the presiding officer with responsibility for ethical conduct |
| 13 | of lobbyists. |
| 14 | (b) "Division" means the Division of Legislative |
| 15 | Information Services within the Office of Legislative Services. |
| 16 | (c) "Expenditure" means a payment, distribution, loan, |
| 17 | advance, reimbursement, deposit, or anything of value made by a |
| 18 | lobbyist or principal for the purpose of lobbying. |
| 19 | (d) "Legislative action" means introduction, sponsorship, |
| 20 | testimony, debate, voting, or any other official action on any |
| 21 | measure, resolution, amendment, nomination, appointment, or |
| 22 | report of, or any matter which may be the subject of action by, |
| 23 | either house of the Legislature or any committee thereof. |
| 24 | (e) "Lobbying" means influencing or attempting to |
| 25 | influence legislative action or nonaction through oral or |
| 26 | written communication or an attempt to obtain the goodwill of a |
| 27 | member or employee of the Legislature. Food and beverages paid |
| 28 | for or provided, directly or indirectly, by a lobbyist or |
| 29 | principal to, or for the benefit of, a member or employee of the |
| 30 | Legislature is deemed an attempt to obtain the goodwill of the |
| 31 | member or employee unless the lobbyist or principal is the |
| 32 | member's or employee's parent, spouse, child, or sibling. |
| 33 | (f) "Lobbyist" means a person who is employed and receives |
| 34 | payment, or who contracts for economic consideration, for the |
| 35 | purpose of lobbying, or a person who is principally employed for |
| 36 | governmental affairs by another person or governmental entity to |
| 37 | lobby on behalf of that other person or governmental entity. |
| 38 | (g) "Principal" means the person, firm, corporation, or |
| 39 | other entity which has employed or retained a lobbyist. |
| 40 | (2) Each house of the Legislature shall provide by rule, |
| 41 | or may provide by a joint rule adopted by both houses, for the |
| 42 | registration of lobbyists who lobby the Legislature. The rule |
| 43 | may provide for the payment of a registration fee. The rule may |
| 44 | provide for exemptions from registration or registration fees. |
| 45 | The rule shall provide that: |
| 46 | (a) Registration is required for each principal |
| 47 | represented. |
| 48 | (b) Registration shall include a statement signed by the |
| 49 | principal or principal's representative that the registrant is |
| 50 | authorized to represent the principal. |
| 51 | (c) A registrant shall promptly send a written statement |
| 52 | to the division canceling the registration for a principal upon |
| 53 | termination of the lobbyist's representation of that principal. |
| 54 | Notwithstanding this requirement, the division may remove the |
| 55 | name of a registrant from the list of registered lobbyists if |
| 56 | the principal notifies the office that a person is no longer |
| 57 | authorized to represent that principal. |
| 58 | (d) Every registrant shall be required to state the extent |
| 59 | of any direct business association or partnership with any |
| 60 | current member of the Legislature. |
| 61 | (e) Each lobbyist and each principal shall preserve for a |
| 62 | period of 4 years all accounts, bills, receipts, computer |
| 63 | records, books, papers, and other documents and records |
| 64 | necessary to substantiate lobbying expenditures. Any documents |
| 65 | and records retained pursuant to this section may be inspected |
| 66 | under reasonable circumstances by any authorized representative |
| 67 | of the Legislature. The right of inspection may be enforced by |
| 68 | appropriate writ issued by any court of competent jurisdiction. |
| 69 | (f) All registrations shall be open to the public. |
| 70 | (g) Any person who is exempt from registration under the |
| 71 | rule shall not be considered a lobbyist for any purpose. |
| 72 | (3) Each house of the Legislature shall provide by rule |
| 73 | the following reporting requirements: |
| 74 | (a) Statements, to shall be filed by each recipient of |
| 75 | lobbying expenditures weekly during legislative session and |
| 76 | quarterly during all other all registered lobbyists two times of |
| 77 | the per year, which must disclose all lobbying expenditures by |
| 78 | the lobbyist and the principal and the source of funds for such |
| 79 | expenditures. All expenditures made by the lobbyist and the |
| 80 | principal for the purpose of lobbying must be reported by the |
| 81 | recipients of such expenditures. Reporting of expenditures shall |
| 82 | be made on an accrual basis. The report of such expenditures |
| 83 | must identify whether the expenditure was made directly by the |
| 84 | lobbyist, directly by the principal, initiated or expended by |
| 85 | the lobbyist and paid for by the principal, or initiated or |
| 86 | expended by the principal and paid for by the lobbyist. The |
| 87 | recipient of lobbying expenditures principal is responsible for |
| 88 | the accuracy of the expenditures reported as lobbying |
| 89 | expenditures made by the principal. The lobbyist is responsible |
| 90 | for the accuracy of the expenditures reported as lobbying |
| 91 | expenditures made by the lobbyist. Each expenditure received and |
| 92 | the amount of the expenditure Expenditures made must be reported |
| 93 | by the category of the expenditure, including, but not limited |
| 94 | to, the categories of food and beverages, entertainment, |
| 95 | research, communication, media advertising, publications, |
| 96 | travel, and lodging. For each expenditure that is reported, the |
| 97 | report must also include the full name and address of each |
| 98 | person by whom the expenditure was made, the date of the |
| 99 | expenditure, and the name and title of the member or employee of |
| 100 | the Legislature for whom the expenditure was made. Lobbying |
| 101 | expenditures do not include a lobbyist's or principal's salary, |
| 102 | office expenses, and personal expenses for lodging, meals, and |
| 103 | travel. |
| 104 | (b) If a principal is represented by two or more |
| 105 | lobbyists, the first lobbyist who registers to represent that |
| 106 | principal shall be the designated lobbyist. The designated |
| 107 | lobbyist's expenditure report shall include all lobbying |
| 108 | expenditures made directly by the principal and those |
| 109 | expenditures of the designated lobbyist on behalf of that |
| 110 | principal as required by paragraph (a). All other lobbyists |
| 111 | registered to represent that principal shall file a report |
| 112 | pursuant to paragraph (a). The report of lobbying expenditures |
| 113 | by the principal shall be made pursuant to the requirements of |
| 114 | paragraph (a). The principal is responsible for the accuracy of |
| 115 | figures reported by the designated lobbyist as lobbying |
| 116 | expenditures made directly by the principal. The designated |
| 117 | lobbyist is responsible for the accuracy of the figures reported |
| 118 | as lobbying expenditures made by that lobbyist. Each recipient |
| 119 | of a lobbying expenditure lobbyist shall file an expenditure |
| 120 | report for each period during any portion of which he or she |
| 121 | received a lobbying expenditure was registered, and each |
| 122 | principal shall ensure that an expenditure report is filed for |
| 123 | each period during any portion of which the principal was |
| 124 | represented by a registered lobbyist. |
| 125 | (c) For each reporting period the division shall aggregate |
| 126 | the expenditures reported by all of the recipients of lobbying |
| 127 | expenditures made by lobbyists for a principal represented by |
| 128 | more than one lobbyist. Further, the division shall aggregate |
| 129 | figures that provide a cumulative total of expenditures reported |
| 130 | as spent by and on behalf of each principal for the calendar |
| 131 | year. |
| 132 | (d) The expenditure reporting statements shall be filed no |
| 133 | later than 45 days after the end of each the reporting period. |
| 134 | During legislative session, the weekly reporting periods begin |
| 135 | each Saturday or the first day of legislative session, and the |
| 136 | weekly reporting periods end each Friday or the last day of |
| 137 | legislative session. During all times when the Legislature is |
| 138 | not in session, the four quarterly reporting periods are The |
| 139 | first report shall include the expenditures for the period from |
| 140 | January 1 through March 31, April 1 through June 30, July 1 |
| 141 | through September 30, and October 1 through December 31, |
| 142 | respectively June 30. The second report shall disclose |
| 143 | expenditures for the period from July 1 through December 31. The |
| 144 | statements shall be rendered in the identical form provided by |
| 145 | the respective houses and shall be open to public inspection. |
| 146 | Reporting statements may be filed by electronic means, when |
| 147 | feasible. |
| 148 | (e) Reports shall be filed not later than 5 p.m. of the |
| 149 | report due date. However, any report that is postmarked by the |
| 150 | United States Postal Service no later than midnight of the due |
| 151 | date shall be deemed to have been filed in a timely manner, and |
| 152 | a certificate of mailing obtained from and dated by the United |
| 153 | States Postal Service at the time of the mailing, or a receipt |
| 154 | from an established courier company which bears a date on or |
| 155 | before the due date, shall be proof of mailing in a timely |
| 156 | manner. |
| 157 | (f) Each house of the Legislature shall provide by rule, |
| 158 | or both houses may provide by joint rule, a procedure by which a |
| 159 | recipient of a lobbying expenditure lobbyist who fails to timely |
| 160 | file a report shall be notified and assessed fines. The rule |
| 161 | shall provide for the following: |
| 162 | 1. Upon determining that the report is late, the person |
| 163 | designated to review the timeliness of reports shall immediately |
| 164 | notify the recipient of a lobbying expenditure lobbyist as to |
| 165 | the failure to timely file the report and that a fine is being |
| 166 | assessed for each late day. The fine shall be $50 per day per |
| 167 | report for each late day, not to exceed $5,000 per report. |
| 168 | 2. Upon receipt of the report, the person designated to |
| 169 | review the timeliness of reports shall determine the amount of |
| 170 | the fine due based upon the earliest of the following: |
| 171 | a. When a report is actually received by the lobbyist |
| 172 | registration and reporting office. |
| 173 | b. When the report is postmarked. |
| 174 | c. When the certificate of mailing is dated. |
| 175 | d. When the receipt from an established courier company is |
| 176 | dated. |
| 177 | 3. Such fine shall be paid within 30 days after the notice |
| 178 | of payment due is transmitted by the Lobbyist Registration |
| 179 | Office, unless appeal is made to the division. The moneys shall |
| 180 | be deposited into the Legislative Lobbyist Registration Trust |
| 181 | Fund. |
| 182 | 4. A fine shall not be assessed against a recipient of a |
| 183 | lobbying expenditure lobbyist the first time any reports for |
| 184 | which the recipient of a lobbying expenditure lobbyist is |
| 185 | responsible are not timely filed. However, to receive the one- |
| 186 | time fine waiver, all reports for which the recipient of a |
| 187 | lobbying expenditure lobbyist is responsible must be filed |
| 188 | within 30 days after notice that any reports have not been |
| 189 | timely filed is transmitted by the Lobbyist Registration Office. |
| 190 | A fine shall be assessed for any subsequent late-filed reports. |
| 191 | 5. Any recipient of a lobbying expenditure lobbyist may |
| 192 | appeal or dispute a fine, based upon unusual circumstances |
| 193 | surrounding the failure to file on the designated due date, and |
| 194 | may request and shall be entitled to a hearing before the |
| 195 | General Counsel of the Office of Legislative Services, who shall |
| 196 | recommend to the President of the Senate and the Speaker of the |
| 197 | House of Representatives, or their respective designees, that |
| 198 | the fine be waived in whole or in part for good cause shown. The |
| 199 | President of the Senate and the Speaker of the House of |
| 200 | Representatives, or their respective designees, may concur in |
| 201 | the recommendation and waive the fine in whole or in part. Any |
| 202 | such request shall be made within 30 days after the notice of |
| 203 | payment due is transmitted by the Lobbyist Registration Office. |
| 204 | In such case, the recipient of a lobbying expenditure lobbyist |
| 205 | shall, within the 30-day period, notify the person designated to |
| 206 | review the timeliness of reports in writing of his or her |
| 207 | intention to request a hearing. |
| 208 | 6. A recipient of a lobbying expenditure lobbyist, a |
| 209 | lobbyist's legal representative, or the principal of a lobbyist |
| 210 | may request that the filing of an expenditure report be waived |
| 211 | upon good cause shown, based on unusual circumstances. The |
| 212 | request must be filed with the General Counsel of the Office of |
| 213 | Legislative Services, who shall make a recommendation concerning |
| 214 | the waiver request to the President of the Senate and the |
| 215 | Speaker of the House of Representatives. The President of the |
| 216 | Senate and the Speaker of the House of Representatives may grant |
| 217 | or deny the request. |
| 218 | 7. The registration of a lobbyist who fails to timely pay |
| 219 | a fine is automatically suspended until the fine is paid or |
| 220 | waived. |
| 221 | 8.7. The person designated to review the timeliness of |
| 222 | reports shall notify the director of the division of the failure |
| 223 | of a recipient of a lobbying expenditure lobbyist to file a |
| 224 | report after notice or of the failure of a recipient of a |
| 225 | lobbying expenditure lobbyist to pay the fine imposed. |
| 226 | (4) Notwithstanding s. 112.3148, s. 112.3149, or any other |
| 227 | provision of law to the contrary, a recipient of lobbying |
| 228 | expenditures shall report received expenditures of any value. |
| 229 | (5)(4) Each house of the Legislature shall provide by rule |
| 230 | a procedure by which a person, when in doubt about the |
| 231 | applicability and interpretation of this section in a particular |
| 232 | context, may submit in writing the facts for an advisory opinion |
| 233 | to the committee of either house and may appear in person before |
| 234 | the committee. The rule shall provide a procedure by which: |
| 235 | (a) The committee shall render advisory opinions to any |
| 236 | person who seeks advice as to whether the facts in a particular |
| 237 | case would constitute a violation of this section. |
| 238 | (b) The committee shall make sufficient deletions to |
| 239 | prevent disclosing the identity of persons in the decisions or |
| 240 | opinions. |
| 241 | (c) All advisory opinions of the committee shall be |
| 242 | numbered, dated, and open to public inspection. |
| 243 | (6)(5) Each house of the Legislature shall provide by rule |
| 244 | for keeping keep all advisory opinions of the committees |
| 245 | relating to recipients of lobbying expenditures, lobbyists, and |
| 246 | lobbying activities., as well as The rule shall also provide |
| 247 | that each house keep a current list of registered lobbyists and |
| 248 | their respective reports required under this section, along with |
| 249 | reports required of recipients of lobbying expenditures under |
| 250 | this section, all of which shall be open for public inspection. |
| 251 | (7)(6) Each house of the Legislature shall provide by rule |
| 252 | that the committee of either house shall investigate any |
| 253 | recipient of a lobbying expenditure person engaged in |
| 254 | legislative lobbying upon receipt of a sworn complaint alleging |
| 255 | a violation of this section, s. 112.3148, or s. 112.3149 by such |
| 256 | person. Such proceedings shall be conducted pursuant to the |
| 257 | rules of the respective houses. If the committee finds that |
| 258 | there has been a violation of this section, s. 112.3148, or s. |
| 259 | 112.3149, it shall report its findings to the President of the |
| 260 | Senate or the Speaker of the House of Representatives, as |
| 261 | appropriate, together with a recommended penalty, to include a |
| 262 | fine of not more than $5,000, reprimand, censure, probation, or |
| 263 | prohibition from lobbying for a period of time not to exceed 24 |
| 264 | months. Upon the receipt of such report, the President of the |
| 265 | Senate or the Speaker of the House of Representatives shall |
| 266 | cause the committee report and recommendations to be brought |
| 267 | before the respective house and a final determination shall be |
| 268 | made by a majority of said house. |
| 269 | (8)(7) Any person required to be registered or to provide |
| 270 | information pursuant to this section or pursuant to rules |
| 271 | established in conformity with this section who knowingly fails |
| 272 | to disclose any material fact required by this section or by |
| 273 | rules established in conformity with this section, or who |
| 274 | knowingly provides false information on any report required by |
| 275 | this section or by rules established in conformity with this |
| 276 | section, commits a noncriminal infraction, punishable by a fine |
| 277 | not to exceed $5,000. Such penalty shall be in addition to any |
| 278 | other penalty assessed by a house of the Legislature pursuant to |
| 279 | subsection (7)(6). |
| 280 | (9)(8) There is hereby created the Legislative Lobbyist |
| 281 | Registration Trust Fund, to be used for the purpose of funding |
| 282 | any office established for the administration of the |
| 283 | registration of lobbyist lobbying the Legislature, including the |
| 284 | payment of salaries and other expenses, and for the purpose of |
| 285 | paying the expenses incurred by the Legislature in providing |
| 286 | services to lobbyists. The trust fund is not subject to the |
| 287 | service charge to general revenue provisions of chapter 215. |
| 288 | Fees collected pursuant to rules established in accordance with |
| 289 | subsection (2) shall be deposited into the Legislative Lobbyist |
| 290 | Registration Trust Fund. |
| 291 | Section 2. This act shall take effect January 1, 2006. |
| 292 |
|
| 293 | ======= T I T L E A M E N D M E N T ========== |
| 294 | Remove the entire title and insert: |
| 295 | A bill to be entitled |
| 296 | An act relating to lobbying; amending s. 11.045, F.S., |
| 297 | relating to the requirements that legislative lobbyists |
| 298 | register and report as required by legislative rule; |
| 299 | amending the definition for the term "lobbying"; revising |
| 300 | the requirement to file lobbying expenditure reports to |
| 301 | apply to recipients of the expenditures instead of |
| 302 | lobbyists; removing the aggregate reporting categories on |
| 303 | lobbying expenditure reporting forms; requiring lobbying |
| 304 | expenditure reporting forms to include the name and |
| 305 | address of each person by whom an expenditure was made, |
| 306 | date of the expenditure, and the name and title of the |
| 307 | legislator or employee for whom the expenditure was made; |
| 308 | revising the period for filing expenditure reporting |
| 309 | statements; requiring recipients of lobbying expenditures |
| 310 | to report received expenditures of any value; providing |
| 311 | for the Legislature to adopt rules to maintain and make |
| 312 | publicly available all advisory opinions and reports |
| 313 | relating to recipients of lobbying expenditures, to |
| 314 | conform; providing for the Legislature to adopt rules |
| 315 | authorizing legislative committees to investigate certain |
| 316 | persons and entities engaged in legislative lobbying; |
| 317 | providing an effective date. |