Amendment
Bill No. 0063B
Amendment No. 027871
CHAMBER ACTION
Senate House
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1Representative(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
6read:
7     11.045  Lobbyists; registration and reporting; exemptions;
8penalties.--
9     (1)  As used in this section, unless the context otherwise
10requires:
11     (a)  "Committee" means the committee of each house charged
12by the presiding officer with responsibility for ethical conduct
13of lobbyists.
14     (b)  "Division" means the Division of Legislative
15Information Services within the Office of Legislative Services.
16     (c)  "Expenditure" means a payment, distribution, loan,
17advance, reimbursement, deposit, or anything of value made by a
18lobbyist or principal for the purpose of lobbying.
19     (d)  "Legislative action" means introduction, sponsorship,
20testimony, debate, voting, or any other official action on any
21measure, resolution, amendment, nomination, appointment, or
22report of, or any matter which may be the subject of action by,
23either house of the Legislature or any committee thereof.
24     (e)  "Lobbying" means influencing or attempting to
25influence legislative action or nonaction through oral or
26written communication or an attempt to obtain the goodwill of a
27member or employee of the Legislature. Food and beverages paid
28for or provided, directly or indirectly, by a lobbyist or
29principal to, or for the benefit of, a member or employee of the
30Legislature is deemed an attempt to obtain the goodwill of the
31member or employee unless the lobbyist or principal is the
32member's or employee's parent, spouse, child, or sibling.
33     (f)  "Lobbyist" means a person who is employed and receives
34payment, or who contracts for economic consideration, for the
35purpose of lobbying, or a person who is principally employed for
36governmental affairs by another person or governmental entity to
37lobby on behalf of that other person or governmental entity.
38     (g)  "Principal" means the person, firm, corporation, or
39other entity which has employed or retained a lobbyist.
40     (2)  Each house of the Legislature shall provide by rule,
41or may provide by a joint rule adopted by both houses, for the
42registration of lobbyists who lobby the Legislature. The rule
43may provide for the payment of a registration fee. The rule may
44provide for exemptions from registration or registration fees.
45The rule shall provide that:
46     (a)  Registration is required for each principal
47represented.
48     (b)  Registration shall include a statement signed by the
49principal or principal's representative that the registrant is
50authorized to represent the principal.
51     (c)  A registrant shall promptly send a written statement
52to the division canceling the registration for a principal upon
53termination of the lobbyist's representation of that principal.
54Notwithstanding this requirement, the division may remove the
55name of a registrant from the list of registered lobbyists if
56the principal notifies the office that a person is no longer
57authorized to represent that principal.
58     (d)  Every registrant shall be required to state the extent
59of any direct business association or partnership with any
60current member of the Legislature.
61     (e)  Each lobbyist and each principal shall preserve for a
62period of 4 years all accounts, bills, receipts, computer
63records, books, papers, and other documents and records
64necessary to substantiate lobbying expenditures. Any documents
65and records retained pursuant to this section may be inspected
66under reasonable circumstances by any authorized representative
67of the Legislature. The right of inspection may be enforced by
68appropriate 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
71rule shall not be considered a lobbyist for any purpose.
72     (3)  Each house of the Legislature shall provide by rule
73the following reporting requirements:
74     (a)  Statements, to shall be filed by each recipient of
75lobbying expenditures weekly during legislative session and
76quarterly during all other all registered lobbyists two times of
77the per year, which must disclose all lobbying expenditures by
78the lobbyist and the principal and the source of funds for such
79expenditures. All expenditures made by the lobbyist and the
80principal for the purpose of lobbying must be reported by the
81recipients of such expenditures. Reporting of expenditures shall
82be made on an accrual basis. The report of such expenditures
83must identify whether the expenditure was made directly by the
84lobbyist, directly by the principal, initiated or expended by
85the lobbyist and paid for by the principal, or initiated or
86expended by the principal and paid for by the lobbyist. The
87recipient of lobbying expenditures principal is responsible for
88the accuracy of the expenditures reported as lobbying
89expenditures made by the principal. The lobbyist is responsible
90for the accuracy of the expenditures reported as lobbying
91expenditures made by the lobbyist. Each expenditure received and
92the amount of the expenditure Expenditures made must be reported
93by the category of the expenditure, including, but not limited
94to, the categories of food and beverages, entertainment,
95research, communication, media advertising, publications,
96travel, and lodging. For each expenditure that is reported, the
97report must also include the full name and address of each
98person by whom the expenditure was made, the date of the
99expenditure, and the name and title of the member or employee of
100the Legislature for whom the expenditure was made. Lobbying
101expenditures do not include a lobbyist's or principal's salary,
102office expenses, and personal expenses for lodging, meals, and
103travel.
104     (b)  If a principal is represented by two or more
105lobbyists, the first lobbyist who registers to represent that
106principal shall be the designated lobbyist. The designated
107lobbyist's expenditure report shall include all lobbying
108expenditures made directly by the principal and those
109expenditures of the designated lobbyist on behalf of that
110principal as required by paragraph (a). All other lobbyists
111registered to represent that principal shall file a report
112pursuant to paragraph (a). The report of lobbying expenditures
113by the principal shall be made pursuant to the requirements of
114paragraph (a). The principal is responsible for the accuracy of
115figures reported by the designated lobbyist as lobbying
116expenditures made directly by the principal. The designated
117lobbyist is responsible for the accuracy of the figures reported
118as lobbying expenditures made by that lobbyist. Each recipient
119of a lobbying expenditure lobbyist shall file an expenditure
120report for each period during any portion of which he or she
121received a lobbying expenditure was registered, and each
122principal shall ensure that an expenditure report is filed for
123each period during any portion of which the principal was
124represented by a registered lobbyist.
125     (c)  For each reporting period the division shall aggregate
126the expenditures reported by all of the recipients of lobbying
127expenditures made by lobbyists for a principal represented by
128more than one lobbyist. Further, the division shall aggregate
129figures that provide a cumulative total of expenditures reported
130as spent by and on behalf of each principal for the calendar
131year.
132     (d)  The expenditure reporting statements shall be filed no
133later than 45 days after the end of each the reporting period.
134During legislative session, the weekly reporting periods begin
135each Saturday or the first day of legislative session, and the
136weekly reporting periods end each Friday or the last day of
137legislative session. During all times when the Legislature is
138not in session, the four quarterly reporting periods are The
139first report shall include the expenditures for the period from
140January 1 through March 31, April 1 through June 30, July 1
141through September 30, and October 1 through December 31,
142respectively June 30. The second report shall disclose
143expenditures for the period from July 1 through December 31. The
144statements shall be rendered in the identical form provided by
145the respective houses and shall be open to public inspection.
146Reporting statements may be filed by electronic means, when
147feasible.
148     (e)  Reports shall be filed not later than 5 p.m. of the
149report due date. However, any report that is postmarked by the
150United States Postal Service no later than midnight of the due
151date shall be deemed to have been filed in a timely manner, and
152a certificate of mailing obtained from and dated by the United
153States Postal Service at the time of the mailing, or a receipt
154from an established courier company which bears a date on or
155before the due date, shall be proof of mailing in a timely
156manner.
157     (f)  Each house of the Legislature shall provide by rule,
158or both houses may provide by joint rule, a procedure by which a
159recipient of a lobbying expenditure lobbyist who fails to timely
160file a report shall be notified and assessed fines. The rule
161shall provide for the following:
162     1.  Upon determining that the report is late, the person
163designated to review the timeliness of reports shall immediately
164notify the recipient of a lobbying expenditure lobbyist as to
165the failure to timely file the report and that a fine is being
166assessed for each late day. The fine shall be $50 per day per
167report for each late day, not to exceed $5,000 per report.
168     2.  Upon receipt of the report, the person designated to
169review the timeliness of reports shall determine the amount of
170the fine due based upon the earliest of the following:
171     a.  When a report is actually received by the lobbyist
172registration 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
176dated.
177     3.  Such fine shall be paid within 30 days after the notice
178of payment due is transmitted by the Lobbyist Registration
179Office, unless appeal is made to the division. The moneys shall
180be deposited into the Legislative Lobbyist Registration Trust
181Fund.
182     4.  A fine shall not be assessed against a recipient of a
183lobbying expenditure lobbyist the first time any reports for
184which the recipient of a lobbying expenditure lobbyist is
185responsible are not timely filed. However, to receive the one-
186time fine waiver, all reports for which the recipient of a
187lobbying expenditure lobbyist is responsible must be filed
188within 30 days after notice that any reports have not been
189timely filed is transmitted by the Lobbyist Registration Office.
190A fine shall be assessed for any subsequent late-filed reports.
191     5.  Any recipient of a lobbying expenditure lobbyist may
192appeal or dispute a fine, based upon unusual circumstances
193surrounding the failure to file on the designated due date, and
194may request and shall be entitled to a hearing before the
195General Counsel of the Office of Legislative Services, who shall
196recommend to the President of the Senate and the Speaker of the
197House of Representatives, or their respective designees, that
198the fine be waived in whole or in part for good cause shown. The
199President of the Senate and the Speaker of the House of
200Representatives, or their respective designees, may concur in
201the recommendation and waive the fine in whole or in part. Any
202such request shall be made within 30 days after the notice of
203payment due is transmitted by the Lobbyist Registration Office.
204In such case, the recipient of a lobbying expenditure lobbyist
205shall, within the 30-day period, notify the person designated to
206review the timeliness of reports in writing of his or her
207intention to request a hearing.
208     6.  A recipient of a lobbying expenditure lobbyist, a
209lobbyist's legal representative, or the principal of a lobbyist
210may request that the filing of an expenditure report be waived
211upon good cause shown, based on unusual circumstances. The
212request must be filed with the General Counsel of the Office of
213Legislative Services, who shall make a recommendation concerning
214the waiver request to the President of the Senate and the
215Speaker of the House of Representatives. The President of the
216Senate and the Speaker of the House of Representatives may grant
217or deny the request.
218     7.  The registration of a lobbyist who fails to timely pay
219a fine is automatically suspended until the fine is paid or
220waived.
221     8.7.  The person designated to review the timeliness of
222reports shall notify the director of the division of the failure
223of a recipient of a lobbying expenditure lobbyist to file a
224report after notice or of the failure of a recipient of a
225lobbying expenditure lobbyist to pay the fine imposed.
226     (4)  Notwithstanding s. 112.3148, s. 112.3149, or any other
227provision of law to the contrary, a recipient of lobbying
228expenditures shall report received expenditures of any value.
229     (5)(4)  Each house of the Legislature shall provide by rule
230a procedure by which a person, when in doubt about the
231applicability and interpretation of this section in a particular
232context, may submit in writing the facts for an advisory opinion
233to the committee of either house and may appear in person before
234the committee. The rule shall provide a procedure by which:
235     (a)  The committee shall render advisory opinions to any
236person who seeks advice as to whether the facts in a particular
237case would constitute a violation of this section.
238     (b)  The committee shall make sufficient deletions to
239prevent disclosing the identity of persons in the decisions or
240opinions.
241     (c)  All advisory opinions of the committee shall be
242numbered, dated, and open to public inspection.
243     (6)(5)  Each house of the Legislature shall provide by rule
244for keeping keep all advisory opinions of the committees
245relating to recipients of lobbying expenditures, lobbyists, and
246lobbying activities., as well as The rule shall also provide
247that each house keep a current list of registered lobbyists and
248their respective reports required under this section, along with
249reports required of recipients of lobbying expenditures under
250this section, all of which shall be open for public inspection.
251     (7)(6)  Each house of the Legislature shall provide by rule
252that the committee of either house shall investigate any
253recipient of a lobbying expenditure person engaged in
254legislative lobbying upon receipt of a sworn complaint alleging
255a violation of this section, s. 112.3148, or s. 112.3149 by such
256person. Such proceedings shall be conducted pursuant to the
257rules of the respective houses. If the committee finds that
258there has been a violation of this section, s. 112.3148, or s.
259112.3149, it shall report its findings to the President of the
260Senate or the Speaker of the House of Representatives, as
261appropriate, together with a recommended penalty, to include a
262fine of not more than $5,000, reprimand, censure, probation, or
263prohibition from lobbying for a period of time not to exceed 24
264months. Upon the receipt of such report, the President of the
265Senate or the Speaker of the House of Representatives shall
266cause the committee report and recommendations to be brought
267before the respective house and a final determination shall be
268made by a majority of said house.
269     (8)(7)  Any person required to be registered or to provide
270information pursuant to this section or pursuant to rules
271established in conformity with this section who knowingly fails
272to disclose any material fact required by this section or by
273rules established in conformity with this section, or who
274knowingly provides false information on any report required by
275this section or by rules established in conformity with this
276section, commits a noncriminal infraction, punishable by a fine
277not to exceed $5,000. Such penalty shall be in addition to any
278other penalty assessed by a house of the Legislature pursuant to
279subsection (7)(6).
280     (9)(8)  There is hereby created the Legislative Lobbyist
281Registration Trust Fund, to be used for the purpose of funding
282any office established for the administration of the
283registration of lobbyist lobbying the Legislature, including the
284payment of salaries and other expenses, and for the purpose of
285paying the expenses incurred by the Legislature in providing
286services to lobbyists. The trust fund is not subject to the
287service charge to general revenue provisions of chapter 215.
288Fees collected pursuant to rules established in accordance with
289subsection (2) shall be deposited into the Legislative Lobbyist
290Registration 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
296An act relating to lobbying; amending s. 11.045, F.S.,
297relating to the requirements that legislative lobbyists
298register and report as required by legislative rule;
299amending the definition for the term "lobbying"; revising
300the requirement to file lobbying expenditure reports to
301apply to recipients of the expenditures instead of
302lobbyists; removing the aggregate reporting categories on
303lobbying expenditure reporting forms; requiring lobbying
304expenditure reporting forms to include the name and
305address of each person by whom an expenditure was made,
306date of the expenditure, and the name and title of the
307legislator or employee for whom the expenditure was made;
308revising the period for filing expenditure reporting
309statements; requiring recipients of lobbying expenditures
310to report received expenditures of any value; providing
311for the Legislature to adopt rules to maintain and make
312publicly available all advisory opinions and reports
313relating to recipients of lobbying expenditures, to
314conform; providing for the Legislature to adopt rules
315authorizing legislative committees to investigate certain
316persons and entities engaged in legislative lobbying;
317providing an effective date.


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