HB 63B

1	A bill to be entitled
2	An act relating to lobbying; amending ss. 11.045 and
3	112.3215, F.S., relating to registration and reporting
4	requirements for legislative lobbyists and lobbyists of
5	the executive branch and Constitution Revision Commission;
6	providing and amending definitions; requiring each
7	principal upon the registration of the principal's
8	designated lobbyist to identify the principal's main
9	business; requiring each lobbying firm and principal to
10	maintain certain records and documents for a specified
11	period; specifying judicial jurisdiction for enforcing the
12	right to subpoena certain documents and records for audit;
13	deleting the requirement for lobbyists to file expenditure
14	reports; requiring each lobbying firm to file quarterly
15	compensation reports; requiring each lobbying firm to
16	report certain compensation information in dollar
17	categories and specific dollar amounts; requiring certain
18	lobbying firms to report the name and address of the
19	principal originating lobbying work; providing for
20	certification of compensation reports; requiring the
21	Division of Legislative Information Services and the
22	Commission on Ethics to aggregate certain compensation
23	information; revising the periods for filing compensation
24	reporting statements; prescribing procedures for
25	determining late-filing fines for compensation reports;
26	prescribing fines and penalties for compensation-reporting
27	violations; providing exceptions; prohibiting lobbying
28	expenditures, except for certain floral arrangements and
29	celebratory items; prohibiting principals from providing
30	lobbying compensation to any individual or business entity
31	other than a lobbying firm; providing for the Legislature
32	to adopt rules to maintain and make publicly available all
33	advisory opinions and reports relating to lobbying firms,
34	to conform; providing for the Legislature to adopt rules
35	authorizing legislative committees to investigate certain
36	persons and entities engaged in legislative lobbying;
37	providing for the commission to investigate certain
38	lobbying firms for lobbying report violations; providing
39	procedures for disposing of lobbying report investigations
40	and proceedings; providing penalties; providing for public
41	access to certain records; authorizing the commission to
42	adopt administration rules and forms relating to
43	compensation reporting; requiring compensation reports to
44	be filed electronically; creating ss. 11.0455 and
45	112.32155, F.S.; defining the term "electronic filing
46	system"; providing requirements for lobbying firms filing
47	reports with the Division of Legislative Information
48	Services and the Commission on Ethics by means of the
49	division's and the commission's electronic filing systems;
50	providing that such reports are considered to be certified
51	as accurate and complete; providing requirements for the
52	electronic filing system; providing for the Legislature
53	and the commission to adopt rules to administer the
54	electronic filing system; requiring alternate filing
55	procedures; requiring the issuance of electronic receipts;
56	requiring that the division and the commission provide for
57	public access to certain data; amending s. 11.40, F.S.;
58	requiring that the Legislative Auditing Committee conduct
59	random audits of the compensation reports filed by
60	legislative branch and executive branch lobbying firms;
61	providing definitions; prescribing conditions for the
62	random selection; directing the committee to provide for a
63	system to select lobbying firms to be audited; requiring
64	the committee to create and maintain a list of approved
65	auditors; authorizing certain lobbying firms the ability
66	to select an auditor from an approved list; prohibiting an
67	auditor to audit lobbying firms under specified
68	circumstances; requiring a sworn certification from the
69	auditor and the lobbying firm being audited; providing for
70	certain auditors to be solely engaged and compensated by
71	the state; providing the required contents of the audit
72	report; providing for the determination of violations of
73	law to be made by Legislative rule; prescribing a standard
74	of cooperation by lobbying firms being audited; providing
75	guidelines for the committee to establish procedures for
76	the selection of independent contractors; requiring the
77	committee to adopt guidelines that govern random audits
78	and field investigations; requiring that legislative
79	lobbying audit reports be forwarded to the Legislature and
80	executive lobbying audit reports be sent to the Commission
81	on Ethics; specifying the initial reporting period that is
82	subject to the requirements of the act; providing
83	effective dates.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1.  Section 11.045, Florida Statutes, is amended to
88	read:
89	11.045  Lobbying before the Legislature Lobbyists;
90	registration and reporting; exemptions; penalties.--
91	(1)  As used in this section, unless the context otherwise
92	requires:
93	(a)  "Committee" means the committee of each house charged
94	by the presiding officer with responsibility for ethical conduct
95	of lobbyists.
96	(b)  "Compensation" means a payment, distribution, loan,
97	advance, reimbursement, deposit, salary, fee, retainer, or
98	anything of value provided or owed to a lobbying firm, directly
99	or indirectly, by a principal for any lobbying activity.
100	(c)(b)  "Division" means the Division of Legislative
101	Information Services within the Office of Legislative Services.
102	(d)(c)  "Expenditure" means a payment, distribution, loan,
103	advance, reimbursement, deposit, or anything of value made by a
104	lobbyist or principal for the purpose of lobbying. A
105	contribution made to a political party regulated under chapter
106	103 is not deemed an expenditure for purposes of this section.
107	(e)(d)  "Legislative action" means introduction,
108	sponsorship, testimony, debate, voting, or any other official
109	action on any measure, resolution, amendment, nomination,
110	appointment, or report of, or any matter which may be the
111	subject of action by, either house of the Legislature or any
112	committee thereof.
113	(f)(e)  "Lobbying" means influencing or attempting to
114	influence legislative action or nonaction through oral or
115	written communication or an attempt to obtain the goodwill of a
116	member or employee of the Legislature.
117	(g)  "Lobbying firm" means any business entity, including
118	an individual contract lobbyist, that receives or becomes
119	entitled to receive any compensation for the purpose of
120	lobbying, where any partner, owner, officer, or employee of the
121	business entity is a lobbyist.
122	(h)(f)  "Lobbyist" means a person who is employed and
123	receives payment, or who contracts for economic consideration,
124	for the purpose of lobbying, or a person who is principally
125	employed for governmental affairs by another person or
126	governmental entity to lobby on behalf of that other person or
127	governmental entity.
128	(i)(g)  "Principal" means the person, firm, corporation, or
129	other entity which has employed or retained a lobbyist.
130	(2)  Each house of the Legislature shall provide by rule,
131	or may provide by a joint rule adopted by both houses, for the
132	registration of lobbyists who lobby the Legislature. The rule
133	may provide for the payment of a registration fee. The rule may
134	provide for exemptions from registration or registration fees.
135	The rule shall provide that:
136	(a)  Registration is required for each principal
137	represented.
138	(b)  Registration shall include a statement signed by the
139	principal or principal's representative that the registrant is
140	authorized to represent the principal. The principal shall also
141	identify and designate its main business on the statement
142	authorizing that lobbyist pursuant to a classification system
143	approved by the Office of Legislative Services.
144	(c)  A registrant shall promptly send a written statement
145	to the division canceling the registration for a principal upon
146	termination of the lobbyist's representation of that principal.
147	Notwithstanding this requirement, the division may remove the
148	name of a registrant from the list of registered lobbyists if
149	the principal notifies the office that a person is no longer
150	authorized to represent that principal.
151	(d)  Every registrant shall be required to state the extent
152	of any direct business association or partnership with any
153	current member of the Legislature.
154	(e)  Each lobbying firm lobbyist and each principal shall
155	preserve for a period of 4 years all accounts, bills, receipts,
156	computer records, books, papers, and other documents and records
157	necessary to substantiate compensation lobbying expenditures.
158	Any documents and records retained pursuant to this section may
159	be subpoenaed for audit by legislative subpoena of either house
160	of the Legislature, and the subpoena inspected under reasonable
161	circumstances by any authorized representative of the
162	Legislature. The right of inspection may be enforced in circuit
163	court by appropriate writ issued by any court of competent
164	jurisdiction.
165	(f)  All registrations shall be open to the public.
166	(g)  Any person who is exempt from registration under the
167	rule shall not be considered a lobbyist for any purpose.
168	(3)  Each house of the Legislature shall provide by rule
169	the following reporting requirements:
170	(a)1.  Each lobbying firm shall file a compensation report
171	with the division for each calendar quarter during any portion
172	of which one or more of the firm's lobbyists were registered to
173	represent a principal. The report shall include the:
174	a.  Full name, business address, and telephone number of
175	the lobbying firm;
176	b.  Name of each of the firm's lobbyists; and
177	c.  Total compensation provided or owed to the lobbying
178	firm from all principals for the reporting period, reported in
179	one of the following categories: $0; $1 to $49,999; $50,000 to
180	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
181	$999,999; $1 million or more.
182	2.  For each principal represented by one or more of the
183	firm's lobbyists, the lobbying firm's compensation report shall
184	also include the:
185	a.  Full name, business address, and telephone number of
186	the principal; and
187	b.  Total compensation provided or owed to the lobbying
188	firm for the reporting period, reported in one of the following
189	categories: $0; $1 to $19,999; $20,000 to $39,999; $40,000 to
190	$59,999; and $60,000 or more. If the category "$60,000 or more"
191	is selected, the specific dollar amount of compensation must be
192	reported, rounded up or down to the nearest $1,000.
193	3.  If the lobbying firm subcontracts work from another
194	lobbying firm and not from the original principal:
195	a.  The lobbying firm providing the work to be
196	subcontracted shall be treated as the reporting lobbying firm's
197	principal for reporting purposes under this paragraph; and
198	b.  The reporting lobbying firm shall, for each lobbying
199	firm identified under subparagraph 2., identify the name and
200	address of the principal originating the lobbying work.
201	4.  The senior partner, officer, or owner of the lobbying
202	firm shall certify to the veracity and completeness of the
203	information submitted pursuant to this paragraph.
204	(b)  For each principal represented by more than one
205	lobbying firm, the division shall aggregate the reporting-period
206	and calendar-year compensation reported as provided or owed by
207	the principal.
208	(a)  Statements shall be filed by all registered lobbyists
209	two times per year, which must disclose all lobbying
210	expenditures by the lobbyist and the principal and the source of
211	funds for such expenditures. All expenditures made by the
212	lobbyist and the principal for the purpose of lobbying must be
213	reported. Reporting of expenditures shall be made on an accrual
214	basis. The report of such expenditures must identify whether the
215	expenditure was made directly by the lobbyist, directly by the
216	principal, initiated or expended by the lobbyist and paid for by
217	the principal, or initiated or expended by the principal and
218	paid for by the lobbyist. The principal is responsible for the
219	accuracy of the expenditures reported as lobbying expenditures
220	made by the principal. The lobbyist is responsible for the
221	accuracy of the expenditures reported as lobbying expenditures
222	made by the lobbyist. Expenditures made must be reported by the
223	category of the expenditure, including, but not limited to, the
224	categories of food and beverages, entertainment, research,
225	communication, media advertising, publications, travel, and
226	lodging. Lobbying expenditures do not include a lobbyist's or
227	principal's salary, office expenses, and personal expenses for
228	lodging, meals, and travel.
229	(b)  If a principal is represented by two or more
230	lobbyists, the first lobbyist who registers to represent that
231	principal shall be the designated lobbyist. The designated
232	lobbyist's expenditure report shall include all lobbying
233	expenditures made directly by the principal and those
234	expenditures of the designated lobbyist on behalf of that
235	principal as required by paragraph (a). All other lobbyists
236	registered to represent that principal shall file a report
237	pursuant to paragraph (a). The report of lobbying expenditures
238	by the principal shall be made pursuant to the requirements of
239	paragraph (a). The principal is responsible for the accuracy of
240	figures reported by the designated lobbyist as lobbying
241	expenditures made directly by the principal. The designated
242	lobbyist is responsible for the accuracy of the figures reported
243	as lobbying expenditures made by that lobbyist. Each lobbyist
244	shall file an expenditure report for each period during any
245	portion of which he or she was registered, and each principal
246	shall ensure that an expenditure report is filed for each period
247	during any portion of which the principal was represented by a
248	registered lobbyist.
249	(c)  For each reporting period the division shall aggregate
250	the expenditures reported by all of the lobbyists for a
251	principal represented by more than one lobbyist. Further, the
252	division shall aggregate figures that provide a cumulative total
253	of expenditures reported as spent by and on behalf of each
254	principal for the calendar year.
255	(c)(d)  The reporting statements shall be filed no later
256	than 45 days after the end of each the reporting period. The
257	four reporting periods are The first report shall include the
258	expenditures for the period from January 1 through March 31,
259	April 1 through June 30, July 1 through September 30, and
260	October 1 through December 31, respectively June 30. The second
261	report shall disclose expenditures for the period from July 1
262	through December 31. The statements shall be rendered in the
263	identical form provided by the respective houses and shall be
264	open to public inspection. Reporting statements may be filed by
265	electronic means, when feasible.
266	(d)(e)  Reports shall be filed not later than 5 p.m. of the
267	report due date. However, any report that is postmarked by the
268	United States Postal Service no later than midnight of the due
269	date shall be deemed to have been filed in a timely manner, and
270	a certificate of mailing obtained from and dated by the United
271	States Postal Service at the time of the mailing, or a receipt
272	from an established courier company which bears a date on or
273	before the due date, shall be proof of mailing in a timely
274	manner.
275	(e)(f)  Each house of the Legislature shall provide by
276	rule, or both houses may provide by joint rule, a procedure by
277	which a lobbying firm that lobbyist who fails to timely file a
278	report shall be notified and assessed fines. The rule shall
279	provide for the following:
280	1.  Upon determining that the report is late, the person
281	designated to review the timeliness of reports shall immediately
282	notify the lobbying firm lobbyist as to the failure to timely
283	file the report and that a fine is being assessed for each late
284	day. The fine shall be $50 per day per report for each late day,
285	not to exceed $5,000 per report.
286	2.  Upon receipt of the report, the person designated to
287	review the timeliness of reports shall determine the amount of
288	the fine due based upon the earliest of the following:
289	a.  When a report is actually received by the lobbyist
290	registration and reporting office.
291	b.  When the report is postmarked.
292	c.  When the certificate of mailing is dated.
293	d.  When the receipt from an established courier company is
294	dated.
295	3.  Such fine shall be paid within 30 days after the notice
296	of payment due is transmitted by the Lobbyist Registration
297	Office, unless appeal is made to the division. The moneys shall
298	be deposited into the Legislative Lobbyist Registration Trust
299	Fund.
300	4.  A fine shall not be assessed against a lobbying firm
301	lobbyist the first time any reports for which the lobbying firm
302	lobbyist is responsible are not timely filed. However, to
303	receive the one-time fine waiver, all reports for which the
304	lobbying firm lobbyist is responsible must be filed within 30
305	days after notice that any reports have not been timely filed is
306	transmitted by the Lobbyist Registration Office. A fine shall be
307	assessed for any subsequent late-filed reports.
308	5.  Any lobbying firm lobbyist may appeal or dispute a
309	fine, based upon unusual circumstances surrounding the failure
310	to file on the designated due date, and may request and shall be
311	entitled to a hearing before the General Counsel of the Office
312	of Legislative Services, who shall recommend to the President of
313	the Senate and the Speaker of the House of Representatives, or
314	their respective designees, that the fine be waived in whole or
315	in part for good cause shown. The President of the Senate and
316	the Speaker of the House of Representatives, or their respective
317	designees, may concur in the recommendation and waive the fine
318	in whole or in part. Any such request shall be made within 30
319	days after the notice of payment due is transmitted by the
320	Lobbyist Registration Office. In such case, the lobbying firm
321	lobbyist shall, within the 30-day period, notify the person
322	designated to review the timeliness of reports in writing of his
323	or her intention to request a hearing.
324	6.  A lobbying firm lobbyist, a lobbyist's legal
325	representative, or the principal of a lobbyist may request that
326	the filing of a an expenditure report be waived upon good cause
327	shown, based on unusual circumstances. The request must be filed
328	with the General Counsel of the Office of Legislative Services,
329	who shall make a recommendation concerning the waiver request to
330	the President of the Senate and the Speaker of the House of
331	Representatives. The President of the Senate and the Speaker of
332	the House of Representatives may grant or deny the request.
333	7.  All lobbyist registrations for lobbyists who are
334	partners, owners, officers, or employees of a lobbying firm that
335	fails to timely pay a fine are automatically suspended until the
336	fine is paid or waived, and the division shall promptly notify
337	all affected principals of any suspension or reinstatement. The
338	registration of a lobbyist who fails to timely pay a fine is
339	automatically suspended until the fine is paid or waived.
340	8.7.  The person designated to review the timeliness of
341	reports shall notify the director of the division of the failure
342	of a lobbying firm lobbyist to file a report after notice or of
343	the failure of a lobbying firm lobbyist to pay the fine imposed.
344	(4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
345	other provision of law to the contrary, no lobbyist or principal
346	shall make, directly or indirectly, and no member or employee of
347	the Legislature shall knowingly accept, directly or indirectly,
348	any lobbying expenditure, except floral arrangements or other
349	celebratory items given to legislators and displayed in chambers
350	the opening day of a regular session.
351	(b)  No person shall provide compensation for lobbying to
352	any individual or business entity that is not a lobbying firm.
353	(5)(4)  Each house of the Legislature shall provide by rule
354	a procedure by which a person, when in doubt about the
355	applicability and interpretation of this section in a particular
356	context, may submit in writing the facts for an advisory opinion
357	to the committee of either house and may appear in person before
358	the committee. The rule shall provide a procedure by which:
359	(a)  The committee shall render advisory opinions to any
360	person who seeks advice as to whether the facts in a particular
361	case would constitute a violation of this section.
362	(b)  The committee shall make sufficient deletions to
363	prevent disclosing the identity of persons in the decisions or
364	opinions.
365	(c)  All advisory opinions of the committee shall be
366	numbered, dated, and open to public inspection.
367	(6)(5)  Each house of the Legislature shall provide by rule
368	for keeping keep all advisory opinions of the committees
369	relating to lobbying firms, lobbyists, and lobbying activities.,
370	as well as The rule shall also provide that each house keep a
371	current list of registered lobbyists along with and their
372	respective reports required of lobbying firms under this
373	section, all of which shall be open for public inspection.
374	(7)(6)  Each house of the Legislature shall provide by rule
375	that a the committee of either house shall investigate any
376	person engaged in legislative lobbying upon receipt of a sworn
377	complaint alleging a violation of this section, s. 112.3148, or
378	s. 112.3149 by such person; also, the rule shall provide that a
379	committee of either house investigate any lobbying firm upon
380	receipt of audit information indicating a possible violation
381	other than a late-filed report. Such proceedings shall be
382	conducted pursuant to the rules of the respective houses. If the
383	committee finds that there has been a violation of this section,
384	s. 112.3148, or s. 112.3149, it shall report its findings to the
385	President of the Senate or the Speaker of the House of
386	Representatives, as appropriate, together with a recommended
387	penalty, to include a fine of not more than $5,000, reprimand,
388	censure, probation, or prohibition from lobbying for a period of
389	time not to exceed 24 months. Upon the receipt of such report,
390	the President of the Senate or the Speaker of the House of
391	Representatives shall cause the committee report and
392	recommendations to be brought before the respective house and a
393	final determination shall be made by a majority of said house.
394	(8)(7)  Any person required to be registered or to provide
395	information pursuant to this section or pursuant to rules
396	established in conformity with this section who knowingly fails
397	to disclose any material fact required by this section or by
398	rules established in conformity with this section, or who
399	knowingly provides false information on any report required by
400	this section or by rules established in conformity with this
401	section, commits a noncriminal infraction, punishable by a fine
402	not to exceed $5,000. Such penalty shall be in addition to any
403	other penalty assessed by a house of the Legislature pursuant to
404	subsection (7)(6).
405	(9)(8)  There is hereby created the Legislative Lobbyist
406	Registration Trust Fund, to be used for the purpose of funding
407	any office established for the administration of the
408	registration of lobbyist lobbying the Legislature, including the
409	payment of salaries and other expenses, and for the purpose of
410	paying the expenses incurred by the Legislature in providing
411	services to lobbyists. The trust fund is not subject to the
412	service charge to general revenue provisions of chapter 215.
413	Fees collected pursuant to rules established in accordance with
414	subsection (2) shall be deposited into the Legislative Lobbyist
415	Registration Trust Fund.
416	Section 2.  Effective April 1, 2006, subsection (3) of
417	section 11.045, Florida Statutes, as amended by this act, is
418	amended to read:
419	11.045  Lobbying before the Legislature; registration and
420	reporting; exemptions; penalties.--
421	(3)  Each house of the Legislature shall provide by rule
422	the following reporting requirements:
423	(a)1.  Each lobbying firm shall file a compensation report
424	with the division for each calendar quarter during any portion
425	of which one or more of the firm's lobbyists were registered to
426	represent a principal. The report shall include the:
427	a.  Full name, business address, and telephone number of
428	the lobbying firm;
429	b.  Name of each of the firm's lobbyists; and
430	c.  Total compensation provided or owed to the lobbying
431	firm from all principals for the reporting period, reported in
432	one of the following categories: $0; $1 to $49,999; $50,000 to
433	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
434	$999,999; $1 million or more.
435	2.  For each principal represented by one or more of the
436	firm's lobbyists, the lobbying firm's compensation report shall
437	also include the:
438	a.  Full name, business address, and telephone number of
439	the principal; and
440	b.  Total compensation provided or owed to the lobbying
441	firm for the reporting period, reported in one of the following
442	categories: $0; $1 to $19,999; $20,000 to $39,999; $40,000 to
443	$59,999; and $60,000 or more. If the category "$60,000 or more"
444	is selected, the specific dollar amount of compensation must be
445	reported, rounded up or down to the nearest $1,000.
446	3.  If the lobbying firm subcontracts work from another
447	lobbying firm and not from the original principal:
448	a.  The lobbying firm providing the work to be
449	subcontracted shall be treated as the reporting lobbying firm's
450	principal for reporting purposes under this paragraph; and
451	b.  The reporting lobbying firm shall, for each lobbying
452	firm identified under subparagraph 2., identify the name and
453	address of the principal originating the lobbying work.
454	4.  The senior partner, officer, or owner of the lobbying
455	firm shall certify to the veracity and completeness of the
456	information submitted pursuant to this paragraph.
457	(b)  For each principal represented by more than one
458	lobbying firm, the division shall aggregate the reporting-period
459	and calendar-year compensation reported as provided or owed by
460	the principal.
461	(c)  The reporting statements shall be filed no later than
462	45 days after the end of each reporting period. The four
463	reporting periods are from January 1 through March 31, April 1
464	through June 30, July 1 through September 30, and October 1
465	through December 31, respectively. The statements shall be
466	rendered in the identical form provided by the respective houses
467	and shall be open to public inspection. Reporting statements
468	must may be filed by electronic means as provided in s. 11.0455,
469	when feasible.
470	(d)  Reports shall be filed not later than 5 p.m. of the
471	report due date. However, any report that is postmarked by the
472	United States Postal Service no later than midnight of the due
473	date shall be deemed to have been filed in a timely manner, and
474	a certificate of mailing obtained from and dated by the United
475	States Postal Service at the time of the mailing, or a receipt
476	from an established courier company which bears a date on or
477	before the due date, shall be proof of mailing in a timely
478	manner.
479	(d)(e)  Each house of the Legislature shall provide by
480	rule, or both houses may provide by joint rule, a procedure by
481	which a lobbying firm that fails to timely file a report shall
482	be notified and assessed fines. The rule shall provide for the
483	following:
484	1.  Upon determining that the report is late, the person
485	designated to review the timeliness of reports shall immediately
486	notify the lobbying firm as to the failure to timely file the
487	report and that a fine is being assessed for each late day. The
488	fine shall be $50 per day per report for each late day, not to
489	exceed $5,000 per report.
490	2.  Upon receipt of the report, the person designated to
491	review the timeliness of reports shall determine the amount of
492	the fine due based upon the earliest of the following:
493	a.  When a report is actually received by the lobbyist
494	registration and reporting office.
495	b.  When the electronic receipt issued pursuant to s.
496	11.0455 is dated. When the report is postmarked.
497	c.  When the certificate of mailing is dated.
498	d.  When the receipt from an established courier company is
499	dated.
500	3.  Such fine shall be paid within 30 days after the notice
501	of payment due is transmitted by the Lobbyist Registration
502	Office, unless appeal is made to the division. The moneys shall
503	be deposited into the Legislative Lobbyist Registration Trust
504	Fund.
505	4.  A fine shall not be assessed against a lobbying firm
506	the first time any reports for which the lobbying firm is
507	responsible are not timely filed. However, to receive the one-
508	time fine waiver, all reports for which the lobbying firm is
509	responsible must be filed within 30 days after notice that any
510	reports have not been timely filed is transmitted by the
511	Lobbyist Registration Office. A fine shall be assessed for any
512	subsequent late-filed reports.
513	5.  Any lobbying firm may appeal or dispute a fine, based
514	upon unusual circumstances surrounding the failure to file on
515	the designated due date, and may request and shall be entitled
516	to a hearing before the General Counsel of the Office of
517	Legislative Services, who shall recommend to the President of
518	the Senate and the Speaker of the House of Representatives, or
519	their respective designees, that the fine be waived in whole or
520	in part for good cause shown. The President of the Senate and
521	the Speaker of the House of Representatives, or their respective
522	designees, may concur in the recommendation and waive the fine
523	in whole or in part. Any such request shall be made within 30
524	days after the notice of payment due is transmitted by the
525	Lobbyist Registration Office. In such case, the lobbying firm
526	shall, within the 30-day period, notify the person designated to
527	review the timeliness of reports in writing of his or her
528	intention to request a hearing.
529	6.  A lobbying firm may request that the filing of a report
530	be waived upon good cause shown, based on unusual circumstances.
531	The request must be filed with the General Counsel of the Office
532	of Legislative Services, who shall make a recommendation
533	concerning the waiver request to the President of the Senate and
534	the Speaker of the House of Representatives. The President of
535	the Senate and the Speaker of the House of Representatives may
536	grant or deny the request.
537	7.  All lobbyist registrations for lobbyists who are
538	partners, owners, officers, or employees of a lobbying firm that
539	fails to timely pay a fine are automatically suspended until the
540	fine is paid or waived, and the division shall promptly notify
541	all affected principals of any suspension or reinstatement.
542	8.  The person designated to review the timeliness of
543	reports shall notify the director of the division of the failure
544	of a lobbying firm to file a report after notice or of the
545	failure of a lobbying firm to pay the fine imposed.
546	Section 3.  Effective April 1, 2006, section 11.0455,
547	Florida Statutes, is created to read:
548	11.0455  Electronic filing of compensation reports and
549	other information.--
550	(1)  As used in this section, the term "electronic filing
551	system" means an Internet system for recording and reporting
552	lobbying compensation and other required information by
553	reporting period.
554	(2)  Each lobbying firm that is required to file reports
555	with the Division of Legislative Information Services pursuant
556	to s. 11.045 must file such reports with the division by means
557	of the division's electronic filing system.
558	(3)  A report filed pursuant to this section must be
559	completed and filed through the electronic filing system not
560	later than 11:59 p.m. of the day designated in s. 11.045. A
561	report not filed by 11:59 p.m. of the day designated is a late-
562	filed report and is subject to the penalties under s. 11.045(3).
563	(4)  Each report filed pursuant to this section is
564	considered to be certified as accurate and complete by the
565	lobbying firm, and such firm is subject to the provisions of ss.
566	11.045(7) and (8). Persons given a secure sign-on to the
567	electronic filing system are responsible for protecting it from
568	disclosure and are responsible for all filings using such
569	credentials, unless they have notified the division that their
570	credentials have been compromised.
571	(5)  The electronic filing system developed by the division
572	must:
573	(a)  Be based on access by means of the Internet.
574	(b)  Be accessible by anyone with Internet access using
575	standard web-browsing software.
576	(c)  Provide for direct entry of compensation-report
577	information as well as upload of such information from software
578	authorized by the division.
579	(d)  Provide a method that prevents unauthorized access to
580	electronic filing system functions.
581	(6)  Each house of the Legislature shall provide by rule,
582	or may provide by a joint rule adopted by both houses,
583	procedures to implement and administer this section, including,
584	but not limited to:
585	(a)  Alternate filing procedures in case the division's
586	electronic filing system is not operable.
587	(b)  The issuance of an electronic receipt to the person
588	submitting the report indicating and verifying the date and time
589	that the report was filed.
590	(7)  Each house of the Legislature shall provide by rule
591	that the division make all the data filed available on the
592	Internet in an easily understood and accessible format. The
593	Internet website shall also include, but not be limited to, the
594	names and business addresses of lobbyists, lobbying firms, and
595	principals, the affiliations between lobbyists and principals,
596	and the classification system designated and identified by each
597	principal pursuant to s. 11.045(2).
598	Section 4.  Effective January 1, 2007, subsection (6) is
599	added to section 11.40, Florida Statutes, to read:
600	11.40  Legislative Auditing Committee.--
601	(6)(a)  As used in this subsection, "independent contract
602	auditor" means a state-licensed certified public accountant or
603	firm with which a state-licensed certified public accountant is
604	currently employed or associated who is actively engaged in the
605	accounting profession.
606	(b)  Audits specified in this subsection cover the
607	quarterly compensation reports for the previous calendar year
608	for a random sample of 3 percent of all legislative branch
609	lobbying firms and a random sample of 3 percent of all executive
610	branch lobbying firms calculated using as the total number of
611	such lobbying firms those that were registered as of April 1 of
612	the preceding calendar year. The committee shall provide for a
613	system of random selection of the lobbying firms to be audited.
614	(c)  The committee shall create and maintain a list of not
615	less than 10 independent contract auditors approved to conduct
616	the required audits. Each lobbying firm selected for audit in
617	the random audit process may designate one of the independent
618	contract auditors from the committee's approved list. Upon
619	failure for any reason of a lobbying firm selected in the random
620	selection process to designate an independent contract auditor
621	from the committee's list within 30 calendar days after being
622	notified by the committee of its selection, the committee shall
623	assign one of the available independent contract auditors from
624	the approved list to perform the required audit. No independent
625	contract auditor, whether designated by the lobbying firm or by
626	the committee, may perform the audit of a lobbying firm where
627	the auditor and lobbying firm have ever had a direct personal
628	relationship or any professional accounting, auditing, tax
629	advisory, or tax preparing relationship with each other. The
630	committee shall obtain a written, sworn certification subject to
631	s. 837.06, both from the randomly selected lobbying firm and
632	from the proposed independent contract auditor, that no such
633	relationship has ever existed.
634	(d)  Each independent contract auditor shall be engaged by
635	and compensated solely by the state for the work performed in
636	accomplishing an audit under this subsection.
637	(e)  Any violations of law, deficiencies, or material
638	misstatements discovered and noted in an audit report shall be
639	clearly identified in the audit report and be determined under
640	the rules of either house of the Legislature or under the joint
641	rules, as applicable.
642	(f)  If any lobbying firm fails to give full, frank, and
643	prompt cooperation and access to books, records, and associated
644	backup documents as requested in writing by the auditor, that
645	failure shall be clearly noted by the independent contract
646	auditor in the report of audit.
647	(g)  The committee shall establish procedures for the
648	selection of independent contract auditors desiring to enter
649	into audit contracts pursuant to this subsection. Such
650	procedures shall include, but not be limited to, a rating system
651	that takes into account pertinent information, including the
652	independent contract auditor's fee proposals for participating
653	in the process. All contracts under this subsection between an
654	independent contract auditor and the Speaker of the House of
655	Representatives and the President of the Senate shall be
656	terminable by either party at any time upon written notice to
657	the other, and such contracts may contain such other terms and
658	conditions as the Speaker of the House of Representatives and
659	the President of the Senate deem appropriate under the
660	circumstances.
661	(h)  The committee shall adopt guidelines that govern
662	random audits and field investigations conducted pursuant to
663	this subsection. The guidelines shall ensure that similarly
664	situated compensation reports are audited in a uniform manner.
665	The guidelines shall also be formulated to encourage compliance
666	and detect violations of the legislative and executive lobbying
667	compensation reporting requirements in ss. 11.045 and 112.3215
668	and to ensure that each audit is conducted with maximum
669	efficiency in a cost-effective manner. In adopting the
670	guidelines, the committee shall consider relevant guidelines and
671	standards of the American Institute of Certified Public
672	Accountants to the extent that such guidelines and standards are
673	applicable and consistent with the purposes set forth in this
674	subsection.
675	(i)  All audit reports of legislative lobbying firms shall,
676	upon completion by an independent contract auditor, be delivered
677	to the President of the Senate and the Speaker of the House of
678	Representatives for their respective review and handling. All
679	audit reports of executive branch lobbyists, upon completion by
680	an independent contract auditor, shall be delivered by the
681	auditor to the Commission on Ethics for handling under the Code
682	of Ethics.
683	Section 5.  Section 112.3215, Florida Statutes, is amended
684	to read:
685	112.3215  Lobbying Lobbyists before the executive branch or
686	the Constitution Revision Commission; registration and
687	reporting; investigation by commission.--
688	(1)  For the purposes of this section:
689	(a)  "Agency" means the Governor, Governor and Cabinet, or
690	any department, division, bureau, board, commission, or
691	authority of the executive branch. In addition, "agency" shall
692	mean the Constitution Revision Commission as provided by s. 2,
693	Art. XI of the State Constitution.
694	(b)  "Agency official" or "employee" means any individual
695	who is required by law to file full or limited public disclosure
696	of his or her financial interests.
697	(c)  "Compensation" means a payment, distribution, loan,
698	advance, reimbursement, deposit, salary, fee, retainer, or
699	anything of value provided or owed to a lobbying firm, directly
700	or indirectly, by a principal for any lobbying activity.
701	(d)(b)  "Expenditure" means a payment, distribution, loan,
702	advance, reimbursement, deposit, or anything of value made by a
703	lobbyist or principal for the purpose of lobbying. A
704	contribution made to a political party regulated under chapter
705	103 is not deemed an expenditure for purposes of this section.
706	(e)(c)  "Fund" means the Executive Branch Lobby
707	Registration Trust Fund.
708	(f)(d)  "Lobbies" means seeking, on behalf of another
709	person, to influence an agency with respect to a decision of the
710	agency in the area of policy or procurement or an attempt to
711	obtain the goodwill of an agency official or employee. "Lobbies"
712	also means influencing or attempting to influence, on behalf of
713	another, the Constitution Revision Commission's action or
714	nonaction through oral or written communication or an attempt to
715	obtain the goodwill of a member or employee of the Constitution
716	Revision Commission.
717	(g)  "Lobbying firm" means a business entity, including an
718	individual contract lobbyist, that receives or becomes entitled
719	to receive any compensation for the purpose of lobbying, where
720	any partner, owner, officer, or employee of the business entity
721	is a lobbyist.
722	(h)(e)  "Lobbyist" means a person who is employed and
723	receives payment, or who contracts for economic consideration,
724	for the purpose of lobbying, or a person who is principally
725	employed for governmental affairs by another person or
726	governmental entity to lobby on behalf of that other person or
727	governmental entity. "Lobbyist" does not include a person who
728	is:
729	1.  An attorney, or any person, who represents a client in
730	a judicial proceeding or in a formal administrative proceeding
731	conducted pursuant to chapter 120 or any other formal hearing
732	before an agency, board, commission, or authority of this state.
733	2.  An employee of an agency or of a legislative or
734	judicial branch entity acting in the normal course of his or her
735	duties.
736	3.  A confidential informant who is providing, or wishes to
737	provide, confidential information to be used for law enforcement
738	purposes.
739	4.  A person who lobbies to procure a contract pursuant to
740	chapter 287 which contract is less than the threshold for
741	CATEGORY ONE as provided in s. 287.017(1)(a).
742	(i)(f)  "Principal" means the person, firm, corporation, or
743	other entity which has employed or retained a lobbyist.
744	(2)  The Executive Branch Lobby Registration Trust Fund is
745	hereby created within the commission to be used for the purpose
746	of funding any office established to administer the registration
747	of lobbyists lobbying an agency, including the payment of
748	salaries and other expenses. The trust fund is not subject to
749	the service charge to General Revenue provisions of chapter 215.
750	All annual registration fees collected pursuant to this section
751	shall be deposited into such fund.
752	(3)  A person may not lobby an agency until such person has
753	registered as a lobbyist with the commission. Such registration
754	shall be due upon initially being retained to lobby and is
755	renewable on a calendar year basis thereafter. Upon registration
756	the person shall provide a statement signed by the principal or
757	principal's representative that the registrant is authorized to
758	represent the principal. The principal shall also identify and
759	designate its main business on the statement authorizing that
760	lobbyist pursuant to a classification system approved by the
761	commission. The registration shall require each the lobbyist to
762	disclose, under oath, the following information:
763	(a)  Name and business address;
764	(b)  The name and business address of each principal
765	represented;
766	(c)  His or her area of interest;
767	(d)  The agencies before which he or she will appear; and
768	(e)  The existence of any direct or indirect business
769	association, partnership, or financial relationship with any
770	employee of an agency with which he or she lobbies, or intends
771	to lobby, as disclosed in the registration.
772	(4)  The annual lobbyist registration fee shall be set by
773	the commission by rule, not to exceed $40 for each principal
774	represented.
775	(5)(a)1.  Each lobbying firm shall file a compensation
776	report with the commission for each calendar quarter during any
777	portion of which one or more of the firm's lobbyists were
778	registered to represent a principal. The report shall include
779	the:
780	a.  Full name, business address, and telephone number of
781	the lobbying firm;
782	b.  Name of each of the firm's lobbyists; and
783	c.  Total compensation provided or owed to the lobbying
784	firm from all principals for the reporting period, reported in
785	one of the following categories: $0; $1 to $49,999; $50,000 to
786	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
787	$999,999; $1 million or more.
788	2.  For each principal represented by one or more of the
789	firm's lobbyists, the lobbying firm's compensation report shall
790	also include the:
791	a.  Full name, business address, and telephone number of
792	the principal; and
793	b.  Total compensation provided or owed to the lobbying
794	firm for the reporting period, reported in one of the following
795	categories:  $0; $1 to $19,999; $20,000 to $39,999; $40,000 to
796	$59,999; and $60,000 or more. If the category "$60,000 or more"
797	is selected, the specific dollar amount of compensation must be
798	reported, rounded up or down to the nearest $1,000.
799	3.  If the lobbying firm subcontracts work from another
800	lobbying firm and not from the original principal:
801	a.  The lobbying firm providing the work to be
802	subcontracted shall be treated as the reporting lobbying firm's
803	principal for reporting purposes under this paragraph; and
804	b.  The reporting lobbying firm shall, for each lobbying
805	firm identified under subparagraph 2., identify the name and
806	address of the principal originating the lobbying work.
807	4.  The senior partner, officer, or owner of the lobbying
808	firm shall certify to the veracity and completeness of the
809	information submitted pursuant to this paragraph.
810	(b)  For each principal represented by more than one
811	lobbying firm, the commission shall aggregate the reporting-
812	period and calendar-year compensation reported as provided or
813	owed by the principal.
814	(a)  A registered lobbyist must also submit to the
815	commission, biannually, a signed expenditure report summarizing
816	all lobbying expenditures by the lobbyist and the principal for
817	each 6-month period during any portion of which the lobbyist is
818	registered. All expenditures made by the lobbyist and the
819	principal for the purpose of lobbying must be reported.
820	Reporting of expenditures shall be on an accrual basis. The
821	report of such expenditures must identify whether the
822	expenditure was made directly by the lobbyist, directly by the
823	principal, initiated or expended by the lobbyist and paid for by
824	the principal, or initiated or expended by the principal and
825	paid for by the lobbyist. The principal is responsible for the
826	accuracy of the expenditures reported as lobbying expenditures
827	made by the principal. The lobbyist is responsible for the
828	accuracy of the expenditures reported as lobbying expenditures
829	made by the lobbyist. Expenditures made must be reported by the
830	category of the expenditure, including, but not limited to, the
831	categories of food and beverages, entertainment, research,
832	communication, media advertising, publications, travel, and
833	lodging. Lobby expenditures do not include a lobbyist's or
834	principal's salary, office expenses, and personal expenses for
835	lodging, meals, and travel.
836	(b)  A principal who is represented by two or more
837	lobbyists shall designate one lobbyist whose expenditure report
838	shall include all lobbying expenditures made directly by the
839	principal and those expenditures of the designated lobbyist on
840	behalf of that principal as required by paragraph (a). All other
841	lobbyists registered to represent that principal shall file a
842	report pursuant to paragraph (a). The report of lobbying
843	expenditures by the principal shall be made pursuant to the
844	requirements of paragraph (a). The principal is responsible for
845	the accuracy of figures reported by the designated lobbyist as
846	lobbying expenditures made directly by the principal. The
847	designated lobbyist is responsible for the accuracy of the
848	figures reported as lobbying expenditures made by that lobbyist.
849	(c)  For each reporting period the commission shall
850	aggregate the expenditures of all lobbyists for a principal
851	represented by more than one lobbyist. Further, the commission
852	shall aggregate figures that provide a cumulative total of
853	expenditures reported as spent by and on behalf of each
854	principal for the calendar year.
855	(c)(d)  The reporting statements shall be filed no later
856	than 45 days after the end of each reporting period. and shall
857	include the expenditures for the period The four reporting
858	periods are from January 1 through March 31 June 30, April 1
859	through June 30, and July 1 through September 30, and October 1
860	through December 31, respectively.
861	(d)(e)  Reports shall be filed not later than 5 p.m. of the
862	report due date. However, any report that is postmarked by the
863	United States Postal Service no later than midnight of the due
864	date shall be deemed to have been filed in a timely manner, and
865	a certificate of mailing obtained from and dated by the United
866	States Postal Service at the time of the mailing, or a receipt
867	from an established courier company which bears a date on or
868	before the due date, shall be proof of mailing in a timely
869	manner.
870	(e)(f)  The commission shall provide by rule a procedure by
871	which a lobbying firm that lobbyist who fails to timely file a
872	report shall be notified and assessed fines. The rule shall
873	provide for the following:
874	1.  Upon determining that the report is late, the person
875	designated to review the timeliness of reports shall immediately
876	notify the lobbying firm lobbyist as to the failure to timely
877	file the report and that a fine is being assessed for each late
878	day. The fine shall be $50 per day per report for each late day
879	up to a maximum of $5,000 per late report.
880	2.  Upon receipt of the report, the person designated to
881	review the timeliness of reports shall determine the amount of
882	the fine due based upon the earliest of the following:
883	a.  When a report is actually received by the lobbyist
884	registration and reporting office.
885	b.  When the report is postmarked.
886	c.  When the certificate of mailing is dated.
887	d.  When the receipt from an established courier company is
888	dated.
889	3.  Such fine shall be paid within 30 days after the notice
890	of payment due is transmitted by the Lobbyist Registration
891	Office, unless appeal is made to the commission. The moneys
892	shall be deposited into the Executive Branch Lobby Registration
893	Trust Fund.
894	4.  A fine shall not be assessed against a lobbying firm
895	lobbyist the first time any reports for which the lobbying firm
896	lobbyist is responsible are not timely filed. However, to
897	receive the one-time fine waiver, all reports for which the
898	lobbying firm lobbyist is responsible must be filed within 30
899	days after the notice that any reports have not been timely
900	filed is transmitted by the Lobbyist Registration Office. A fine
901	shall be assessed for any subsequent late-filed reports.
902	5.  Any lobbying firm lobbyist may appeal or dispute a
903	fine, based upon unusual circumstances surrounding the failure
904	to file on the designated due date, and may request and shall be
905	entitled to a hearing before the commission, which shall have
906	the authority to waive the fine in whole or in part for good
907	cause shown. Any such request shall be made within 30 days after
908	the notice of payment due is transmitted by the Lobbyist
909	Registration Office. In such case, the lobbying firm lobbyist
910	shall, within the 30-day period, notify the person designated to
911	review the timeliness of reports in writing of his or her
912	intention to bring the matter before the commission.
913	6.  The person designated to review the timeliness of
914	reports shall notify the commission of the failure of a lobbying
915	firm lobbyist to file a report after notice or of the failure of
916	a lobbying firm lobbyist to pay the fine imposed.
917	7.  Notwithstanding any provision of chapter 120, any fine
918	imposed under this subsection that is not waived by final order
919	of the commission and that remains unpaid more than 60 days
920	after the notice of payment due or more than 60 days after the
921	commission renders a final order on the lobbying firm's
922	lobbyist's appeal shall be collected by the Department of
923	Financial Services as a claim, debt, or other obligation owed to
924	the state, and the department may assign the collection of such
925	fine to a collection agent as provided in s. 17.20.
926	(f)(g)  The commission shall adopt a rule which allows
927	reporting statements to be filed by electronic means, when
928	feasible.
929	(g)(h)  Each lobbying firm lobbyist and each principal
930	shall preserve for a period of 4 years all accounts, bills,
931	receipts, computer records, books, papers, and other documents
932	and records necessary to substantiate compensation lobbying
933	expenditures. Any documents and records retained pursuant to
934	this section may be subpoenaed for audit by the Legislative
935	Auditing Committee pursuant to s. 11.40, and such subpoena
936	inspected under reasonable circumstances by any authorized
937	representative of the commission. The right of inspection may be
938	enforced in circuit court by appropriate writ issued by any
939	court of competent jurisdiction.
940	(6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or any
941	other provision of law to the contrary, no lobbyist or principal
942	shall make, directly or indirectly, and no agency official,
943	member, or employee shall knowingly accept, directly or
944	indirectly, any lobbying expenditure.
945	(b)  No person shall provide compensation for lobbying to
946	any individual or business entity that is not a lobbying firm.
947	(7)(6)  A lobbyist shall promptly send a written statement
948	to the commission canceling the registration for a principal
949	upon termination of the lobbyist's representation of that
950	principal. Notwithstanding this requirement, the commission may
951	remove the name of a lobbyist from the list of registered
952	lobbyists if the principal notifies the office that a person is
953	no longer authorized to represent that principal. Each lobbyist
954	is responsible for filing an expenditure report for each period
955	during any portion of which he or she was registered, and each
956	principal is responsible for seeing that an expenditure report
957	is filed for each period during any portion of which the
958	principal was represented by a registered lobbyist.
959	(8)(a)(7)  The commission shall investigate every sworn
960	complaint that is filed with it alleging that a person covered
961	by this section has failed to register, has failed to submit a
962	compensation an expenditure report, or has knowingly submitted
963	false information in any report or registration required in this
964	section.
965	(b)  All proceedings, the complaint, and other records
966	relating to the investigation are confidential and exempt from
967	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
968	Constitution, and any meetings held pursuant to an investigation
969	are exempt from the provisions of s. 286.011(1) and s. 24(b),
970	Art. I of the State Constitution either until the alleged
971	violator requests in writing that such investigation and
972	associated records and meetings be made public or until the
973	commission determines, based on the investigation, whether
974	probable cause exists to believe that a violation has occurred.
975	(c)  The commission shall investigate any lobbying firm,
976	agency, officer, or employee upon receipt of information from a
977	sworn complaint or from a random audit of lobbying reports
978	indicating a possible violation other than a late-filed report.
979	(9)(8)  If the commission finds no probable cause to
980	believe that a violation of this section occurred, it shall
981	dismiss the complaint, whereupon the complaint, together with a
982	written statement of the findings of the investigation and a
983	summary of the facts, shall become a matter of public record,
984	and the commission shall send a copy of the complaint, findings,
985	and summary to the complainant and the alleged violator. If,
986	after investigating information from a random audit of lobbying
987	reports, the commission finds no probable cause to believe that
988	a violation of this section occurred, a written statement of the
989	findings of the investigation and a summary of the facts shall
990	become a matter of public record, and the commission shall send
991	a copy of the findings and summary to the alleged violator. If
992	the commission finds probable cause to believe that a violation
993	occurred, it shall report the results of its investigation to
994	the Governor and Cabinet and send a copy of the report to the
995	alleged violator by certified mail. Such notification and all
996	documents made or received in the disposition of the complaint
997	shall then become public records. Upon request submitted to the
998	Governor and Cabinet in writing, any person whom the commission
999	finds probable cause to believe has violated any provision of
1000	this section shall be entitled to a public hearing. Such person
1001	shall be deemed to have waived the right to a public hearing if
1002	the request is not received within 14 days following the mailing
1003	of the probable cause notification. However, the Governor and
1004	Cabinet may on its own motion require a public hearing and may
1005	conduct such further investigation as it deems necessary.
1006	(10)(9)  If the Governor and Cabinet finds that a violation
1007	occurred, it may reprimand the violator, censure the violator,
1008	or prohibit the violator from lobbying all agencies for a period
1009	not to exceed 2 years. If the violator is a lobbying firm, the
1010	Governor and Cabinet may also assess a fine of not more than
1011	$5,000 to be deposited in the Executive Branch Lobby
1012	Registration Trust Fund.
1013	(11)(10)  Any person, when in doubt about the applicability
1014	and interpretation of this section to himself or herself in a
1015	particular context, may submit in writing the facts of the
1016	situation to the commission with a request for an advisory
1017	opinion to establish the standard of duty. An advisory opinion
1018	shall be rendered by the commission and, until amended or
1019	revoked, shall be binding on the conduct of the person who
1020	sought the opinion, unless material facts were omitted or
1021	misstated in the request.
1022	(12)(11)  Agencies shall be diligent to ascertain whether
1023	persons required to register pursuant to this section have
1024	complied. An agency may not knowingly permit a person who is not
1025	registered pursuant to this section to lobby the agency.
1026	(13)(12)  Upon discovery of violations of this section an
1027	agency or any person may file a sworn complaint with the
1028	commission.
1029	(14)(13)  The commission shall adopt rules to administer
1030	this section, which shall prescribe forms for registration and
1031	compensation expenditure reports, procedures for registration,
1032	and procedures that will prevent disclosure of information that
1033	is confidential as provided in this section.
1034	Section 6.  Effective April 1, 2006, subsection (5) of
1035	section 112.3215, Florida Statutes, as amended by this act, is
1036	amended to read:
1037	112.3215  Lobbying before the executive branch or the
1038	Constitution Revision Commission; registration and reporting;
1039	investigation by commission.--
1040	(5)(a)1.  Each lobbying firm shall file a compensation
1041	report with the commission for each calendar quarter during any
1042	portion of which one or more of the firm's lobbyists were
1043	registered to represent a principal. The report shall include
1044	the:
1045	a.  Full name, business address, and telephone number of
1046	the lobbying firm;
1047	b.  Name of each of the firm's lobbyists; and
1048	c.  Total compensation provided or owed to the lobbying
1049	firm from all principals for the reporting period, reported in
1050	one of the following categories: $0; $1 to $49,999; $50,000 to
1051	$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to
1052	$999,999; $1 million or more.
1053	2.  For each principal represented by one or more of the
1054	firm's lobbyists, the lobbying firm's compensation report shall
1055	also include the:
1056	a.  Full name, business address, and telephone number of
1057	the principal; and
1058	b.  Total compensation provided or owed to the lobbying
1059	firm for the reporting period, reported in one of the following
1060	categories:  $0; $1 to $19,999; $20,000 to $39,999; $40,000 to
1061	$59,999; and $60,000 or more. If the category "$60,000 or more"
1062	is selected, the specific dollar amount of compensation must be
1063	reported, rounded up or down to the nearest $1,000.
1064	3.  If the lobbying firm subcontracts work from another
1065	lobbying firm and not from the original principal:
1066	a.  The lobbying firm providing the work to be
1067	subcontracted shall be treated as the reporting lobbying firm's
1068	principal for reporting purposes under this paragraph; and
1069	b.  The reporting lobbying firm shall, for each lobbying
1070	firm identified under subparagraph 2., identify the name and
1071	address of the principal originating the lobbying work.
1072	4.  The senior partner, officer, or owner of the lobbying
1073	firm shall certify to the veracity and completeness of the
1074	information submitted pursuant to this paragraph.
1075	(b)  For each principal represented by more than one
1076	lobbying firm, the commission shall aggregate the reporting-
1077	period and calendar-year compensation reported as provided or
1078	owed by the principal.
1079	(c)  The reporting statements shall be filed no later than
1080	45 days after the end of each reporting period. The four
1081	reporting periods are from January 1 through March 31, April 1
1082	through June 30, July 1 through September 30, and October 1
1083	through December 31, respectively. Reporting statements must be
1084	filed by electronic means as provided in s. 112.32155.
1085	(d)  Reports shall be filed not later than 5 p.m. of the
1086	report due date. However, any report that is postmarked by the
1087	United States Postal Service no later than midnight of the due
1088	date shall be deemed to have been filed in a timely manner, and
1089	a certificate of mailing obtained from and dated by the United
1090	States Postal Service at the time of the mailing, or a receipt
1091	from an established courier company which bears a date on or
1092	before the due date, shall be proof of mailing in a timely
1093	manner.
1094	(d)(e)  The commission shall provide by rule a procedure by
1095	which a lobbying firm that fails to timely file a report shall
1096	be notified and assessed fines. The rule shall provide for the
1097	following:
1098	1.  Upon determining that the report is late, the person
1099	designated to review the timeliness of reports shall immediately
1100	notify the lobbying firm as to the failure to timely file the
1101	report and that a fine is being assessed for each late day. The
1102	fine shall be $50 per day per report for each late day up to a
1103	maximum of $5,000 per late report.
1104	2.  Upon receipt of the report, the person designated to
1105	review the timeliness of reports shall determine the amount of
1106	the fine due based upon the earliest of the following:
1107	a.  When a report is actually received by the lobbyist
1108	registration and reporting office.
1109	b.  When the electronic receipt issued pursuant to s.
1110	112.32155 is dated. When the report is postmarked.
1111	c.  When the certificate of mailing is dated.
1112	d.  When the receipt from an established courier company is
1113	dated.
1114	3.  Such fine shall be paid within 30 days after the notice
1115	of payment due is transmitted by the Lobbyist Registration
1116	Office, unless appeal is made to the commission. The moneys
1117	shall be deposited into the Executive Branch Lobby Registration
1118	Trust Fund.
1119	4.  A fine shall not be assessed against a lobbying firm
1120	the first time any reports for which the lobbying firm is
1121	responsible are not timely filed. However, to receive the one-
1122	time fine waiver, all reports for which the lobbying firm is
1123	responsible must be filed within 30 days after the notice that
1124	any reports have not been timely filed is transmitted by the
1125	Lobbyist Registration Office. A fine shall be assessed for any
1126	subsequent late-filed reports.
1127	5.  Any lobbying firm may appeal or dispute a fine, based
1128	upon unusual circumstances surrounding the failure to file on
1129	the designated due date, and may request and shall be entitled
1130	to a hearing before the commission, which shall have the
1131	authority to waive the fine in whole or in part for good cause
1132	shown. Any such request shall be made within 30 days after the
1133	notice of payment due is transmitted by the Lobbyist
1134	Registration Office. In such case, the lobbying firm shall,
1135	within the 30-day period, notify the person designated to review
1136	the timeliness of reports in writing of his or her intention to
1137	bring the matter before the commission.
1138	6.  The person designated to review the timeliness of
1139	reports shall notify the commission of the failure of a lobbying
1140	firm to file a report after notice or of the failure of a
1141	lobbying firm to pay the fine imposed.
1142	7.  Notwithstanding any provision of chapter 120, any fine
1143	imposed under this subsection that is not waived by final order
1144	of the commission and that remains unpaid more than 60 days
1145	after the notice of payment due or more than 60 days after the
1146	commission renders a final order on the lobbying firm's appeal
1147	shall be collected by the Department of Financial Services as a
1148	claim, debt, or other obligation owed to the state, and the
1149	department may assign the collection of such fine to a
1150	collection agent as provided in s. 17.20.
1151	(f)  The commission shall adopt a rule which allows
1152	reporting statements to be filed by electronic means, when
1153	feasible.
1154	(e)(g)  Each lobbying firm and each principal shall
1155	preserve for a period of 4 years all accounts, bills, receipts,
1156	computer records, books, papers, and other documents and records
1157	necessary to substantiate compensation. Any documents and
1158	records retained pursuant to this section may be subpoenaed for
1159	audit by the Legislative Auditing Committee pursuant to s.
1160	11.40, and such subpoena may be enforced in circuit court.
1161	Section 7.  Effective April 1, 2006, section 112.32155,
1162	Florida Statutes, is created to read:
1163	112.32155  Electronic filing of compensation reports and
1164	other information.--
1165	(1)  As used in this section, the term "electronic filing
1166	system" means an Internet system for recording and reporting
1167	lobbying compensation and other required information by
1168	reporting period.
1169	(2)  Each lobbying firm who is required to file reports
1170	with the Commission on Ethics pursuant to s. 112.3215 must file
1171	such reports with the commission by means of the electronic
1172	filing system.
1173	(3)  A report filed pursuant to this section must be
1174	completed and filed through the electronic filing system not
1175	later than 11:59 p.m. of the day designated in s. 112.3215. A
1176	report not filed by 11:59 p.m. of the day designated is a late-
1177	filed report and is subject to the penalties under s.
1178	112.3215(5).
1179	(4)  Each report filed pursuant to this section is
1180	considered to be certified as accurate and complete by the
1181	lobbying firm. Persons given a secure sign-on to the electronic
1182	filing system are responsible for protecting it from disclosure
1183	and are responsible for all filings using such credentials,
1184	unless they have notified the commission that their credentials
1185	have been compromised.
1186	(5)  The electronic filing system must:
1187	(a)  Be based on access by means of the Internet.
1188	(b)  Be accessible by anyone with Internet access using
1189	standard web-browsing software.
1190	(c)  Provide for direct entry of compensation-report
1191	information as well as upload of such information from software
1192	authorized by the commission.
1193	(d)  Provide a method that prevents unauthorized access to
1194	electronic filing system functions.
1195	(6)  The commission shall provide by rule procedures to
1196	implement and administer this section, including, but not
1197	limited to:
1198	(a)  Alternate filing procedures in case the electronic
1199	filing system is not operable.
1200	(b)  The issuance of an electronic receipt to the person
1201	submitting the report indicating and verifying the date and time
1202	that the report was filed.
1203	(7)  The commission shall make all the data filed available
1204	on the Internet in an easily understood and accessible format.
1205	The Internet web site shall also include, but not be limited to,
1206	the names and business addresses of lobbyists, lobbying firms,
1207	and principals, affiliations between lobbyists and principals,
1208	and the classification system designated and identified by each
1209	principal pursuant to s. 112.3215(3).
1210	Section 8.  The first compensation reports subject to the
1211	amended reporting requirements in this act must be filed by May
1212	15, 2006, and encompass the reporting period from January 1,
1213	2006, through March 31, 2006.
1214	Section 9.  Except as otherwise expressly provided in this
1215	act, this act shall take effect January 1, 2006.

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