Senate Bill sb0006Be1
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    SB 6-B                                         First Engrossed
  1                      A bill to be entitled
  2         An act relating to political activities;
  3         amending ss. 11.045 and 112.3215, F.S.,
  4         relating to registration and reporting
  5         requirements for legislative lobbyists and
  6         lobbyists of the executive branch and
  7         Constitution Revision Commission; providing and
  8         amending definitions; requiring each principal
  9         upon the registration of the principal's
10         lobbyist to identify the principal's main
11         business; requiring each lobbying firm and
12         principal to maintain certain records and
13         documents for a specified period; specifying
14         judicial jurisdiction for enforcing the right
15         to subpoena certain documents and records for
16         audit; deleting the requirement for lobbyists
17         to file expenditure reports; requiring each
18         lobbying firm to file quarterly compensation
19         reports; requiring each lobbying firm to report
20         certain compensation information in dollar
21         categories and specific dollar amounts;
22         requiring certain lobbying firms to report the
23         name and address of the principal originating
24         lobbying work; providing for certification of
25         compensation reports; requiring the Division of
26         Legislative Information Services and the
27         Commission on Ethics to aggregate certain
28         compensation information; revising the periods
29         for filing compensation reporting statements;
30         prescribing procedures for determining
31         late-filing fines for compensation reports;
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    SB 6-B                                         First Engrossed
 1         prescribing fines and penalties for
 2         compensation-reporting violations; providing
 3         exceptions; prohibiting lobbying expenditures,
 4         except for certain floral arrangements and
 5         celebratory items; prohibiting principals from
 6         providing lobbying compensation to any
 7         individual or business entity other than a
 8         lobbying firm; providing for the Legislature to
 9         adopt rules to maintain and make publicly
10         available all advisory opinions and reports
11         relating to lobbying firms, to conform;
12         providing for the Legislature to adopt rules
13         authorizing legislative committees to
14         investigate certain persons and entities
15         engaged in legislative lobbying; providing for
16         the commission to investigate certain lobbying
17         firms for lobbying report violations; providing
18         procedures for disposing of lobbying report
19         investigations and proceedings; providing
20         penalties; providing for public access to
21         certain records; authorizing the commission to
22         adopt administration rules and forms relating
23         to compensation reporting; requiring
24         compensation reports to be filed
25         electronically; creating ss. 11.0455 and
26         112.32155, F.S.; defining the term "electronic
27         filing system"; providing requirements for
28         lobbying firms filing reports with the Division
29         of Legislative Information Services and the
30         Commission on Ethics by means of the division's
31         and the commission's electronic filing systems;
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    SB 6-B                                         First Engrossed
 1         providing that such reports are considered to
 2         be certified; providing requirements for the
 3         electronic filing system; providing for the
 4         Legislature and the commission to adopt rules
 5         to administer the electronic filing system;
 6         requiring alternate filing procedures;
 7         requiring the issuance of electronic receipts;
 8         requiring that the division and the commission
 9         provide for public access to certain data;
10         amending s. 11.40, F.S.; requiring that the
11         Legislative Auditing Committee conduct random
12         audits of the compensation reports filed by
13         legislative branch and executive branch
14         lobbying firms; providing definitions;
15         prescribing conditions for the random
16         selection; directing the committee to provide
17         for a system to select lobbying firms to be
18         audited; requiring the committee to create and
19         maintain a list of approved auditors;
20         authorizing certain lobbying firms the ability
21         to select an auditor from an approved list;
22         prohibiting an auditor to audit lobbying firms
23         under specified circumstances; requiring a
24         sworn certification from the auditor and the
25         lobbying firm being audited; providing for
26         certain auditors to be solely engaged and
27         compensated by the state; providing the
28         required contents of the audit report;
29         providing for the determination of violations
30         of law to be made by Legislative rule;
31         prescribing a standard of cooperation by
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    SB 6-B                                         First Engrossed
 1         lobbying firms being audited; providing
 2         guidelines for the committee to establish
 3         procedures for the selection of independent
 4         contractors; requiring the committee to adopt
 5         guidelines that govern random audits and field
 6         investigations; requiring that legislative
 7         lobbying audit reports be forwarded to the
 8         Legislature and executive lobbying audit
 9         reports be sent to the Commission on Ethics;
10         specifying the initial reporting period that is
11         subject to the requirements of the act;
12         prohibiting persons convicted of a felony from
13         being registered as a lobbyist until certain
14         conditions are met; providing effective dates.
15  
16  Be It Enacted by the Legislature of the State of Florida:
17  
18         Section 1.  Section 11.045, Florida Statutes, is
19  amended to read:
20         11.045  Lobbying before the Legislature Lobbyists;
21  registration and reporting; exemptions; penalties.--
22         (1)  As used in this section, unless the context
23  otherwise requires:
24         (a)  "Committee" means the committee of each house
25  charged by the presiding officer with responsibility for
26  ethical conduct of lobbyists.
27         (b)  "Compensation" means a payment, distribution,
28  loan, advance, reimbursement, deposit, salary, fee, retainer,
29  or anything of value provided or owed to a lobbying firm,
30  directly or indirectly, by a principal for any lobbying
31  activity.
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    SB 6-B                                         First Engrossed
 1         (c)(b)  "Division" means the Division of Legislative
 2  Information Services within the Office of Legislative
 3  Services.
 4         (d)(c)  "Expenditure" means a payment, distribution,
 5  loan, advance, reimbursement, deposit, or anything of value
 6  made by a lobbyist or principal for the purpose of lobbying. A
 7  contribution made to a political party regulated under chapter
 8  103 is not deemed an expenditure for purposes of this section.
 9         (e)(d)  "Legislative action" means introduction,
10  sponsorship, testimony, debate, voting, or any other official
11  action on any measure, resolution, amendment, nomination,
12  appointment, or report of, or any matter which may be the
13  subject of action by, either house of the Legislature or any
14  committee thereof.
15         (f)(e)  "Lobbying" means influencing or attempting to
16  influence legislative action or nonaction through oral or
17  written communication or an attempt to obtain the goodwill of
18  a member or employee of the Legislature.
19         (g)  "Lobbying firm" means any business entity,
20  including an individual contract lobbyist, that receives or
21  becomes entitled to receive any compensation for the purpose
22  of lobbying, where any partner, owner, officer, or employee of
23  the business entity is a lobbyist.
24         (h)(f)  "Lobbyist" means a person who is employed and
25  receives payment, or who contracts for economic consideration,
26  for the purpose of lobbying, or a person who is principally
27  employed for governmental affairs by another person or
28  governmental entity to lobby on behalf of that other person or
29  governmental entity.
30  
31  
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    SB 6-B                                         First Engrossed
 1         (i)(g)  "Principal" means the person, firm,
 2  corporation, or other entity which has employed or retained a
 3  lobbyist.
 4         (2)  Each house of the Legislature shall provide by
 5  rule, or may provide by a joint rule adopted by both houses,
 6  for the registration of lobbyists who lobby the Legislature.
 7  The rule may provide for the payment of a registration fee.
 8  The rule may provide for exemptions from registration or
 9  registration fees. The rule shall provide that:
10         (a)  Registration is required for each principal
11  represented.
12         (b)  Registration shall include a statement signed by
13  the principal or principal's representative that the
14  registrant is authorized to represent the principal. The
15  principal shall also identify and designate its main business
16  on the statement authorizing that lobbyist pursuant to a
17  classification system approved by the Office of Legislative
18  Services.
19         (c)  A registrant shall promptly send a written
20  statement to the division canceling the registration for a
21  principal upon termination of the lobbyist's representation of
22  that principal. Notwithstanding this requirement, the division
23  may remove the name of a registrant from the list of
24  registered lobbyists if the principal notifies the office that
25  a person is no longer authorized to represent that principal.
26         (d)  Every registrant shall be required to state the
27  extent of any direct business association or partnership with
28  any current member of the Legislature.
29         (e)  Each lobbying firm lobbyist and each principal
30  shall preserve for a period of 4 years all accounts, bills,
31  receipts, computer records, books, papers, and other documents
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    SB 6-B                                         First Engrossed
 1  and records necessary to substantiate compensation lobbying
 2  expenditures. Any documents and records retained pursuant to
 3  this section may be subpoenaed for audit by legislative
 4  subpoena of either house of the Legislature, and the subpoena
 5  inspected under reasonable circumstances by any authorized
 6  representative of the Legislature. The right of inspection may
 7  be enforced in circuit court by appropriate writ issued by any
 8  court of competent jurisdiction.
 9         (f)  All registrations shall be open to the public.
10         (g)  Any person who is exempt from registration under
11  the rule shall not be considered a lobbyist for any purpose.
12         (3)  Each house of the Legislature shall provide by
13  rule the following reporting requirements:
14         (a)1.  Each lobbying firm shall file a compensation
15  report with the division for each calendar quarter during any
16  portion of which one or more of the firm's lobbyists were
17  registered to represent a principal. The report shall include
18  the:
19         a.  Full name, business address, and telephone number
20  of the lobbying firm;
21         b.  Name of each of the firm's lobbyists; and
22         c.  Total compensation provided or owed to the lobbying
23  firm from all principals for the reporting period, reported in
24  one of the following categories: $0; $1 to $49,999; $50,000 to
25  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000
26  to $999,999; $1 million or more.
27         2.  For each principal represented by one or more of
28  the firm's lobbyists, the lobbying firm's compensation report
29  shall also include the:
30         a.  Full name, business address, and telephone number
31  of the principal; and
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    SB 6-B                                         First Engrossed
 1         b.  Total compensation provided or owed to the lobbying
 2  firm for the reporting period, reported in one of the
 3  following categories: $0; $1 to $9,999; $10,000 to $19,999;
 4  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or
 5  $50,000 or more. If the category, "$50,000 or more" is
 6  selected, the specific dollar amount of compensation must be
 7  reported, rounded up or down to the nearest $1,000.
 8         3.  If the lobbying firm subcontracts work from another
 9  lobbying firm and not from the original principal:
10         a.  The lobbying firm providing the work to be
11  subcontracted shall be treated as the reporting lobbying
12  firm's principal for reporting purposes under this paragraph;
13  and
14         b.  The reporting lobbying firm shall, for each
15  lobbying firm identified under subparagraph 2., identify the
16  name and address of the principal originating the lobbying
17  work.
18         4.  The senior partner, officer, or owner of the
19  lobbying firm shall certify to the veracity and completeness
20  of the information submitted pursuant to this paragraph, and
21  certify that no compensation has been omitted from this report
22  by deeming such compensation as "consulting services," "media
23  services," "professional services," or anything other than
24  compensation, and certify that no officer or employee of the
25  firm has made an expenditure in violation of this section.
26         (b)  For each principal represented by more than one
27  lobbying firm, the division shall aggregate the
28  reporting-period and calendar-year compensation reported as
29  provided or owed by the principal.
30         (a)  Statements shall be filed by all registered
31  lobbyists two times per year, which must disclose all lobbying
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    SB 6-B                                         First Engrossed
 1  expenditures by the lobbyist and the principal and the source
 2  of funds for such expenditures. All expenditures made by the
 3  lobbyist and the principal for the purpose of lobbying must be
 4  reported. Reporting of expenditures shall be made on an
 5  accrual basis. The report of such expenditures must identify
 6  whether the expenditure was made directly by the lobbyist,
 7  directly by the principal, initiated or expended by the
 8  lobbyist and paid for by the principal, or initiated or
 9  expended by the principal and paid for by the lobbyist. The
10  principal is responsible for the accuracy of the expenditures
11  reported as lobbying expenditures made by the principal. The
12  lobbyist is responsible for the accuracy of the expenditures
13  reported as lobbying expenditures made by the lobbyist.
14  Expenditures made must be reported by the category of the
15  expenditure, including, but not limited to, the categories of
16  food and beverages, entertainment, research, communication,
17  media advertising, publications, travel, and lodging. Lobbying
18  expenditures do not include a lobbyist's or principal's
19  salary, office expenses, and personal expenses for lodging,
20  meals, and travel.
21         (b)  If a principal is represented by two or more
22  lobbyists, the first lobbyist who registers to represent that
23  principal shall be the designated lobbyist. The designated
24  lobbyist's expenditure report shall include all lobbying
25  expenditures made directly by the principal and those
26  expenditures of the designated lobbyist on behalf of that
27  principal as required by paragraph (a). All other lobbyists
28  registered to represent that principal shall file a report
29  pursuant to paragraph (a). The report of lobbying expenditures
30  by the principal shall be made pursuant to the requirements of
31  paragraph (a). The principal is responsible for the accuracy
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    SB 6-B                                         First Engrossed
 1  of figures reported by the designated lobbyist as lobbying
 2  expenditures made directly by the principal. The designated
 3  lobbyist is responsible for the accuracy of the figures
 4  reported as lobbying expenditures made by that lobbyist. Each
 5  lobbyist shall file an expenditure report for each period
 6  during any portion of which he or she was registered, and each
 7  principal shall ensure that an expenditure report is filed for
 8  each period during any portion of which the principal was
 9  represented by a registered lobbyist.
10         (c)  For each reporting period the division shall
11  aggregate the expenditures reported by all of the lobbyists
12  for a principal represented by more than one lobbyist.
13  Further, the division shall aggregate figures that provide a
14  cumulative total of expenditures reported as spent by and on
15  behalf of each principal for the calendar year.
16         (c)(d)  The reporting statements shall be filed no
17  later than 45 days after the end of each the reporting period.
18  The four reporting periods are The first report shall include
19  the expenditures for the period from January 1 through March
20  31, April 1 through June 30, July 1 through September 30, and
21  October 1 through December 31, respectively June 30. The
22  second report shall disclose expenditures for the period from
23  July 1 through December 31. The statements shall be rendered
24  in the identical form provided by the respective houses and
25  shall be open to public inspection. Reporting statements may
26  be filed by electronic means, when feasible.
27         (d)(e)  Reports shall be filed not later than 5 p.m. of
28  the report due date. However, any report that is postmarked by
29  the United States Postal Service no later than midnight of the
30  due date shall be deemed to have been filed in a timely
31  manner, and a certificate of mailing obtained from and dated
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    SB 6-B                                         First Engrossed
 1  by the United States Postal Service at the time of the
 2  mailing, or a receipt from an established courier company
 3  which bears a date on or before the due date, shall be proof
 4  of mailing in a timely manner.
 5         (e)(f)  Each house of the Legislature shall provide by
 6  rule, or both houses may provide by joint rule, a procedure by
 7  which a lobbying firm that lobbyist who fails to timely file a
 8  report shall be notified and assessed fines. The rule shall
 9  provide for the following:
10         1.  Upon determining that the report is late, the
11  person designated to review the timeliness of reports shall
12  immediately notify the lobbying firm lobbyist as to the
13  failure to timely file the report and that a fine is being
14  assessed for each late day. The fine shall be $50 per day per
15  report for each late day, not to exceed $5,000 per report.
16         2.  Upon receipt of the report, the person designated
17  to review the timeliness of reports shall determine the amount
18  of the fine due based upon the earliest of the following:
19         a.  When a report is actually received by the lobbyist
20  registration and reporting office.
21         b.  When the report is postmarked.
22         c.  When the certificate of mailing is dated.
23         d.  When the receipt from an established courier
24  company is dated.
25         3.  Such fine shall be paid within 30 days after the
26  notice of payment due is transmitted by the Lobbyist
27  Registration Office, unless appeal is made to the division.
28  The moneys shall be deposited into the Legislative Lobbyist
29  Registration Trust Fund.
30         4.  A fine shall not be assessed against a lobbying
31  firm lobbyist the first time any reports for which the
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    SB 6-B                                         First Engrossed
 1  lobbying firm lobbyist is responsible are not timely filed.
 2  However, to receive the one-time fine waiver, all reports for
 3  which the lobbying firm lobbyist is responsible must be filed
 4  within 30 days after notice that any reports have not been
 5  timely filed is transmitted by the Lobbyist Registration
 6  Office. A fine shall be assessed for any subsequent late-filed
 7  reports.
 8         5.  Any lobbying firm lobbyist may appeal or dispute a
 9  fine, based upon unusual circumstances surrounding the failure
10  to file on the designated due date, and may request and shall
11  be entitled to a hearing before the General Counsel of the
12  Office of Legislative Services, who shall recommend to the
13  President of the Senate and the Speaker of the House of
14  Representatives, or their respective designees, that the fine
15  be waived in whole or in part for good cause shown. The
16  President of the Senate and the Speaker of the House of
17  Representatives, or their respective designees, may concur in
18  the recommendation and waive the fine in whole or in part. Any
19  such request shall be made within 30 days after the notice of
20  payment due is transmitted by the Lobbyist Registration
21  Office. In such case, the lobbying firm lobbyist shall, within
22  the 30-day period, notify the person designated to review the
23  timeliness of reports in writing of his or her intention to
24  request a hearing.
25         6.  A lobbying firm lobbyist, a lobbyist's legal
26  representative, or the principal of a lobbyist may request
27  that the filing of a an expenditure report be waived upon good
28  cause shown, based on unusual circumstances. The request must
29  be filed with the General Counsel of the Office of Legislative
30  Services, who shall make a recommendation concerning the
31  waiver request to the President of the Senate and the Speaker
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    SB 6-B                                         First Engrossed
 1  of the House of Representatives. The President of the Senate
 2  and the Speaker of the House of Representatives may grant or
 3  deny the request.
 4         7.  All lobbyist registrations for lobbyists who are
 5  partners, owners, officers, or employees of a lobbying firm
 6  that fails to timely pay a fine are automatically suspended
 7  until the fine is paid or waived, and the division shall
 8  promptly notify all affected principals of any suspension or
 9  reinstatement. The registration of a lobbyist who fails to
10  timely pay a fine is automatically suspended until the fine is
11  paid or waived.
12         8.7.  The person designated to review the timeliness of
13  reports shall notify the director of the division of the
14  failure of a lobbying firm lobbyist to file a report after
15  notice or of the failure of a lobbying firm lobbyist to pay
16  the fine imposed.
17         (4)(a)  Notwithstanding s. 112.3148, s. 112.3149, or
18  any other provision of law to the contrary, no lobbyist or
19  principal shall make, directly or indirectly, and no member or
20  employee of the Legislature shall knowingly accept, directly
21  or indirectly, any expenditure, except floral arrangements or
22  other celebratory items given to legislators and displayed in
23  chambers the opening day of a regular session.
24         (b)  No person shall provide compensation for lobbying
25  to any individual or business entity that is not a lobbying
26  firm.
27         (5)(4)  Each house of the Legislature shall provide by
28  rule a procedure by which a person, when in doubt about the
29  applicability and interpretation of this section in a
30  particular context, may submit in writing the facts for an
31  advisory opinion to the committee of either house and may
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    SB 6-B                                         First Engrossed
 1  appear in person before the committee. The rule shall provide
 2  a procedure by which:
 3         (a)  The committee shall render advisory opinions to
 4  any person who seeks advice as to whether the facts in a
 5  particular case would constitute a violation of this section.
 6         (b)  The committee shall make sufficient deletions to
 7  prevent disclosing the identity of persons in the decisions or
 8  opinions.
 9         (c)  All advisory opinions of the committee shall be
10  numbered, dated, and open to public inspection.
11         (6)(5)  Each house of the Legislature shall provide by
12  rule for keeping keep all advisory opinions of the committees
13  relating to lobbying firms, lobbyists, and lobbying
14  activities., as well as The rule shall also provide that each
15  house keep a current list of registered lobbyists along with
16  and their respective reports required of lobbying firms under
17  this section, all of which shall be open for public
18  inspection.
19         (7)(6)  Each house of the Legislature shall provide by
20  rule that a the committee of either house shall investigate
21  any person engaged in legislative lobbying upon receipt of a
22  sworn complaint alleging a violation of this section, s.
23  112.3148, or s. 112.3149 by such person; also, the rule shall
24  provide that a committee of either house investigate any
25  lobbying firm upon receipt of audit information indicating a
26  possible violation other than a late-filed report. Such
27  proceedings shall be conducted pursuant to the rules of the
28  respective houses. If the committee finds that there has been
29  a violation of this section, s. 112.3148, or s. 112.3149, it
30  shall report its findings to the President of the Senate or
31  the Speaker of the House of Representatives, as appropriate,
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    SB 6-B                                         First Engrossed
 1  together with a recommended penalty, to include a fine of not
 2  more than $5,000, reprimand, censure, probation, or
 3  prohibition from lobbying for a period of time not to exceed
 4  24 months. Upon the receipt of such report, the President of
 5  the Senate or the Speaker of the House of Representatives
 6  shall cause the committee report and recommendations to be
 7  brought before the respective house and a final determination
 8  shall be made by a majority of said house.
 9         (8)(7)  Any person required to be registered or to
10  provide information pursuant to this section or pursuant to
11  rules established in conformity with this section who
12  knowingly fails to disclose any material fact required by this
13  section or by rules established in conformity with this
14  section, or who knowingly provides false information on any
15  report required by this section or by rules established in
16  conformity with this section, commits a noncriminal
17  infraction, punishable by a fine not to exceed $5,000. Such
18  penalty shall be in addition to any other penalty assessed by
19  a house of the Legislature pursuant to subsection (7)(6).
20         (9)(8)  There is hereby created the Legislative
21  Lobbyist Registration Trust Fund, to be used for the purpose
22  of funding any office established for the administration of
23  the registration of lobbyist lobbying the Legislature,
24  including the payment of salaries and other expenses, and for
25  the purpose of paying the expenses incurred by the Legislature
26  in providing services to lobbyists. The trust fund is not
27  subject to the service charge to general revenue provisions of
28  chapter 215. Fees collected pursuant to rules established in
29  accordance with subsection (2) shall be deposited into the
30  Legislative Lobbyist Registration Trust Fund.
31  
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    SB 6-B                                         First Engrossed
 1         Section 2.  Effective April 1, 2007, subsection (3) of
 2  section 11.045, Florida Statutes, as amended by this act, is
 3  amended to read:
 4         11.045  Lobbying before the Legislature; registration
 5  and reporting; exemptions; penalties.--
 6         (3)  Each house of the Legislature shall provide by
 7  rule the following reporting requirements:
 8         (a)1.  Each lobbying firm shall file a compensation
 9  report with the division for each calendar quarter during any
10  portion of which one or more of the firm's lobbyists were
11  registered to represent a principal. The report shall include
12  the:
13         a.  Full name, business address, and telephone number
14  of the lobbying firm;
15         b.  Name of each of the firm's lobbyists; and
16         c.  Total compensation provided or owed to the lobbying
17  firm from all principals for the reporting period, reported in
18  one of the following categories: $0; $1 to $49,999; $50,000 to
19  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000
20  to $999,999; $1 million or more.
21         2.  For each principal represented by one or more of
22  the firm's lobbyists, the lobbying firm's compensation report
23  shall also include the:
24         a.  Full name, business address, and telephone number
25  of the principal; and
26         b.  Total compensation provided or owed to the lobbying
27  firm for the reporting period, reported in one of the
28  following categories: $0; $1 to $9,999; $10,000 to $19,999;
29  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or
30  $50,000 or more. If the category, "$50,000 or more" is
31  
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    SB 6-B                                         First Engrossed
 1  selected, the specific dollar amount of compensation must be
 2  reported, rounded up or down to the nearest $1,000.
 3         3.  If the lobbying firm subcontracts work from another
 4  lobbying firm and not from the original principal:
 5         a.  The lobbying firm providing the work to be
 6  subcontracted shall be treated as the reporting lobbying
 7  firm's principal for reporting purposes under this paragraph;
 8  and
 9         b.  The reporting lobbying firm shall, for each
10  lobbying firm identified under subparagraph 2., identify the
11  name and address of the principal originating the lobbying
12  work.
13         4.  The senior partner, officer, or owner of the
14  lobbying firm shall certify to the veracity and completeness
15  of the information submitted pursuant to this paragraph.
16         (b)  For each principal represented by more than one
17  lobbying firm, the division shall aggregate the
18  reporting-period and calendar-year compensation reported as
19  provided or owed by the principal.
20         (c)  The reporting statements shall be filed no later
21  than 45 days after the end of each reporting period. The four
22  reporting periods are from January 1 through March 31, April 1
23  through June 30, July 1 through September 30, and October 1
24  through December 31, respectively. The statements shall be
25  rendered in the identical form provided by the respective
26  houses and shall be open to public inspection. Reporting
27  statements must may be filed by electronic means as provided
28  in s. 11.0455, when feasible.
29         (d)  Reports shall be filed not later than 5 p.m. of
30  the report due date. However, any report that is postmarked by
31  the United States Postal Service no later than midnight of the
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    SB 6-B                                         First Engrossed
 1  due date shall be deemed to have been filed in a timely
 2  manner, and a certificate of mailing obtained from and dated
 3  by the United States Postal Service at the time of the
 4  mailing, or a receipt from an established courier company
 5  which bears a date on or before the due date, shall be proof
 6  of mailing in a timely manner.
 7         (d)(e)  Each house of the Legislature shall provide by
 8  rule, or both houses may provide by joint rule, a procedure by
 9  which a lobbying firm that fails to timely file a report shall
10  be notified and assessed fines. The rule shall provide for the
11  following:
12         1.  Upon determining that the report is late, the
13  person designated to review the timeliness of reports shall
14  immediately notify the lobbying firm as to the failure to
15  timely file the report and that a fine is being assessed for
16  each late day. The fine shall be $50 per day per report for
17  each late day, not to exceed $5,000 per report.
18         2.  Upon receipt of the report, the person designated
19  to review the timeliness of reports shall determine the amount
20  of the fine due based upon the earliest of the following:
21         a.  When a report is actually received by the lobbyist
22  registration and reporting office.
23         b.  When the electronic receipt issued pursuant to s.
24  11.0455 is dated. When the report is postmarked.
25         c.  When the certificate of mailing is dated.
26         d.  When the receipt from an established courier
27  company is dated.
28         3.  Such fine shall be paid within 30 days after the
29  notice of payment due is transmitted by the Lobbyist
30  Registration Office, unless appeal is made to the division.
31  
                                  18
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    SB 6-B                                         First Engrossed
 1  The moneys shall be deposited into the Legislative Lobbyist
 2  Registration Trust Fund.
 3         4.  A fine shall not be assessed against a lobbying
 4  firm the first time any reports for which the lobbying firm is
 5  responsible are not timely filed. However, to receive the
 6  one-time fine waiver, all reports for which the lobbying firm
 7  is responsible must be filed within 30 days after notice that
 8  any reports have not been timely filed is transmitted by the
 9  Lobbyist Registration Office. A fine shall be assessed for any
10  subsequent late-filed reports.
11         5.  Any lobbying firm may appeal or dispute a fine,
12  based upon unusual circumstances surrounding the failure to
13  file on the designated due date, and may request and shall be
14  entitled to a hearing before the General Counsel of the Office
15  of Legislative Services, who shall recommend to the President
16  of the Senate and the Speaker of the House of Representatives,
17  or their respective designees, that the fine be waived in
18  whole or in part for good cause shown. The President of the
19  Senate and the Speaker of the House of Representatives, or
20  their respective designees, may concur in the recommendation
21  and waive the fine in whole or in part. Any such request shall
22  be made within 30 days after the notice of payment due is
23  transmitted by the Lobbyist Registration Office. In such case,
24  the lobbying firm shall, within the 30-day period, notify the
25  person designated to review the timeliness of reports in
26  writing of his or her intention to request a hearing.
27         6.  A lobbying firm may request that the filing of a
28  report be waived upon good cause shown, based on unusual
29  circumstances. The request must be filed with the General
30  Counsel of the Office of Legislative Services, who shall make
31  a recommendation concerning the waiver request to the
                                  19
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    SB 6-B                                         First Engrossed
 1  President of the Senate and the Speaker of the House of
 2  Representatives. The President of the Senate and the Speaker
 3  of the House of Representatives may grant or deny the request.
 4         7.  All lobbyist registrations for lobbyists who are
 5  partners, owners, officers, or employees of a lobbying firm
 6  that fails to timely pay a fine are automatically suspended
 7  until the fine is paid or waived, and the division shall
 8  promptly notify all affected principals of any suspension or
 9  reinstatement.
10         8.  The person designated to review the timeliness of
11  reports shall notify the director of the division of the
12  failure of a lobbying firm to file a report after notice or of
13  the failure of a lobbying firm to pay the fine imposed.
14         Section 3.  Effective April 1, 2007, section 11.0455,
15  Florida Statutes, is created to read:
16         11.0455  Electronic filing of compensation reports and
17  other information.--
18         (1)  As used in this section, the term "electronic
19  filing system" means an Internet system for recording and
20  reporting lobbying compensation and other required information
21  by reporting period.
22         (2)  Each lobbying firm that is required to file
23  reports with the Division of Legislative Information Services
24  pursuant to s. 11.045 must file such reports with the division
25  by means of the division's electronic filing system.
26         (3)  A report filed pursuant to this section must be
27  completed and filed through the electronic filing system not
28  later than 11:59 p.m. of the day designated in s. 11.045. A
29  report not filed by 11:59 p.m. of the day designated is a
30  late-filed report and is subject to the penalties under s.
31  11.045(3).
                                  20
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    SB 6-B                                         First Engrossed
 1         (4)  Each report filed pursuant to this section is
 2  considered to meet the certification requirements of s.
 3  11.045(3)(a)4., and as such subjects the person responsible
 4  for filing and the lobbying firm to the provisions of ss.
 5  11.045(7) and (8). Persons given a secure sign-on to the
 6  electronic filing system are responsible for protecting it
 7  from disclosure and are responsible for all filings using such
 8  credentials, unless they have notified the division that their
 9  credentials have been compromised.
10         (5)  The electronic filing system developed by the
11  division must:
12         (a)  Be based on access by means of the Internet.
13         (b)  Be accessible by anyone with Internet access using
14  standard web-browsing software.
15         (c)  Provide for direct entry of compensation-report
16  information as well as upload of such information from
17  software authorized by the division.
18         (d)  Provide a method that prevents unauthorized access
19  to electronic filing system functions.
20         (6)  Each house of the Legislature shall provide by
21  rule, or may provide by a joint rule adopted by both houses,
22  procedures to implement and administer this section,
23  including, but not limited to:
24         (a)  Alternate filing procedures in case the division's
25  electronic filing system is not operable.
26         (b)  The issuance of an electronic receipt to the
27  person submitting the report indicating and verifying the date
28  and time that the report was filed.
29         (7)  Each house of the Legislature shall provide by
30  rule that the division make all the data filed available on
31  the Internet in an easily understood and accessible format.
                                  21
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    SB 6-B                                         First Engrossed
 1  The Internet website shall also include, but not be limited
 2  to, the names and business addresses of lobbyists, lobbying
 3  firms, and principals, the affiliations between lobbyists and
 4  principals, and the classification system designated and
 5  identified by each principal pursuant to s. 11.045(2).
 6         Section 4.  Effective February 15, 2007, subsection (6)
 7  is added to section 11.40, Florida Statutes, to read:
 8         11.40  Legislative Auditing Committee.--
 9         (6)(a)  As used in this subsection, "independent
10  contract auditor" means a state-licensed certified public
11  accountant or firm with which a state-licensed certified
12  public accountant is currently employed or associated who is
13  actively engaged in the accounting profession.
14         (b)  Audits specified in this subsection cover the
15  quarterly compensation reports for the previous calendar year
16  for a random sample of 3 percent of all legislative branch
17  lobbying firms and a random sample of 3 percent of all
18  executive branch lobbying firms calculated using as the total
19  number of such lobbying firms those filing a compensation
20  report for the preceding calendar year. The committee shall
21  provide for a system of random selection of the lobbying firms
22  to be audited.
23         (c)  The committee shall create and maintain a list of
24  not less than 10 independent contract auditors approved to
25  conduct the required audits. Each lobbying firm selected for
26  audit in the random audit process may designate one of the
27  independent contract auditors from the committee's approved
28  list. Upon failure for any reason of a lobbying firm selected
29  in the random selection process to designate an independent
30  contract auditor from the committee's list within 30 calendar
31  days after being notified by the committee of its selection,
                                  22
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    SB 6-B                                         First Engrossed
 1  the committee shall assign one of the available independent
 2  contract auditors from the approved list to perform the
 3  required audit. No independent contract auditor, whether
 4  designated by the lobbying firm or by the committee, may
 5  perform the audit of a lobbying firm where the auditor and
 6  lobbying firm have ever had a direct personal relationship or
 7  any professional accounting, auditing, tax advisory, or tax
 8  preparing relationship with each other. The committee shall
 9  obtain a written, sworn certification subject to s. 837.06,
10  both from the randomly selected lobbying firm and from the
11  proposed independent contract auditor, that no such
12  relationship has ever existed.
13         (d)  Each independent contract auditor shall be engaged
14  by and compensated solely by the state for the work performed
15  in accomplishing an audit under this subsection.
16         (e)  Any violations of law, deficiencies, or material
17  misstatements discovered and noted in an audit report shall be
18  clearly identified in the audit report and be determined under
19  the rules of either house of the Legislature or under the
20  joint rules, as applicable.
21         (f)  If any lobbying firm fails to give full, frank,
22  and prompt cooperation and access to books, records, and
23  associated backup documents as requested in writing by the
24  auditor, that failure shall be clearly noted by the
25  independent contract auditor in the report of audit.
26         (g)  The committee shall establish procedures for the
27  selection of independent contract auditors desiring to enter
28  into audit contracts pursuant to this subsection. Such
29  procedures shall include, but not be limited to, a rating
30  system that takes into account pertinent information,
31  including the independent contract auditor's fee proposals for
                                  23
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    SB 6-B                                         First Engrossed
 1  participating in the process. All contracts under this
 2  subsection between an independent contract auditor and the
 3  Speaker of the House of Representatives and the President of
 4  the Senate shall be terminable by either party at any time
 5  upon written notice to the other, and such contracts may
 6  contain such other terms and conditions as the Speaker of the
 7  House of Representatives and the President of the Senate deem
 8  appropriate under the circumstances.
 9         (h)  The committee shall adopt guidelines that govern
10  random audits and field investigations conducted pursuant to
11  this subsection. The guidelines shall ensure that similarly
12  situated compensation reports are audited in a uniform manner.
13  The guidelines shall also be formulated to encourage
14  compliance and detect violations of the legislative and
15  executive lobbying compensation reporting requirements in ss.
16  11.045 and 112.3215 and to ensure that each audit is conducted
17  with maximum efficiency in a cost-effective manner. In
18  adopting the guidelines, the committee shall consider relevant
19  guidelines and standards of the American Institute of
20  Certified Public Accountants to the extent that such
21  guidelines and standards are applicable and consistent with
22  the purposes set forth in this subsection.
23         (i)  All audit reports of legislative lobbying firms
24  shall, upon completion by an independent contract auditor, be
25  delivered to the President of the Senate and the Speaker of
26  the House of Representatives for their respective review and
27  handling. All audit reports of executive branch lobbyists,
28  upon completion by an independent contract auditor, shall be
29  delivered by the auditor to the Commission on Ethics.
30         Section 5.  Section 112.3215, Florida Statutes, is
31  amended to read:
                                  24
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    SB 6-B                                         First Engrossed
 1         112.3215  Lobbying Lobbyists before the executive
 2  branch or the Constitution Revision Commission; registration
 3  and reporting; investigation by commission.--
 4         (1)  For the purposes of this section:
 5         (a)  "Agency" means the Governor, Governor and Cabinet,
 6  or any department, division, bureau, board, commission, or
 7  authority of the executive branch. In addition, "agency" shall
 8  mean the Constitution Revision Commission as provided by s. 2,
 9  Art. XI of the State Constitution.
10         (b)  "Agency official" or "employee" means any
11  individual who is required by law to file full or limited
12  public disclosure of his or her financial interests.
13         (c)  "Compensation" means a payment, distribution,
14  loan, advance, reimbursement, deposit, salary, fee, retainer,
15  or anything of value provided or owed to a lobbying firm,
16  directly or indirectly, by a principal for any lobbying
17  activity.
18         (d)(b)  "Expenditure" means a payment, distribution,
19  loan, advance, reimbursement, deposit, or anything of value
20  made by a lobbyist or principal for the purpose of lobbying. A
21  contribution made to a political party regulated under chapter
22  103 is not deemed an expenditure for purposes of this section.
23         (e)(c)  "Fund" means the Executive Branch Lobby
24  Registration Trust Fund.
25         (f)(d)  "Lobbies" means seeking, on behalf of another
26  person, to influence an agency with respect to a decision of
27  the agency in the area of policy or procurement or an attempt
28  to obtain the goodwill of an agency official or employee.
29  "Lobbies" also means influencing or attempting to influence,
30  on behalf of another, the Constitution Revision Commission's
31  action or nonaction through oral or written communication or
                                  25
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    SB 6-B                                         First Engrossed
 1  an attempt to obtain the goodwill of a member or employee of
 2  the Constitution Revision Commission.
 3         (g)  "Lobbying firm" means a business entity, including
 4  an individual contract lobbyist, that receives or becomes
 5  entitled to receive any compensation for the purpose of
 6  lobbying, where any partner, owner, officer, or employee of
 7  the business entity is a lobbyist.
 8         (h)(e)  "Lobbyist" means a person who is employed and
 9  receives payment, or who contracts for economic consideration,
10  for the purpose of lobbying, or a person who is principally
11  employed for governmental affairs by another person or
12  governmental entity to lobby on behalf of that other person or
13  governmental entity. "Lobbyist" does not include a person who
14  is:
15         1.  An attorney, or any person, who represents a client
16  in a judicial proceeding or in a formal administrative
17  proceeding conducted pursuant to chapter 120 or any other
18  formal hearing before an agency, board, commission, or
19  authority of this state.
20         2.  An employee of an agency or of a legislative or
21  judicial branch entity acting in the normal course of his or
22  her duties.
23         3.  A confidential informant who is providing, or
24  wishes to provide, confidential information to be used for law
25  enforcement purposes.
26         4.  A person who lobbies to procure a contract pursuant
27  to chapter 287 which contract is less than the threshold for
28  CATEGORY ONE as provided in s. 287.017(1)(a).
29         (i)(f)  "Principal" means the person, firm,
30  corporation, or other entity which has employed or retained a
31  lobbyist.
                                  26
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    SB 6-B                                         First Engrossed
 1         (2)  The Executive Branch Lobby Registration Trust Fund
 2  is hereby created within the commission to be used for the
 3  purpose of funding any office established to administer the
 4  registration of lobbyists lobbying an agency, including the
 5  payment of salaries and other expenses. The trust fund is not
 6  subject to the service charge to General Revenue provisions of
 7  chapter 215. All annual registration fees collected pursuant
 8  to this section shall be deposited into such fund.
 9         (3)  A person may not lobby an agency until such person
10  has registered as a lobbyist with the commission. Such
11  registration shall be due upon initially being retained to
12  lobby and is renewable on a calendar year basis thereafter.
13  Upon registration the person shall provide a statement signed
14  by the principal or principal's representative that the
15  registrant is authorized to represent the principal. The
16  principal shall also identify and designate its main business
17  on the statement authorizing that lobbyist pursuant to a
18  classification system approved by the commission. The
19  registration shall require each the lobbyist to disclose,
20  under oath, the following information:
21         (a)  Name and business address;
22         (b)  The name and business address of each principal
23  represented;
24         (c)  His or her area of interest;
25         (d)  The agencies before which he or she will appear;
26  and
27         (e)  The existence of any direct or indirect business
28  association, partnership, or financial relationship with any
29  employee of an agency with which he or she lobbies, or intends
30  to lobby, as disclosed in the registration.
31  
                                  27
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    SB 6-B                                         First Engrossed
 1         (4)  The annual lobbyist registration fee shall be set
 2  by the commission by rule, not to exceed $40 for each
 3  principal represented.
 4         (5)(a)1.  Each lobbying firm shall file a compensation
 5  report with the commission for each calendar quarter during
 6  any portion of which one or more of the firm's lobbyists were
 7  registered to represent a principal. The report shall include
 8  the:
 9         a.  Full name, business address, and telephone number
10  of the lobbying firm;
11         b.  Name of each of the firm's lobbyists; and
12         c.  Total compensation provided or owed to the lobbying
13  firm from all principals for the reporting period, reported in
14  one of the following categories: $0; $1 to $49,999; $50,000 to
15  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000
16  to $999,999; $1 million or more.
17         2.  For each principal represented by one or more of
18  the firm's lobbyists, the lobbying firm's compensation report
19  shall also include the:
20         a.  Full name, business address, and telephone number
21  of the principal; and
22         b.  Total compensation provided or owed to the lobbying
23  firm for the reporting period, reported in one of the
24  following categories: $0; $1 to $9,999; $10,000 to $19,999;
25  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or
26  $50,000 or more. If the category, "$50,000 or more" is
27  selected, the specific dollar amount of compensation must be
28  reported, rounded up or down to the nearest $1,000.
29         3.  If the lobbying firm subcontracts work from another
30  lobbying firm and not from the original principal:
31  
                                  28
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    SB 6-B                                         First Engrossed
 1         a.  The lobbying firm providing the work to be
 2  subcontracted shall be treated as the reporting lobbying
 3  firm's principal for reporting purposes under this paragraph;
 4  and
 5         b.  The reporting lobbying firm shall, for each
 6  lobbying firm identified under subparagraph 2., identify the
 7  name and address of the principal originating the lobbying
 8  work.
 9         4.  The senior partner, officer, or owner of the
10  lobbying firm shall certify to the veracity and completeness
11  of the information submitted pursuant to this paragraph, and
12  certify that no compensation has been omitted from this report
13  by deeming such compensation as "consulting services," "media
14  services," "professional services," or anything other than
15  compensation, and certify that no officer or employee of the
16  firm has made an expenditure in violation of this section.
17         (b)  For each principal represented by more than one
18  lobbying firm, the commission shall aggregate the
19  reporting-period and calendar-year compensation reported as
20  provided or owed by the principal.
21         (a)  A registered lobbyist must also submit to the
22  commission, biannually, a signed expenditure report
23  summarizing all lobbying expenditures by the lobbyist and the
24  principal for each 6-month period during any portion of which
25  the lobbyist is registered. All expenditures made by the
26  lobbyist and the principal for the purpose of lobbying must be
27  reported. Reporting of expenditures shall be on an accrual
28  basis. The report of such expenditures must identify whether
29  the expenditure was made directly by the lobbyist, directly by
30  the principal, initiated or expended by the lobbyist and paid
31  for by the principal, or initiated or expended by the
                                  29
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    SB 6-B                                         First Engrossed
 1  principal and paid for by the lobbyist. The principal is
 2  responsible for the accuracy of the expenditures reported as
 3  lobbying expenditures made by the principal. The lobbyist is
 4  responsible for the accuracy of the expenditures reported as
 5  lobbying expenditures made by the lobbyist. Expenditures made
 6  must be reported by the category of the expenditure,
 7  including, but not limited to, the categories of food and
 8  beverages, entertainment, research, communication, media
 9  advertising, publications, travel, and lodging. Lobby
10  expenditures do not include a lobbyist's or principal's
11  salary, office expenses, and personal expenses for lodging,
12  meals, and travel.
13         (b)  A principal who is represented by two or more
14  lobbyists shall designate one lobbyist whose expenditure
15  report shall include all lobbying expenditures made directly
16  by the principal and those expenditures of the designated
17  lobbyist on behalf of that principal as required by paragraph
18  (a). All other lobbyists registered to represent that
19  principal shall file a report pursuant to paragraph (a). The
20  report of lobbying expenditures by the principal shall be made
21  pursuant to the requirements of paragraph (a). The principal
22  is responsible for the accuracy of figures reported by the
23  designated lobbyist as lobbying expenditures made directly by
24  the principal. The designated lobbyist is responsible for the
25  accuracy of the figures reported as lobbying expenditures made
26  by that lobbyist.
27         (c)  For each reporting period the commission shall
28  aggregate the expenditures of all lobbyists for a principal
29  represented by more than one lobbyist. Further, the commission
30  shall aggregate figures that provide a cumulative total of
31  
                                  30
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    SB 6-B                                         First Engrossed
 1  expenditures reported as spent by and on behalf of each
 2  principal for the calendar year.
 3         (c)(d)  The reporting statements shall be filed no
 4  later than 45 days after the end of each reporting period. and
 5  shall include the expenditures for the period The four
 6  reporting periods are from January 1 through March 31 June 30,
 7  April 1 through June 30, and July 1 through September 30, and
 8  October 1 through December 31, respectively.
 9         (d)(e)  Reports shall be filed not later than 5 p.m. of
10  the report due date. However, any report that is postmarked by
11  the United States Postal Service no later than midnight of the
12  due date shall be deemed to have been filed in a timely
13  manner, and a certificate of mailing obtained from and dated
14  by the United States Postal Service at the time of the
15  mailing, or a receipt from an established courier company
16  which bears a date on or before the due date, shall be proof
17  of mailing in a timely manner.
18         (e)(f)  The commission shall provide by rule a
19  procedure by which a lobbying firm that lobbyist who fails to
20  timely file a report shall be notified and assessed fines. The
21  rule shall provide for the following:
22         1.  Upon determining that the report is late, the
23  person designated to review the timeliness of reports shall
24  immediately notify the lobbying firm lobbyist as to the
25  failure to timely file the report and that a fine is being
26  assessed for each late day. The fine shall be $50 per day per
27  report for each late day up to a maximum of $5,000 per late
28  report.
29         2.  Upon receipt of the report, the person designated
30  to review the timeliness of reports shall determine the amount
31  of the fine due based upon the earliest of the following:
                                  31
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    SB 6-B                                         First Engrossed
 1         a.  When a report is actually received by the lobbyist
 2  registration and reporting office.
 3         b.  When the report is postmarked.
 4         c.  When the certificate of mailing is dated.
 5         d.  When the receipt from an established courier
 6  company is dated.
 7         3.  Such fine shall be paid within 30 days after the
 8  notice of payment due is transmitted by the Lobbyist
 9  Registration Office, unless appeal is made to the commission.
10  The moneys shall be deposited into the Executive Branch Lobby
11  Registration Trust Fund.
12         4.  A fine shall not be assessed against a lobbying
13  firm lobbyist the first time any reports for which the
14  lobbying firm lobbyist is responsible are not timely filed.
15  However, to receive the one-time fine waiver, all reports for
16  which the lobbying firm lobbyist is responsible must be filed
17  within 30 days after the notice that any reports have not been
18  timely filed is transmitted by the Lobbyist Registration
19  Office. A fine shall be assessed for any subsequent late-filed
20  reports.
21         5.  Any lobbying firm lobbyist may appeal or dispute a
22  fine, based upon unusual circumstances surrounding the failure
23  to file on the designated due date, and may request and shall
24  be entitled to a hearing before the commission, which shall
25  have the authority to waive the fine in whole or in part for
26  good cause shown. Any such request shall be made within 30
27  days after the notice of payment due is transmitted by the
28  Lobbyist Registration Office. In such case, the lobbying firm
29  lobbyist shall, within the 30-day period, notify the person
30  designated to review the timeliness of reports in writing of
31  
                                  32
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    SB 6-B                                         First Engrossed
 1  his or her intention to bring the matter before the
 2  commission.
 3         6.  The person designated to review the timeliness of
 4  reports shall notify the commission of the failure of a
 5  lobbying firm lobbyist to file a report after notice or of the
 6  failure of a lobbying firm lobbyist to pay the fine imposed.
 7         7.  Notwithstanding any provision of chapter 120, any
 8  fine imposed under this subsection that is not waived by final
 9  order of the commission and that remains unpaid more than 60
10  days after the notice of payment due or more than 60 days
11  after the commission renders a final order on the lobbying
12  firm's lobbyist's appeal shall be collected by the Department
13  of Financial Services as a claim, debt, or other obligation
14  owed to the state, and the department may assign the
15  collection of such fine to a collection agent as provided in
16  s. 17.20.
17         (f)(g)  The commission shall adopt a rule which allows
18  reporting statements to be filed by electronic means, when
19  feasible.
20         (g)(h)  Each lobbying firm lobbyist and each principal
21  shall preserve for a period of 4 years all accounts, bills,
22  receipts, computer records, books, papers, and other documents
23  and records necessary to substantiate compensation lobbying
24  expenditures. Any documents and records retained pursuant to
25  this section may be subpoenaed for audit by the Legislative
26  Auditing Committee pursuant to s. 11.40, and such subpoena
27  inspected under reasonable circumstances by any authorized
28  representative of the commission. The right of inspection may
29  be enforced in circuit court by appropriate writ issued by any
30  court of competent jurisdiction.
31  
                                  33
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    SB 6-B                                         First Engrossed
 1         (6)(a)  Notwithstanding s. 112.3148, s. 112.3149, or
 2  any other provision of law to the contrary, no lobbyist or
 3  principal shall make, directly or indirectly, and no agency
 4  official, member, or employee shall knowingly accept, directly
 5  or indirectly, any expenditure.
 6         (b)  No person shall provide compensation for lobbying
 7  to any individual or business entity that is not a lobbying
 8  firm.
 9         (7)(6)  A lobbyist shall promptly send a written
10  statement to the commission canceling the registration for a
11  principal upon termination of the lobbyist's representation of
12  that principal. Notwithstanding this requirement, the
13  commission may remove the name of a lobbyist from the list of
14  registered lobbyists if the principal notifies the office that
15  a person is no longer authorized to represent that principal.
16  Each lobbyist is responsible for filing an expenditure report
17  for each period during any portion of which he or she was
18  registered, and each principal is responsible for seeing that
19  an expenditure report is filed for each period during any
20  portion of which the principal was represented by a registered
21  lobbyist.
22         (8)(a)(7)  The commission shall investigate every sworn
23  complaint that is filed with it alleging that a person covered
24  by this section has failed to register, has failed to submit a
25  compensation an expenditure report, or has knowingly submitted
26  false information in any report or registration required in
27  this section.
28         (b)  All proceedings, the complaint, and other records
29  relating to the investigation are confidential and exempt from
30  the provisions of s. 119.07(1) and s. 24(a), Art. I of the
31  State Constitution, and any meetings held pursuant to an
                                  34
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    SB 6-B                                         First Engrossed
 1  investigation are exempt from the provisions of s. 286.011(1)
 2  and s. 24(b), Art. I of the State Constitution either until
 3  the alleged violator requests in writing that such
 4  investigation and associated records and meetings be made
 5  public or until the commission determines, based on the
 6  investigation, whether probable cause exists to believe that a
 7  violation has occurred.
 8         (c)  The commission shall investigate any lobbying
 9  firm, agency, officer, or employee upon receipt of information
10  from a sworn complaint or from a random audit of lobbying
11  reports indicating a possible violation other than a
12  late-filed report.
13         (9)(8)  If the commission finds no probable cause to
14  believe that a violation of this section occurred, it shall
15  dismiss the complaint, whereupon the complaint, together with
16  a written statement of the findings of the investigation and a
17  summary of the facts, shall become a matter of public record,
18  and the commission shall send a copy of the complaint,
19  findings, and summary to the complainant and the alleged
20  violator. If, after investigating information from a random
21  audit of lobbying reports, the commission finds no probable
22  cause to believe that a violation of this section occurred, a
23  written statement of the findings of the investigation and a
24  summary of the facts shall become a matter of public record,
25  and the commission shall send a copy of the findings and
26  summary to the alleged violator. If the commission finds
27  probable cause to believe that a violation occurred, it shall
28  report the results of its investigation to the Governor and
29  Cabinet and send a copy of the report to the alleged violator
30  by certified mail. Such notification and all documents made or
31  received in the disposition of the complaint shall then become
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    SB 6-B                                         First Engrossed
 1  public records. Upon request submitted to the Governor and
 2  Cabinet in writing, any person whom the commission finds
 3  probable cause to believe has violated any provision of this
 4  section shall be entitled to a public hearing. Such person
 5  shall be deemed to have waived the right to a public hearing
 6  if the request is not received within 14 days following the
 7  mailing of the probable cause notification. However, the
 8  Governor and Cabinet may on its own motion require a public
 9  hearing and may conduct such further investigation as it deems
10  necessary.
11         (10)(9)  If the Governor and Cabinet finds that a
12  violation occurred, it may reprimand the violator, censure the
13  violator, or prohibit the violator from lobbying all agencies
14  for a period not to exceed 2 years. If the violator is a
15  lobbying firm, the Governor and Cabinet may also assess a fine
16  of not more than $5,000 to be deposited in the Executive
17  Branch Lobby Registration Trust Fund.
18         (11)(10)  Any person, when in doubt about the
19  applicability and interpretation of this section to himself or
20  herself in a particular context, may submit in writing the
21  facts of the situation to the commission with a request for an
22  advisory opinion to establish the standard of duty. An
23  advisory opinion shall be rendered by the commission and,
24  until amended or revoked, shall be binding on the conduct of
25  the person who sought the opinion, unless material facts were
26  omitted or misstated in the request.
27         (12)(11)  Agencies shall be diligent to ascertain
28  whether persons required to register pursuant to this section
29  have complied. An agency may not knowingly permit a person who
30  is not registered pursuant to this section to lobby the
31  agency.
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    SB 6-B                                         First Engrossed
 1         (13)(12)  Upon discovery of violations of this section
 2  an agency or any person may file a sworn complaint with the
 3  commission.
 4         (14)(13)  The commission shall adopt rules to
 5  administer this section, which shall prescribe forms for
 6  registration and compensation expenditure reports, procedures
 7  for registration, and procedures that will prevent disclosure
 8  of information that is confidential as provided in this
 9  section.
10         Section 6.  Effective April 1, 2007, subsection (5) of
11  section 112.3215, Florida Statutes, as amended by this act, is
12  amended to read:
13         112.3215  Lobbying before the executive branch or the
14  Constitution Revision Commission; registration and reporting;
15  investigation by commission.--
16         (5)(a)1.  Each lobbying firm shall file a compensation
17  report with the commission for each calendar quarter during
18  any portion of which one or more of the firm's lobbyists were
19  registered to represent a principal. The report shall include
20  the:
21         a.  Full name, business address, and telephone number
22  of the lobbying firm;
23         b.  Name of each of the firm's lobbyists; and
24         c.  Total compensation provided or owed to the lobbying
25  firm from all principals for the reporting period, reported in
26  one of the following categories: $0; $1 to $49,999; $50,000 to
27  $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000
28  to $999,999; $1 million or more.
29         2.  For each principal represented by one or more of
30  the firm's lobbyists, the lobbying firm's compensation report
31  shall also include the:
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    SB 6-B                                         First Engrossed
 1         a.  Full name, business address, and telephone number
 2  of the principal; and
 3         b.  Total compensation provided or owed to the lobbying
 4  firm for the reporting period, reported in one of the
 5  following categories: $0; $1 to $9,999; $10,000 to $19,999;
 6  $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or
 7  $50,000 or more. If the category, "$50,000 or more" is
 8  selected, the specific dollar amount of compensation must be
 9  reported, rounded up or down to the nearest $1,000.
10         3.  If the lobbying firm subcontracts work from another
11  lobbying firm and not from the original principal:
12         a.  The lobbying firm providing the work to be
13  subcontracted shall be treated as the reporting lobbying
14  firm's principal for reporting purposes under this paragraph;
15  and
16         b.  The reporting lobbying firm shall, for each
17  lobbying firm identified under subparagraph 2., identify the
18  name and address of the principal originating the lobbying
19  work.
20         4.  The senior partner, officer, or owner of the
21  lobbying firm shall certify to the veracity and completeness
22  of the information submitted pursuant to this paragraph.
23         (b)  For each principal represented by more than one
24  lobbying firm, the commission shall aggregate the
25  reporting-period and calendar-year compensation reported as
26  provided or owed by the principal.
27         (c)  The reporting statements shall be filed no later
28  than 45 days after the end of each reporting period. The four
29  reporting periods are from January 1 through March 31, April 1
30  through June 30, July 1 through September 30, and October 1
31  
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    SB 6-B                                         First Engrossed
 1  through December 31, respectively. Reporting statements must
 2  be filed by electronic means as provided in s. 112.32155.
 3         (d)  Reports shall be filed not later than 5 p.m. of
 4  the report due date. However, any report that is postmarked by
 5  the United States Postal Service no later than midnight of the
 6  due date shall be deemed to have been filed in a timely
 7  manner, and a certificate of mailing obtained from and dated
 8  by the United States Postal Service at the time of the
 9  mailing, or a receipt from an established courier company
10  which bears a date on or before the due date, shall be proof
11  of mailing in a timely manner.
12         (d)(e)  The commission shall provide by rule a
13  procedure by which a lobbying firm that fails to timely file a
14  report shall be notified and assessed fines. The rule shall
15  provide for the following:
16         1.  Upon determining that the report is late, the
17  person designated to review the timeliness of reports shall
18  immediately notify the lobbying firm as to the failure to
19  timely file the report and that a fine is being assessed for
20  each late day. The fine shall be $50 per day per report for
21  each late day up to a maximum of $5,000 per late report.
22         2.  Upon receipt of the report, the person designated
23  to review the timeliness of reports shall determine the amount
24  of the fine due based upon the earliest of the following:
25         a.  When a report is actually received by the lobbyist
26  registration and reporting office.
27         b.  When the electronic receipt issued pursuant to s.
28  112.32155 is dated. When the report is postmarked.
29         c.  When the certificate of mailing is dated.
30         d.  When the receipt from an established courier
31  company is dated.
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    SB 6-B                                         First Engrossed
 1         3.  Such fine shall be paid within 30 days after the
 2  notice of payment due is transmitted by the Lobbyist
 3  Registration Office, unless appeal is made to the commission.
 4  The moneys shall be deposited into the Executive Branch Lobby
 5  Registration Trust Fund.
 6         4.  A fine shall not be assessed against a lobbying
 7  firm the first time any reports for which the lobbying firm is
 8  responsible are not timely filed. However, to receive the
 9  one-time fine waiver, all reports for which the lobbying firm
10  is responsible must be filed within 30 days after the notice
11  that any reports have not been timely filed is transmitted by
12  the Lobbyist Registration Office. A fine shall be assessed for
13  any subsequent late-filed reports.
14         5.  Any lobbying firm may appeal or dispute a fine,
15  based upon unusual circumstances surrounding the failure to
16  file on the designated due date, and may request and shall be
17  entitled to a hearing before the commission, which shall have
18  the authority to waive the fine in whole or in part for good
19  cause shown. Any such request shall be made within 30 days
20  after the notice of payment due is transmitted by the Lobbyist
21  Registration Office. In such case, the lobbying firm shall,
22  within the 30-day period, notify the person designated to
23  review the timeliness of reports in writing of his or her
24  intention to bring the matter before the commission.
25         6.  The person designated to review the timeliness of
26  reports shall notify the commission of the failure of a
27  lobbying firm to file a report after notice or of the failure
28  of a lobbying firm to pay the fine imposed.
29         7.  Notwithstanding any provision of chapter 120, any
30  fine imposed under this subsection that is not waived by final
31  order of the commission and that remains unpaid more than 60
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    SB 6-B                                         First Engrossed
 1  days after the notice of payment due or more than 60 days
 2  after the commission renders a final order on the lobbying
 3  firm's appeal shall be collected by the Department of
 4  Financial Services as a claim, debt, or other obligation owed
 5  to the state, and the department may assign the collection of
 6  such fine to a collection agent as provided in s. 17.20.
 7         (f)  The commission shall adopt a rule which allows
 8  reporting statements to be filed by electronic means, when
 9  feasible.
10         (e)(g)  Each lobbying firm and each principal shall
11  preserve for a period of 4 years all accounts, bills,
12  receipts, computer records, books, papers, and other documents
13  and records necessary to substantiate compensation. Any
14  documents and records retained pursuant to this section may be
15  subpoenaed for audit by the Legislative Auditing Committee
16  pursuant to s. 11.40, and such subpoena may be enforced in
17  circuit court.
18         Section 7.  Effective April 1, 2007, section 112.32155,
19  Florida Statutes, is created to read:
20         112.32155  Electronic filing of compensation reports
21  and other information.--
22         (1)  As used in this section, the term "electronic
23  filing system" means an Internet system for recording and
24  reporting lobbying compensation and other required information
25  by reporting period.
26         (2)  Each lobbying firm who is required to file reports
27  with the Commission on Ethics pursuant to s. 112.3215 must
28  file such reports with the commission by means of the
29  electronic filing system.
30         (3)  A report filed pursuant to this section must be
31  completed and filed through the electronic filing system not
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    SB 6-B                                         First Engrossed
 1  later than 11:59 p.m. of the day designated in s. 112.3215. A
 2  report not filed by 11:59 p.m. of the day designated is a
 3  late-filed report and is subject to the penalties under s.
 4  112.3215(5).
 5         (4)  Each report filed pursuant to this section is
 6  considered to meet the certification requirements of s.
 7  112.3215(5)(a)4. Persons given a secure sign-on to the
 8  electronic filing system are responsible for protecting it
 9  from disclosure and are responsible for all filings using such
10  credentials, unless they have notified the commission that
11  their credentials have been compromised.
12         (5)  The electronic filing system must:
13         (a)  Be based on access by means of the Internet.
14         (b)  Be accessible by anyone with Internet access using
15  standard web-browsing software.
16         (c)  Provide for direct entry of compensation-report
17  information as well as upload of such information from
18  software authorized by the commission.
19         (d)  Provide a method that prevents unauthorized access
20  to electronic filing system functions.
21         (6)  The commission shall provide by rule procedures to
22  implement and administer this section, including, but not
23  limited to:
24         (a)  Alternate filing procedures in case the electronic
25  filing system is not operable.
26         (b)  The issuance of an electronic receipt to the
27  person submitting the report indicating and verifying the date
28  and time that the report was filed.
29         (7)  The commission shall make all the data filed
30  available on the Internet in an easily understood and
31  accessible format. The Internet web site shall also include,
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    SB 6-B                                         First Engrossed
 1  but not be limited to, the names and business addresses of
 2  lobbyists, lobbying firms, and principals, affiliations
 3  between lobbyists and principals, and the classification
 4  system designated and identified by each principal pursuant to
 5  s. 112.3215(3).
 6         Section 8.  The first compensation reports subject to
 7  the amended reporting requirements in this act must be filed
 8  by May 15, 2006, and encompass the reporting period from
 9  January 1, 2006, through March 31, 2006.
10         Section 9.  A person convicted of a felony after
11  January 1, 2006, may not be registered as a lobbyist pursuant
12  to s. 11.045 or s. 112.3125, Florida Statutes, until the
13  person:
14         (1)  Has been released from incarceration and any
15  postconviction supervision, and has paid all court costs and
16  court-ordered restitution; and
17         (2)  Has had his or her civil rights restored.
18         Section 10.  Except as otherwise expressly provided in
19  this act, this act shall take effect January 1, 2006.
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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