The purpose of the proposed new rules is to update information regarding lobbyist registration via electronic means, lobbyist renewal of registrations via electronic means, to provide the name and location of the electronic database to be used for ...

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-12.200Registration Requirements

34-12.210Effective Date of Registration

34-12.330Annual Renewals

34-12.400Compensation Reporting Requirements

34-12.405Penalties for Late Filing

34-12.420Notification of Compensation Reporting Deadlines

PURPOSE AND EFFECT: The purpose of the proposed new rules is to update information regarding lobbyist registration via electronic means, lobbyist renewal of registrations via electronic means, to provide the name and location of the electronic database to be used for filing executive branch quarterly compensation reports, to update information pertaining to penalties for late filing executive branch quarterly compensation reports, and to update and re-adopt the forms adopted by reference in Chapter 34-12, F.A.C., to address changes necessary to comport with the new electronic database.

SUMMARY: This rulemaking amends Rule 34-12.200, F.A.C., to add references to and the location of the Lobbyist Registration and Compensation Reporting system enabling lobbyists to register via electronic means and to update and readopt CE Form 20 – Executive Branch Lobbying Registration Form; amends Rule 34-12.210, F.A.C., to add references to and the location of the Lobbyist Registration and Compensation Reporting system enabling lobbyists to register via electronic means and to update information regarding the effective date of registration; amends Rule 34-12.330, F.A.C., to add references to and the location of the Lobbyist Registration and Compensation Reporting system enabling lobbyists to renew registrations via electronic means and to update and readopt the CE Form 20-R-Executive Branch Lobbyist Registration Renewal Form; amends Rule 34-12.400, F.A.C., to add references to and the location of the Lobbyist Registration and Compensation Reporting system to be used for the electronic filing of Executive Branch Quarterly Compensation reports; amends Rule 34-12.405, F.A.C., to amend and update the provisions governing the timeliness of Executive Branch Quarterly Compensation report filings; and amends Rule 34-12.420, F.A.C., to update information concerning the notice provided to firms regarding dates for filing Executive Branch Quarterly Compensation reports.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.322(9), 112.3215, 112.32155 FS.

LAW IMPLEMENTED: 112.3215 and 112.32155 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Caroline Klancke, Attorney, Commission on Ethics

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-12.200 Lobbyist Registration Requirements.

(1) A person who is a “lobbyist” as defined in Section 112.3215(1)(h), F.S., and this rule chapter may not lobby an agency until he or she has registered as a lobbyist with the Commission. Registration shall may be made by electronic means at www.floridalobbyist.gov or on CE Form 20, Executive Branch Lobbyist Registration., which Registration shall requires the registrant to disclose, under oath, the following:

(a) through (f) No change.

(2) through (6) No change.

(7) Registration by electronic means may be made via the Lobbyist Registration and Compensation Reporting system available at www.floridalobbyist.gov or by using CE Form 20, Executive Branch Lobbyist Registration, Effective 1/2015 1/2013 http://www.flrules.org/Gateway/reference.asp?No=Ref____02092. To be utilized by lobbyists to register as an Executive Branch lobbyist. The CE Form 20 This form and instructions may be obtained without cost from the Lobbyist Registration Office, 111 West Madison Street, Room G-68, Tallahassee, Florida 32399, Telephone [phone], or downloaded at: www.leg.state.fl.us/Lobbyist.

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 12-6-92, 6-15-06, 8-18-10, 8-18-10, 1-1-13,__________.

 

34-12.210 Effective Date of Registration.

A lobbyist’s registration to lobby a particular agency in on behalf of a particular client shall be effective upon completion of the registration process provided by the Lobbyist Registration and Compensation Reporting system available at www.floridalobbyist.gov or receipt by the Commission or other office established to administer lobbyist registration of the completed registration form prescribed identified in Rule 34-12.200300, F.A.C., submission of a statement signed by the principal or principal’s representative providing that the registrant is authorized to represent the principal, and payment of the annual lobbyist registration fee., or, if If the lobbyist already has registered to lobby another agency in behalf of a client and has paid the annual fee, receipt of an updated registration form describing the additional agency or agencies, as appropriate.

Rulemaking Authority 112.3215, 112.322(9), 120.53 FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 10-6-91, 7-5-92, 12-6-92,__________.

 

34-12.330 Annual Renewals.

(1) Each lobbyist must renew his or her registration to lobby an agency on behalf of a principal on a calendar year basis by electronic means at www.floridalobbyist.gov or by filing a CE Form 20-R, Lobbyist Renewal Form, and payment of the annual registration fee of $25.00 for each principal represented. Prior to January 1 of each year, the Commission will mail to each currently registered lobbyist CE Form 20-R, together with a notice which states that the lobbyist must renew his or her registration of those principals the lobbyist continues to represent before agencies of the executive branch by filing the form and paying the annual registration fee.

(2) CE Form 20-R, Executive Branch Lobbyist Renewal, effective 1/2015 1/2013 http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02093 or by electronic means via the Lobbyist Registration and Compensation Reporting system available at www.floridalobbyist.gov. To be utilized by lobbyists to renew their annual registration as an Executive Branch lobbyist. The CE Fform 20-R is generated by the Lobbyist Registration Office and mailed to registered lobbyists prior to January 1 of each year. Examples of the form may be obtained without cost from the Lobbyist Registration Office, 111 West Madison Street, Room G-68, Tallahassee, Florida 32399, Telephone [phone].

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 10-6-91, 7-5-92, 12-6-92, 1-1-97, 11-24-97, 1-1-02, 6-15-06, 8-18-10, 1-1-13,__________.

 

34-12.400 Compensation Reporting Requirements.

(1) through (6) No change.

(7) CE Form 24, Executive Branch Quarterly Compensation Report. Effective 6/2006. CE Form 24 must be created and submitted through the Lobbyist Registration and Compensation Reporting system Lobbyist Registration Office’s Electronic Filing System, not later than 11:59 p.m. Eastern on the date of the filing deadline. Proof of electronic filing will be by electronic receipt indicating the date and time that the report was submitted. The Lobbyist Registration and Compensation Reporting system Lobbyist Registration Office’s Electronic Filing System may be accessed at www.floridalobbyist.gov. http://olcr.leg.state.fl.us. Examples of the form may be obtained without cost from the Lobbyist Registration Office, 111 West Madison Street, Room G-68, Tallahassee, Florida 32399, Telephone [phone].

Rulemaking Authority 112.3215, 112.32155, 112.322(9) FS. Law Implemented 112.3215, 112.32155 FS. History–New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 1-1-97, 12-21-00, 6-15-06, 8-18-10,__________.

34-12.405 Penalties for Late Filing.

(1) No change.

(2) Upon receipt of the late-filed report, the person designated to review the timeliness of reports shall determine the amount of the fine due based upon the earliest of the following:

(a) When a report is actually received by the lobbyist registration and reporting office; or

(b) When the electronic receipt issued pursuant to Section 112.32155, F.S., is dated. When the report is postmarked;

(c) When the certificate of mailing is dated; or

(d) When the receipt from an established courier company is dated.

(3) through (7) No change.

Specific Authority 112.3215, 112.322(9) FS., Section 5, Chapter 2005-359, Laws of Florida. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, Laws of Florida. History–New 1-1-97, Amended 11-24-97, 12-21-00, 6-15-06,__________.

 

34-12.420 Notification of Compensation Reporting Deadlines.

Following each quarterly reporting period, the Commission will send to each lobbying firm that has one or more currently registered lobbyists a copy of CE Form 24 together with a notice stating that a compensation report the form must be filed on or before the specified date.

Specific Authority 112.3215, 112.322(9) FS., Section 5, Chapter 2005-359,  Laws of Florida. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, Laws of Florida. History–New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 8-7-94, 1-1-97, 12-21-00, 6-15-06,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Caroline Klancke, Attorney, Commission on Ethics

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Virlindia Doss, Executive Director, Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 4, 2014

DATE NOTICES OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 23, 2014 & October 21, 2014