The proposed amendments to Chapter 34-12, F.A.C., are intended to implement Section 5, Chapter 2005-359, Laws of Florida. With its January 1, 2006 effective date, it is necessary to amend Chapter 34-12 to provide for the registration of Executive ...

RULE CHAPTER NO.: RULE CHAPTER TITLE:

34-12 Executive Branch Lobbyist Registration

RULE NOS.: RULE TITLES:

34-12.010 Purpose and Scope of Rules

34-12.015 Prohibitions

34-12.020 Definitions

34-12.100 “Lobbyist” Defined

34-12.190 Indirect Expenditures

34-12.200 Lobbyist Registration Requirements

34-12.300 Registration Forms

34-12.310 Registration Fees

34-12.320 Filing Registration Forms and Fees

34-12.330 Annual Renewals

34-12.340 Cancellation of Registration

34-12.400 Compensation Reporting Requirements

34-12.405 Penalties for Late Filing

34-12.407 Appeal of Statutory Fines: Hearings, Unusual Circumstances

34-12.420 Notification of Compensation Reporting Deadlines

34-12.430 Lobbyist’s Expenditure Reports

34-12.450 Expenditure Categories

34-12.460 Calculating Amounts of Expenditures

34-12.660 Records Retention and Inspection

PURPOSE AND EFFECT: The proposed amendments to Chapter 34-12, F.A.C., are intended to implement Section 5, Chapter 2005-359, Laws of Florida. With its January 1, 2006 effective date, it is necessary to amend Chapter 34-12 to provide for the registration of Executive Branch lobbyists, require lobbying firms to file quarterly compensation reports, provide an automatic fine process for late-filed compensation reports, and implement other statutory changes. The proposed rules will supplant the emergency rules that became effective March 17, 2006.

SUMMARY: With the enactment of Chapter 2005-359, Laws of Florida, Executive Branch lobbyists are no longer required to file bi-annual expenditure reports. Instead, lobbying firms (as defined in the statute and rule) are now required to file quarterly compensation reports, reporting compensation they received from principals in specified ranges. Thus, many of the proposed changes to Chapter 34-12 replace the term “expenditure reports” with “compensation reports,” replace “lobbyists” with “lobbying firms,” list prohibitions and definitions, and describe the process to register as an Executive Branch lobbyist and file compensation reports. Guidance is given on indirect expenditures. Rules that implement the registration process (Rules 34-12.300, 34-12.310, and 34-12.320) are repealed and combined into one rule (34-12.200), and rules that addressed expenditure reporting requirements (Rules 34-12.430, 34-12.440, and 34-12.460) are repealed and replaced with rules implementing the compensation reporting requirements. The automatic fine process for late-filed compensation reports is applied to lobbying firms (not individual lobbyists), and other proposed changes track language in Section 5, Chapter 2005-359, Laws of Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory costs was prepared.

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

SPECIFIC AUTHORITY: 112.3215 FS., 112.322(9) FS., Section 5, Chapter 2005-359, LOF.

LAW IMPLEMENTED: 112.3215 FS., Section 5, Chapter 2005-359, LOF.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 21, 2006, 8:30 a.m.

PLACE: Florida Parole Commission, Room C307 – Hearing Room A, 2601 Blairstone Road, Tallahassee, FL

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Julia Cobb Costas, Senior Attorney, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

34-12.010 Purpose and Scope of Rules.

(1) No change.

(2) The rules of this Chapter shall apply to the functions and proceedings of the Commission on Ethics under Section 112.3215, Florida Statutes, including registration of persons who lobby agencies of the Executive Branch or the Constitution Revision Commission, reports which must be filed by lobbying firms such persons and their principals, opinions which may be requested from the Commission concerning the application of Section 112.3215, Florida Statutes, and proceedings involving complaints of a violation of the provisions of Section 112.3215, Florida Statutes. The rules do not apply to any of the other functions of the Commission under Article II, Section 8, Florida Constitution, under Part III, Chapter 112, Florida Statutes, or under provisions of law other than Section 112.3215, Florida Statutes.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 1-4-94, 7-2-00,________.

 

34-12.015 Prohibitions.

(1) No lobbyist or principal shall make, directly or indirectly, and no agency official or employee shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying.

(2) No person shall provide compensation for lobbying to any individual or business entity that is not a lobbying firm.

(3) No person who is a “lobbyist” as defined in Section 112.3215(1)(h), F.S., and this Rule Chapter may lobby an agency until such person has registered as a lobbyist with the Commission.

Specific Authority 112.3215(14) FS., 112.322(9) FS., Section 5, Chapter 2005-359, LOF. Law Implemented Section 5, Chapter 2005-359, LOF. History–New________.

 

34-12.020 Definitions.

As used in this Chapter, unless the context otherwise requires:

(1) “Agency” means the Governor, Governor and Cabinet, or any department, division, bureau, board, commission, or authority of the executive branch, or the Constitution Revision Commission.

(2) “Agency official or employee” means an officer, employee, or other individual of the Executive Branch or the Constitutional Revision Commission who is required by law to file full (CE Form 6) or limited (CE Form 1) public disclosure of her or her financial interests, but does not mean officers or employees of political subdivisions of the State.

(3) “Compensation” means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any Executive Branch lobbying activity.

(4)(2) “Expenditure” means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal, directly or indirectly, for the purpose of lobbying. A contribution to a political party regulated under Chapter 103, F.S., or a contribution or an expenditure reported pursuant to Chapter 106, F.S., or its federal law counterpart, is not an expenditure for purposes of Section 112.3215, F.S. and this Rule Chapter.

(5)(3) “Governmental entity” includes water management districts, regional planning councils, community college districts, counties, municipalities, special districts, and other political subdivisions of the State.

(6)(4) “Lobbies” or “lobbying” means seeking, on behalf of another person, to influence an agency with respect to a decision of the agency in the area of policy or procurement or an attempt to obtain the goodwill of an agency official or employee.

(7) “Lobbying firm” means a business entity, including an individual contract lobbyist, that receives or becomes entitled to receive any compensation for the purpose of lobbying, where any partner, owner, officer, or employee of the business entity is a lobbyist. An association, a governmental entity, a corporation, or other business entity that does not derive compensation from principals for lobbying is not a “lobbying firm,” and neither are its employee lobbyists.

(8)(5) “Person” means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(9)(6) “Policy” means a plan or course of action which is applicable to a class of persons, proceedings, or other matters, and which is designed to influence or determine the subsequent decisions and actions of an agency, such as any plan or course of action which would constitute a “rule” as defined in Section 120.52, F.S. The term does not include the adjudication or determination of any rights, duties, or obligations of a person made on a case‑by‑case basis, such as would be involved in the issuance or denial of a license, permit, or certification or in a disciplinary action or investigation involving a person.

(10)(7) “Principal” means the person, firm, corporation, governmental entity, or other entity which has employed or retained a lobbyist. When an association has employed or retained a lobbyist, the association is the principal. The members of the association are not principals of the lobbyist merely because of their membership in the association.

(11)(8) “Procurement” means the purchase or acquisition of any property, interest in property, or services by an agency.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 1-4-94, 7-2-00,_________.

 

34-12.100 “Lobbyist” Defined.

As used in this Chapter and except as excluded in this Chapter, “lobbyist” means a person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby an agency on behalf of that other person or governmental entity.

(1) through (5) No change.

(6) The term “designated lobbyist” means a lobbyist who is appointed by the principal to file expenditure reports that include lobbying expenditures made directly by the principal.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 1-4-94, 1-1-97,________.

 

34-12.190 Indirect Expenditures.

(1) Where an expenditure is made to a person other than the agency official or employee by a lobbyist or principal, where the expenditure or the benefit of the expenditure ultimately is received by the agency official or employee, and where the expenditure is provided with the intent to benefit the agency official or employee, such expenditure will be considered a prohibited indirect expenditure to the agency official or employee.

(2) Where an expenditure or the benefit of an expenditure is made to an agency official or employee by someone other than a lobbyist or principal, but the expenditure has been provided by or paid for by a lobbyist or principal who intends thereby to benefit the agency official or employee, such expenditure will be considered a prohibited indirect expenditure to the agency official or employee.

(3) Factors which the Commission will consider in determining whether a prohibited indirect expenditure has been made include but are not limited to:

(a) The existence or nonexistence of communications by the lobbyist or principal, or by the intervening third person, indicating the lobbyist’s or principal's intent to make or convey the expenditure to the agency official or employee rather than to the intervening third person;

(b) The existence or nonexistence of any relationship between the lobbyist or principal and the third person, independent of the relationship between the lobbyist or principal and the agency official or employee, that would motivate an expenditure to the third person;

(c) The existence or nonexistence of any relationship between the third person and the agency official or employee that would motivate the expenditure;

(d) Whether the same or similar expenditures have been or are being provided to other persons having the same relationship to the lobbyist or principal as the third person;

(e) Whether, under the circumstances, the third person had full and independent decision-making authority to determine whether the agency official or employee, or another, would receive the benefit of the expenditure;

(f) Whether the third person was acting with the knowledge or consent of, or under the direction of, the lobbyist or principal;

(g) Whether there were or were intended any payments or bookkeeping transactions between the third person and the lobbyist or principal reimbursing the third person for the expenditure; and

(h) The degree of ownership or control the lobbyist or principal has over the third person.

(4) The provisions of this rule may be illustrated by the following examples:

EXAMPLE 1: A law firm which lobbies the agency of Agency Employee A (“A”) invites all of its attorneys to attend a weekend retreat. The attorneys are encouraged to bring their spouses or significant others at the firm's expense. A is married to an attorney in the firm and has been asked by her spouse to attend the retreat. The lodging, meals, and entertainment provided to A for the weekend retreat would not be considered a prohibited indirect expenditure to A because the firm’s invitation was to A’s spouse through his employment with the firm.

EXAMPLE 2: Agency Official B (“B”) hosts a turkey shoot attended by other agency officials and employees. Lobbyists who lobby the agency of B give money to a third person, who is not an agency official or employee, to pay for the food and beverages which will be served at the turkey shoot. B orders and prepares the food and beverages. The money provided to the third person by the lobbyists would be a prohibited indirect expenditure to B, because it was given with the intent of benefiting B and his guests at the turkey shoot.

EXAMPLE 3: Agency Official C (“C”) and C’s spouse have arranged to take a trip to New York City. A lobbyist who lobbies C’s agency meets with the spouse and offers her theater tickets. The lobbyist and C’s spouse know each other only through the lobbyist’s involvement with C. The theater tickets would be a prohibited indirect expenditure to C.

Specific Authority 112.3215(14) FS., 112.322(9) FS., Section 5, Chapter 2005-359, LOF. Law Implemented Section 5, Chapter 2005-359, LOF. History–New_________.

 

(Substantial rewording of Rule 34-12.200 follows. See Florida Administrative Code for present text.)

 

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 be made on CE Form 20, Executive Branch Lobbyist Registration, which requires the registrant to disclose, under oath, the following:

(a) Name, business address, and telephone number;

(b) Name and business address of each principal represented by the registrant;

(c) Name, business address, and telephone number of the lobbying firm on behalf of which the registrant is representing the principal, if any;

(d) His or her area of interest;

(e) The agencies before which he or she will appear; and

(f) The existence of any direct or indirect business association, partnership, or financial relationship with any employee of an agency which he or she lobbies, or intends to lobby.

(2) The registrant shall pay an annual registration fee of $25.00 for each principal represented, which will be deposited into the Executive Branch Lobbyist Registration Trust Fund. The fee is payable only once on a calendar year basis and there will be no charge if the lobbyist amends his or her registration to lobby additional agencies on behalf of the same principal.

(3) The registrant shall include a separate statement signed by the principal or the principal’s representative that the registrant is authorized to represent the principal. On this statement, the principal will also identify and designate its main business using the 6-digit NAICS code published in the North American Industry Classification System – United States, 2002, which is hereby incorporated by reference. Classification system information can be obtained by contacting the NAICS Association, 129 Lakeshore Drive, Rockaway, NJ 07866, or by visiting its website: www.naics.com.

(4) Any changes to the information provided on the registration form must be reported to the Commission in writing within 15 days.

(5) A person convicted of a felony after January 1, 2006 may not register as a lobbyist until:

(a) The person has been released from incarceration and any post-conviction supervision;

(b) The person has paid all court costs and court-ordered restitution; and

(c) The person has had his or her civil rights restored.

(6) In the event that a lobbyist who has registered with the Commission undertakes to represent a new principal, or to represent a principal for whom he or she previously has registered before an agency for which he or she had not registered, a new registration shall be made before lobbying the agency in behalf of that principal.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 12-6-92,_________.

 

34-12.300 Registration Forms.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 10-6-91, 1-1-97, Repealed________.

 

34-12.310 Registration Fees.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 10-6-91, 1-1-97, 11-24-97, 1-1-02, Repealed________.

 

34-12.320 Filing Registration Forms and Fees.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 7-5-92, 1-4-94, 1-1-97, Repealed _________.

 

34-12.330 Annual Renewals.

Each lobbyist must renew his or her registration to lobby an agency on behalf of a principal on a calendar year basis by filing a CE Form 20-R, Lobbyist Renewal Form, 20-R and the annual registration fee of $25.00 for each principal represented. Prior to January 1 of each year, the Commission or other office established to administer lobbyist registration will mail to each currently registered lobbyist CE Commission 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.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 10-6-91, 7-5-92, 12-6-92, 1-1-97, 11-24-97, 1-1-02,_________.

 

34-12.340 Cancellation of Registration.

The principal of a lobbyist may cancel the lobbyists registration by providing written notice to the Commission or other office established to administer lobbyist registration that the lobbyist is no longer authorized to represent that principal. A lobbyist must cancel his or her registration with the Commission or other office established to administer lobbyist registration upon termination of his or her contract or other such employment relationship with his or her principal. Such cancellation must be provided promptly by written notice to the Commission or other office established to administer lobbyist registration, and until received, the lobbying firm lobbyist will continue to be responsible for filing all required compensation expenditure reports. In the event of a cancellation before the end of the year for which the lobbyist has paid the annual registration fee, no portion of the fee will be refunded to the lobbyist.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 12-6-92, 8-7-94, 1-1-97,_________.

 

(Substantial rewording of Rule 34-12.400 follows. See Florida Administrative Code for present text.)

 

34-12.400 Compensation Expenditure Reporting Requirements.

(1) Each lobbying firm shall file a CE Form 24, Executive Branch Quarterly Compensation Report, with the Commission on Ethics for each calendar quarter during any portion of which one or more of the firm’s lobbyists were registered to represent a principal. The Quarterly Compensation Report shall include:

(a) Full name, business address, and telephone number of the lobbying firm;

(b) Name of each of the firm’s lobbyists; and

(c) Total compensation provided or owed to the lobbying firm from all principals for the reporting period, reported in one of the following categories:

1. - 0 -

2. $1 to $49,999

3. $50,000 to $99,999

4. $100,000 to $249,999

5. $250,000 to $499,999

6. $500,000 to $999,999

7. $1 million or more

(2) For each principal represented by the lobbying firm’s lobbyists, the Quarterly Compensation Report shall also include:

(a) Full name, business address, and telephone number of the principal;

(b) Total compensation provided or owed to the lobbying firm for the reporting period, reported in one of the following categories:

1. - 0 -

2. $1 to $9,999

3. $10,000 to $19,999

4. $20,000 to $29,999

5. $30,000 to $39,999

6. $40,000 to $49,999

7. $50,000 or more. When this category is selected, the specific dollar amount of the compensation must be reported, rounded up or down to the nearest $1,000.

(c) For lobbying work subcontracted from another lobbying firm and not directly from the principal originating the work, the employing lobbying firm shall be treated as the reporting lobbying firm’s principal, but the name and address of the principal originating the work shall also be provided.

(3) Compensation “provided or owed” shall be reported using the accrual basis of accounting.

(4) The senior partner, officer, or owner of the lobbying firm filing the Quarterly Compensation Report shall certify:

(a) To the veracity and completeness of the information submitted on the Quarterly Compensation Report;

(b) That no compensation has been omitted from the Quarterly Compensation Report by deeming such compensation as “consulting services,” “media services,” “professional services,” or anything other than compensation; and

(c) That no officer or employee of the lobbying firm has made an expenditure in violation of Section 112.3215, F.S., as amended by Chapter 2005-359, L.O.F.

(5) For each principal represented by two or more lobbying firms, the Commission shall aggregate quarterly and annually the compensation reported as provided or owed to lobbying firms by the principal by aggregating the reported ranges and specific dollar amounts.

(6) A Quarterly Compensation Report must be filed no later than 5:00 p.m. of the report due date. However, any report that is postmarked by the United States Postal Service no later than midnight of the due date shall be deemed to have been filed in a timely manner. A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt from an established courier company which bears a date on or before the due date, shall also be proof of mailing in a timely manner.

(7) When it becomes feasible for the Commission, Quarterly Compensation Reports may be filed by electronic means.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359 2000-232, LOF. History–New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 1-1-97, 12-21-00,________.

 

34-12.405 Penalties for Late Filing.

(1) Upon determining that a Quarterly Compensation Report report is late, the person designated to review the timeliness of reports shall notify the lobbying firm lobbyist of its the lobbyist’s failure to timely file the report and that a fine is being assessed for each late day. The fine shall be $50 per day per report for each late day up to a maximum of $5,000 per late report.

(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;

(b) 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) After the person designated to review the timeliness of reports has calculated the amount of the fine that has been assessed against a lobbying firm lobbyist, the lobbying firm lobbyist will be notified of the amount of the payment due.

(4) Such fine shall be paid within 30 days after the notice of payment due is transmitted by the lobbyist registration office, unless appeal is made to the Commission. The moneys shall be deposited into the Executive Branch Lobby Registration Trust Fund.

(5) A fine shall not be assessed against a lobbying firm lobbyist the first time any reports for which the lobbying firm lobbyist is responsible are not timely filed. However, to receive the one-time fine waiver, all reports for which the lobbying firm lobbyist is responsible must be filed within 30 days after the notice that any reports have not been timely filed is transmitted by the lobbyist registration office. A fine shall be assessed for any subsequent late-filed reports.

(6) The person designated to review the timeliness of reports shall notify the Commission of the failure of a lobbying firm lobbyist to file a report after notice or of the failure of a lobbying firm lobbyist to pay the fine imposed.

(7) Fines imposed by the Commission that remain unpaid 60 days after the notice of payment due is transmitted or 60 days after the Commission renders its final order shall be transmitted to the Department of Financial Services Banking and Finance for collection.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215, FS, Section 5, Chapter 2005-359, LOF. History–New 1-1-97, Amended 11-24-97, 12-21-00,________.

 

34-12.407 Appeal of Statutory Fines: Hearings, Unusual Circumstances.

(1) A lobbying firm lobbyist wishing to appeal or dispute a fine imposed in accordance with Section 112.3215(5)(f), Florida Statutes, shall file with the Commission on Ethics a notice of appeal within 30 days of the date the notice of payment due is transmitted by the lobbyist registration office, setting out with specificity the unusual circumstances surrounding the failure to file on the designated due date. The notice of appeal may be accompanied by any documentation or evidence supporting the claim.

(2) No change.

(3) A lobbying firm lobbyist desiring a hearing before the Commission shall include in the notice of appeal a separate request for hearing. If no request for hearing is included in the notice of appeal, the Commission’s determination shall be based on the notice and any supporting information and shall be final agency action. If a separate request for hearing is included in the notice, notice of hearing shall be provided and the Commission’s determination after hearing shall be final agency action. Failure to appear in accordance with the notice of hearing shall constitute a waiver of such entitlement, and the Commission shall dispose of the case on the written record before it.

(4) No change.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 1-1-97, Amended 12-21-00, _______.

 

34-12.420 Notification of Compensation Expenditure Reporting Deadlines.

Following each quarterly semiannual reporting period, the Commission or other office established to administer lobbyist registration will send to each lobbying firm that has one or more currently registered lobbyists a copy of CE Commission Form 24 22 together with a notice stating that the form must be filed on or before the specified date.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359 2000-232, LOF. History–New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 8-7-94, 1-1-97, 12-21-00,_______.

 

34-12.430 Lobbyist’s Expenditure Reports.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS., Chapter 2000-232, LOF. History–New 1-4-94, Amended 1-1-97, 11-24-97, 12-21-00, Repealed_______.

 

34-12.450 Expenditure Categories.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS. History–New 1-4-94, Amended 12-21-00, Repealed________ .

 

34-12.460 Calculating Amounts of Expenditures.

Specific Authority 112.3215 FS., 112.322(10) FS. Law Implemented 112.3215 FS. History–New 1-4-94, Repealed________.

 

34-12.660 Records Retention and Inspection.

(1) Each lobbyist, each lobbying firm, and each principal shall preserve for a period of 4 years all accounts, bills, receipts, computer records, books, papers, and other documents and records necessary to substantiate lobbying compensation expenditures.

(2) Upon receipt of a sworn complaint received pursuant to Rule 34-12.700 and a determination by the Executive Director finding that the complaint is sufficient to invoke the jurisdiction of the Commission, records retained pursuant to Section 112.3215, F.S., and this Rule Chapter may be inspected under reasonable circumstances by any authorized representative of the Commission.

(2)(3) Any documents and records retained pursuant to Section 112.3215, F.S., may be subpoenaed for audit by the Legislative Auditing Committee pursuant to Section 11.40, F.S., and such subpoena The right of inspection may be enforced in circuit court by appropriate writ issued by any court of competent jurisdiction.

Specific Authority 112.3215 FS., 112.322(9)(10) FS., Section 5, Chapter 2005-359, LOF. Law Implemented 112.3215 FS., Section 5, Chapter 2005-359, LOF. History–New 1-4-94, Amended_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julia Cobb Costas, Senior Attorney

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006