The proposed amendments to Chapter 34-12, F.A.C., are intended to adopt the forms used by Executive Branch lobbyists and lobbying firms in Chapter 34-12, F.A.C., rather than in Chapter 34-7, F.A.C., where other Commission forms are listed.

 

COMMISSION ON ETHICS

RULE NO: RULE TITLE
34-12.200: Registration Requirements
34-12.330: Annual Renewals
34-12.400: Compensation Reporting Requirements
PURPOSE AND EFFECT: The proposed amendments to Chapter 34-12, F.A.C., are intended to adopt the forms used by Executive Branch lobbyists and lobbying firms in Chapter 34-12, F.A.C., rather than in Chapter 34-7, F.A.C., where other Commission forms are listed.
SUMMARY: Chapter 34-12, F.A.C., is being amended to adopt by reference the forms used to register as an Executive Branch lobbyist (CE Form 20), to renew the annual registration as an Executive Branch lobbyist (CE Form 20-R), and for lobbying firms to file the quarterly compensation report (CE Form 24). The requirement on the instructions for the CE Form 20 that the original signature of the principal or the principal's representative is required, is being deleted to make registration similar to that of the Legislature’s lobbyist registration process. The amendments also update the reference to the North American Industry Classification System – United States, 2007, as the appropriate version of the 6-digit NAICS that principals should use to identify and designate their main business, and notes that Section 112.32155, Florida Statutes, requires lobbying firms to create and submit their quarterly compensation reports (CE Form 24) through the Lobbyist Registration Office’s Electronic Filing System.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. 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.
SPECIFIC AUTHORITY: 112.3215, 112.32155, 112.322(9) FS., Section 5, Chapter 2005-359, LOF.
LAW IMPLEMENTED: 112.3215, 112.32155 FS., Section 5, Chapter 2005-359, LOF.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 16, 2010, 9:00 a.m.
PLACE: Senate Office Building, Room 37S, 404 South Monroe Street, Tallahassee, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julia Cobb Costas, Assistant General Counsel, Florida Commission on Ethics, telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

34-12.200 Lobbyist Registration Requirements.

(1) through (2) No change.

(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, 2007 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) through (6) No change.

(7) CE Form 20, Executive Branch Lobbyist Registration. Effective 9/2010. To be utilized by lobbyists to register as an Executive Branch lobbyist. 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 Specific Authority 112.3215, 112.322(9) 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, 6-15-06,_________.

 

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 filing a CE Form 20-R, Lobbyist Renewal Form and 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 6/2006. To be utilized by lobbyists to renew their annual registration as an Executive Branch lobbyist. The form 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 Specific Authority 112.3215, 112.322(9) 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, 6-15-06,________.

 

34-12.400 Compensation 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. Pursuant to Section 112.32155, Florida Statutes, compensation reports must be filed electronically. 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) 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 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 Office’s Electronic Filing System may be accessed at 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]. 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.

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

Rulemaking Specific Authority 112.3215, 112.32155, 112.322(9) FS., Section 5, Chapter 2005-359, L.O.F. Law Implemented 112.3215, 112.32155 FS., Section 5, Chapter 2005-359, LOF. History–New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 1-1-97, 12-21-00, 6-15-06,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julia Cobb Costas, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Philip C. Claypool, Executive Director and General Counsel

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010