210313, 34-12.190 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 210313

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

EXECUTIVE BRANCH LOBBYIST REGISTRATION

Overview

RULE:

34-12.190	Indirect Expenditures
34-12.200	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:

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 Rules that implement the registration process (Rules 34-12.300, 34-12.310, and 34-12.320) are repealed and combined into one rule (34-12.200), and rules that addressed expenditure reporting requirements (Rules 34-12.430, 34-12.440, and 34-12.460) are repealed and replaced with rules implementing the compensation reporting requirements.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.

RULEMAKING AUTHORITY:

112.3215 FS., 112.322(9) FS., Section 5, Chapter 2005-359, LOF F.

LAW:

112.3215 FS., Section 5, Chapter 2005-359, LOF F.

PRINT PUBLISH DATE:

3/24/2006 Vol. 32/12

COMMENTS:

From 3/24/2006 To 4/14/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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