RULE NO: RULE TITLE
34-12.020: Definitions
34-12.400: Expenditure Reporting Requirements
34-12.405: Penalties for Late Filing
34-12.407: Appeal of Statutory Fines: Hearings, Unusual Circumstances

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.12, March 24, 2006 issue of the Florida Administrative Weekly.

Rule 34-12.020(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 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 considered to be a "lobbying firm."

Rule 34-12.400(4)  Compensation provided or owed for lobbying activities as defined in Rule 34-12.020(6) and as described in Rule 34-12.160 should be reported.  Compensation provided or owed for activities that are excluded, as provided in Rules 34-12.110, 34-12.120, and  34-12.130, and as described in Rule 34-12.170 is not required to be reported.

Renumber subsections 34-12.400(4) through (7) as 34-12.400(5) through (8). 

 

Rule 34-12.405(1)  Upon determining that a Quarterly Compensation Report is late, the person designated to review the timeliness of reports shall immediately notify the lobbying firm of its 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.

Rule 34-12.407(1)  A lobbying firm wishing to appeal or dispute a fine imposed in accordance with Section 112.3215(5)(e)5. 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.