APPARENTLY, NOT ALL FLORIDA REPUBLICANS ARE PATRIOTS
What can be said about Republican State Senator Jason Brodeur, who introduced a bill, SB 1316: Information Dissemination, requiring bloggers who write about Florida government officials for pay to register with the Florida Office of Legislative Services or the Commission on Ethics. or face fines?
This looks like a prank gone wrong as the bill is clearly and indisputably unconstitutional as it interferes with free speech and appears to be absolutely insane. But it is real, as Brodeur said of his bill, “Paid bloggers are lobbyists who write instead of talk. They both are professional electioneers. If lobbyists have to register and report, why shouldn’t paid bloggers?”
Brodeur should know better as he touts his experience with the Seminole Chamber of Commerce, “I’m proud of my record of defending Central Florida’s small businesses."
There appears to be a Republican turd in the Florida State Legislature. Or the recipient of some vicious attacks by bloggers.
What the hell could he be thinking?
We are so screwed.
SB 1316: Information Dissemination
GENERAL BILL by Brodeur
Be It Enacted by the Legislature of the State of Florida:
286.31 Blogger registration and reporting.—
(1) As used in this section, the term:
(a) “Blog” means a website or webpage that hosts any blogger and is frequently updated with opinion, commentary, or business content. The term does not include the website of a newspaper or other similar publication.
(b) “Blogger” means any person as defined in s. 1.01(3) that submits a blog post to a blog which is subsequently published.
(c) “Blog post” is an individual webpage on a blog which contains an article, a story, or a series of stories.
(d) “Compensation” includes anything of value provided to a blogger in exchange for a blog post or series of blog posts. If not provided in currency, it must be the fair-market value of the item or service exchanged.
(e) “Elected state officer” means the Governor, the Lieutenant Governor, a Cabinet officer, or any member of the Legislature.
(f) “Office” means, in the context of a blog post about a member of the Legislature, the Office of Legislative Services or, in the context of a blog post about a member of the executive branch, the Commission on Ethics, as applicable.
(2) If a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office, as identified in paragraph (1)(f), within 5 days after the first post by the blogger which mentions an elected state officer.
(3) (a) Upon registering with the appropriate office, a blogger must file monthly reports on the 10th day following the end of each calendar month from the time a blog post is added to the blog, except that, if the 10th day following the end of a calendar month occurs on a Saturday, Sunday, or legal holiday, the report must be filed on the next day that is not a Saturday, Sunday, or legal holiday.
(b) If the blogger does not have a blog post on a blog during a given month, the monthly report for that month does not need to be filed.
(c) The blogger must file reports with the appropriate office using the electronic filing system:
1. As provided in s. 11.0455 if the blog post concerns an elected member of the Legislature; or
2. As provided in s. 112.32155 if the blog post concerns an officer of the executive branch.
(d) The reports must include all of the following:
1. The individual or entity that compensated the blogger for the blog post.
2. The amount of compensation received from the individual or entity, regardless of how the compensation was structured.
a. The amount must be rounded to the nearest $10 increment.
b. If the compensation is for a series of blog posts or for a defined period of time, the blogger must disclose the total amount to be received upon the first blog post being published. Thereafter, the blogger must disclose the date or dates additional compensation is received, if any, for the series of blog posts.
3. The date the blog post was published. If the blog post is part of a series, the date each blog post is published must be included in the applicable report.
4. The website and website address where the blog post can be found.
(4) Notwithstanding any other law, a magistrate is authorized to enter a final order in determination of the reasonableness of circumstances for an untimely filing of a required report and the amount of a fine, if any.
(5) Each house of the Legislature and the Commission on Ethics shall adopt by rule, for application to bloggers, the same procedure by which lobbyists are notified of the failure to timely file a report and the amount of the assessed fines. The rule must also provide for, but need not be limited to, the following provisions:
(a) A fine of $25 per day per report for each day late, not to exceed $2,500 per report.
(b) Upon receipt of an untimely filed report, the amount of the fine must be based upon the earlier of the following:
1. The date and time that the untimely report is actually received by the office.
2. The date and time on the electronic receipt issued pursuant to s. 11.0455 or s. 112.32155.
(c) The fine must be paid within 30 days after the notice of payment due is transmitted, unless an appeal is filed with the office. The fine amount must be deposited into:
1. If the report in question relates to a post about a member of the Legislature, the Legislative Lobbyist Registration Trust Fund;
2. If the report in question relates to a post about a member of the executive branch, the Executive Branch Lobby Registration Trust Fund; or
3. If the report in question relates to a post about members of both the Legislature and the executive branch, the lobbyist registration trust funds identified in subparagraphs 1. and 2., in equal amounts.
(d) A fine may not be assessed against a blogger the first time a report for which the blogger is responsible is not timely filed. However, to receive this one-time fine waiver, all untimely filed reports for which the blogger remains responsible for filing must be filed with the office within 30 days after the notice of untimely filing was transmitted to the blogger. A fine must be assessed for any subsequent late-filed reports.
(e) The blogger is entitled to appeal a fine, based upon reasonable circumstances surrounding the failure to file by the designated date, by making a written request to the office for a hearing before the magistrate from the Second Judicial Circuit. Any such request must be made within 30 days after the notice of payment due is transmitted to the blogger. The office shall transmit all such timely, written requests to the chief judge of the Second Judicial Circuit along with the evidence the office relied on in assessing the fine. The magistrate, after holding a hearing, shall render a final order, upholding the fine or waiving it in full or in part.
(f) A blogger may request that the filing of a report be waived upon good cause shown based on reasonable circumstances. The request must be filed with the office, which may grant or deny the request.
(g) Fines that remain unpaid for a period in excess of 100 days after final determination are eligible for recovery through the courts of this state.
Effective Date: Upon becoming a law
“Nullius in verba.”-- take nobody's word for it!
“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw
“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell
“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar
“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS