Florida Blog Registration

There's a proposed bill to require bloggers to register and self report monthly to the state if they are are blogging about the governor, attorney general, or other members of the Florida executive cabinet or legislature.

Not a law yet, but a bill. Here's the pertinent section:

 Section 3. Section 286.31, Florida Statutes, is created to
  137  read:
  138         286.31 Blogger registration and reporting.—
  139         (1) As used in this section, the term:
  140         (a) “Blog” means a website or webpage that hosts any
  141  blogger and is frequently updated with opinion, commentary, or
  142  business content. The term does not include the website of a
  143  newspaper or other similar publication.
  144         (b) “Blogger” means any person as defined in s. 1.01(3)
  145  that submits a blog post to a blog which is subsequently
  146  published.
  147         (c) “Blog post” is an individual webpage on a blog which
  148  contains an article, a story, or a series of stories.
  149         (d) “Compensation” includes anything of value provided to a
  150  blogger in exchange for a blog post or series of blog posts. If
  151  not provided in currency, it must be the fair-market value of
  152  the item or service exchanged.
  153         (e) “Elected state officer” means the Governor, the
  154  Lieutenant Governor, a Cabinet officer, or any member of the
  155  Legislature.
  156         (f) “Office” means, in the context of a blog post about a
  157  member of the Legislature, the Office of Legislative Services
  158  or, in the context of a blog post about a member of the
  159  executive branch, the Commission on Ethics, as applicable.
  160         (2) If a blogger posts to a blog about an elected state
  161  officer and receives, or will receive, compensation for that
  162  post, the blogger must register with the appropriate office, as
  163  identified in paragraph (1)(f), within 5 days after the first
  164  post by the blogger which mentions an elected state officer.
  165         (3)(a) Upon registering with the appropriate office, a
  166  blogger must file monthly reports on the 10th day following the
  167  end of each calendar month from the time a blog post is added to
  168  the blog, except that, if the 10th day following the end of a
  169  calendar month occurs on a Saturday, Sunday, or legal holiday,
  170  the report must be filed on the next day that is not a Saturday,
  171  Sunday, or legal holiday.
  172         (b) If the blogger does not have a blog post on a blog
  173  during a given month, the monthly report for that month does not
  174  need to be filed.
  175         (c) The blogger must file reports with the appropriate
  176  office using the electronic filing system:
  177         1. As provided in s. 11.0455 if the blog post concerns an
  178  elected member of the Legislature; or
  179         2. As provided in s. 112.32155 if the blog post concerns an
  180  officer of the executive branch.
  181         (d) The reports must include all of the following:
  182         1. The individual or entity that compensated the blogger
  183  for the blog post.
  184         2. The amount of compensation received from the individual
  185  or entity, regardless of how the compensation was structured.
  186         a. The amount must be rounded to the nearest $10 increment.
  187         b. If the compensation is for a series of blog posts or for
  188  a defined period of time, the blogger must disclose the total
  189  amount to be received upon the first blog post being published.
  190  Thereafter, the blogger must disclose the date or dates
  191  additional compensation is received, if any, for the series of
  192  blog posts.
  193         3. The date the blog post was published. If the blog post
  194  is part of a series, the date each blog post is published must
  195  be included in the applicable report.
  196         4. The website and website address where the blog post can
  197  be found.
  198         (4) Notwithstanding any other law, a magistrate is
  199  authorized to enter a final order in determination of the
  200  reasonableness of circumstances for an untimely filing of a
  201  required report and the amount of a fine, if any.
  202         (5) Each house of the Legislature and the Commission on
  203  Ethics shall adopt by rule, for application to bloggers, the
  204  same procedure by which lobbyists are notified of the failure to
  205  timely file a report and the amount of the assessed fines. The
  206  rule must also provide for, but need not be limited to, the
  207  following provisions:
  208         (a) A fine of $25 per day per report for each day late, not
  209  to exceed $2,500 per report.
  210         (b) Upon receipt of an untimely filed report, the amount of
  211  the fine must be based upon the earlier of the following:
  212         1. The date and time that the untimely report is actually
  213  received by the office.
  214         2. The date and time on the electronic receipt issued
  215  pursuant to s. 11.0455 or s. 112.32155.
  216         (c) The fine must be paid within 30 days after the notice
  217  of payment due is transmitted, unless an appeal is filed with
  218  the office. The fine amount must be deposited into:
  219         1. If the report in question relates to a post about a
  220  member of the Legislature, the Legislative Lobbyist Registration
  221  Trust Fund;
  222         2. If the report in question relates to a post about a
  223  member of the executive branch, the Executive Branch Lobby
  224  Registration Trust Fund; or
  225         3. If the report in question relates to a post about
  226  members of both the Legislature and the executive branch, the
  227  lobbyist registration trust funds identified in subparagraphs 1.
  228  and 2., in equal amounts.
  229         (d) A fine may not be assessed against a blogger the first
  230  time a report for which the blogger is responsible is not timely
  231  filed. However, to receive this one-time fine waiver, all
  232  untimely filed reports for which the blogger remains responsible
  233  for filing must be filed with the office within 30 days after
  234  the notice of untimely filing was transmitted to the blogger. A
  235  fine must be assessed for any subsequent late-filed reports.
  236         (e) The blogger is entitled to appeal a fine, based upon
  237  reasonable circumstances surrounding the failure to file by the
  238  designated date, by making a written request to the office for a
  239  hearing before the magistrate from the Second Judicial Circuit.
  240  Any such request must be made within 30 days after the notice of
  241  payment due is transmitted to the blogger. The office shall
  242  transmit all such timely, written requests to the chief judge of
  243  the Second Judicial Circuit along with the evidence the office
  244  relied on in assessing the fine. The magistrate, after holding a
  245  hearing, shall render a final order, upholding the fine or
  246  waiving it in full or in part.
  247         (f) A blogger may request that the filing of a report be
  248  waived upon good cause shown based on reasonable circumstances.
  249  The request must be filed with the office, which may grant or
  250  deny the request.
  251         (g) Fines that remain unpaid for a period in excess of 100
  252  days after final determination are eligible for recovery through
  253  the courts of this state.
  254         Section 4. This act shall take effect upon becoming a law.