Bill Text: FL S1702 | 2019 | Regular Session | Introduced
Bill Title: Ethics Reform
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Ethics and Elections [S1702 Detail]
Download: Florida-2019-S1702-Introduced.html
Florida Senate - 2019 SB 1702
By Senator Baxley
12-01451-19 20191702__
1 A bill to be entitled
2 An act relating to ethics reform; repealing s. 11.061,
3 F.S., relating to state, state university, and
4 community college employee lobbyists; creating s.
5 106.114, F.S.; providing definitions; prohibiting
6 certain public service announcements by specified
7 governmental entities, persons acting on behalf of
8 such entities, and elected officials; providing
9 applicability; amending s. 112.313, F.S.; revising
10 applicability of certain provisions relating to
11 conflicting employment and contractual relationships;
12 prohibiting public officers or employees of an agency
13 from soliciting specified employment or contractual
14 relationships; requiring certain offers and
15 solicitations of employment or contractual
16 relationships to be disclosed to certain persons;
17 requiring such solicitations to be disclosed to the
18 Commission on Ethics in certain circumstances;
19 authorizing the commission to investigate such
20 disclosures; prohibiting specified persons from
21 receiving certain compensated representation for a
22 specified period following vacation of office;
23 deleting certain exceptions from postemployment
24 restrictions; providing applicability; creating s.
25 112.3181, F.S.; prohibiting statewide elected officers
26 and legislators from soliciting employment offers or
27 investment advice arising out of official or political
28 activities; providing exceptions; prohibiting such
29 officers or legislators from soliciting or accepting
30 investment advice from or soliciting or entering into
31 certain profitmaking relationships with or advised by
32 lobbyists or principals; providing definitions;
33 requiring lobbyists and principals to disclose certain
34 prohibited solicitations to the commission;
35 authorizing the commission to investigate such
36 disclosures; providing disclosure requirements for
37 reporting certain employment; requiring the commission
38 to publish disclosures on its website; authorizing the
39 commission to adopt rules; amending s. 112.3185, F.S.;
40 providing definitions; prohibiting certain officers
41 and employees from soliciting employment or
42 contractual relationships from or negotiating
43 employment or contractual relationships with certain
44 employers; providing exceptions; requiring disclosure
45 of certain offers of employment or contractual
46 relationships; providing applicability; amending s.
47 112.3215, F.S., and reenacting subsection (15);
48 revising definitions; requiring executive branch
49 lobbyists to electronically register with the
50 commission; revising lobbyist registration,
51 compensation report, principal designation
52 cancellation, and investigation requirements; revising
53 lobbyist registration fees; authorizing the commission
54 to dismiss certain complaints and investigations;
55 amending s. 420.5061, F.S.; conforming a provision;
56 providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 11.061, Florida Statutes, is repealed.
61 Section 2. Section 106.114, Florida Statutes, is created to
62 read:
63 106.114 Elected official advertising.—
64 (1) As used in this section, the term:
65 (a) “Governmental entity” means any executive, judicial, or
66 quasi-judicial department; state university; community college;
67 water management district; or political subdivision.
68 (b) “Public service announcement” means any message
69 communicated by radio, television, electronic communication, or
70 billboard which promotes or announces an issue of public
71 importance, concern, or welfare.
72 (2) A governmental entity, a person acting on behalf of a
73 governmental entity, or an elected official may not use or
74 authorize the use of an elected official’s name, image,
75 likeness, official uniform, badge, or other symbol of office in
76 a public service announcement beginning on the date that the
77 elected official qualifies as a candidate, pursuant to s. 99.061
78 or other applicable law, for reelection or election to another
79 public office and ending on the day after the election for which
80 the elected official qualified as a candidate if such
81 announcement is paid for with public funds or if the time or
82 space for such announcement is donated by the media. This
83 subsection does not apply to charitable events held by an
84 organization with tax-exempt status under s. 501(c)(3) of the
85 Internal Revenue Code or bona fide news events, such as press
86 conferences or public debates broadcast by a licensed
87 broadcaster.
88 Section 3. Subsections (7), (9), and (15) of section
89 112.313, Florida Statutes, are amended to read:
90 112.313 Standards of conduct for public officers, employees
91 of agencies, and local government attorneys.—
92 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
93 (a) A No public officer or employee of an agency may not
94 shall have or hold any employment or contractual relationship
95 with any business entity or any agency that which is subject to
96 the regulation of, or is doing business with, the officer’s or
97 employee’s an agency. This paragraph does not apply to of which
98 he or she is an officer or employee, excluding those
99 organizations and their officers who, when acting in their
100 official capacity, enter into or negotiate a collective
101 bargaining contract with the state or any municipality, county,
102 or other political subdivision of the state. Such; nor shall an
103 officer or employee also may not of an agency have or hold any
104 employment or contractual relationship that will create a
105 continuing or frequently recurring conflict between his or her
106 private interests and the performance of his or her public
107 duties or that would impede the full and faithful discharge of
108 his or her public duties.
109 1. When the agency referred to is a that certain kind of
110 special tax district created by general or special law and is
111 limited specifically to constructing, maintaining, managing, and
112 financing improvements in the land area over which the agency
113 has jurisdiction, or when the agency has been organized pursuant
114 to chapter 298, then employment with, or entering into a
115 contractual relationship with, such a business entity by a
116 public officer or employee of such an agency is shall not be
117 prohibited by this subsection or be deemed a conflict per se.
118 However, conduct by such officer or employee that is prohibited
119 by, or otherwise frustrates the intent of, this section must
120 shall be deemed a conflict of interest in violation of the
121 standards of conduct set forth by this section.
122 2. When the agency referred to is a legislative body and
123 the regulatory power over the business entity resides in another
124 agency, or when the regulatory power that which the legislative
125 body exercises over the business entity or agency is strictly
126 through the enactment of laws or ordinances, then employment
127 with, or entering into a contractual relationship with, such a
128 business entity by a public officer or employee of such a
129 legislative body is shall not be prohibited by this subsection
130 or be deemed a conflict based on the regulatory power of the
131 legislative body, unless prohibited by or deemed a conflict by
132 another law.
133 (b) This subsection does shall not prohibit a public
134 officer or employee from practicing in a particular profession
135 or occupation when such practice by persons holding such public
136 office or employment is required or permitted by law or
137 ordinance.
138 (c) A public officer or an employee of an agency may not
139 solicit any employment or contractual relationship prohibited by
140 this subsection.
141 (d) A public officer or an employee of an agency shall
142 disclose to the head of his or her agency, the general counsel
143 or inspector general of his or her agency, or any other officer
144 or attorney designated by the head of his or her agency any
145 offer of employment or contractual relationship that is
146 prohibited by this subsection.
147 (e) If a public officer or an employee of an agency, or a
148 person acting on his or her behalf, solicits employment with any
149 business entity or any agency that is subject to the regulation
150 of, or is doing business with, the officer’s or employer’s
151 agency in violation of paragraph (c), the solicited business
152 entity or agency must disclose such solicitation to the head of
153 the officer’s or employee’s agency. If such solicitation is by
154 or on behalf of the head of the agency or a member of a body
155 that is the head of the agency, the solicited business entity or
156 agency must disclose such solicitation to the commission. The
157 commission may investigate such disclosure as if it were a valid
158 complaint under this part.
159 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
160 LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
161 (a)1. It is the intent of the Legislature to implement by
162 statute the provisions of s. 8(e), Art. II of the State
163 Constitution relating to legislators, statewide elected
164 officers, appointed state officers, and designated public
165 employees.
166 2. As used in this paragraph:
167 a. “Employee” means:
168 (I) Any person employed in the executive or legislative
169 branch of government holding a position in the Senior Management
170 Service as defined in s. 110.402 or any person holding a
171 position in the Selected Exempt Service as defined in s. 110.602
172 or any person having authority over policy or procurement
173 employed by the Department of the Lottery.
174 (II) The Auditor General, the director of the Office of
175 Program Policy Analysis and Government Accountability, the
176 Sergeant at Arms and Secretary of the Senate, and the Sergeant
177 at Arms and Clerk of the House of Representatives.
178 (III) The executive director and deputy executive director
179 of the Commission on Ethics.
180 (IV) An executive director, staff director, or deputy staff
181 director of each joint committee, standing committee, or select
182 committee of the Legislature; an executive director, staff
183 director, executive assistant, analyst, or attorney of the
184 Office of the President of the Senate, the Office of the Speaker
185 of the House of Representatives, the Senate Majority Party
186 Office, Senate Minority Party Office, House Majority Party
187 Office, or House Minority Party Office; or any person, hired on
188 a contractual basis, having the power normally conferred upon
189 such persons, by whatever title.
190 (V) The Chancellor and Vice Chancellors of the State
191 University System; the general counsel to the Board of Governors
192 of the State University System; and the president, provost, vice
193 presidents, and deans of each state university.
194 (VI) Any person, including an other-personal-services
195 employee, having the power normally conferred upon the positions
196 referenced in this sub-subparagraph.
197 b. “Appointed state officer” means any member of an
198 appointive board, commission, committee, council, or authority
199 of the executive or legislative branch of state government whose
200 powers, jurisdiction, and authority are not solely advisory and
201 include the final determination or adjudication of any personal
202 or property rights, duties, or obligations, other than those
203 relative to its internal operations.
204 c. “State agency” means an entity of the legislative,
205 executive, or judicial branch of state government over which the
206 Legislature exercises plenary budgetary and statutory control.
207 3.a. No member of the Legislature, appointed state officer,
208 or statewide elected officer shall personally represent another
209 person or entity for compensation before the government body or
210 agency of which the individual was an officer or member for a
211 period of 2 years following vacation of office. No member of the
212 Legislature shall personally represent another person or entity
213 for compensation during his or her term of office before any
214 state agency other than judicial tribunals or in settlement
215 negotiations after the filing of a lawsuit.
216 b. For a period of 2 years following vacation of office, a
217 former member of the Legislature may not act as a lobbyist for
218 compensation before an executive branch agency, agency official,
219 or employee. The terms used in this sub-subparagraph have the
220 same meanings as provided in s. 112.3215.
221 4. An agency employee, including an agency employee who was
222 employed on July 1, 2001, in a Career Service System position
223 that was transferred to the Selected Exempt Service System under
224 chapter 2001-43, Laws of Florida, may not personally represent
225 another person or entity for compensation before the agency with
226 which he or she was employed for a period of 2 years following
227 vacation of position, except when unless employed by and
228 representing another state agency of state government.
229 5. Any person violating this paragraph is shall be subject
230 to the penalties provided in s. 112.317 and a civil penalty of
231 an amount equal to the compensation which the person receives
232 for the prohibited conduct.
233 6. This paragraph is not applicable to:
234 a. A person employed by the Legislature or other agency
235 prior to July 1, 1989;
236 b. A person who was employed by the Legislature or other
237 agency on July 1, 1989, whether or not the person was a defined
238 employee on July 1, 1989;
239 c. A person who was a defined employee of the State
240 University System or the Public Service Commission who held such
241 employment on December 31, 1994;
242 d. A person who has reached normal retirement age as
243 defined in s. 121.021(29), and who has retired under the
244 provisions of chapter 121 by July 1, 1991; or
245 e. Any appointed state officer whose term of office began
246 before January 1, 1995, unless reappointed to that office on or
247 after January 1, 1995.
248 (b) In addition to the provisions of this part which are
249 applicable to legislators and legislative employees by virtue of
250 their being public officers or employees, the conduct of members
251 of the Legislature and legislative employees shall be governed
252 by the ethical standards provided in the respective rules of the
253 Senate or House of Representatives which are not in conflict
254 herewith.
255 (15) ADDITIONAL EXEMPTION.—
256 (a) An No elected public officer may not shall be held in
257 violation of subsection (7) if the officer maintains an
258 employment relationship with an entity which is currently a tax
259 exempt organization under s. 501(c) of the Internal Revenue Code
260 and which contracts with or otherwise enters into a business
261 relationship with the officer’s agency and:
262 1.(a) The officer’s employment is not directly or
263 indirectly compensated as a result of such contract or business
264 relationship;
265 2.(b) The officer has in no way participated in the
266 agency’s decision to contract or to enter into the business
267 relationship with his or her employer, whether by participating
268 in discussion at the meeting, by communicating with officers or
269 employees of the agency, or otherwise; and
270 3.(c) The officer abstains from voting on any matter which
271 may come before the agency involving the officer’s employer,
272 publicly states to the assembly the nature of the officer’s
273 interest in the matter from which he or she is abstaining, and
274 files a written memorandum as provided in s. 112.3143.
275 (b) This subsection does not apply to an officer who begins
276 his or her term of office on or after July 1, 2019.
277 Section 4. Section 112.3181, Florida Statutes, is created
278 to read:
279 112.3181 Additional standards for statewide elected
280 officers and legislators.—
281 (1) A statewide elected officer or member of the
282 Legislature may not solicit an employment offer or investment
283 advice arising out of official or political activities engaged
284 in while he or she is an officer or a legislator or a candidate
285 for such office, except under either of the following
286 circumstances:
287 (a) The officer or legislator may solicit or accept future
288 employment, including professional partnerships, in the last 180
289 days of his or her term of office if he or she is ineligible to
290 run for reelection or has publicly announced, and filed a letter
291 or other written notice with the qualifying officer with whom
292 reelection qualification papers are filed, that he or she is not
293 and does not intend to become a candidate for reelection.
294 (b) The officer or legislator may solicit or accept
295 employment from any prospective employer in a profession or an
296 occupation in which he or she has formerly engaged, has been
297 formally educated or trained, or is licensed unless such
298 employment is prohibited by other general law.
299 (2) A statewide elected officer or member of the
300 Legislature may not solicit or accept investment advice from or
301 solicit or enter into an investment, a joint venture, or other
302 profitmaking relationship with a lobbyist or principal, as those
303 terms are defined in s. 11.045 or s. 112.3215. However, the
304 officer or legislator may buy or sell listed, publicly traded
305 securities of a principal without the advice of a lobbyist or
306 principal unless such action violates s. 112.313. For purposes
307 of this section, the phrase “investment, joint venture, or other
308 profitmaking relationship” does not include an employment
309 relationship or any enterprise organized to employ or engage the
310 personal services of individuals, including the officer or
311 legislator. For purposes of this section, the terms “investment
312 advice” and “profitmaking relationship” do not include a client
313 relationship with a licensed investment broker, licensed
314 investment advisor, or similarly licensed professional to whom
315 the officer or legislator pays ordinary and reasonable fees for
316 services, regardless of such broker’s, advisor’s, or
317 professional’s status as a lobbyist’s principal or a nonlobbyist
318 employee of such principal.
319 (3) A lobbyist or principal who receives a solicitation
320 prohibited by this section by or on behalf of a statewide
321 elected officer or member of the Legislature must disclose such
322 solicitation to the commission. Any other person who receives
323 such solicitation may disclose such solicitation to the
324 commission. The commission may investigate any disclosure under
325 this subsection as if it were a valid complaint under this part.
326 (4)(a) A statewide elected officer or member of the
327 Legislature must file a written disclosure with the commission
328 upon acceptance of the following:
329 1. Any new employment with or increased compensation from
330 an entity that receives state funds directly by appropriation;
331 2. Any new employment with or increased compensation from
332 an agency;
333 3. Any new employment the offer of which arose out of
334 official or political activities engaged in while he or she was
335 a statewide elected officer, member of the Legislature, or
336 candidate for such office; or
337 4. Any new employment with or increased compensation from a
338 lobbyist, principal of a lobbyist, or lobbying firm.
339 (b) The disclosure must identify the applicable
340 subparagraph of paragraph (a), the employer, position, salary or
341 other compensation, and the effective date of employment or
342 increased compensation. Such disclosure must be filed within 30
343 days after he or she accepts the employment or increased
344 compensation or before the effective date of employment or
345 increased compensation, whichever date is earliest. With respect
346 to employment or increased compensation accepted or effective
347 between December 31, 2018, and July 1, 2019, the officer or
348 legislator must file such disclosure within 30 days after July
349 1, 2019. The commission shall publish such disclosures with the
350 officer’s or legislator’s full financial disclosure on its
351 website. The commission may adopt forms for disclosure and may
352 adopt rules requiring electronic submission of the disclosure
353 required by this subsection.
354 Section 5. Present subsection (7) of section 112.3185,
355 Florida Statutes, is renumbered as subsection (8), subsection
356 (1) of that section is reordered and amended, present subsection
357 (8) of that section is amended, and a new subsection (7) is
358 added to that section, to read:
359 112.3185 Additional standards for state officers and agency
360 employees.—
361 (1) For the purposes of this section, the term:
362 (b)(a) “Contractual services” has the same meaning shall be
363 defined as set forth in chapter 287.
364 (a)(b) “Agency” means any state officer, department, board,
365 commission, or council of the executive, legislative, or
366 judicial branch of state government and includes the Public
367 Service Commission.
368 (c) “Covered officer” means a state officer who is serving
369 in a position that is not an elective position. The term does
370 not include a person who is appointed to fill an unexpired term
371 of an elective office.
372 (d) “Negotiate” or “negotiation” means a response to an
373 offer or solicitation of an offer of an employment or a
374 contractual relationship, including the submission of a resume,
375 an application, or any other information demonstrating interest
376 on the part of a prospective employee and interviewing or
377 engaging in other communication intended to lead to an offer or
378 acceptance of an employment or a contractual relationship.
379 (e) “Reporting employee” means any agency employee who is a
380 reporting individual or procurement employee, as those terms are
381 defined in s. 112.3148.
382 (f) “Restricted employer,” with respect to any state
383 officer or agency employee, means any entity that does business
384 with or is subject to regulation by an agency employing the
385 covered officer or reporting employee and any person or entity
386 from whom the covered officer or reporting employee may not
387 solicit a gift under s. 112.3148(3).
388 (g) “Subject to regulation by an agency” means subject to
389 regulation by agency action as defined in s. 120.52(2) or its
390 substantial equivalent. The term does not include regulatory
391 power exercised strictly through the enactment of general laws.
392 (7) A covered officer or reporting employee who is employed
393 in such position on or after July 1, 2019, may not solicit an
394 employment or contractual relationship from or negotiate an
395 employment or contractual relationship with a restricted
396 employer except as provided in this subsection.
397 (a) A covered officer or reporting employee may solicit a
398 future employment or contractual relationship from or negotiate
399 a future employment or contractual relationship with a
400 restricted employer within 90 days before the expiration of the
401 officer’s term of office, if the officer does not seek
402 reappointment, or within 90 days before the officer’s or
403 employee’s termination or retirement date, if he or she provides
404 notice of termination or retirement to the head of his or her
405 agency, the general counsel or inspector general of his or her
406 agency, or any other officer or attorney designated by the head
407 of his or her agency.
408 (b) If a covered officer or reporting employee has been
409 notified by his or her appointing authority or employing agency
410 that he or she will be discharged from office or dismissed or
411 terminated from employment, he or she may solicit a future
412 employment or contractual relationship from or negotiate a
413 future employment or contractual relationship with a restricted
414 employer at any time after such notice but not sooner than 180
415 days before his or her employment is scheduled to end.
416 (c) A covered officer or reporting employee must disclose
417 to the head of his or her agency, the general counsel or
418 inspector general of his or her agency, or any other officer or
419 attorney designated by the head of his or her agency any offer
420 from a restricted employer of an employment or a contractual
421 relationship. After such disclosure, a covered officer or
422 reporting employee may negotiate an employment or a contractual
423 relationship with the restricted employer if expressly
424 authorized by the head of his or her agency or the agency head’s
425 authorized designee. Permission may be withheld only if the
426 agency head or his or her authorized designee determines such
427 negotiation poses an actual or a potential conflict with the
428 interests of the state or the agency.
429 (d) This subsection does not authorize any employment or
430 contractual relationship solicitation otherwise prohibited by
431 general law.
432 (9)(8) Subsections (1) through (6) of this section do not
433 apply is not applicable to any employee of the Public Service
434 Commission who was so employed on or before December 31, 1994,
435 unless so employed on or after July 1, 2019.
436 Section 6. Paragraphs (a), (f), and (h) of subsection (1),
437 subsections (3) and (4), paragraph (a) of subsection (5), and
438 subsections (7) and (8) of section 112.3215, Florida Statutes,
439 are amended, and subsection (15) of that section is reenacted,
440 to read:
441 112.3215 Lobbying before the executive branch or the
442 Constitution Revision Commission; registration and reporting;
443 investigation by commission.—
444 (1) For the purposes of this section:
445 (a) “Agency” means the Governor; the, Governor and
446 Cabinet;, or any department, division, bureau, board,
447 commission, or authority of the executive branch; the State
448 Board of Education; or the Board of Governors of the State
449 University System. The term also includes In addition, “agency”
450 shall mean the Constitution Revision Commission as provided by
451 s. 2, Art. XI of the State Constitution.
452 (f) “Lobbying” “Lobbies” means seeking, on behalf of
453 another person, to influence an agency with respect to a
454 decision of the agency in the area of policy or procurement or
455 an attempt to obtain the goodwill of an agency official or
456 employee. The term “Lobbies” also means influencing or
457 attempting to influence, on behalf of another, the Constitution
458 Revision Commission’s action or nonaction through oral or
459 written communication or an attempt to obtain the goodwill of a
460 member or employee of the Constitution Revision Commission.
461 (h) “Lobbyist” means a person who is employed and receives
462 payment, or who contracts for economic consideration, for the
463 purpose of lobbying, or a person who is principally employed for
464 governmental affairs by another person or governmental entity to
465 lobby on behalf of that other person or governmental entity. For
466 purposes of this paragraph, the phrase “principally employed for
467 governmental affairs” means that one of the principal or most
468 significant responsibilities of the employee to the employer is
469 overseeing the employer’s various relationships with government
470 or representing the employer in its contacts with government.
471 The term “Lobbyist” does not include a person who is:
472 1. An attorney, or any person, who represents a client in a
473 judicial proceeding or in a formal administrative proceeding
474 conducted pursuant to chapter 120 or any other formal hearing
475 before an agency, board, commission, or authority of this state.
476 2. An officer or employee of an agency, or of a legislative
477 or judicial branch entity, or a political subdivision of this
478 state acting in the normal course of his or her office or
479 duties.
480 3. A confidential informant who is providing, or wishes to
481 provide, confidential information to be used for law enforcement
482 purposes.
483 4. A person who seeks lobbies to procure a contract
484 pursuant to chapter 287 which contract is less than the
485 threshold for CATEGORY ONE as provided in s. 287.017.
486 (3) A person may not lobby an agency until such person has
487 electronically registered as a lobbyist with the commission.
488 Such registration shall be due upon initially being retained to
489 lobby and is renewable on a calendar year basis thereafter. The
490 commission shall request authorization from the principal with
491 the principal’s name, business address, e-mail address, and
492 telephone number to confirm that the registrant is authorized to
493 represent the principal Upon registration the person shall
494 provide a statement signed by the principal or principal’s
495 representative that the registrant is authorized to represent
496 the principal. The principal or principal’s representative shall
497 also identify and designate its main business pursuant to the
498 North American Industry Classification System six-digit
499 numerical code that most accurately describes the principal’s
500 main business. Registration is not complete until the commission
501 receives the principal’s authorization and the registration fee
502 on the statement authorizing that lobbyist pursuant to a
503 classification system approved by the commission. The
504 registration shall require each lobbyist to attest to disclose,
505 under oath, the following information:
506 (a) Full legal name, e-mail address, telephone number, Name
507 and business address;
508 (b) The full name, e-mail address, telephone number, and
509 business address of each principal represented;
510 (c) His or her area of interest;
511 (d) The agencies before which he or she will appear; and
512 (d)(e) The existence of any direct or indirect business
513 association, partnership, or financial relationship with any
514 employee of an agency with which he or she lobbies, or intends
515 to lobby, as disclosed in the registration.
516 (4) The annual lobbyist registration fee must shall be set
517 by the commission by rule, not to exceed $20 $40 for each
518 principal represented. Additionally, for each principal
519 represented, a fee must be set by commission rule, not to exceed
520 $5, for each additional agency lobbied following the first
521 agency that is lobbied.
522 (5)(a)1. Each lobbying firm shall file a compensation
523 report with the commission for each calendar quarter during any
524 portion of which one or more of the firm’s lobbyists were
525 registered to represent a principal. The report shall include
526 the:
527 a. Full name, e-mail address, business address, and
528 telephone number of the lobbying firm;
529 b. Name of each of the firm’s lobbyists; and
530 c. Total compensation provided or owed to the lobbying firm
531 from all principals for the reporting period, reported in one of
532 the following categories: $0; $1 to $49,999; $50,000 to $99,999;
533 $100,000 to $249,999; $250,000 to $499,999; $500,000 to
534 $999,999; $1 million or more.
535 2. For each principal represented by one or more of the
536 firm’s lobbyists, the lobbying firm’s compensation report shall
537 also include the:
538 a. Full name, e-mail address, business address, and
539 telephone number of the principal; and
540 b. Total compensation provided or owed to the lobbying firm
541 for the reporting period, reported in one of the following
542 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
543 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
544 more. If the category “$50,000 or more” is selected, the
545 specific dollar amount of compensation must be reported, rounded
546 up or down to the nearest $1,000.
547 3. If the lobbying firm subcontracts work from another
548 lobbying firm and not from the original principal:
549 a. The lobbying firm providing the work to be subcontracted
550 shall be treated as the reporting lobbying firm’s principal for
551 reporting purposes under this paragraph; and
552 b. The reporting lobbying firm shall, for each lobbying
553 firm identified under subparagraph 2., identify the name and
554 address of the principal originating the lobbying work.
555 4. The senior partner, officer, or owner of the lobbying
556 firm shall certify to the veracity and completeness of the
557 information submitted pursuant to this paragraph.
558 (7) A lobbyist shall promptly send a written statement to
559 the commission canceling the designation of registration for a
560 principal in his or her registration upon termination of such
561 the lobbyist’s representation of that principal. The commission
562 may cancel a lobbyist’s designation of a principal upon the
563 principal’s notification that the lobbyist is no longer
564 authorized to represent the principal Notwithstanding this
565 requirement, the commission may remove the name of a lobbyist
566 from the list of registered lobbyists if the principal notifies
567 the office that a person is no longer authorized to represent
568 that principal.
569 (8)(a) The commission shall investigate every sworn
570 complaint that is filed with it alleging that a person covered
571 by this section has failed to register, has failed to submit a
572 compensation report, has made a prohibited expenditure, or has
573 knowingly submitted false information in any report or
574 registration required in this section.
575 (b) All proceedings, the complaint, and other records
576 relating to the investigation are confidential and exempt from
577 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
578 Constitution, and any meetings held pursuant to an investigation
579 are exempt from the provisions of s. 286.011(1) and s. 24(b),
580 Art. I of the State Constitution either until the alleged
581 violator requests in writing that such investigation and
582 associated records and meetings be made public or until the
583 commission determines, based on the investigation, whether
584 probable cause exists to believe that a violation has occurred.
585 (c) The commission shall investigate any lobbying firm,
586 lobbyist, principal, agency, officer, or employee upon receipt
587 of information from a sworn complaint or from a random audit of
588 lobbying reports indicating that the individual or entity has
589 intentionally failed to disclose any material fact or has
590 knowingly submitted false information in any report required by
591 this section or by rules adopted pursuant to this section a
592 possible violation other than a late-filed report.
593 (d) Notwithstanding paragraphs (a)-(c), the commission may
594 dismiss any complaint or investigation resulting from a random
595 audit of lobbying reports, at any stage of disposition, if it
596 determines that the public interest is not served by proceeding
597 further, in which case the commission shall issue a public
598 report stating with particularity its reasons for the dismissal.
599 (e)1. Records relating to an audit conducted pursuant to
600 this section or an investigation conducted pursuant to this
601 section or s. 112.32155 are confidential and exempt from s.
602 119.07(1) and s. 24(a), Art. I of the State Constitution.
603 2. Any portion of a meeting wherein such investigation or
604 audit is discussed is exempt from s. 286.011 and s. 24(b), Art.
605 I of the State Constitution.
606 3. The exemptions no longer apply if the lobbying firm
607 requests in writing that such investigation and associated
608 records and meetings be made public or the commission determines
609 there is probable cause that the audit reflects a violation of
610 the reporting laws.
611 (15) The commission shall adopt rules to administer this
612 section, which shall prescribe forms for registration and
613 compensation reports, procedures for registration, and
614 procedures that will prevent disclosure of information that is
615 confidential as provided in this section.
616 Section 7. Section 420.5061, Florida Statutes, is amended
617 to read:
618 420.5061 Transfer of agency assets and liabilities.—The
619 corporation is the legal successor in all respects to the
620 agency, is obligated to the same extent as the agency under any
621 agreements existing on December 31, 1997, and is entitled to any
622 rights and remedies previously afforded the agency by law or
623 contract, including specifically the rights of the agency under
624 chapter 201 and part VI of chapter 159. Effective January 1,
625 1998, all references under Florida law to the agency are deemed
626 to mean the corporation. The corporation shall transfer to the
627 General Revenue Fund an amount which otherwise would have been
628 deducted as a service charge pursuant to s. 215.20(1) if the
629 Florida Housing Finance Corporation Fund established by s.
630 420.508(5), the State Apartment Incentive Loan Fund established
631 by s. 420.5087(7), the Florida Homeownership Assistance Fund
632 established by s. 420.5088(4), the HOME Investment Partnership
633 Fund established by s. 420.5089(1), and the Housing
634 Predevelopment Loan Fund established by s. 420.525(1) were each
635 trust funds. For purposes of s. 112.313, the corporation is
636 deemed to be a continuation of the agency, and the provisions
637 thereof are deemed to apply as if the same entity remained in
638 place. Any employees of the agency and agency board members
639 covered by s. 112.313(9)(a)6. shall continue to be entitled to
640 the exemption in that subparagraph, notwithstanding being hired
641 by the corporation or appointed as board members of the
642 corporation.
643 Section 8. This act shall take effect July 1, 2019.
