Florida Senate - 2018                                    SB 1330
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00656-18                                           20181330__
    1                        A bill to be entitled                      
    2         An act relating to state officer post-service lobbying
    3         restrictions; amending s. 112.313, F.S.; prohibiting
    4         legislators and statewide elected officers from
    5         personally representing another person or entity for
    6         compensation before any state government body or state
    7         agency except judicial tribunals for a specified time
    8         period following vacation of office; deleting a
    9         prohibition on a former legislator from acting as a
   10         lobbyist before an executive branch agency, agency
   11         official, or employee for a specified period following
   12         vacation of office; providing retroactive
   13         applicability; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (9) of section 112.313, Florida
   18  Statutes, is amended to read:
   19         112.313 Standards of conduct for public officers, employees
   20  of agencies, and local government attorneys.—
   21         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
   22  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
   23         (a)1. It is the intent of the Legislature to implement by
   24  statute the provisions of s. 8(e), Art. II of the State
   25  Constitution relating to legislators, statewide elected
   26  officers, appointed state officers, and designated public
   27  employees.
   28         2. As used in this paragraph:
   29         a. “Employee” means:
   30         (I) Any person employed in the executive or legislative
   31  branch of government holding a position in the Senior Management
   32  Service as defined in s. 110.402 or any person holding a
   33  position in the Selected Exempt Service as defined in s. 110.602
   34  or any person having authority over policy or procurement
   35  employed by the Department of the Lottery.
   36         (II) The Auditor General, the director of the Office of
   37  Program Policy Analysis and Government Accountability, the
   38  Sergeant at Arms and Secretary of the Senate, and the Sergeant
   39  at Arms and Clerk of the House of Representatives.
   40         (III) The executive director and deputy executive director
   41  of the Commission on Ethics.
   42         (IV) An executive director, staff director, or deputy staff
   43  director of each joint committee, standing committee, or select
   44  committee of the Legislature; an executive director, staff
   45  director, executive assistant, analyst, or attorney of the
   46  Office of the President of the Senate, the Office of the Speaker
   47  of the House of Representatives, the Senate Majority Party
   48  Office, Senate Minority Party Office, House Majority Party
   49  Office, or House Minority Party Office; or any person, hired on
   50  a contractual basis, having the power normally conferred upon
   51  such persons, by whatever title.
   52         (V) The Chancellor and Vice Chancellors of the State
   53  University System; the general counsel to the Board of Governors
   54  of the State University System; and the president, provost, vice
   55  presidents, and deans of each state university.
   56         (VI) Any person, including an other-personal-services
   57  employee, having the power normally conferred upon the positions
   58  referenced in this sub-subparagraph.
   59         b. “Appointed state officer” means any member of an
   60  appointive board, commission, committee, council, or authority
   61  of the executive or legislative branch of state government whose
   62  powers, jurisdiction, and authority are not solely advisory and
   63  include the final determination or adjudication of any personal
   64  or property rights, duties, or obligations, other than those
   65  relative to its internal operations.
   66         c. “State agency” means an entity of the legislative,
   67  executive, or judicial branch of state government over which the
   68  Legislature exercises plenary budgetary and statutory control.
   69         3.a. A No member of the Legislature, appointed state
   70  officer, or statewide elected officer may not shall personally
   71  represent another person or entity for compensation before any
   72  state government body or state agency other than judicial
   73  tribunals or in settlement negotiations after the filing of a
   74  lawsuit the government body or agency of which the individual
   75  was an officer or member for a period of 6 2 years following
   76  vacation of office. A No member of the Legislature may not shall
   77  personally represent another person or entity for compensation
   78  during his or her term of office before any state agency other
   79  than judicial tribunals or in settlement negotiations after the
   80  filing of a lawsuit.
   81         b. An appointed state officer may not personally represent
   82  another person or entity for compensation before the government
   83  body or agency of which the individual was an officer or member
   84  for a period of 2 years following vacation of office For a
   85  period of 2 years following vacation of office, a former member
   86  of the Legislature may not act as a lobbyist for compensation
   87  before an executive branch agency, agency official, or employee.
   88  The terms used in this sub-subparagraph have the same meanings
   89  as provided in s. 112.3215.
   90         4. An agency employee, including an agency employee who was
   91  employed on July 1, 2001, in a Career Service System position
   92  that was transferred to the Selected Exempt Service System under
   93  chapter 2001-43, Laws of Florida, may not personally represent
   94  another person or entity for compensation before the agency with
   95  which he or she was employed for a period of 2 years following
   96  vacation of position, unless employed by another agency of state
   97  government.
   98         5. Any person violating this paragraph shall be subject to
   99  the penalties provided in s. 112.317 and a civil penalty of an
  100  amount equal to the compensation which the person receives for
  101  the prohibited conduct.
  102         6. This paragraph is not applicable to:
  103         a. A person employed by the Legislature or other agency
  104  prior to July 1, 1989;
  105         b. A person who was employed by the Legislature or other
  106  agency on July 1, 1989, whether or not the person was a defined
  107  employee on July 1, 1989;
  108         c. A person who was a defined employee of the State
  109  University System or the Public Service Commission who held such
  110  employment on December 31, 1994;
  111         d. A person who has reached normal retirement age as
  112  defined in s. 121.021(29), and who has retired under the
  113  provisions of chapter 121 by July 1, 1991; or
  114         e. Any appointed state officer whose term of office began
  115  before January 1, 1995, unless reappointed to that office on or
  116  after January 1, 1995.
  117         (b) In addition to the provisions of this part which are
  118  applicable to legislators and legislative employees by virtue of
  119  their being public officers or employees, the conduct of members
  120  of the Legislature and legislative employees shall be governed
  121  by the ethical standards provided in the respective rules of the
  122  Senate or House of Representatives which are not in conflict
  123  herewith.
  124         Section 2. The amendment made by this act to s. 112.313,
  125  Florida Statutes, applies only to those individuals who were
  126  members of the Legislature at any time after November 8, 2016,
  127  or who were statewide elected officers at any time after
  128  November 8, 2016.
  129         Section 3. This act shall take effect July 1, 2018.