Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1628
       
       
       
       
       
       
                                Ì423602qÎ423602                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Ethics and Elections (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 108 - 320
    4  and insert:
    5         Section 2. Present paragraphs (a) through (g) of subsection
    6  (2) of section 11.045, Florida Statutes, are redesignated as
    7  paragraphs (b) through (h), respectively, and a new paragraph
    8  (a) is added to that subsection, to read:
    9         11.045 Lobbying before the Legislature; registration and
   10  reporting; exemptions; penalties.—
   11         (2) Each house of the Legislature shall provide by rule, or
   12  may provide by a joint rule adopted by both houses, for the
   13  registration of lobbyists who lobby the Legislature. The rule
   14  may provide for the payment of a registration fee. The rule may
   15  provide for exemptions from registration or registration fees.
   16  The rule shall provide that:
   17         (a) Each lobbyist shall certify, upon registration, that he
   18  or she has read the Code of Ethics for Public Officers and
   19  Employees in part III of chapter 112, and that he or she has
   20  read the rules governing conduct of members of the Legislature
   21  and legislative lobbyists.
   22         Section 3. Section 112.3126, Florida Statutes, is created
   23  to read:
   24         112.3126 Prohibition on sexual harassment.—
   25         (1) As used in this section, the term:
   26         (a) “Lobbyist” means a person who:
   27         1. Is required to register to lobby before the legislative
   28  branch pursuant to s. 11.045;
   29         2. Is required to register to lobby before the executive
   30  branch or the Constitution Revision Commission pursuant to s.
   31  112.3215; or
   32         3. For compensation, seeks to influence a political
   33  subdivision with respect to a decision of the political
   34  subdivision, or an agency thereof, with respect to policy or
   35  procurement, or attempts to obtain the goodwill of an official
   36  or employee of a political subdivision.
   37         (b) “Sexually harass” includes an unwelcome sexual advance;
   38  a request for a sexual favor; or any other conduct of a sexual
   39  nature by a public officer, a candidate who has qualified for
   40  public office, an employee of an agency, or a lobbyist which is
   41  directed toward any individual when:
   42         1. Submission to such conduct is made either explicitly or
   43  implicitly a term or condition of the individual’s employment;
   44         2. Submission to or rejection of such conduct by an
   45  individual is used as the basis for how the public officer,
   46  candidate, agency employee, or lobbyist makes decisions relating
   47  to his or her position which affect such individual; or
   48         3. Such conduct has the purpose or effect of creating an
   49  intimidating, a hostile, or an offensive working environment.
   50         (2) A public officer, a candidate who has qualified to run
   51  for public office, an agency employee, or a lobbyist may not
   52  sexually harass any individual, regardless of whether an
   53  employment relationship exists.
   54         (3) A public officer, a candidate who has qualified to run
   55  for public office, an agency employee, or a lobbyist may not
   56  take any retaliatory action against an individual for filing a
   57  complaint alleging a violation of this section or a violation of
   58  s. 112.313(2) or (6) involving sexual favors or sexual conduct.
   59  An individual may not intentionally or recklessly disclose
   60  information that may be used to identify an individual who
   61  alleged any such violation without obtaining the individual’s
   62  consent.
   63         (4)Upon learning of an alleged violation of subsection (2)
   64  or an alleged violation of s. 112.313(2) or (6) involving sexual
   65  favors or sexual conduct, an individual who gains personal
   66  knowledge of the alleged violation shall report it to the
   67  commission or to a designated individual in the appropriate
   68  agency in accordance with applicable rules and administrative
   69  policies within 10 business days.
   70         (5) An individual may not knowingly or recklessly file a
   71  materially false complaint alleging a violation of this section
   72  or a violation of s. 112.313(2) or (6) involving sexual favors
   73  or sexual conduct.
   74         (6) An alleged victim of a violation of subsection (2) or
   75  (3) is entitled to have a victim advocate and an attorney
   76  present in commission hearings that are held in response to a
   77  complaint or referral.
   78         Section 4. Subsections (2) and (6) of section 112.313,
   79  Florida Statutes, are amended to read:
   80         112.313 Standards of conduct for public officers, employees
   81  of agencies, and local government attorneys.—
   82         (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
   83         (a) As used in this subsection, the term “favor” includes
   84  sexual favors and sexual conduct.
   85         (b)A No public officer, an employee of an agency, a local
   86  government attorney, or a candidate for nomination or election
   87  may not shall solicit or accept anything of value to the
   88  recipient, including a gift, loan, reward, promise of future
   89  employment, favor, or service, based upon any understanding that
   90  the vote, official action, or judgment of the public officer,
   91  employee, local government attorney, or candidate would be
   92  influenced thereby.
   93         (c)In an effort to influence a public officer’s or
   94  employee’s official actions or judgment, or to obtain his or her
   95  goodwill, an individual may not:
   96         1. Offer or provide sexual favors to a public officer or
   97  employee;
   98         2. Offer to engage or engage in sexual conduct with a
   99  public officer or employee; or
  100         3. Direct another individual to perform an activity
  101  prohibited under subparagraph 1. or subparagraph 2.
  102         (6) MISUSE OF PUBLIC POSITION.—No public officer, employee
  103  of an agency, or local government attorney shall corruptly use
  104  or attempt to use his or her official position or any property
  105  or resource which may be within his or her trust, or perform his
  106  or her official duties, to secure a special privilege, benefit,
  107  or exemption for himself, herself, or others. This section shall
  108  not be construed to conflict with s. 104.31. For purposes of
  109  this subsection, the term “benefit” includes sexual favors and
  110  sexual conduct.
  111         Section 5. Subsection (1) and paragraph (c) of subsection
  112  (8) of section 112.3144, Florida Statutes, are amended to read:
  113         112.3144 Full and public disclosure of financial
  114  interests.—
  115         (1) An officer who is required by s. 8, Art. II of the
  116  State Constitution to file a full and public disclosure of his
  117  or her financial interests for any calendar or fiscal year shall
  118  file that disclosure with the Florida Commission on Ethics.
  119  Additionally, beginning January 1, 2015, An officer who is
  120  required to complete annual ethics training pursuant to s.
  121  112.3142 must certify on his or her full and public disclosure
  122  of financial interests that he or she has completed the required
  123  ethics training. Additionally, beginning January 1, 2019, any
  124  person who is required to file a full and public disclosure of
  125  financial interests must certify on his or her disclosure that
  126  he or she has reviewed all applicable laws and policies
  127  regarding sexual harassment.
  128         (8)
  129         (c) For purposes of this section, an error or omission is
  130  immaterial, inconsequential, or de minimis if the original
  131  filing provided sufficient information for the public to
  132  identify potential conflicts of interest. However, failure to
  133  certify review of applicable sexual harassment laws and policies
  134  or completion of annual ethics training required under s.
  135  112.3142 does not constitute an immaterial, inconsequential, or
  136  de minimis error or omission.
  137         Section 6. Subsection (4) and paragraph (c) of subsection
  138  (10) of section 112.3145, Florida Statutes, are amended to read:
  139         112.3145 Disclosure of financial interests and clients
  140  represented before agencies.—
  141         (4) Beginning January 1, 2015, An officer who is required
  142  to complete annual ethics training pursuant to s. 112.3142 must
  143  certify on his or her statement of financial interests that he
  144  or she has completed the required training. Additionally,
  145  beginning January 1, 2019, any person who is required to file a
  146  statement of financial interests must certify on his or her
  147  statement that he or she has reviewed all applicable law and
  148  policies regarding sexual harassment.
  149         (10)
  150         (c) For purposes of this section, an error or omission is
  151  immaterial, inconsequential, or de minimis if the original
  152  filing provided sufficient information for the public to
  153  identify potential conflicts of interest. However, failure to
  154  certify review of sexual harassment law and policies or
  155  completion of annual ethics training required under s. 112.3142
  156  does not constitute an immaterial, inconsequential, or de
  157  minimis error or omission.
  158         Section 7. Section 112.317, Florida Statutes, is reenacted
  159  and amended to read:
  160         112.317 Penalties.—
  161         (1) Any violation of this part, including, but not limited
  162  to, failure to file disclosures required by this part or
  163  violation of any standard of conduct imposed by this part, or
  164  any violation of s. 8, Art. II of the State Constitution, in
  165  addition to any criminal penalty or other civil penalty
  166  involved, under applicable constitutional and statutory
  167  procedures, constitutes grounds for, and may be punished by, one
  168  or more of the following:
  169         (a) In the case of a public officer:
  170         1. Impeachment.
  171         2. Removal from office.
  172         3. Suspension from office.
  173         4. Public censure and reprimand.
  174         5. Forfeiture of no more than one-third of his or her
  175  salary per month for no more than 12 months.
  176         6. A civil penalty not to exceed $10,000, except as
  177  provided in paragraph (f).
  178         7. Restitution of any pecuniary benefits received because
  179  of the violation committed. The commission may recommend that
  180  the restitution penalty be paid to the agency of which the
  181  public officer was a member or to the General Revenue Fund.
  182         (b) In the case of an employee or a person designated as a
  183  public officer by this part who otherwise would be deemed to be
  184  an employee:
  185         1. Dismissal from employment.
  186         2. Suspension from employment for not more than 90 days
  187  without pay.
  188         3. Demotion.
  189         4. Reduction in his or her salary level.
  190         5. Forfeiture of no more than one-third salary per month
  191  for no more than 12 months.
  192         6. A civil penalty not to exceed $10,000, except as
  193  provided in paragraph (f).
  194         7. Restitution of any pecuniary benefits received because
  195  of the violation committed. The commission may recommend that
  196  the restitution penalty be paid to the agency by which the
  197  public employee was employed, or of which the officer was deemed
  198  to be an employee, or to the General Revenue Fund.
  199         8. Public censure and reprimand.
  200         (c) In the case of a candidate who violates this part or s.
  201  8(a) and (i), Art. II of the State Constitution:
  202         1. Disqualification from being on the ballot.
  203         2. Public censure.
  204         3. Reprimand.
  205         4. A civil penalty not to exceed $10,000, except as
  206  provided in paragraph (f).
  207         (d) In the case of a former public officer or employee who
  208  has violated a provision applicable to former officers or
  209  employees or whose violation occurred before the officer’s or
  210  employee’s leaving public office or employment:
  211         1. Public censure and reprimand.
  212         2. A civil penalty not to exceed $10,000, except as
  213  provided in paragraph (f).
  214         3. Restitution of any pecuniary benefits received because
  215  of the violation committed. The commission may recommend that
  216  the restitution penalty be paid to the agency of the public
  217  officer or employee or to the General Revenue Fund.
  218         (e) In the case of a person who is subject to the standards
  219  of this part, other than a lobbyist or lobbying firm under s.
  220  112.3215 for a violation of s. 112.3215, but who is not a public
  221  officer or employee:
  222         1. Public censure and reprimand.
  223         2. A civil penalty not to exceed $10,000, except as
  224  provided in paragraph (f).
  225         3. Restitution of any pecuniary benefits received because
  226  of the violation committed. The commission may recommend that
  227  the restitution penalty be paid to the agency of the person or
  228  to the General Revenue Fund.
  229         (f) In addition to any other penalties authorized by this
  230  subsection, in any case in which the commission finds that a
  231  violation of s. 112.3126(2); s. 112.3126(3); or s. 112.313(2) or
  232  (6) based on sexual favors or sexual conduct, has occurred:
  233         1. A civil penalty of at least $5,000 per violation up to a
  234  maximum penalty of $20,000 per violation.
  235         2. The violator is liable for any costs associated with the
  236  services of a victim advocate and for reasonable attorney fees
  237  before the commission which are incurred by the victim of the
  238  prohibited conduct.
  239  
  240  Any civil penalty imposed pursuant to this paragraph must be
  241  paid to the Crimes Compensation Trust Fund within the Department
  242  of Legal Affairs.
  243         (g) In the case of an individual who is a lobbyist as that
  244  term is defined in s. 112.3126 and who violates s. 112.3126(2);
  245  s. 112.3126(3); or s. 112.313(2) or (6) based on sexual favors
  246  or sexual conduct, in addition to any penalties imposed under
  247  paragraph (e) or (f), the violator may be prohibited from
  248  lobbying for a specified period, including permanent revocation
  249  of lobbying privileges.
  250         (2) In any case in which the commission finds a violation
  251  of this part or of s. 8, Art. II of the State Constitution and
  252  the proper disciplinary official or body under s. 112.324
  253  imposes a civil penalty or restitution penalty, the Attorney
  254  General shall bring a civil action to recover such penalty. No
  255  defense may be raised in the civil action to enforce the civil
  256  penalty or order of restitution that could have been raised by
  257  judicial review of the administrative findings and
  258  recommendations of the commission by certiorari to the district
  259  court of appeal. The Attorney General shall collect any costs,
  260  attorney fees, expert witness fees, or other costs of collection
  261  incurred in bringing the action.
  262         (3) The penalties prescribed in this part shall not be
  263  construed to limit or to conflict with:
  264         (a) The power of either house of the Legislature to
  265  discipline its own members or impeach a public officer.
  266         (b) The power of agencies to discipline officers or
  267  employees.
  268         (4) Any violation of this part or of s. 8, Art. II of the
  269  State Constitution by a public officer constitutes malfeasance,
  270  misfeasance, or neglect of duty in office within the meaning of
  271  s. 7, Art. IV of the State Constitution.
  272         (5) By order of the Governor, upon recommendation of the
  273  commission, any elected municipal officer who violates this part
  274  or s. 8, Art. II of the State Constitution may be suspended from
  275  office and the office filled by appointment for the period of
  276  suspension. The suspended officer may at any time before removal
  277  be reinstated by the Governor. The Senate may, in proceedings
  278  prescribed by law, remove from office, or reinstate, the
  279  suspended official, and for such purpose the Senate may be
  280  convened in special session by its President or by a majority of
  281  its membership.
  282         (6) In any case in which the commission finds probable
  283  cause to believe that a complainant has committed perjury in
  284  regard to any document filed with, or any testimony given
  285  before, the commission, it shall refer such evidence to the
  286  appropriate law enforcement agency for prosecution and taxation
  287  of costs.
  288         (7) In any case in which the commission determines that a
  289  person has filed a complaint against a public officer or
  290  employee with a malicious intent to injure the reputation of
  291  such officer or employee by filing the complaint with knowledge
  292  that the complaint contains one or more false allegations or
  293  with reckless disregard for whether the complaint contains false
  294  allegations of fact material to a violation of this part, the
  295  complainant shall be liable for costs plus reasonable attorney
  296  fees incurred in the defense of the person complained against,
  297  including the costs and reasonable attorney fees incurred in
  298  proving entitlement to and the amount of costs and fees. If the
  299  complainant fails to pay such costs and fees voluntarily within
  300  30 days following such finding by the commission, the commission
  301  shall forward such information to the Department of Legal
  302  Affairs, which shall bring a civil action in a court of
  303  competent jurisdiction to recover the amount of such costs and
  304  fees awarded by the commission.
  305         Section 8. Present paragraphs (a) through (e) of subsection
  306  (3) of section 112.3215, Florida Statutes, are redesignated as
  307  paragraphs (b) through (f), respectively, and a new paragraph
  308  (a) is added to that subsection, to read:
  309         112.3215 Lobbying before the executive branch or the
  310  Constitution Revision Commission; registration and reporting;
  311  investigation by commission.—
  312         (3) A person may not lobby an agency until such person has
  313  registered as a lobbyist with the commission. Such registration
  314  shall be due upon initially being retained to lobby and is
  315  renewable on a calendar year basis thereafter. Upon registration
  316  the person shall provide a statement signed by the principal or
  317  principal’s representative that the registrant is authorized to
  318  represent the principal. The principal shall also identify and
  319  designate its main business on the statement authorizing that
  320  lobbyist pursuant to a classification system approved by the
  321  commission. The registration shall require each lobbyist to
  322  disclose, under oath, the following information:
  323         (a) Each lobbyist shall certify that he or she has read the
  324  Code of Ethics for Public Officers and Employees contained in
  325  this part, and that he or she has read any rules governing the
  326  conduct of agency officials and lobbyists who lobby before an
  327  agency.
  328         Section 9. Present subsections (9) through (12) of section
  329  112.324, Florida Statutes, are renumbered as subsections (10)
  330  through (13), respectively, paragraphs (f) and (g) of subsection
  331  (2) of that section are redesignated as paragraphs (g) and (h),
  332  respectively, and a new paragraph (f) is added to that
  333  subsection, subsections (1) and (8) of that section are amended,
  334  and a new subsection (9) is added to that section, to read:
  335         112.324 Procedures on complaints of violations and
  336  referrals; public records and meeting exemptions.—
  337         (1) The commission shall investigate an alleged violation
  338  of this part or other alleged breach of the public trust within
  339  the jurisdiction of the commission as provided in s. 8(f), Art.
  340  II of the State Constitution:
  341         (a) Upon a written complaint executed on a form prescribed
  342  by the commission and signed under oath or affirmation by any
  343  person; or
  344         (b) Upon a written complaint executed on a form prescribed
  345  by the commission, if a violation of s. 112.313(2) or (6)
  346  involving sexual favors or sexual conduct or s. 112.3126 is
  347  alleged; or
  348         (c) Upon receipt of a written referral of a possible
  349  violation of this part or other possible breach of the public
  350  trust from the Governor, the Department of Law Enforcement, a
  351  state attorney, any person designated by an agency to accept
  352  complaints of sexual harassment or sexual misconduct, or a
  353  United States Attorney which at least six members of the
  354  commission determine is sufficient to indicate a violation of
  355  this part or any other breach of the public trust.
  356  
  357  Within 5 days after receipt of a complaint by the commission or
  358  a determination by at least six members of the commission that
  359  the referral received is deemed sufficient, a copy shall be
  360  transmitted to the alleged violator.
  361         (2)
  362         (f) The personal identifying information of an alleged
  363  victim of a violation of s. 112.313(2) or (6) involving sexual
  364  favors or sexual conduct or s. 112.3126 contained in a complaint
  365  or referral, and all materials relating to the complaint or
  366  referral, remain confidential and exempt from s. 119.07(1) and
  367  s. 24(a), Art. I of the State Constitution as provided under s.
  368  119.071(2)(n).
  369         (8) If, in cases other than complaints or referrals against
  370  impeachable officers or members of the Legislature, upon
  371  completion of a full and final investigation by the commission,
  372  the commission finds that there has been a violation of this
  373  part or of s. 8, Art. II of the State Constitution, it is the
  374  duty of the commission to report its findings and recommend
  375  appropriate action to the proper disciplinary official or body
  376  as follows, and such official or body has the power to invoke
  377  the penalty provisions of this part, including the power to
  378  order the appropriate elections official to remove a candidate
  379  from the ballot for a violation of s. 112.3145 or s. 8(a) and
  380  (i), Art. II of the State Constitution:
  381         (a) The President of the Senate and the Speaker of the
  382  House of Representatives, jointly, in any case concerning the
  383  Public Counsel, members of the Public Service Commission,
  384  members of the Public Service Commission Nominating Council, the
  385  Auditor General, or the director of the Office of Program Policy
  386  Analysis and Government Accountability.
  387         (b) The Supreme Court, in any case concerning an employee
  388  of the judicial branch.
  389         (c) The President of the Senate, in any case concerning an
  390  employee of the Senate; the Speaker of the House of
  391  Representatives, in any case concerning an employee of the House
  392  of Representatives; the President or the Speaker, in any case
  393  concerning a person who is required to register as a lobbyist
  394  under s. 11.045 for violations of s. 112.313(2) or (6) which
  395  involve sexual favors or sexual conduct or s. 112.3126; or the
  396  President and the Speaker, jointly, in any case concerning an
  397  employee of a committee of the Legislature whose members are
  398  appointed solely by the President and the Speaker or in any case
  399  concerning an employee of the Public Counsel, Public Service
  400  Commission, Auditor General, or Office of Program Policy
  401  Analysis and Government Accountability.
  402         (d) The Governor and the Cabinet, in any case concerning a
  403  person who is required to register as a lobbyist under s.
  404  112.3215 for violations of s. 112.313(2) or (6) which involve
  405  sexual favors or sexual conduct or s. 112.3126. Additionally, a
  406  political subdivision may suspend or revoke the lobbying
  407  privileges of any person authorized to lobby that political
  408  subdivision if he or she has been found to have violated s.
  409  112.313(2) or (6) involving sexual favors or sexual conduct or
  410  s. 112.3126.
  411         (e) Except as otherwise provided by this part, the
  412  Governor, in the case of any other public officer, public
  413  employee, former public officer or public employee, candidate or
  414  former candidate, or person who is not a public officer or
  415  employee, other than lobbyists and lobbying firms under s.
  416  112.3215 for violations of s. 112.3215.
  417         (f)(e) The President of the Senate or the Speaker of the
  418  House of Representatives, whichever is applicable, in any case
  419  concerning a former member of the Legislature who has violated a
  420  provision applicable to former members or whose violation
  421  occurred while a member of the Legislature.
  422         (9) The proper disciplinary body or official, as designated
  423  by this section, shall impose any penalty for a violation of s.
  424  112.313(2) or (6) which involve sexual favors or sexual conduct,
  425  s. 112.3126(2), or s. 112.3126(3), within 90 days after the date
  426  of transmittal of the commission’s findings.
  427  
  428  ================= T I T L E  A M E N D M E N T ================
  429  And the title is amended as follows:
  430         Delete lines 13 - 28
  431  and insert:
  432         amending s. 11.045, F.S.; revising requirements for
  433         rules governing the registration of lobbyists who
  434         lobby the Legislature; creating s. 112.3126, F.S.;
  435         providing definitions; prohibiting public officers,
  436         qualified candidates, agency employees, and lobbyists
  437         from sexually harassing any person; prohibiting public
  438         officers, qualified candidates, agency employees, and
  439         lobbyists from taking any retaliatory action against
  440         an individual for filing a complaint alleging certain
  441         violations; prohibiting the intentional or reckless
  442         disclosure of identifying information of the
  443         complainant under specified circumstances; requiring
  444         an individual who gains personal knowledge of an
  445         alleged violation to report it to the Commission on
  446         Ethics or the appropriate agency within a specified
  447         timeframe; prohibiting an individual from knowingly or
  448         recklessly filing a materially false complaint;
  449         authorizing an alleged victim to have a victim
  450         advocate and attorney present in any commission
  451         hearings held in response to a complaint or referral;
  452         amending s. 112.313, F.S.; defining the term “favor”;
  453         prohibiting an individual from offering or providing
  454         sexual favors, or offering or engaging in sexual
  455         conduct, in an effort to influence a public officer or
  456         employee or obtain his or her goodwill; defining the
  457         term “benefit”; amending ss. 112.3144 and 112.3145,
  458         F.S.; requiring certification of review of sexual
  459         harassment laws and policies on full and public
  460         disclosure of financial interests or statement of
  461         financial interests beginning on a specified date;
  462         specifying that failure to certify such review does
  463         not constitute an immaterial, inconsequential, or de
  464         minimis error or omission; reenacting and amending s.
  465         112.317, F.S., relating to penalties for violations of
  466         the Code of Ethics for Public Officers and Employees;
  467         specifying penalties for certain violations of the
  468         act; requiring certain penalties to be paid into the
  469         Crimes Compensation Trust Fund; amending s. 112.3215,
  470         F.S.; revising requirements for registration of
  471         lobbyists who register to lobby before the executive
  472         branch or the Constitution Revision Commission;
  473         amending s. 112.324, F.S.; waiving the requirement
  474         that complaints alleging certain violations of the act
  475         be signed under oath or affirmation; authorizing a
  476         designated agency official to refer complaints
  477         alleging sexual harassment or sexual misconduct to the
  478         Commission on Ethics; specifying that the personal
  479         identifying information of an alleged victim of sexual
  480         harassment contained in a complaint or referral and in
  481         related materials remains confidential and exempt from
  482         public records requirements; requiring the commission
  483         to report its findings and recommendations to the
  484         proper disciplinary official or body upon finding a
  485         violation of the act; requiring the proper
  486         disciplinary official or body to impose penalties
  487         within a specified timeframe; providing an effective