CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1097

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Cosgrove offered the following:

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13         Amendment (with title amendment) 

14         On page 21, between lines 28 and 29 of the bill

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16  insert:

17         Section 12.  Section 112.3155, Florida Statutes, is

18  created to read:

19         112.3155  Legislators and Cabinet members as candidates

20  for public office; disclosure violations; penalties.--

21         (1)  It is a violation of this part for:

22         (a)  Any legislator or Cabinet member who is a

23  candidate for public office who uses campaign funds exceeding

24  $10,000 for a personal business debt and fails to disclose

25  such payments with respect to a vote on any legislation or

26  issue before the Cabinet that would inure to the special

27  private benefit of an individual if the individual was

28  involved in a business relationship with such elected official

29  within the last 5 years.

30         (b)  Any legislator or Cabinet member seeking statewide

31  office who receives campaign contributions bundled in an

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1097

    Amendment No.     (for drafter's use only)





 1  amount exceeding the limit of $500 within 30 days before a

 2  legislative session from any individual or industry for which

 3  a tax break vote is made, to fail to disclose such special

 4  interest nexus; or, if such officeholder has had a personal

 5  business relationship with a registered lobbyist in the last 5

 6  years who represents such special interest, to fail to

 7  disclose that relationship.

 8         (c)  Any legislator who is a candidate for a Cabinet

 9  office, and who serves for compensation on a board of

10  directors of an entity regulated by the Cabinet office sought,

11  to fail to disclose such relationship in each vote made with

12  respect to legislation that would inure to the special private

13  benefit of that entity, to resign from his or her office or

14  the board effective not less than 6 months prior to

15  qualifying, or to return such compensation to the regulated

16  entity.

17         (2)  Disclosures required under this section must be

18  filed with the appropriate officer responsible for receiving

19  such disclosures.

20         (3)  Failure to make a disclosure required by this

21  section shall constitute grounds for removal from office and

22  disqualification from being on the ballot as provided in s.

23  112.317.

24         Section 13.  Section 112.3157, Florida Statutes, is

25  created to read:

26         112.3157  Additional disclosures required of

27  legislators, Cabinet members, and lobbyists; penalties.--

28         (1)(a)  Any legislator or Cabinet member who has in his

29  or her employ any person whose spouse is a registered lobbyist

30  must file a conflict of interest disclosure for any issue for

31  which that lobbyist is registered for a time period within 4

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1097

    Amendment No.     (for drafter's use only)





 1  years from such relationship.

 2         (b)  Any legislator who expends more than $10,000 for

 3  any campaign expense shall be required to produce records,

 4  receipts, and other proof of such services or purchases as

 5  part of the public records required of this state.

 6         (c)  Any legislator or Cabinet member who, within the

 7  past 5 years, has had a business relationship with a

 8  registered lobbyist, must disclose such relationship for every

 9  issue and every bill for which that lobbyist is registered.

10         (d)  Any legislator or Cabinet member who has received

11  payment in any form or received services from any registered

12  lobbyist who has solicited campaign funds on behalf of such

13  legislator or Cabinet member shall disclose such payments or

14  services, including payments on behalf of any business

15  interest with said lobbyist in the last 5 years.

16         (e)  Any lobbyist who receives direct compensation in

17  excess of $25,000 from any entity contributing to a legislator

18  or Cabinet member within the last 5 years shall disclose such

19  interest for every vote for which that lobbyist is registered.

20         (2)  Failure to comply with any provision of this

21  section constitutes a violation of this part and a felony of

22  the third degree, punishable as provided in s. 775.083, by a

23  fine of $5,000, and by removal from office. If the violation

24  is by a lobbyist, such person may no longer lobby the

25  Legislature or the Cabinet.

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27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         Beginning on page 1, line 2 through page 2, line 2

31  remove from the title of the bill:  all of said lines

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1097

    Amendment No.     (for drafter's use only)





 1  and insert in lieu thereof:

 2         An act relating to public disclosure; creating

 3         s. 106.0705, F.S.; requiring campaign

 4         treasurer's reports that are to be filed with

 5         the Division of Elections to be filed

 6         electronically when aggregate contributions or

 7         expenditures exceed a specified amount;

 8         providing filing requirements; providing

 9         penalties; providing rulemaking authority;

10         amending s. 106.04, F.S., relating to

11         committees of continuous existence, to conform;

12         removing requirement for duplicate copies of

13         reports; amending s. 106.07, F.S., relating to

14         campaign treasurer's reports; removing

15         requirement for duplicate reports; revising

16         reporting periods and requirements; amending s.

17         106.12, F.S.; providing for a petty cash fund

18         based on the revised reporting periods;

19         amending s. 106.29, F.S., relating to reports

20         by political parties; removing requirement for

21         duplicate reports; revising reporting periods

22         and requirements, to conform; amending ss.

23         105.08, 106.025, 106.08, and 106.18, F.S.,

24         relating to reporting requirements applicable

25         to candidates for retention to judicial office,

26         campaign fund raisers held on behalf of a

27         political party by its state or county

28         executive committee, nonallocable, in-kind

29         contributions by candidates and political

30         parties, and the granting of certificates of

31         election, to conform; creating s. 112.3155,

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1097

    Amendment No.     (for drafter's use only)





 1         F.S.; providing disclosure requirements for

 2         legislators and Cabinet members who are

 3         candidates for public office; providing

 4         penalties; creating s. 112.3157, F.S.;

 5         requiring certain disclosure by legislators,

 6         Cabinet members, and lobbyists; providing

 7         penalties; providing effective dates.

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    File original & 9 copies    05/02/00
    her0001                     07:04 am         01097-0119-245487