| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 58, between line(s) 4 and 5, |
| 5 | insert: |
| 6 | Section 10. Subsection (1) of section 11.062, Florida |
| 7 | Statutes, is amended, current subsection (2) is redesignated as |
| 8 | subsection (3), and a new subsection (2) is added to said |
| 9 | section, to read: |
| 10 | 11.062 Use of public state funds for lobbying prohibited; |
| 11 | penalty.-- |
| 12 | (1) No funds, exclusive of salaries, travel expenses, and |
| 13 | per diem, appropriated to, or otherwise available for use by, |
| 14 | any executive, judicial, or quasi-judicial department shall be |
| 15 | used by any public state employee or other person for lobbying |
| 16 | purposes, which shall include the cost for publication and |
| 17 | distribution of each publication used in lobbying; other |
| 18 | printing; media; advertising, including production costs; |
| 19 | postage; entertainment; and telephone and telegraph. Any public |
| 20 | state employee of any executive, judicial, or quasi-judicial |
| 21 | department who violates the provisions of this section shall |
| 22 | have deducted from her or his salary the amount of state moneys |
| 23 | spent in violation of this section. |
| 24 | (2) Any lobbyist for any public entity shall disclose to |
| 25 | the Commission on Ethics the dollar amount of the employment or |
| 26 | contract agreement in a statement issued to the commission no |
| 27 | later than July 1 of each year. |
| 28 | Section 11. Section 11.475, Florida Statutes, is created |
| 29 | to read: |
| 30 | 11.475 Campaign activities of registered lobbyists.-- |
| 31 | (1) A person who has been an employee or independent |
| 32 | contractor for any political party or individual political |
| 33 | campaign is prohibited from representing another person or |
| 34 | entity before the branch of government by which the person was |
| 35 | employed or contracted to campaign for a period of 2 years after |
| 36 | such employment or contract has ended. |
| 37 | (2) A lobbyist, or partner, firm, employer, or principal |
| 38 | of a lobbyist is prohibited from any in-kind contribution to any |
| 39 | political party or candidate for public office for any travel, |
| 40 | dining, or entertainment, including the use of any facilities |
| 41 | owned, leased, or under the control of the lobbyist, partner, |
| 42 | firm, employer, or principal. This prohibition applies to any |
| 43 | function for which a political party or candidate for public |
| 44 | office will inure benefit. |
| 45 | (3) A lobbyist is prohibited from personal contributions |
| 46 | to any candidate for public office unless the lobbyist is |
| 47 | eligible to vote for the candidate or is domiciled in the |
| 48 | candidate's district. |
| 49 | Section 12. Paragraphs (c) and (d) are added to subsection |
| 50 | (2) of section 106.08, Florida Statutes, to read: |
| 51 | 106.08 Contributions; limitations on.-- |
| 52 | (2) |
| 53 | (c) An elected legislator may not accept or solicit any |
| 54 | campaign contribution from any lobbyist, or partner, firm, |
| 55 | employer, or principal of a lobbyist, prior to 1 year from the |
| 56 | next primary election date; nor may any elected legislator |
| 57 | accept or solicit any campaign contribution from any person |
| 58 | while during any periods of any legislative session, or during |
| 59 | the week of any committee meeting or any other official |
| 60 | legislative business. |
| 61 | (d) An elected legislator may not accept or solicit any |
| 62 | campaign contribution from any lobbyist, or partner, firm, |
| 63 | employer, or principal of a lobbyist, for any other public |
| 64 | office while serving in the legislature. |
| 65 | Section 13. Subsections (2) and (6) and paragraph (a) of |
| 66 | subsection (7) of section 112.313, Florida Statutes, are amended |
| 67 | to read: |
| 68 | 112.313 Standards of conduct for public officers, |
| 69 | employees of agencies, and local government attorneys.-- |
| 70 | (2) SOLICITATION OR ACCEPTANCE OF GIFTS.--No public |
| 71 | officer, employee of an agency, local government attorney, or |
| 72 | candidate for nomination or election shall solicit or accept |
| 73 | anything of value to the recipient, including a gift, loan, |
| 74 | reward, promise of future employment, favor, or service for any |
| 75 | reason, based upon any understanding that the vote, official |
| 76 | action, or judgment of the public officer, employee, local |
| 77 | government attorney, or candidate would be influenced thereby. |
| 78 | (6) MISUSE OF PUBLIC POSITION.-- |
| 79 | (a) No public officer, employee of an agency, or local |
| 80 | government attorney shall corruptly use or attempt to use his or |
| 81 | her official position or any property or resource which may be |
| 82 | within his or her trust, or perform his or her official duties, |
| 83 | to secure a special privilege, benefit, or exemption for |
| 84 | himself, herself, or others. This section shall not be construed |
| 85 | to conflict with s. 104.31. |
| 86 | (b) No public officer or employee shall recommend to any |
| 87 | entity a lobbyist for hire. |
| 88 | (c) No public officer shall request from any lobbyist, or |
| 89 | partner, firm, employer, or principal of a lobbyist, any funds |
| 90 | for any purposes, including, but not limited to, political |
| 91 | campaign contributions, charitable causes, or organizations |
| 92 | under s. 527 of the United States Internal Revenue Code or its |
| 93 | amended equivalent, without reporting each solicitation in a |
| 94 | statement to the Commission on Ethics on a quarterly basis each |
| 95 | year. The Commission on Ethics shall have the authority to adopt |
| 96 | by rule dates and forms to administer this paragraph. |
| 97 | (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- |
| 98 | (a) No public officer or employee of an agency shall have |
| 99 | or hold any employment or contractual relationship with any |
| 100 | business entity or any agency which is subject to the regulation |
| 101 | of, or is doing business with, an agency of which he or she is |
| 102 | an officer or employee, excluding those organizations and their |
| 103 | officers who, when acting in their official capacity, enter into |
| 104 | or negotiate a collective bargaining contract with the state or |
| 105 | any municipality, county, or other political subdivision of the |
| 106 | state; nor shall an officer or employee of an agency have or |
| 107 | hold any employment or contractual relationship that will create |
| 108 | a continuing or frequently recurring conflict between his or her |
| 109 | private interests and the performance of his or her public |
| 110 | duties or that would impede the full and faithful discharge of |
| 111 | his or her public duties. Notwithstanding any exception to the |
| 112 | contrary, no legislator shall be employed by any public body |
| 113 | that employs a lobbyist whose duties include assisting the |
| 114 | agency to secure public dollars. |
| 115 | 1. When the agency referred to is that certain kind of |
| 116 | special tax district created by general or special law and is |
| 117 | limited specifically to constructing, maintaining, managing, and |
| 118 | financing improvements in the land area over which the agency |
| 119 | has jurisdiction, or when the agency has been organized pursuant |
| 120 | to chapter 298, then employment with, or entering into a |
| 121 | contractual relationship with, such business entity by a public |
| 122 | officer or employee of such agency shall not be prohibited by |
| 123 | this subsection or be deemed a conflict per se. However, conduct |
| 124 | by such officer or employee that is prohibited by, or otherwise |
| 125 | frustrates the intent of, this section shall be deemed a |
| 126 | conflict of interest in violation of the standards of conduct |
| 127 | set forth by this section. |
| 128 | 2. When the agency referred to is a legislative body and |
| 129 | the regulatory power over the business entity resides in another |
| 130 | agency, or when the regulatory power which the legislative body |
| 131 | exercises over the business entity or agency is strictly through |
| 132 | the enactment of laws or ordinances, then employment or a |
| 133 | contractual relationship with such business entity by a public |
| 134 | officer or employee of a legislative body shall not be |
| 135 | prohibited by this subsection or be deemed a conflict. |
| 136 | Section 14. Subsection (4) of section 112.3135, Florida |
| 137 | Statutes, is amended to read: |
| 138 | 112.3135 Restriction on employment of relatives.-- |
| 139 | (4) Legislators' relatives may be employed as pages or |
| 140 | messengers during legislative sessions; however, no legislators' |
| 141 | spouse, parent, or child shall work as a lobbyist for any entity |
| 142 | during the term of office of the legislator. |
| 143 | Section 15. Paragraph (a) of subsection (5) and paragraph |
| 144 | (f) of subsection (7) of section 112.3148, Florida Statutes, are |
| 145 | amended to read: |
| 146 | 112.3148 Reporting and prohibited receipt of gifts by |
| 147 | individuals filing full or limited public disclosure of |
| 148 | financial interests and by procurement employees.-- |
| 149 | (5)(a) A political committee or a committee of continuous |
| 150 | existence, as defined in s. 106.011; a lobbyist who lobbies a |
| 151 | reporting individual's or procurement employee's agency; the |
| 152 | partner, firm, employer, or principal of a lobbyist; or another |
| 153 | on behalf of the lobbyist or partner, firm, principal, or |
| 154 | employer of the lobbyist is prohibited from giving, either |
| 155 | directly or indirectly, any a gift that has a value in excess of |
| 156 | $100 to any the reporting individual or procurement employee or |
| 157 | any other person on his or her behalf; however, such person may |
| 158 | give a gift having a value in excess of $100 to a reporting |
| 159 | individual or procurement employee if the gift is intended to be |
| 160 | transferred to a governmental entity or a charitable |
| 161 | organization. |
| 162 | (7) |
| 163 | (f) Food and beverages which are not consumed at a single |
| 164 | sitting or meal and which are provided on the same calendar day |
| 165 | shall be considered a single gift, and the total value of all |
| 166 | food and beverages provided on that date shall be considered the |
| 167 | value of the gift. Food and beverage consumed at a single |
| 168 | sitting or meal shall be considered a single gift, and the value |
| 169 | of the food and beverage provided at that sitting or meal shall |
| 170 | be considered the value of the gift. No lobbyist may contribute |
| 171 | to any purchase of food or beverage for any reporting individual |
| 172 | or procurement employee unless the lobbyist is present at the |
| 173 | event for which the food or beverage is consumed. |
| 174 |
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| 175 | ================= T I T L E A M E N D M E N T ================= |
| 176 | On page 6, line(s) 5, |
| 177 | remove: all of said line |
| 178 |
|
| 179 | and insert: amending s. 11.062, F.S.; revising provisions |
| 180 | relating to the use of state funds for lobbying; requiring |
| 181 | lobbyists to disclose certain information to the Commission on |
| 182 | Ethics; creating s. 11.475, F.S.; regulating campaign activities |
| 183 | of registered lobbyists; amending s. 106.08, F.S.; revising |
| 184 | limitations on campaign contributions to elected legislators; |
| 185 | amending s. 112.313, F.S.; revising provisions relating to |
| 186 | certain public employees' solicitation or acceptance of gifts, |
| 187 | misuse of public position, and conflicting or contractual |
| 188 | relationships; amending s. 112.3135, F.S.; revising a |
| 189 | restriction on the employment of legislators' relatives; |
| 190 | amending s. 112.3148, F.S.; revising a provision relating to the |
| 191 | reporting and prohibited receipt of gifts by certain |
| 192 | individuals; providing an effective date. |