Amendment
Bill No. 2646
Amendment No. 367453
CHAMBER ACTION
Senate House
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1Representative(s) Seiler offered the following:
2
3     Amendment (with title amendment)
4     On page 58, between line(s) 4 and 5,
5insert:  
6     Section 10.  Subsection (1) of section 11.062, Florida
7Statutes, is amended, current subsection (2) is redesignated as
8subsection (3), and a new subsection (2) is added to said
9section, to read:
10     11.062  Use of public state funds for lobbying prohibited;
11penalty.--
12     (1)  No funds, exclusive of salaries, travel expenses, and
13per diem, appropriated to, or otherwise available for use by,
14any executive, judicial, or quasi-judicial department shall be
15used by any public state employee or other person for lobbying
16purposes, which shall include the cost for publication and
17distribution of each publication used in lobbying; other
18printing; media; advertising, including production costs;
19postage; entertainment; and telephone and telegraph. Any public
20state employee of any executive, judicial, or quasi-judicial
21department who violates the provisions of this section shall
22have deducted from her or his salary the amount of state moneys
23spent in violation of this section.
24     (2)  Any lobbyist for any public entity shall disclose to
25the Commission on Ethics the dollar amount of the employment or
26contract agreement in a statement issued to the commission no
27later than July 1 of each year.
28     Section 11.  Section 11.475, Florida Statutes, is created
29to read:
30     11.475  Campaign activities of registered lobbyists.--
31     (1)  A person who has been an employee or independent
32contractor for any political party or individual political
33campaign is prohibited from representing another person or
34entity before the branch of government by which the person was
35employed or contracted to campaign for a period of 2 years after
36such employment or contract has ended.
37     (2)  A lobbyist, or partner, firm, employer, or principal
38of a lobbyist is prohibited from any in-kind contribution to any
39political party or candidate for public office for any travel,
40dining, or entertainment, including the use of any facilities
41owned, leased, or under the control of the lobbyist, partner,
42firm, employer, or principal. This prohibition applies to any
43function for which a political party or candidate for public
44office will inure benefit.
45     (3)  A lobbyist is prohibited from personal contributions
46to any candidate for public office unless the lobbyist is
47eligible to vote for the candidate or is domiciled in the
48candidate'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
54campaign contribution from any lobbyist, or partner, firm,
55employer, or principal of a lobbyist, prior to 1 year from the
56next primary election date; nor may any elected legislator
57accept or solicit any campaign contribution from any person
58while during any periods of any legislative session, or during
59the week of any committee meeting or any other official
60legislative business.
61     (d)  An elected legislator may not accept or solicit any
62campaign contribution from any lobbyist, or partner, firm,
63employer, or principal of a lobbyist, for any other public
64office while serving in the legislature.
65     Section 13.  Subsections (2) and (6) and paragraph (a) of
66subsection (7) of section 112.313, Florida Statutes, are amended
67to read:
68     112.313  Standards of conduct for public officers,
69employees of agencies, and local government attorneys.--
70     (2)  SOLICITATION OR ACCEPTANCE OF GIFTS.--No public
71officer, employee of an agency, local government attorney, or
72candidate for nomination or election shall solicit or accept
73anything of value to the recipient, including a gift, loan,
74reward, promise of future employment, favor, or service for any
75reason, based upon any understanding that the vote, official
76action, or judgment of the public officer, employee, local
77government attorney, or candidate would be influenced thereby.
78     (6)  MISUSE OF PUBLIC POSITION.--
79     (a)  No public officer, employee of an agency, or local
80government attorney shall corruptly use or attempt to use his or
81her official position or any property or resource which may be
82within his or her trust, or perform his or her official duties,
83to secure a special privilege, benefit, or exemption for
84himself, herself, or others. This section shall not be construed
85to conflict with s. 104.31.
86     (b)  No public officer or employee shall recommend to any
87entity a lobbyist for hire.
88     (c)  No public officer shall request from any lobbyist, or
89partner, firm, employer, or principal of a lobbyist, any funds
90for any purposes, including, but not limited to, political
91campaign contributions, charitable causes, or organizations
92under s. 527 of the United States Internal Revenue Code or its
93amended equivalent, without reporting each solicitation in a
94statement to the Commission on Ethics on a quarterly basis each
95year. The Commission on Ethics shall have the authority to adopt
96by 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
99or hold any employment or contractual relationship with any
100business entity or any agency which is subject to the regulation
101of, or is doing business with, an agency of which he or she is
102an officer or employee, excluding those organizations and their
103officers who, when acting in their official capacity, enter into
104or negotiate a collective bargaining contract with the state or
105any municipality, county, or other political subdivision of the
106state; nor shall an officer or employee of an agency have or
107hold any employment or contractual relationship that will create
108a continuing or frequently recurring conflict between his or her
109private interests and the performance of his or her public
110duties or that would impede the full and faithful discharge of
111his or her public duties. Notwithstanding any exception to the
112contrary, no legislator shall be employed by any public body
113that employs a lobbyist whose duties include assisting the
114agency to secure public dollars.
115     1.  When the agency referred to is that certain kind of
116special tax district created by general or special law and is
117limited specifically to constructing, maintaining, managing, and
118financing improvements in the land area over which the agency
119has jurisdiction, or when the agency has been organized pursuant
120to chapter 298, then employment with, or entering into a
121contractual relationship with, such business entity by a public
122officer or employee of such agency shall not be prohibited by
123this subsection or be deemed a conflict per se. However, conduct
124by such officer or employee that is prohibited by, or otherwise
125frustrates the intent of, this section shall be deemed a
126conflict of interest in violation of the standards of conduct
127set forth by this section.
128     2.  When the agency referred to is a legislative body and
129the regulatory power over the business entity resides in another
130agency, or when the regulatory power which the legislative body
131exercises over the business entity or agency is strictly through
132the enactment of laws or ordinances, then employment or a
133contractual relationship with such business entity by a public
134officer or employee of a legislative body shall not be
135prohibited by this subsection or be deemed a conflict.
136     Section 14.  Subsection (4) of section 112.3135, Florida
137Statutes, is amended to read:
138     112.3135  Restriction on employment of relatives.--
139     (4)  Legislators' relatives may be employed as pages or
140messengers during legislative sessions; however, no legislators'
141spouse, parent, or child shall work as a lobbyist for any entity
142during 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
145amended to read:
146     112.3148  Reporting and prohibited receipt of gifts by
147individuals filing full or limited public disclosure of
148financial interests and by procurement employees.--
149     (5)(a)  A political committee or a committee of continuous
150existence, as defined in s. 106.011; a lobbyist who lobbies a
151reporting individual's or procurement employee's agency; the
152partner, firm, employer, or principal of a lobbyist; or another
153on behalf of the lobbyist or partner, firm, principal, or
154employer of the lobbyist is prohibited from giving, either
155directly or indirectly, any a gift that has a value in excess of
156$100 to any the reporting individual or procurement employee or
157any other person on his or her behalf; however, such person may
158give a gift having a value in excess of $100 to a reporting
159individual or procurement employee if the gift is intended to be
160transferred to a governmental entity or a charitable
161organization.
162     (7)
163     (f)  Food and beverages which are not consumed at a single
164sitting or meal and which are provided on the same calendar day
165shall be considered a single gift, and the total value of all
166food and beverages provided on that date shall be considered the
167value of the gift. Food and beverage consumed at a single
168sitting or meal shall be considered a single gift, and the value
169of the food and beverage provided at that sitting or meal shall
170be considered the value of the gift. No lobbyist may contribute
171to any purchase of food or beverage for any reporting individual
172or procurement employee unless the lobbyist is present at the
173event for which the food or beverage is consumed.
174
175================= T I T L E  A M E N D M E N T =================
176     On page 6, line(s) 5,
177remove:  all of said line
178
179and insert:  amending s. 11.062, F.S.; revising provisions
180relating to the use of state funds for lobbying; requiring
181lobbyists to disclose certain information to the Commission on
182Ethics; creating s. 11.475, F.S.; regulating campaign activities
183of registered lobbyists; amending s. 106.08, F.S.; revising
184limitations on campaign contributions to elected legislators;
185amending s. 112.313, F.S.; revising provisions relating to
186certain public employees' solicitation or acceptance of gifts,
187misuse of public position, and conflicting or contractual
188relationships; amending s. 112.3135, F.S.; revising a
189restriction on the employment of legislators' relatives;
190amending s. 112.3148, F.S.; revising a provision relating to the
191reporting and prohibited receipt of gifts by certain
192individuals; providing an effective date.


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