Senate Bill sb2000e1
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1 A bill to be entitled
2 An act relating to ethics for public officers
3 and employees; amending s. 104.31, F.S.;
4 prohibiting employees of the state and its
5 political subdivisions from participating in a
6 political campaign; amending s. 112.313, F.S.;
7 prohibiting certain disclosures or use by a
8 former public officer, agency employee, or
9 local government attorney; redefining the term
10 "employee" to include certain
11 other-personal-services employees for certain
12 postemployment activities; clarifying that
13 existing postemployment restrictions apply to
14 certain agency employees; providing an
15 exemption from provisions prohibiting conflicts
16 in employment to a person who, after serving on
17 an advisory board, files a statement with the
18 Commission on Ethics relating to a bid or
19 submission; providing definitions; amending s.
20 112.3144, F.S.; specifying how assets and
21 liabilities valued in excess of $1,000 are to
22 be reported by a reporting individual;
23 conforming a cross-reference; amending s.
24 112.3145, F.S.; requiring that a delinquency
25 notice be sent to certain officeholders by
26 certified mail, return receipt requested;
27 amending s. 112.3147, F.S.; deleting certain
28 provisions relating to reporting the value of
29 assets; amending s. 112.3148, F.S.; providing
30 requirements for persons who have left office
31 or employment as to filing a report relating to
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1 gifts; revising certain filing deadlines;
2 amending s. 112.3149, F.S.; requiring that a
3 report of honoraria by a person who left office
4 or employment be filed by a specified date;
5 amending s. 112.317, F.S.; authorizing the
6 commission to recommend a restitution penalty
7 be paid to the agency or the General Revenue
8 Fund; authorizing the Attorney General to
9 recover costs for filing suit to collect
10 penalties and fines; deleting provisions
11 imposing a penalty for the disclosure of
12 information concerning a complaint or an
13 investigation; amending s. 112.3185, F.S.;
14 providing additional standards for state agency
15 employees relating to procurement of goods and
16 services by a state agency; authorizing an
17 employee whose position was eliminated to
18 engage in certain contractual activities;
19 amending s. 112.321, F.S.; prohibiting an
20 individual who qualifies as a lobbyist from
21 serving on the commission; prohibiting a member
22 of the commission from lobbying any state or
23 local governmental entity; providing exceptions
24 for individuals who are members of the
25 commission on July 1, 2006, until the
26 expiration of their current terms; amending s.
27 11.045, F.S.; redefining the term "expenditure"
28 for purposes of provisions governing lobbying
29 before the Legislature; amending s. 112.3215,
30 F.S.; redefining the term "expenditure" for
31 purposes of provisions governing lobbying
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1 before the executive branch or the Constitution
2 Revision Commission; applying requirements
3 concerning lobbying to county officers;
4 defining the term "county officer"; requiring
5 the commission to adopt a rule detailing the
6 grounds for waiving a fine and the procedures
7 when a lobbyist fails to timely file his or her
8 report; requiring automatic suspension of
9 certain lobbyist registrations if the fine is
10 not timely paid; requiring the commission to
11 provide written notice to affected principals
12 when a lobbyist's registration is automatically
13 suspended and reinstated; amending s. 112.322,
14 F.S.; authorizing travel and per diem expenses
15 for certain witnesses; amending s. 914.21,
16 F.S.; redefining the terms "official
17 investigation" and "official proceeding," for
18 purposes of provisions relating to tampering
19 with witnesses, to include an investigation by
20 or proceeding before the Commission on Ethics;
21 providing effective dates.
22
23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Present subsections (2) and (3) of section
26 104.31, Florida Statutes, are redesignated as subsections (3)
27 and (4), respectively, and a new subsection (2) is added to
28 that section, to read:
29 104.31 Political activities of state, county, and
30 municipal officers and employees.--
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1 (2) An employee of the state or any political
2 subdivision may not participate in any political campaign for
3 an elective office while on duty.
4 Section 2. Subsection (8), paragraph (a) of subsection
5 (9), paragraph (b) of subsection (12), and subsection (14) of
6 section 112.313, Florida Statutes, are amended to read:
7 112.313 Standards of conduct for public officers,
8 employees of agencies, and local government attorneys.--
9 (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.--A
10 current or former No public officer, employee of an agency, or
11 local government attorney may not shall disclose or use
12 information not available to members of the general public and
13 gained by reason of his or her official position, except for
14 information relating exclusively to governmental practices,
15 for his or her personal gain or benefit or for the personal
16 gain or benefit of any other person or business entity.
17 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT
18 FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
19 (a)1. It is the intent of the Legislature to implement
20 by statute the provisions of s. 8(e), Art. II of the State
21 Constitution relating to legislators, statewide elected
22 officers, appointed state officers, and designated public
23 employees.
24 2. As used in this paragraph:
25 a. "Employee" means:
26 (I) Any person employed in the executive or
27 legislative branch of government holding a position in the
28 Senior Management Service as defined in s. 110.402 or any
29 person holding a position in the Selected Exempt Service as
30 defined in s. 110.602 or any person having authority over
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1 policy or procurement employed by the Department of the
2 Lottery.
3 (II) The Auditor General, the director of the Office
4 of Program Policy Analysis and Government Accountability, the
5 Sergeant at Arms and Secretary of the Senate, and the Sergeant
6 at Arms and Clerk of the House of Representatives.
7 (III) The executive director of the Legislative
8 Committee on Intergovernmental Relations and the executive
9 director and deputy executive director of the Commission on
10 Ethics.
11 (IV) An executive director, staff director, or deputy
12 staff director of each joint committee, standing committee, or
13 select committee of the Legislature; an executive director,
14 staff director, executive assistant, analyst, or attorney of
15 the Office of the President of the Senate, the Office of the
16 Speaker of the House of Representatives, the Senate Majority
17 Party Office, Senate Minority Party Office, House Majority
18 Party Office, or House Minority Party Office; or any person,
19 hired on a contractual basis, having the power normally
20 conferred upon such persons, by whatever title.
21 (V) The Chancellor and Vice Chancellors of the State
22 University System; the general counsel to the Board of
23 Regents; and the president, vice presidents, and deans of each
24 state university.
25 (VI) Any person, including an other-personal-services
26 employee, having the power normally conferred upon the
27 positions referenced in this sub-subparagraph.
28 b. "Appointed state officer" means any member of an
29 appointive board, commission, committee, council, or authority
30 of the executive or legislative branch of state government
31 whose powers, jurisdiction, and authority are not solely
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1 advisory and include the final determination or adjudication
2 of any personal or property rights, duties, or obligations,
3 other than those relative to its internal operations.
4 c. "State agency" means an entity of the legislative,
5 executive, or judicial branch of state government over which
6 the Legislature exercises plenary budgetary and statutory
7 control.
8 3. No member of the Legislature, appointed state
9 officer, or statewide elected officer shall personally
10 represent another person or entity for compensation before the
11 government body or agency of which the individual was an
12 officer or member for a period of 2 years following vacation
13 of office. No member of the Legislature shall personally
14 represent another person or entity for compensation during his
15 or her term of office before any state agency other than
16 judicial tribunals or in settlement negotiations after the
17 filing of a lawsuit.
18 4. An No agency employee, including an agency employee
19 who was employed on July 1, 2001, in a Career Service System
20 position that was transferred to the Selected Exempt Service
21 System under chapter 2001-43, Laws of Florida, may not shall
22 personally represent another person or entity for compensation
23 before the agency with which he or she was employed for a
24 period of 2 years following vacation of position, unless
25 employed by another agency of state government.
26 5. Any person violating this paragraph shall be
27 subject to the penalties provided in s. 112.317 and a civil
28 penalty of an amount equal to the compensation which the
29 person receives for the prohibited conduct.
30 6. This paragraph is not applicable to:
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1 a. A person employed by the Legislature or other
2 agency prior to July 1, 1989;
3 b. A person who was employed by the Legislature or
4 other agency on July 1, 1989, whether or not the person was a
5 defined employee on July 1, 1989;
6 c. A person who was a defined employee of the State
7 University System or the Public Service Commission who held
8 such employment on December 31, 1994;
9 d. A person who has reached normal retirement age as
10 defined in s. 121.021(29), and who has retired under the
11 provisions of chapter 121 by July 1, 1991; or
12 e. Any appointed state officer whose term of office
13 began before January 1, 1995, unless reappointed to that
14 office on or after January 1, 1995.
15 (12) EXEMPTION.--The requirements of subsections (3)
16 and (7) as they pertain to persons serving on advisory boards
17 may be waived in a particular instance by the body which
18 appointed the person to the advisory board, upon a full
19 disclosure of the transaction or relationship to the
20 appointing body prior to the waiver and an affirmative vote in
21 favor of waiver by two-thirds vote of that body. In instances
22 in which appointment to the advisory board is made by an
23 individual, waiver may be effected, after public hearing, by a
24 determination by the appointing person and full disclosure of
25 the transaction or relationship by the appointee to the
26 appointing person. In addition, no person shall be held in
27 violation of subsection (3) or subsection (7) if:
28 (b) The business is awarded under a system of sealed,
29 competitive bidding to the lowest or best bidder and:
30 1. The official or the official's spouse or child has
31 in no way participated in the determination of the bid
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1 specifications or the determination of the lowest or best
2 bidder;
3 2. The official or the official's spouse or child has
4 in no way used or attempted to use the official's influence to
5 persuade the agency or any personnel thereof to enter such a
6 contract other than by the mere submission of the bid; and
7 3. The official, prior to or at the time of the
8 submission of the bid, has filed a statement with the
9 Commission on Ethics Department of State, if the official is a
10 state officer or employee, or with the supervisor of elections
11 of the county in which the agency has its principal office, if
12 the official is an officer or employee of a political
13 subdivision, disclosing the official's interest, or the
14 interest of the official's spouse or child, and the nature of
15 the intended business.
16 (14) LOBBYING BY FORMER LOCAL OFFICERS;
17 PROHIBITION.--A person who has been elected to any county,
18 municipal, special district, or school district office may not
19 personally represent another person or entity for compensation
20 before the government governing body or agency of which the
21 person was an officer for a period of 2 years after vacating
22 that office. For purposes of this subsection:
23 (a) The "government body or agency" of a member of a
24 board of county commissioners consists of the commission, the
25 chief administrative officer or employee of the county, and
26 their immediate support staff.
27 (b) The "government body or agency" of any other
28 county elected officer is the office or department headed by
29 that officer, including all subordinate employees.
30 (c) The "government body or agency" of an elected
31 municipal officer consists of the governing body of the
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1 municipality, the chief administrative officer or employee of
2 the municipality, and their immediate support staff.
3 (d) The "government body or agency" of an elected
4 special district officer is the special district.
5 (e) The "government body or agency" of an elected
6 school district officer is the school district.
7 Section 3. Present subsection (4) of section 112.3144,
8 Florida Statutes, is redesignated as subsection (5) and
9 amended, present subsections (5) and (6) of that section are
10 redesignated as subsections (6) and (7), respectively, and a
11 new subsection (4) is added to that section, to read:
12 112.3144 Full and public disclosure of financial
13 interests.--
14 (4)(a) With respect to reporting, on forms prescribed
15 under this section, assets valued in excess of $1,000 which
16 the reporting individual holds jointly with another person,
17 the amount reported shall be based on the reporting
18 individual's legal percentage of ownership in the property.
19 However, assets that are held jointly, with right of
20 survivorship, must be reported at 100 percent of the value of
21 the asset. For purposes of this subsection, a reporting
22 individual is deemed to own a percentage of a partnership
23 which is equal to the reporting individual's interest in the
24 capital or equity of the partnership.
25 (b)1. With respect to reporting liabilities valued in
26 excess of $1,000 on forms prescribed under this section for
27 which the reporting individual is jointly and severally
28 liable, the amount reported shall be based on the reporting
29 individual's percentage of liability rather than the total
30 amount of the liability. However, liability for a debt that is
31 secured by property owned by the reporting individual but that
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1 is held jointly, with right of survivorship, must be reported
2 at 100 percent of the total amount owed.
3 2. A separate section of the form shall be created to
4 provide for the reporting of the amounts of joint and several
5 liability of the reporting individual not otherwise reported
6 in subparagraph 1.
7 (5)(4) Forms for compliance with the full and public
8 disclosure requirements of s. 8, Art. II of the State
9 Constitution shall be created by the Commission on Ethics. The
10 commission shall give notice of disclosure deadlines and
11 delinquencies and distribute forms in the following manner:
12 (a) Not later than May 1 of each year, the commission
13 shall prepare a current list of the names and addresses of and
14 the offices held by every person required to file full and
15 public disclosure annually by s. 8, Art. II of the State
16 Constitution, or other state law. In compiling the list, the
17 commission shall be assisted by each unit of government in
18 providing at the request of the commission the name, address,
19 and name of the office held by each public official within the
20 respective unit of government.
21 (b) Not later than 30 days before July 1 of each year,
22 the commission shall mail a copy of the form prescribed for
23 compliance with full and public disclosure and a notice of the
24 filing deadline to each person on the mailing list.
25 (c) Not later than 30 days after July 1 of each year,
26 the commission shall determine which persons on the mailing
27 list have failed to file full and public disclosure and shall
28 send delinquency notices by certified mail to such persons.
29 Each notice shall state that a grace period is in effect until
30 September 1 of the current year.
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1 (d) Statements must be filed not later than 5 p.m. of
2 the due date. However, any statement that is postmarked by the
3 United States Postal Service by midnight of the due date is
4 deemed to have been filed in a timely manner, and a
5 certificate of mailing obtained from and dated by the United
6 States Postal Service at the time of the mailing, or a receipt
7 from an established courier company which bears a date on or
8 before the due date, constitutes proof of mailing in a timely
9 manner.
10 (e) Any person who is required to file full and public
11 disclosure of financial interests and whose name is on the
12 commission's mailing list but who fails to timely file is
13 assessed a fine of $25 per day for each day late up to a
14 maximum of $1,500; however this $1,500 limitation on automatic
15 fines does not limit the civil penalty that may be imposed if
16 the statement is filed more than 60 days after the deadline
17 and a complaint is filed, as provided in s. 112.324. The
18 commission must provide by rule the grounds for waiving the
19 fine and the procedures by which each person whose name is on
20 the mailing list and who is determined to have not filed in a
21 timely manner will be notified of assessed fines and may
22 appeal. The rule must provide for and make specific the
23 following:
24 1. The amount of the fine due is based upon the
25 earliest of the following:
26 a. When a statement is actually received by the
27 office.
28 b. When the statement is postmarked.
29 c. When the certificate of mailing is dated.
30 d. When the receipt from an established courier
31 company is dated.
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1 2. Upon receipt of the disclosure statement or upon
2 accrual of the maximum penalty, whichever occurs first, the
3 commission shall determine the amount of the fine which is due
4 and shall notify the delinquent person. The notice must
5 include an explanation of the appeal procedure under
6 subparagraph 3. Such fine must be paid within 30 days after
7 the notice of payment due is transmitted, unless appeal is
8 made to the commission pursuant to subparagraph 3. The moneys
9 shall be deposited into the General Revenue Fund.
10 3. Any reporting person may appeal or dispute a fine,
11 based upon unusual circumstances surrounding the failure to
12 file on the designated due date, and may request and is
13 entitled to a hearing before the commission, which may waive
14 the fine in whole or in part for good cause shown. Any such
15 request must be made within 30 days after the notice of
16 payment due is transmitted. In such a case, the reporting
17 person must, within the 30-day period, notify the person
18 designated to review the timeliness of reports in writing of
19 his or her intention to bring the matter before the
20 commission.
21 (f) Any person subject to the annual filing of full
22 and public disclosure under s. 8, Art. II of the State
23 Constitution, or other state law, whose name is not on the
24 commission's mailing list of persons required to file full and
25 public disclosure is not subject to the fines or penalties
26 provided in this part for failure to file full and public
27 disclosure in any year in which the omission occurred, but
28 nevertheless is required to file the disclosure statement.
29 (g) The notification requirements and fines of this
30 subsection do not apply to candidates or to the first filing
31 required of any person appointed to elective constitutional
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1 office or other position required to file full and public
2 disclosure, unless the person's name is on the commission's
3 notification list and the person received notification from
4 the commission. The appointing official shall notify such
5 newly appointed person of the obligation to file full and
6 public disclosure by July 1. The notification requirements and
7 fines of this subsection do not apply to the final filing
8 provided for in subsection (6) (5).
9 (h) Notwithstanding any provision of chapter 120, any
10 fine imposed under this subsection which is not waived by
11 final order of the commission and which remains unpaid more
12 than 60 days after the notice of payment due or more than 60
13 days after the commission renders a final order on the appeal
14 must be submitted to the Department of Financial Services as a
15 claim, debt, or other obligation owed to the state, and the
16 department shall assign the collection of such fine to a
17 collection agent as provided in s. 17.20.
18 Section 4. Paragraph (c) of subsection (6) of section
19 112.3145, Florida Statutes, is amended to read:
20 112.3145 Disclosure of financial interests and clients
21 represented before agencies.--
22 (6) Forms for compliance with the disclosure
23 requirements of this section and a current list of persons
24 subject to disclosure shall be created by the commission and
25 provided to each supervisor of elections. The commission and
26 each supervisor of elections shall give notice of disclosure
27 deadlines and delinquencies and distribute forms in the
28 following manner:
29 (c) Not later than 30 days after July 1 of each year,
30 the commission and each supervisor of elections shall
31 determine which persons required to file a statement of
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1 financial interests in their respective offices have failed to
2 do so and shall send delinquency notices by certified mail,
3 return receipt requested, to these such persons. Each notice
4 shall state that a grace period is in effect until September 1
5 of the current year; that no investigative or disciplinary
6 action based upon the delinquency will be taken by the agency
7 head or commission if the statement is filed by September 1 of
8 the current year; that, if the statement is not filed by
9 September 1 of the current year, a fine of $25 for each day
10 late will be imposed, up to a maximum penalty of $1,500; for
11 notices sent by a supervisor of elections, that he or she is
12 required by law to notify the commission of the delinquency;
13 and that, if upon the filing of a sworn complaint the
14 commission finds that the person has failed to timely file the
15 statement within 60 days after September 1 of the current
16 year, such person will also be subject to the penalties
17 provided in s. 112.317.
18 Section 5. Section 112.3147, Florida Statutes, is
19 amended to read:
20 112.3147 Forms.--
21 (1) All information required to be furnished by ss.
22 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
23 and by s. 8, Art. II of the State Constitution shall be on
24 forms prescribed by the Commission on Ethics.
25 (2)(a) With respect to reporting assets valued in
26 excess of $1,000 on forms prescribed pursuant to s. 112.3144
27 which the reporting individual holds jointly with another
28 person, the amount reported shall be based on the reporting
29 individual's legal percentage of ownership in the property,
30 except that assets held jointly with the reporting
31 individual's spouse shall be reported at 100 percent of the
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1 value of the asset. For purposes of this subsection, a
2 reporting individual is deemed to own an interest in a
3 partnership which corresponds to the reporting individual's
4 interest in the capital or equity of the partnership.
5 (b)1. With respect to reporting liabilities valued in
6 excess of $1,000 on forms prescribed pursuant to s. 112.3144
7 for which the reporting individual is jointly and severally
8 liable, the amount reported shall be based upon the reporting
9 individual's percentage of liability rather than the total
10 amount of the liability, except, a joint and several liability
11 with the reporting individual's spouse for a debt which
12 relates to property owned by both as tenants by the entirety
13 shall be reported at 100 percent of the total amount owed.
14 2. A separate section of the form shall be created to
15 provide for the reporting of the amounts of joint and several
16 liability of the reporting individual not otherwise reported
17 in paragraph (a).
18 Section 6. Paragraph (d) of subsection (6) and
19 subsection (8) of section 112.3148, Florida Statutes, are
20 amended to read:
21 112.3148 Reporting and prohibited receipt of gifts by
22 individuals filing full or limited public disclosure of
23 financial interests and by procurement employees.--
24 (6)
25 (d) No later than July 1 of each year, each reporting
26 individual or procurement employee shall file a statement
27 listing each gift having a value in excess of $100 received by
28 the reporting individual or procurement employee, either
29 directly or indirectly, from a governmental entity or a
30 direct-support organization specifically authorized by law to
31 support a governmental entity. The statement shall list the
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1 name of the person providing the gift, a description of the
2 gift, the date or dates on which the gift was given, and the
3 value of the total gifts given during the calendar year for
4 which the report is made. The reporting individual or
5 procurement employee shall attach to the such statement any
6 report received by him or her in accordance with paragraph
7 (c), which report shall become a public record when filed with
8 the statement of the reporting individual or procurement
9 employee. The reporting individual or procurement employee may
10 explain any differences between the report of the reporting
11 individual or procurement employee and the attached reports.
12 The annual report filed by a reporting individual shall be
13 filed with the financial disclosure statement required by
14 either s. 8, Art. II of the State Constitution or s. 112.3145,
15 as applicable to the reporting individual. The annual report
16 filed by a procurement employee shall be filed with the
17 Commission on Ethics. The report filed by a reporting
18 individual or procurement employee who left office or
19 employment during the calendar year covered by the report
20 shall be filed by July 1 of the year after leaving office or
21 employment at the same location as his or her final financial
22 disclosure statement or, in the case of a former procurement
23 employee, with the Commission on Ethics.
24 (8)(a) Each reporting individual or procurement
25 employee shall file a statement with the Commission on Ethics
26 not later than on the last day of each calendar quarter, for
27 the previous calendar quarter, containing a list of gifts
28 which he or she believes to be in excess of $100 in value, if
29 any, accepted by him or her, for which compensation was not
30 provided by the donee to the donor within 90 days of receipt
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1 of the gift to reduce the value to $100 or less, except the
2 following:
3 1. Gifts from relatives.
4 2. Gifts prohibited by subsection (4) or s.
5 112.313(4).
6 3. Gifts otherwise required to be disclosed by this
7 section.
8 (b) The statement shall include:
9 1. A description of the gift, the monetary value of
10 the gift, the name and address of the person making the gift,
11 and the dates thereof. If any of these facts, other than the
12 gift description, are unknown or not applicable, the report
13 shall so state.
14 2. A copy of any receipt for such gift provided to the
15 reporting individual or procurement employee by the donor.
16 (c) The statement may include an explanation of any
17 differences between the reporting individual's or procurement
18 employee's statement and the receipt provided by the donor.
19 (d) The reporting individual's or procurement
20 employee's statement shall be sworn to by such person as being
21 a true, accurate, and total listing of all such gifts.
22 (e) Statements must be filed not later than 5 p.m. of
23 the due date. However, any statement that is postmarked by the
24 United States Postal Service by midnight of the due date is
25 deemed to have been filed in a timely manner, and a
26 certificate of mailing obtained from and dated by the United
27 States Postal Service at the time of the mailing, or a receipt
28 from an established courier company, which bears a date on or
29 before the due date constitutes proof of mailing in a timely
30 manner.
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1 (f)(e) If a reporting individual or procurement
2 employee has not received any gifts described in paragraph (a)
3 during a calendar quarter, he or she is not required to file a
4 statement under this subsection for that calendar quarter.
5 Section 7. Subsection (6) of section 112.3149, Florida
6 Statutes, is amended to read:
7 112.3149 Solicitation and disclosure of honoraria.--
8 (6) A reporting individual or procurement employee who
9 receives payment or provision of expenses related to any
10 honorarium event from a person who is prohibited by subsection
11 (4) from paying an honorarium to a reporting individual or
12 procurement employee shall publicly disclose on an annual
13 statement the name, address, and affiliation of the person
14 paying or providing the expenses; the amount of the honorarium
15 expenses; the date of the honorarium event; a description of
16 the expenses paid or provided on each day of the honorarium
17 event; and the total value of the expenses provided to the
18 reporting individual or procurement employee in connection
19 with the honorarium event. The annual statement of honorarium
20 expenses shall be filed by July 1 of each year for those such
21 expenses received during the previous calendar year. The
22 reporting individual or procurement employee shall attach to
23 the annual statement a copy of each statement received by him
24 or her in accordance with subsection (5) regarding honorarium
25 expenses paid or provided during the calendar year for which
26 the annual statement is filed. The Such attached statement
27 shall become a public record upon the filing of the annual
28 report. The annual statement of a reporting individual shall
29 be filed with the financial disclosure statement required by
30 either s. 8, Art. II of the State Constitution or s. 112.3145,
31 as applicable to the reporting individual. The annual
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1 statement of a procurement employee shall be filed with the
2 Commission on Ethics. The statement filed by a reporting
3 individual or procurement employee who left office or
4 employment during the calendar year covered by the statement
5 shall be filed by July 1 of the year after leaving office or
6 employment at the same location as his or her final financial
7 disclosure statement or, in the case of a former procurement
8 employee, with the Commission on Ethics.
9 Section 8. Subsections (1), (2), (6), (7), and (8) of
10 section 112.317, Florida Statutes, are amended to read:
11 112.317 Penalties.--
12 (1) Violation of any provision of this part,
13 including, but not limited to, any failure to file any
14 disclosures required by this part or violation of any standard
15 of conduct imposed by this part, or violation of any provision
16 of s. 8, Art. II of the State Constitution, in addition to any
17 criminal penalty or other civil penalty involved, shall, under
18 pursuant to applicable constitutional and statutory
19 procedures, constitute grounds for, and may be punished by,
20 one or more of the following:
21 (a) In the case of a public officer:
22 1. Impeachment.
23 2. Removal from office.
24 3. Suspension from office.
25 4. Public censure and reprimand.
26 5. Forfeiture of no more than one-third salary per
27 month for no more than 12 months.
28 6. A civil penalty not to exceed $10,000.
29 7. Restitution of any pecuniary benefits received
30 because of the violation committed. The commission may
31 recommend that the restitution penalty be paid to the agency
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1 of which the public officer was a member or to the General
2 Revenue Fund.
3 (b) In the case of an employee or a person designated
4 as a public officer by this part who otherwise would be deemed
5 to be an employee:
6 1. Dismissal from employment.
7 2. Suspension from employment for not more than 90
8 days without pay.
9 3. Demotion.
10 4. Reduction in salary level.
11 5. Forfeiture of no more than one-third salary per
12 month for no more than 12 months.
13 6. A civil penalty not to exceed $10,000.
14 7. Restitution of any pecuniary benefits received
15 because of the violation committed. The commission may
16 recommend that the restitution penalty be paid to the agency
17 by which the public employee was employed, or of which the
18 officer was deemed to be an employee, or to the General
19 Revenue Fund.
20 8. Public censure and reprimand.
21 (c) In the case of a candidate who violates the
22 provisions of this part or s. 8(a) and (i), Art. II of the
23 State Constitution:
24 1. Disqualification from being on the ballot.
25 2. Public censure.
26 3. Reprimand.
27 4. A civil penalty not to exceed $10,000.
28 (d) In the case of a former public officer or employee
29 who has violated a provision applicable to former officers or
30 employees or whose violation occurred before the prior to such
31 officer's or employee's leaving public office or employment:
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1 1. Public censure and reprimand.
2 2. A civil penalty not to exceed $10,000.
3 3. Restitution of any pecuniary benefits received
4 because of the violation committed. The commission may
5 recommend that the restitution penalty be paid to the agency
6 of the public officer or employee or to the General Revenue
7 Fund.
8 (2) In any case in which the commission finds a
9 violation of this part or of s. 8, Art. II of the State
10 Constitution and the proper disciplinary official or body
11 under s. 112.324 imposes recommends a civil penalty or
12 restitution penalty, the Attorney General shall bring a civil
13 action to recover such penalty. No defense may be raised in
14 the civil action to enforce the civil penalty or order of
15 restitution that could have been raised by judicial review of
16 the administrative findings and recommendations of the
17 commission by certiorari to the district court of appeal. The
18 Attorney General shall collect any costs, attorney's fees,
19 expert witness fees, or other costs of collection incurred in
20 bringing the action.
21 (6) Any person who willfully discloses, or permits to
22 be disclosed, his or her intention to file a complaint, the
23 existence or contents of a complaint which has been filed with
24 the commission, or any document, action, or proceeding in
25 connection with a confidential preliminary investigation of
26 the commission, before such complaint, document, action, or
27 proceeding becomes a public record as provided herein commits
28 a misdemeanor of the first degree, punishable as provided in
29 s. 775.082 or s. 775.083.
30 (6)(7) In any case in which the commission finds
31 probable cause to believe that a complainant has committed
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1 perjury in regard to any document filed with, or any testimony
2 given before, the commission, it shall refer such evidence to
3 the appropriate law enforcement agency for prosecution and
4 taxation of costs.
5 (7)(8) In any case in which the commission determines
6 that a person has filed a complaint against a public officer
7 or employee with a malicious intent to injure the reputation
8 of such officer or employee by filing the complaint with
9 knowledge that the complaint contains one or more false
10 allegations or with reckless disregard for whether the
11 complaint contains false allegations of fact material to a
12 violation of this part, the complainant shall be liable for
13 costs plus reasonable attorney's fees incurred in the defense
14 of the person complained against, including the costs and
15 reasonable attorney's fees incurred in proving entitlement to
16 and the amount of costs and fees. If the complainant fails to
17 pay such costs and fees voluntarily within 30 days following
18 such finding by the commission, the commission shall forward
19 such information to the Department of Legal Affairs, which
20 shall bring a civil action in a court of competent
21 jurisdiction to recover the amount of such costs and fees
22 awarded by the commission.
23 Section 9. Section 112.3185, Florida Statutes, is
24 amended to read:
25 112.3185 Additional standards for state agency
26 employees Contractual services.--
27 (1) For the purposes of this section:
28 (a) "Contractual services" shall be defined as set
29 forth in chapter 287.
30 (b) "Agency" means any state officer, department,
31 board, commission, or council of the executive or judicial
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1 branch of state government and includes the Public Service
2 Commission.
3 (2) An No agency employee who participates through
4 decision, approval, disapproval, recommendation, preparation
5 of any part of a purchase request, influencing the content of
6 any specification or procurement standard, rendering of
7 advice, investigation, or auditing or in any other advisory
8 capacity in the procurement of contractual services may not
9 shall become or be, while an agency employee, the employee of
10 a person contracting with the agency by whom the employee is
11 employed.
12 (3) An No agency employee may not shall, after
13 retirement or termination, have or hold any employment or
14 contractual relationship with any business entity other than
15 an agency in connection with any contract in which the agency
16 employee participated personally and substantially through
17 decision, approval, disapproval, recommendation, rendering of
18 advice, or investigation while an officer or employee. When
19 the agency employee's position is eliminated and his or her
20 duties are performed by the business entity, this subsection
21 does not prohibit him or her from employment or contractual
22 relationship with the business entity if the employee's
23 participation in the contract was limited to recommendation,
24 rendering of advice, or investigation and if the agency head
25 determines that the best interests of the state will be served
26 thereby and provides prior written approval for the particular
27 employee.
28 (4) An No agency employee may not shall, within 2
29 years after retirement or termination, have or hold any
30 employment or contractual relationship with any business
31 entity other than an agency in connection with any contract
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1 for contractual services which was within his or her
2 responsibility while an employee. If the agency employee's
3 position is eliminated and his or her duties are performed by
4 the business entity, this subsection may be waived by the
5 agency head through prior written approval for a particular
6 employee if the agency head determines that the best interests
7 of the state will be served thereby.
8 (5) The sum of money paid to a former agency employee
9 during the first year after the cessation of his or her
10 responsibilities, by the agency with whom he or she was
11 employed, for contractual services provided to the agency,
12 shall not exceed the annual salary received on the date of
13 cessation of his or her responsibilities. The provisions of
14 This subsection may be waived by the agency head for a
15 particular contract if the agency head determines that such
16 waiver will result in significant time or cost savings for the
17 state.
18 (6) An No agency employee acting in an official
19 capacity may not shall directly or indirectly procure
20 contractual services for his or her own agency from any
21 business entity of which a relative is an officer, partner,
22 director, or proprietor or in which the such officer or
23 employee or his or her spouse or child, or any combination of
24 them, has a material interest.
25 (7) A violation of any provision of this section is
26 punishable in accordance with s. 112.317.
27 (8) This section is not applicable to any employee of
28 the Public Service Commission who was so employed on or before
29 December 31, 1994.
30 Section 10. Subsection (1) of section 112.321, Florida
31 Statutes, is amended to read:
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1 112.321 Membership, terms; travel expenses; staff.--
2 (1) The commission shall be composed of nine members.
3 Five of these members shall be appointed by the Governor, no
4 more than three of whom shall be from the same political
5 party, subject to confirmation by the Senate. One member
6 appointed by the Governor shall be a former city or county
7 official and may be a former member of a local planning or
8 zoning board which has only advisory duties. Two members
9 shall be appointed by the Speaker of the House of
10 Representatives, and two members shall be appointed by the
11 President of the Senate. Neither the Speaker of the House of
12 Representatives nor the President of the Senate shall appoint
13 more than one member from the same political party. Of the
14 nine members of the Commission, no more than five members
15 shall be from the same political party at any one time. No
16 member may hold any public employment. An individual who
17 qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
18 or pursuant to any local government charter or ordinance may
19 not serve as a member of the commission, except that this
20 prohibition does not apply to an individual who is a member of
21 the commission on July 1, 2006, until the expiration of his or
22 her current term. A member of the commission may not lobby any
23 state or local governmental entity as provided in s. 11.045 or
24 s. 112.3215 or as provided by any local government charter or
25 ordinance, except that this prohibition does not apply to an
26 individual who is a member of the commission on July 1, 2006,
27 until the expiration of his or her current term. All members
28 shall serve 2-year terms. A No member may not shall serve more
29 than two full terms in succession. Any member of the
30 commission may be removed for cause by majority vote of the
31 Governor, the President of the Senate, the Speaker of the
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1 House of Representatives, and the Chief Justice of the Supreme
2 Court.
3 Section 11. Effective upon this act becoming a law,
4 paragraph (d) of subsection (1) of section 11.045, Florida
5 Statutes, as amended by section 1 of chapter 2005-359, Laws of
6 Florida, is amended to read:
7 11.045 Lobbying before the Legislature; registration
8 and reporting; exemptions; penalties.--
9 (1) As used in this section, unless the context
10 otherwise requires:
11 (d) "Expenditure" means a payment, distribution, loan,
12 advance, reimbursement, deposit, or anything of value made by
13 a lobbyist or principal for the purpose of lobbying. The term
14 "expenditure" does not include contributions or expenditures
15 reported pursuant to chapter 106 or federal election law,
16 campaign-related personal services provided without
17 compensation by individuals volunteering their time, any other
18 contribution or expenditure made by or to a political party,
19 or any other contribution or expenditure made by an
20 organization that is exempt from taxation under 26 U.S.C. s.
21 527 or s. 501(c)(4). A contribution made to a political party
22 regulated under chapter 103 is not deemed an expenditure for
23 purposes of this section.
24 Section 12. Effective upon this act becoming a law,
25 paragraph (d) of subsection (1) of section 112.3215, Florida
26 Statutes, as amended by section 5 of chapter 2005-359, Laws of
27 Florida, and section 1 of chapter 2005-361, Laws of Florida,
28 is amended to read:
29 112.3215 Lobbying before the executive branch or the
30 Constitution Revision Commission; registration and reporting;
31 investigation by commission.--
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1 (1) For the purposes of this section:
2 (d) "Expenditure" means a payment, distribution, loan,
3 advance, reimbursement, deposit, or anything of value made by
4 a lobbyist or principal for the purpose of lobbying. The term
5 "expenditure" does not include contributions or expenditures
6 reported pursuant to chapter 106 or federal election law,
7 campaign-related personal services provided without
8 compensation by individuals volunteering their time, any other
9 contribution or expenditure made by or to a political party,
10 or any other contribution or expenditure made by an
11 organization that is exempt from taxation under 26 U.S.C. s.
12 527 or s. 501(c)(4). A contribution made to a political party
13 regulated under chapter 103 is not deemed an expenditure for
14 purposes of this section.
15 Section 13. Section 112.3215, Florida Statutes, as
16 amended by section 5 of chapter 2005-359, Laws of Florida, and
17 section 1 of chapter 2005-361, Laws of Florida, is amended to
18 read:
19 112.3215 Lobbying before the executive branch, county
20 officers, or the Constitution Revision Commission;
21 registration and reporting; investigation by commission.--
22 (1) For the purposes of this section:
23 (a) "Agency" means the Governor, Governor and Cabinet,
24 or any department, division, bureau, board, commission, or
25 authority of the executive branch. In addition, "agency" shall
26 mean a county officer and the Constitution Revision Commission
27 as provided by s. 2, Art. XI of the State Constitution.
28 (b) "Agency official" or "employee" means any
29 individual who is required by law to file full or limited
30 public disclosure of his or her financial interests.
31
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1 (c) "Compensation" means a payment, distribution,
2 loan, advance, reimbursement, deposit, salary, fee, retainer,
3 or anything of value provided or owed to a lobbying firm,
4 directly or indirectly, by a principal for any lobbying
5 activity.
6 (d) "County officer" means a sheriff, a tax collector,
7 a property appraiser, a supervisor of elections, or a clerk of
8 the circuit court.
9 (e)(d) "Expenditure" means a payment, distribution,
10 loan, advance, reimbursement, deposit, or anything of value
11 made by a lobbyist or principal for the purpose of lobbying. A
12 contribution made to a political party regulated under chapter
13 103 is not deemed an expenditure for purposes of this section.
14 (f)(e) "Fund" means the Executive Branch Lobby
15 Registration Trust Fund.
16 (g)(f) "Lobbies" means seeking, on behalf of another
17 person, to influence an agency with respect to a decision of
18 the agency in the area of policy or procurement or an attempt
19 to obtain the goodwill of an agency official or employee.
20 "Lobbies" also means influencing or attempting to influence,
21 on behalf of another, the Constitution Revision Commission's
22 action or nonaction through oral or written communication or
23 an attempt to obtain the goodwill of a member or employee of
24 the Constitution Revision Commission.
25 (h)(g) "Lobbying firm" means a business entity,
26 including an individual contract lobbyist, that receives or
27 becomes entitled to receive any compensation for the purpose
28 of lobbying, where any partner, owner, officer, or employee of
29 the business entity is a lobbyist.
30 (i)(h) "Lobbyist" means a person who is employed and
31 receives payment, or who contracts for economic consideration,
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1 for the purpose of lobbying, or a person who is principally
2 employed for governmental affairs by another person or
3 governmental entity to lobby on behalf of that other person or
4 governmental entity. "Lobbyist" does not include a person who
5 is:
6 1. An attorney, or any person, who represents a client
7 in a judicial proceeding or in a formal administrative
8 proceeding conducted pursuant to chapter 120 or any other
9 formal hearing before an agency, board, commission, or
10 authority of this state.
11 2. An employee of an agency or of a legislative or
12 judicial branch entity acting in the normal course of his or
13 her duties.
14 3. A confidential informant who is providing, or
15 wishes to provide, confidential information to be used for law
16 enforcement purposes.
17 4. A person who lobbies to procure a contract pursuant
18 to chapter 287 which contract is less than the threshold for
19 CATEGORY ONE as provided in s. 287.017(1)(a).
20 (j)(i) "Principal" means the person, firm,
21 corporation, or other entity which has employed or retained a
22 lobbyist.
23 (2) The Executive Branch Lobby Registration Trust Fund
24 is hereby created within the commission to be used for the
25 purpose of funding any office established to administer the
26 registration of lobbyists lobbying an agency, including the
27 payment of salaries and other expenses. The trust fund is not
28 subject to the service charge to General Revenue provisions of
29 chapter 215. All annual registration fees collected pursuant
30 to this section shall be deposited into such fund.
31
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1 (3) A person may not lobby an agency until such person
2 has registered as a lobbyist with the commission. Such
3 registration shall be due upon initially being retained to
4 lobby and is renewable on a calendar year basis thereafter.
5 Upon registration the person shall provide a statement signed
6 by the principal or principal's representative that the
7 registrant is authorized to represent the principal. The
8 principal shall also identify and designate its main business
9 on the statement authorizing that lobbyist pursuant to a
10 classification system approved by the commission. The
11 registration shall require each lobbyist to disclose, under
12 oath, the following information:
13 (a) Name and business address;
14 (b) The name and business address of each principal
15 represented;
16 (c) His or her area of interest;
17 (d) The agencies before which he or she will appear;
18 and
19 (e) The existence of any direct or indirect business
20 association, partnership, or financial relationship with any
21 employee of an agency with which he or she lobbies, or intends
22 to lobby, as disclosed in the registration.
23 (4) The annual lobbyist registration fee shall be set
24 by the commission by rule, not to exceed $40 for each
25 principal represented.
26 (5)(a)1. Each lobbying firm shall file a compensation
27 report with the commission for each calendar quarter during
28 any portion of which one or more of the firm's lobbyists were
29 registered to represent a principal. The report shall include
30 the:
31
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1 a. Full name, business address, and telephone number
2 of the lobbying firm;
3 b. Name of each of the firm's lobbyists; and
4 c. Total compensation provided or owed to the lobbying
5 firm from all principals for the reporting period, reported in
6 one of the following categories: $0; $1 to $49,999; $50,000 to
7 $99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000
8 to $999,999; $1 million or more.
9 2. For each principal represented by one or more of
10 the firm's lobbyists, the lobbying firm's compensation report
11 shall also include the:
12 a. Full name, business address, and telephone number
13 of the principal; and
14 b. Total compensation provided or owed to the lobbying
15 firm for the reporting period, reported in one of the
16 following categories: $0; $1 to $9,999; $10,000 to $19,999;
17 $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or
18 $50,000 or more. If the category "$50,000 or more" is
19 selected, the specific dollar amount of compensation must be
20 reported, rounded up or down to the nearest $1,000.
21 3. If the lobbying firm subcontracts work from another
22 lobbying firm and not from the original principal:
23 a. The lobbying firm providing the work to be
24 subcontracted shall be treated as the reporting lobbying
25 firm's principal for reporting purposes under this paragraph;
26 and
27 b. The reporting lobbying firm shall, for each
28 lobbying firm identified under subparagraph 2., identify the
29 name and address of the principal originating the lobbying
30 work.
31
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1 4. The senior partner, officer, or owner of the
2 lobbying firm shall certify to the veracity and completeness
3 of the information submitted pursuant to this paragraph, and
4 certify that no compensation has been omitted from this report
5 by deeming such compensation as "consulting services," "media
6 services," "professional services," or anything other than
7 compensation, and certify that no officer or employee of the
8 firm has made an expenditure in violation of this section.
9 (b) For each principal represented by more than one
10 lobbying firm, the commission shall aggregate the
11 reporting-period and calendar-year compensation reported as
12 provided or owed by the principal.
13 (c) The reporting statements shall be filed no later
14 than 45 days after the end of each reporting period. The four
15 reporting periods are from January 1 through March 31, April 1
16 through June 30, July 1 through September 30, and October 1
17 through December 31, respectively.
18 (d) Reports shall be filed not later than 5 p.m. of
19 the report due date. However, any report that is postmarked by
20 the United States Postal Service no later than midnight of the
21 due date shall be deemed to have been filed in a timely
22 manner, and a certificate of mailing obtained from and dated
23 by the United States Postal Service at the time of the
24 mailing, or a receipt from an established courier company
25 which bears a date on or before the due date, shall be proof
26 of mailing in a timely manner.
27 (e) The commission shall provide by rule the grounds
28 for waiving a fine, the procedures a procedure by which a
29 lobbying firm that fails to timely file a report shall be
30 notified and assessed fines, and the procedure for appealing
31 the fines. The rule shall provide for the following:
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1 1. Upon determining that the report is late, the
2 person designated to review the timeliness of reports shall
3 immediately notify the lobbying firm as to the failure to
4 timely file the report and that a fine is being assessed for
5 each late day. The fine shall be $50 per day per report for
6 each late day up to a maximum of $5,000 per late report.
7 2. Upon receipt of the report, the person designated
8 to review the timeliness of reports shall determine the amount
9 of the fine due based upon the earliest of the following:
10 a. When a report is actually received by the lobbyist
11 registration and reporting office.
12 b. When the report is postmarked.
13 c. When the certificate of mailing is dated.
14 d. When the receipt from an established courier
15 company is dated.
16 3. Such fine shall be paid within 30 days after the
17 notice of payment due is transmitted by the Lobbyist
18 Registration Office, unless appeal is made to the commission.
19 The moneys shall be deposited into the Executive Branch Lobby
20 Registration Trust Fund.
21 4. A fine shall not be assessed against a lobbying
22 firm the first time any reports for which the lobbying firm is
23 responsible are not timely filed. However, to receive the
24 one-time fine waiver, all reports for which the lobbying firm
25 is responsible must be filed within 30 days after the notice
26 that any reports have not been timely filed is transmitted by
27 the Lobbyist Registration Office. A fine shall be assessed for
28 any subsequent late-filed reports.
29 5. Any lobbying firm may appeal or dispute a fine,
30 based upon unusual circumstances surrounding the failure to
31 file on the designated due date, and may request and shall be
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1 entitled to a hearing before the commission, which shall have
2 the authority to waive the fine in whole or in part for good
3 cause shown. Any such request shall be made within 30 days
4 after the notice of payment due is transmitted by the Lobbyist
5 Registration Office. In such case, the lobbying firm shall,
6 within the 30-day period, notify the person designated to
7 review the timeliness of reports in writing of his or her
8 intention to bring the matter before the commission.
9 6. The person designated to review the timeliness of
10 reports shall notify the commission of the failure of a
11 lobbying firm to file a report after notice or of the failure
12 of a lobbying firm to pay the fine imposed. All lobbyist
13 registrations for lobbyists who are partners, owners,
14 officers, or employees of a lobbying firm that fails to timely
15 pay a fine are automatically suspended until the fine is paid
16 or waived, and the commission shall promptly notify all
17 affected principals of each suspension and each reinstatement.
18 7. Notwithstanding any provision of chapter 120, any
19 fine imposed under this subsection that is not waived by final
20 order of the commission and that remains unpaid more than 60
21 days after the notice of payment due or more than 60 days
22 after the commission renders a final order on the lobbying
23 firm's appeal shall be collected by the Department of
24 Financial Services as a claim, debt, or other obligation owed
25 to the state, and the department may assign the collection of
26 such fine to a collection agent as provided in s. 17.20.
27 (f) The commission shall adopt a rule which allows
28 reporting statements to be filed by electronic means, when
29 feasible.
30 (g) Each lobbying firm and each principal shall
31 preserve for a period of 4 years all accounts, bills,
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1 receipts, computer records, books, papers, and other documents
2 and records necessary to substantiate compensation. Any
3 documents and records retained pursuant to this section may be
4 subpoenaed for audit by the Legislative Auditing Committee
5 pursuant to s. 11.40, and such subpoena may be enforced in
6 circuit court.
7 (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or
8 any other provision of law to the contrary, no lobbyist or
9 principal shall make, directly or indirectly, and no agency
10 official, member, or employee shall knowingly accept, directly
11 or indirectly, any expenditure.
12 (b) No person shall provide compensation for lobbying
13 to any individual or business entity that is not a lobbying
14 firm.
15 (7) A lobbyist shall promptly send a written statement
16 to the commission canceling the registration for a principal
17 upon termination of the lobbyist's representation of that
18 principal. Notwithstanding this requirement, the commission
19 may remove the name of a lobbyist from the list of registered
20 lobbyists if the principal notifies the office that a person
21 is no longer authorized to represent that principal.
22 (8)(a) The commission shall investigate every sworn
23 complaint that is filed with it alleging that a person covered
24 by this section has failed to register, has failed to submit a
25 compensation report, or has knowingly submitted false
26 information in any report or registration required in this
27 section.
28 (b) All proceedings, the complaint, and other records
29 relating to the investigation are confidential and exempt from
30 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
31 State Constitution, and any meetings held pursuant to an
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1 investigation are exempt from the provisions of s. 286.011(1)
2 and s. 24(b), Art. I of the State Constitution either until
3 the alleged violator requests in writing that such
4 investigation and associated records and meetings be made
5 public or until the commission determines, based on the
6 investigation, whether probable cause exists to believe that a
7 violation has occurred.
8 (c) The commission shall investigate any lobbying
9 firm, agency, officer, or employee upon receipt of information
10 from a sworn complaint or from a random audit of lobbying
11 reports indicating a possible violation other than a
12 late-filed report.
13 (d) Records relating to an audit conducted pursuant to
14 this section or an investigation conducted pursuant to this
15 section or s. 112.32155 are confidential and exempt from s.
16 119.07(1) and s. 24(a), Art. I of the State Constitution, and
17 any meetings held pursuant to such an investigation or at
18 which such an audit is discussed are exempt from s. 286.011
19 and s. 24(b), Art. I of the State Constitution either until
20 the lobbying firm requests in writing that such investigation
21 and associated records and meetings be made public or until
22 the commission determines there is probable cause that the
23 audit reflects a violation of the reporting laws. This
24 paragraph is subject to the Open Government Sunset Review Act
25 in accordance with s. 119.15 and shall stand repealed on
26 October 2, 2011, unless reviewed and saved from repeal through
27 reenactment by the Legislature.
28 (9) If the commission finds no probable cause to
29 believe that a violation of this section occurred, it shall
30 dismiss the complaint, whereupon the complaint, together with
31 a written statement of the findings of the investigation and a
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1 summary of the facts, shall become a matter of public record,
2 and the commission shall send a copy of the complaint,
3 findings, and summary to the complainant and the alleged
4 violator. If, after investigating information from a random
5 audit of lobbying reports, the commission finds no probable
6 cause to believe that a violation of this section occurred, a
7 written statement of the findings of the investigation and a
8 summary of the facts shall become a matter of public record,
9 and the commission shall send a copy of the findings and
10 summary to the alleged violator. If the commission finds
11 probable cause to believe that a violation occurred, it shall
12 report the results of its investigation to the Governor and
13 Cabinet and send a copy of the report to the alleged violator
14 by certified mail. Such notification and all documents made or
15 received in the disposition of the complaint shall then become
16 public records. Upon request submitted to the Governor and
17 Cabinet in writing, any person whom the commission finds
18 probable cause to believe has violated any provision of this
19 section shall be entitled to a public hearing. Such person
20 shall be deemed to have waived the right to a public hearing
21 if the request is not received within 14 days following the
22 mailing of the probable cause notification. However, the
23 Governor and Cabinet may on its own motion require a public
24 hearing and may conduct such further investigation as it deems
25 necessary.
26 (10) If the Governor and Cabinet finds that a
27 violation occurred, it may reprimand the violator, censure the
28 violator, or prohibit the violator from lobbying all agencies
29 for a period not to exceed 2 years. If the violator is a
30 lobbying firm, the Governor and Cabinet may also assess a fine
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CS for SB 2000 First Engrossed
1 of not more than $5,000 to be deposited in the Executive
2 Branch Lobby Registration Trust Fund.
3 (11) Any person, when in doubt about the applicability
4 and interpretation of this section to himself or herself in a
5 particular context, may submit in writing the facts of the
6 situation to the commission with a request for an advisory
7 opinion to establish the standard of duty. An advisory opinion
8 shall be rendered by the commission and, until amended or
9 revoked, shall be binding on the conduct of the person who
10 sought the opinion, unless material facts were omitted or
11 misstated in the request.
12 (12) Agencies shall be diligent to ascertain whether
13 persons required to register pursuant to this section have
14 complied. An agency may not knowingly permit a person who is
15 not registered pursuant to this section to lobby the agency.
16 (13) Upon discovery of violations of this section an
17 agency or any person may file a sworn complaint with the
18 commission.
19 (14) The commission shall adopt rules to administer
20 this section, which shall prescribe forms for registration and
21 compensation reports, procedures for registration, and
22 procedures that will prevent disclosure of information that is
23 confidential as provided in this section.
24 Section 14. Effective April 1, 2007, paragraph (d) of
25 subsection (5) of section 112.3215, Florida Statutes, as
26 amended by this act, section 6 of chapter 2005-359, Laws of
27 Florida, and section 1 of chapter 2005-361, Laws of Florida,
28 is amended to read:
29 112.3215 Lobbying before the executive branch, county
30 officers, or the Constitution Revision Commission;
31 registration and reporting; investigation by commission.--
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1 (5)
2 (d) The commission shall provide by rule the grounds
3 for waiving a fine, the procedures a procedure by which a
4 lobbying firm that fails to timely file a report shall be
5 notified and assessed fines, and the procedure for appealing
6 the fines. The rule shall provide for the following:
7 1. Upon determining that the report is late, the
8 person designated to review the timeliness of reports shall
9 immediately notify the lobbying firm as to the failure to
10 timely file the report and that a fine is being assessed for
11 each late day. The fine shall be $50 per day per report for
12 each late day up to a maximum of $5,000 per late report.
13 2. Upon receipt of the report, the person designated
14 to review the timeliness of reports shall determine the amount
15 of the fine due based upon the earliest of the following:
16 a. When a report is actually received by the lobbyist
17 registration and reporting office.
18 b. When the electronic receipt issued pursuant to s.
19 112.32155 is dated.
20 3. Such fine shall be paid within 30 days after the
21 notice of payment due is transmitted by the Lobbyist
22 Registration Office, unless appeal is made to the commission.
23 The moneys shall be deposited into the Executive Branch Lobby
24 Registration Trust Fund.
25 4. A fine shall not be assessed against a lobbying
26 firm the first time any reports for which the lobbying firm is
27 responsible are not timely filed. However, to receive the
28 one-time fine waiver, all reports for which the lobbying firm
29 is responsible must be filed within 30 days after the notice
30 that any reports have not been timely filed is transmitted by
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1 the Lobbyist Registration Office. A fine shall be assessed for
2 any subsequent late-filed reports.
3 5. Any lobbying firm may appeal or dispute a fine,
4 based upon unusual circumstances surrounding the failure to
5 file on the designated due date, and may request and shall be
6 entitled to a hearing before the commission, which shall have
7 the authority to waive the fine in whole or in part for good
8 cause shown. Any such request shall be made within 30 days
9 after the notice of payment due is transmitted by the Lobbyist
10 Registration Office. In such case, the lobbying firm shall,
11 within the 30-day period, notify the person designated to
12 review the timeliness of reports in writing of his or her
13 intention to bring the matter before the commission.
14 6. The person designated to review the timeliness of
15 reports shall notify the commission of the failure of a
16 lobbying firm to file a report after notice or of the failure
17 of a lobbying firm to pay the fine imposed. All lobbyist
18 registrations for lobbyists who are partners, owners,
19 officers, or employees of a lobbying firm that fails to timely
20 pay a fine are automatically suspended until the fine is paid
21 or waived, and the commission shall promptly notify all
22 affected principals of each suspension and each reinstatement.
23 7. Notwithstanding any provision of chapter 120, any
24 fine imposed under this subsection that is not waived by final
25 order of the commission and that remains unpaid more than 60
26 days after the notice of payment due or more than 60 days
27 after the commission renders a final order on the lobbying
28 firm's appeal shall be collected by the Department of
29 Financial Services as a claim, debt, or other obligation owed
30 to the state, and the department may assign the collection of
31 such fine to a collection agent as provided in s. 17.20.
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1 Section 15. Subsection (4) of section 112.322, Florida
2 Statutes, is amended to read:
3 112.322 Duties and powers of commission.--
4 (4) The commission has the power to subpoena, audit,
5 and investigate. The commission may subpoena witnesses and
6 compel their attendance and testimony, administer oaths and
7 affirmations, take evidence, and require by subpoena the
8 production of any books, papers, records, or other items
9 relevant to the performance of the duties of the commission or
10 to the exercise of its powers. The commission may delegate to
11 its investigators the authority to administer oaths and
12 affirmations. The commission may delegate the authority to
13 issue subpoenas to its chair, and may authorize its employees
14 to serve any subpoena issued under this section. In the case
15 of a refusal to obey a subpoena issued to any person, the
16 commission may make application to any circuit court of this
17 state which shall have jurisdiction to order the witness to
18 appear before the commission and to produce evidence, if so
19 ordered, or to give testimony touching on the matter in
20 question. Failure to obey the order may be punished by the
21 court as contempt. Witnesses shall be paid mileage and
22 witnesses fees as authorized for witnesses in civil cases,
23 except that a witness who is required to travel outside the
24 county of his or her residence to testify is entitled to per
25 diem and travel expenses at the same rate provided for state
26 employees under s. 112.061, to be paid after the witness
27 appears.
28 Section 16. Subsections (3) and (4) of section 914.21,
29 Florida Statutes, are amended to read:
30 914.21 Definitions.--As used in ss. 914.22-914.24, the
31 term:
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1 (3) "Official investigation" means any investigation
2 instituted by a law enforcement agency or prosecuting officer
3 of the state or a political subdivision of the state or the
4 Commission on Ethics.
5 (4) "Official proceeding" means:
6 (a) A proceeding before a judge or court or a grand
7 jury;
8 (b) A proceeding before the Legislature; or
9 (c) A proceeding before a federal agency that which is
10 authorized by law; or.
11 (d) A proceeding before the Commission on Ethics.
12 Section 17. Except as otherwise expressly provided in
13 this act and except for this section, which shall take effect
14 upon becoming a law, this act shall take effect October 1,
15 2006.
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