Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1372
Ì533978`Î533978
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2015 .
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The Committee on Rules (Joyner) recommended the following:
1 Senate Substitute for Amendment (381578) (with title
2 amendment)
3
4 Delete lines 408 - 744
5 and insert:
6 Section 6. Section 112.3261, Florida Statutes, is amended
7 to read:
8 112.3261 Lobbying before governmental entities water
9 management districts; registration and reporting.—
10 (1) As used in this section, the term:
11 (a) “Governmental entity” or “entity” “District” means a
12 water management district created in s. 373.069 and operating
13 under the authority of chapter 373, a hospital district, a
14 children’s services district, an expressway authority as the
15 term “authority” is defined in s. 348.0002, the term “port
16 authority” as defined in s. 315.02, a county or municipality
17 that has not adopted lobbyist registration and reporting
18 requirements, or an independent special district with annual
19 revenues of more than $5 million which exercises ad valorem
20 taxing authority.
21 (b) “Lobbies” means seeking, on behalf of another person,
22 to influence a governmental entity district with respect to a
23 decision of the entity district in an area of policy or
24 procurement or an attempt to obtain the goodwill of an a
25 district official or employee of a governmental entity. The term
26 “lobbies” shall be interpreted and applied consistently with the
27 rules of the commission implementing s. 112.3215.
28 (c) “Lobbyist” has the same meaning as provided in s.
29 112.3215.
30 (d) “Principal” has the same meaning as provided in s.
31 112.3215.
32 (2) A person may not lobby a governmental entity district
33 until such person has registered as a lobbyist with that entity
34 district. Such registration shall be due upon initially being
35 retained to lobby and is renewable on a calendar-year basis
36 thereafter. Upon registration, the person shall provide a
37 statement signed by the principal or principal’s representative
38 stating that the registrant is authorized to represent the
39 principal. The principal shall also identify and designate its
40 main business on the statement authorizing that lobbyist
41 pursuant to a classification system approved by the governmental
42 entity district. Any changes to the information required by this
43 section must be disclosed within 15 days by filing a new
44 registration form. The registration form shall require each
45 lobbyist to disclose, under oath, the following:
46 (a) The lobbyist’s name and business address.
47 (b) The name and business address of each principal
48 represented.
49 (c) The existence of any direct or indirect business
50 association, partnership, or financial relationship with an
51 official any officer or employee of a governmental entity
52 district with which he or she lobbies or intends to lobby.
53 (d) A governmental entity shall create a lobbyist
54 registration form modeled after the In lieu of creating its own
55 lobbyist registration forms, a district may accept a completed
56 legislative branch or executive branch lobbyist registration
57 form, which must be returned to the governmental entity.
58 (3) A governmental entity district shall make lobbyist
59 registrations available to the public. If a governmental entity
60 district maintains a website, a database of currently registered
61 lobbyists and principals must be available on the entity’s
62 district’s website.
63 (4) A lobbyist shall promptly send a written statement to
64 the governmental entity district canceling the registration for
65 a principal upon termination of the lobbyist’s representation of
66 that principal. A governmental entity district may remove the
67 name of a lobbyist from the list of registered lobbyists if the
68 principal notifies the entity district that a person is no
69 longer authorized to represent that principal.
70 (5) A governmental entity district may establish an annual
71 lobbyist registration fee, not to exceed $40, for each principal
72 represented. The governmental entity district may use
73 registration fees only to administer this section.
74 (6) A governmental entity district shall be diligent to
75 ascertain whether persons required to register pursuant to this
76 section have complied. A governmental entity district may not
77 knowingly authorize a person who is not registered pursuant to
78 this section to lobby the entity district.
79 (7) Upon receipt of a sworn complaint alleging that a
80 lobbyist or principal has failed to register with a governmental
81 entity district or has knowingly submitted false information in
82 a report or registration required under this section, the
83 commission shall investigate a lobbyist or principal pursuant to
84 the procedures established under s. 112.324. The commission
85 shall provide the Governor with a report of its findings and
86 recommendations in any investigation conducted pursuant to this
87 subsection. The Governor is authorized to enforce the
88 commission’s findings and recommendations.
89 (8) A governmental entity Water management districts may
90 adopt rules to establish procedures to govern the registration
91 of lobbyists, including the adoption of forms and the
92 establishment of a lobbyist registration fee.
93 Section 7. Paragraph (c) of subsection (3) of section
94 129.03, Florida Statutes, is amended to read:
95 129.03 Preparation and adoption of budget.—
96 (3) The county budget officer, after tentatively
97 ascertaining the proposed fiscal policies of the board for the
98 next fiscal year, shall prepare and present to the board a
99 tentative budget for the next fiscal year for each of the funds
100 provided in this chapter, including all estimated receipts,
101 taxes to be levied, and balances expected to be brought forward
102 and all estimated expenditures, reserves, and balances to be
103 carried over at the end of the year.
104 (c) The board shall hold public hearings to adopt tentative
105 and final budgets pursuant to s. 200.065. The hearings shall be
106 primarily for the purpose of hearing requests and complaints
107 from the public regarding the budgets and the proposed tax
108 levies and for explaining the budget and any proposed or adopted
109 amendments. The tentative budget must be posted on the county’s
110 official website at least 2 days before the public hearing to
111 consider such budget and must remain on the website for at least
112 45 days. The final budget must be posted on the website within
113 30 days after adoption and must remain on the website for at
114 least 2 years. The tentative budgets, adopted tentative budgets,
115 and final budgets shall be filed in the office of the county
116 auditor as a public record. Sufficient reference in words and
117 figures to identify the particular transactions shall be made in
118 the minutes of the board to record its actions with reference to
119 the budgets.
120 Section 8. Paragraph (f) of subsection (2) of section
121 129.06, Florida Statutes, is amended to read:
122 129.06 Execution and amendment of budget.—
123 (2) The board at any time within a fiscal year may amend a
124 budget for that year, and may within the first 60 days of a
125 fiscal year amend the budget for the prior fiscal year, as
126 follows:
127 (f) Unless otherwise prohibited by law, if an amendment to
128 a budget is required for a purpose not specifically authorized
129 in paragraphs (a)-(e), the amendment may be authorized by
130 resolution or ordinance of the board of county commissioners
131 adopted following a public hearing.
132 1. The public hearing must be advertised at least 2 days,
133 but not more than 5 days, before the date of the hearing. The
134 advertisement must appear in a newspaper of paid general
135 circulation and must identify the name of the taxing authority,
136 the date, place, and time of the hearing, and the purpose of the
137 hearing. The advertisement must also identify each budgetary
138 fund to be amended, the source of the funds, the use of the
139 funds, and the total amount of each fund’s appropriations.
140 2. If the board amends the budget pursuant to this
141 paragraph, the adopted amendment must be posted on the county’s
142 official website within 5 days after adoption and must remain on
143 the website for at least 2 years.
144 Section 9. Subsections (3) and (5) of section 166.241,
145 Florida Statutes, are amended to read:
146 166.241 Fiscal years, budgets, and budget amendments.—
147 (3) The tentative budget must be posted on the
148 municipality’s official website at least 2 days before the
149 budget hearing, held pursuant to s. 200.065 or other law, to
150 consider such budget, and must remain on the website for at
151 least 45 days. The final adopted budget must be posted on the
152 municipality’s official website within 30 days after adoption
153 and must remain on the website for at least 2 years. If the
154 municipality does not operate an official website, the
155 municipality must, within a reasonable period of time as
156 established by the county or counties in which the municipality
157 is located, transmit the tentative budget and final budget to
158 the manager or administrator of such county or counties who
159 shall post the budgets on the county’s website.
160 (5) If the governing body of a municipality amends the
161 budget pursuant to paragraph (4)(c), the adopted amendment must
162 be posted on the official website of the municipality within 5
163 days after adoption and must remain on the website for at least
164 2 years. If the municipality does not operate an official
165 website, the municipality must, within a reasonable period of
166 time as established by the county or counties in which the
167 municipality is located, transmit the adopted amendment to the
168 manager or administrator of such county or counties who shall
169 post the adopted amendment on the county’s website.
170 Section 10. Subsections (4) and (7) of section 189.016,
171 Florida Statutes, are amended to read:
172 189.016 Reports; budgets; audits.—
173 (4) The tentative budget must be posted on the special
174 district’s official website at least 2 days before the budget
175 hearing, held pursuant to s. 200.065 or other law, to consider
176 such budget, and must remain on the website for at least 45
177 days. The final adopted budget must be posted on the special
178 district’s official website within 30 days after adoption and
179 must remain on the website for at least 2 years. If the special
180 district does not operate an official website, the special
181 district must, within a reasonable period of time as established
182 by the local general-purpose government or governments in which
183 the special district is located or the local governing authority
184 to which the district is dependent, transmit the tentative
185 budget or final budget to the manager or administrator of the
186 local general-purpose government or the local governing
187 authority. The manager or administrator shall post the tentative
188 budget or final budget on the website of the local general
189 purpose government or governing authority. This subsection and
190 subsection (3) do not apply to water management districts as
191 defined in s. 373.019.
192 (7) If the governing body of a special district amends the
193 budget pursuant to paragraph (6)(c), the adopted amendment must
194 be posted on the official website of the special district within
195 5 days after adoption and must remain on the website for at
196 least 2 years. If the special district does not operate an
197 official website, the special district must, within a reasonable
198 period of time as established by the local general-purpose
199 government or governments in which the special district is
200 located or the local governing authority to which the district
201 is dependent, transmit the adopted amendment to the manager or
202 administrator of the local general-purpose government or
203 governing authority. The manager or administrator shall post the
204 adopted amendment on the website of the local general-purpose
205 government or governing authority.
206 Section 11. Present subsection (1) of section 215.425,
207 Florida Statutes, is redesignated as subsection (2), present
208 subsection (2) and paragraph (a) of subsection (4) are amended,
209 and a new subsection (1) and subsections (6) through (12) are
210 added to that section, to read:
211 215.425 Extra compensation claims prohibited; bonuses;
212 severance pay.—
213 (1) As used in this section, the term “public funds” means
214 any taxes, tuition, state grants, fines, fees, or other charges
215 or any other type of revenue collected by the state or any
216 county, municipality, special district, school district, Florida
217 College System institution, state university, or other separate
218 unit of government created pursuant to law, including any
219 office, department, agency, division, subdivision, political
220 subdivision, board, bureau, or commission of such entities.
221 However, the term does not include the following:
222 (a) For state universities, revenues received by, through,
223 or from faculty practice plans, health services support
224 organizations, hospitals with which state universities are
225 affiliated, direct-support organizations, or federal, auxiliary,
226 or private sources, except for tuition;
227 (b) For public hospitals, special districts, and Florida
228 College System institutions, revenues and fees received from
229 non-state appropriated sources or other general non-tax
230 revenues; or
231 (c) A clothing and maintenance allowance given to
232 plainclothes deputies pursuant to s. 30.49.
233 (2) This section does not apply to:
234 (a) A bonus or severance pay that is paid wholly from
235 nontax revenues and nonstate-appropriated funds, the payment and
236 receipt of which does not otherwise violate part III of chapter
237 112, and which is paid to an officer, agent, employee, or
238 contractor of a public hospital that is operated by a county or
239 a special district; or
240 (b) A clothing and maintenance allowance given to
241 plainclothes deputies pursuant to s. 30.49.
242 (4)(a) On or after July 1, 2011, A unit of government, on
243 or after July 1, 2011, or a state university, on or after July
244 1, 2012, that is a party to enters into a contract or employment
245 agreement, or renewal or renegotiation of an existing contract
246 or employment agreement, that contains a provision for severance
247 pay with an officer, agent, employee, or contractor must include
248 the following provisions in the contract:
249 1. A requirement that severance pay paid from public funds
250 provided may not exceed an amount greater than 20 weeks of
251 compensation.
252 2. A prohibition of provision of severance pay paid from
253 public funds when the officer, agent, employee, or contractor
254 has been fired for misconduct, as defined in s. 443.036(29), by
255 the unit of government.
256 (6) Upon discovery or notification that a unit of
257 government has provided prohibited compensation to any officer,
258 agent, employee, or contractor in violation of this section,
259 such unit of government shall investigate and take all necessary
260 action to recover the prohibited compensation.
261 (a) If the violation was unintentional, the unit of
262 government shall recover the prohibited compensation from the
263 individual receiving the prohibited compensation through normal
264 recovery methods for overpayments.
265 (b) If the violation was willful, the unit of government
266 shall recover the prohibited compensation from either the
267 individual receiving the prohibited compensation or the
268 individual or individuals responsible for approving the
269 prohibited compensation. Each individual determined to have
270 willfully violated this section is jointly and severally liable
271 for repayment of the prohibited compensation.
272 (7) A person who willfully violates this section commits a
273 misdemeanor of the first degree, punishable as provided in s.
274 775.082 or s. 775.083.
275 (8) An officer who exercises the powers and duties of a
276 state or county officer and willfully violates this section is
277 subject to the Governor’s power under s. 7(a), Art. IV of the
278 State Constitution. An officer who exercises powers and duties
279 other than those of a state or county officer and willfully
280 violates this section is subject to the suspension and removal
281 procedures under s. 112.51.
282 (9)(a) A person who reports a violation of this section is
283 eligible for a reward of at least $500, or the lesser of 10
284 percent of the funds recovered or $10,000 per incident of a
285 prohibited compensation payment recovered by the unit of
286 government, depending upon the extent to which the person
287 substantially contributed to the discovery, notification, and
288 recovery of such prohibited payment.
289 (b) In the event that the recovery of the prohibited
290 compensation is based primarily on disclosures of specific
291 information, other than information provided by such person,
292 relating to allegations or transactions in a criminal, civil, or
293 administrative hearing; in a legislative, administrative,
294 inspector general, or other government report; in an auditor
295 general report, hearing, audit, or investigation; or from the
296 news media, such person is not eligible for a reward or for an
297 award of a portion of the proceeds or payment of attorney fees
298 and costs pursuant to s. 68.085.
299 (c) If it is determined that the person who reported a
300 violation of this section was involved in the authorization,
301 approval, or receipt of the prohibited compensation or is
302 convicted of criminal conduct arising from his or her role in
303 the authorization, approval, or receipt of the prohibited
304 compensation, such person is not eligible for a reward or for an
305 award of a portion of the proceeds or payment of attorney fees
306 and costs pursuant to s. 68.085.
307 (10) An employee who is discharged, demoted, suspended,
308 threatened, harassed, or in any manner discriminated against in
309 the terms and conditions of employment by his or her employer
310 because of lawful acts done by the employee on behalf of the
311 employee or others in furtherance of an action under this
312 section, including investigation for initiation of, testimony
313 for, or assistance in an action filed or to be filed under this
314 section, has a cause of action under s. 112.3187.
315 (11) If the unit of government fails to recover prohibited
316 compensation for a willful violation of this section upon
317 discovery and notification of such prohibited payment within 90
318 days, a cause of action may be brought to:
319 (a) Recover state funds in accordance with ss. 68.082 and
320 68.083.
321 (b) Recover other funds by the Department of Legal Affairs
322 using the procedures set forth in ss. 68.082 and 68.083, except
323 that venue shall lie in the circuit court of the county in which
324 the unit of government is located.
325 (c) Recover other funds by a person using the procedures
326 set forth in ss. 68.082 and 68.083, except that venue shall lie
327 in the circuit court of the county in which the unit of
328 government is located.
329 (12) Subsections (7)-(11) apply prospectively to contracts
330 or employment agreements, or the renewal or renegotiation of an
331 existing contract or employment agreement, effective on or after
332 July 1, 2015.
333
334 ================= T I T L E A M E N D M E N T ================
335 And the title is amended as follows:
336 Delete lines 30 - 58
337 and insert:
338 interests to include school districts; amending s.
339 112.3261, F.S.; revising terms to conform to changes
340 made by the act; expanding the types of governmental
341 entities that are subject to lobbyist registration
342 requirements; requiring a governmental entity to
343 create a lobbyist registration form; amending ss.
344 129.03, 129.06, 166.241, and 189.016, F.S.; requiring
345 counties, municipalities, and special districts to
346 maintain certain budget documents on the entities’
347 websites for a specified period; amending s. 215.425,
348 F.S.; defining the term “public funds”; requiring
349 certain contracts to which a unit of government or
350 state university is a party during a specified period
351 to contain certain prohibitions on severance pay;
352 requiring a unit of government to investigate and take
353 necessary action to recover prohibited compensation;
354 specifying methods of recovery and liability for
355 unintentional and willful violations; providing a
356 penalty; specifying applicability of procedures
357 regarding suspension and removal of an officer who
358 commits a willful violation; establishing eligibility
359 criteria and amounts for rewards; specifying
360 circumstances under which an employee has a cause of
361 action under the Whistle-blower’s Act; establishing
362 causes of action if a unit of government fails to
363 recover prohibited compensation within a certain
364 timeframe; providing applicability;