Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1628
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senators Book and Benacquisto moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (a) through (g) of subsection
    6  (2) of section 11.045, Florida Statutes, are redesignated as
    7  paragraphs (b) through (h), respectively, a new paragraph (a) is
    8  added to that subsection, and subsection (8) of that section is
    9  amended, to read:
   10         11.045 Lobbying before the Legislature; registration and
   11  reporting; exemptions; penalties.—
   12         (2) Each house of the Legislature shall provide by rule, or
   13  may provide by a joint rule adopted by both houses, for the
   14  registration of lobbyists who lobby the Legislature. The rule
   15  may provide for the payment of a registration fee. The rule may
   16  provide for exemptions from registration or registration fees.
   17  The rule shall provide that:
   18         (a) Each lobbyist shall certify, upon registration, that he
   19  or she has read the Code of Ethics for Public Officers and
   20  Employees in part III of chapter 112, and that he or she has
   21  read the rules governing conduct of members of the Legislature
   22  and legislative lobbyists.
   23         (8)(a) Any person required to be registered or to provide
   24  information pursuant to this section or pursuant to rules
   25  established in conformity with this section who knowingly fails
   26  to disclose any material fact required by this section or by
   27  rules established in conformity with this section, or who
   28  knowingly provides false information on any report required by
   29  this section or by rules established in conformity with this
   30  section, commits a noncriminal infraction, punishable by a fine
   31  not to exceed $5,000. Such penalty shall be in addition to any
   32  other penalty assessed by a house of the Legislature pursuant to
   33  subsection (7).
   34         (b) The President of the Senate or the Speaker of the House
   35  of Representatives may suspend or revoke the registration of any
   36  person who is required to register as a lobbyist under this
   37  section who violates applicable rules prohibiting workplace
   38  harassment, including sexual harassment.
   39         Section 2. Section 112.3131, Florida Statutes, is created
   40  to read:
   41         112.3131 Workplace harassment and sexual harassment
   42  prohibited; agency requirements.—
   43         (1) For purposes of this section, the term “agency” means
   44  any state, regional, county, local, or municipal governmental
   45  entity of this state, including the executive, judicial, or
   46  legislative branches; any department, division, bureau,
   47  commission, authority, or political subdivision of this state;
   48  any public school, state college, or state university; or any
   49  special district, as defined in s. 189.012; or any entity
   50  created by statute for a public purpose.
   51         (2)Florida has a zero tolerance policy against workplace
   52  harassment, including sexual harassment. Every public officer
   53  and public employee of an agency must be committed to providing
   54  a safe and professional environment for conducting the business
   55  of the residents of this state. It is essential to the proper
   56  conduct and operation of government that harassment toward any
   57  individual based on race, color, religion, sex, national origin,
   58  age, disability, or marital status not be tolerated. To maintain
   59  the integrity of government, public officers and public
   60  employees must take appropriate action to eliminate prohibited
   61  harassment.
   62         (3) Each agency must:
   63         (a) Develop and publicly publish policies consistent with
   64  state and federal law which, at a minimum, provide:
   65         1.A statement affirming that Florida has zero tolerance
   66  for workplace harassment, including sexual harassment.
   67         2. A strict prohibition against workplace harassment,
   68  including sexual harassment.
   69         3.A definition of workplace harassment, which includes
   70  sexual harassment, and examples of prohibited conduct.
   71         4. Processes for reporting workplace and sexual harassment,
   72  including the ability to report to individuals other than an
   73  immediate supervisor.
   74         5. For the designation of a reporting contact of the
   75  opposite gender, where practical, for the purpose of receiving
   76  complaints.
   77         6. For the designation of a reporting contact for
   78  individuals other than public officers or public employees.
   79         7. Procedures for thoroughly investigating and promptly
   80  resolving reported workplace harassment.
   81         8. A strict prohibition against retaliation for making a
   82  complaint.
   83         9. A strict prohibition against making an intentionally or
   84  recklessly dishonest or malicious complaint.
   85         10. Disciplinary consequences for violations of the
   86  policies, up to and including termination.
   87         11. A strict prohibition on disclosing the personal
   88  identifying information of a complainant or information that
   89  would lead a reasonable person to be able to ascertain the
   90  identity of a complainant for any purpose other than reporting,
   91  investigating, or resolving a complaint before the allegations
   92  are disclosed pursuant to public records laws. The prohibition
   93  must state that penalties can range from reprimand to
   94  termination.
   95         12. Procedures to limit the sharing of information
   96  regarding a complaint to individuals who need to know such
   97  information to carry out the policies.
   98         13. Procedures to maintain confidentiality of a complaint
   99  and the identity of a complainant, to the extent allowed and
  100  practicable under existing law.
  101         14. A requirement that all agreements with agents,
  102  contractors, and vendors also contain provisions prohibiting
  103  workplace harassment.
  104         15. A list of available resources, such as the services of
  105  a victim advocate for a victim of workplace harassment,
  106  including sexual harassment.
  107         (b) Disseminate the policies prohibiting workplace
  108  harassment to all of its public officers and public employees
  109  while also publicly publishing the document for access by all
  110  lobbyists, contractors, or individuals who do business with the
  111  agency.
  112         (c) Maintain signed documents from public officers and
  113  public employees acknowledging completion of training and that
  114  they have received and understand the workplace harassment and
  115  sexual harassment policies. Lobbyists shall also acknowledge
  116  that they have received and understand all applicable workplace
  117  harassment policies, including those policies prohibiting sexual
  118  harassment.
  119         (d) Provide annual training for all employees, with
  120  additional training provided for supervisors or other
  121  individuals designated to receive complaints of workplace
  122  harassment, including sexual harassment. The annual training
  123  must address workplace harassment, sexual harassment, undue
  124  influence, and sensitivity training.
  125         (4) The state’s commitment to providing a safe,
  126  professional environment free of workplace harassment requires
  127  continuous improvement and constant engagement at all levels. To
  128  achieve this goal, every agency shall review its policies,
  129  procedures, notifications, and training annually and update them
  130  as necessary.
  131         Section 3. Present paragraphs (a) through (e) of subsection
  132  (3) of section 112.3215, Florida Statutes, are redesignated as
  133  paragraphs (b) through (f), respectively, a new paragraph (a) is
  134  added to that subsection, and subsection (10) of that section is
  135  amended, to read:
  136         112.3215 Lobbying before the executive branch or the
  137  Constitution Revision Commission; registration and reporting;
  138  investigation by commission.—
  139         (3) A person may not lobby an agency until such person has
  140  registered as a lobbyist with the commission. Such registration
  141  shall be due upon initially being retained to lobby and is
  142  renewable on a calendar year basis thereafter. Upon registration
  143  the person shall provide a statement signed by the principal or
  144  principal’s representative that the registrant is authorized to
  145  represent the principal. The principal shall also identify and
  146  designate its main business on the statement authorizing that
  147  lobbyist pursuant to a classification system approved by the
  148  commission. The registration shall require each lobbyist to
  149  disclose, under oath, the following information:
  150         (a) Each lobbyist shall certify that he or she has read the
  151  Code of Ethics for Public Officers and Employees contained in
  152  this part, and that he or she has read any rules governing the
  153  conduct of agency officials and lobbyists who lobby before an
  154  agency.
  155         (10)(a) If the Governor and Cabinet learn that a person
  156  required to be registered pursuant to this section has violated
  157  an executive branch rule prohibiting workplace harassment or
  158  sexual harassment, the Governor and Cabinet may suspend or
  159  revoke the individual’s registration.
  160         (b) If the Governor and Cabinet find that a violation
  161  occurred, the Governor and Cabinet may reprimand the violator,
  162  censure the violator, or prohibit the violator from lobbying all
  163  agencies for a period not to exceed 2 years. If the violator is
  164  a lobbying firm, lobbyist, or principal, the Governor and
  165  Cabinet may also assess a fine of not more than $5,000 to be
  166  deposited in the Executive Branch Lobby Registration Trust Fund.
  167         Section 4. Subsection (8) of section 112.324, Florida
  168  Statutes, is amended to read:
  169         112.324 Procedures on complaints of violations and
  170  referrals; public records and meeting exemptions.—
  171         (8) If, in cases other than complaints or referrals against
  172  impeachable officers or members of the Legislature, upon
  173  completion of a full and final investigation by the commission,
  174  the commission finds that there has been a violation of this
  175  part or of s. 8, Art. II of the State Constitution, it is the
  176  duty of the commission to report its findings and recommend
  177  appropriate action to the proper disciplinary official or body
  178  as follows, and such official or body has the power to invoke
  179  the penalty provisions of this part, including the power to
  180  order the appropriate elections official to remove a candidate
  181  from the ballot for a violation of s. 112.3145 or s. 8(a) and
  182  (i), Art. II of the State Constitution:
  183         (a) The President of the Senate and the Speaker of the
  184  House of Representatives, jointly, in any case concerning the
  185  Public Counsel, members of the Public Service Commission,
  186  members of the Public Service Commission Nominating Council, the
  187  Auditor General, or the director of the Office of Program Policy
  188  Analysis and Government Accountability.
  189         (b) The Supreme Court, in any case concerning an employee
  190  of the judicial branch.
  191         (c) The President of the Senate, in any case concerning an
  192  employee of the Senate; the Speaker of the House of
  193  Representatives, in any case concerning an employee of the House
  194  of Representatives; the President or the Speaker, in any case
  195  concerning a person who is required to register as a lobbyist
  196  under s. 11.045 for violations of workplace harassment or sexual
  197  harassment policies; or the President and the Speaker, jointly,
  198  in any case concerning an employee of a committee of the
  199  Legislature whose members are appointed solely by the President
  200  and the Speaker or in any case concerning an employee of the
  201  Public Counsel, Public Service Commission, Auditor General, or
  202  Office of Program Policy Analysis and Government Accountability.
  203         (d) The Governor and the Cabinet, in any case concerning a
  204  person who is required to register as a lobbyist under s.
  205  112.3215 for violations of workplace harassment, including
  206  sexual harassment. Additionally, a political subdivision may
  207  suspend or revoke the lobbying privileges of any person
  208  authorized to lobby that political subdivision if he or she has
  209  been found to have violated for policies prohibiting workplace
  210  harassment, including sexual harassment.
  211         (e) Except as otherwise provided by this part, the
  212  Governor, in the case of any other public officer, public
  213  employee, former public officer or public employee, candidate or
  214  former candidate, or person who is not a public officer or
  215  employee, other than lobbyists and lobbying firms under s.
  216  112.3215 for violations of s. 112.3215.
  217         (f)(e) The President of the Senate or the Speaker of the
  218  House of Representatives, whichever is applicable, in any case
  219  concerning a former member of the Legislature who has violated a
  220  provision applicable to former members or whose violation
  221  occurred while a member of the Legislature.
  222         Section 5. This act shall take effect upon becoming a law.
  224  ================= T I T L E  A M E N D M E N T ================
  225  And the title is amended as follows:
  226         Delete everything before the enacting clause
  227  and insert:
  228                        A bill to be entitled                      
  229         An act relating to workplace harassment; amending s.
  230         11.045, F.S.; revising requirements for rules
  231         governing the registration of lobbyists who lobby the
  232         Legislature; authorizing the President of the Senate
  233         and the Speaker of the House of Representatives to
  234         suspend or revoke the lobbyist registration of a
  235         person who violates workplace harassment or sexual
  236         harassment rules; creating s. 112.3131, F.S.; defining
  237         the term “agency”; specifying the policy of the state
  238         regarding the prohibition against workplace harassment
  239         and sexual harassment; prescribing agency requirements
  240         regarding certain measures to eliminate workplace
  241         harassment and sexual harassment; amending s.
  242         112.3215, F.S.; revising requirements for registration
  243         of lobbyists who register to lobby before the
  244         executive branch or the Constitution Revision
  245         Commission; authorizing the Governor and Cabinet to
  246         suspend or revoke the lobbyist registration of a
  247         person who violates workplace harassment or sexual
  248         harassment rules; amending s. 112.324, F.S.; requiring
  249         the Commission on Ethics to report findings and
  250         recommendations to the proper disciplinary official or
  251         body upon finding certain violations of law; providing
  252         an effective date.