CS for SB 1628                                   First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to workplace harassment; amending s.
    3         11.045, F.S.; revising requirements for rules
    4         governing the registration of lobbyists who lobby the
    5         Legislature; authorizing the President of the Senate
    6         and the Speaker of the House of Representatives to
    7         suspend or revoke the lobbyist registration of a
    8         person who violates workplace harassment or sexual
    9         harassment rules; creating s. 112.3131, F.S.; defining
   10         the term “agency”; specifying the policy of the state
   11         regarding the prohibition against workplace harassment
   12         and sexual harassment; prescribing agency requirements
   13         regarding certain measures to eliminate workplace
   14         harassment and sexual harassment; amending s.
   15         112.3215, F.S.; revising requirements for registration
   16         of lobbyists who register to lobby before the
   17         executive branch or the Constitution Revision
   18         Commission; authorizing the Governor and Cabinet to
   19         suspend or revoke the lobbyist registration of a
   20         person who violates workplace harassment or sexual
   21         harassment rules; amending s. 112.324, F.S.; requiring
   22         the Commission on Ethics to report findings and
   23         recommendations to the proper disciplinary official or
   24         body upon finding certain violations of law; providing
   25         an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Present paragraphs (a) through (g) of subsection
   30  (2) of section 11.045, Florida Statutes, are redesignated as
   31  paragraphs (b) through (h), respectively, a new paragraph (a) is
   32  added to that subsection, and subsection (8) of that section is
   33  amended, to read:
   34         11.045 Lobbying before the Legislature; registration and
   35  reporting; exemptions; penalties.—
   36         (2) Each house of the Legislature shall provide by rule, or
   37  may provide by a joint rule adopted by both houses, for the
   38  registration of lobbyists who lobby the Legislature. The rule
   39  may provide for the payment of a registration fee. The rule may
   40  provide for exemptions from registration or registration fees.
   41  The rule shall provide that:
   42         (a) Each lobbyist shall certify, upon registration, that he
   43  or she has read the Code of Ethics for Public Officers and
   44  Employees in part III of chapter 112, and that he or she has
   45  read the rules governing conduct of members of the Legislature
   46  and legislative lobbyists.
   47         (8)(a) Any person required to be registered or to provide
   48  information pursuant to this section or pursuant to rules
   49  established in conformity with this section who knowingly fails
   50  to disclose any material fact required by this section or by
   51  rules established in conformity with this section, or who
   52  knowingly provides false information on any report required by
   53  this section or by rules established in conformity with this
   54  section, commits a noncriminal infraction, punishable by a fine
   55  not to exceed $5,000. Such penalty shall be in addition to any
   56  other penalty assessed by a house of the Legislature pursuant to
   57  subsection (7).
   58         (b) The President of the Senate or the Speaker of the House
   59  of Representatives may suspend or revoke the registration of any
   60  person who is required to register as a lobbyist under this
   61  section who violates applicable rules prohibiting workplace
   62  harassment, including sexual harassment.
   63         Section 2. Section 112.3131, Florida Statutes, is created
   64  to read:
   65         112.3131 Workplace harassment and sexual harassment
   66  prohibited; agency requirements.—
   67         (1) For purposes of this section, the term “agency” means
   68  any state, regional, county, local, or municipal governmental
   69  entity of this state, including the executive, judicial, or
   70  legislative branches; any department, division, bureau,
   71  commission, authority, or political subdivision of this state;
   72  any public school, state college, or state university; or any
   73  special district, as defined in s. 189.012; or any entity
   74  created by statute for a public purpose.
   75         (2)Florida has a zero tolerance policy against workplace
   76  harassment, including sexual harassment. Every public officer
   77  and public employee of an agency must be committed to providing
   78  a safe and professional environment for conducting the business
   79  of the residents of this state. It is essential to the proper
   80  conduct and operation of government that harassment toward any
   81  individual based on race, color, religion, sex, national origin,
   82  age, disability, or marital status not be tolerated. To maintain
   83  the integrity of government, public officers and public
   84  employees must take appropriate action to eliminate prohibited
   85  harassment.
   86         (3) Each agency must:
   87         (a) Develop and publicly publish policies consistent with
   88  state and federal law which, at a minimum, provide:
   89         1.A statement affirming that Florida has zero tolerance
   90  for workplace harassment, including sexual harassment.
   91         2. A strict prohibition against workplace harassment,
   92  including sexual harassment.
   93         3.A definition of workplace harassment, which includes
   94  sexual harassment, and examples of prohibited conduct.
   95         4. Processes for reporting workplace and sexual harassment,
   96  including the ability to report to individuals other than an
   97  immediate supervisor.
   98         5. For the designation of a reporting contact of the
   99  opposite gender, where practical, for the purpose of receiving
  100  complaints.
  101         6. For the designation of a reporting contact for
  102  individuals other than public officers or public employees.
  103         7. Procedures for thoroughly investigating and promptly
  104  resolving reported workplace harassment.
  105         8. A strict prohibition against retaliation for making a
  106  complaint.
  107         9. A strict prohibition against making an intentionally or
  108  recklessly dishonest or malicious complaint.
  109         10. Disciplinary consequences for violations of the
  110  policies, up to and including termination.
  111         11. A strict prohibition on disclosing the personal
  112  identifying information of a complainant or information that
  113  would lead a reasonable person to be able to ascertain the
  114  identity of a complainant for any purpose other than reporting,
  115  investigating, or resolving a complaint before the allegations
  116  are disclosed pursuant to public records laws. The prohibition
  117  must state that penalties can range from reprimand to
  118  termination.
  119         12. Procedures to limit the sharing of information
  120  regarding a complaint to individuals who need to know such
  121  information to carry out the policies.
  122         13. Procedures to maintain confidentiality of a complaint
  123  and the identity of a complainant, to the extent allowed and
  124  practicable under existing law.
  125         14. A requirement that all agreements with agents,
  126  contractors, and vendors also contain provisions prohibiting
  127  workplace harassment.
  128         15. A list of available resources, such as the services of
  129  a victim advocate for a victim of workplace harassment,
  130  including sexual harassment.
  131         (b) Disseminate the policies prohibiting workplace
  132  harassment to all of its public officers and public employees
  133  while also publicly publishing the document for access by all
  134  lobbyists, contractors, or individuals who do business with the
  135  agency.
  136         (c) Maintain signed documents from public officers and
  137  public employees acknowledging completion of training and that
  138  they have received and understand the workplace harassment and
  139  sexual harassment policies. Lobbyists shall also acknowledge
  140  that they have received and understand all applicable workplace
  141  harassment policies, including those policies prohibiting sexual
  142  harassment.
  143         (d) Provide annual training for all employees, with
  144  additional training provided for supervisors or other
  145  individuals designated to receive complaints of workplace
  146  harassment, including sexual harassment. The annual training
  147  must address workplace harassment, sexual harassment, undue
  148  influence, and sensitivity training.
  149         (4) The state’s commitment to providing a safe,
  150  professional environment free of workplace harassment requires
  151  continuous improvement and constant engagement at all levels. To
  152  achieve this goal, every agency shall review its policies,
  153  procedures, notifications, and training annually and update them
  154  as necessary.
  155         Section 3. Present paragraphs (a) through (e) of subsection
  156  (3) of section 112.3215, Florida Statutes, are redesignated as
  157  paragraphs (b) through (f), respectively, a new paragraph (a) is
  158  added to that subsection, and subsection (10) of that section is
  159  amended, to read:
  160         112.3215 Lobbying before the executive branch or the
  161  Constitution Revision Commission; registration and reporting;
  162  investigation by commission.—
  163         (3) A person may not lobby an agency until such person has
  164  registered as a lobbyist with the commission. Such registration
  165  shall be due upon initially being retained to lobby and is
  166  renewable on a calendar year basis thereafter. Upon registration
  167  the person shall provide a statement signed by the principal or
  168  principal’s representative that the registrant is authorized to
  169  represent the principal. The principal shall also identify and
  170  designate its main business on the statement authorizing that
  171  lobbyist pursuant to a classification system approved by the
  172  commission. The registration shall require each lobbyist to
  173  disclose, under oath, the following information:
  174         (a) Each lobbyist shall certify that he or she has read the
  175  Code of Ethics for Public Officers and Employees contained in
  176  this part, and that he or she has read any rules governing the
  177  conduct of agency officials and lobbyists who lobby before an
  178  agency.
  179         (10)(a) If the Governor and Cabinet learn that a person
  180  required to be registered pursuant to this section has violated
  181  an executive branch rule prohibiting workplace harassment or
  182  sexual harassment, the Governor and Cabinet may suspend or
  183  revoke the individual’s registration.
  184         (b) If the Governor and Cabinet find that a violation
  185  occurred, the Governor and Cabinet may reprimand the violator,
  186  censure the violator, or prohibit the violator from lobbying all
  187  agencies for a period not to exceed 2 years. If the violator is
  188  a lobbying firm, lobbyist, or principal, the Governor and
  189  Cabinet may also assess a fine of not more than $5,000 to be
  190  deposited in the Executive Branch Lobby Registration Trust Fund.
  191         Section 4. Subsection (8) of section 112.324, Florida
  192  Statutes, is amended to read:
  193         112.324 Procedures on complaints of violations and
  194  referrals; public records and meeting exemptions.—
  195         (8) If, in cases other than complaints or referrals against
  196  impeachable officers or members of the Legislature, upon
  197  completion of a full and final investigation by the commission,
  198  the commission finds that there has been a violation of this
  199  part or of s. 8, Art. II of the State Constitution, it is the
  200  duty of the commission to report its findings and recommend
  201  appropriate action to the proper disciplinary official or body
  202  as follows, and such official or body has the power to invoke
  203  the penalty provisions of this part, including the power to
  204  order the appropriate elections official to remove a candidate
  205  from the ballot for a violation of s. 112.3145 or s. 8(a) and
  206  (i), Art. II of the State Constitution:
  207         (a) The President of the Senate and the Speaker of the
  208  House of Representatives, jointly, in any case concerning the
  209  Public Counsel, members of the Public Service Commission,
  210  members of the Public Service Commission Nominating Council, the
  211  Auditor General, or the director of the Office of Program Policy
  212  Analysis and Government Accountability.
  213         (b) The Supreme Court, in any case concerning an employee
  214  of the judicial branch.
  215         (c) The President of the Senate, in any case concerning an
  216  employee of the Senate; the Speaker of the House of
  217  Representatives, in any case concerning an employee of the House
  218  of Representatives; the President or the Speaker, in any case
  219  concerning a person who is required to register as a lobbyist
  220  under s. 11.045 for violations of workplace harassment or sexual
  221  harassment policies; or the President and the Speaker, jointly,
  222  in any case concerning an employee of a committee of the
  223  Legislature whose members are appointed solely by the President
  224  and the Speaker or in any case concerning an employee of the
  225  Public Counsel, Public Service Commission, Auditor General, or
  226  Office of Program Policy Analysis and Government Accountability.
  227         (d) The Governor and the Cabinet, in any case concerning a
  228  person who is required to register as a lobbyist under s.
  229  112.3215 for violations of workplace harassment, including
  230  sexual harassment. Additionally, a political subdivision may
  231  suspend or revoke the lobbying privileges of any person
  232  authorized to lobby that political subdivision if he or she has
  233  been found to have violated for policies prohibiting workplace
  234  harassment, including sexual harassment.
  235         (e) Except as otherwise provided by this part, the
  236  Governor, in the case of any other public officer, public
  237  employee, former public officer or public employee, candidate or
  238  former candidate, or person who is not a public officer or
  239  employee, other than lobbyists and lobbying firms under s.
  240  112.3215 for violations of s. 112.3215.
  241         (f)(e) The President of the Senate or the Speaker of the
  242  House of Representatives, whichever is applicable, in any case
  243  concerning a former member of the Legislature who has violated a
  244  provision applicable to former members or whose violation
  245  occurred while a member of the Legislature.
  246         Section 5. This act shall take effect upon becoming a law.