Florida Senate - 2020 SB 1530
By Senator Baxley
12-01601-20 20201530__
1 A bill to be entitled
2 An act relating to ethics reform; repealing s. 11.061,
3 F.S., relating to state, state university, and
4 community college employee lobbyists; creating s.
5 106.114, F.S.; defining terms; prohibiting certain
6 public service announcements by specified governmental
7 entities, persons acting on behalf of such entities,
8 and elected officials; providing applicability;
9 amending s. 112.313, F.S.; revising applicability of
10 certain provisions relating to conflicting employment
11 and contractual relationships; prohibiting public
12 officers or employees of an agency from soliciting
13 specified employment or contractual relationships;
14 requiring certain offers and solicitations of
15 employment or contractual relationships to be
16 disclosed to certain persons; requiring such
17 solicitations to be disclosed to the Commission on
18 Ethics in certain circumstances; authorizing the
19 commission to investigate such disclosures;
20 prohibiting specified persons from receiving certain
21 compensated representation for a specified period
22 following vacation of office; deleting certain
23 exceptions from postemployment restrictions; providing
24 applicability; creating s. 112.3181, F.S.; prohibiting
25 statewide elected officers and legislators from
26 soliciting employment offers or investment advice
27 arising out of official or political activities;
28 providing exceptions; prohibiting such officers or
29 legislators from soliciting or accepting investment
30 advice from or soliciting or entering into certain
31 profitmaking relationships with or advised by
32 lobbyists or principals; defining terms; requiring
33 lobbyists and principals to disclose certain
34 prohibited solicitations to the commission;
35 authorizing the commission to investigate such
36 disclosures; providing disclosure requirements for
37 reporting certain employment; requiring the commission
38 to publish the disclosures on its website; authorizing
39 the commission to adopt rules; amending s. 112.3185,
40 F.S.; defining terms; prohibiting certain officers and
41 employees from soliciting employment or contractual
42 relationships from or negotiating employment or
43 contractual relationships with certain employers;
44 providing exceptions; requiring disclosure of certain
45 offers of employment or contractual relationships;
46 providing applicability; amending s. 112.3215, F.S.;
47 revising definitions; requiring executive branch
48 lobbyists to electronically register with the
49 commission; revising lobbyist registration,
50 compensation report, principal designation
51 cancellation, and investigation requirements;
52 authorizing the commission to dismiss certain
53 complaints and investigations; amending s. 420.5061,
54 F.S.; conforming a provision to changes made by the
55 act; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 11.061, Florida Statutes, is repealed.
60 Section 2. Section 106.114, Florida Statutes, is created to
61 read:
62 106.114 Elected official advertising.—
63 (1) As used in this section, the term:
64 (a) “Governmental entity” means any executive, judicial, or
65 quasi-judicial department; state university; community college;
66 water management district; or political subdivision.
67 (b) “Public service announcement” means any message
68 communicated by radio, television, electronic communication, or
69 billboard which promotes or announces an issue of public
70 importance, concern, or welfare. The term does not include an
71 official communication on the elected official’s official
72 website or a social media account used exclusively for official
73 business.
74 (2) A governmental entity, a person acting on behalf of a
75 governmental entity, or an elected official may not use or
76 authorize the use of an elected official’s name, image,
77 likeness, official uniform, badge, or other symbol of office in
78 a public service announcement beginning on the date that the
79 elected official qualifies as a candidate, pursuant to s. 99.061
80 or other applicable law, for reelection or election to another
81 public office and ending on the day after the election for which
82 the elected official qualified as a candidate if such
83 announcement is paid for with public funds or if the time or
84 space for such announcement is donated by the media. This
85 subsection does not apply to charitable events held by an
86 organization with tax-exempt status under s. 501(c)(3) of the
87 Internal Revenue Code or bona fide news events, such as press
88 conferences or public debates broadcast by a licensed
89 broadcaster.
90 Section 3. Subsections (7), (9), and (15) of section
91 112.313, Florida Statutes, are amended to read:
92 112.313 Standards of conduct for public officers, employees
93 of agencies, and local government attorneys.—
94 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
95 (a) A No public officer or employee of an agency may not
96 shall have or hold any employment or contractual relationship
97 with any business entity or any agency that which is subject to
98 the regulation of, or is doing business with, the officer’s or
99 employee’s an agency. This paragraph does not apply to of which
100 he or she is an officer or employee, excluding those
101 organizations and their officers who, when acting in their
102 official capacity, enter into or negotiate a collective
103 bargaining contract with the state or any municipality, county,
104 or other political subdivision of the state. Such; nor shall an
105 officer or employee also may not of an agency have or hold any
106 employment or contractual relationship that will create a
107 continuing or frequently recurring conflict between his or her
108 private interests and the performance of his or her public
109 duties or that would impede the full and faithful discharge of
110 his or her public duties.
111 1. When the agency referred to is a that certain kind of
112 special tax district created by general or special law and is
113 limited specifically to constructing, maintaining, managing, and
114 financing improvements in the land area over which the agency
115 has jurisdiction, or when the agency has been organized pursuant
116 to chapter 298, then employment with, or entering into a
117 contractual relationship with, such a business entity by a
118 public officer or employee of such an agency is shall not be
119 prohibited by this subsection or be deemed a conflict per se.
120 However, conduct by such officer or employee that is prohibited
121 by, or otherwise frustrates the intent of, this section must
122 shall be deemed a conflict of interest in violation of the
123 standards of conduct set forth by this section.
124 2. When the agency referred to is a legislative body and
125 the regulatory power over the business entity resides in another
126 agency, or when the regulatory power that which the legislative
127 body exercises over the business entity or agency is strictly
128 through the enactment of laws or ordinances, then employment
129 with, or entering into a contractual relationship with, such a
130 business entity by a public officer or employee of such a
131 legislative body is shall not be prohibited by this subsection
132 or be deemed a conflict based on the regulatory power of the
133 legislative body, unless prohibited by or deemed a conflict by
134 another law.
135 (b) This subsection does shall not prohibit a public
136 officer or employee from practicing in a particular profession
137 or occupation when such practice by persons holding such public
138 office or employment is required or permitted by law or
139 ordinance.
140 (c) A public officer or an employee of an agency may not
141 solicit any employment or contractual relationship prohibited by
142 this subsection.
143 (d) A public officer or an employee of an agency shall
144 disclose to the head of his or her agency, the general counsel
145 or inspector general of his or her agency, or any other officer
146 or attorney designated by the head of his or her agency any
147 offer of employment or contractual relationship that is
148 prohibited by this subsection.
149 (e) If a public officer or an employee of an agency, or a
150 person acting on his or her behalf, solicits employment with any
151 business entity or any agency that is subject to the regulation
152 of, or is doing business with, the officer’s or employer’s
153 agency in violation of paragraph (c), the solicited business
154 entity or agency must disclose such solicitation to the head of
155 the officer’s or employee’s agency. If such solicitation is by
156 or on behalf of the head of the agency or a member of a body
157 that is the head of the agency, the solicited business entity or
158 agency must disclose such solicitation to the commission. The
159 commission may investigate such disclosure as if it were a valid
160 complaint under this part.
161 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
162 LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
163 (a)1. It is the intent of the Legislature to implement by
164 statute the provisions of s. 8(e), Art. II of the State
165 Constitution relating to legislators, statewide elected
166 officers, appointed state officers, and designated public
167 employees.
168 2. As used in this paragraph:
169 a. “Employee” means:
170 (I) Any person employed in the executive or legislative
171 branch of government holding a position in the Senior Management
172 Service as defined in s. 110.402 or any person holding a
173 position in the Selected Exempt Service as defined in s. 110.602
174 or any person having authority over policy or procurement
175 employed by the Department of the Lottery.
176 (II) The Auditor General, the director of the Office of
177 Program Policy Analysis and Government Accountability, the
178 Sergeant at Arms and Secretary of the Senate, and the Sergeant
179 at Arms and Clerk of the House of Representatives.
180 (III) The executive director and deputy executive director
181 of the Commission on Ethics.
182 (IV) An executive director, staff director, or deputy staff
183 director of each joint committee, standing committee, or select
184 committee of the Legislature; an executive director, staff
185 director, executive assistant, analyst, or attorney of the
186 Office of the President of the Senate, the Office of the Speaker
187 of the House of Representatives, the Senate Majority Party
188 Office, Senate Minority Party Office, House Majority Party
189 Office, or House Minority Party Office; or any person, hired on
190 a contractual basis, having the power normally conferred upon
191 such persons, by whatever title.
192 (V) The Chancellor and Vice Chancellors of the State
193 University System; the general counsel to the Board of Governors
194 of the State University System; and the president, provost, vice
195 presidents, and deans of each state university.
196 (VI) Any person, including an other-personal-services
197 employee, having the power normally conferred upon the positions
198 referenced in this sub-subparagraph.
199 b. “Appointed state officer” means any member of an
200 appointive board, commission, committee, council, or authority
201 of the executive or legislative branch of state government whose
202 powers, jurisdiction, and authority are not solely advisory and
203 include the final determination or adjudication of any personal
204 or property rights, duties, or obligations, other than those
205 relative to its internal operations.
206 c. “State agency” means an entity of the legislative,
207 executive, or judicial branch of state government over which the
208 Legislature exercises plenary budgetary and statutory control.
209 3.a. No member of the Legislature, appointed state officer,
210 or statewide elected officer shall personally represent another
211 person or entity for compensation before the government body or
212 agency of which the individual was an officer or member for a
213 period of 2 years following vacation of office. No member of the
214 Legislature shall personally represent another person or entity
215 for compensation during his or her term of office before any
216 state agency other than judicial tribunals or in settlement
217 negotiations after the filing of a lawsuit.
218 b. For a period of 2 years following vacation of office, a
219 former member of the Legislature may not act as a lobbyist for
220 compensation before an executive branch agency, agency official,
221 or employee. The terms used in this sub-subparagraph have the
222 same meanings as provided in s. 112.3215.
223 4. An agency employee, including an agency employee who was
224 employed on July 1, 2001, in a Career Service System position
225 that was transferred to the Selected Exempt Service System under
226 chapter 2001-43, Laws of Florida, may not personally represent
227 another person or entity for compensation before the agency with
228 which he or she was employed for a period of 2 years following
229 vacation of position, except when unless employed by and
230 representing another state agency of state government.
231 5. Any person violating this paragraph is shall be subject
232 to the penalties provided in s. 112.317 and a civil penalty of
233 an amount equal to the compensation which the person receives
234 for the prohibited conduct.
235 6. This paragraph is not applicable to:
236 a. A person employed by the Legislature or other agency
237 prior to July 1, 1989;
238 b. A person who was employed by the Legislature or other
239 agency on July 1, 1989, whether or not the person was a defined
240 employee on July 1, 1989;
241 c. A person who was a defined employee of the State
242 University System or the Public Service Commission who held such
243 employment on December 31, 1994;
244 d. A person who has reached normal retirement age as
245 defined in s. 121.021(29), and who has retired under the
246 provisions of chapter 121 by July 1, 1991; or
247 e. Any appointed state officer whose term of office began
248 before January 1, 1995, unless reappointed to that office on or
249 after January 1, 1995.
250 (b) In addition to the provisions of this part which are
251 applicable to legislators and legislative employees by virtue of
252 their being public officers or employees, the conduct of members
253 of the Legislature and legislative employees shall be governed
254 by the ethical standards provided in the respective rules of the
255 Senate or House of Representatives which are not in conflict
256 herewith.
257 (15) ADDITIONAL EXEMPTION.—
258 (a) An No elected public officer may not shall be held in
259 violation of subsection (7) if the officer maintains an
260 employment relationship with an entity which is currently a tax
261 exempt organization under s. 501(c) of the Internal Revenue Code
262 and which contracts with or otherwise enters into a business
263 relationship with the officer’s agency and:
264 1.(a) The officer’s employment is not directly or
265 indirectly compensated as a result of such contract or business
266 relationship;
267 2.(b) The officer has in no way participated in the
268 agency’s decision to contract or to enter into the business
269 relationship with his or her employer, whether by participating
270 in discussion at the meeting, by communicating with officers or
271 employees of the agency, or otherwise; and
272 3.(c) The officer abstains from voting on any matter which
273 may come before the agency involving the officer’s employer,
274 publicly states to the assembly the nature of the officer’s
275 interest in the matter from which he or she is abstaining, and
276 files a written memorandum as provided in s. 112.3143.
277 (b) This subsection does not apply to an officer who begins
278 his or her term of office on or after July 1, 2020.
279 Section 4. Section 112.3181, Florida Statutes, is created
280 to read:
281 112.3181 Additional standards for statewide elected
282 officers and legislators.—
283 (1) A statewide elected officer or member of the
284 Legislature may not solicit an employment offer or investment
285 advice arising out of official or political activities engaged
286 in while he or she is an officer or a legislator or a candidate
287 for such office, except under either of the following
288 circumstances:
289 (a) The officer or legislator may solicit or accept future
290 employment, including professional partnerships, in the last 180
291 days of his or her term of office if he or she is ineligible to
292 run for reelection or has publicly announced, and filed a letter
293 or other written notice with the qualifying officer with whom
294 reelection qualification papers are filed, that he or she is not
295 and does not intend to become a candidate for reelection.
296 (b) The officer or legislator may solicit or accept
297 employment from any prospective employer in a profession or an
298 occupation in which he or she has formerly engaged, has been
299 formally educated or trained, or is licensed unless such
300 employment is prohibited by other general law.
301 (2) A statewide elected officer or member of the
302 Legislature may not solicit or accept investment advice from or
303 solicit or enter into an investment, a joint venture, or other
304 profitmaking relationship with a lobbyist or principal, as those
305 terms are defined in s. 11.045 or s. 112.3215. However, the
306 officer or legislator may buy or sell listed, publicly traded
307 securities of a principal without the advice of a lobbyist or
308 principal unless such action violates s. 112.313. For purposes
309 of this section, the phrase “investment, joint venture, or other
310 profitmaking relationship” does not include an employment
311 relationship or any enterprise organized to employ or engage the
312 personal services of individuals, including the officer or
313 legislator. For purposes of this section, the terms “investment
314 advice” and “profitmaking relationship” do not include a client
315 relationship with a licensed investment broker, licensed
316 investment advisor, or similarly licensed professional to whom
317 the officer or legislator pays ordinary and reasonable fees for
318 services, regardless of such broker’s, advisor’s, or
319 professional’s status as a lobbyist’s principal or a nonlobbyist
320 employee of such principal.
321 (3) A lobbyist or principal who receives a solicitation
322 prohibited by this section by or on behalf of a statewide
323 elected officer or member of the Legislature must disclose such
324 solicitation to the commission. Any other person who receives
325 such solicitation may disclose such solicitation to the
326 commission. The commission may investigate any disclosure under
327 this subsection as if it were a valid complaint under this part.
328 (4)(a) A statewide elected officer or member of the
329 Legislature must file a written disclosure with the commission
330 upon acceptance of the following:
331 1. Any new employment with or increased compensation from
332 an entity that receives state funds directly by appropriation;
333 2. Any new employment with or increased compensation from
334 an agency;
335 3. Any new employment the offer of which arose out of
336 official or political activities engaged in while he or she was
337 a statewide elected officer, member of the Legislature, or
338 candidate for such office; or
339 4. Any new employment with or increased compensation from a
340 lobbyist, principal of a lobbyist, or lobbying firm.
341 (b) The disclosure must identify the applicable
342 subparagraph of paragraph (a), the employer, position, salary or
343 other compensation, and the effective date of employment or
344 increased compensation. Such disclosure must be filed within 30
345 days after he or she accepts the employment or increased
346 compensation or before the effective date of employment or
347 increased compensation, whichever date is earliest. With respect
348 to employment or increased compensation accepted or effective
349 between December 31, 2019, and July 1, 2020, the officer or
350 legislator must file such disclosure within 30 days after July
351 1, 2020. The commission shall publish such disclosures with the
352 officer’s or legislator’s full financial disclosure on its
353 website. The commission may adopt forms for disclosure and may
354 adopt rules requiring electronic submission of the disclosure
355 required by this subsection.
356 Section 5. Present subsection (7) of section 112.3185,
357 Florida Statutes, is renumbered as subsection (8), a new
358 subsection (7) is added to that section, subsection (1) of that
359 section is reordered and amended, and present subsection (8) of
360 that section is amended, to read:
361 112.3185 Additional standards for state officers and agency
362 employees.—
363 (1) For the purposes of this section, the term:
364 (b)(a) “Contractual services” has the same meaning shall be
365 defined as set forth in chapter 287.
366 (a)(b) “Agency” means any state officer, department, board,
367 commission, or council of the executive, legislative, or
368 judicial branch of state government and includes the Public
369 Service Commission.
370 (c) “Covered officer” means a state officer who is serving
371 in a position that is not an elective position. The term does
372 not include a person who is appointed to fill an unexpired term
373 of an elective office.
374 (d) “Negotiate” or “negotiation” means a response to an
375 offer or solicitation of an offer of employment or a contractual
376 relationship, including the submission of a resume, an
377 application, or any other information demonstrating interest on
378 the part of a prospective employee and interviewing or engaging
379 in other communication intended to lead to an offer or
380 acceptance of employment or a contractual relationship.
381 (e) “Reporting employee” means any agency employee who is a
382 reporting individual or procurement employee, as those terms are
383 defined in s. 112.3148.
384 (f) “Restricted employer,” with respect to any state
385 officer or agency employee, means any entity that does business
386 with or is subject to regulation by an agency employing the
387 covered officer or reporting employee and any person or entity
388 from whom the covered officer or reporting employee may not
389 solicit a gift under s. 112.3148(3).
390 (g) “Subject to regulation by an agency” means subject to
391 regulation by agency action as defined in s. 120.52(2) or its
392 substantial equivalent. The term does not include regulatory
393 power exercised strictly through the enactment of general laws.
394 (7) A covered officer or reporting employee who is employed
395 in such position on or after July 1, 2020, may not solicit an
396 employment or contractual relationship from or negotiate an
397 employment or contractual relationship with a restricted
398 employer except as provided in this subsection.
399 (a) A covered officer or reporting employee may solicit a
400 future employment or contractual relationship from or negotiate
401 a future employment or contractual relationship with a
402 restricted employer within 90 days before the expiration of the
403 officer’s term of office, if the officer does not seek
404 reappointment, or within 90 days before the officer’s or
405 employee’s termination or retirement date, if he or she provides
406 notice of termination or retirement to the head of his or her
407 agency, the general counsel or inspector general of his or her
408 agency, or any other officer or attorney designated by the head
409 of his or her agency.
410 (b) If a covered officer or reporting employee has been
411 notified by his or her appointing authority or employing agency
412 that he or she will be discharged from office or dismissed or
413 terminated from employment, he or she may solicit a future
414 employment or contractual relationship from or negotiate a
415 future employment or contractual relationship with a restricted
416 employer at any time after such notice but not sooner than 180
417 days before his or her employment is scheduled to end.
418 (c) A covered officer or reporting employee must disclose
419 to the head of his or her agency, the general counsel or
420 inspector general of his or her agency, or any other officer or
421 attorney designated by the head of his or her agency any offer
422 from a restricted employer of employment or a contractual
423 relationship. After such disclosure, a covered officer or
424 reporting employee may negotiate employment or a contractual
425 relationship with the restricted employer if expressly
426 authorized by the head of his or her agency or the agency head’s
427 authorized designee. Permission may be withheld only if the
428 agency head or his or her authorized designee determines such
429 negotiation poses an actual or a potential conflict with the
430 interests of the state or the agency.
431 (d) This subsection does not authorize any employment or
432 contractual relationship solicitation otherwise prohibited by
433 general law.
434 (9)(8) Subsections (1) through (6) do not apply this
435 section is not applicable to any employee of the Public Service
436 Commission who was so employed on or before December 31, 1994,
437 unless so employed on or after July 1, 2020.
438 Section 6. Paragraphs (a), (f), and (h) of subsection (1),
439 subsection (3), paragraph (a) of subsection (5), and subsections
440 (7) and (8) of section 112.3215, Florida Statutes, are amended,
441 and subsection (15) of that section is republished, to read:
442 112.3215 Lobbying before the executive branch or the
443 Constitution Revision Commission; registration and reporting;
444 investigation by commission.—
445 (1) For the purposes of this section:
446 (a) “Agency” means the Governor; the, Governor and
447 Cabinet;, or any department, division, bureau, board,
448 commission, or authority of the executive branch; the State
449 Board of Education; or the Board of Governors of the State
450 University System. The term also includes In addition, “agency”
451 shall mean the Constitution Revision Commission as provided by
452 s. 2, Art. XI of the State Constitution.
453 (f) “Lobbying” “Lobbies” means seeking, on behalf of
454 another person, to influence an agency with respect to a
455 decision of the agency in the area of policy or procurement or
456 an attempt to obtain the goodwill of an agency official or
457 employee. The term “Lobbies” also means influencing or
458 attempting to influence, on behalf of another, the Constitution
459 Revision Commission’s action or nonaction through oral or
460 written communication or an attempt to obtain the goodwill of a
461 member or employee of the Constitution Revision Commission.
462 (h) “Lobbyist” means a person who is employed and receives
463 payment, or who contracts for economic consideration, for the
464 purpose of lobbying, or a person who is principally employed for
465 governmental affairs by another person or governmental entity to
466 lobby on behalf of that other person or governmental entity. For
467 purposes of this paragraph, the phrase “principally employed for
468 governmental affairs” means that one of the principal or most
469 significant responsibilities of the employee to the employer is
470 overseeing the employer’s various relationships with government
471 or representing the employer in its contacts with government.
472 The term “Lobbyist” does not include a person who is:
473 1. An attorney, or any person, who represents a client in a
474 judicial proceeding or in a formal administrative proceeding
475 conducted pursuant to chapter 120 or any other formal hearing
476 before an agency, board, commission, or authority of this state.
477 2. An officer or employee of an agency, or of a legislative
478 or judicial branch entity, or a political subdivision of this
479 state acting in the normal course of his or her office or
480 duties.
481 3. A confidential informant who is providing, or wishes to
482 provide, confidential information to be used for law enforcement
483 purposes.
484 4. A person who seeks lobbies to procure a contract
485 pursuant to chapter 287 which contract is less than the
486 threshold for CATEGORY ONE as provided in s. 287.017.
487 (3) A person may not lobby an agency until such person has
488 electronically registered as a lobbyist with the commission.
489 Such registration shall be due upon initially being retained to
490 lobby and is renewable on a calendar year basis thereafter. The
491 commission shall request authorization from the principal with
492 the principal’s name, business address, e-mail address, and
493 telephone number to confirm that the registrant is authorized to
494 represent the principal Upon registration the person shall
495 provide a statement signed by the principal or principal’s
496 representative that the registrant is authorized to represent
497 the principal. The principal or principal’s representative shall
498 also identify and designate its main business pursuant to the
499 North American Industry Classification System six-digit
500 numerical code that most accurately describes the principal’s
501 main business. Registration is not complete until the commission
502 receives the principal’s authorization and the registration fee
503 on the statement authorizing that lobbyist pursuant to a
504 classification system approved by the commission. The
505 registration shall require each lobbyist to attest to disclose,
506 under oath, the following information:
507 (a) Full legal name, e-mail address, telephone number, Name
508 and business address;
509 (b) The full name, e-mail address, telephone number, and
510 business address of each principal represented;
511 (c) His or her area of interest;
512 (d) The agencies before which he or she will appear; and
513 (d)(e) The existence of any direct or indirect business
514 association, partnership, or financial relationship with any
515 employee of an agency with which he or she lobbies, or intends
516 to lobby, as disclosed in the registration.
517 (5)(a)1. Each lobbying firm shall file a compensation
518 report with the commission for each calendar quarter during any
519 portion of which one or more of the firm’s lobbyists were
520 registered to represent a principal. The report shall include
521 the:
522 a. Full name, e-mail address, business address, and
523 telephone number of the lobbying firm;
524 b. Name of each of the firm’s lobbyists; and
525 c. Total compensation provided or owed to the lobbying firm
526 from all principals for the reporting period, reported in one of
527 the following categories: $0; $1 to $49,999; $50,000 to $99,999;
528 $100,000 to $249,999; $250,000 to $499,999; $500,000 to
529 $999,999; $1 million or more.
530 2. For each principal represented by one or more of the
531 firm’s lobbyists, the lobbying firm’s compensation report shall
532 also include the:
533 a. Full name, e-mail address, business address, and
534 telephone number of the principal; and
535 b. Total compensation provided or owed to the lobbying firm
536 for the reporting period, reported in one of the following
537 categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
538 $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
539 more. If the category “$50,000 or more” is selected, the
540 specific dollar amount of compensation must be reported, rounded
541 up or down to the nearest $1,000.
542 3. If the lobbying firm subcontracts work from another
543 lobbying firm and not from the original principal:
544 a. The lobbying firm providing the work to be subcontracted
545 shall be treated as the reporting lobbying firm’s principal for
546 reporting purposes under this paragraph; and
547 b. The reporting lobbying firm shall, for each lobbying
548 firm identified under subparagraph 2., identify the name and
549 address of the principal originating the lobbying work.
550 4. The senior partner, officer, or owner of the lobbying
551 firm shall certify to the veracity and completeness of the
552 information submitted pursuant to this paragraph.
553 (7) A lobbyist shall promptly send a written statement to
554 the commission canceling the designation of registration for a
555 principal in his or her registration upon termination of such
556 the lobbyist’s representation of that principal. The commission
557 may cancel a lobbyist’s designation of a principal upon the
558 principal’s notification that the lobbyist is no longer
559 authorized to represent the principal Notwithstanding this
560 requirement, the commission may remove the name of a lobbyist
561 from the list of registered lobbyists if the principal notifies
562 the office that a person is no longer authorized to represent
563 that principal.
564 (8)(a) The commission shall investigate every sworn
565 complaint that is filed with it alleging that a person covered
566 by this section has failed to register, has failed to submit a
567 compensation report, has made a prohibited expenditure, or has
568 knowingly submitted false information in any report or
569 registration required in this section.
570 (b) All proceedings, the complaint, and other records
571 relating to the investigation are confidential and exempt from
572 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
573 Constitution, and any meetings held pursuant to an investigation
574 are exempt from the provisions of s. 286.011(1) and s. 24(b),
575 Art. I of the State Constitution either until the alleged
576 violator requests in writing that such investigation and
577 associated records and meetings be made public or until the
578 commission determines, based on the investigation, whether
579 probable cause exists to believe that a violation has occurred.
580 (c) The commission shall investigate any lobbying firm,
581 lobbyist, principal, agency, officer, or employee upon receipt
582 of information from a sworn complaint or from a random audit of
583 lobbying reports indicating that the individual or entity has
584 intentionally failed to disclose any material fact or has
585 knowingly submitted false information in any report required by
586 this section or by rules adopted pursuant to this section a
587 possible violation other than a late-filed report.
588 (d) Notwithstanding paragraphs (a)-(c), the commission may
589 dismiss any complaint or investigation resulting from a random
590 audit of lobbying reports, at any stage of disposition, if it
591 determines that the public interest is not served by proceeding
592 further, in which case the commission shall issue a public
593 report stating with particularity its reasons for the dismissal.
594 (e)1. Records relating to an audit conducted pursuant to
595 this section or an investigation conducted pursuant to this
596 section or s. 112.32155 are confidential and exempt from s.
597 119.07(1) and s. 24(a), Art. I of the State Constitution.
598 2. Any portion of a meeting wherein such investigation or
599 audit is discussed is exempt from s. 286.011 and s. 24(b), Art.
600 I of the State Constitution.
601 3. The exemptions no longer apply if the lobbying firm
602 requests in writing that such investigation and associated
603 records and meetings be made public or the commission determines
604 there is probable cause that the audit reflects a violation of
605 the reporting laws.
606 (15) The commission shall adopt rules to administer this
607 section, which shall prescribe forms for registration and
608 compensation reports, procedures for registration, and
609 procedures that will prevent disclosure of information that is
610 confidential as provided in this section.
611 Section 7. Section 420.5061, Florida Statutes, is amended
612 to read:
613 420.5061 Transfer of agency assets and liabilities.—The
614 corporation is the legal successor in all respects to the
615 agency, is obligated to the same extent as the agency under any
616 agreements existing on December 31, 1997, and is entitled to any
617 rights and remedies previously afforded the agency by law or
618 contract, including specifically the rights of the agency under
619 chapter 201 and part VI of chapter 159. Effective January 1,
620 1998, all references under Florida law to the agency are deemed
621 to mean the corporation. The corporation shall transfer to the
622 General Revenue Fund an amount which otherwise would have been
623 deducted as a service charge pursuant to s. 215.20(1) if the
624 Florida Housing Finance Corporation Fund established by s.
625 420.508(5), the State Apartment Incentive Loan Fund established
626 by s. 420.5087(7), the Florida Homeownership Assistance Fund
627 established by s. 420.5088(4), the HOME Investment Partnership
628 Fund established by s. 420.5089(1), and the Housing
629 Predevelopment Loan Fund established by s. 420.525(1) were each
630 trust funds. For purposes of s. 112.313, the corporation is
631 deemed to be a continuation of the agency, and the provisions
632 thereof are deemed to apply as if the same entity remained in
633 place. Any employees of the agency and agency board members
634 covered by s. 112.313(9)(a)6. shall continue to be entitled to
635 the exemption in that subparagraph, notwithstanding being hired
636 by the corporation or appointed as board members of the
637 corporation.
638 Section 8. This act shall take effect July 1, 2020.