Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 572
Ì913752*Î913752
LEGISLATIVE ACTION
Senate . House
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The Committee on Governmental Oversight and Accountability
(Harrell) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 38 and 39
4 insert:
5 Section 2. For the purpose of incorporating the amendment
6 made by this act to section 112.312, Florida Statutes, in a
7 reference thereto, paragraph (a) of subsection (4) of section
8 106.07, Florida Statutes, is reenacted to read:
9 (4)(a) Except for daily reports, to which only the
10 contributions provisions below apply, and except as provided in
11 paragraph (b), each report required by this section must
12 contain:
13 1. The full name, address, and occupation, if any, of each
14 person who has made one or more contributions to or for such
15 committee or candidate within the reporting period, together
16 with the amount and date of such contributions. For
17 corporations, the report must provide as clear a description as
18 practicable of the principal type of business conducted by the
19 corporation. However, if the contribution is $100 or less or is
20 from a relative, as defined in s. 112.312, provided that the
21 relationship is reported, the occupation of the contributor or
22 the principal type of business need not be listed.
23 2. The name and address of each political committee from
24 which the reporting committee or the candidate received, or to
25 which the reporting committee or candidate made, any transfer of
26 funds, together with the amounts and dates of all transfers.
27 3. Each loan for campaign purposes to or from any person or
28 political committee within the reporting period, together with
29 the full names, addresses, and occupations, and principal places
30 of business, if any, of the lender and endorsers, if any, and
31 the date and amount of such loans.
32 4. A statement of each contribution, rebate, refund, or
33 other receipt not otherwise listed under subparagraphs 1.
34 through 3.
35 5. The total sums of all loans, in-kind contributions, and
36 other receipts by or for such committee or candidate during the
37 reporting period. The reporting forms shall be designed to
38 elicit separate totals for in-kind contributions, loans, and
39 other receipts.
40 6. The full name and address of each person to whom
41 expenditures have been made by or on behalf of the committee or
42 candidate within the reporting period; the amount, date, and
43 purpose of each such expenditure; and the name and address of,
44 and office sought by, each candidate on whose behalf such
45 expenditure was made. However, expenditures made from the petty
46 cash fund provided by s. 106.12 need not be reported
47 individually.
48 7. The full name and address of each person to whom an
49 expenditure for personal services, salary, or reimbursement for
50 authorized expenses as provided in s. 106.021(3) has been made
51 and which is not otherwise reported, including the amount, date,
52 and purpose of such expenditure. However, expenditures made from
53 the petty cash fund provided for in s. 106.12 need not be
54 reported individually. Receipts for reimbursement for authorized
55 expenditures shall be retained by the treasurer along with the
56 records for the campaign account.
57 8. The total amount withdrawn and the total amount spent
58 for petty cash purposes pursuant to this chapter during the
59 reporting period.
60 9. The total sum of expenditures made by such committee or
61 candidate during the reporting period.
62 10. The amount and nature of debts and obligations owed by
63 or to the committee or candidate, which relate to the conduct of
64 any political campaign.
65 11. Transaction information for each credit card purchase.
66 Receipts for each credit card purchase shall be retained by the
67 treasurer with the records for the campaign account.
68 12. The amount and nature of any separate interest-bearing
69 accounts or certificates of deposit and identification of the
70 financial institution in which such accounts or certificates of
71 deposit are located.
72 13. The primary purposes of an expenditure made indirectly
73 through a campaign treasurer pursuant to s. 106.021(3) for goods
74 and services such as communications media placement or
75 procurement services, campaign signs, insurance, and other
76 expenditures that include multiple components as part of the
77 expenditure. The primary purpose of an expenditure shall be that
78 purpose, including integral and directly related components,
79 that comprises 80 percent of such expenditure.
80 Section 3. For the purpose of incorporating the amendment
81 made by this act to section 112.312, Florida Statutes, in a
82 reference thereto, paragraph (a) of subsection (4) of section
83 106.0702, Florida Statutes, is reenacted to read:
84 (4)(a) Each report required by this section must contain:
85 1. The full name, address, and occupation of each person
86 who has made one or more contributions to or for the reporting
87 individual within the reporting period, together with the amount
88 and date of such contributions. For corporations, the report
89 must provide as clear a description as practicable of the
90 principal type of business conducted by the corporations.
91 However, if the contribution is $100 or less or is from a
92 relative, as defined in s. 112.312, provided that the
93 relationship is reported, the occupation of the contributor or
94 the principal type of business need not be listed.
95 2. The name and address of each political committee from
96 which the reporting individual has received, or to which the
97 reporting individual has made, any transfer of funds within the
98 reporting period, together with the amounts and dates of all
99 transfers.
100 3. Each loan for campaign purposes from any person or
101 political committee within the reporting period, together with
102 the full name, address, and occupation, and principal place of
103 business, if any, of the lender and endorser, if any, and the
104 date and amount of such loans.
105 4. A statement of each contribution, rebate, refund, or
106 other receipt not otherwise listed under subparagraphs 1.-3.
107 5. The total sums of all loans, in-kind contributions, and
108 other receipts by or for such reporting individual during the
109 reporting period. The reporting forms shall be designed to
110 elicit separate totals for in-kind contributions, loans, and
111 other receipts.
112 6. The full name and address of each person to whom
113 expenditures have been made by or on behalf of the reporting
114 individual within the reporting period; the amount, date, and
115 purpose of each such expenditure; and the name and address of,
116 and office sought by, each reporting individual on whose behalf
117 such expenditure was made.
118 7. The amount and nature of debts and obligations owed by
119 or to the reporting individual which relate to the conduct of
120 any political campaign.
121 8. Transaction information for each credit card purchase.
122 Receipts for each credit card purchase shall be retained by the
123 reporting individual.
124 9. The amount and nature of any separate interest-bearing
125 accounts or certificates of deposit and identification of the
126 financial institution in which such accounts or certificates of
127 deposit are located.
128 Section 4. For the purpose of incorporating the amendment
129 made by this act to section 112.312, Florida Statutes, in a
130 reference thereto, section 348.0305, Florida Statutes, is
131 reenacted to read:
132 (1) Notwithstanding any other provision of law to the
133 contrary, members and employees of the agency are subject to
134 part III of chapter 112. As used in this section, the term:
135 (a) “Agency” means the Greater Miami Expressway Agency.
136 (b) “Lobby” means to seek to influence the agency, on
137 behalf of another person, with respect to a decision of the
138 agency in an area of policy or procurement or to attempt to
139 obtain the goodwill of an officer, employee, or consultant of
140 the agency. The term does not include representing a client in
141 any stage of applying for or seeking approval of any
142 administrative action, or opposition to such action, provided
143 such action does not require legislative discretion and is
144 subject to judicial review by petitioning for writ of
145 certiorari.
146 (c) “Lobbyist” means a person who is employed and receives
147 payment, or who contracts for economic consideration, to lobby
148 or a person who is principally employed for governmental affairs
149 by another person or entity to lobby on behalf of such person or
150 entity. The term does not include a person who:
151 1. Represents a client in a judicial proceeding or in a
152 formal administrative proceeding before the agency.
153 2. Is an officer or employee of any governmental entity
154 acting in the normal course of his or her duties.
155 3. Consults under contract with the agency and communicates
156 with the agency regarding issues related to the scope of
157 services in his or her contract.
158 4. Is an expert witness who is retained or employed by an
159 employer, principal, or client to provide only scientific,
160 technical, or other specialized information provided in agenda
161 materials or testimony only in public hearings, provided the
162 expert identifies such employer, principal, or client at such
163 hearing.
164 5. Seeks to procure a contract that is less than $20,000 or
165 a contract pursuant to s. 287.056.
166 (d) “Officer” means a member of the governing body of the
167 agency.
168 (e) “Principal” has the same meaning as in s. 112.3215.
169 (f) “Relative” has the same meaning as in s. 112.312.
170 (2)(a) A lobbyist may not be appointed or serve as a member
171 of the governing body of the agency.
172 (b) A person may not be appointed or serve as an officer if
173 that person currently represents or has in the previous 4 years
174 lobbied the agency or the former Miami-Dade County Expressway
175 Authority.
176 (c) A person may not be appointed or serve as an officer if
177 that person has in the previous 4 years done business, or been
178 an employee of a person or entity that has done business, with
179 the agency or the former Miami-Dade County Expressway Authority.
180 (d) A person may not be appointed or serve as an officer if
181 that person has in the previous 2 years been an employee of the
182 agency.
183 (3) An officer, employee, or consultant of the agency or of
184 the former Miami-Dade County Expressway Authority may not, for a
185 period of 4 years after vacation of his or her position with the
186 agency:
187 (a) Lobby the agency.
188 (b) Have an employment or contractual relationship with a
189 business entity in connection with a contract in which the
190 officer, employee, or consultant personally and substantially
191 participated through decision, approval, disapproval,
192 recommendation, rendering of advice, or investigation while he
193 or she was an officer, employee, or consultant of the agency.
194 When an agency employee's position is eliminated and his or her
195 former duties are performed by the business entity, this
196 paragraph does not prohibit him or her from employment or a
197 contractual relationship with the business entity if the
198 employee's participation in the contract was limited to
199 recommendation, rendering of advice, or investigation and if the
200 executive director of the agency determines that the best
201 interests of the agency will be served thereby and provides
202 prior written approval for the particular employee.
203 (c) Have or hold any employment or contractual relationship
204 with a business entity in connection with any contract for
205 contractual services which was within his or her responsibility
206 while an officer, employee, or consultant. If an agency
207 employee's position is eliminated and his or her former duties
208 are performed by the business entity, this paragraph may be
209 waived by the executive director of the agency through prior
210 written approval for the particular employee if the executive
211 director determines that the best interests of the agency will
212 be served thereby.
213 (4) Each officer, employee, and consultant of the agency
214 must promptly disclose:
215 (a) Every relationship that may create a conflict between
216 his or her private interests and the performance of his or her
217 duties to the agency or that would impede the full and faithful
218 discharge of his or her duties to the agency.
219 (b) Any relative and any employment or contractual
220 relationship of such relative which, if held by the officer,
221 employee, or consultant, would violate any provision of
222 s. 112.313.
223 (c) Any relative who is a lobbyist and such lobbyist's
224 principal.
225 (d) Any direct or indirect interest in real property and
226 such interest of any relative if such property is located within
227 one-half mile of any actual or prospective agency project. The
228 executive director of the agency shall provide a corridor map
229 and a property ownership list reflecting the ownership of all
230 real property within the disclosure area, or an alignment map
231 with a list of associated owners, to all officers, employees,
232 and consultants.
233 (5) The disclosures required under subsection (4) must be
234 filed with the agency general counsel in the manner specified by
235 the general counsel. When the disclosure is filed by the general
236 counsel, a copy must be provided to the executive director of
237 the agency.
238 (6) A violation of this section shall be considered a
239 violation of the violator's official, employment, or contractual
240 duties to the agency.
241 (7) Officers, employees, and consultants of the agency
242 shall be adequately informed and trained on the provisions of
243 this section and the state code of ethics and shall receive
244 ongoing ethics training.
245 (8) The state code of ethics shall apply to officers,
246 employees, and consultants of the agency, and this section shall
247 be enforced by the Commission on Ethics as part of the state
248 code of ethics.
249 (9) For purposes of this section, “consultant” does not
250 include firms or individuals retained by the agency to provide
251 architectural, engineering, landscape architecture, or
252 registered surveying and mapping services as described in
253 s. 287.055.
254
255 ================= T I T L E A M E N D M E N T ================
256 And the title is amended as follows:
257 Delete lines 2 - 8
258 and insert:
259 An act relating to ethics for public officers and
260 employees; amending s. 112.312, F.S.; revising the
261 definition of the term "relative" to include foster
262 parents and foster children; reenacting s. 106.07,
263 F.S., relating to a campaign treasurer's reports of
264 campaign contributions, to incorporate the amendment
265 made to s. 112.312, F.S., in reference thereto;
266 reenacting s. 106.0702, F.S., relating to reports of
267 campaign contributions to candidates for a position on
268 a political party executive committee, to incorporate
269 the amendment made to s. 112.312, F.S., in reference
270 thereto; reenacting 348.0305, F.S., relating to
271 ethical requirements for officers, employees, and
272 consultants for the Greater Miami Expressway Agency,
273 to incorporate the amendment made to s. 112.312, F.S.,
274 in reference thereto; reenacting s. 1001.421, F.S.,
275 relating to gifts to district school board members, to
276 incorporate the amendment made to s. 112.312, F.S., in
277 reference thereto; providing an effective date.