Bill Text: FL S0766 | 2020 | Regular Session | Introduced
Bill Title: Local Government Accountability
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Ethics and Elections [S0766 Detail]
Download: Florida-2020-S0766-Introduced.html
Florida Senate - 2020 SB 766
By Senator Perry
8-00718A-20 2020766__
1 A bill to be entitled
2 An act relating to local government accountability;
3 amending s. 112.3148, F.S.; redefining the term
4 “lobbyist” to conform to changes made by the act;
5 repealing s. 112.3261, F.S., relating to registration
6 of and reporting by water management district
7 lobbyists; creating s. 112.3262, F.S.; defining terms;
8 requiring the Commission on Ethics to create the Local
9 Government Lobbyist Registration System; preempting
10 local government rules or ordinances establishing a
11 lobbyist registration system; authorizing governmental
12 entities to adopt certain rules and ordinances;
13 prohibiting a person from lobbying a governmental
14 entity absent registration with the commission;
15 specifying registration requirements; requiring the
16 commission to publish a lobbyist directory;
17 establishing procedures for the cancellation of a
18 lobbyist’s registration; requiring a governmental
19 entity to monitor compliance with registration
20 requirements; requiring the commission to investigate
21 sworn complaints containing certain allegations;
22 prescribing procedures for the disposition of
23 complaints; specifying applicable penalties for
24 violations; specifying required duties of governmental
25 entities; authorizing the commission to adopt certain
26 rules; authorizing an affected person to seek an
27 advisory opinion from the commission; amending ss.
28 125.001 and 166.0213, F.S.; requiring boards of county
29 commissioners and governing bodies of municipalities,
30 respectively, to provide notice of certain meetings in
31 a specified manner; providing a declaration of
32 important state interest; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Paragraph (b) of subsection (2) of section
37 112.3148, Florida Statutes, is amended to read:
38 112.3148 Reporting and prohibited receipt of gifts by
39 individuals filing full or limited public disclosure of
40 financial interests and by procurement employees.—
41 (2) As used in this section:
42 (b)1. “Lobbyist” means any natural person who, for
43 compensation, seeks, or sought during the preceding 12 months,
44 to influence the governmental decisionmaking of a reporting
45 individual or procurement employee or his or her agency or
46 seeks, or sought during the preceding 12 months, to encourage
47 the passage, defeat, or modification of any proposal or
48 recommendation by the reporting individual or procurement
49 employee or his or her agency.
50 2. With respect to an agency that is a governmental entity
51 as defined in s. 112.3262 has established by rule, ordinance, or
52 law a registration process for persons seeking to influence
53 decisionmaking or to encourage the passage, defeat, or
54 modification of any proposal or recommendation by such agency or
55 an employee or official of the agency, the term “lobbyist”
56 includes only a person who is required to be registered as a
57 lobbyist in accordance with s. 112.3262 such rule, ordinance, or
58 law or who, was during the preceding 12 months, was required to
59 be registered as a lobbyist in accordance with s. 112.3262 such
60 rule, ordinance, or law. At a minimum, such a registration
61 system must require the registration of, or must designate,
62 persons as “lobbyists” who engage in the same activities as
63 require registration to lobby the Legislature pursuant to s.
64 11.045.
65 Section 2. Section 112.3261, Florida Statutes, is repealed.
66 Section 3. Section 112.3262, Florida Statutes, is created
67 to read:
68 112.3262 Lobbying before governmental entities.—
69 (1) As used in this section, the term:
70 (a) “Governmental entity” or “entity” means a water
71 management district created in s. 373.069 and operating under
72 the authority of chapter 373, a hospital district, a children’s
73 services district, an expressway authority, a port authority as
74 defined in s. 315.02, a county, a municipality, a school
75 district, or a special district.
76 (b) “Lobbying” means seeking, on behalf of another person,
77 to influence a governmental entity with respect to a decision of
78 the entity in an area of policy or procurement or an attempt to
79 obtain the goodwill of an official or employee of a governmental
80 entity. The term does not include representing a client in any
81 stage of applying for, or seeking approval of, an application
82 for a license, permit, or waiver of a regulation or other
83 administrative action, or opposition to such action, provided
84 that such action does not require legislative discretion and is
85 subject to judicial review by petitioning for writ of
86 certiorari.
87 (c) “Lobbyist” means a person who is employed and receives
88 payment, or who contracts for economic consideration, for the
89 purpose of lobbying, or a person who is principally employed for
90 governmental affairs by another person or governmental entity to
91 lobby on behalf of such person or governmental entity. The term
92 does not include a person who:
93 1. Represents a client in a judicial proceeding or in a
94 formal administrative proceeding before a governmental entity.
95 2. Is an officer or employee of an agency acting in the
96 normal course of his or her duties.
97 3. Consults under contract with the governmental entity and
98 communicates with the entity’s governing body or governing body
99 employee regarding issues related to the scope of services in
100 his or her contract.
101 4. Is an employee, an officer, or a board member of a
102 homeowners’ association, condominium association, or
103 neighborhood association when addressing, in his or her capacity
104 as an employee, an officer, or a board member of such
105 association, an issue impacting the association or its members.
106 5. Is a confidential informant who is providing, or wishes
107 to provide, confidential information to be used for law
108 enforcement purposes.
109 6. Is an expert witness who is retained or employed by an
110 employer, a principal, or a client to provide only scientific,
111 technical, or other specialized information provided in agenda
112 materials or testimony only in public hearings, provided that
113 the expert identifies such employer, principal, or client at
114 such hearing.
115 7. Seeks to procure a contract that is less than $20,000 or
116 a contract made pursuant s. 287.056.
117 (d) “Principal” has the same meaning as in s. 112.3215.
118 (e) “Principally employed for governmental affairs” means
119 that one of the employee’s principal or most significant
120 responsibilities to the employer is overseeing the employer’s
121 various governmental relationships or representing the employer
122 in its contacts made with an officer or employee of a
123 governmental entity.
124 (2) The Commission on Ethics shall create the Local
125 Government Lobbyist Registration System to register lobbyists
126 who wish to lobby governmental entities as provided in this
127 section. Beginning October 1, 2020, any governmental entity rule
128 or ordinance that requires lobbyist registration is preempted
129 and replaced by the registration system established by this
130 subsection. Additionally, a governmental entity may not require
131 classes or certifications or otherwise impose additional
132 requirements as a requisite for lobbyist registration. However,
133 in accordance with s. 112.326, a governmental entity may adopt a
134 rule or an ordinance to require compensation reporting and
135 disclosure of contacts that a lobbyist has made with an officer
136 or employee of a governmental entity and to restrict exchange of
137 money or other things of value between a lobbyist and officers
138 or employees of a governmental entity.
139 (3) Beginning October 1, 2020, a person may not lobby a
140 governmental entity until such person has electronically
141 registered as a lobbyist with the commission. Such initial
142 registration is due upon the person being retained to lobby and
143 is renewable annually on the anniversary of the lobbyist’s
144 registration or in the month of the lobbyist’s birth, as
145 selected by the lobbyist at the time of registration. The
146 commission shall request authorization from the principal using
147 the principal’s name, business address, e-mail address, and
148 telephone number to confirm that the registrant is authorized to
149 represent the principal. The principal or principal’s
150 representative shall identify and designate its main business
151 pursuant to the North American Industry Classification System
152 (NAICS) six-digit numerical code that most accurately describes
153 its main business. Registration is incomplete until the
154 commission receives the principal’s authorization. Any changes
155 to the information required by this subsection must be disclosed
156 within 15 days after such change by the lobbyist updating his or
157 her registration. The commission may require separate
158 registration submissions for each county and multi-county
159 governmental entity, but each such submission must include any
160 governmental entity in the county for which the submission is
161 made. The commission may allow for streamlined registration for
162 all governmental entities. A person required to register as a
163 lobbyist under this subsection shall register through the
164 electronic system and shall attest to the following:
165 (a) His or her full legal name, birth month, e-mail
166 address, telephone number, and business address.
167 (b) The name, e-mail address, telephone number, and
168 business address of each principal represented.
169 (c) The name of each governmental entity lobbied or
170 intended to be lobbied on behalf of the principal.
171 (d) Any direct or indirect business association,
172 partnership, or financial relationship with an official or
173 employee of a governmental entity lobbied or intended to be
174 lobbied on behalf of the principal.
175 (4) The commission shall publish on the Internet a lobbyist
176 directory that contains all lobbyist registrations.
177 (5) A lobbyist shall promptly provide a written statement
178 to the commission canceling the designation of a principal upon
179 termination of such representation. The commission may cancel a
180 lobbyist’s designation of a principal upon receipt of
181 notification by the principal that the lobbyist is no longer
182 authorized to represent such principal.
183 (6) A governmental entity must make reasonable efforts to
184 ascertain whether a person who lobbies that entity has
185 registered pursuant to this section. A governmental entity may
186 not knowingly authorize an unregistered lobbyist to lobby the
187 entity.
188 (7)(a) Upon discovery of a violation of this section, a
189 person or governmental entity may file a sworn complaint with
190 the commission. Except as provided in subsection (8), the
191 commission shall investigate every sworn complaint that is filed
192 which alleges that a person covered by this section has failed
193 to register or has knowingly submitted false information in any
194 registration required in this section.
195 (b) If the commission finds no probable cause to believe
196 that a violation of this section has occurred, it shall dismiss
197 the complaint and send a copy of the complaint, findings, and
198 summary to the complainant and the alleged violator. If the
199 commission finds probable cause to believe that a violation of
200 this section has occurred, it shall report the results of its
201 investigation to the Governor and send, by certified mail, a
202 copy of the report to the alleged violator. A person who the
203 commission finds probable cause to believe has violated this
204 section is entitled to a public hearing upon timely submission
205 of a written request for a hearing to the Governor. Such person
206 is deemed to have waived his or her right to a public hearing if
207 the request is not received within 14 days after a copy of the
208 report is mailed to him or her. However, the Governor may
209 require a public hearing and may conduct such further
210 investigation as he or she deems necessary.
211 (c) If the Governor determines that a violation occurred,
212 he or she may reprimand, censure, or assess a civil penalty
213 against the violator in accordance with this section.
214 (8)(a) Upon a first complaint to the commission alleging a
215 violation of subsection (3) against a lobbyist, or upon any
216 complaint against a lobbyist received before January 1, 2021,
217 the commission shall, within 30 days after receipt of the
218 complaint, issue a warning letter to the lobbyist directing him
219 or her to consult the obligations of lobbyists under this
220 section and shall dismiss the complaint.
221 (b) For complaints against a lobbyist received on or after
222 January 1, 2021, notwithstanding the civil penalties in s.
223 112.317, a lobbyist found by the commission to have violated
224 subsection (3) is subject to:
225 1. For a first violation, a civil penalty not to exceed
226 $500.
227 2. For a second or subsequent violation committed within 12
228 months after the Governor determines that a first violation has
229 been committed, a civil penalty of at least $200 but not more
230 than $1,000 or a 1-year suspension from lobbying any
231 governmental entity associated with the violation. A
232 governmental entity may impose additional civil penalties not to
233 exceed $500 per violation, and, notwithstanding paragraph (c),
234 may suspend the lobbyist from lobbying the governmental entity
235 and its agencies on behalf of any principal for a period of up
236 to 2 years.
237 (c) The civil penalties and suspensions provided in this
238 subsection must be applied on a per-principal basis with
239 suspensions affecting only those principals for whom
240 unregistered lobbying occurred.
241 (9) By January 1, 2021, a governmental entity’s governing
242 body, or the entity’s designee, shall notify the commission of
243 any ordinance or rule that imposes additional or more stringent
244 obligations with respect to lobbyist compensation reporting, or
245 other conduct involving lobbying activities, and shall forward
246 to the commission a copy of any associated form that has been
247 established to facilitate compliance with such ordinance or
248 rule. By January 1, 2022, each governmental entity shall conform
249 its lobbyist regulation system, if any, to accommodate regular
250 digital distribution of lobbyist registration data from the
251 commission so that initial registration of a lobbyist pursuant
252 to subsection (3) is accomplished without having to supply the
253 lobbyist and principal information to more than one lobbyist
254 regulation system. The commission shall cooperate to the extent
255 reasonably practicable to ensure such coordination of
256 information.
257 (10) The commission may adopt rules to establish procedures
258 for the administration of the Local Government Lobbyist
259 Registration System, including the staggering of registration
260 renewal dates based on the anniversary of the lobbyist’s
261 registration or the month of the lobbyist’s birth, as selected
262 by the lobbyist at the time of registration, and for the
263 adoption of forms, the method of registering specific entities
264 lobbied, and the exchange of information with governmental
265 entities.
266 (11) A person, when in doubt about the applicability and
267 interpretation of this section, may submit in writing to the
268 commission the facts of the situation with a request for an
269 advisory opinion to establish the standard of duty. An advisory
270 opinion shall be rendered by the commission and, until amended
271 or revoked, is binding on the conduct of the person who sought
272 the opinion, unless material facts were omitted or misstated in
273 the request.
274 Section 4. Subsection (1) of section 125.001, Florida
275 Statutes, is amended to read:
276 125.001 Board meetings; notice.—
277 (1) Upon the giving of due public notice, regular and
278 special meetings of the board may be held at any appropriate
279 public place in the county. Except in the case of emergency
280 meetings, the board shall provide notice of any meeting of the
281 board at least 7 days in advance by posting a notice on the
282 county’s website. Additionally, the notice must include a
283 statement of the general subject matter to be considered by the
284 board.
285 Section 5. Subsection (3) is added to section 166.0213,
286 Florida Statutes, to read:
287 166.0213 Governing body meetings.—
288 (3) Except in the case of emergency meetings, the governing
289 body of a municipality shall provide notice of any meeting of
290 the governing body at least 7 days in advance by posting a
291 notice on the municipality’s website. Additionally, the notice
292 must include a statement of the general subject matter to be
293 considered by the governing body.
294 Section 6. The Legislature finds that a proper and
295 legitimate state purpose is served when mechanisms are
296 established to secure and sustain the public’s trust in public
297 officers and employees. Therefore, the Legislature determines
298 and declares that this act fulfills an important state interest.
299 Section 7. This act shall take effect October 1, 2020.
