Bill Text: FL S1330 | 2018 | Regular Session | Introduced
Bill Title: State Officer Post-service Lobbying Restrictions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Ethics and Elections [S1330 Detail]
Download: Florida-2018-S1330-Introduced.html
Florida Senate - 2018 SB 1330
By Senator Rouson
19-00656-18 20181330__
1 A bill to be entitled
2 An act relating to state officer post-service lobbying
3 restrictions; amending s. 112.313, F.S.; prohibiting
4 legislators and statewide elected officers from
5 personally representing another person or entity for
6 compensation before any state government body or state
7 agency except judicial tribunals for a specified time
8 period following vacation of office; deleting a
9 prohibition on a former legislator from acting as a
10 lobbyist before an executive branch agency, agency
11 official, or employee for a specified period following
12 vacation of office; providing retroactive
13 applicability; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (9) of section 112.313, Florida
18 Statutes, is amended to read:
19 112.313 Standards of conduct for public officers, employees
20 of agencies, and local government attorneys.—
21 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
22 LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
23 (a)1. It is the intent of the Legislature to implement by
24 statute the provisions of s. 8(e), Art. II of the State
25 Constitution relating to legislators, statewide elected
26 officers, appointed state officers, and designated public
27 employees.
28 2. As used in this paragraph:
29 a. “Employee” means:
30 (I) Any person employed in the executive or legislative
31 branch of government holding a position in the Senior Management
32 Service as defined in s. 110.402 or any person holding a
33 position in the Selected Exempt Service as defined in s. 110.602
34 or any person having authority over policy or procurement
35 employed by the Department of the Lottery.
36 (II) The Auditor General, the director of the Office of
37 Program Policy Analysis and Government Accountability, the
38 Sergeant at Arms and Secretary of the Senate, and the Sergeant
39 at Arms and Clerk of the House of Representatives.
40 (III) The executive director and deputy executive director
41 of the Commission on Ethics.
42 (IV) An executive director, staff director, or deputy staff
43 director of each joint committee, standing committee, or select
44 committee of the Legislature; an executive director, staff
45 director, executive assistant, analyst, or attorney of the
46 Office of the President of the Senate, the Office of the Speaker
47 of the House of Representatives, the Senate Majority Party
48 Office, Senate Minority Party Office, House Majority Party
49 Office, or House Minority Party Office; or any person, hired on
50 a contractual basis, having the power normally conferred upon
51 such persons, by whatever title.
52 (V) The Chancellor and Vice Chancellors of the State
53 University System; the general counsel to the Board of Governors
54 of the State University System; and the president, provost, vice
55 presidents, and deans of each state university.
56 (VI) Any person, including an other-personal-services
57 employee, having the power normally conferred upon the positions
58 referenced in this sub-subparagraph.
59 b. “Appointed state officer” means any member of an
60 appointive board, commission, committee, council, or authority
61 of the executive or legislative branch of state government whose
62 powers, jurisdiction, and authority are not solely advisory and
63 include the final determination or adjudication of any personal
64 or property rights, duties, or obligations, other than those
65 relative to its internal operations.
66 c. “State agency” means an entity of the legislative,
67 executive, or judicial branch of state government over which the
68 Legislature exercises plenary budgetary and statutory control.
69 3.a. A No member of the Legislature, appointed state
70 officer, or statewide elected officer may not shall personally
71 represent another person or entity for compensation before any
72 state government body or state agency other than judicial
73 tribunals or in settlement negotiations after the filing of a
74 lawsuit the government body or agency of which the individual
75 was an officer or member for a period of 6 2 years following
76 vacation of office. A No member of the Legislature may not shall
77 personally represent another person or entity for compensation
78 during his or her term of office before any state agency other
79 than judicial tribunals or in settlement negotiations after the
80 filing of a lawsuit.
81 b. An appointed state officer may not personally represent
82 another person or entity for compensation before the government
83 body or agency of which the individual was an officer or member
84 for a period of 2 years following vacation of office For a
85 period of 2 years following vacation of office, a former member
86 of the Legislature may not act as a lobbyist for compensation
87 before an executive branch agency, agency official, or employee.
88 The terms used in this sub-subparagraph have the same meanings
89 as provided in s. 112.3215.
90 4. An agency employee, including an agency employee who was
91 employed on July 1, 2001, in a Career Service System position
92 that was transferred to the Selected Exempt Service System under
93 chapter 2001-43, Laws of Florida, may not personally represent
94 another person or entity for compensation before the agency with
95 which he or she was employed for a period of 2 years following
96 vacation of position, unless employed by another agency of state
97 government.
98 5. Any person violating this paragraph shall be subject to
99 the penalties provided in s. 112.317 and a civil penalty of an
100 amount equal to the compensation which the person receives for
101 the prohibited conduct.
102 6. This paragraph is not applicable to:
103 a. A person employed by the Legislature or other agency
104 prior to July 1, 1989;
105 b. A person who was employed by the Legislature or other
106 agency on July 1, 1989, whether or not the person was a defined
107 employee on July 1, 1989;
108 c. A person who was a defined employee of the State
109 University System or the Public Service Commission who held such
110 employment on December 31, 1994;
111 d. A person who has reached normal retirement age as
112 defined in s. 121.021(29), and who has retired under the
113 provisions of chapter 121 by July 1, 1991; or
114 e. Any appointed state officer whose term of office began
115 before January 1, 1995, unless reappointed to that office on or
116 after January 1, 1995.
117 (b) In addition to the provisions of this part which are
118 applicable to legislators and legislative employees by virtue of
119 their being public officers or employees, the conduct of members
120 of the Legislature and legislative employees shall be governed
121 by the ethical standards provided in the respective rules of the
122 Senate or House of Representatives which are not in conflict
123 herewith.
124 Section 2. The amendment made by this act to s. 112.313,
125 Florida Statutes, applies only to those individuals who were
126 members of the Legislature at any time after November 8, 2016,
127 or who were statewide elected officers at any time after
128 November 8, 2016.
129 Section 3. This act shall take effect July 1, 2018.
