Bill Text: FL S1628 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Workplace Harassment

Spectrum: Slight Partisan Bill (Democrat 4-1-1)

Status: (Failed) 2018-03-10 - Died in returning Messages [S1628 Detail]

Download: Florida-2018-S1628-Introduced.html

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       Florida Senate - 2018                                    SB 1628
       
       
        
       By Senator Book
       
       
       
       
       
       32-01075-18                                           20181628__
    1                        A bill to be entitled                      
    2         An act relating to sexual harassment; creating s.
    3         11.9006, F.S.; creating the Task Force on the
    4         Prevention of Sexual Harassment and Misconduct;
    5         requiring that the task force meet at 4-year intervals
    6         beginning on a specified date; providing for the
    7         staffing and the composition of the task force;
    8         prescribing duties of and requirements for the task
    9         force; requiring the task force to report its findings
   10         and recommendations to the Governor and the
   11         Legislature before a specified date; authorizing
   12         reimbursement for per diem and travel expenses;
   13         creating s. 112.3126, F.S.; providing definitions;
   14         prohibiting public officers, qualified candidates,
   15         agency employees, and lobbyists from sexually
   16         harassing any person; reenacting and amending s.
   17         112.317, F.S., relating to penalties for violations of
   18         the Code of Ethics for Public Officers and Employees;
   19         providing penalties for lobbyists who violate the
   20         prohibition against sexual harassment; amending s.
   21         112.324, F.S.; specifying that the personal
   22         identifying information of an alleged victim of sexual
   23         harassment contained in a complaint or referral and in
   24         related materials remains confidential and exempt from
   25         public records requirements; requiring the Commission
   26         on Ethics to report its findings and recommendations
   27         to the Governor and Cabinet or the Legislature upon
   28         finding a violation of the act; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 11.9006, Florida Statutes, is created to
   34  read:
   35         11.9006 Task Force on the Prevention of Sexual Harassment
   36  and Misconduct.—
   37         (1) There is created the Task Force on the Prevention of
   38  Sexual Harassment and Misconduct. The task force shall convene
   39  no later than July 2018, and at least every 4 years thereafter.
   40  The task force shall meet as many times as is necessary in order
   41  to complete its duties prescribed under subsections (4) and (5).
   42  The task force is created for the express purpose of studying
   43  the problem of sexual harassment and misconduct and examining
   44  best practices to prevent sexual harassment and misconduct,
   45  particularly in government settings and as applied to the
   46  conduct of public officers, candidates for public office, agency
   47  employees, and lobbyists. The task force is created within the
   48  legislative branch for administrative purposes only. The
   49  Governor, the President of the Senate, and the Speaker of the
   50  House of Representatives shall assign staff to assist the task
   51  force in the performance of its duties.
   52         (2) The task force is composed of the following
   53  individuals:
   54         (a) One member of the Senate and one full-time employee of
   55  the Senate, appointed by the President of the Senate.
   56         (b) One member of the House of Representatives and one
   57  full-time employee of the House of Representatives, appointed by
   58  the Speaker of the House of Representatives.
   59         (c) One member appointed by the Governor.
   60         (d) One member representing the Florida Council Against
   61  Sexual Violence, appointed by the council’s executive director.
   62         (e) One member representing the Florida Association of
   63  Counties, appointed by the association’s president.
   64         (f) One representative representing the Florida League of
   65  Cities, appointed by the organization’s president.
   66         (g) One representative of the Florida Association of
   67  Professional Lobbyists, appointed by the association’s chair.
   68         (h) One representative of the Florida Press Association,
   69  appointed by the association’s chair.
   70         (i) One representative of the Florida Behavioral Health
   71  Association, appointed by the association’s chair.
   72  
   73  In selecting appointments, each appointing authority must
   74  consider the diversity of the members of the task force. Any
   75  vacancy in the membership of the task force shall be filled in
   76  the same manner as the original appointment.
   77         (3) The members of the task force shall designate a chair
   78  at their first meeting. Meetings of the task force may be held
   79  via teleconferences or other electronic means.
   80         (4) At a minimum, the task force shall examine:
   81         (a) The adequacy of current methods of reporting
   82  complaints, and the investigations thereof, of sexual harassment
   83  or misconduct.
   84         (b) Current procedures regarding the maintenance of the
   85  confidentiality of complaints, investigations, and the identity
   86  of victims.
   87         (c) Victims’ ability to obtain support, care, and
   88  assistance.
   89         (d) The adequacy of measures currently available to hold
   90  offenders accountable.
   91         (e) Any training and educational programs addressing sexual
   92  harassment or misconduct currently offered by governmental
   93  entities and whether further changes are needed to such programs
   94  to increase their effectiveness.
   95         (f) Measures taken in other states to reduce the incidence
   96  of sexual harassment or misconduct involving public officers,
   97  candidates, and agency employees and to protect the rights of
   98  victims.
   99         (5) The task force shall report its findings and
  100  recommendations, including any recommendations for proposed
  101  legislative changes, to the Governor, the President of the
  102  Senate, and the Speaker of the House of Representatives by
  103  January 15 before the next regular session of the Legislature.
  104         (6) Members of the task force shall serve without
  105  compensation, but members are entitled to reimbursement for per
  106  diem and travel expenses in accordance with s. 112.061 to be
  107  paid by the appointing authority.
  108         Section 2. Section 112.3126, Florida Statutes, is created
  109  to read:
  110         112.3126 Prohibition on sexual harassment.—
  111         (1) As used in this section, the term:
  112         (a) “Lobbyist” means a person who is either required to
  113  register to lobby before the legislative branch pursuant to s.
  114  11.045 or required to register to lobby before the executive
  115  branch or the Constitution Revision Commission pursuant to s.
  116  112.3215.
  117         (b) “Sexually harass” includes unwelcome sexual advances;
  118  requests for sexual favors; or any other conduct of a sexual
  119  nature by a public officer, a candidate for public office, an
  120  employee of an agency, or a lobbyist which is directed toward
  121  any individual when:
  122         1. Submission to such conduct is made either explicitly or
  123  implicitly a term or condition of the individual’s employment;
  124         2. Submission to or rejection of such conduct by an
  125  individual is used as the basis for how the public officer,
  126  candidate, agency employee, or lobbyist makes decisions relating
  127  to his or her position which affect such individual; or
  128         3. Such conduct has the purpose or effect of creating an
  129  intimidating, a hostile, or an offensive working environment.
  130         (2) A public officer, a candidate who has qualified to run
  131  for public office, an agency employee, or a lobbyist may not
  132  sexually harass any individual, regardless of whether an
  133  employment relationship exists.
  134         Section 3. Section 112.317, Florida Statutes, is reenacted
  135  and amended to read:
  136         112.317 Penalties.—
  137         (1) Any violation of this part, including, but not limited
  138  to, failure to file disclosures required by this part or
  139  violation of any standard of conduct imposed by this part, or
  140  any violation of s. 8, Art. II of the State Constitution, in
  141  addition to any criminal penalty or other civil penalty
  142  involved, under applicable constitutional and statutory
  143  procedures, constitutes grounds for, and may be punished by, one
  144  or more of the following:
  145         (a) In the case of a public officer:
  146         1. Impeachment.
  147         2. Removal from office.
  148         3. Suspension from office.
  149         4. Public censure and reprimand.
  150         5. Forfeiture of no more than one-third of his or her
  151  salary per month for no more than 12 months.
  152         6. A civil penalty not to exceed $10,000.
  153         7. Restitution of any pecuniary benefits received because
  154  of the violation committed. The commission may recommend that
  155  the restitution penalty be paid to the agency of which the
  156  public officer was a member or to the General Revenue Fund.
  157         (b) In the case of an employee or a person designated as a
  158  public officer by this part who otherwise would be deemed to be
  159  an employee:
  160         1. Dismissal from employment.
  161         2. Suspension from employment for not more than 90 days
  162  without pay.
  163         3. Demotion.
  164         4. Reduction in his or her salary level.
  165         5. Forfeiture of no more than one-third salary per month
  166  for no more than 12 months.
  167         6. A civil penalty not to exceed $10,000.
  168         7. Restitution of any pecuniary benefits received because
  169  of the violation committed. The commission may recommend that
  170  the restitution penalty be paid to the agency by which the
  171  public employee was employed, or of which the officer was deemed
  172  to be an employee, or to the General Revenue Fund.
  173         8. Public censure and reprimand.
  174         (c) In the case of a candidate who violates this part or s.
  175  8(a) and (i), Art. II of the State Constitution:
  176         1. Disqualification from being on the ballot.
  177         2. Public censure.
  178         3. Reprimand.
  179         4. A civil penalty not to exceed $10,000.
  180         (d) In the case of a former public officer or employee who
  181  has violated a provision applicable to former officers or
  182  employees or whose violation occurred before the officer’s or
  183  employee’s leaving public office or employment:
  184         1. Public censure and reprimand.
  185         2. A civil penalty not to exceed $10,000.
  186         3. Restitution of any pecuniary benefits received because
  187  of the violation committed. The commission may recommend that
  188  the restitution penalty be paid to the agency of the public
  189  officer or employee or to the General Revenue Fund.
  190         (e) In the case of a person who is subject to the standards
  191  of this part, other than a lobbyist or lobbying firm under s.
  192  112.3215 for a violation of s. 112.3215, but who is not a public
  193  officer or employee:
  194         1. Public censure and reprimand.
  195         2. A civil penalty not to exceed $10,000.
  196         3. Restitution of any pecuniary benefits received because
  197  of the violation committed. The commission may recommend that
  198  the restitution penalty be paid to the agency of the person or
  199  to the General Revenue Fund.
  200         (f) In the case of an individual who is required to
  201  register as a lobbyist under s. 11.045 or s. 112.3215 and who
  202  violates s. 112.3126:
  203         1. Public censure and reprimand.
  204         2. A civil penalty not to exceed $10,000.
  205         3. Prohibiting the violator from lobbying the legislative
  206  and executive branches for a specified period.
  207         (2) In any case in which the commission finds a violation
  208  of this part or of s. 8, Art. II of the State Constitution and
  209  the proper disciplinary official or body under s. 112.324
  210  imposes a civil penalty or restitution penalty, the Attorney
  211  General shall bring a civil action to recover such penalty. No
  212  defense may be raised in the civil action to enforce the civil
  213  penalty or order of restitution that could have been raised by
  214  judicial review of the administrative findings and
  215  recommendations of the commission by certiorari to the district
  216  court of appeal. The Attorney General shall collect any costs,
  217  attorney fees, expert witness fees, or other costs of collection
  218  incurred in bringing the action.
  219         (3) The penalties prescribed in this part shall not be
  220  construed to limit or to conflict with:
  221         (a) The power of either house of the Legislature to
  222  discipline its own members or impeach a public officer.
  223         (b) The power of agencies to discipline officers or
  224  employees.
  225         (4) Any violation of this part or of s. 8, Art. II of the
  226  State Constitution by a public officer constitutes malfeasance,
  227  misfeasance, or neglect of duty in office within the meaning of
  228  s. 7, Art. IV of the State Constitution.
  229         (5) By order of the Governor, upon recommendation of the
  230  commission, any elected municipal officer who violates this part
  231  or s. 8, Art. II of the State Constitution may be suspended from
  232  office and the office filled by appointment for the period of
  233  suspension. The suspended officer may at any time before removal
  234  be reinstated by the Governor. The Senate may, in proceedings
  235  prescribed by law, remove from office, or reinstate, the
  236  suspended official, and for such purpose the Senate may be
  237  convened in special session by its President or by a majority of
  238  its membership.
  239         (6) In any case in which the commission finds probable
  240  cause to believe that a complainant has committed perjury in
  241  regard to any document filed with, or any testimony given
  242  before, the commission, it shall refer such evidence to the
  243  appropriate law enforcement agency for prosecution and taxation
  244  of costs.
  245         (7) In any case in which the commission determines that a
  246  person has filed a complaint against a public officer or
  247  employee with a malicious intent to injure the reputation of
  248  such officer or employee by filing the complaint with knowledge
  249  that the complaint contains one or more false allegations or
  250  with reckless disregard for whether the complaint contains false
  251  allegations of fact material to a violation of this part, the
  252  complainant shall be liable for costs plus reasonable attorney
  253  fees incurred in the defense of the person complained against,
  254  including the costs and reasonable attorney fees incurred in
  255  proving entitlement to and the amount of costs and fees. If the
  256  complainant fails to pay such costs and fees voluntarily within
  257  30 days following such finding by the commission, the commission
  258  shall forward such information to the Department of Legal
  259  Affairs, which shall bring a civil action in a court of
  260  competent jurisdiction to recover the amount of such costs and
  261  fees awarded by the commission.
  262         Section 4. Present paragraphs (f) and (g) of subsection (2)
  263  of section 112.324, Florida Statutes, are redesignated as
  264  paragraphs (g) and (h), respectively, a new paragraph (f) is
  265  added to that subsection, and subsection (8) of that section is
  266  amended, to read:
  267         112.324 Procedures on complaints of violations and
  268  referrals; public records and meeting exemptions.—
  269         (2)
  270         (f) The personal identifying information of an alleged
  271  victim of a violation of s. 112.3126 contained in a complaint or
  272  referral and all materials relating to the complaint or referral
  273  shall remain confidential and exempt from s. 119.07(1) and s.
  274  24(a), Art. I of the State Constitution as provided under s.
  275  119.071(2)(n).
  276         (8) If, in cases other than complaints or referrals against
  277  impeachable officers or members of the Legislature, upon
  278  completion of a full and final investigation by the commission,
  279  the commission finds that there has been a violation of this
  280  part or of s. 8, Art. II of the State Constitution, it is the
  281  duty of the commission to report its findings and recommend
  282  appropriate action to the proper disciplinary official or body
  283  as follows, and such official or body has the power to invoke
  284  the penalty provisions of this part, including the power to
  285  order the appropriate elections official to remove a candidate
  286  from the ballot for a violation of s. 112.3145 or s. 8(a) and
  287  (i), Art. II of the State Constitution:
  288         (a) The President of the Senate and the Speaker of the
  289  House of Representatives, jointly, in any case concerning the
  290  Public Counsel, members of the Public Service Commission,
  291  members of the Public Service Commission Nominating Council, the
  292  Auditor General, or the director of the Office of Program Policy
  293  Analysis and Government Accountability, or a person who is
  294  required to register as a lobbyist under s. 11.045 for
  295  violations of s. 112.3126.
  296         (b) The Supreme Court, in any case concerning an employee
  297  of the judicial branch.
  298         (c) The President of the Senate, in any case concerning an
  299  employee of the Senate; the Speaker of the House of
  300  Representatives, in any case concerning an employee of the House
  301  of Representatives; or the President and the Speaker, jointly,
  302  in any case concerning an employee of a committee of the
  303  Legislature whose members are appointed solely by the President
  304  and the Speaker or in any case concerning an employee of the
  305  Public Counsel, Public Service Commission, Auditor General, or
  306  Office of Program Policy Analysis and Government Accountability.
  307         (d) The Governor and the Cabinet, in any case concerning a
  308  person who is required to register as a lobbyist under s.
  309  112.3215 for violations of s. 112.3126.
  310         (e) Except as otherwise provided by this part, the
  311  Governor, in the case of any other public officer, public
  312  employee, former public officer or public employee, candidate or
  313  former candidate, or person who is not a public officer or
  314  employee, other than lobbyists and lobbying firms under s.
  315  112.3215 for violations of s. 112.3215.
  316         (f)(e) The President of the Senate or the Speaker of the
  317  House of Representatives, whichever is applicable, in any case
  318  concerning a former member of the Legislature who has violated a
  319  provision applicable to former members or whose violation
  320  occurred while a member of the Legislature.
  321         Section 5. This act shall take effect upon becoming a law.