Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1372
       
       
       
       
       
       
                                Ì533978`Î533978                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Joyner) recommended the following:
       
    1         Senate Substitute for Amendment (381578) (with title
    2  amendment)
    3  
    4         Delete lines 408 - 744
    5  and insert:
    6         Section 6. Section 112.3261, Florida Statutes, is amended
    7  to read:
    8         112.3261 Lobbying before governmental entities water
    9  management districts; registration and reporting.—
   10         (1) As used in this section, the term:
   11         (a) “Governmental entity” or “entity” “District” means a
   12  water management district created in s. 373.069 and operating
   13  under the authority of chapter 373, a hospital district, a
   14  children’s services district, an expressway authority as the
   15  term “authority” is defined in s. 348.0002, the term “port
   16  authority” as defined in s. 315.02, a county or municipality
   17  that has not adopted lobbyist registration and reporting
   18  requirements, or an independent special district with annual
   19  revenues of more than $5 million which exercises ad valorem
   20  taxing authority.
   21         (b) “Lobbies” means seeking, on behalf of another person,
   22  to influence a governmental entity district with respect to a
   23  decision of the entity district in an area of policy or
   24  procurement or an attempt to obtain the goodwill of an a
   25  district official or employee of a governmental entity. The term
   26  “lobbies” shall be interpreted and applied consistently with the
   27  rules of the commission implementing s. 112.3215.
   28         (c) “Lobbyist” has the same meaning as provided in s.
   29  112.3215.
   30         (d) “Principal” has the same meaning as provided in s.
   31  112.3215.
   32         (2) A person may not lobby a governmental entity district
   33  until such person has registered as a lobbyist with that entity
   34  district. Such registration shall be due upon initially being
   35  retained to lobby and is renewable on a calendar-year basis
   36  thereafter. Upon registration, the person shall provide a
   37  statement signed by the principal or principal’s representative
   38  stating that the registrant is authorized to represent the
   39  principal. The principal shall also identify and designate its
   40  main business on the statement authorizing that lobbyist
   41  pursuant to a classification system approved by the governmental
   42  entity district. Any changes to the information required by this
   43  section must be disclosed within 15 days by filing a new
   44  registration form. The registration form shall require each
   45  lobbyist to disclose, under oath, the following:
   46         (a) The lobbyist’s name and business address.
   47         (b) The name and business address of each principal
   48  represented.
   49         (c) The existence of any direct or indirect business
   50  association, partnership, or financial relationship with an
   51  official any officer or employee of a governmental entity
   52  district with which he or she lobbies or intends to lobby.
   53         (d) A governmental entity shall create a lobbyist
   54  registration form modeled after the In lieu of creating its own
   55  lobbyist registration forms, a district may accept a completed
   56  legislative branch or executive branch lobbyist registration
   57  form, which must be returned to the governmental entity.
   58         (3) A governmental entity district shall make lobbyist
   59  registrations available to the public. If a governmental entity
   60  district maintains a website, a database of currently registered
   61  lobbyists and principals must be available on the entity’s
   62  district’s website.
   63         (4) A lobbyist shall promptly send a written statement to
   64  the governmental entity district canceling the registration for
   65  a principal upon termination of the lobbyist’s representation of
   66  that principal. A governmental entity district may remove the
   67  name of a lobbyist from the list of registered lobbyists if the
   68  principal notifies the entity district that a person is no
   69  longer authorized to represent that principal.
   70         (5) A governmental entity district may establish an annual
   71  lobbyist registration fee, not to exceed $40, for each principal
   72  represented. The governmental entity district may use
   73  registration fees only to administer this section.
   74         (6) A governmental entity district shall be diligent to
   75  ascertain whether persons required to register pursuant to this
   76  section have complied. A governmental entity district may not
   77  knowingly authorize a person who is not registered pursuant to
   78  this section to lobby the entity district.
   79         (7) Upon receipt of a sworn complaint alleging that a
   80  lobbyist or principal has failed to register with a governmental
   81  entity district or has knowingly submitted false information in
   82  a report or registration required under this section, the
   83  commission shall investigate a lobbyist or principal pursuant to
   84  the procedures established under s. 112.324. The commission
   85  shall provide the Governor with a report of its findings and
   86  recommendations in any investigation conducted pursuant to this
   87  subsection. The Governor is authorized to enforce the
   88  commission’s findings and recommendations.
   89         (8) A governmental entity Water management districts may
   90  adopt rules to establish procedures to govern the registration
   91  of lobbyists, including the adoption of forms and the
   92  establishment of a lobbyist registration fee.
   93         Section 7. Paragraph (c) of subsection (3) of section
   94  129.03, Florida Statutes, is amended to read:
   95         129.03 Preparation and adoption of budget.—
   96         (3) The county budget officer, after tentatively
   97  ascertaining the proposed fiscal policies of the board for the
   98  next fiscal year, shall prepare and present to the board a
   99  tentative budget for the next fiscal year for each of the funds
  100  provided in this chapter, including all estimated receipts,
  101  taxes to be levied, and balances expected to be brought forward
  102  and all estimated expenditures, reserves, and balances to be
  103  carried over at the end of the year.
  104         (c) The board shall hold public hearings to adopt tentative
  105  and final budgets pursuant to s. 200.065. The hearings shall be
  106  primarily for the purpose of hearing requests and complaints
  107  from the public regarding the budgets and the proposed tax
  108  levies and for explaining the budget and any proposed or adopted
  109  amendments. The tentative budget must be posted on the county’s
  110  official website at least 2 days before the public hearing to
  111  consider such budget and must remain on the website for at least
  112  45 days. The final budget must be posted on the website within
  113  30 days after adoption and must remain on the website for at
  114  least 2 years. The tentative budgets, adopted tentative budgets,
  115  and final budgets shall be filed in the office of the county
  116  auditor as a public record. Sufficient reference in words and
  117  figures to identify the particular transactions shall be made in
  118  the minutes of the board to record its actions with reference to
  119  the budgets.
  120         Section 8. Paragraph (f) of subsection (2) of section
  121  129.06, Florida Statutes, is amended to read:
  122         129.06 Execution and amendment of budget.—
  123         (2) The board at any time within a fiscal year may amend a
  124  budget for that year, and may within the first 60 days of a
  125  fiscal year amend the budget for the prior fiscal year, as
  126  follows:
  127         (f) Unless otherwise prohibited by law, if an amendment to
  128  a budget is required for a purpose not specifically authorized
  129  in paragraphs (a)-(e), the amendment may be authorized by
  130  resolution or ordinance of the board of county commissioners
  131  adopted following a public hearing.
  132         1. The public hearing must be advertised at least 2 days,
  133  but not more than 5 days, before the date of the hearing. The
  134  advertisement must appear in a newspaper of paid general
  135  circulation and must identify the name of the taxing authority,
  136  the date, place, and time of the hearing, and the purpose of the
  137  hearing. The advertisement must also identify each budgetary
  138  fund to be amended, the source of the funds, the use of the
  139  funds, and the total amount of each fund’s appropriations.
  140         2. If the board amends the budget pursuant to this
  141  paragraph, the adopted amendment must be posted on the county’s
  142  official website within 5 days after adoption and must remain on
  143  the website for at least 2 years.
  144         Section 9. Subsections (3) and (5) of section 166.241,
  145  Florida Statutes, are amended to read:
  146         166.241 Fiscal years, budgets, and budget amendments.—
  147         (3) The tentative budget must be posted on the
  148  municipality’s official website at least 2 days before the
  149  budget hearing, held pursuant to s. 200.065 or other law, to
  150  consider such budget, and must remain on the website for at
  151  least 45 days. The final adopted budget must be posted on the
  152  municipality’s official website within 30 days after adoption
  153  and must remain on the website for at least 2 years. If the
  154  municipality does not operate an official website, the
  155  municipality must, within a reasonable period of time as
  156  established by the county or counties in which the municipality
  157  is located, transmit the tentative budget and final budget to
  158  the manager or administrator of such county or counties who
  159  shall post the budgets on the county’s website.
  160         (5) If the governing body of a municipality amends the
  161  budget pursuant to paragraph (4)(c), the adopted amendment must
  162  be posted on the official website of the municipality within 5
  163  days after adoption and must remain on the website for at least
  164  2 years. If the municipality does not operate an official
  165  website, the municipality must, within a reasonable period of
  166  time as established by the county or counties in which the
  167  municipality is located, transmit the adopted amendment to the
  168  manager or administrator of such county or counties who shall
  169  post the adopted amendment on the county’s website.
  170         Section 10. Subsections (4) and (7) of section 189.016,
  171  Florida Statutes, are amended to read:
  172         189.016 Reports; budgets; audits.—
  173         (4) The tentative budget must be posted on the special
  174  district’s official website at least 2 days before the budget
  175  hearing, held pursuant to s. 200.065 or other law, to consider
  176  such budget, and must remain on the website for at least 45
  177  days. The final adopted budget must be posted on the special
  178  district’s official website within 30 days after adoption and
  179  must remain on the website for at least 2 years. If the special
  180  district does not operate an official website, the special
  181  district must, within a reasonable period of time as established
  182  by the local general-purpose government or governments in which
  183  the special district is located or the local governing authority
  184  to which the district is dependent, transmit the tentative
  185  budget or final budget to the manager or administrator of the
  186  local general-purpose government or the local governing
  187  authority. The manager or administrator shall post the tentative
  188  budget or final budget on the website of the local general
  189  purpose government or governing authority. This subsection and
  190  subsection (3) do not apply to water management districts as
  191  defined in s. 373.019.
  192         (7) If the governing body of a special district amends the
  193  budget pursuant to paragraph (6)(c), the adopted amendment must
  194  be posted on the official website of the special district within
  195  5 days after adoption and must remain on the website for at
  196  least 2 years. If the special district does not operate an
  197  official website, the special district must, within a reasonable
  198  period of time as established by the local general-purpose
  199  government or governments in which the special district is
  200  located or the local governing authority to which the district
  201  is dependent, transmit the adopted amendment to the manager or
  202  administrator of the local general-purpose government or
  203  governing authority. The manager or administrator shall post the
  204  adopted amendment on the website of the local general-purpose
  205  government or governing authority.
  206         Section 11. Present subsection (1) of section 215.425,
  207  Florida Statutes, is redesignated as subsection (2), present
  208  subsection (2) and paragraph (a) of subsection (4) are amended,
  209  and a new subsection (1) and subsections (6) through (12) are
  210  added to that section, to read:
  211         215.425 Extra compensation claims prohibited; bonuses;
  212  severance pay.—
  213         (1) As used in this section, the term “public funds” means
  214  any taxes, tuition, state grants, fines, fees, or other charges
  215  or any other type of revenue collected by the state or any
  216  county, municipality, special district, school district, Florida
  217  College System institution, state university, or other separate
  218  unit of government created pursuant to law, including any
  219  office, department, agency, division, subdivision, political
  220  subdivision, board, bureau, or commission of such entities.
  221  However, the term does not include the following:
  222         (a) For state universities, revenues received by, through,
  223  or from faculty practice plans, health services support
  224  organizations, hospitals with which state universities are
  225  affiliated, direct-support organizations, or federal, auxiliary,
  226  or private sources, except for tuition;
  227         (b) For public hospitals, special districts, and Florida
  228  College System institutions, revenues and fees received from
  229  non-state appropriated sources or other general non-tax
  230  revenues; or
  231         (c) A clothing and maintenance allowance given to
  232  plainclothes deputies pursuant to s. 30.49.
  233         (2) This section does not apply to:
  234         (a) A bonus or severance pay that is paid wholly from
  235  nontax revenues and nonstate-appropriated funds, the payment and
  236  receipt of which does not otherwise violate part III of chapter
  237  112, and which is paid to an officer, agent, employee, or
  238  contractor of a public hospital that is operated by a county or
  239  a special district; or
  240         (b) A clothing and maintenance allowance given to
  241  plainclothes deputies pursuant to s. 30.49.
  242         (4)(a) On or after July 1, 2011, A unit of government, on
  243  or after July 1, 2011, or a state university, on or after July
  244  1, 2012, that is a party to enters into a contract or employment
  245  agreement, or renewal or renegotiation of an existing contract
  246  or employment agreement, that contains a provision for severance
  247  pay with an officer, agent, employee, or contractor must include
  248  the following provisions in the contract:
  249         1. A requirement that severance pay paid from public funds
  250  provided may not exceed an amount greater than 20 weeks of
  251  compensation.
  252         2. A prohibition of provision of severance pay paid from
  253  public funds when the officer, agent, employee, or contractor
  254  has been fired for misconduct, as defined in s. 443.036(29), by
  255  the unit of government.
  256         (6) Upon discovery or notification that a unit of
  257  government has provided prohibited compensation to any officer,
  258  agent, employee, or contractor in violation of this section,
  259  such unit of government shall investigate and take all necessary
  260  action to recover the prohibited compensation.
  261         (a) If the violation was unintentional, the unit of
  262  government shall recover the prohibited compensation from the
  263  individual receiving the prohibited compensation through normal
  264  recovery methods for overpayments.
  265         (b) If the violation was willful, the unit of government
  266  shall recover the prohibited compensation from either the
  267  individual receiving the prohibited compensation or the
  268  individual or individuals responsible for approving the
  269  prohibited compensation. Each individual determined to have
  270  willfully violated this section is jointly and severally liable
  271  for repayment of the prohibited compensation.
  272         (7) A person who willfully violates this section commits a
  273  misdemeanor of the first degree, punishable as provided in s.
  274  775.082 or s. 775.083.
  275         (8) An officer who exercises the powers and duties of a
  276  state or county officer and willfully violates this section is
  277  subject to the Governor’s power under s. 7(a), Art. IV of the
  278  State Constitution. An officer who exercises powers and duties
  279  other than those of a state or county officer and willfully
  280  violates this section is subject to the suspension and removal
  281  procedures under s. 112.51.
  282         (9)(a) A person who reports a violation of this section is
  283  eligible for a reward of at least $500, or the lesser of 10
  284  percent of the funds recovered or $10,000 per incident of a
  285  prohibited compensation payment recovered by the unit of
  286  government, depending upon the extent to which the person
  287  substantially contributed to the discovery, notification, and
  288  recovery of such prohibited payment.
  289         (b) In the event that the recovery of the prohibited
  290  compensation is based primarily on disclosures of specific
  291  information, other than information provided by such person,
  292  relating to allegations or transactions in a criminal, civil, or
  293  administrative hearing; in a legislative, administrative,
  294  inspector general, or other government report; in an auditor
  295  general report, hearing, audit, or investigation; or from the
  296  news media, such person is not eligible for a reward or for an
  297  award of a portion of the proceeds or payment of attorney fees
  298  and costs pursuant to s. 68.085.
  299         (c) If it is determined that the person who reported a
  300  violation of this section was involved in the authorization,
  301  approval, or receipt of the prohibited compensation or is
  302  convicted of criminal conduct arising from his or her role in
  303  the authorization, approval, or receipt of the prohibited
  304  compensation, such person is not eligible for a reward or for an
  305  award of a portion of the proceeds or payment of attorney fees
  306  and costs pursuant to s. 68.085.
  307         (10) An employee who is discharged, demoted, suspended,
  308  threatened, harassed, or in any manner discriminated against in
  309  the terms and conditions of employment by his or her employer
  310  because of lawful acts done by the employee on behalf of the
  311  employee or others in furtherance of an action under this
  312  section, including investigation for initiation of, testimony
  313  for, or assistance in an action filed or to be filed under this
  314  section, has a cause of action under s. 112.3187.
  315         (11) If the unit of government fails to recover prohibited
  316  compensation for a willful violation of this section upon
  317  discovery and notification of such prohibited payment within 90
  318  days, a cause of action may be brought to:
  319         (a) Recover state funds in accordance with ss. 68.082 and
  320  68.083.
  321         (b) Recover other funds by the Department of Legal Affairs
  322  using the procedures set forth in ss. 68.082 and 68.083, except
  323  that venue shall lie in the circuit court of the county in which
  324  the unit of government is located.
  325         (c) Recover other funds by a person using the procedures
  326  set forth in ss. 68.082 and 68.083, except that venue shall lie
  327  in the circuit court of the county in which the unit of
  328  government is located.
  329         (12) Subsections (7)-(11) apply prospectively to contracts
  330  or employment agreements, or the renewal or renegotiation of an
  331  existing contract or employment agreement, effective on or after
  332  July 1, 2015.
  333  
  334  ================= T I T L E  A M E N D M E N T ================
  335  And the title is amended as follows:
  336         Delete lines 30 - 58
  337  and insert:
  338         interests to include school districts; amending s.
  339         112.3261, F.S.; revising terms to conform to changes
  340         made by the act; expanding the types of governmental
  341         entities that are subject to lobbyist registration
  342         requirements; requiring a governmental entity to
  343         create a lobbyist registration form; amending ss.
  344         129.03, 129.06, 166.241, and 189.016, F.S.; requiring
  345         counties, municipalities, and special districts to
  346         maintain certain budget documents on the entities’
  347         websites for a specified period; amending s. 215.425,
  348         F.S.; defining the term “public funds”; requiring
  349         certain contracts to which a unit of government or
  350         state university is a party during a specified period
  351         to contain certain prohibitions on severance pay;
  352         requiring a unit of government to investigate and take
  353         necessary action to recover prohibited compensation;
  354         specifying methods of recovery and liability for
  355         unintentional and willful violations; providing a
  356         penalty; specifying applicability of procedures
  357         regarding suspension and removal of an officer who
  358         commits a willful violation; establishing eligibility
  359         criteria and amounts for rewards; specifying
  360         circumstances under which an employee has a cause of
  361         action under the Whistle-blower’s Act; establishing
  362         causes of action if a unit of government fails to
  363         recover prohibited compensation within a certain
  364         timeframe; providing applicability;