Florida Senate - 2019                                    SB 1702
       By Senator Baxley
       12-01451-19                                           20191702__
    1                        A bill to be entitled                      
    2         An act relating to ethics reform; repealing s. 11.061,
    3         F.S., relating to state, state university, and
    4         community college employee lobbyists; creating s.
    5         106.114, F.S.; providing definitions; prohibiting
    6         certain public service announcements by specified
    7         governmental entities, persons acting on behalf of
    8         such entities, and elected officials; providing
    9         applicability; amending s. 112.313, F.S.; revising
   10         applicability of certain provisions relating to
   11         conflicting employment and contractual relationships;
   12         prohibiting public officers or employees of an agency
   13         from soliciting specified employment or contractual
   14         relationships; requiring certain offers and
   15         solicitations of employment or contractual
   16         relationships to be disclosed to certain persons;
   17         requiring such solicitations to be disclosed to the
   18         Commission on Ethics in certain circumstances;
   19         authorizing the commission to investigate such
   20         disclosures; prohibiting specified persons from
   21         receiving certain compensated representation for a
   22         specified period following vacation of office;
   23         deleting certain exceptions from postemployment
   24         restrictions; providing applicability; creating s.
   25         112.3181, F.S.; prohibiting statewide elected officers
   26         and legislators from soliciting employment offers or
   27         investment advice arising out of official or political
   28         activities; providing exceptions; prohibiting such
   29         officers or legislators from soliciting or accepting
   30         investment advice from or soliciting or entering into
   31         certain profitmaking relationships with or advised by
   32         lobbyists or principals; providing definitions;
   33         requiring lobbyists and principals to disclose certain
   34         prohibited solicitations to the commission;
   35         authorizing the commission to investigate such
   36         disclosures; providing disclosure requirements for
   37         reporting certain employment; requiring the commission
   38         to publish disclosures on its website; authorizing the
   39         commission to adopt rules; amending s. 112.3185, F.S.;
   40         providing definitions; prohibiting certain officers
   41         and employees from soliciting employment or
   42         contractual relationships from or negotiating
   43         employment or contractual relationships with certain
   44         employers; providing exceptions; requiring disclosure
   45         of certain offers of employment or contractual
   46         relationships; providing applicability; amending s.
   47         112.3215, F.S., and reenacting subsection (15);
   48         revising definitions; requiring executive branch
   49         lobbyists to electronically register with the
   50         commission; revising lobbyist registration,
   51         compensation report, principal designation
   52         cancellation, and investigation requirements; revising
   53         lobbyist registration fees; authorizing the commission
   54         to dismiss certain complaints and investigations;
   55         amending s. 420.5061, F.S.; conforming a provision;
   56         providing an effective date.
   58  Be It Enacted by the Legislature of the State of Florida:
   60         Section 1. Section 11.061, Florida Statutes, is repealed.
   61         Section 2. Section 106.114, Florida Statutes, is created to
   62  read:
   63         106.114Elected official advertising.—
   64         (1)As used in this section, the term:
   65         (a)“Governmental entity” means any executive, judicial, or
   66  quasi-judicial department; state university; community college;
   67  water management district; or political subdivision.
   68         (b)“Public service announcement” means any message
   69  communicated by radio, television, electronic communication, or
   70  billboard which promotes or announces an issue of public
   71  importance, concern, or welfare.
   72         (2)A governmental entity, a person acting on behalf of a
   73  governmental entity, or an elected official may not use or
   74  authorize the use of an elected official’s name, image,
   75  likeness, official uniform, badge, or other symbol of office in
   76  a public service announcement beginning on the date that the
   77  elected official qualifies as a candidate, pursuant to s. 99.061
   78  or other applicable law, for reelection or election to another
   79  public office and ending on the day after the election for which
   80  the elected official qualified as a candidate if such
   81  announcement is paid for with public funds or if the time or
   82  space for such announcement is donated by the media. This
   83  subsection does not apply to charitable events held by an
   84  organization with tax-exempt status under s. 501(c)(3) of the
   85  Internal Revenue Code or bona fide news events, such as press
   86  conferences or public debates broadcast by a licensed
   87  broadcaster.
   88         Section 3. Subsections (7), (9), and (15) of section
   89  112.313, Florida Statutes, are amended to read:
   90         112.313 Standards of conduct for public officers, employees
   91  of agencies, and local government attorneys.—
   93         (a) A No public officer or employee of an agency may not
   94  shall have or hold any employment or contractual relationship
   95  with any business entity or any agency that which is subject to
   96  the regulation of, or is doing business with, the officer’s or
   97  employee’s an agency. This paragraph does not apply to of which
   98  he or she is an officer or employee, excluding those
   99  organizations and their officers who, when acting in their
  100  official capacity, enter into or negotiate a collective
  101  bargaining contract with the state or any municipality, county,
  102  or other political subdivision of the state. Such; nor shall an
  103  officer or employee also may not of an agency have or hold any
  104  employment or contractual relationship that will create a
  105  continuing or frequently recurring conflict between his or her
  106  private interests and the performance of his or her public
  107  duties or that would impede the full and faithful discharge of
  108  his or her public duties.
  109         1. When the agency referred to is a that certain kind of
  110  special tax district created by general or special law and is
  111  limited specifically to constructing, maintaining, managing, and
  112  financing improvements in the land area over which the agency
  113  has jurisdiction, or when the agency has been organized pursuant
  114  to chapter 298, then employment with, or entering into a
  115  contractual relationship with, such a business entity by a
  116  public officer or employee of such an agency is shall not be
  117  prohibited by this subsection or be deemed a conflict per se.
  118  However, conduct by such officer or employee that is prohibited
  119  by, or otherwise frustrates the intent of, this section must
  120  shall be deemed a conflict of interest in violation of the
  121  standards of conduct set forth by this section.
  122         2. When the agency referred to is a legislative body and
  123  the regulatory power over the business entity resides in another
  124  agency, or when the regulatory power that which the legislative
  125  body exercises over the business entity or agency is strictly
  126  through the enactment of laws or ordinances, then employment
  127  with, or entering into a contractual relationship with, such a
  128  business entity by a public officer or employee of such a
  129  legislative body is shall not be prohibited by this subsection
  130  or be deemed a conflict based on the regulatory power of the
  131  legislative body, unless prohibited by or deemed a conflict by
  132  another law.
  133         (b) This subsection does shall not prohibit a public
  134  officer or employee from practicing in a particular profession
  135  or occupation when such practice by persons holding such public
  136  office or employment is required or permitted by law or
  137  ordinance.
  138         (c)A public officer or an employee of an agency may not
  139  solicit any employment or contractual relationship prohibited by
  140  this subsection.
  141         (d)A public officer or an employee of an agency shall
  142  disclose to the head of his or her agency, the general counsel
  143  or inspector general of his or her agency, or any other officer
  144  or attorney designated by the head of his or her agency any
  145  offer of employment or contractual relationship that is
  146  prohibited by this subsection.
  147         (e)If a public officer or an employee of an agency, or a
  148  person acting on his or her behalf, solicits employment with any
  149  business entity or any agency that is subject to the regulation
  150  of, or is doing business with, the officer’s or employer’s
  151  agency in violation of paragraph (c), the solicited business
  152  entity or agency must disclose such solicitation to the head of
  153  the officer’s or employee’s agency. If such solicitation is by
  154  or on behalf of the head of the agency or a member of a body
  155  that is the head of the agency, the solicited business entity or
  156  agency must disclose such solicitation to the commission. The
  157  commission may investigate such disclosure as if it were a valid
  158  complaint under this part.
  161         (a)1. It is the intent of the Legislature to implement by
  162  statute the provisions of s. 8(e), Art. II of the State
  163  Constitution relating to legislators, statewide elected
  164  officers, appointed state officers, and designated public
  165  employees.
  166         2. As used in this paragraph:
  167         a. “Employee” means:
  168         (I) Any person employed in the executive or legislative
  169  branch of government holding a position in the Senior Management
  170  Service as defined in s. 110.402 or any person holding a
  171  position in the Selected Exempt Service as defined in s. 110.602
  172  or any person having authority over policy or procurement
  173  employed by the Department of the Lottery.
  174         (II) The Auditor General, the director of the Office of
  175  Program Policy Analysis and Government Accountability, the
  176  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  177  at Arms and Clerk of the House of Representatives.
  178         (III) The executive director and deputy executive director
  179  of the Commission on Ethics.
  180         (IV) An executive director, staff director, or deputy staff
  181  director of each joint committee, standing committee, or select
  182  committee of the Legislature; an executive director, staff
  183  director, executive assistant, analyst, or attorney of the
  184  Office of the President of the Senate, the Office of the Speaker
  185  of the House of Representatives, the Senate Majority Party
  186  Office, Senate Minority Party Office, House Majority Party
  187  Office, or House Minority Party Office; or any person, hired on
  188  a contractual basis, having the power normally conferred upon
  189  such persons, by whatever title.
  190         (V) The Chancellor and Vice Chancellors of the State
  191  University System; the general counsel to the Board of Governors
  192  of the State University System; and the president, provost, vice
  193  presidents, and deans of each state university.
  194         (VI) Any person, including an other-personal-services
  195  employee, having the power normally conferred upon the positions
  196  referenced in this sub-subparagraph.
  197         b. “Appointed state officer” means any member of an
  198  appointive board, commission, committee, council, or authority
  199  of the executive or legislative branch of state government whose
  200  powers, jurisdiction, and authority are not solely advisory and
  201  include the final determination or adjudication of any personal
  202  or property rights, duties, or obligations, other than those
  203  relative to its internal operations.
  204         c. “State agency” means an entity of the legislative,
  205  executive, or judicial branch of state government over which the
  206  Legislature exercises plenary budgetary and statutory control.
  207         3.a. No member of the Legislature, appointed state officer,
  208  or statewide elected officer shall personally represent another
  209  person or entity for compensation before the government body or
  210  agency of which the individual was an officer or member for a
  211  period of 2 years following vacation of office. No member of the
  212  Legislature shall personally represent another person or entity
  213  for compensation during his or her term of office before any
  214  state agency other than judicial tribunals or in settlement
  215  negotiations after the filing of a lawsuit.
  216         b. For a period of 2 years following vacation of office, a
  217  former member of the Legislature may not act as a lobbyist for
  218  compensation before an executive branch agency, agency official,
  219  or employee. The terms used in this sub-subparagraph have the
  220  same meanings as provided in s. 112.3215.
  221         4. An agency employee, including an agency employee who was
  222  employed on July 1, 2001, in a Career Service System position
  223  that was transferred to the Selected Exempt Service System under
  224  chapter 2001-43, Laws of Florida, may not personally represent
  225  another person or entity for compensation before the agency with
  226  which he or she was employed for a period of 2 years following
  227  vacation of position, except when unless employed by and
  228  representing another state agency of state government.
  229         5. Any person violating this paragraph is shall be subject
  230  to the penalties provided in s. 112.317 and a civil penalty of
  231  an amount equal to the compensation which the person receives
  232  for the prohibited conduct.
  233         6.This paragraph is not applicable to:
  234         a.A person employed by the Legislature or other agency
  235  prior to July 1, 1989;
  236         b.A person who was employed by the Legislature or other
  237  agency on July 1, 1989, whether or not the person was a defined
  238  employee on July 1, 1989;
  239         c.A person who was a defined employee of the State
  240  University System or the Public Service Commission who held such
  241  employment on December 31, 1994;
  242         d.A person who has reached normal retirement age as
  243  defined in s. 121.021(29), and who has retired under the
  244  provisions of chapter 121 by July 1, 1991; or
  245         e.Any appointed state officer whose term of office began
  246  before January 1, 1995, unless reappointed to that office on or
  247  after January 1, 1995.
  248         (b) In addition to the provisions of this part which are
  249  applicable to legislators and legislative employees by virtue of
  250  their being public officers or employees, the conduct of members
  251  of the Legislature and legislative employees shall be governed
  252  by the ethical standards provided in the respective rules of the
  253  Senate or House of Representatives which are not in conflict
  254  herewith.
  255         (15) ADDITIONAL EXEMPTION.—
  256         (a) An No elected public officer may not shall be held in
  257  violation of subsection (7) if the officer maintains an
  258  employment relationship with an entity which is currently a tax
  259  exempt organization under s. 501(c) of the Internal Revenue Code
  260  and which contracts with or otherwise enters into a business
  261  relationship with the officer’s agency and:
  262         1.(a) The officer’s employment is not directly or
  263  indirectly compensated as a result of such contract or business
  264  relationship;
  265         2.(b) The officer has in no way participated in the
  266  agency’s decision to contract or to enter into the business
  267  relationship with his or her employer, whether by participating
  268  in discussion at the meeting, by communicating with officers or
  269  employees of the agency, or otherwise; and
  270         3.(c) The officer abstains from voting on any matter which
  271  may come before the agency involving the officer’s employer,
  272  publicly states to the assembly the nature of the officer’s
  273  interest in the matter from which he or she is abstaining, and
  274  files a written memorandum as provided in s. 112.3143.
  275         (b)This subsection does not apply to an officer who begins
  276  his or her term of office on or after July 1, 2019.
  277         Section 4. Section 112.3181, Florida Statutes, is created
  278  to read:
  279         112.3181Additional standards for statewide elected
  280  officers and legislators.—
  281         (1)A statewide elected officer or member of the
  282  Legislature may not solicit an employment offer or investment
  283  advice arising out of official or political activities engaged
  284  in while he or she is an officer or a legislator or a candidate
  285  for such office, except under either of the following
  286  circumstances:
  287         (a)The officer or legislator may solicit or accept future
  288  employment, including professional partnerships, in the last 180
  289  days of his or her term of office if he or she is ineligible to
  290  run for reelection or has publicly announced, and filed a letter
  291  or other written notice with the qualifying officer with whom
  292  reelection qualification papers are filed, that he or she is not
  293  and does not intend to become a candidate for reelection.
  294         (b)The officer or legislator may solicit or accept
  295  employment from any prospective employer in a profession or an
  296  occupation in which he or she has formerly engaged, has been
  297  formally educated or trained, or is licensed unless such
  298  employment is prohibited by other general law.
  299         (2)A statewide elected officer or member of the
  300  Legislature may not solicit or accept investment advice from or
  301  solicit or enter into an investment, a joint venture, or other
  302  profitmaking relationship with a lobbyist or principal, as those
  303  terms are defined in s. 11.045 or s. 112.3215. However, the
  304  officer or legislator may buy or sell listed, publicly traded
  305  securities of a principal without the advice of a lobbyist or
  306  principal unless such action violates s. 112.313. For purposes
  307  of this section, the phrase “investment, joint venture, or other
  308  profitmaking relationship” does not include an employment
  309  relationship or any enterprise organized to employ or engage the
  310  personal services of individuals, including the officer or
  311  legislator. For purposes of this section, the terms “investment
  312  advice” and “profitmaking relationship” do not include a client
  313  relationship with a licensed investment broker, licensed
  314  investment advisor, or similarly licensed professional to whom
  315  the officer or legislator pays ordinary and reasonable fees for
  316  services, regardless of such broker’s, advisor’s, or
  317  professional’s status as a lobbyist’s principal or a nonlobbyist
  318  employee of such principal.
  319         (3)A lobbyist or principal who receives a solicitation
  320  prohibited by this section by or on behalf of a statewide
  321  elected officer or member of the Legislature must disclose such
  322  solicitation to the commission. Any other person who receives
  323  such solicitation may disclose such solicitation to the
  324  commission. The commission may investigate any disclosure under
  325  this subsection as if it were a valid complaint under this part.
  326         (4)(a)A statewide elected officer or member of the
  327  Legislature must file a written disclosure with the commission
  328  upon acceptance of the following:
  329         1.Any new employment with or increased compensation from
  330  an entity that receives state funds directly by appropriation;
  331         2.Any new employment with or increased compensation from
  332  an agency;
  333         3.Any new employment the offer of which arose out of
  334  official or political activities engaged in while he or she was
  335  a statewide elected officer, member of the Legislature, or
  336  candidate for such office; or
  337         4.Any new employment with or increased compensation from a
  338  lobbyist, principal of a lobbyist, or lobbying firm.
  339         (b)The disclosure must identify the applicable
  340  subparagraph of paragraph (a), the employer, position, salary or
  341  other compensation, and the effective date of employment or
  342  increased compensation. Such disclosure must be filed within 30
  343  days after he or she accepts the employment or increased
  344  compensation or before the effective date of employment or
  345  increased compensation, whichever date is earliest. With respect
  346  to employment or increased compensation accepted or effective
  347  between December 31, 2018, and July 1, 2019, the officer or
  348  legislator must file such disclosure within 30 days after July
  349  1, 2019. The commission shall publish such disclosures with the
  350  officer’s or legislator’s full financial disclosure on its
  351  website. The commission may adopt forms for disclosure and may
  352  adopt rules requiring electronic submission of the disclosure
  353  required by this subsection.
  354         Section 5. Present subsection (7) of section 112.3185,
  355  Florida Statutes, is renumbered as subsection (8), subsection
  356  (1) of that section is reordered and amended, present subsection
  357  (8) of that section is amended, and a new subsection (7) is
  358  added to that section, to read:
  359         112.3185 Additional standards for state officers and agency
  360  employees.—
  361         (1) For the purposes of this section, the term:
  362         (b)(a) “Contractual services” has the same meaning shall be
  363  defined as set forth in chapter 287.
  364         (a)(b) “Agency” means any state officer, department, board,
  365  commission, or council of the executive, legislative, or
  366  judicial branch of state government and includes the Public
  367  Service Commission.
  368         (c)“Covered officer” means a state officer who is serving
  369  in a position that is not an elective position. The term does
  370  not include a person who is appointed to fill an unexpired term
  371  of an elective office.
  372         (d)“Negotiate” or “negotiation” means a response to an
  373  offer or solicitation of an offer of an employment or a
  374  contractual relationship, including the submission of a resume,
  375  an application, or any other information demonstrating interest
  376  on the part of a prospective employee and interviewing or
  377  engaging in other communication intended to lead to an offer or
  378  acceptance of an employment or a contractual relationship.
  379         (e)“Reporting employee” means any agency employee who is a
  380  reporting individual or procurement employee, as those terms are
  381  defined in s. 112.3148.
  382         (f)“Restricted employer,” with respect to any state
  383  officer or agency employee, means any entity that does business
  384  with or is subject to regulation by an agency employing the
  385  covered officer or reporting employee and any person or entity
  386  from whom the covered officer or reporting employee may not
  387  solicit a gift under s. 112.3148(3).
  388         (g)“Subject to regulation by an agency” means subject to
  389  regulation by agency action as defined in s. 120.52(2) or its
  390  substantial equivalent. The term does not include regulatory
  391  power exercised strictly through the enactment of general laws.
  392         (7)A covered officer or reporting employee who is employed
  393  in such position on or after July 1, 2019, may not solicit an
  394  employment or contractual relationship from or negotiate an
  395  employment or contractual relationship with a restricted
  396  employer except as provided in this subsection.
  397         (a)A covered officer or reporting employee may solicit a
  398  future employment or contractual relationship from or negotiate
  399  a future employment or contractual relationship with a
  400  restricted employer within 90 days before the expiration of the
  401  officer’s term of office, if the officer does not seek
  402  reappointment, or within 90 days before the officer’s or
  403  employee’s termination or retirement date, if he or she provides
  404  notice of termination or retirement to the head of his or her
  405  agency, the general counsel or inspector general of his or her
  406  agency, or any other officer or attorney designated by the head
  407  of his or her agency.
  408         (b)If a covered officer or reporting employee has been
  409  notified by his or her appointing authority or employing agency
  410  that he or she will be discharged from office or dismissed or
  411  terminated from employment, he or she may solicit a future
  412  employment or contractual relationship from or negotiate a
  413  future employment or contractual relationship with a restricted
  414  employer at any time after such notice but not sooner than 180
  415  days before his or her employment is scheduled to end.
  416         (c)A covered officer or reporting employee must disclose
  417  to the head of his or her agency, the general counsel or
  418  inspector general of his or her agency, or any other officer or
  419  attorney designated by the head of his or her agency any offer
  420  from a restricted employer of an employment or a contractual
  421  relationship. After such disclosure, a covered officer or
  422  reporting employee may negotiate an employment or a contractual
  423  relationship with the restricted employer if expressly
  424  authorized by the head of his or her agency or the agency head’s
  425  authorized designee. Permission may be withheld only if the
  426  agency head or his or her authorized designee determines such
  427  negotiation poses an actual or a potential conflict with the
  428  interests of the state or the agency.
  429         (d)This subsection does not authorize any employment or
  430  contractual relationship solicitation otherwise prohibited by
  431  general law.
  432         (9)(8)Subsections (1) through (6) of this section do not
  433  apply is not applicable to any employee of the Public Service
  434  Commission who was so employed on or before December 31, 1994,
  435  unless so employed on or after July 1, 2019.
  436         Section 6. Paragraphs (a), (f), and (h) of subsection (1),
  437  subsections (3) and (4), paragraph (a) of subsection (5), and
  438  subsections (7) and (8) of section 112.3215, Florida Statutes,
  439  are amended, and subsection (15) of that section is reenacted,
  440  to read:
  441         112.3215 Lobbying before the executive branch or the
  442  Constitution Revision Commission; registration and reporting;
  443  investigation by commission.—
  444         (1) For the purposes of this section:
  445         (a) “Agency” means the Governor; the, Governor and
  446  Cabinet;, or any department, division, bureau, board,
  447  commission, or authority of the executive branch; the State
  448  Board of Education; or the Board of Governors of the State
  449  University System. The term also includes In addition, “agency”
  450  shall mean the Constitution Revision Commission as provided by
  451  s. 2, Art. XI of the State Constitution.
  452         (f) “Lobbying” “Lobbies” means seeking, on behalf of
  453  another person, to influence an agency with respect to a
  454  decision of the agency in the area of policy or procurement or
  455  an attempt to obtain the goodwill of an agency official or
  456  employee. The term “Lobbies” also means influencing or
  457  attempting to influence, on behalf of another, the Constitution
  458  Revision Commission’s action or nonaction through oral or
  459  written communication or an attempt to obtain the goodwill of a
  460  member or employee of the Constitution Revision Commission.
  461         (h) “Lobbyist” means a person who is employed and receives
  462  payment, or who contracts for economic consideration, for the
  463  purpose of lobbying, or a person who is principally employed for
  464  governmental affairs by another person or governmental entity to
  465  lobby on behalf of that other person or governmental entity. For
  466  purposes of this paragraph, the phrase “principally employed for
  467  governmental affairs” means that one of the principal or most
  468  significant responsibilities of the employee to the employer is
  469  overseeing the employer’s various relationships with government
  470  or representing the employer in its contacts with government.
  471  The term “Lobbyist” does not include a person who is:
  472         1. An attorney, or any person, who represents a client in a
  473  judicial proceeding or in a formal administrative proceeding
  474  conducted pursuant to chapter 120 or any other formal hearing
  475  before an agency, board, commission, or authority of this state.
  476         2. An officer or employee of an agency, or of a legislative
  477  or judicial branch entity, or a political subdivision of this
  478  state acting in the normal course of his or her office or
  479  duties.
  480         3. A confidential informant who is providing, or wishes to
  481  provide, confidential information to be used for law enforcement
  482  purposes.
  483         4. A person who seeks lobbies to procure a contract
  484  pursuant to chapter 287 which contract is less than the
  485  threshold for CATEGORY ONE as provided in s. 287.017.
  486         (3) A person may not lobby an agency until such person has
  487  electronically registered as a lobbyist with the commission.
  488  Such registration shall be due upon initially being retained to
  489  lobby and is renewable on a calendar year basis thereafter. The
  490  commission shall request authorization from the principal with
  491  the principal’s name, business address, e-mail address, and
  492  telephone number to confirm that the registrant is authorized to
  493  represent the principal Upon registration the person shall
  494  provide a statement signed by the principal or principal’s
  495  representative that the registrant is authorized to represent
  496  the principal. The principal or principal’s representative shall
  497  also identify and designate its main business pursuant to the
  498  North American Industry Classification System six-digit
  499  numerical code that most accurately describes the principal’s
  500  main business. Registration is not complete until the commission
  501  receives the principal’s authorization and the registration fee
  502  on the statement authorizing that lobbyist pursuant to a
  503  classification system approved by the commission. The
  504  registration shall require each lobbyist to attest to disclose,
  505  under oath, the following information:
  506         (a) Full legal name, e-mail address, telephone number, Name
  507  and business address;
  508         (b) The full name, e-mail address, telephone number, and
  509  business address of each principal represented;
  510         (c) His or her area of interest;
  511         (d) The agencies before which he or she will appear; and
  512         (d)(e) The existence of any direct or indirect business
  513  association, partnership, or financial relationship with any
  514  employee of an agency with which he or she lobbies, or intends
  515  to lobby, as disclosed in the registration.
  516         (4) The annual lobbyist registration fee must shall be set
  517  by the commission by rule, not to exceed $20 $40 for each
  518  principal represented. Additionally, for each principal
  519  represented, a fee must be set by commission rule, not to exceed
  520  $5, for each additional agency lobbied following the first
  521  agency that is lobbied.
  522         (5)(a)1. Each lobbying firm shall file a compensation
  523  report with the commission for each calendar quarter during any
  524  portion of which one or more of the firm’s lobbyists were
  525  registered to represent a principal. The report shall include
  526  the:
  527         a. Full name, e-mail address, business address, and
  528  telephone number of the lobbying firm;
  529         b. Name of each of the firm’s lobbyists; and
  530         c. Total compensation provided or owed to the lobbying firm
  531  from all principals for the reporting period, reported in one of
  532  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  533  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  534  $999,999; $1 million or more.
  535         2. For each principal represented by one or more of the
  536  firm’s lobbyists, the lobbying firm’s compensation report shall
  537  also include the:
  538         a. Full name, e-mail address, business address, and
  539  telephone number of the principal; and
  540         b. Total compensation provided or owed to the lobbying firm
  541  for the reporting period, reported in one of the following
  542  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  543  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  544  more. If the category “$50,000 or more” is selected, the
  545  specific dollar amount of compensation must be reported, rounded
  546  up or down to the nearest $1,000.
  547         3. If the lobbying firm subcontracts work from another
  548  lobbying firm and not from the original principal:
  549         a. The lobbying firm providing the work to be subcontracted
  550  shall be treated as the reporting lobbying firm’s principal for
  551  reporting purposes under this paragraph; and
  552         b. The reporting lobbying firm shall, for each lobbying
  553  firm identified under subparagraph 2., identify the name and
  554  address of the principal originating the lobbying work.
  555         4. The senior partner, officer, or owner of the lobbying
  556  firm shall certify to the veracity and completeness of the
  557  information submitted pursuant to this paragraph.
  558         (7) A lobbyist shall promptly send a written statement to
  559  the commission canceling the designation of registration for a
  560  principal in his or her registration upon termination of such
  561  the lobbyist’s representation of that principal. The commission
  562  may cancel a lobbyist’s designation of a principal upon the
  563  principal’s notification that the lobbyist is no longer
  564  authorized to represent the principal Notwithstanding this
  565  requirement, the commission may remove the name of a lobbyist
  566  from the list of registered lobbyists if the principal notifies
  567  the office that a person is no longer authorized to represent
  568  that principal.
  569         (8)(a) The commission shall investigate every sworn
  570  complaint that is filed with it alleging that a person covered
  571  by this section has failed to register, has failed to submit a
  572  compensation report, has made a prohibited expenditure, or has
  573  knowingly submitted false information in any report or
  574  registration required in this section.
  575         (b) All proceedings, the complaint, and other records
  576  relating to the investigation are confidential and exempt from
  577  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  578  Constitution, and any meetings held pursuant to an investigation
  579  are exempt from the provisions of s. 286.011(1) and s. 24(b),
  580  Art. I of the State Constitution either until the alleged
  581  violator requests in writing that such investigation and
  582  associated records and meetings be made public or until the
  583  commission determines, based on the investigation, whether
  584  probable cause exists to believe that a violation has occurred.
  585         (c) The commission shall investigate any lobbying firm,
  586  lobbyist, principal, agency, officer, or employee upon receipt
  587  of information from a sworn complaint or from a random audit of
  588  lobbying reports indicating that the individual or entity has
  589  intentionally failed to disclose any material fact or has
  590  knowingly submitted false information in any report required by
  591  this section or by rules adopted pursuant to this section a
  592  possible violation other than a late-filed report.
  593         (d) Notwithstanding paragraphs (a)-(c), the commission may
  594  dismiss any complaint or investigation resulting from a random
  595  audit of lobbying reports, at any stage of disposition, if it
  596  determines that the public interest is not served by proceeding
  597  further, in which case the commission shall issue a public
  598  report stating with particularity its reasons for the dismissal.
  599         (e)1. Records relating to an audit conducted pursuant to
  600  this section or an investigation conducted pursuant to this
  601  section or s. 112.32155 are confidential and exempt from s.
  602  119.07(1) and s. 24(a), Art. I of the State Constitution.
  603         2. Any portion of a meeting wherein such investigation or
  604  audit is discussed is exempt from s. 286.011 and s. 24(b), Art.
  605  I of the State Constitution.
  606         3. The exemptions no longer apply if the lobbying firm
  607  requests in writing that such investigation and associated
  608  records and meetings be made public or the commission determines
  609  there is probable cause that the audit reflects a violation of
  610  the reporting laws.
  611         (15) The commission shall adopt rules to administer this
  612  section, which shall prescribe forms for registration and
  613  compensation reports, procedures for registration, and
  614  procedures that will prevent disclosure of information that is
  615  confidential as provided in this section.
  616         Section 7. Section 420.5061, Florida Statutes, is amended
  617  to read:
  618         420.5061 Transfer of agency assets and liabilities.—The
  619  corporation is the legal successor in all respects to the
  620  agency, is obligated to the same extent as the agency under any
  621  agreements existing on December 31, 1997, and is entitled to any
  622  rights and remedies previously afforded the agency by law or
  623  contract, including specifically the rights of the agency under
  624  chapter 201 and part VI of chapter 159. Effective January 1,
  625  1998, all references under Florida law to the agency are deemed
  626  to mean the corporation. The corporation shall transfer to the
  627  General Revenue Fund an amount which otherwise would have been
  628  deducted as a service charge pursuant to s. 215.20(1) if the
  629  Florida Housing Finance Corporation Fund established by s.
  630  420.508(5), the State Apartment Incentive Loan Fund established
  631  by s. 420.5087(7), the Florida Homeownership Assistance Fund
  632  established by s. 420.5088(4), the HOME Investment Partnership
  633  Fund established by s. 420.5089(1), and the Housing
  634  Predevelopment Loan Fund established by s. 420.525(1) were each
  635  trust funds. For purposes of s. 112.313, the corporation is
  636  deemed to be a continuation of the agency, and the provisions
  637  thereof are deemed to apply as if the same entity remained in
  638  place. Any employees of the agency and agency board members
  639  covered by s. 112.313(9)(a)6. shall continue to be entitled to
  640  the exemption in that subparagraph, notwithstanding being hired
  641  by the corporation or appointed as board members of the
  642  corporation.
  643         Section 8. This act shall take effect July 1, 2019.