Florida Senate - 2020                                    SB 1530
       By Senator Baxley
       12-01601-20                                           20201530__
    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.; defining terms; prohibiting certain
    6         public service announcements by specified governmental
    7         entities, persons acting on behalf of such entities,
    8         and elected officials; providing applicability;
    9         amending s. 112.313, F.S.; revising applicability of
   10         certain provisions relating to conflicting employment
   11         and contractual relationships; prohibiting public
   12         officers or employees of an agency from soliciting
   13         specified employment or contractual relationships;
   14         requiring certain offers and solicitations of
   15         employment or contractual relationships to be
   16         disclosed to certain persons; requiring such
   17         solicitations to be disclosed to the Commission on
   18         Ethics in certain circumstances; authorizing the
   19         commission to investigate such disclosures;
   20         prohibiting specified persons from receiving certain
   21         compensated representation for a specified period
   22         following vacation of office; deleting certain
   23         exceptions from postemployment restrictions; providing
   24         applicability; creating s. 112.3181, F.S.; prohibiting
   25         statewide elected officers and legislators from
   26         soliciting employment offers or investment advice
   27         arising out of official or political activities;
   28         providing exceptions; prohibiting such officers or
   29         legislators from soliciting or accepting investment
   30         advice from or soliciting or entering into certain
   31         profitmaking relationships with or advised by
   32         lobbyists or principals; defining terms; requiring
   33         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 the disclosures on its website; authorizing
   39         the commission to adopt rules; amending s. 112.3185,
   40         F.S.; defining terms; prohibiting certain officers and
   41         employees from soliciting employment or contractual
   42         relationships from or negotiating employment or
   43         contractual relationships with certain employers;
   44         providing exceptions; requiring disclosure of certain
   45         offers of employment or contractual relationships;
   46         providing applicability; amending s. 112.3215, F.S.;
   47         revising definitions; requiring executive branch
   48         lobbyists to electronically register with the
   49         commission; revising lobbyist registration,
   50         compensation report, principal designation
   51         cancellation, and investigation requirements;
   52         authorizing the commission to dismiss certain
   53         complaints and investigations; amending s. 420.5061,
   54         F.S.; conforming a provision to changes made by the
   55         act; providing an effective date.
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Section 11.061, Florida Statutes, is repealed.
   60         Section 2. Section 106.114, Florida Statutes, is created to
   61  read:
   62         106.114Elected official advertising.—
   63         (1)As used in this section, the term:
   64         (a)“Governmental entity” means any executive, judicial, or
   65  quasi-judicial department; state university; community college;
   66  water management district; or political subdivision.
   67         (b)“Public service announcement” means any message
   68  communicated by radio, television, electronic communication, or
   69  billboard which promotes or announces an issue of public
   70  importance, concern, or welfare. The term does not include an
   71  official communication on the elected official’s official
   72  website or a social media account used exclusively for official
   73  business.
   74         (2)A governmental entity, a person acting on behalf of a
   75  governmental entity, or an elected official may not use or
   76  authorize the use of an elected official’s name, image,
   77  likeness, official uniform, badge, or other symbol of office in
   78  a public service announcement beginning on the date that the
   79  elected official qualifies as a candidate, pursuant to s. 99.061
   80  or other applicable law, for reelection or election to another
   81  public office and ending on the day after the election for which
   82  the elected official qualified as a candidate if such
   83  announcement is paid for with public funds or if the time or
   84  space for such announcement is donated by the media. This
   85  subsection does not apply to charitable events held by an
   86  organization with tax-exempt status under s. 501(c)(3) of the
   87  Internal Revenue Code or bona fide news events, such as press
   88  conferences or public debates broadcast by a licensed
   89  broadcaster.
   90         Section 3. Subsections (7), (9), and (15) of section
   91  112.313, Florida Statutes, are amended to read:
   92         112.313 Standards of conduct for public officers, employees
   93  of agencies, and local government attorneys.—
   95         (a) A No public officer or employee of an agency may not
   96  shall have or hold any employment or contractual relationship
   97  with any business entity or any agency that which is subject to
   98  the regulation of, or is doing business with, the officer’s or
   99  employee’s an agency. This paragraph does not apply to of which
  100  he or she is an officer or employee, excluding those
  101  organizations and their officers who, when acting in their
  102  official capacity, enter into or negotiate a collective
  103  bargaining contract with the state or any municipality, county,
  104  or other political subdivision of the state. Such; nor shall an
  105  officer or employee also may not of an agency have or hold any
  106  employment or contractual relationship that will create a
  107  continuing or frequently recurring conflict between his or her
  108  private interests and the performance of his or her public
  109  duties or that would impede the full and faithful discharge of
  110  his or her public duties.
  111         1. When the agency referred to is a that certain kind of
  112  special tax district created by general or special law and is
  113  limited specifically to constructing, maintaining, managing, and
  114  financing improvements in the land area over which the agency
  115  has jurisdiction, or when the agency has been organized pursuant
  116  to chapter 298, then employment with, or entering into a
  117  contractual relationship with, such a business entity by a
  118  public officer or employee of such an agency is shall not be
  119  prohibited by this subsection or be deemed a conflict per se.
  120  However, conduct by such officer or employee that is prohibited
  121  by, or otherwise frustrates the intent of, this section must
  122  shall be deemed a conflict of interest in violation of the
  123  standards of conduct set forth by this section.
  124         2. When the agency referred to is a legislative body and
  125  the regulatory power over the business entity resides in another
  126  agency, or when the regulatory power that which the legislative
  127  body exercises over the business entity or agency is strictly
  128  through the enactment of laws or ordinances, then employment
  129  with, or entering into a contractual relationship with, such a
  130  business entity by a public officer or employee of such a
  131  legislative body is shall not be prohibited by this subsection
  132  or be deemed a conflict based on the regulatory power of the
  133  legislative body, unless prohibited by or deemed a conflict by
  134  another law.
  135         (b) This subsection does shall not prohibit a public
  136  officer or employee from practicing in a particular profession
  137  or occupation when such practice by persons holding such public
  138  office or employment is required or permitted by law or
  139  ordinance.
  140         (c)A public officer or an employee of an agency may not
  141  solicit any employment or contractual relationship prohibited by
  142  this subsection.
  143         (d)A public officer or an employee of an agency shall
  144  disclose to the head of his or her agency, the general counsel
  145  or inspector general of his or her agency, or any other officer
  146  or attorney designated by the head of his or her agency any
  147  offer of employment or contractual relationship that is
  148  prohibited by this subsection.
  149         (e)If a public officer or an employee of an agency, or a
  150  person acting on his or her behalf, solicits employment with any
  151  business entity or any agency that is subject to the regulation
  152  of, or is doing business with, the officer’s or employer’s
  153  agency in violation of paragraph (c), the solicited business
  154  entity or agency must disclose such solicitation to the head of
  155  the officer’s or employee’s agency. If such solicitation is by
  156  or on behalf of the head of the agency or a member of a body
  157  that is the head of the agency, the solicited business entity or
  158  agency must disclose such solicitation to the commission. The
  159  commission may investigate such disclosure as if it were a valid
  160  complaint under this part.
  163         (a)1. It is the intent of the Legislature to implement by
  164  statute the provisions of s. 8(e), Art. II of the State
  165  Constitution relating to legislators, statewide elected
  166  officers, appointed state officers, and designated public
  167  employees.
  168         2. As used in this paragraph:
  169         a. “Employee” means:
  170         (I) Any person employed in the executive or legislative
  171  branch of government holding a position in the Senior Management
  172  Service as defined in s. 110.402 or any person holding a
  173  position in the Selected Exempt Service as defined in s. 110.602
  174  or any person having authority over policy or procurement
  175  employed by the Department of the Lottery.
  176         (II) The Auditor General, the director of the Office of
  177  Program Policy Analysis and Government Accountability, the
  178  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  179  at Arms and Clerk of the House of Representatives.
  180         (III) The executive director and deputy executive director
  181  of the Commission on Ethics.
  182         (IV) An executive director, staff director, or deputy staff
  183  director of each joint committee, standing committee, or select
  184  committee of the Legislature; an executive director, staff
  185  director, executive assistant, analyst, or attorney of the
  186  Office of the President of the Senate, the Office of the Speaker
  187  of the House of Representatives, the Senate Majority Party
  188  Office, Senate Minority Party Office, House Majority Party
  189  Office, or House Minority Party Office; or any person, hired on
  190  a contractual basis, having the power normally conferred upon
  191  such persons, by whatever title.
  192         (V) The Chancellor and Vice Chancellors of the State
  193  University System; the general counsel to the Board of Governors
  194  of the State University System; and the president, provost, vice
  195  presidents, and deans of each state university.
  196         (VI) Any person, including an other-personal-services
  197  employee, having the power normally conferred upon the positions
  198  referenced in this sub-subparagraph.
  199         b. “Appointed state officer” means any member of an
  200  appointive board, commission, committee, council, or authority
  201  of the executive or legislative branch of state government whose
  202  powers, jurisdiction, and authority are not solely advisory and
  203  include the final determination or adjudication of any personal
  204  or property rights, duties, or obligations, other than those
  205  relative to its internal operations.
  206         c. “State agency” means an entity of the legislative,
  207  executive, or judicial branch of state government over which the
  208  Legislature exercises plenary budgetary and statutory control.
  209         3.a. No member of the Legislature, appointed state officer,
  210  or statewide elected officer shall personally represent another
  211  person or entity for compensation before the government body or
  212  agency of which the individual was an officer or member for a
  213  period of 2 years following vacation of office. No member of the
  214  Legislature shall personally represent another person or entity
  215  for compensation during his or her term of office before any
  216  state agency other than judicial tribunals or in settlement
  217  negotiations after the filing of a lawsuit.
  218         b. For a period of 2 years following vacation of office, a
  219  former member of the Legislature may not act as a lobbyist for
  220  compensation before an executive branch agency, agency official,
  221  or employee. The terms used in this sub-subparagraph have the
  222  same meanings as provided in s. 112.3215.
  223         4. An agency employee, including an agency employee who was
  224  employed on July 1, 2001, in a Career Service System position
  225  that was transferred to the Selected Exempt Service System under
  226  chapter 2001-43, Laws of Florida, may not personally represent
  227  another person or entity for compensation before the agency with
  228  which he or she was employed for a period of 2 years following
  229  vacation of position, except when unless employed by and
  230  representing another state agency of state government.
  231         5. Any person violating this paragraph is shall be subject
  232  to the penalties provided in s. 112.317 and a civil penalty of
  233  an amount equal to the compensation which the person receives
  234  for the prohibited conduct.
  235         6.This paragraph is not applicable to:
  236         a.A person employed by the Legislature or other agency
  237  prior to July 1, 1989;
  238         b.A person who was employed by the Legislature or other
  239  agency on July 1, 1989, whether or not the person was a defined
  240  employee on July 1, 1989;
  241         c.A person who was a defined employee of the State
  242  University System or the Public Service Commission who held such
  243  employment on December 31, 1994;
  244         d.A person who has reached normal retirement age as
  245  defined in s. 121.021(29), and who has retired under the
  246  provisions of chapter 121 by July 1, 1991; or
  247         e.Any appointed state officer whose term of office began
  248  before January 1, 1995, unless reappointed to that office on or
  249  after January 1, 1995.
  250         (b) In addition to the provisions of this part which are
  251  applicable to legislators and legislative employees by virtue of
  252  their being public officers or employees, the conduct of members
  253  of the Legislature and legislative employees shall be governed
  254  by the ethical standards provided in the respective rules of the
  255  Senate or House of Representatives which are not in conflict
  256  herewith.
  257         (15) ADDITIONAL EXEMPTION.—
  258         (a) An No elected public officer may not shall be held in
  259  violation of subsection (7) if the officer maintains an
  260  employment relationship with an entity which is currently a tax
  261  exempt organization under s. 501(c) of the Internal Revenue Code
  262  and which contracts with or otherwise enters into a business
  263  relationship with the officer’s agency and:
  264         1.(a) The officer’s employment is not directly or
  265  indirectly compensated as a result of such contract or business
  266  relationship;
  267         2.(b) The officer has in no way participated in the
  268  agency’s decision to contract or to enter into the business
  269  relationship with his or her employer, whether by participating
  270  in discussion at the meeting, by communicating with officers or
  271  employees of the agency, or otherwise; and
  272         3.(c) The officer abstains from voting on any matter which
  273  may come before the agency involving the officer’s employer,
  274  publicly states to the assembly the nature of the officer’s
  275  interest in the matter from which he or she is abstaining, and
  276  files a written memorandum as provided in s. 112.3143.
  277         (b)This subsection does not apply to an officer who begins
  278  his or her term of office on or after July 1, 2020.
  279         Section 4. Section 112.3181, Florida Statutes, is created
  280  to read:
  281         112.3181Additional standards for statewide elected
  282  officers and legislators.—
  283         (1)A statewide elected officer or member of the
  284  Legislature may not solicit an employment offer or investment
  285  advice arising out of official or political activities engaged
  286  in while he or she is an officer or a legislator or a candidate
  287  for such office, except under either of the following
  288  circumstances:
  289         (a)The officer or legislator may solicit or accept future
  290  employment, including professional partnerships, in the last 180
  291  days of his or her term of office if he or she is ineligible to
  292  run for reelection or has publicly announced, and filed a letter
  293  or other written notice with the qualifying officer with whom
  294  reelection qualification papers are filed, that he or she is not
  295  and does not intend to become a candidate for reelection.
  296         (b)The officer or legislator may solicit or accept
  297  employment from any prospective employer in a profession or an
  298  occupation in which he or she has formerly engaged, has been
  299  formally educated or trained, or is licensed unless such
  300  employment is prohibited by other general law.
  301         (2)A statewide elected officer or member of the
  302  Legislature may not solicit or accept investment advice from or
  303  solicit or enter into an investment, a joint venture, or other
  304  profitmaking relationship with a lobbyist or principal, as those
  305  terms are defined in s. 11.045 or s. 112.3215. However, the
  306  officer or legislator may buy or sell listed, publicly traded
  307  securities of a principal without the advice of a lobbyist or
  308  principal unless such action violates s. 112.313. For purposes
  309  of this section, the phrase “investment, joint venture, or other
  310  profitmaking relationship” does not include an employment
  311  relationship or any enterprise organized to employ or engage the
  312  personal services of individuals, including the officer or
  313  legislator. For purposes of this section, the terms “investment
  314  advice” and “profitmaking relationship” do not include a client
  315  relationship with a licensed investment broker, licensed
  316  investment advisor, or similarly licensed professional to whom
  317  the officer or legislator pays ordinary and reasonable fees for
  318  services, regardless of such broker’s, advisor’s, or
  319  professional’s status as a lobbyist’s principal or a nonlobbyist
  320  employee of such principal.
  321         (3)A lobbyist or principal who receives a solicitation
  322  prohibited by this section by or on behalf of a statewide
  323  elected officer or member of the Legislature must disclose such
  324  solicitation to the commission. Any other person who receives
  325  such solicitation may disclose such solicitation to the
  326  commission. The commission may investigate any disclosure under
  327  this subsection as if it were a valid complaint under this part.
  328         (4)(a)A statewide elected officer or member of the
  329  Legislature must file a written disclosure with the commission
  330  upon acceptance of the following:
  331         1.Any new employment with or increased compensation from
  332  an entity that receives state funds directly by appropriation;
  333         2.Any new employment with or increased compensation from
  334  an agency;
  335         3.Any new employment the offer of which arose out of
  336  official or political activities engaged in while he or she was
  337  a statewide elected officer, member of the Legislature, or
  338  candidate for such office; or
  339         4.Any new employment with or increased compensation from a
  340  lobbyist, principal of a lobbyist, or lobbying firm.
  341         (b)The disclosure must identify the applicable
  342  subparagraph of paragraph (a), the employer, position, salary or
  343  other compensation, and the effective date of employment or
  344  increased compensation. Such disclosure must be filed within 30
  345  days after he or she accepts the employment or increased
  346  compensation or before the effective date of employment or
  347  increased compensation, whichever date is earliest. With respect
  348  to employment or increased compensation accepted or effective
  349  between December 31, 2019, and July 1, 2020, the officer or
  350  legislator must file such disclosure within 30 days after July
  351  1, 2020. The commission shall publish such disclosures with the
  352  officer’s or legislator’s full financial disclosure on its
  353  website. The commission may adopt forms for disclosure and may
  354  adopt rules requiring electronic submission of the disclosure
  355  required by this subsection.
  356         Section 5. Present subsection (7) of section 112.3185,
  357  Florida Statutes, is renumbered as subsection (8), a new
  358  subsection (7) is added to that section, subsection (1) of that
  359  section is reordered and amended, and present subsection (8) of
  360  that section is amended, to read:
  361         112.3185 Additional standards for state officers and agency
  362  employees.—
  363         (1) For the purposes of this section, the term:
  364         (b)(a) “Contractual services” has the same meaning shall be
  365  defined as set forth in chapter 287.
  366         (a)(b) “Agency” means any state officer, department, board,
  367  commission, or council of the executive, legislative, or
  368  judicial branch of state government and includes the Public
  369  Service Commission.
  370         (c)“Covered officer” means a state officer who is serving
  371  in a position that is not an elective position. The term does
  372  not include a person who is appointed to fill an unexpired term
  373  of an elective office.
  374         (d)“Negotiate” or “negotiation” means a response to an
  375  offer or solicitation of an offer of employment or a contractual
  376  relationship, including the submission of a resume, an
  377  application, or any other information demonstrating interest on
  378  the part of a prospective employee and interviewing or engaging
  379  in other communication intended to lead to an offer or
  380  acceptance of employment or a contractual relationship.
  381         (e)“Reporting employee” means any agency employee who is a
  382  reporting individual or procurement employee, as those terms are
  383  defined in s. 112.3148.
  384         (f)“Restricted employer,” with respect to any state
  385  officer or agency employee, means any entity that does business
  386  with or is subject to regulation by an agency employing the
  387  covered officer or reporting employee and any person or entity
  388  from whom the covered officer or reporting employee may not
  389  solicit a gift under s. 112.3148(3).
  390         (g)“Subject to regulation by an agency” means subject to
  391  regulation by agency action as defined in s. 120.52(2) or its
  392  substantial equivalent. The term does not include regulatory
  393  power exercised strictly through the enactment of general laws.
  394         (7)A covered officer or reporting employee who is employed
  395  in such position on or after July 1, 2020, may not solicit an
  396  employment or contractual relationship from or negotiate an
  397  employment or contractual relationship with a restricted
  398  employer except as provided in this subsection.
  399         (a)A covered officer or reporting employee may solicit a
  400  future employment or contractual relationship from or negotiate
  401  a future employment or contractual relationship with a
  402  restricted employer within 90 days before the expiration of the
  403  officer’s term of office, if the officer does not seek
  404  reappointment, or within 90 days before the officer’s or
  405  employee’s termination or retirement date, if he or she provides
  406  notice of termination or retirement to the head of his or her
  407  agency, the general counsel or inspector general of his or her
  408  agency, or any other officer or attorney designated by the head
  409  of his or her agency.
  410         (b)If a covered officer or reporting employee has been
  411  notified by his or her appointing authority or employing agency
  412  that he or she will be discharged from office or dismissed or
  413  terminated from employment, he or she may solicit a future
  414  employment or contractual relationship from or negotiate a
  415  future employment or contractual relationship with a restricted
  416  employer at any time after such notice but not sooner than 180
  417  days before his or her employment is scheduled to end.
  418         (c)A covered officer or reporting employee must disclose
  419  to the head of his or her agency, the general counsel or
  420  inspector general of his or her agency, or any other officer or
  421  attorney designated by the head of his or her agency any offer
  422  from a restricted employer of employment or a contractual
  423  relationship. After such disclosure, a covered officer or
  424  reporting employee may negotiate employment or a contractual
  425  relationship with the restricted employer if expressly
  426  authorized by the head of his or her agency or the agency head’s
  427  authorized designee. Permission may be withheld only if the
  428  agency head or his or her authorized designee determines such
  429  negotiation poses an actual or a potential conflict with the
  430  interests of the state or the agency.
  431         (d)This subsection does not authorize any employment or
  432  contractual relationship solicitation otherwise prohibited by
  433  general law.
  434         (9)(8)Subsections (1) through (6) do not apply this
  435  section is not applicable to any employee of the Public Service
  436  Commission who was so employed on or before December 31, 1994,
  437  unless so employed on or after July 1, 2020.
  438         Section 6. Paragraphs (a), (f), and (h) of subsection (1),
  439  subsection (3), paragraph (a) of subsection (5), and subsections
  440  (7) and (8) of section 112.3215, Florida Statutes, are amended,
  441  and subsection (15) of that section is republished, to read:
  442         112.3215 Lobbying before the executive branch or the
  443  Constitution Revision Commission; registration and reporting;
  444  investigation by commission.—
  445         (1) For the purposes of this section:
  446         (a) “Agency” means the Governor; the, Governor and
  447  Cabinet;, or any department, division, bureau, board,
  448  commission, or authority of the executive branch; the State
  449  Board of Education; or the Board of Governors of the State
  450  University System. The term also includes In addition, “agency”
  451  shall mean the Constitution Revision Commission as provided by
  452  s. 2, Art. XI of the State Constitution.
  453         (f) “Lobbying” “Lobbies” means seeking, on behalf of
  454  another person, to influence an agency with respect to a
  455  decision of the agency in the area of policy or procurement or
  456  an attempt to obtain the goodwill of an agency official or
  457  employee. The term “Lobbies” also means influencing or
  458  attempting to influence, on behalf of another, the Constitution
  459  Revision Commission’s action or nonaction through oral or
  460  written communication or an attempt to obtain the goodwill of a
  461  member or employee of the Constitution Revision Commission.
  462         (h) “Lobbyist” means a person who is employed and receives
  463  payment, or who contracts for economic consideration, for the
  464  purpose of lobbying, or a person who is principally employed for
  465  governmental affairs by another person or governmental entity to
  466  lobby on behalf of that other person or governmental entity. For
  467  purposes of this paragraph, the phrase “principally employed for
  468  governmental affairs” means that one of the principal or most
  469  significant responsibilities of the employee to the employer is
  470  overseeing the employer’s various relationships with government
  471  or representing the employer in its contacts with government.
  472  The term “Lobbyist” does not include a person who is:
  473         1. An attorney, or any person, who represents a client in a
  474  judicial proceeding or in a formal administrative proceeding
  475  conducted pursuant to chapter 120 or any other formal hearing
  476  before an agency, board, commission, or authority of this state.
  477         2. An officer or employee of an agency, or of a legislative
  478  or judicial branch entity, or a political subdivision of this
  479  state acting in the normal course of his or her office or
  480  duties.
  481         3. A confidential informant who is providing, or wishes to
  482  provide, confidential information to be used for law enforcement
  483  purposes.
  484         4. A person who seeks lobbies to procure a contract
  485  pursuant to chapter 287 which contract is less than the
  486  threshold for CATEGORY ONE as provided in s. 287.017.
  487         (3) A person may not lobby an agency until such person has
  488  electronically registered as a lobbyist with the commission.
  489  Such registration shall be due upon initially being retained to
  490  lobby and is renewable on a calendar year basis thereafter. The
  491  commission shall request authorization from the principal with
  492  the principal’s name, business address, e-mail address, and
  493  telephone number to confirm that the registrant is authorized to
  494  represent the principal Upon registration the person shall
  495  provide a statement signed by the principal or principal’s
  496  representative that the registrant is authorized to represent
  497  the principal. The principal or principal’s representative shall
  498  also identify and designate its main business pursuant to the
  499  North American Industry Classification System six-digit
  500  numerical code that most accurately describes the principal’s
  501  main business. Registration is not complete until the commission
  502  receives the principal’s authorization and the registration fee
  503  on the statement authorizing that lobbyist pursuant to a
  504  classification system approved by the commission. The
  505  registration shall require each lobbyist to attest to disclose,
  506  under oath, the following information:
  507         (a) Full legal name, e-mail address, telephone number, Name
  508  and business address;
  509         (b) The full name, e-mail address, telephone number, and
  510  business address of each principal represented;
  511         (c) His or her area of interest;
  512         (d) The agencies before which he or she will appear; and
  513         (d)(e) The existence of any direct or indirect business
  514  association, partnership, or financial relationship with any
  515  employee of an agency with which he or she lobbies, or intends
  516  to lobby, as disclosed in the registration.
  517         (5)(a)1. Each lobbying firm shall file a compensation
  518  report with the commission for each calendar quarter during any
  519  portion of which one or more of the firm’s lobbyists were
  520  registered to represent a principal. The report shall include
  521  the:
  522         a. Full name, e-mail address, business address, and
  523  telephone number of the lobbying firm;
  524         b. Name of each of the firm’s lobbyists; and
  525         c. Total compensation provided or owed to the lobbying firm
  526  from all principals for the reporting period, reported in one of
  527  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  528  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  529  $999,999; $1 million or more.
  530         2. For each principal represented by one or more of the
  531  firm’s lobbyists, the lobbying firm’s compensation report shall
  532  also include the:
  533         a. Full name, e-mail address, business address, and
  534  telephone number of the principal; and
  535         b. Total compensation provided or owed to the lobbying firm
  536  for the reporting period, reported in one of the following
  537  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  538  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  539  more. If the category “$50,000 or more” is selected, the
  540  specific dollar amount of compensation must be reported, rounded
  541  up or down to the nearest $1,000.
  542         3. If the lobbying firm subcontracts work from another
  543  lobbying firm and not from the original principal:
  544         a. The lobbying firm providing the work to be subcontracted
  545  shall be treated as the reporting lobbying firm’s principal for
  546  reporting purposes under this paragraph; and
  547         b. The reporting lobbying firm shall, for each lobbying
  548  firm identified under subparagraph 2., identify the name and
  549  address of the principal originating the lobbying work.
  550         4. The senior partner, officer, or owner of the lobbying
  551  firm shall certify to the veracity and completeness of the
  552  information submitted pursuant to this paragraph.
  553         (7) A lobbyist shall promptly send a written statement to
  554  the commission canceling the designation of registration for a
  555  principal in his or her registration upon termination of such
  556  the lobbyist’s representation of that principal. The commission
  557  may cancel a lobbyist’s designation of a principal upon the
  558  principal’s notification that the lobbyist is no longer
  559  authorized to represent the principal Notwithstanding this
  560  requirement, the commission may remove the name of a lobbyist
  561  from the list of registered lobbyists if the principal notifies
  562  the office that a person is no longer authorized to represent
  563  that principal.
  564         (8)(a) The commission shall investigate every sworn
  565  complaint that is filed with it alleging that a person covered
  566  by this section has failed to register, has failed to submit a
  567  compensation report, has made a prohibited expenditure, or has
  568  knowingly submitted false information in any report or
  569  registration required in this section.
  570         (b) All proceedings, the complaint, and other records
  571  relating to the investigation are confidential and exempt from
  572  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  573  Constitution, and any meetings held pursuant to an investigation
  574  are exempt from the provisions of s. 286.011(1) and s. 24(b),
  575  Art. I of the State Constitution either until the alleged
  576  violator requests in writing that such investigation and
  577  associated records and meetings be made public or until the
  578  commission determines, based on the investigation, whether
  579  probable cause exists to believe that a violation has occurred.
  580         (c) The commission shall investigate any lobbying firm,
  581  lobbyist, principal, agency, officer, or employee upon receipt
  582  of information from a sworn complaint or from a random audit of
  583  lobbying reports indicating that the individual or entity has
  584  intentionally failed to disclose any material fact or has
  585  knowingly submitted false information in any report required by
  586  this section or by rules adopted pursuant to this section a
  587  possible violation other than a late-filed report.
  588         (d) Notwithstanding paragraphs (a)-(c), the commission may
  589  dismiss any complaint or investigation resulting from a random
  590  audit of lobbying reports, at any stage of disposition, if it
  591  determines that the public interest is not served by proceeding
  592  further, in which case the commission shall issue a public
  593  report stating with particularity its reasons for the dismissal.
  594         (e)1. Records relating to an audit conducted pursuant to
  595  this section or an investigation conducted pursuant to this
  596  section or s. 112.32155 are confidential and exempt from s.
  597  119.07(1) and s. 24(a), Art. I of the State Constitution.
  598         2. Any portion of a meeting wherein such investigation or
  599  audit is discussed is exempt from s. 286.011 and s. 24(b), Art.
  600  I of the State Constitution.
  601         3. The exemptions no longer apply if the lobbying firm
  602  requests in writing that such investigation and associated
  603  records and meetings be made public or the commission determines
  604  there is probable cause that the audit reflects a violation of
  605  the reporting laws.
  606         (15) The commission shall adopt rules to administer this
  607  section, which shall prescribe forms for registration and
  608  compensation reports, procedures for registration, and
  609  procedures that will prevent disclosure of information that is
  610  confidential as provided in this section.
  611         Section 7. Section 420.5061, Florida Statutes, is amended
  612  to read:
  613         420.5061 Transfer of agency assets and liabilities.—The
  614  corporation is the legal successor in all respects to the
  615  agency, is obligated to the same extent as the agency under any
  616  agreements existing on December 31, 1997, and is entitled to any
  617  rights and remedies previously afforded the agency by law or
  618  contract, including specifically the rights of the agency under
  619  chapter 201 and part VI of chapter 159. Effective January 1,
  620  1998, all references under Florida law to the agency are deemed
  621  to mean the corporation. The corporation shall transfer to the
  622  General Revenue Fund an amount which otherwise would have been
  623  deducted as a service charge pursuant to s. 215.20(1) if the
  624  Florida Housing Finance Corporation Fund established by s.
  625  420.508(5), the State Apartment Incentive Loan Fund established
  626  by s. 420.5087(7), the Florida Homeownership Assistance Fund
  627  established by s. 420.5088(4), the HOME Investment Partnership
  628  Fund established by s. 420.5089(1), and the Housing
  629  Predevelopment Loan Fund established by s. 420.525(1) were each
  630  trust funds. For purposes of s. 112.313, the corporation is
  631  deemed to be a continuation of the agency, and the provisions
  632  thereof are deemed to apply as if the same entity remained in
  633  place. Any employees of the agency and agency board members
  634  covered by s. 112.313(9)(a)6. shall continue to be entitled to
  635  the exemption in that subparagraph, notwithstanding being hired
  636  by the corporation or appointed as board members of the
  637  corporation.
  638         Section 8. This act shall take effect July 1, 2020.