Florida Senate - 2026                              CS for SB 572
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Harrell
       
       
       
       
       585-02216-26                                           2026572c1
    1                        A bill to be entitled                      
    2         An act relating to ethics for public officers and
    3         employees; amending s. 112.312, F.S.; revising the
    4         definition of the term “relative” to include foster
    5         parents and foster children; reenacting ss.
    6         106.07(4)(a), 106.0702(4)(a), 348.0305, and 1001.421,
    7         F.S., relating to a campaign treasurer’s reports of
    8         campaign contributions, reports of campaign
    9         contributions to candidates for a position on a
   10         political party executive committee, ethical
   11         requirements for officers, employees, and consultants
   12         for the Greater Miami Expressway Agency, and gifts to
   13         district school board members, respectively, to
   14         incorporate the amendment made to s. 112.312, F.S., in
   15         references thereto; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (21) of section 112.312, Florida
   20  Statutes, is amended to read:
   21         112.312 Definitions.—As used in this part and for purposes
   22  of the provisions of s. 8, Art. II of the State Constitution,
   23  unless the context otherwise requires:
   24         (21) “Relative,” unless otherwise specified in this part,
   25  means an individual who is related to a public officer or
   26  employee as father, mother, son, daughter, brother, sister,
   27  uncle, aunt, first cousin, nephew, niece, husband, wife, father
   28  in-law, mother-in-law, son-in-law, daughter-in-law, brother-in
   29  law, sister-in-law, stepfather, stepmother, stepson,
   30  stepdaughter, stepbrother, stepsister, half brother, half
   31  sister, grandparent, great grandparent, grandchild, great
   32  grandchild, step grandparent, step great grandparent, step
   33  grandchild, or step great grandchild; an individual who, while
   34  the public officer or employee was a minor, was his or her
   35  legally recognized foster parent in the jurisdiction where the
   36  relationship occurred or an individual who is a current or
   37  former legally recognized foster child of the public officer or
   38  employee in the jurisdiction where the relationship occurs or
   39  occurred; a, person who is engaged to be married to the public
   40  officer or employee or who otherwise holds himself or herself
   41  out as or is generally known as the person whom the public
   42  officer or employee intends to marry or with whom the public
   43  officer or employee intends to form a household;, or any other
   44  natural person having the same legal residence as the public
   45  officer or employee.
   46         Section 2. For the purpose of incorporating the amendment
   47  made by this act to section 112.312, Florida Statutes, in a
   48  reference thereto, paragraph (a) of subsection (4) of section
   49  106.07, Florida Statutes, is reenacted to read:
   50         106.07 Reports; certification and filing.—
   51         (4)(a) Except for daily reports, to which only the
   52  contributions provisions below apply, and except as provided in
   53  paragraph (b), each report required by this section must
   54  contain:
   55         1. The full name, address, and occupation, if any, of each
   56  person who has made one or more contributions to or for such
   57  committee or candidate within the reporting period, together
   58  with the amount and date of such contributions. For
   59  corporations, the report must provide as clear a description as
   60  practicable of the principal type of business conducted by the
   61  corporation. However, if the contribution is $100 or less or is
   62  from a relative, as defined in s. 112.312, provided that the
   63  relationship is reported, the occupation of the contributor or
   64  the principal type of business need not be listed.
   65         2. The name and address of each political committee from
   66  which the reporting committee or the candidate received, or to
   67  which the reporting committee or candidate made, any transfer of
   68  funds, together with the amounts and dates of all transfers.
   69         3. Each loan for campaign purposes to or from any person or
   70  political committee within the reporting period, together with
   71  the full names, addresses, and occupations, and principal places
   72  of business, if any, of the lender and endorsers, if any, and
   73  the date and amount of such loans.
   74         4. A statement of each contribution, rebate, refund, or
   75  other receipt not otherwise listed under subparagraphs 1.
   76  through 3.
   77         5. The total sums of all loans, in-kind contributions, and
   78  other receipts by or for such committee or candidate during the
   79  reporting period. The reporting forms shall be designed to
   80  elicit separate totals for in-kind contributions, loans, and
   81  other receipts.
   82         6. The full name and address of each person to whom
   83  expenditures have been made by or on behalf of the committee or
   84  candidate within the reporting period; the amount, date, and
   85  purpose of each such expenditure; and the name and address of,
   86  and office sought by, each candidate on whose behalf such
   87  expenditure was made. However, expenditures made from the petty
   88  cash fund provided by s. 106.12 need not be reported
   89  individually.
   90         7. The full name and address of each person to whom an
   91  expenditure for personal services, salary, or reimbursement for
   92  authorized expenses as provided in s. 106.021(3) has been made
   93  and which is not otherwise reported, including the amount, date,
   94  and purpose of such expenditure. However, expenditures made from
   95  the petty cash fund provided for in s. 106.12 need not be
   96  reported individually. Receipts for reimbursement for authorized
   97  expenditures shall be retained by the treasurer along with the
   98  records for the campaign account.
   99         8. The total amount withdrawn and the total amount spent
  100  for petty cash purposes pursuant to this chapter during the
  101  reporting period.
  102         9. The total sum of expenditures made by such committee or
  103  candidate during the reporting period.
  104         10. The amount and nature of debts and obligations owed by
  105  or to the committee or candidate, which relate to the conduct of
  106  any political campaign.
  107         11. Transaction information for each credit card purchase.
  108  Receipts for each credit card purchase shall be retained by the
  109  treasurer with the records for the campaign account.
  110         12. The amount and nature of any separate interest-bearing
  111  accounts or certificates of deposit and identification of the
  112  financial institution in which such accounts or certificates of
  113  deposit are located.
  114         13. The primary purposes of an expenditure made indirectly
  115  through a campaign treasurer pursuant to s. 106.021(3) for goods
  116  and services such as communications media placement or
  117  procurement services, campaign signs, insurance, and other
  118  expenditures that include multiple components as part of the
  119  expenditure. The primary purpose of an expenditure shall be that
  120  purpose, including integral and directly related components,
  121  that comprises 80 percent of such expenditure.
  122         Section 3. For the purpose of incorporating the amendment
  123  made by this act to section 112.312, Florida Statutes, in a
  124  reference thereto, paragraph (a) of subsection (4) of section
  125  106.0702, Florida Statutes, is reenacted to read:
  126         106.0702 Reporting; political party executive committee
  127  candidates.—
  128         (4)(a) Each report required by this section must contain:
  129         1. The full name, address, and occupation of each person
  130  who has made one or more contributions to or for the reporting
  131  individual within the reporting period, together with the amount
  132  and date of such contributions. For corporations, the report
  133  must provide as clear a description as practicable of the
  134  principal type of business conducted by the corporations.
  135  However, if the contribution is $100 or less or is from a
  136  relative, as defined in s. 112.312, provided that the
  137  relationship is reported, the occupation of the contributor or
  138  the principal type of business need not be listed.
  139         2. The name and address of each political committee from
  140  which the reporting individual has received, or to which the
  141  reporting individual has made, any transfer of funds within the
  142  reporting period, together with the amounts and dates of all
  143  transfers.
  144         3. Each loan for campaign purposes from any person or
  145  political committee within the reporting period, together with
  146  the full name, address, and occupation, and principal place of
  147  business, if any, of the lender and endorser, if any, and the
  148  date and amount of such loans.
  149         4. A statement of each contribution, rebate, refund, or
  150  other receipt not otherwise listed under subparagraphs 1.-3.
  151         5. The total sums of all loans, in-kind contributions, and
  152  other receipts by or for such reporting individual during the
  153  reporting period. The reporting forms shall be designed to
  154  elicit separate totals for in-kind contributions, loans, and
  155  other receipts.
  156         6. The full name and address of each person to whom
  157  expenditures have been made by or on behalf of the reporting
  158  individual within the reporting period; the amount, date, and
  159  purpose of each such expenditure; and the name and address of,
  160  and office sought by, each reporting individual on whose behalf
  161  such expenditure was made.
  162         7. The amount and nature of debts and obligations owed by
  163  or to the reporting individual which relate to the conduct of
  164  any political campaign.
  165         8. Transaction information for each credit card purchase.
  166  Receipts for each credit card purchase shall be retained by the
  167  reporting individual.
  168         9. The amount and nature of any separate interest-bearing
  169  accounts or certificates of deposit and identification of the
  170  financial institution in which such accounts or certificates of
  171  deposit are located.
  172         Section 4. For the purpose of incorporating the amendment
  173  made by this act to section 112.312, Florida Statutes, in a
  174  reference thereto, section 348.0305, Florida Statutes, is
  175  reenacted to read:
  176         348.0305 Ethics requirements.—
  177         (1) Notwithstanding any other provision of law to the
  178  contrary, members and employees of the agency are subject to
  179  part III of chapter 112. As used in this section, the term:
  180         (a) “Agency” means the Greater Miami Expressway Agency.
  181         (b) “Lobby” means to seek to influence the agency, on
  182  behalf of another person, with respect to a decision of the
  183  agency in an area of policy or procurement or to attempt to
  184  obtain the goodwill of an officer, employee, or consultant of
  185  the agency. The term does not include representing a client in
  186  any stage of applying for or seeking approval of any
  187  administrative action, or opposition to such action, provided
  188  such action does not require legislative discretion and is
  189  subject to judicial review by petitioning for writ of
  190  certiorari.
  191         (c) “Lobbyist” means a person who is employed and receives
  192  payment, or who contracts for economic consideration, to lobby
  193  or a person who is principally employed for governmental affairs
  194  by another person or entity to lobby on behalf of such person or
  195  entity. The term does not include a person who:
  196         1. Represents a client in a judicial proceeding or in a
  197  formal administrative proceeding before the agency.
  198         2. Is an officer or employee of any governmental entity
  199  acting in the normal course of his or her duties.
  200         3. Consults under contract with the agency and communicates
  201  with the agency regarding issues related to the scope of
  202  services in his or her contract.
  203         4. Is an expert witness who is retained or employed by an
  204  employer, principal, or client to provide only scientific,
  205  technical, or other specialized information provided in agenda
  206  materials or testimony only in public hearings, provided the
  207  expert identifies such employer, principal, or client at such
  208  hearing.
  209         5. Seeks to procure a contract that is less than $20,000 or
  210  a contract pursuant to s. 287.056.
  211         (d) “Officer” means a member of the governing body of the
  212  agency.
  213         (e) “Principal” has the same meaning as in s. 112.3215.
  214         (f) “Relative” has the same meaning as in s. 112.312.
  215         (2)(a) A lobbyist may not be appointed or serve as a member
  216  of the governing body of the agency.
  217         (b) A person may not be appointed or serve as an officer if
  218  that person currently represents or has in the previous 4 years
  219  lobbied the agency or the former Miami-Dade County Expressway
  220  Authority.
  221         (c) A person may not be appointed or serve as an officer if
  222  that person has in the previous 4 years done business, or been
  223  an employee of a person or entity that has done business, with
  224  the agency or the former Miami-Dade County Expressway Authority.
  225         (d) A person may not be appointed or serve as an officer if
  226  that person has in the previous 2 years been an employee of the
  227  agency.
  228         (3) An officer, employee, or consultant of the agency or of
  229  the former Miami-Dade County Expressway Authority may not, for a
  230  period of 4 years after vacation of his or her position with the
  231  agency:
  232         (a) Lobby the agency.
  233         (b) Have an employment or contractual relationship with a
  234  business entity in connection with a contract in which the
  235  officer, employee, or consultant personally and substantially
  236  participated through decision, approval, disapproval,
  237  recommendation, rendering of advice, or investigation while he
  238  or she was an officer, employee, or consultant of the agency.
  239  When an agency employee’s position is eliminated and his or her
  240  former duties are performed by the business entity, this
  241  paragraph does not prohibit him or her from employment or a
  242  contractual relationship with the business entity if the
  243  employee’s participation in the contract was limited to
  244  recommendation, rendering of advice, or investigation and if the
  245  executive director of the agency determines that the best
  246  interests of the agency will be served thereby and provides
  247  prior written approval for the particular employee.
  248         (c) Have or hold any employment or contractual relationship
  249  with a business entity in connection with any contract for
  250  contractual services which was within his or her responsibility
  251  while an officer, employee, or consultant. If an agency
  252  employee’s position is eliminated and his or her former duties
  253  are performed by the business entity, this paragraph may be
  254  waived by the executive director of the agency through prior
  255  written approval for the particular employee if the executive
  256  director determines that the best interests of the agency will
  257  be served thereby.
  258         (4) Each officer, employee, and consultant of the agency
  259  must promptly disclose:
  260         (a) Every relationship that may create a conflict between
  261  his or her private interests and the performance of his or her
  262  duties to the agency or that would impede the full and faithful
  263  discharge of his or her duties to the agency.
  264         (b) Any relative and any employment or contractual
  265  relationship of such relative which, if held by the officer,
  266  employee, or consultant, would violate any provision of s.
  267  112.313.
  268         (c) Any relative who is a lobbyist and such lobbyist’s
  269  principal.
  270         (d) Any direct or indirect interest in real property and
  271  such interest of any relative if such property is located within
  272  one-half mile of any actual or prospective agency project. The
  273  executive director of the agency shall provide a corridor map
  274  and a property ownership list reflecting the ownership of all
  275  real property within the disclosure area, or an alignment map
  276  with a list of associated owners, to all officers, employees,
  277  and consultants.
  278         (5) The disclosures required under subsection (4) must be
  279  filed with the agency general counsel in the manner specified by
  280  the general counsel. When the disclosure is filed by the general
  281  counsel, a copy must be provided to the executive director of
  282  the agency.
  283         (6) A violation of this section shall be considered a
  284  violation of the violator’s official, employment, or contractual
  285  duties to the agency.
  286         (7) Officers, employees, and consultants of the agency
  287  shall be adequately informed and trained on the provisions of
  288  this section and the state code of ethics and shall receive
  289  ongoing ethics training.
  290         (8) The state code of ethics shall apply to officers,
  291  employees, and consultants of the agency, and this section shall
  292  be enforced by the Commission on Ethics as part of the state
  293  code of ethics.
  294         (9) For purposes of this section, “consultant” does not
  295  include firms or individuals retained by the agency to provide
  296  architectural, engineering, landscape architecture, or
  297  registered surveying and mapping services as described in s.
  298  287.055.
  299         Section 5. For the purpose of incorporating the amendment
  300  made by this act to section 112.312, Florida Statutes, in a
  301  reference thereto, section 1001.421, Florida Statutes, is
  302  reenacted to read:
  303         1001.421 Gifts.—Notwithstanding any other provision of law
  304  to the contrary, district school board members and their
  305  relatives, as defined in s. 112.312(21), may not directly or
  306  indirectly solicit any gift, or directly or indirectly accept
  307  any gift in excess of $50, from any person, vendor, potential
  308  vendor, or other entity doing business with the school district.
  309  The term “gift” has the same meaning as in s. 112.312(12).
  310         Section 6. This act shall take effect July 1, 2026.