Title: Local Government Accountability

Summary: Requiring the Commission on Ethics to create the Local Government Lobbyist Registration System; prohibiting a person from lobbying a governmental entity absent registration with the commission; requiring the commission to publish a lobbyist directory; requiring boards of county commissioners and governing bodies of municipalities, respectively, to provide notice of certain meetings in a specified manner, etc.

Full Text:
An act relating to local government accountability; amending s. 112.3148, F.S.; redefining the term  lobbyist  to conform to changes made by the act; repealing s. 112.3261, F.S., relating to registration of and reporting by water management district lobbyists; creating s. 112.3262, F.S.; defining terms; requiring the Commission on Ethics to create the Local Government Lobbyist Registration System; preempting local government rules or ordinances establishing a lobbyist registration system; authorizing governmental entities to adopt certain rules and ordinances; prohibiting a person from lobbying a governmental entity absent registration with the commission; specifying registration requirements; requiring the commission to publish a lobbyist directory; establishing procedures for the cancellation of a lobbyist s registration; requiring a governmental entity to monitor compliance with registration requirements; requiring the commission to investigate sworn complaints containing certain allegations; prescribing procedures for the disposition of complaints; specifying applicable penalties for violations; specifying required duties of governmental entities; authorizing the commission to adopt certain rules; authorizing an affected person to seek an advisory opinion from the commission; amending ss. 125.001 and 166.0213, F.S.; requiring boards of county commissioners and governing bodies of municipalities, respectively, to provide notice of certain meetings in a specified manner; providing a declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (b) of subsection (2) of section 112.3148, Florida Statutes, is amended to read: 112.3148 Reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees.  (2) As used in this section: (b)1. Lobbyist  means any natural person who, for compensation, seeks, or sought during the preceding months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. 2. With respect to an agency that is a governmental entity as defined in s. 112.3262 has established by rule, ordinance, or law a registration process for persons seeking to influence decisionmaking or to encourage the passage, defeat, or modification of any proposal or recommendation by such agency or an employee or official of the agency,the term  lobbyist  includes only a person who is required to be registered as a lobbyist in accordance with s. 112.3262 such rule, ordinance, or law or who,was during the preceding months,was required to be registered as a lobbyist in accordance with s. 112.3262 such rule, ordinance, or law.At a minimum, such a registration system must require the registration of, or must designate, persons as  lobbyists  who engage in the same activities as require registration to lobby the Legislature pursuant to s. 11.045. Section 2.  Section 112.3261, Florida Statutes, is repealed. Section 3. Section 112.3262, Florida Statutes, is created to read: 112.3262  Lobbying before governmental entities.  (1)   As used in this section, the term: (a)    Governmental entity  or  entity  means a water management district created in s. 373.069 and operating under the authority of chapter 373, a hospital district, a children s services district, an expressway authority, a port authority as defined in s. 315.02, a county, a municipality, a school district, or a special district. (b)    Lobbying  means seeking, on behalf of another person, to influence a governmental entity with respect to a decision of the entity in an area of policy or procurement or an attempt to obtain the goodwill of an official or employee of a governmental entity. The term does not include representing a client in any stage of applying for, or seeking approval of, an application for a license, permit, or waiver of a regulation or other administrative action, or opposition to such action, provided that such action does not require legislative discretion and is subject to judicial review by petitioning for writ of certiorari. (c)    Lobbyist  means a person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of such person or governmental entity. The term does not include a person who: 1.   Represents a client in a judicial proceeding or in a formal administrative proceeding before a governmental entity. 2.   Is an officer or employee of an agency acting in the normal course of his or her duties. 3.   Consults under contract with the governmental entity and communicates with the entity s governing body or governing body employee regarding issues related to the scope of services in his or her contract. 4.   Is an employee, an officer, or a board member of a homeowners  association, condominium association, or neighborhood association when addressing, in his or her capacity as an employee, an officer, or a board member of such association, an issue impacting the association or its members. 5.   Is a confidential informant who is providing, or wishes to provide, confidential information to be used for law enforcement purposes. 6.   Is an expert witness who is retained or employed by an employer, a principal, or a client to provide only scientific, technical, or other specialized information provided in agenda materials or testimony only in public hearings, provided that the expert identifies such employer, principal, or client at such hearing. 7.   Seeks to procure a contract that is less than $20,000 or a contract made pursuant s. 287.056. (d)    Principal  has the same meaning as in s. 112.3215. (e)    Principally employed for governmental affairs  means that one of the employee s principal or most significant responsibilities to the employer is overseeing the employer s various governmental relationships or representing the employer in its contacts made with an officer or employee of a governmental entity. (2)   The Commission on Ethics shall create the Local Government Lobbyist Registration System to register lobbyists who wish to lobby governmental entities as provided in this section. Beginning October 1, 2020, any governmental entity rule or ordinance that requires lobbyist registration is preempted and replaced by the registration system established by this subsection. Additionally, a governmental entity may not require classes or certifications or otherwise impose additional requirements as a requisite for lobbyist registration. However, in accordance with s. 112.326, a governmental entity may adopt a rule or an ordinance to require compensation reporting and disclosure of contacts that a lobbyist has made with an officer or employee of a governmental entity and to restrict exchange of money or other things of value between a lobbyist and officers or employees of a governmental entity. (3)  Beginning October 1, 2020, a person may not lobby a governmental entity until such person has electronically registered as a lobbyist with the commission. Such initial registration is due upon the person being retained to lobby and is renewable annually on the anniversary of the lobbyist s registration or in the month of the lobbyist s birth, as selected by the lobbyist at the time of registration. The commission shall request authorization from the principal using the principal s name, business address, e-mail address, and telephone number to confirm that the registrant is authorized to represent the principal. The principal or principal s representative shall identify and designate its main business pursuant to the North American Industry Classification System (NAICS) six-digit numerical code that most accurately describes its main business. Registration is incomplete until the commission receives the principal s authorization. Any changes to the information required by this subsection must be disclosed within days after such change by the lobbyist updating his or her registration. The commission may require separate registration submissions for each county and multi-county governmental entity, but each such submission must include any governmental entity in the county for which the submission is made. The commission may allow for streamlined registration for all governmental entities. A person required to register as a lobbyist under this subsection shall register through the electronic system and shall attest to the following: (a)   His or her full legal name, birth month, e-mail address, telephone number, and business address. (b)   The name, e-mail address, telephone number, and business address of each principal represented. (c)   The name of each governmental entity lobbied or intended to be lobbied on behalf of the principal. (d)   Any direct or indirect business association, partnership, or financial relationship with an official or employee of a governmental entity lobbied or intended to be lobbied on behalf of the principal. (4) The commission shall publish on the Internet a lobbyist directory that contains all lobbyist registrations. (5) A lobbyist shall promptly provide a written statement to the commission canceling the designation of a principal upon termination of such representation. The commission may cancel a lobbyist s designation of a principal upon receipt of notification by the principal that the lobbyist is no longer authorized to represent such principal. (6)  A governmental entity must make reasonable efforts to ascertain whether a person who lobbies that entity has registered pursuant to this section. A governmental entity may not knowingly authorize an unregistered lobbyist to lobby the entity. (7)(a) Upon discovery of a violation of this section, a person or governmental entity may file a sworn complaint with the commission. Except as provided in subsection (8), the commission shall investigate every sworn complaint that is filed which alleges that a person covered by this section has failed to register or has knowingly submitted false information in any registration required in this section. (b) If the commission finds no probable cause to believe that a violation of this section has occurred, it shall dismiss the complaint and send a copy of the complaint, findings, and summary to the complainant and the alleged violator. If the commission finds probable cause to believe that a violation of this section has occurred, it shall report the results of its investigation to the Governor and send, by certified mail, a copy of the report to the alleged violator. A person who the commission finds probable cause to believe has violated this section is entitled to a public hearing upon timely submission of a written request for a hearing to the Governor. Such person is deemed to have waived his or her right to a public hearing if the request is not received within days after a copy of the report is mailed to him or her. However, the Governor may require a public hearing and may conduct such further investigation as he or she deems necessary. (c)   If the Governor determines that a violation occurred, he or she may reprimand, censure, or assess a civil penalty against the violator in accordance with this section. (8)(a)  Upon a first complaint to the commission alleging a violation of subsection (3) against a lobbyist, or upon any complaint against a lobbyist received before January 1, 2021, the commission shall, within days after receipt of the complaint, issue a warning letter to the lobbyist directing him or her to consult the obligations of lobbyists under this section and shall dismiss the complaint. (b)   For complaints against a lobbyist received on or after January 1, 2021, notwithstanding the civil penalties in s. 112.317, a lobbyist found by the commission to have violated subsection (3) is subject to: 1.   For a first violation, a civil penalty not to exceed $500. 2.   For a second or subsequent violation committed within months after the Governor determines that a first violation has been committed, a civil penalty of at least $200 but not more than $1,000 or a 1-year suspension from lobbying any governmental entity associated with the violation. A governmental entity may impose additional civil penalties not to exceed $500 per violation, and, notwithstanding paragraph (c), may suspend the lobbyist from lobbying the governmental entity and its agencies on behalf of any principal for a period of up to years. (c)   The civil penalties and suspensions provided in this subsection must be applied on a per-principal basis with suspensions affecting only those principals for whom unregistered lobbying occurred. (9)   By January 1, 2021, a governmental entity s governing body, or the entity s designee, shall notify the commission of any ordinance or rule that imposes additional or more stringent obligations with respect to lobbyist compensation reporting, or other conduct involving lobbying activities, and shall forward to the commission a copy of any associated form that has been established to facilitate compliance with such ordinance or rule. By January 1, 2022, each governmental entity shall conform its lobbyist regulation system, if any, to accommodate regular digital distribution of lobbyist registration data from the commission so that initial registration of a lobbyist pursuant to subsection (3) is accomplished without having to supply the lobbyist and principal information to more than one lobbyist regulation system. The commission shall cooperate to the extent reasonably practicable to ensure such coordination of information. (10) The commission may adopt rules to establish procedures for the administration of the Local Government Lobbyist Registration System, including the staggering of registration renewal dates based on the anniversary of the lobbyist s registration or the month of the lobbyist s birth, as selected by the lobbyist at the time of registration, and for the adoption of forms, the method of registering specific entities lobbied, and the exchange of information with governmental entities. (11) A person, when in doubt about the applicability and interpretation of this section, may submit in writing to the commission the facts of the situation with a request for an advisory opinion to establish the standard of duty. An advisory opinion shall be rendered by the commission and, until amended or revoked, is binding on the conduct of the person who sought the opinion, unless material facts were omitted or misstated in the request. Section 4. Subsection (1) of section 125.001, Florida Statutes, is amended to read: 125.001 Board meetings; notice.  (1) Upon the giving of due public notice, regular and special meetings of the board may be held at any appropriate public place in the county. Except in the case of emergency meetings, the board shall provide notice of any meeting of the board at least days in advance by posting a notice on the county s website. Additionally, the notice must include a statement of the general subject matter to be considered by the board. Section 5. Subsection (3) is added to section 166.0213, Florida Statutes, to read: 166.0213 Governing body meetings.  (3)  Except in the case of emergency meetings, the governing body of a municipality shall provide notice of any meeting of the governing body at least days in advance by posting a notice on the municipality s website. Additionally, the notice must include a statement of the general subject matter to be considered by the governing body. Section 6.  The Legislature finds that a proper and legitimate state purpose is served when mechanisms are established to secure and sustain the public s trust in public officers and employees. Therefore, the Legislature determines and declares that this act fulfills an important state interest. Section 7. This act shall take effect October 1, 2020.