HB 7007 — Ethics Reform

3.a.

An agency employee, including an agency employee who was employed on July 1, 2001, in a Career Service System position that was transferred to the Selected Exempt Service System under chapter 2001-43, Laws of Florida, may not Page 15 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 System under chapter 2001-43, Laws of Florida, may not personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, except when unless employed by and representing another state agency of state government.

(b) In addition to the provisions of this part which are Page 16 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith.

and 3.(c) The officer abstains from voting on any matter which may come before the agency involving the officer's employer, publicly states to the assembly the nature of the officer's interest in the matter from which he or she is abstaining, and Page 17 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s.

or 3.Page 18 of 40 CODING:

Such conduct has the purpose or effect of creating a persistently intimidating and hostile environment, as that term is defined in state and federal law.

Page 18 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 (b)3. Any conduct defined as sexual harassment under applicable state and federal law.

Such conduct has the purpose or effect of creating a persistently intimidating and hostile environment, as that term is defined in state and federal law.

(b) Any conduct defined as sexual harassment under applicable state and federal law.

Potential disciplinary actions or otherPage consequences19 that may result from attempted or actual retaliation shall be specified by rule and administrative policies of the40 applicableCODING: agency.

Page 19 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 (6)other Anconsequences individualthat accusedmay ofresult sexualfrom harassmentattempted mayor notactual violateretaliation anyshall confidentialitybe requirementspecified imposedby onrule suchand individualadministrative bypolicies ruleof orthe agreement.applicable agency.

(6) An individual accused of sexual harassment may not violate any confidentiality requirement imposed on such individual by rule or agreement.

(8) An individual who makes a report of sexual harassment to an agency that he or she knows to be materially false or that is maliciously made with reckless disregard for the truth, for the identity of an alleged victim, or for the identity of the individual accused of sexual harassment commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

Each agency is authorized to adopt rules and administrativePage policies20 andof procedures40 necessaryCODING: to implement this section.

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 administrative policies and procedures necessary to implement this section.

Policies shall provide guidelines and establish limits for dating or romantic relationships when such relationships may Pagebe 20incompatible with supervisory responsibilities or proper operations of 40the CODING:agency.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 be incompatible with supervisory responsibilities or proper operations of the agency.

(c)Page All21 employees of an40 agencyCODING: and individuals subjected to sexual harassment shall be notified that they may submit a complaint to the commission in lieu of or in addition to other reporting procedures.

Agencies shall offer employees subjected to sexual harassment the services of a victim advocate and make reasonable accommodations to protect such employees and individuals from continued sexual harassment or retaliation.

(d) Each agency shall conduct periodic assessments at least every 2 years beginning in 2018 to determine current and Page 21 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 prevalent(c) attitudesAll employees of an agency and behaviorsindividuals relatedsubjected to sexual harassment.harassment shall be notified that they may submit a complaint to the commission in lieu of or in addition to other reporting procedures.

Agencies shall offer employees subjected to sexual harassment the services of a victim advocate and make reasonable accommodations to protect such employees and individuals from continued sexual harassment or retaliation.

(d) Each agency shall conduct periodic assessments at least every 2 years beginning in 2018 to determine current and prevalent attitudes and behaviors related to sexual harassment.

(f) Procedures shall be established for submitting written complaints and initiating official investigations.

An investigation initiated by a written complaint shall be completed within a reasonable timeframe.

1.

The investigation may include a brief, preliminary review with the complainant and a limited number of witnesses before the initiation of a full investigation and notification of the complaint to the individual accused of sexual harassment.

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 However,(f) aProcedures complainantshall maybe notestablished befor requiredsubmitting towritten participatecomplaints inand ainitiating preliminaryofficial review.investigations.

An investigation initiated by a written complaint shall be completed within a reasonable timeframe.

1.

The investigation may include a brief, preliminary review with the complainant and a limited number of witnesses before the initiation of a full investigation and notification of the complaint to the individual accused of sexual harassment.

However, a complainant may not be required to participate in a preliminary review.

TheDetermination written complaint, the identities of theprobable complainantcause andshall witnesses,be anddocumented all information in thewritten recordfindings ofprepared by the investigationinvestigator, which shall be confidentialsufficiently untilspecific probableto causesupport isthe determined.validity of the findings.

5.The written findings may not contain gratuitous details of a sexually explicit nature unless such details are indispensable to the determination of probable cause.

DeterminationTo of probable cause shall be documented in written findings prepared by the investigator,extent whichthat shallsuch bedetails sufficientlyare specificindispensable to support the validitydetermination of theprobable findings,Page but23 may omit information that discloses the identity of the40 complainantCODING: and witnesses or information that is unnecessarily embarrassing.

The written findings shall be made publicly available upon request.

6.

Agency policies and procedures shall provide for a hearing at the request of the individual accused of sexual harassment following a determination of probable cause.

Such policies and procedures must ensure due process for the individual accused of sexual harassment, an opportunity for Page 23 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 legalcause, representation,the andwritten reasonablefindings accommodationsshall tostate protectsuch thedetails complainantas andplain, witnessesunadorned fromstatements retaliation.of fact.

7.5.

Agency policies and procedures shall provide for a hearing at the request of the individual accused of sexual harassment following a determination of probable cause.

Such policies and procedures must ensure due process for the individual accused of sexual harassment, an opportunity for legal representation, and reasonable accommodations to protect the complainant and witnesses from retaliation.

6.

(3) Each agency must maintain a record of all written complaints of sexual harassment for at least as long as personnelPage records24 areof maintained.40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 personnel records are maintained.

The biennial assessment conducted pursuant to paragraph (1)(d) must include Pageaggregated 24and ofde-identified 40data CODING:from the records for the most recent 24-month period.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 aggregated and de-identified data from the records for the most recent 24-month period.

The taskPage force25 shallof meet40 asCODING: many times as necessary to complete the duties prescribed in this section.

The task force is created for the express purpose of supporting the state's efforts to prevent and prohibit sexual harassment.

The Governor, the President of the Senate, and the Speaker of the House of Representatives shall assign staff to assist the task force in the performance of its duties.

Page 25 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 (2)task Theforce Governor,shall themeet Presidentas ofmany thetimes Senate,as andnecessary theto Speakercomplete of the Houseduties ofprescribed Representativesin shallthis eachsection. appoint three members of the task force.

The task force is created for the express purpose of supporting the state's efforts to prevent and prohibit sexual harassment.

The Governor, the President of the Senate, and the Speaker of the House of Representatives shall assign staff to assist the task force in the performance of its duties.

(2) The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint three members of the task force.

(4) The task force shall report its findings and recommendations to the Governor, the President of the Senate, andPage the26 Speaker of the40 HouseCODING: of Representatives at least 30 days before the beginning of the next legislative session.

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 and the Speaker of the House of Representatives at least 30 days before the beginning of the next legislative session.

Page112.3181 26Additional standards for statewide elected officers and legislators.— (1) A statewide elected officer or member of 40the CODING:Legislature may not solicit an employment offer or investment advice arising out of official or political activities engaged in while he or she is an officer or legislator or a candidate for such office, except in the following circumstances:

(a) The officer or legislator may solicit or accept future employment, including professional partnerships, in the last 180 days of his or her term of office if he or she is ineligible to run for reelection or has publicly announced, and filed a letter or other written notice with the qualifying officer with whom reelection qualification papers are filed, that he or she is not and does not intend to become a candidate for reelection.

(b) The officer or legislator may solicit or accept employment from any prospective employer in a profession or occupation in which he or she has formerly engaged, has been Page 27 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 112.3181formally Additionaleducated standards for statewide elected officers and legislators.— (1) A statewide elected officer or membertrained, of the Legislature may not solicit an employment offer or investment advice arising out of official or political activities engaged in while he or she is anlicensed officerunless or legislator or a candidate for such office,employment exceptis inprohibited theby followingother circumstances:general law.

(a) The officer or legislator may solicit or accept future employment, including professional partnerships, in the last 180 days of his or her term of office if he or she is ineligible to run for reelection or has publicly announced, and filed a letter or other written notice with the qualifying officer with whom reelection qualification papers are filed, that he or she is not and does not intend to become a candidate for reelection.

(b) The officer or legislator may solicit or accept employment from any prospective employer in a profession or occupation in which he or she has formerly engaged, has been formally educated or trained, or is licensed unless such employment is prohibited by other general law.

However, the officer or legislator may buy or sell listed, publicly traded Pagesecurities 27of a principal without the advice of 40a CODING:lobbyist or principal unless such action violates s.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 securities of a principal without the advice of a lobbyist or principal unless such action violates s.

(3) A lobbyist or principal who receives a solicitation prohibited by this section by or on behalf of a statewide elected officer or member of the Legislature must disclose such solicitationPage to28 theof commission.40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 solicitation to the commission.

Any new employment with or increased compensation from Pagean 28entity ofthat 40receives CODING:state funds directly by appropriation;

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 an entity that receives state funds directly by appropriation;

With respect to employment or increased compensation accepted or effective betweenPage December29 31,of 2017,40 andCODING: July 1, 2018, the officer or legislator must file such disclosure within 30 days after July 1, 2018.

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 between December 31, 2017, and July 1, 2018, the officer or legislator must file such disclosure within 30 days after July 1, 2018.

Subsection (7) of section 112.3185, Florida PageStatutes, 29is ofrenumbered 40as CODING:subsection (8), subsection (1) and present subsection (8) are amended, and a new subsection (7) is added to that section, to read:

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 Statutes, is renumbered as subsection (8), subsection (1) and present subsection (8) are amended, and a new subsection (7) is added to that section, to read:

(d) "Negotiate" or "negotiation" means a response to an offerPage or30 solicitation of offers40 ofCODING: an employment or contractual relationship, including the submission of a resume, an application, or any other information demonstrating interest on the part of a prospective employee and interviewing or engaging in other communication intended to lead to an offer or acceptance of an employment or contractual relationship.

(e) "Reporting employee" means any agency employee who is a reporting individual or procurement employee, as those terms Page 30 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 areoffer definedor solicitation of offers of an employment or contractual relationship, including the submission of a resume, an application, or any other information demonstrating interest on the part of a prospective employee and interviewing or engaging in s.other communication intended to lead to an offer or acceptance of an employment or contractual relationship.

(e) "Reporting employee" means any agency employee who is a reporting individual or procurement employee, as those terms are defined in s.

(a) A covered officer or reporting employee may solicit a future employment or contractual relationship from or negotiate a future employment or contractual relationship with a restricted employer within 90 days before the expiration of the officer's term of office, if the officer does not seek reappointment, or within 90 days before the officer's or employee's termination or retirement date, if he or she provides notice of termination or retirement to the head of his or her agency, the general counsel or inspector general of his or her Page 31 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 future employment or contractual relationship from or negotiate a future employment or contractual relationship with a restricted employer within 90 days before the expiration of the officer's term of office, if the officer does not seek reappointment, or within 90 days before the officer's or employee's termination or retirement date, if he or she provides notice of termination or retirement to the head of his or her agency, the general counsel or inspector general of his or her agency, or any other officer or attorney designated by the head of his or her agency.

After such disclosure, a covered officer or reporting employee may negotiate an employment or contractual relationshipPage with32 the restricted employer if expressly authorized by the head of his40 orCODING: her agency or the agency head's authorized designee.

Permission may be withheld only if the agency head or his or her authorized designee determines such negotiation poses an actual or potential conflict with the interests of the state or the agency.

(d) This subsection does not authorize any employment or contractual relationship solicitation otherwise prohibited by Page 32 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 generalrelationship law.with the restricted employer if expressly authorized by the head of his or her agency or the agency head's authorized designee.

Permission may be withheld only if the agency head or his or her authorized designee determines such negotiation poses an actual or potential conflict with the interests of the state or the agency.

(d) This subsection does not authorize any employment or contractual relationship solicitation otherwise prohibited by general law.

the State BoardPage 33 of Education;40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 Board of Education;

(f) "Lobbying" "Lobbies" means seeking, on behalf of another person, to influence an agency with respect to a decision of the agency in the area of policy or procurement or an attempt to obtain the goodwill of an agency official or Pageemployee. 33 of 40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 employee.

An attorney, or any person, who represents a client in aPage judicial34 proceeding or in a formal administrative proceeding conducted pursuant to chapter 120 or any other formal hearing before an agency, board, commission, or authority of this40 state.CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 a judicial proceeding or in a formal administrative proceeding conducted pursuant to chapter 120 or any other formal hearing before an agency, board, commission, or authority of this state.

A confidential informant who is providing, or wishes to Pageprovide, 34confidential ofinformation 40to CODING:be used for law enforcement purposes.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 provide, confidential information to be used for law enforcement purposes.

The principal or principal's representative shall also identify and designate its main business pursuant to the NorthPage American35 Industryof Classification40 SystemCODING: (NAICS) six-digit numerical code that most accurately describes the principal's main business.

Registration is not complete until the commission receives the principal's authorization and the registration fee on the statement authorizing that lobbyist pursuant to a classification system approved by the commission.

The registration shall require each lobbyist to attest to disclose, under oath, the following information:

Page 35 of 40 CODING:

hb7007-01-c1hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 7007 2018 (a)North FullAmerican legalIndustry name,Classification e-mailSystem address,(NAICS) telephonesix-digit number,numerical Namecode andthat businessmost address;accurately describes the principal's main business.

Registration is not complete until the commission receives the principal's authorization and the registration fee on the statement authorizing that lobbyist pursuant to a classification system approved by the commission.

The registration shall require each lobbyist to attest to disclose, under oath, the following information:

(a) Full legal name, e-mail address, telephone number, Name and business address;

Each lobbying firm shall file a compensation report with the commission for each calendar quarter during any portion of which one or more of the firm's lobbyists were registeredPage to36 representof a40 principal.CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 registered to represent a principal.

$50,000 to Page$99,999; 36 of 40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 $99,999;

The lobbying firm providing the work to be subcontractedPage shall37 beof treated40 asCODING: the reporting lobbying firm's principal for reporting purposes under this paragraph;

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 subcontracted shall be treated as the reporting lobbying firm's principal for reporting purposes under this paragraph;

Page(7) 37A lobbyist shall promptly send a written statement to the commission canceling the designation of 40registration CODING:for a principal in his or her registration upon termination of such the lobbyist's representation of that principal.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 (7) A lobbyist shall promptly send a written statement to the commission canceling the designation of registration for a principal in his or her registration upon termination of such the lobbyist's representation of that principal.

(b)Page All38 proceedings, the complaint, and other records relating to the investigation are confidential and exempt from the provisions of s.40 CODING:

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 (b) All proceedings, the complaint, and other records relating to the investigation are confidential and exempt from the provisions of s.

I of the State Constitution either until the alleged violator requests in writing that such investigation and associated records and meetings be made public or until the Pagecommission 38determines, ofbased 40on CODING:the investigation, whether probable cause exists to believe that a violation has occurred.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 commission determines, based on the investigation, whether probable cause exists to believe that a violation has occurred.

Records relating to an audit conducted pursuant to thisPage section39 orof an40 investigationCODING: conducted pursuant to this section or s.

Words stricken are deletions;

words underlined are additions.

hb7007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7007 2018 this section or an investigation conducted pursuant to this section or s.

The exemptions no longer apply if the lobbying firm requests in writing that such investigation and associated Pagerecords 39and meetings be made public or the commission determines there is probable cause that the audit reflects a violation of 40the CODING:reporting laws.

Words stricken are deletions;

words underlined are additions.

hb7007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7007 2018 records and meetings be made public or the commission determines there is probable cause that the audit reflects a violation of the reporting laws.

hb7007-01-c1hb7007-02-c2