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/HB735CS/HB735 2024 A bill to be entitled An act relating to government accountability;
amending s.
112.3144, F.S.;
providing that beginning on a date certain, only certain mayors and elected members of the governing bodies of municipalities are required to file full and public disclosures of financial interests;
prohibiting a person from lobbying a county, municipality, or special district unless he or she is registered as a lobbyistlobbyist; with the Commission on Ethics;
requiring thethat commission to make lobbyist registrations be made available to the publicpublic; on its website;
authorizing a county, municipality, or special district to establish a lobbyist registration fee;
requiring a Commission on Ethics and Public Trust established by a county or municipality or the commissionCommission on Ethics to investigate a lobbyist or principal upon receipt of a sworn complaint containing certain allegations;
requiring a Commission on Ethics and Public Trust or the commissionCommission on Ethics, as applicable, to provide the chief executive officer of the county or municipality or the governing body of the special Page 1of 2423 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 the special district with a report on the findings and recommendations arising out of the investigation;
authorizing counties and municipalities to adopt ordinances, and special districts to adopt rules, governing lobbyist registration and fees;
166.031, F.S.;
requiring the governing body of a municipality to place certain proposed amendments to a vote of the electors at the next general election, municipal election, or special election, whichever is earliest;
amending s.
prohibiting a district school board from renewing or extending the employment contract of a Pagedistrict 2ofschool 24superintendent CODING:during a specified timeframe;
providing an exception;
creating Page 2of 23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 districts. school superintendent during a specified timeframe;
providing an exception;
creating s.
28.35(1)(b), 112.3136(1), 112.3251, 288.012(6)(d), 288.8014(4), 288.9604(3)(a), 295.21(4)(d), 406.06(5), 447.509(1)(d), 627.311(5)(m), 1002.33(26)(a), 1002.333(6)(f), and 1002.83(9), F.S., relating to members of the executive council of the Florida Clerks of Court Operations Corporation, standards of conduct for officers and employees of entities serving as chief administrative officers of political subdivisions, the ethics code and standards of conduct for citizen support and direct-support organizations, senior managers and members of the board of directors of the direct-support organization of State of Florida international offices, standards of conduct for members of the board of directors of Triumph Gulf Coast, Inc., directors of the Florida Development Finance Corporation, standards of conduct for the board of directors of Florida Is For Veterans, Inc., standards of conduct for district and associate medical examiners, prohibited actions of employee organizations, their members, agents, representatives, Page 3of 2423 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 medical examiners, prohibited actions of employee organizations, their members, agents, representatives, or persons acting on their behalf, standards of conduct for senior managers, officers and members of the board of governors of the Office of Insurance Regulation, standards of conduct and financial disclosure for members of a governing board of a charter school, those operating schools of hope, and standards of conduct for members of an early learning coalition, respectively, to incorporate the amendments made to s.
8987 Be It Enacted by the Legislature of the State of Florida:
9189 Section 1.
(b) "Public officer" includes any person elected or appointed to hold office in any agency, including any person Pageserving 4ofon 24an CODING:advisory body.
(2) SOLICITATION OR ACCEPTANCE OF GIFTS.— Page 4of 23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 serving(a) onA No public officer, an advisoryemployee body.of an agency, a local government attorney, or a candidate for nomination or election may not shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.
(2) SOLICITATION OR ACCEPTANCE OF GIFTS.— (a) A No public officer, an employee of an agency, a local government attorney, or a candidate for nomination or election may not shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.
Paragraph (d) of subsection (1) of section 112.3144, Florida Statutes, is amended to read:
112.3144 Full and public disclosure of financial interests.— (1) (d) Beginning January 1, 2025 2024, the following local officers must comply with the financial disclosure requirements of s.
8, Art.
II of the State Constitution and this section:
1.
Mayors of counties and mayors of municipalities with populations of more than 500 persons.
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hb0735-02-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/HB735 2024 2.
Elected members of the governing body of a municipality with a population of more than 500 persons.
Section 3.
(b)Page "Lobbyist"5of has23 theCODING: same meaning as in s.
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hb0735-01-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/HB735 2024 (b) "Lobbyist" has the same meaning as in s.
(2) A person may not lobby a county, municipality, or special district unless he or she is registered as a lobbyist with thesuch commissionentity. to lobby a county, municipality, or special district.
The commission must note in a public database that such person is registered to lobby a county, municipality, or special district.
Such person shall, at the time of registration, provide a statement signed by the principal or Pageprincipal's 6ofrepresentative 24stating CODING:that the registrant is authorized to represent the principal.
WordsThe strickenarestatement deletions;must also identify and designate the principal's main business and authorize the registrant pursuant to a classification system approved by the county, municipality, or special district, as applicable.
wordsAny underlinedchanges arein additions.the information provided pursuant to this subsection must be disclosed within 15 days after the change occurs by filing a new registration form.
hb0735-02-c2The Fregistration Lform Omust Rrequire Ieach Dlobbyist Ato Hdisclose, Ounder Uoath, Sall Eof O F R E P R E S E N T A T I V E S CS/CS/HB735 2024 principal's representative stating that the registrantfollowing isinformation: authorized to represent the principal.
The statement must also identify and designate the principal's main business and authorize the registrant pursuant to a classification system approved by the commission.
A lobbyist must disclose any changes in the information provided pursuant to this subsection within 15 days after the change occurs by filing a new registration form.
The lobbyist must disclose, under oath, on a lobbyist registration form used by the commission, all of the following information:
(3)Page The6of commission23 shallCODING: make the registrations of lobbyists who register to lobby a county, municipality, or special district available to the public on its website.
(4) A lobbyist shall promptly send a written statement to the commission canceling the registration for a principal upon termination of the lobbyist's representation of that principal.
The commission may remove the name of a lobbyist from the list of registered lobbyists for counties, municipalities, and Page 7of 24 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 special(3) districtsIn iflieu theof principalcreating notifiesits theown commissionlobbyist thatregistration form, a personcounty, ismunicipality, noor longerspecial authorizeddistrict tomay representaccept thata principalcompleted beforelegislative suchbranch entity.or executive branch lobbyist registration form.
(5)(4) A county, municipality, or special district mustshall bemake diligentlobbyist inregistrations determiningavailable whether persons required to register with the commissionpublic. pursuant to this section have complied.
AIf a county, municipality, or special district maymaintains not knowingly authorize a personwebsite, whothe iswebsite notmust registeredmake pursuantavailable toa thisdatabase sectionof tocurrently lobbyregistered thelobbyists county,and municipality,principals. or special district.
(6)(5) UponA receiptlobbyist ofshall apromptly swornsend complaint alleging that a lobbyistwritten orstatement principal has failed to register with the commission to lobby a county, municipality, or special district, oras hasapplicable, knowinglycanceling submittedthe falseregistration informationfor in a reportprincipal orupon registrationtermination requiredof under this section, the commissionlobbyist's shallrepresentation investigateof thethat lobbyistprincipal. or principal pursuant to the procedures established under s.
A county, municipality, or special district may remove the name of a lobbyist from the list of registered lobbyists if the principal notifies the county, municipality, or district that a person is no longer authorized to represent that principal.
(6) A county, municipality, or special district may establish an annual lobbyist registration fee, not to exceed $40, for each principal represented.
The county, municipality, or special district may use registration fees only to administer this section.
(7) A county, municipality, or special district must be diligent in ascertaining whether persons required to register pursuant to this section have complied.
A county, municipality, Page 7of 23 CODING:
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hb0735-01-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/HB735 2024 or special district may not knowingly authorize a person who is not registered pursuant to this section to lobby the county, municipality, or special district.
(8)(a) Upon receipt of a sworn complaint alleging that a lobbyist or principal has failed to register with a county or municipality or has knowingly submitted false information in a report or registration required under this section, a Commission on Ethics and Public Trust established by the county or municipality or, if the county or municipality has not established such a commission, the Commission on Ethics shall investigate the lobbyist or principal pursuant to the procedures established under s.
The commission shall provide the chief executive officer of the county or municipality or the governing body of the special district with a report of its findings and recommendations arising out of any investigation conducted under this subsection.
The chief executive officer of the county or municipality or the governing body of the special district may enforce the commission's findings and recommendations.
(7)(b) ThisUpon sectionreceipt doesof nota preemptsworn complaint alleging that a lobbyist or supersedeprincipal anyhas ordinancefailed to register with a special district or charterhas provisionknowingly establishingsubmitted false information in a report or registration required under this section, the commission shall investigate the lobbyist Pageor 8ofprincipal 24pursuant CODING:to the procedures established under s.
112.324.
The commission shall provide the governing body of the special district with a report of its findings and recommendations arising out of any Page 8of 23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 registrationinvestigation programconducted adoptedunder beforethis Januarysubsection. 1, 2025.
SectionThe 4.governing body of the special district may enforce the commission's findings and recommendations.
(9) Counties and municipalities may adopt ordinances, and special districts may adopt rules, to establish procedures to govern the registration of lobbyists, including the adoption of forms and the establishment of a lobbyist registration fee.
(10) This section does not preempt or supersede any ordinance or charter provision establishing a lobbyist registration program adopted before July 1, 2024, but this section shall prevail to the extent of any conflict.
In accordance with s.
112.326, any ordinance or rule adopted pursuant to this section may include additional or more stringent disclosure requirements so long as the requirements do not otherwise conflict with this section.
Section 3.
SectionPage 5.9of 23 CODING:
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hb0735-01-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/HB735 2024 Section 4.
Section 6.5.
166.021 Powers.— (9)(a) The governing body of a municipality may not renew or extend the employment contract of a chief executive officer Pageof 9ofthe 24municipality CODING:during the 8 months immediately preceding a general election for the municipal mayor or for members of the governing body of the municipality unless the governing body approves such renewal or extension by a unanimous vote.
Words strickenare deletions;
words underlined are additions.
hb0735-02-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/HB735 2024 of the municipality during the 8 months immediately preceding a general election for the municipal mayor or for members of the governing body of the municipality unless the governing body approves such renewal or extension by a unanimous vote.
Section 7.6.
Subsection (1)(2) of section 166.031,1001.50, Florida Statutes,Page is10 amendedof23 toCODING: read:
166.031 Charter amendments.— (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality.
The governing body of the municipality must shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held in the county, the next municipal election, within the municipality or at a special election called for such purpose, whichever is earliest.
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hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 SectionStatutes, 8.is amended to read:
Subsection (2) of section 1001.50, Florida Statutes, is amended to read:
Section 9.7.
Section 10.8.
112.061 Per diem and travel expenses of public officers, Page 11 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 112.061 Per diem and travel expenses of public officers, employees, and authorized persons;
339.175 or any other separate legal or administrative Pageentity 12created of24pursuant CODING:to s.
339.175 of which a metropolitan Page 12 of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 entityplanning createdorganization pursuantis toa s.member, by the enactment of a resolution.
339.175 of which a metropolitan planning organization is a member, by the enactment of a resolution.
Section 11.9.
The executive council shall also include, as ex officio members, a designee of the President of the Senate and a designee of the Speaker of the House of PageRepresentatives. 13 of24 CODING:
The Chief Justice of the Supreme Court shall Page 13 of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 Representatives.designate one additional member to represent the state courts system.
The Chief Justice of the Supreme Court shall designate one additional member to represent the state courts system.
Section 12.10.
(1) Section 112.313, and their "agency" is the political Page 14 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 (1) Section 112.313, and their "agency" is the political subdivision that they serve;
Section 13.11.
Section 14.12.
For the purpose of incorporating the amendments made by this act to section 112.313, Florida Statutes, in references thereto, paragraph (d) of subsection (6) Page 15 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 Statutes, in references thereto, paragraph (d) of subsection (6) of section 288.012, Florida Statutes, is reenacted to read:
Further, each member of the board of directors who is not otherwise required to file financial Page 16 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 of directors who is not otherwise required to file financial disclosures pursuant to s.
Section 15.13.
775.083, for a person to accept appointment to the board of directors in violation of this subsection or to accept a direct interest in any contract, Page 17 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 this subsection or to accept a direct interest in any contract, franchise, privilege, project, program, or other benefit granted by Triumph Gulf Coast, Inc., to an awardee within 6 years after the termination of his or her service on the board.
Section 16.14.
Section 17.15.
For the purpose of incorporating the amendments made by this act to section 112.313, Florida Statutes, in references thereto, paragraph (d) of subsection (4) Page 18 of24of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 Statutes, in references thereto, paragraph (d) of subsection (4) of section 295.21, Florida Statutes, is reenacted to read:
Page112.3144 19shall of24file CODING:a statement of financial interests under s.
Page 19 of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 112.3144112.3145. shall file a statement of financial interests under s.
112.3145.Section 16.
Section 18.
Section 19.17.
Section 20.18.
For the purpose of incorporating the amendments made by this act to section 112.313, Florida Statutes, in references thereto, paragraph (m) of subsection (5) Pageof 20section of24627.311, CODING:Florida Statutes, is reenacted to read:
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hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 of627.311 sectionJoint 627.311,underwriters Floridaand Statutes,joint isreinsurers; reenacted to read:
627.311 Joint underwriters and joint reinsurers;
112.313, an employee, officer, owner, or director of an insurance agency, insurance company, or other insurance entity may be a member of the board of governors unless such employee, officer, owner, or director of an insurance agency, insurance company, other insurance entity, or an affiliate provides policy issuance, policy administration, underwriting, claims handling, or payroll Pageaudit 21services. of24 CODING:
Notwithstanding s.
112.3143, such board member Page 21 of23 CODING:
hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 auditmay services.not participate in or vote on a matter if the insurance agency, insurance company, or other insurance entity would obtain a special or unique benefit that would not apply to other similarly situated insurance entities.
NotwithstandingSection s.19.
112.3143, such board member may not participate in or vote on a matter if the insurance agency, insurance company, or other insurance entity would obtain a special or unique benefit that would not apply to other similarly situated insurance entities.
Section 21.
Section 22.20.
The student assessment program and school grading Pagesystem. 22 of24 CODING:
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hb0735-02-c2hb0735-01-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/CS/HB735CS/HB735 2024 system.2.
2.
Section 23.21.
PageSection 2322. of24 CODING:
This act shall take effect July 1, 2024.
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hb0735-02-c2hb0735-01-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/CS/HB735 2024 Section 24.
This act shall take effect January 1, 2025.
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hb0735-02-c2