BILL SUMMARY DETAILS

Florida League of Cities

Government Accountability (Monitor)

SB 734 (Ingoglia) and CS/HB 735 (Andrade) impose restrictions on the renewal or extension of contracts for the chief executive officer of a municipality and the municipal general counsel; lobbyist registration requirements for lobbying counties, municipalities or special districts; and revise physical quorum requirements for public meetings. The bills prohibit a person from lobbying a county, municipality, or special district unless he or she is registered as a lobbyist with such entity. “Lobby” is defined as seeking, on behalf of another person or group, to influence a decision of the governing entity in an area of policy or procurement or in an attempt to obtain the goodwill of an official or employee of such entity. “Lobbyist” has the same meaning as in Section 112.3215(1). A municipality, county, or special district may use the state’s executive or legislative branch lobbyist registration forms, or it may develop its own lobbyist registration form that requires disclosure of the name and address of the lobbyist, the name and address of the principal, and the existence of any direct or indirect business association or financial relationship the lobbyist has with any officer or employee of the county, municipality, or special district. The municipality, county or special district must make available to the public copies of lobbyist registrations and, if the entity maintains a website, it must make the information available on its website. The local lobbyist registration must be filed electronically with the Florida Commission on Ethics. The bill authorizes a municipality, county or special district to impose a lobbyist registration fee not to exceed $40 for each principal represented. The bill authorizes the Florida Commission on Ethics or the county or municipality’s local ethics commission to investigate violations of the registration requirements. It specifies that it does not preempt or supersede any ordinance or charter provision establishing a lobbyist registration program before July 2024, but provides that the state law prevails over a conflicting local requirement. An ordinance may include additional or more stringent disclosure requirements. The bills prohibit public officers, public employees, a local government attorney, or candidate for nomination or election from soliciting or accepting anything of value from a foreign country of concern. The bills prohibit the governing body of a municipality from renewing or extending the employment contract of a chief executive officer of the municipality during the eight months immediately preceding a general election for the mayor or for members of the governing body unless the renewal or extension is approved by a unanimous vote. In addition, the bills prohibit the governing body of a municipality from renewing or extending the employment contract of a municipal general counsel during the eight months immediately preceding a general election for mayor or for members of the governing body unless the renewal or extension is approved by a unanimous vote. The bills specify that when at least two members of the governing body are physically present, a member of the governing body may be considered present if, by the use of any technology, the member can participate in the deliberation of the governing body. The bills define “present” as meaning that a member of a governing body has, for the purpose of determining a quorum, the ability to participate meaningfully in the deliberation of the governing body, either by physical presence at the meeting or by his or her use of technology that allows the member to see, hear and speak at the meeting as if physically present. (O’Hara)