BILL SUMMARY DETAILS

HB 1149 (DiCeglie) and SB 1702 (Diaz) amend multiple provisions related to local government financial transparency. The bills expand public notice and public hearing requirements for local option tax increases, other than property taxes and taxes adopted by referendum, and new long-term tax-supported debt issuances. Each local government is required to prominently post on its website the voting records on any action taken by its governing board related to tax increases and new tax-supported debt issuances. The bills impose requirements on county property appraisers and local governments relating to Truth in Millage (TRIM) notices, millage rate history and the amount of tax levied by each taxing authority on each parcel.

Additionally, local governments will be required to conduct a debt affordability analysis prior to approving the issuance of new long-term tax-supported debt. The bills require the local government annual audit reports to include information regarding compliance with the requirements of this newly created section of law. Failure to comply would result in the withholding of state-shared revenues. The bills revise the local government reporting requirements for economic development incentives. They require each municipality to report to the Office of Economic and Demographic Research whether the incentive is provided directly to an individual business or by another entity on behalf of the local government and the source of dollars obligated for the incentive (including local, state and federal). (Hughes)

HJR 477 (Rommel) proposes an amendment to the Florida Constitution requiring that any local tax or fee that is imposed, authorized or raised by a local jurisdiction, including municipalities, be approved by two-thirds of the membership of the jurisdiction. “Fee” is defined as any charge or payment required by ordinance or regulation. The proposed amendment requires any local tax or fee imposed or raised under this section to be contained in a separate resolution or ordinance. This proposed amendment would require 60 percent approval of the electorate for passage. (Hughes)

HB 701 (Fischer) and SB 1174 (Hutson) reform the communications services tax (CST) to clarify that certain streaming services are subject to the tax and create uniform rates. The bills reduce the local CST rate to 5% or less by January 1, 2021, and 4% or less by January 1, 2022. The bills also reduce the state CST rate from 4.92% to 4.9% and the noncharter county CST rate to 2% by January 1, 2022. The bills repeal the local option sales surtax conversion that is levied on communications services. The Revenue Estimating Conference has partially determined the fiscal impact of this bill. It is estimated to negatively impact local government revenues by $190 million each year. (Hughes)

SB 516 (Gruters) – Campaign Financing

HB 491 (Payne) – Disposition of Surplus Funds by Candidates

SB 1162 (Cruz) – Legislature

SB 1110 (Baxley) and HB 1325 (Aloupis)– Repeal of Public Campaign Financing Requirement

SB 1108 (Baxley) – Campaign Finance

SB 1312 (Montford) and HB 1005 (Byrd) – Voting Systems

HB 1305 (Thompson) and SB 1806 (Stewart) – Elections

SB 1354 (Brandes) – Statewide Voter Registration Application

SB 1816 (Powell) – Free and Fair Elections

HB 1159 (Hill) – Vote-by-Mail Ballots

SB 1820 (Rader) – Mail Ballot Elections

SB 1840 (Powell) – Election Security Measures

SB 1850 (Rodriguez) would require a state officer who abstains from voting due to a prohibited conflict to publicly disclose, prior to the vote being taken, the nature and manner of the conflict. The bill amends voting conflict disclosure requirements for local officers by requiring the disclosure of the time and manner in which the officer became aware of the conflict. (O’Hara)

HB 1417 (Polo) amends the conflicting and continuing conflict employment provisions of the state Code of Ethics for Public Officers and Employees. It provides that officers of a legislative body may not receive compensation for serving on a board, commission, committee, council or authority, other than his or her assigned legislative committee, as part of his or her employment or contractual relationship with an entity that is regulated by another agency (and not the legislative body). (O’Hara)

SB 1538 (Gruters) and CS/HB 1111 (Tomkow) establish various provisions to promote integrity in government and to prevent fraud, waste and abuse relating to the expenditure of public funds. The bills create the Florida Integrity Office and the position of Florida integrity officer within the Office of the Auditor General. The bills authorize the integrity officer to investigate complaints alleging waste, fraud, abuse, misconduct or gross mismanagement (as defined in the bills) in connection with the expenditure of public funds within and by state and local government. The bills authorize the integrity officer to refer a matter to the auditor general, the appropriate law enforcement agency, the Commission on Ethics, the chief financial officer, the Office of the Chief Inspector General or the appropriate agency inspector general. The bills direct the auditor general and the integrity officer to conduct random audits and inspections of appropriations projects appropriated in the prior year. The bills authorize the auditor general and the Florida integrity officer to investigate or audit the activities of any political subdivision, unit of local authority or local council or commission. The bills amend the definition for “abuse” and define “misconduct” relating to audits by the auditor general. The bills define “fraud,” “waste,” “abuse” and “misconduct” relating to duties of the chief inspector general and provide procedures for the Inspector General to report on activities by public officials or agencies to the Florida integrity officer. The bills impose personal liability for repayment of funds upon persons or officials responsible for determinations of fraud, waste, abuse, mismanagement or misconduct in government. The bills authorize the chief financial officer to commence investigations based on complaints or referral from any source. The bills require reporting from agency inspectors general on savings or recovery of public funds resulting from reports under the state Whistleblower Act. The bills remove “gross mismanagement” from the definitions of mismanagement in the state Whistleblower Act and specify conditions for whistleblower awards. The bills require certain proposals that exceed $50,000 that are exempted from competitive procurement requirements to include a good faith estimate of gross profit for each year of the proposed contract and require the procuring agency to make a written determination that the estimated gross profit is not excessive prior to awarding the contract. The bills prohibit the use of state or local incentive funds to be paid to a state contractor or subcontractor for services provided or expenditures incurred pursuant to a state contract. (O’Hara)

HB 1113 (Beltran) and CS/CS/SB 1270 (Lee) create a new statute establishing standards for the fiduciary duty of care for appointed public officers and executive officers of specified governmental entities. “Appointed public official” is defined to include “state officers” as well as “local officers,” such as appointed members of the governing body of a municipality, a board authorized to enforce local code provisions, a board having the power to recommend, create or modify land planning or zoning (but not citizen advisory committees) and community redevelopment boards. “Executive officer” is defined as the chief executive officer of a governmental entity. The bills provide that each appointed public official and executive officer has a fiduciary duty of care to the governmental entity served and has a duty to act in accordance with laws and terms governing the office or employment, act with the care and competence normally exercised by reasonably prudent persons in similar corporate positions, act only within the scope of authority, refrain from conduct likely to damage the economic interests of the governmental entity. Further, such persons must become reasonably informed in connection with any decision-making function and keep reasonably informed concerning the performance of a governmental entity’s officers, agents and employees. The bills impose training requirements on appointed public officers and executive officers that require completion of at least five hours of board governance training per term served. The bills require the Department of Business and Professional Regulation to approve a web-based training program or publish a list of approved training providers. The bills specify the minimum content of such training programs, including board governance best practices and fiduciary duty of care and liabilities imposed by the new law. The bills provide that governmental entities with annual revenues of less than $300,000 may have governance training provided by in-house counsel of the governmental entity. Governmental entities whose annual revenues are less than $100,000 and appointed officials who hold elected office in another capacity are exempt from the training requirement. The bills provide that all legal counsel employed by a governmental entity must represent the legal interest and position of the governing body of the governmental entity and not the interest of any individual or employee of the governmental entity, unless such representation is directed by the governmental entity. (O’Hara)

CS/HB 1185 (Brannon) and SB 1530 (Baxley) make changes to the Code of Ethics for Public Officers and Employees (Code). The bills prohibit a governmental entity or person acting on its behalf, or an elected official, from authorizing the use of an elected official’s name, likeness or other symbol of office in a public service announcement during the elected official’s qualifying period prior to election or re-election, if such announcement is paid for with public funds or if the time or space for such announcement is donated by the media. The bills provide exceptions for certain charitable organizations, bona fide news events and publicly broadcasted debates. The bills modify the conflicting employment or contractual relationship prohibition in the Code to provide that a public officer or employee may not hold an employment or contractual relationship with an entity that is subject to the regulation of or is doing business with the officer or employee’s agency, rather than any agency. The bills clarify the continuing conflicts prohibition in the Code and require disclosure by an agency or solicited business entity if a public officer or employee solicits an employment or a contractual relationship that is prohibited by the Code and provide such disclosure may be investigated by the Commission on Ethics as if it was a complaint. The bills provide additional standards and disclosures for statewide elected officers, legislators, state officers and state agency employees regarding solicitation of employment while an officer or candidate for office and authorize the Commission to investigate a disclosure as if it was a complaint. The bills modify lobbyist registration and reporting requirements applicable to lobbying before the executive branch. (O’Hara)

HB 7009 (Committee on Public Integrity & Ethics) and SB 7006 (Ethics and Elections Committee) reenact provisions of the Florida Code of Ethics for Public Officers and Employees that provide penalties for violations of the statute. Re-enactment of the provision will make the statutory penalties applicable to amendments to the Florida Constitution by Amendment 12 adopted in the 2019 general election, which prohibits a public officer or public employee from abusing her or her public office to obtain a disproportionate benefit. (O’Hara)

SB 442 (Rader) requires a universal primary to be held to select candidates for any state office, U.S. representative or senator, or any county, municipal or district office. The bill requires all candidates to appear on a single ballot. The two candidates receiving the highest and next highest number of votes for that office would advance to the general election, regardless of party affiliation. The bill permits all qualified electors, regardless of party affiliation, to vote in the primary election. (O’Hara)

CS/SB 1490 (Bradley) and HB 1435 (Williamson) authorize specified reporting individuals or procurement employees as defined in the Code of Ethics (but not including any elected officer) to accept gifts or compensation to be used toward costs incurred due to serious bodily injury or disease of the individual or child of such person. The bills authorize any legislative or executive branch lobbyist or principal to make, and an employee of the legislative or executive branch to accept, expenditures for donations toward care and treatment of a serious bodily injury or illness of the employee or child of the employee. (O’Hara)

SB 768 (Perry) is linked to SB 766 (Perry). SB 768 establishes a statewide local government lobbyist registration fee. It provides the fee may not exceed $40 for each principal represented for one county and governmental entities therein or exceed $5 for each principal represented for each additional county and governmental entities therein. The bill prohibits a local government from charging a fee for the registration of lobbyists or principals, or for the enforcement of lobbyist regulation except as may be reasonable and necessary to cover the cost of such enforcement. Enforcement fees may be charged only if enforcement action is initiated and are limited to the direct and actual cost of the enforcement action. (O’Hara)

CS/SB 1372 (Brandes) makes technical, election administration changes recommended by the Florida State Supervisors of Elections Association for the 2020 general election cycle. In addition, the bill expressly preempts a local government from enacting or imposing any limitation on contributions to a political committee or electioneering communications organization, or limitations on any expenditures for an electioneering organization or an independent expenditure. (O’Hara)

SB 766 (Perry) and HB 611 (Sabatini) impose mandatory lobbyist registration requirements on all governmental entities as defined in the bill, including all municipalities and counties. The bills also amend statutory meeting notice requirements for cities and counties.

The bills require the Florida Commission on Ethics to create the Local Government Lobbyist Registration System, and beginning October 2020, any local government lobbyist registration ordinance or requirement is preempted by the state system. The bills define lobbying, provide exceptions and specify activities that do not constitute lobbying.

A person may not lobby a government entity (which includes any municipality or county) until the person has electronically registered as a lobbyist with the commission. The bills appear to prohibit separate registration fees for each municipality in a county, as they authorize separate registration submissions for each county and prohibits additional fees for governmental entities within each county. The bills specify information to be included in the lobbyist registration. Registration is renewable annually and must include authorization from each principal identified. HB 611 directs the Commission on Ethics to set the annual lobbying registration fee by rule but provides the fee shall not exceed $20 for each principal represented within a county and governmental entities therein and that it may not exceed $5 for each additional principal represented. Registration fee limits and penalty amounts are addressed in a separate Senate bill, SB 768 (Perry).
 

The bills require the commission to publish lobbyist registration information on the internet. It requires a governmental entity to make reasonable efforts to ascertain whether a person who lobbies that entity is registered with the commission. Upon discovery of a violation of requirements of these provisions, the bill authorizes a person or governmental entity to file a complaint with the commission. If probable cause is found, a person may be subject to reprimand, censure, assessment of a civil penalty not to exceed $500 per violation or suspension from lobbying for a specified period. HB 611 authorizes governmental entities to impose additional civil penalties not to exceed $500 per violation or a suspension from lobbying the entity for up to two years.

The bills prohibit a governmental entity from requiring classes, certifications or additional requirements as a requisite for lobbyist registration. They authorize a governmental entity to require lobbyist compensation reporting and disclosure of lobbyist contacts with government officials and authorizes restrictions on the exchange of money or things of value between lobbyists and government officials.
 

By January 2021, a governmental entity shall notify the commission of any local requirement that imposes additional or more stringent obligations with respect to lobbyist compensation reporting or other lobbying activities and provide this information and any associated forms to the commission. By January 2022, each governmental entity shall conform its lobbyist regulation system, if any, to the commission’s system to eliminate duplicative requirements. The bill authorizes the commission to adopt rules to implement its provisions.

Lastly, the bills amend statutory meeting notice requirements for municipalities and counties. Except in the case of emergency meetings, the governing body of a municipality or governing board of a county must provide notice of any meeting of the body or board at least seven days in advance by posting a notice on body or board’s website. The meeting notice must include a statement of the general subject matter to be considered by the body or board. (O’Hara)

SB 264 (Farmer) – Strategic Fuel Reserve 

SB 402 (Harrell) and HB 767 (Grant, M.) – Assisted Living Facilities

SB 1272 (Montford) – Statewide Emergency Shelter Task Force

SB 752 (Bean) and HB 705 (Killebrew) – Emergency Sheltering of Persons with Pets

CS/CS/SB 538 (Diaz) and CS/HB 865 (Rodriguez, Anthony) require a municipality or county to report certain emergency incidents to the State Watch Office within the Division of Emergency Management as soon as practicable following the initial response of the local government. The DEM will be required to notify county and municipal emergency mangers, the speaker of the House of Representatives and the president of the Senate when the list of reportable incidents is amended by the division director. (Branch)

SB 272 (Rodriguez) creates an exception to a state preemption preventing local governments from regulating hoisting equipment at local worksites. This preemption would not apply as it relates to precautions specific to hurricane preparedness. (Branch)

CS/SB 502 (Montford) creates the Hurricane Michael Recovery Task Force under the Division of Emergency Management. The purpose of the task force is to make recommendations to the Legislature regarding additional assistance needed from the effects of Hurricane Michael. (Branch)

CS/SB 1258 (Diaz) and CS/CS/HB 915 (Avila) revise several provisions to enhance transparency and accountability for large-hub commercial service airports. The bills require that at least once every seven years the auditor general conduct operational and financial audits of the state’s large-hub commercial service airports. The bills also require the members of the governing bodies of large-hub commercial service airports to submit the more detailed financial disclosure (Form 6) to the Commission on Ethics. The bills mandate the governing body of each commercial service airport to establish and maintain a website containing specified information including meeting notices, agendas, approved budgets and certain documents submitted to the Federal Aviation Administration. (Branch)