HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 735 Government Accountability
SPONSOR(S): State Affairs Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Andrade
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 734
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 14 Y, 0 N, As CS Roy Darden
Districts Subcommittee
2) State Affairs Committee 14 Y, 3 N, As CS Skinner Williamson
SUMMARY ANALYSIS
The Code of Ethics for Public Officers and Employees (Code of Ethics) establishes ethical standards for public
officials and is intended to ensure that public officials conduct themselves independently and impartially, not
using their offices for private gain other than compensation provided by law.
Current law requires lobbyists to register to lobby the executive and legislative branches of state government.
Lobbyists must annually register for each principal represented and indicate the entities to be lobbied.
Lobbyists who do not follow registration and reporting requirements may be subject to penalties, including fines
and being prohibited from lobbying for a period of time. There are currently no provisions in state law governing
lobbying requirements for local governments, although many local governments have adopted their own
lobbying requirements.
Public officers, state agency employees, local government attorneys, and candidates for office are prohibited
from soliciting or accepting anything of value, including gifts, loans, rewards, promises of future employment,
favors, or services, based upon an understanding that their vote, official action, or judgment would be
influenced.
State agencies and political subdivisions must report any grant or gift over $50,000 from any foreign source
and are prohibited from receiving grants from a country that has been designated as a “foreign country of
concern” or any entity controlled by such a country.
The bill:
 Prohibits public officers, state agency employees, local government attorneys, and candidates for
office from soliciting or accepting anything of value from a foreign country of concern.
 Requires that, beginning January 1, 2025, mayors of municipalities and the elected members of a
municipality’s governing body only have to file full and public disclosure of their financial interest if the
municipality has a population of more than 500 persons.
 Establishes requirements for lobbying before counties, municipalities, and special districts that mirror
requirements for lobbying the executive branch, such as requiring registration and investigation for
noncompliance.
 Prohibits counties, municipalities, and school districts from renewing or extending the employment
contracts of certain senior employees during the eight-month period preceding a general election,
unless the renewal or extension is approved by a unanimous vote of the governing board.
 Requires governing bodies of municipalities to place proposed charter amendments on the ballot at the
next general election held in the county, the next municipal election, or a special election called for that
purpose, whichever occurs first.
The bill will have an indeterminate, but likely significant, fiscal impact on state government expenditures. See
Fiscal Comments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
The Code of Ethics for Public Officers and Employees
The Code of Ethics for Public Officers and Employees (Code of Ethics) 1 establishes ethical standards
for public officials and is intended to ensure that public officials conduct themselves independently and
impartially, not using their offices for private gain other than compensation provided by law. 2 The Code
of Ethics pertains to various ethical issues, such as ethics trainings, voting conflicts, full and public
disclosure of financial interests, standards of conduct, and the Commission on Ethics (Commission).3
Commission on Ethics
The Florida Constitution requires the creation of an independent commission “to conduct investigations
and make public reports on all complaints concerning breach of public trust by public officers or
employees not within the jurisdiction of the judicial qualifications commission.” 4 The Commission was
created by the Legislature in 1974 “to serve as guardian of the standards of conduct” for state and local
public officials and employees.5 The state constitution and state law designate the Commission as the
independent commission referred to in the state constitution. 6 The Commission’s duties consist, in
part, of:
 Rendering advisory opinions to public officials. 7
 Making recommendations to disciplinary officials when appropriate for violations of ethics and
disclosure laws.8
 Administering the executive branch lobbying registration and reporting law. 9
 Maintaining financial disclosure filings of constitutional officers and state officers and
employees.10
 Administering automatic fines for public officers and employees who fail to timely file a required
annual financial disclosure.11
1 See Pt. III, Ch. 112, F.S.; see also Art. II, s. 8(h)(1), FLA. CONST .
2 Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees , available
at http://www.ethics.state.fl.us/Documents/Publications/Guid eBookletInternet.pdf (last visited Feb. 5, 2024).
3 See Pt. III, Ch. 112, F.S.
4 Art. II, s. 8(g), FLA. CONST .
5 Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees , available
at http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited Feb. 5, 2024); See also s. 112.320, F.S.
6 Art. II, s. 8(j)(3), FLA. CONST .; s. 112.320, F.S.
7 S. 112.322(3)(a), F.S.
8 S. 112.322(2)(b), F.S.
9 Ss. 112.3215 and 112.32155, F.S.
10 S. 112.3144, F.S.
11 S. 112.31455, F.S.; see also Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public
Officers and Employees, available at http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet .pdf (last visited Feb.
5, 2024).
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 Lobbyist Registration and Compensation Reporting
Lobbyists 12 must register to lobby13 the executive branch and the legislative branch in Florida.
Executive branch lobbying is regulated by the Code of Ethics and administered by the Commission, 14
while legislative branch lobbying is regulated primarily by Joint Rule of the Florida Legislature and
administered by the Office of Legislative Services.15 Both registration systems require lobbyists to
annually register for each principal16 represented and to indicate the entities to be lobbied. 17 In addition,
lobbying firms 18 must file quarterly compensation reports.19 Both the Commission and the Legislature
have instituted electronic registration and compensation reporting. 20 Executive branch lobbyists,
however, must supply a written oath to complete each registration, as well as a statement signed by the
principal, authorizing the individual’s representation of the principal.21
State agency employees and employees of legislative and judicial branch entities acting in the normal
course of their duties are exempt from executive branch lobbying registration. 22 However, local
government officers and employees are not exempt and must register to lobby the state executive
branch.23
The Commission must investigate a sworn complaint that it receives, alleging that a required person
has failed to register, has failed to submit a compensation report, has made a prohibited expenditure,24
or has knowingly submitted false information in any report or registration. 25 .26
The executive branch lobbyist registration and reporting law provides specific procedures for its
enforcement.27 The Commission reports probable cause findings to the Governor and Cabinet for
appropriate action, which can include a fine up to $5,000 and a prohibition from lobbying for up to two
years.28 A person accused of violating the lobbyist registration law may also request a public hearing
within 14 days of the mailing of the probable cause notification. 29
There are currently no provisions in state law governing lobbying requirements for local governments,
although many local governments have adopted their own lobbying requirements. 30
12 “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 that other person or governmental entity. Ss. 11.045(1)(g) and 112.3215(1)(h), F.S.
13 For executive branch purposes, “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 emp loyee. S.
112.3215(1)(f), F.S. For legislative branch purposes, “lobbying” means influencing or attempting to influence legislative action or
nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislatu re. S.
11.045(1)(e), F.S.
14 S. 112.3215, F.S.
15 S. 11.045, F.S., and Joint Rule 1.
16 “Principal” means the person, firm, corporation, or other entity which has employed or retained a lobbyist. Ss. 11.045(1)(i) and
112.3215(1)(i), F.S.
17 S. 112.3215(3), F.S.; Joint Rule 1.2
18 “Lobbying firm” means a business entity, including an individual contract lobbyist, that receives or becomes entitled to rece ive any
compensation for the purpose of lobbying, where any partner, owner, officer, or employee of the business entity is a lobby ist. Ss.
11.045(1)(f) and 112.3215(1)(g), F.S.
19 S. 112.3215(5)(a)1., F.S.; Joint Rule 1.4
20 S. 112.32155, F.S.; Joint Rule 1.1(2)(f)
21 S. 112.3215(3), F.S.
22 S. 112.3215(1)(h )2., F.S.
23 See s. 112.3215(1)(h), F.S, for exempted individuals.
24 “Expenditure” means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or
principal for the purpose of lobbying. S. 112.3215(1)(d ), F.S.
25 S. 112.3215(8)(a), F.S.
26 S. 112.3215(8)(a), F.S.
27 S. 112.3215(8) and (9), F.S.
28 S. 112.3215(9) and (10), F.S.
29 S. 112.3215(9), F.S.
30 See e.g. Palm Beach County, Lobbying Regulations, available at
https://discover.pbcgov.org/legislativeaffairs/pages/lobbying_regulations.aspx (last visited Feb. 5, 2024); Collier County Clerk of
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 Gifts and Contracts
Public officers,31 state agency employees, local government attorneys, and candidates for office are
prohibited from soliciting or accepting anything of value, including a gift, loan, reward, promise of future
employment, favor, or service, based upon an understanding that their vote, official action, or judgment
would be influenced.32
Any state agency or political subdivision that receives, directly or indirectly, any gift or grant with a
value of $50,000 or more from any foreign source must disclose such gift or grant to the Department of
Financial Services within 30 days.33 Such disclosure must include the date of the gift or grant, the
amount of the gift or grant, and the name and country of residence or domicile of the foreign source. 34
A state agency, political subdivision, or public school authorized to expend state-appropriated funds or
levy ad valorem taxes is prohibited from participating in any agreement with or accepting any grant
from a foreign country of concern, or any entity controlled by a foreign country of concern which:
 Constrains the freedom of contract of such public entity;
 Allows the curriculum or values of a program in the state to be directed or controlled by the
foreign country of concern; or
 Promotes an agenda detrimental to the safety or security of the United States or its residents. 35
Before the execution of any cultural exchange agreement with a foreign country of concern, the
substance of the agreement must be shared with federal agencies concerned with protecting national
security or enforcing trade sanctions, embargoes, or other restrictions under federal law. 36 If such
federal agency provides information suggesting that such agreement promotes an agenda detrimental
to the safety or security of the United States or its residents, the public entity may not enter into the
agreement.37
Full and Public Disclosure of Financial Interests
All elected constitutional officers, as well as candidates for such offices, are required by the Florida
Constitution to file full and public disclosure of their financial interests.38 Other public officers,
candidates, and employees may also be required to file such disclosures, as required by law. 39
The term “full and public disclosure of financial interests” means the reporting individual must disclose
his or her net worth and the value of each asset and liability in excess of $1,000.40 The disclosure must
be accompanied by either a copy of the filer’s most recent federal income tax return or a sworn
statement that identifies each separate source and amount of income that exceeds $1,000. 41 The
Commission has created by rule CE Form 6 (Form 6) to be used to make the required full and public
financial disclosure.42
Circuit Court, Lobbying Registration, available at https://collierclerk.com/board-records-vab/lobbyist-registration/ (last visited Feb 5.
2024); City of Tallahassee, Lobbyists, available at https://www.talgov.com/doingbusiness/lobbyists (last visited Feb. 5, 2024).
31 “Public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an ad visory
body. S. 112.313(1), F.S.
32 S. 112.313(2), F.S.
33 S. 286.101(2), F.S.
34 Id.
35 S. 288.860(2), F.S. A “foreign country of concern” is defined as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, o r the
Syrian Arab Republic, including any agency of or any other entity under significant control of such countries. S. 288.860(1)( a), F.S.
36 S. 288.860(2)(c), F.S.
37 Id.
38 Art. II, s. 8(a), FLA. CONST .
39 Id.
40 Article II, s. 8(j)(1), FLA. CONST .
41 Id.; see also s. 112.3144, F.S.
42 Section 112.3144(8), F.S.
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 Currently, individuals holding the following positions must file Form 6:43
 Governor.
 Lieutenant Governor.
 Cabinet members.
 Legislators.
 State attorneys.
 Public defenders.
 Clerks of circuit court.
 Sheriffs.
 Tax collectors;
 Property appraisers.
 Supervisors of elections.
 County commissioners.
 Elected superintendents of schools.
 District school board members.
 Jacksonville City Council members, including the mayor.
 Judges of compensation claims.
 Duval County Superintendent of Schools.
 Florida Housing Finance Corporation board members.
 Each member of an expressway authority, a transportation authority (except the Jacksonville
Transportation Authority), a bridge authority, or a toll authority created pursuant to chapter 348,
F.S., or chapter 343, F.S., or any other general law.
 Mayors.
 Elected members of the governing body of a municipality.
 Each member of the Commission.
 Judges, as required by Canon 6, Code of Judicial Conduct.
Current law requires a less detailed disclosure of financial interests using the Commission’s CE Form 1
(Form 1) for certain local officers.44 Other persons filing Form 1 include specified state officers and
employees as well as persons seeking to qualify as candidates for state or local office. 45
Form 1 requires individuals to disclose their primary sources of income, other than their public position,
secondary sources of income, real property, intangible personal property, liabilities, and interests in
specific businesses.46 Although no specific dollar values of incomes, property or liabilities are required
to be reported, the filer must report which assets or liabilities exceed certain dollar thresholds. 47
Charter Amendments
The governing body of a municipality may, by ordinance, or the municipality’s voters may, by a petition
signed by 10 percent of the registered vot