| 1 | A bill to be entitled |
| 2 | An act relating to local government; creating s. 112.3136, |
| 3 | F.S.; specifying standards of conduct for officers and |
| 4 | employees of entities serving as the chief administrative |
| 5 | officer of a political subdivision; amending s. 112.317, |
| 6 | F.S.; providing for penalties to be imposed against |
| 7 | persons other than lobbyists or public officers and |
| 8 | employees for violations of the Code of Ethics for Public |
| 9 | Officers and Employees; amending s. 112.324, F.S.; |
| 10 | providing for the Commission on Ethics to report to the |
| 11 | Governor violations involving persons other than lobbyists |
| 12 | or public officers and employees; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 112.3136, Florida Statutes, is created |
| 18 | to read: |
| 19 | 112.3136 Standards of conduct for officers and employees |
| 20 | of entities serving as chief administrative officer of political |
| 21 | subdivisions.--The officers, directors, and chief executive |
| 22 | officer of a corporation, partnership, or other business entity |
| 23 | that is serving as the chief administrative or executive officer |
| 24 | or employee of a political subdivision, and any business entity |
| 25 | employee who is acting as the chief administrative or executive |
| 26 | officer or employee of the political subdivision, for the |
| 27 | purposes of the following sections, are public officers and |
| 28 | employees who are subject to the following standards of conduct |
| 29 | of this part: |
| 30 | (1) Section 112.313, and their "agency" is the political |
| 31 | subdivision that they serve; however, the contract under which |
| 32 | the business entity serves as chief executive or administrative |
| 33 | officer of the political subdivision is not deemed to violate s. |
| 34 | 112.313(3) or (7). |
| 35 | (2) Section 112.3145, as "local officers." |
| 36 | (3) Sections 112.3148 and 112.3149, as "reporting |
| 37 | individuals." |
| 38 | Section 2. Paragraph (e) is added to subsection (1) of |
| 39 | section 112.317, Florida Statutes, to read: |
| 40 | 112.317 Penalties.-- |
| 41 | (1) Violation of any provision of this part, including, |
| 42 | but not limited to, any failure to file any disclosures required |
| 43 | by this part or violation of any standard of conduct imposed by |
| 44 | this part, or violation of any provision of s. 8, Art. II of the |
| 45 | State Constitution, in addition to any criminal penalty or other |
| 46 | civil penalty involved, shall, under applicable constitutional |
| 47 | and statutory procedures, constitute grounds for, and may be |
| 48 | punished by, one or more of the following: |
| 49 | (e) In the case of a person who is subject to the |
| 50 | standards of this part, other than a lobbyist or lobbying firm |
| 51 | under s. 112.3215 for a violation of s. 112.3215, but who is not |
| 52 | a public officer or employee: |
| 53 | 1. Public censure and reprimand. |
| 54 | 2. A civil penalty not to exceed $10,000. |
| 55 | 3. Restitution of any pecuniary benefits received because |
| 56 | of the violation committed. The commission may recommend that |
| 57 | the restitution penalty be paid to the agency of the person or |
| 58 | to the General Revenue Fund. |
| 59 | Section 3. Paragraph (d) of subsection (8) of section |
| 60 | 112.324, Florida Statutes, is amended to read: |
| 61 | 112.324 Procedures on complaints of violations; public |
| 62 | records and meeting exemptions.-- |
| 63 | (8) If, in cases pertaining to complaints other than |
| 64 | complaints against impeachable officers or members of the |
| 65 | Legislature, upon completion of a full and final investigation |
| 66 | by the commission, the commission finds that there has been a |
| 67 | violation of this part or of s. 8, Art. II of the State |
| 68 | Constitution, it shall be the duty of the commission to report |
| 69 | its findings and recommend appropriate action to the proper |
| 70 | disciplinary official or body as follows, and such official or |
| 71 | body shall have the power to invoke the penalty provisions of |
| 72 | this part, including the power to order the appropriate |
| 73 | elections official to remove a candidate from the ballot for a |
| 74 | violation of s. 112.3145 or s. 8(a) and (i), Art. II of the |
| 75 | State Constitution: |
| 76 | (d) Except as otherwise provided by this part, the |
| 77 | Governor, in the case of any other public officer, public |
| 78 | employee, former public officer or public employee, candidate, |
| 79 | or former candidate, or person who is not a public officer or |
| 80 | employee, other than lobbyists and lobbying firms under s. |
| 81 | 112.3215 for violations of s. 112.3215. |
| 82 | Section 4. This act shall take effect July 1, 2009. |