Florida Senate - 2012 SB 304
By Senator Fasano
11-00094-12 2012304__
1 A bill to be entitled
2 An act relating to governmental ethics; amending s.
3 112.312, F.S.; revising definitions; amending s.
4 112.313, F.S.; requiring that all disclosures
5 otherwise required by law be made in writing on forms
6 prescribed by the Commission on Ethics; providing that
7 a public officer may not act in such a way that
8 suggests that the officer can be improperly influenced
9 by that person when the public officer is performing
10 his or her official duties; amending s. 112.3135,
11 F.S.; providing penalties if a public official makes a
12 prohibited appointment, employment, promotion, or
13 advancement decision; creating s. 112.3142, F.S.,
14 pertaining to the establishment of qualified blind
15 trusts for public officials; providing legislative
16 findings and intent; defining terms; providing that if
17 a covered public official holds an economic interest
18 in a qualified blind trust, he or she does not have a
19 conflict of interest that would otherwise be
20 prohibited by law; prohibiting a covered public
21 official from attempting to influence or exercise any
22 control over decisions regarding the management of
23 assets in a qualified blind trust; prohibiting direct
24 or indirect communication between the covered public
25 official or any person having a beneficial interest in
26 the blind trust and the trustee; providing exemptions;
27 requiring a covered public official to report as an
28 asset on his or her financial disclosure forms the
29 beneficial interest, and its value if required, which
30 he or she has in the trust; specifying the required
31 elements necessary to establish a qualified blind
32 trust; specifying the required elements necessary to
33 be a trustee; specifying the required elements in the
34 trust agreement; providing that the trust is not
35 effective unless approved by the Commission on Ethics;
36 requiring that the trustee and the official observe
37 the obligations of the trust agreement; providing that
38 the trust contain only readily marketable assets;
39 requiring that the trust agreement be filed with the
40 commission within a specified time; providing for the
41 filing of an amendment to a financial disclosure
42 statement of a covered public official in specified
43 circumstances; amending s. 112.3143, F.S.; defining
44 the term “principal”; requiring a state public officer
45 holding an elected or appointed office to publicly
46 state the nature of all of the officer’s interests,
47 and all of the interests of his or her principals,
48 relatives, or business associates which are known to
49 him or her, in the matter from which the officer is
50 abstaining from voting; requiring the officer to file
51 documents within 15 days after a vote occurs which
52 disclose the nature of all of the officer’s interests
53 as a public record; providing an exemption for certain
54 specified officers; amending s. 112.3144, F.S.;
55 requiring a candidate for a local office who has filed
56 a full and public disclosure of financial interests
57 when qualifying as a candidate to file a copy of that
58 disclosure, instead of filing a second original
59 disclosure, with the commission; amending s. 112.3145,
60 F.S.; revising definitions of the terms “local
61 officer” and “specified state employee”; requiring a
62 candidate for a state office who has filed a full and
63 public disclosure of financial interests when
64 qualifying as a candidate to file a copy of that
65 disclosure, instead of filing a second original
66 disclosure, with the commission; amending s. 112.3148,
67 F.S.; revising definitions and defining the term
68 “vendor”; prohibiting a reporting individual or
69 procurement employee from soliciting or accepting a
70 gift in excess of a certain value from a vendor;
71 requiring each reporting individual or procurement
72 employee to file a statement with the commission by a
73 specified date containing a list of gifts that he or
74 she believes to have a value in excess of a stated
75 amount; providing exceptions; specifying the contents
76 of the gift report; amending s. 112.3149, F.S.;
77 defining the term “vendor”; prohibiting a reporting
78 individual or procurement employee from knowingly
79 accepting an honorarium from a vendor doing business
80 with the reporting individual’s or procurement
81 employee’s agency; prohibiting the vendor from giving
82 an honorarium to the reporting individual or
83 procurement employee; amending s. 112.317, F.S.;
84 raising the civil penalties that may be imposed for
85 violations of ch. 112, F.S., from $10,000 to $100,000;
86 providing that a person who knowingly fails to file
87 the required disclosure of documents by a specified
88 date commits a misdemeanor of the first degree;
89 providing criminal penalties; providing that a person
90 who files a complaint with actual malice against a
91 public officer is liable for costs and attorney’s
92 fees; amending s. 112.3215, F.S.; providing that a
93 person who is required to register as a lobbyist with
94 the executive branch or the Constitution Revision
95 Commission or to provide information on a report
96 required by the Commission on Ethics but who fails to
97 disclose a material fact or provides false information
98 commits a noncriminal infraction; providing a fine for
99 such infraction; amending s. 112.324, F.S.; providing
100 procedures for investigations of complaints filed with
101 the commission; amending ss. 310.151 and 411.01, F.S.;
102 conforming cross-references; providing an effective
103 date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. Subsections (5) and (6) of section 112.312,
108 Florida Statutes, are amended to read:
109 112.312 Definitions.—As used in this part and for purposes
110 of the provisions of s. 8, Art. II of the State Constitution,
111 unless the context otherwise requires:
112 (5) “Business entity” means any corporation, company,
113 partnership, limited partnership, proprietorship, firm,
114 enterprise, franchise, association, self-employed individual, or
115 trust, whether fictitiously named or not, doing business in this
116 state.
117 (6) “Candidate” means any person who has filed a statement
118 of financial interest and qualification papers, has subscribed
119 to the candidate’s oath as required by s. 99.021 or s. 105.031,
120 and seeks by election to become a public officer. This
121 definition expressly excludes a committeeman or committeewoman
122 regulated by chapter 103 and persons seeking any other office or
123 position in a political party.
124 Section 2. Subsection (12) of section 112.313, Florida
125 Statutes, is amended, and subsection (18) is added to that
126 section, to read:
127 112.313 Standards of conduct for public officers, employees
128 of agencies, and local government attorneys.—
129 (12) EXEMPTION.—The requirements of subsections (3) and
130 (7), as they pertain to persons serving on advisory boards, may
131 be waived in a particular instance by the body that which
132 appointed the person to the advisory board, upon a full
133 disclosure of the transaction or relationship to the appointing
134 body before prior to the waiver and an affirmative vote in favor
135 of waiver by a two-thirds vote of that body. If the In instances
136 in which appointment to the advisory board is made by an
137 individual, the waiver may be effected, after a public hearing,
138 by a determination by the appointing person and a full
139 disclosure of the transaction or relationship by the appointee
140 to the appointing person. In addition, a no person may not shall
141 be held in violation of subsection (3) or subsection (7) if:
142 (a) Within a municipality city or county, the business is
143 transacted under a rotation system whereby the business
144 transactions are rotated among all qualified suppliers of the
145 goods or services within the municipality city or county.
146 (b) The business is awarded under a system of sealed,
147 competitive bidding to the lowest or best bidder and:
148 1. The official or the official’s spouse or child has not
149 in no way participated in the determination of the bid
150 specifications or the determination of the lowest or best
151 bidder;
152 2. The official or the official’s spouse or child has not
153 in no way used or attempted to use the official’s influence to
154 persuade the agency or any personnel thereof to enter such a
155 contract other than by the mere submission of the bid; and
156 3. The official, before prior to or at the time of the
157 submission of the bid, has filed a statement with the Commission
158 on Ethics, if the official is a state officer or employee, or
159 with the supervisor of elections of the county in which the
160 agency has its principal office, if the official is an officer
161 or employee of a political subdivision, disclosing the
162 official’s interest, or the interest of the official’s spouse or
163 child, and the nature of the intended business.
164 (c) The purchase or sale is for legal advertising in a
165 newspaper, for any utilities service, or for passage on a common
166 carrier.
167 (d) An emergency purchase or contract that which would
168 otherwise violate a provision of subsection (3) or subsection
169 (7) must be made in order to protect the health, safety, or
170 welfare of residents the citizens of the state or any political
171 subdivision thereof.
172 (e) The business entity involved is the only source of
173 supply within the political subdivision of the officer or
174 employee and there is full disclosure by the officer or employee
175 of his or her interest in the business entity to the governing
176 body of the political subdivision before prior to the purchase,
177 rental, sale, leasing, or other business is being transacted.
178 (f) The total amount of the transactions in the aggregate
179 between the business entity and the agency does not exceed $500
180 per calendar year.
181 (g) The fact that a county or municipal officer or member
182 of a public board or body, including a district school officer
183 or an officer of any district within a county, is a stockholder,
184 officer, or director of a bank does will not bar such bank from
185 qualifying as a depository of funds coming under the
186 jurisdiction of any such public board or body if, provided it
187 appears in the records of the agency that the governing body of
188 the agency has determined that such officer or member of a
189 public board or body has not favored such bank over other
190 qualified banks.
191 (h) The transaction is made pursuant to s. 1004.22 or s.
192 1004.23 and is specifically approved by the president and the
193 chair of the university board of trustees. The chair of the
194 university board of trustees shall annually submit to the
195 Governor and the Legislature by March 1 of each year a report of
196 the transactions approved pursuant to this paragraph during the
197 preceding year.
198 (i) The public officer or employee purchases in a private
199 capacity goods or services, at a price and upon terms available
200 to similarly situated members of the general public, from a
201 business entity that which is doing business with his or her
202 agency.
203 (j) The public officer or employee in a private capacity
204 purchases goods or services from a business entity that which is
205 subject to the regulation of his or her agency and:
206 1. The price and terms of the transaction are available to
207 similarly situated members of the general public; and
208 2. The officer or employee makes full disclosure of the
209 relationship to the agency head or governing body before prior
210 to the transaction.
211
212 All disclosures required by this subsection must be made in
213 writing on forms prescribed by the commission as provided in s.
214 112.3147.
215 (18) PUBLIC OFFICERS.—A public officer or employee of an
216 agency may not knowingly, or with reason to know, act in a
217 manner that would cause a reasonable person, having knowledge of
218 the relevant circumstances, to conclude that a person can
219 improperly influence the officer or employee or unduly enjoy his
220 or her favor in the performance of his or her official duties,
221 or that the officer or employee is likely to act or fail to act
222 as a result of kinship, rank, position, or undue influence of
223 any party or person. It is unreasonable to so conclude if the
224 officer or employee has disclosed in writing to his or her
225 appointing authority or, if no appointing authority exists,
226 publically discloses the facts that would otherwise lead to such
227 a conclusion.
228 Section 3. Subsection (2) of section 112.3135, Florida
229 Statutes, is amended to read:
230 112.3135 Restriction on employment of relatives.—
231 (2)(a) A public official may not appoint, employ, promote,
232 or advance, or advocate for the appointment, employment,
233 promotion, or advancement, in or to a position in the agency in
234 which the official is serving or over which the official, or the
235 collegial body of which the official is a member, exercises
236 jurisdiction or control any individual who is a relative of the
237 public official. An individual may not be appointed, employed,
238 promoted, or advanced in or to a position in an agency if such
239 appointment, employment, promotion, or advancement has been
240 advocated by a public official, serving in or exercising
241 jurisdiction or control over the agency, who is a relative of
242 the individual or if such appointment, employment, promotion, or
243 advancement is made by a collegial body of which a relative of
244 the individual is a member.
245 (a) If a prohibited appointment, employment, promotion, or
246 advancement occurs, both the public official and the individual
247 are subject to penalties under s. 112.317. However, if the
248 appointment, employment, promotion, or advancement is made by
249 the collegial body of which the public official is a member
250 without the public official’s participation, only the individual
251 is subject to penalties under s. 112.317. However,
252 (b) This subsection does shall not apply to:
253 1. Appointments to boards other than those with land
254 planning or zoning responsibilities in those municipalities that
255 have a population of fewer with less than 35,000 population.
256 This subsection does not apply to
257 2. Persons serving in a volunteer capacity who provide
258 emergency medical, firefighting, or police services. Such
259 persons may receive, without losing their volunteer status,
260 reimbursements for the costs of any training they get relating
261 to the provision of such volunteer emergency medical,
262 firefighting, or police services and payment for any incidental
263 expenses relating to the those services that they provide.
264 (c)(b) Mere approval of budgets is shall not be sufficient
265 to constitute “jurisdiction or control” for the purposes of this
266 subsection section.
267 Section 4. Section 112.3142, Florida Statutes, is created
268 to read:
269 112.3142 Qualified blind trusts.—
270 (1) The Legislature finds that if a public official creates
271 a trust and if the public official does not know the identity of
272 the financial interests held by the trust and does not control
273 the interests held by the trust, his or her official actions
274 will not be influenced or appear to be influenced by private
275 considerations. Thus, it is the intent of the Legislature that
276 the public policy goal of this state, which is to be achieved
277 through reliance on a blind trust, be an actual “blindness” or
278 lack of knowledge or control by the official with respect to the
279 interests held in trust.
280 (2) As used in this section, the term:
281 (a) “Cabinet” has the same meaning as in s. 20.03.
282 (b) “Commission” means the Commission on Ethics.
283 (c) “Covered public official” means the Governor, the
284 Lieutenant Governor, or a member of the Cabinet.
285 (3) If a covered public official holds an economic interest
286 in a qualified blind trust as described in this section, he or
287 she does not have a conflict of interest prohibited under s.
288 112.313(3) or (7) or a voting conflict of interest under s.
289 112.3143 with regard to matters pertaining to that economic
290 interest.
291 (4) Except as otherwise provided in this section, the
292 covered public official may not attempt to influence or exercise
293 any control over decisions regarding the management of assets in
294 a qualified blind trust. The covered public official and each
295 person having a beneficial interest in the qualified blind trust
296 may not make any effort to obtain information with respect to
297 the holdings of the trust, including obtaining a copy of any
298 trust tax return filed or any information relating thereto,
299 except as otherwise provided in this section.
300 (5) Except for communications that consist solely of
301 requests for distributions of cash or other unspecified assets
302 of the trust, direct or indirect communication with respect to
303 the trust may not occur between the covered public official or
304 any person having a beneficial interest in the qualified blind
305 trust and the trustee unless such communication is in writing
306 and unless it relates only to:
307 (a) A request for a distribution from the trust which does
308 not specify whether the distribution is to be made in cash or in
309 kind;
310 (b) The general financial interests and needs of the
311 covered public official or interested person, including an
312 interest in maximizing income or long-term capital gain;
313 (c) The notification of the trustee of a law or regulation
314 subsequently applicable to the covered public official which
315 prohibits the covered official from holding an asset and which
316 notification directs that such asset not be held by the trust;
317 or
318 (d) Directions to the trustee to sell all of an asset
319 initially placed in the trust by the covered public official
320 which, in the determination of the covered public official,
321 creates a conflict of interest or the appearance thereof due to
322 the subsequent assumption of duties by the public official.
323 (6) The covered public official shall report the beneficial
324 interest in the qualified blind trust and its value as an asset
325 on his or her financial disclosure forms if value is required to
326 be disclosed. The covered public official shall report the blind
327 trust as a primary source of income on his or her financial
328 disclosure forms and its amount if the amount of income is
329 required to be disclosed. The covered public official is not
330 required to report any source of income to the blind trust as a
331 secondary source of income.
332 (7) In order to constitute a qualified blind trust under
333 this section, the trust must be established by the covered
334 public official and meet the following requirements:
335 (a) The person or entity appointed as trustee must not be:
336 1. The covered public official’s spouse, child, parent,
337 grandparent, grandchild, brother, sister, parent-in-law,
338 brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
339 the spouse of any such person;
340 2. A person who is an elected or appointed public officer
341 or a public employee; or
342 3. A person who has been appointed by the covered public
343 official or by a public officer or public employee supervised by
344 the covered public official to serve in an agency.
345 (b) The trust agreement establishing the trust must:
346 1. Contain a clear statement of its purpose, namely, to
347 remove from the grantor control and knowledge of investment of
348 trust assets so that conflicts between the grantor’s
349 responsibilities as a public official and his or her private
350 interests are eliminated;
351 2. Give the trustee complete discretion to manage the
352 trust, including the power to dispose of and acquire trust
353 assets without consulting or notifying the covered public
354 official or any person having a beneficial interest in the
355 trust;
356 3. Prohibit communication between the trustee and the
357 covered public official and any person having a beneficial
358 interest in the trust concerning the holdings or sources of
359 income of the trust, except amounts of cash value or net income
360 or loss if such report does not identify any asset or holding,
361 and except as provided in this section;
362 4. Provide that the trust tax return is prepared by the
363 trustee or designee and that any information relating thereto is
364 not disclosed to the covered public official or to any other
365 beneficiary, except as provided in this section;
366 5. Permit the trustee to notify the covered public official
367 of the date of disposition and value at disposition of any
368 original investment or interests in real property to the extent
369 required by federal tax law so that the information can be
370 reported on the covered public official’s applicable tax
371 returns;
372 6. Prohibit the trustee from disclosing to the covered
373 public official and any person having a beneficial interest in
374 the trust any information concerning replacement assets to the
375 trust, except for the minimum tax information that lists only
376 the totals of taxable items from the trust and does not describe
377 the source of individual items of income;
378 7. Prohibit the trustee from investing trust assets in
379 business entities that he or she knows are regulated by or do a
380 significant amount of business with the covered public
381 official’s public agency; and
382 8. Provide that the trust is not effective until it is
383 approved by the commission.
384 (c) The obligations of the trustee and the official under
385 the trust agreement must be observed by them.
386 (d) The trust must contain only readily marketable assets.
387 (e) The trust must be approved by the commission if it
388 meets the requirements of this section.
389 (8) A copy of the trust agreement must be filed with the
390 commission within 5 business days after the agreement is
391 executed and include:
392 (a) A listing of the assets placed in the trust;
393 (b) A statement detailing the date the agreement was
394 executed;
395 (c) The name and address of the trustee; and
396 (d) A separate statement signed by the trustee, under
397 penalty of perjury, certifying that he or she will not reveal
398 any information to the covered public official or any person
399 having a beneficial interest in the qualified blind trust,
400 except for information that is authorized under this section,
401 and that, to the best of the trustee’s knowledge, the submitted
402 blind trust agreement complies with this section.
403 (9) If the trust is revoked while the covered public
404 official is a public officer, or if the covered public official
405 learns of any replacement assets that have been added to the
406 trust, the covered public official must file an amendment to his
407 or her most recent financial disclosure statement. The amendment
408 must be filed within 60 days after the date of revocation or the
409 addition of the replacement assets. The covered public official
410 must disclose the previously unreported pro rata share of the
411 trust’s interests in investments or income deriving from any
412 such investments. For purposes of this section, any replaced
413 asset of which the covered public official learns must
414 subsequently be treated as though the asset were an original
415 asset of the trust.
416 Section 5. Section 112.3143, Florida Statutes, is amended
417 to read:
418 112.3143 Voting conflicts.—
419 (1) As used in this section:
420 (a) “Participate” means any attempt, by oral or written
421 communication, by a public officer or at the officer’s direction
422 to influence the decision of an officer, employee, or member of
423 the agency.
424 (b) “Principal” means an individual or entity, other than
425 an agency as defined in s. 112.312, which, for compensation,
426 salary, pay, consideration, or similar thing of value, has
427 permitted or directed another to act for the individual or
428 entity, and includes, but is not limited to, a client, employer,
429 or master, or the parent, subsidiary, or sibling organization of
430 a client, employer, or master.
431 (c)(a) “Public officer” includes any person elected or
432 appointed to hold office in any agency, including any person
433 serving on an advisory body.
434 (d)(b) “Relative” means any father, mother, son, daughter,
435 husband, wife, brother, sister, father-in-law, mother-in-law,
436 son-in-law, or daughter-in-law.
437 (2) A No state public officer holding an elected office may
438 vote is prohibited from voting in an official capacity on any
439 matter. However, when any state public officer voting in an
440 official capacity upon any measure that which would inure to the
441 officer’s special private gain or loss; that which he or she
442 knows would inure to the special private gain or loss of any
443 principal by whom the officer is retained or to the parent
444 organization or subsidiary of a corporate principal by which the
445 officer is retained; or that which the officer knows would inure
446 to the special private gain or loss of a relative or business
447 associate of the public officer, the officer shall, within 15
448 days after the vote occurs, must disclose the nature of all of
449 his or her interests in the matter and all of the interests of
450 his or her principals, relatives, or business associates which
451 are known to him or her interest as a public record in a
452 memorandum filed with the person responsible for recording the
453 minutes of the meeting, who shall incorporate the memorandum in
454 the minutes.
455 (3)(a) A state public officer holding an appointive
456 position or a No county, municipal, or other local public
457 officer may not: shall
458 (a) Vote in an official capacity upon any measure that
459 which would inure to his or her special private gain or loss;
460 that which he or she knows would inure to the special private
461 gain or loss of any principal by whom he or she is retained or
462 to the parent organization or subsidiary of a corporate
463 principal by which he or she is retained, other than an agency
464 as defined in s. 112.312(2); or that which he or she knows would
465 inure to the special private gain or loss of a relative or
466 business associate of the public officer. Such public officer
467 shall, before prior to the vote is being taken, must publicly
468 state to the assembly the nature of all of the officer’s
469 interests and all of the interests of his or her principals,
470 relatives, or business associates which are known to him or her
471 interest in the matter from which he or she is abstaining from
472 voting and, within 15 days after the vote occurs, disclose the
473 nature of all of his or her interests in the matter and all of
474 the interests of his or her principals, relatives, or business
475 associates which are known to him or her, his or her interest as
476 a public record in a memorandum filed with the person
477 responsible for recording the minutes of the meeting, who shall
478 incorporate the memorandum in the minutes.
479 (b) However, a commissioner of a community redevelopment
480 agency created or designated pursuant to s. 163.356 or s.
481 163.357, or an officer of an independent special tax district
482 elected on a one-acre, one-vote basis, is not prohibited from
483 voting, when voting in said capacity.
484 (b)(4) No appointed public officer shall Participate in any
485 matter that which would inure to the officer’s special private
486 gain or loss; that which the officer knows would inure to the
487 special private gain or loss of any principal by whom he or she
488 is retained or to the parent organization or subsidiary of a
489 corporate principal by which he or she is retained; or that
490 which he or she knows would inure to the special private gain or
491 loss of a relative or business associate of the public officer,
492 without first disclosing the nature of his or her interest in
493 the matter.
494 (4) Notwithstanding subsection (3), a commissioner of a
495 community redevelopment agency created or designated pursuant to
496 s. 163.356 or s. 163.357 or an officer of an independent special
497 tax district elected on a one-acre, one-vote basis, is not
498 prohibited from voting in that capacity, but must make the
499 disclosures required under subsection (3). Such officer may not
500 participate in such a measure without first disclosing the
501 nature of his or her interest and those of his or her principal,
502 relative, or business associate in the matter.
503 (a) Such disclosure, indicating the nature of the conflict,
504 must shall be made in a written memorandum filed with the person
505 responsible for recording the minutes of the meeting, before
506 prior to the meeting in which consideration of the matter will
507 take place, and shall be incorporated into the minutes. Any such
508 memorandum becomes shall become a public record upon filing, and
509 must shall immediately be provided to the other members of the
510 agency, and shall be read publicly at the next meeting held
511 subsequent to the filing of the this written memorandum.
512 (b) If the In the event that disclosure has not been made
513 before prior to the meeting or if that any conflict is otherwise
514 unknown before prior to the meeting, the disclosure must shall
515 be made orally at the meeting when it becomes known that a
516 conflict exists. A written memorandum disclosing the nature of
517 the conflict must shall then be filed within 15 days after the
518 oral disclosure with the person responsible for recording the
519 minutes of the meeting and shall be incorporated into the
520 minutes of the meeting at which the oral disclosure was made.
521 Any such memorandum becomes shall become a public record upon
522 filing, and must shall immediately be provided to the other
523 members of the agency, and shall be read publicly at the next
524 meeting held subsequent to the filing of the this written
525 memorandum.
526 (5) A public officer, employee of the agency, or local
527 government attorney, knowing that another public officer has a
528 voting conflict of interest as provided under this section, may
529 not aid or assist the public officer in a way that benefits the
530 officer or his or her principal, relative, or business
531 associate.
532 (c) For purposes of this subsection, the term “participate”
533 means any attempt to influence the decision by oral or written
534 communication, whether made by the officer or at the officer’s
535 direction.
536 (6)(5) If Whenever a public officer or former public
537 officer is being considered for appointment or reappointment to
538 public office, the appointing body must shall consider the
539 number and nature of the memoranda of conflict previously filed
540 under this section by such said officer.
541 Section 6. Subsection (2) of section 112.3144, Florida
542 Statutes, is amended to read:
543 112.3144 Full and public disclosure of financial
544 interests.—
545 (2) A person who is required, pursuant to s. 8, Art. II of
546 the State Constitution, to file a full and public disclosure of
547 financial interests and who has filed such a full and public
548 disclosure of financial interests for any calendar or fiscal
549 year is shall not be required to file a statement of financial
550 interests pursuant to s. 112.3145(2) and (3) for the same year
551 or for any part thereof notwithstanding any requirement of this
552 part., except that A candidate for office who has filed a full
553 and public disclosure of financial interests when qualifying as
554 a candidate before July 1 must file a copy of that disclosure
555 with the commission as the annual disclosure required under this
556 section instead of filing a second original disclosure. A
557 candidate who does not qualify until after the annual full and
558 public disclosure has been filed under this section must shall
559 file a copy of his or her disclosure with the officer before
560 whom he or she qualifies.
561 Section 7. Subsections (1), (2), and (3) of section
562 112.3145, Florida Statutes, are amended to read:
563 112.3145 Disclosure of financial interests and clients
564 represented before agencies.—
565 (1) For purposes of this section, unless the context
566 otherwise requires, the term:
567 (a) “Local officer” means:
568 1. Any Every person who is elected to office in any
569 political subdivision of the state, or and every person who is
570 appointed to fill a vacancy for an unexpired term in such an
571 elective office.
572 2. Any appointed member of any of the following boards,
573 councils, commissions, authorities, or other bodies of any
574 county, municipality, school district, independent special
575 district, or other political subdivision of the state:
576 a. The governing body of the political subdivision, if
577 appointed;
578 b. An expressway authority or transportation authority
579 established by general law;
580 b.c. A community college or junior college district board
581 of trustees;
582 c.d. A board having the power to enforce local code
583 provisions;
584 d.e. A planning or zoning board, board of adjustment, board
585 of appeals, community redevelopment agency board, or other board
586 having the power to recommend, create, or modify land planning
587 or zoning within the political subdivision, except for citizen
588 advisory committees, technical coordinating committees, and such
589 other groups that who only have only the power to make
590 recommendations to planning or zoning boards;
591 e.f. A pension board or retirement board having the power
592 to invest pension or retirement funds or the power to make a
593 binding determination of one’s entitlement to or amount of a
594 pension or other retirement benefit; or
595 f.g. Any other appointed member of a local government board
596 who is required to file a statement of financial interests by
597 the appointing authority or the enabling legislation, ordinance,
598 or resolution creating the board.
599 3. Any person holding one or more of the following
600 positions: mayor; county or city manager; chief administrative
601 employee of a county, municipality, or other political
602 subdivision; county or municipal attorney; finance director of a
603 county, municipality, or other political subdivision; chief
604 county or municipal building code inspector; county or municipal
605 water resources coordinator; county or municipal pollution
606 control director; county or municipal environmental control
607 director; county or municipal administrator having the, with
608 power to grant or deny a land development permit; chief of
609 police; fire chief; municipal clerk; district school
610 superintendent; community college president; district medical
611 examiner; or purchasing agent having the authority to make any
612 purchase exceeding the threshold amount provided for in s.
613 287.017 for CATEGORY ONE, on behalf of any political subdivision
614 of the state or any entity thereof.
615 (b) “Specified state employee” means:
616 1. A public counsel created by chapter 350, an assistant
617 state attorney, an assistant public defender, a criminal
618 conflict and civil regional counsel, an assistant criminal
619 conflict and civil regional counsel, a full-time state employee
620 who serves as counsel or assistant counsel to any state agency,
621 the Deputy Chief Judge of Compensation Claims, a judge of
622 compensation claims, an administrative law judge, or a hearing
623 officer.
624 2. Any person employed in the office of the Governor or in
625 the office of any member of the Cabinet if that person is exempt
626 from the Career Service System, except persons employed in
627 clerical, secretarial, or similar positions.
628 3. The State Surgeon General or each appointed secretary,
629 assistant secretary, deputy secretary, executive director,
630 assistant executive director, or deputy executive director of
631 each state department, commission, board, or council; unless
632 otherwise provided, the division director, assistant division
633 director, deputy director, bureau chief, and assistant bureau
634 chief of any state department or division; or any person having
635 the power normally conferred upon such persons, by whatever
636 title.
637 4. The superintendent or institute director of a state
638 mental health institute established for training and research in
639 the mental health field or the warden or director of any major
640 state institution or facility established for corrections,
641 training, treatment, or rehabilitation.
642 5. Business managers, purchasing agents having the power to
643 make any purchase exceeding the threshold amount provided for in
644 s. 287.017 for CATEGORY ONE, finance and accounting directors,
645 personnel officers, or grants coordinators for any state agency.
646 6. Any person, other than a legislative assistant exempted
647 by the presiding officer of the house that employs by which the
648 legislative assistant is employed, who is employed in the
649 legislative branch of government, except persons employed in
650 maintenance, clerical, secretarial, or similar positions.
651 7. Each employee of the Commission on Ethics.
652 (c) “State officer” means:
653 1. Any elected public officer, excluding those elected to
654 the United States Senate and House of Representatives, not
655 covered elsewhere in this part and any person who is appointed
656 to fill a vacancy for an unexpired term in such an elective
657 office.
658 2. An appointed member of each board, commission,
659 authority, or council having statewide jurisdiction, excluding a
660 member of an advisory body.
661 3. A member of the Board of Governors of the State
662 University System or a state university board of trustees, the
663 Chancellor and Vice Chancellors of the State University System,
664 and the president of a state university.
665 4. A member of the judicial nominating commission for any
666 district court of appeal or any judicial circuit.
667 (2)(a) A person seeking nomination or election to a state
668 or local elective office must shall file a statement of
669 financial interests together with, and at the same time he or
670 she files, qualifying papers. A candidate for office who has
671 filed a statement of financial interests when qualifying as a
672 candidate before July 1 must file a copy of that statement as
673 the annual disclosure required under this section instead of
674 filing a second original statement. A candidate who does not
675 qualify until after the annual statement of financial interests
676 has been filed under this section must file a copy of his or her
677 disclosure with the officer before whom he or she qualifies.
678 (b) Each state or local officer and each specified state
679 employee must shall file a statement of financial interests by
680 no later than July 1 of each year. Each state officer, local
681 officer, and specified state employee must shall file a final
682 statement of financial interests within 60 days after leaving
683 his or her public position for the period between January 1 of
684 the year in which the person leaves and the last day of office
685 or employment, unless within the 60-day period the person takes
686 another public position requiring financial disclosure under
687 this section or s. 8, Art. II of the State Constitution or is
688 otherwise is required to file full and public disclosure or a
689 statement of financial interests for the final disclosure
690 period. Each state or local officer who is appointed and each
691 specified state employee who is employed must shall file a
692 statement of financial interests within 30 days after from the
693 date of appointment or, in the case of a specified state
694 employee, after from the date on which the employment begins,
695 except that any person whose appointment is subject to
696 confirmation by the Senate must shall file before the prior to
697 confirmation hearings or within 30 days after from the date of
698 appointment, whichever occurs comes first.
699 (c) State officers and specified state employees must shall
700 file their statements of financial interests with the Commission
701 on Ethics. Local officers must shall file their statements of
702 financial interests with the supervisor of elections of the
703 county in which they permanently reside. Local officers who do
704 not permanently reside in any county in the state must shall
705 file their statements of financial interests with the supervisor
706 of elections of the county in which their agency maintains its
707 headquarters. Persons seeking to qualify as candidates for local
708 public office must shall file their statements of financial
709 interests with the officer before whom they qualify.
710 (3) The statement of financial interests for state
711 officers, specified state employees, local officers, and persons
712 seeking to qualify as candidates for state or local office must
713 shall be filed even if the reporting person holds no financial
714 interests requiring disclosure, in which case the statement must
715 shall be marked “not applicable.” Otherwise, the statement of
716 financial interests must shall include, at the filer’s option,
717 either:
718 (a)1. All sources of income in excess of 5 percent of the
719 gross income received during the disclosure period by the person
720 in his or her own name or by any other person for his or her use
721 or benefit, excluding public salary. However, this does shall
722 not be construed to require disclosure of a business partner’s
723 sources of income. The person reporting must shall list such
724 sources in descending order of value with the largest source
725 first;
726 2. All sources of income to a business entity in excess of
727 10 percent of the gross income of a business entity in which the
728 reporting person held a material interest and from which he or
729 she received an amount that which was in excess of 10 percent of
730 his or her gross income during the disclosure period and that
731 which exceeds $1,500. The period for computing the gross income
732 of the business entity is the fiscal year of the business entity
733 which ended on, or immediately before prior to, the end of the
734 disclosure period of the person reporting;
735 3. The location or description of real property in this
736 state, except for residences and vacation homes, owned directly
737 or indirectly by the person reporting, if when such person owns
738 in excess of 5 percent of the value of such real property, and a
739 general description of any intangible personal property worth in
740 excess of 10 percent of such person’s total assets. For the
741 purposes of this paragraph, indirect ownership does not include
742 ownership by a spouse or minor child; and
743 4. Any Every individual liability that equals more than the
744 reporting person’s net worth; or
745 (b)1. All sources of gross income in excess of $2,500
746 received during the disclosure period by the person in his or
747 her own name or by any other person for his or her use or
748 benefit, excluding public salary. However, this does shall not
749 be construed to require disclosure of a business partner’s
750 sources of income. The person reporting must shall list such
751 sources in descending order of value with the largest source
752 first;
753 2. All sources of income to a business entity in excess of
754 10 percent of the gross income of a business entity in which the
755 reporting person held a material interest and from which he or
756 she received gross income exceeding $5,000 during the disclosure
757 period. The period for computing the gross income of the
758 business entity is the fiscal year of the business entity which
759 ended on, or immediately before prior to, the end of the
760 disclosure period of the person reporting;
761 3. The location or description of real property in this
762 state, except for residence and vacation homes, owned directly
763 or indirectly by the person reporting, if when such person owns
764 in excess of 5 percent of the value of such real property, and a
765 general description of any intangible personal property worth in
766 excess of $10,000. For the purpose of this paragraph, indirect
767 ownership does not include ownership by a spouse or minor child;
768 and
769 4. Any Every liability in excess of $10,000.
770
771 A person filing a statement of financial interests must indicate
772 on the statement whether he or she is using the method specified
773 in paragraph (a) or in paragraph (b).
774 Section 8. Subsections (2), (3), (4), and (5) of section
775 112.3148, Florida Statutes, are amended to read:
776 112.3148 Reporting and prohibited receipt of gifts by
777 individuals filing full or limited public disclosure of
778 financial interests and by procurement employees.—
779 (2) As used in this section:
780 (a) “Immediate family” means any parent, spouse, child, or
781 sibling.
782 (b)1. “Lobbyist” means a any natural person who, for
783 compensation, seeks, or sought during the preceding 12 months,
784 to influence the governmental decisionmaking of a reporting
785 individual or procurement employee or his or her agency or
786 seeks, or sought during the preceding 12 months, to encourage
787 the passage, defeat, or modification of a any proposal or
788 recommendation by the reporting individual or procurement
789 employee or his or her agency.
790 2. With respect to an agency that has established by rule,
791 ordinance, or law a registration process for persons seeking to
792 influence decisionmaking or to encourage the passage, defeat, or
793 modification of a any proposal or recommendation by the such
794 agency or an employee or official of the agency, the term
795 “lobbyist” includes only a person who is required to be
796 registered as a lobbyist in accordance with such rule,
797 ordinance, or law or who was during the preceding 12 months
798 required to be registered as a lobbyist in accordance with such
799 rule, ordinance, or law. At a minimum, such a registration
800 system must require the registration of, or must designate,
801 persons as “lobbyists” who engage in the same activities as
802 require registration to lobby the Legislature pursuant to s.
803 11.045.
804 (c) “Person” includes individuals, firms, associations,
805 joint ventures, partnerships, estates, trusts, business trusts,
806 syndicates, fiduciaries, corporations, and all other groups or
807 combinations.
808 (d) “Reporting individual” means an any individual,
809 including a candidate upon qualifying, who is required by law,
810 pursuant to s. 8, Art. II of the State Constitution or s.
811 112.3145, to file full or limited public disclosure of his or
812 her financial interests or any individual who has been elected
813 to, but has yet to officially assume the responsibilities of,
814 public office. For purposes of implementing this section, the
815 “agency” of a reporting individual who is not an officer or
816 employee in public service is the agency to which the candidate
817 seeks election, or in the case of an individual elected to but
818 yet to formally take office, the agency in which the individual
819 has been elected to serve.
820 (e) “Procurement employee” means an any employee of an
821 officer, department, board, commission, or council, or agency of
822 the executive branch or judicial branch of state government who
823 during the preceding 12 months participated participates through
824 decision, approval, disapproval, recommendation, preparation of
825 any part of a purchase request, influencing the content of any
826 specification or procurement standard, rendering of advice,
827 investigation, or auditing or in any other advisory capacity in
828 the procurement of contractual services or commodities as
829 defined in s. 287.012, if the cost of such services or
830 commodities is expected to exceed or exceeds $10,000 $1,000 in
831 any fiscal year.
832 (f) “Vendor” means a business entity doing business
833 directly with an agency, such as renting, leasing, or selling
834 any realty, goods, or services.
835 (3) A reporting individual or procurement employee may not
836 solicit is prohibited from soliciting any gift from a political
837 committee or committee of continuous existence, as defined in s.
838 106.011, from a vendor doing business with the reporting
839 individual’s or procurement employee’s agency, or from a
840 lobbyist who lobbies the reporting individual’s or procurement
841 employee’s agency, or the partner, firm, employer, or principal
842 of such lobbyist, if where such gift is for the personal benefit
843 of the reporting individual or procurement employee, another
844 reporting individual or procurement employee, or any member of
845 the immediate family of a reporting individual or procurement
846 employee.
847 (4) A reporting individual or procurement employee or any
848 other person on his or her behalf may not knowingly accept is
849 prohibited from knowingly accepting, directly or indirectly, a
850 gift from a political committee or committee of continuous
851 existence, as defined in s. 106.011, from a vendor doing
852 business with the reporting individual’s or procurement
853 employee’s agency, or from a lobbyist who lobbies the reporting
854 individual’s or procurement employee’s agency, or directly or
855 indirectly on behalf of the partner, firm, employer, or
856 principal of a lobbyist, if he or she knows or reasonably
857 believes that the gift or gifts have an aggregate gift has a
858 value in excess of $100 within a calendar year; however, such a
859 gift may be accepted by such person on behalf of a governmental
860 entity or a charitable organization. If the gift is accepted on
861 behalf of a governmental entity or charitable organization, the
862 person receiving the gift may shall not maintain custody of the
863 gift for any period of time beyond that reasonably necessary to
864 arrange for the transfer of custody and ownership of the gift.
865 (5)(a) A political committee or a committee of continuous
866 existence, as defined in s. 106.011; a vendor doing business
867 with the reporting individual’s or procurement employee’s
868 agency; a lobbyist who lobbies a reporting individual’s or
869 procurement employee’s agency; the partner, firm, employer, or
870 principal of a lobbyist; or another on behalf of the lobbyist or
871 partner, firm, principal, or employer of the lobbyist may not
872 give is prohibited from giving, either directly or indirectly, a
873 gift or gifts that have an aggregate has a value in excess of
874 $100 within a calendar year to the reporting individual or
875 procurement employee or any other person on his or her behalf.;
876 However, such person may give a gift or gifts having a total
877 value in excess of $100 to a reporting individual or procurement
878 employee if the gifts are gift is intended to be transferred to
879 a governmental entity or a charitable organization.
880 (b) However, A person who is regulated by this subsection,
881 who is not regulated by subsection (6), and who makes, or
882 directs another to make, an individual gift having a value in
883 excess of $25, but not in excess of $100, other than a gift that
884 which the donor knows will be accepted on behalf of a
885 governmental entity or charitable organization, must file a
886 report on the last day of each calendar quarter, for the
887 previous calendar quarter in which a reportable gift is made.
888 The report must shall be filed with the commission on Ethics,
889 except with respect to gifts to reporting individuals of the
890 legislative branch, in which case the report must shall be filed
891 with the Division of Legislative Information Services in the
892 Office of Legislative Services. The report must contain a
893 description of each gift, the monetary value thereof, the name
894 and address of the person making such gift, the name and address
895 of the recipient of the gift, and the date such gift is given.
896 In addition, if when a gift is made which requires the filing of
897 a report under this subsection, the donor must notify the
898 intended recipient at the time the gift is made that the donor,
899 or another on his or her behalf, must will report the gift under
900 this subsection. Under this paragraph, a gift need not be
901 reported by more than one person or entity.
902 (c) In addition, each reporting individual or procurement
903 employee must file a statement with the commission, except with
904 respect to a gift to a reporting individual of the legislative
905 branch, in which case the report must be filed with the Division
906 of Legislative Information Services in the Office of Legislative
907 Services, by the last day of each calendar quarter for the
908 previous calendar quarter, containing a list of gifts that he or
909 she believes have a value in excess of $25, if any, accepted by
910 him or her, from a person who is regulated by this subsection,
911 except the following:
912 1. Gifts from relatives.
913 2. Gifts prohibited by subsection (4) or s. 112.313(4).
914 3. Gifts otherwise required to be disclosed by this
915 section.
916
917 The report must contain a description of each gift, the monetary
918 value thereof, the name and address of the person making the
919 gift, the name and address of the recipient of the gift, and the
920 date the gift was given.
921 Section 9. Paragraph (e) of subsection (1) and subsections
922 (3) and (4) of section 112.3149, Florida Statutes, are amended,
923 and paragraph (f) is added to subsection (1) of that section, to
924 read:
925 112.3149 Solicitation and disclosure of honoraria.—
926 (1) As used in this section:
927 (e) “Procurement employee” means an any employee of an
928 officer, department, board, commission, or council, or agency of
929 the executive branch or judicial branch of state government who
930 during the preceding 12 months participated participates through
931 decision, approval, disapproval, recommendation, preparation of
932 any part of a purchase request, influencing the content of any
933 specification or procurement standard, rendering of advice,
934 investigation, or auditing or in any other advisory capacity in
935 the procurement of contractual services or commodities as
936 defined in s. 287.012, if the cost of such services or
937 commodities exceeds $10,000 $1,000 in any fiscal year.
938 (f) “Vendor” means a business entity doing business
939 directly with an agency, such as renting, leasing, or selling
940 any realty, goods, or services.
941 (3) A reporting individual or procurement employee may not
942 knowingly accept is prohibited from knowingly accepting an
943 honorarium from a political committee or committee of continuous
944 existence, as defined in s. 106.011, from a vendor doing
945 business with the reporting individual’s or procurement
946 employee’s agency, from a lobbyist who lobbies the reporting
947 individual’s or procurement employee’s agency, or from the
948 employer, principal, partner, or firm of such a lobbyist.
949 (4) A political committee or committee of continuous
950 existence, as defined in s. 106.011, a vendor doing business
951 with the reporting individual’s or the procurement employee’s
952 agency, a lobbyist who lobbies a reporting individual’s or
953 procurement employee’s agency, or the employer, principal,
954 partner, or firm of such a lobbyist may not give is prohibited
955 from giving an honorarium to a reporting individual or
956 procurement employee.
957 Section 10. Section 112.317, Florida Statutes, is amended
958 to read:
959 112.317 Penalties.—
960 (1) Violation of any provision of this part, including, but
961 not limited to, the any failure to file any disclosures required
962 by this part, or violation of any standard of conduct imposed by
963 this part, or violation of any provision of s. 8, Art. II of the
964 State Constitution, in addition to any criminal penalty or other
965 civil penalty involved, shall, under applicable constitutional
966 and statutory procedures, constitute grounds for, and may be
967 punished by, one or more of the following:
968 (a) In the case of a public officer:
969 1. Impeachment.
970 2. Removal from office.
971 3. Suspension from office.
972 4. Public censure and reprimand.
973 5. Forfeiture of up to no more than one-third salary per
974 month for up to no more than 12 months.
975 6. A civil penalty of up to $100,000 not to exceed $10,000.
976 7. Restitution of any pecuniary benefits received because
977 of the violation committed. The commission may recommend that
978 the restitution penalty be paid to the agency of which the
979 public officer was a member or to the General Revenue Fund.
980 (b) In the case of an employee or a person designated as a
981 public officer by this part who otherwise would be deemed to be
982 an employee:
983 1. Dismissal from employment.
984 2. Suspension from employment for up to not more than 90
985 days without pay.
986 3. Demotion.
987 4. Reduction in salary level.
988 5. Forfeiture of up to no more than one-third salary per
989 month for up to no more than 12 months.
990 6. A civil penalty of up to $100,000 not to exceed $10,000.
991 7. Restitution of any pecuniary benefits received because
992 of the violation committed. The commission may recommend that
993 the restitution penalty be paid to the agency of by which the
994 public employee was employed, or of which the officer who
995 employed the was deemed to be an employee, or to the General
996 Revenue Fund.
997 8. Public censure and reprimand.
998 (c) In the case of a candidate who violates the provisions
999 of this part or s. 8(a) and (i), Art. II of the State
1000 Constitution:
1001 1. Disqualification from being on the ballot.
1002 2. Public censure.
1003 3. Reprimand.
1004 4. A civil penalty of up to $100,000 not to exceed $10,000.
1005 (d) In the case of a former public officer or employee who
1006 has violated a provision applicable to former officers or
1007 employees or whose violation occurred before the officer’s or
1008 employee’s leaving public office or employment:
1009 1. Public censure and reprimand.
1010 2. A civil penalty of up to $100,000 not to exceed $10,000.
1011 3. Restitution of any pecuniary benefits received because
1012 of the violation committed. The commission may recommend that
1013 the restitution penalty be paid to the agency of the public
1014 officer or employee or to the General Revenue Fund.
1015 (e) In the case of a person who is subject to the standards
1016 of this part, other than a lobbyist or lobbying firm under s.
1017 112.3215 for a violation of s. 112.3215, but who is not a public
1018 officer or employee:
1019 1. Public censure and reprimand.
1020 2. A civil penalty not to exceed $100,000 $10,000.
1021 3. Restitution of any pecuniary benefits received because
1022 of the violation committed. The commission may recommend that
1023 the restitution penalty be paid to the agency of the person or
1024 to the General Revenue Fund.
1025 (2) A person who knowingly fails to file a disclosure
1026 required by this part within 90 days after the specified date
1027 commits a misdemeanor of the first degree, punishable as
1028 provided in s. 775.082 or s. 775.083.
1029 (3)(2) In any case in which the commission finds a
1030 violation of this part or of s. 8, Art. II of the State
1031 Constitution and the proper disciplinary official or body under
1032 s. 112.324 imposes a civil penalty or restitution penalty, the
1033 Attorney General shall bring a civil action to recover such
1034 penalty. A No defense may not be raised in the civil action to
1035 enforce the civil penalty or order of restitution which that
1036 could have been raised by judicial review of the administrative
1037 findings and recommendations of the commission by certiorari to
1038 the district court of appeal. The Attorney General shall collect
1039 any costs, attorney’s fees, expert witness fees, or other costs
1040 of collection incurred in bringing the action.
1041 (4)(3) The penalties prescribed in this part do shall not
1042 be construed to limit or to conflict with:
1043 (a) The power of either house of the Legislature to
1044 discipline its own members or impeach a public officer.
1045 (b) The power of agencies to discipline officers or
1046 employees.
1047 (5)(4) Any violation of this part or of s. 8, Art. II of
1048 the State Constitution by a public officer constitutes shall
1049 constitute malfeasance, misfeasance, or neglect of duty in
1050 office within the meaning of s. 7, Art. IV of the State
1051 Constitution.
1052 (6)(5) By order of the Governor, upon recommendation of the
1053 commission, any elected municipal officer who violates any
1054 provision of this part or of s. 8, Art. II of the State
1055 Constitution may be suspended from office and the office filled
1056 by appointment for the period of suspension. The suspended
1057 officer may at any time before removal be reinstated by the
1058 Governor. The Senate may, in proceedings prescribed by law,
1059 remove from office, or reinstate, the suspended officer
1060 official, and for such purpose the Senate may be convened in
1061 special session by its President or by a majority of its
1062 membership.
1063 (7)(6) In any case in which the commission finds probable
1064 cause to believe that a complainant has committed perjury in
1065 regard to any document filed with, or any testimony given
1066 before, the commission, it shall refer such evidence to the
1067 appropriate law enforcement agency for prosecution and taxation
1068 of costs.
1069 (8)(7) If In any case in which the commission determines
1070 that a person has filed a complaint against a public officer or
1071 employee with actual malice a malicious intent to injure the
1072 reputation of such officer or employee by filing the complaint
1073 with knowledge that the complaint contains one or more false
1074 allegations or with reckless disregard for whether the complaint
1075 contains false allegations of fact material to a violation of
1076 this part, the complainant is shall be liable for costs plus
1077 reasonable attorney’s fees incurred in the defense of the person
1078 complained against, including the costs and reasonable
1079 attorney’s fees incurred in proving entitlement to and the
1080 amount of costs and fees. If the complainant fails to pay such
1081 costs and fees voluntarily within 30 days following such finding
1082 by the commission, the commission shall forward such information
1083 to the Department of Legal Affairs, which shall bring a civil
1084 action in a court of competent jurisdiction to recover the
1085 amount of such costs and fees awarded by the commission.
1086 Section 11. Subsection (8) of section 112.3215, Florida
1087 Statutes, is amended, present subsection (14) of that section is
1088 redesignated as subsection (15), and a new subsection (14) is
1089 added to that section, to read:
1090 112.3215 Lobbying before the executive branch or the
1091 Constitution Revision Commission; registration and reporting;
1092 investigation by commission.—
1093 (8)(a) The commission shall investigate every sworn
1094 complaint that is filed with it alleging that a person covered
1095 by this section has failed to register, has failed to submit a
1096 compensation report, has made a prohibited expenditure, or has
1097 knowingly submitted false information in any report or
1098 registration required under in this section.
1099 (b) All proceedings, the complaint, and other records
1100 relating to the investigation are confidential and exempt from
1101 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1102 Constitution, and any meetings held pursuant to an investigation
1103 are exempt from the provisions of s. 286.011(1) and s. 24(b),
1104 Art. I of the State Constitution either until the alleged
1105 violator requests in writing that such investigation and
1106 associated records and meetings be made public or until the
1107 commission determines, based on the investigation, whether
1108 probable cause exists to believe that a violation has occurred.
1109 (c) The commission shall investigate any lobbying firm,
1110 lobbyist, principal, agency, officer, or employee upon receipt
1111 of information from a sworn complaint or from a random audit of
1112 lobbying reports indicating a possible violation other than a
1113 late-filed report.
1114 (d)1. Records relating to an audit conducted pursuant to
1115 this section or an investigation conducted pursuant to this
1116 section or s. 112.32155 are confidential and exempt from s.
1117 119.07(1) and s. 24(a), Art. I of the State Constitution.
1118 2. Any portion of a meeting wherein such investigation or
1119 audit is discussed is exempt from s. 286.011 and s. 24(b), Art.
1120 I of the State Constitution.
1121 3. The exemptions no longer apply if the lobbying firm
1122 requests in writing that such investigation and associated
1123 records and meetings be made public or the commission determines
1124 there is probable cause that the audit reflects a violation of
1125 the reporting laws.
1126 (14) Any person who is required to be registered or to
1127 provide information under this section or under rules adopted
1128 pursuant to this section and who knowingly fails to disclose any
1129 material fact that is required by this section or related rules,
1130 or who knowingly provides false information on any report
1131 required by this section or related rules, commits a noncriminal
1132 infraction, punishable by a fine not to exceed $5,000. This fine
1133 is in addition to any other penalty assessed by the Governor and
1134 Cabinet pursuant to subsection (10).
1135 Section 12. Section 112.324, Florida Statutes, is amended
1136 to read:
1137 112.324 Procedures on complaints of violations; public
1138 records and meeting exemptions.—
1139 (1) Upon a written complaint executed on a form prescribed
1140 by the commission and signed under oath or affirmation by any
1141 person, The commission shall investigate any alleged violation
1142 of this part or any other alleged breach of the public trust
1143 within the jurisdiction of the commission as provided in s.
1144 8(f), Art. II of the State Constitution in accordance with
1145 procedures set forth herein.
1146 (a) Such investigation shall commence upon the receipt of:
1147 1. A written complaint executed on a form prescribed by the
1148 commission and signed under oath or affirmation by the
1149 complainant;
1150 2. Reliable and publicly disseminated information that
1151 seven members of the commission deem sufficient to indicate a
1152 breach of the public trust. Commission staff may not undertake a
1153 formal investigation, other than the collection of publicly
1154 disseminated information, before the commission makes a
1155 determination of sufficiency; or
1156 3. A written referral of a possible violation of this part
1157 or other possible breach of the public trust from the Governor,
1158 the Chief Financial Officer, a state attorney, the executive
1159 director of the Department of Law Enforcement, or the statewide
1160 prosecutor, which seven members of the commission deem
1161 sufficient to indicate a breach of the public trust.
1162 (b) Within 5 days after the commission receives receipt of
1163 a complaint, or after the commission determines that there is a
1164 legally sufficient indication of a breach of the public trust
1165 pursuant to publicly disseminated information or a written
1166 referral by the commission, a copy of the complaint or
1167 determination of sufficiency shall be transmitted to the alleged
1168 violator.
1169 (c) A complaint under this part against a candidate in any
1170 general, special, or primary election may not be filed and any
1171 intention of filing such a complaint may not be disclosed on the
1172 day of such election or within the 5 days immediately preceding
1173 the date of the election.
1174 (2)(a) The complaint and records relating to the complaint
1175 or to any preliminary investigation held by the commission or
1176 its agents, by a Commission on Ethics and Public Trust
1177 established by any county defined in s. 125.011(1) or by any
1178 municipality defined in s. 165.031, or by any county or
1179 municipality that has established a local investigatory process
1180 to enforce more stringent standards of conduct and disclosure
1181 requirements as provided in s. 112.326 are confidential and
1182 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1183 of the State Constitution.
1184 (b) Any proceeding conducted by the commission, a
1185 Commission on Ethics and Public Trust, or a county or
1186 municipality that has established such local investigatory
1187 process, pursuant to a complaint or preliminary investigation,
1188 is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
1189 the State Constitution, and s. 120.525.
1190 (c) The exemptions in paragraphs (a) and (b) apply until
1191 the complaint is dismissed as legally insufficient, until the
1192 alleged violator requests in writing that such records and
1193 proceedings be made public, or until the commission, a
1194 Commission on Ethics and Public Trust, or a county or
1195 municipality that has established such local investigatory
1196 process determines, based on such investigation, whether
1197 probable cause exists to believe that a violation has occurred.
1198 In no event shall a complaint under this part against a
1199 candidate in any general, special, or primary election be filed
1200 or any intention of filing such a complaint be disclosed on the
1201 day of any such election or within the 5 days immediately
1202 preceding the date of the election.
1203 (d) This subsection is subject to the Open Government
1204 Sunset Review Act in accordance with s. 119.15 and shall stand
1205 repealed on October 2, 2015, unless reviewed and saved from
1206 repeal through reenactment by the Legislature.
1207 (3) A preliminary investigation shall be undertaken by the
1208 commission of each legally sufficient complaint or other
1209 indication of a breach of the public trust over which the
1210 commission has jurisdiction to determine whether there is
1211 probable cause to believe that a violation has occurred.
1212 (a) If, upon completion of the preliminary investigation,
1213 the commission finds no probable cause to believe that this part
1214 has been violated or that any other breach of the public trust
1215 has been committed, the commission shall dismiss the complaint
1216 or other determination with the issuance of a public report to
1217 the complainant or referring official and the alleged violator,
1218 stating with particularity its reasons for dismissal of the
1219 complaint. At that time, the complaint or other alleged breach
1220 of the public trust, and all related materials relating to the
1221 complaint shall become a matter of public record.
1222 (b) If the commission finds from the preliminary
1223 investigation probable cause to believe that this part has been
1224 violated or that any other breach of the public trust has been
1225 committed, it shall so notify the complainant or referring
1226 official and the alleged violator in writing. The Such
1227 notification and all documents made or received in the
1228 determination of probable cause disposition of the complaint
1229 shall then become public records. Upon request submitted to the
1230 commission in writing, any person who the commission finds
1231 probable cause to believe has violated any provision of this
1232 part or has committed any other breach of the public trust is
1233 shall be entitled to a public hearing. Such person shall be
1234 deemed to have waived the right to a public hearing if the
1235 request is not received within 14 days following the mailing of
1236 the probable cause notification required by this subsection.
1237 However, the commission may on its own motion, require a public
1238 hearing, may conduct such further investigation as it deems
1239 necessary, and may enter into such stipulations and settlements
1240 as it finds to be just and in the best interest of the state.
1241 The commission is without jurisdiction to, and a no respondent
1242 may not voluntarily or involuntarily, enter into a stipulation
1243 or settlement that which imposes any penalty, including, but not
1244 limited to, a sanction or admonition or any other penalty
1245 contained in s. 112.317. Penalties shall be imposed only by the
1246 appropriate disciplinary authority as designated in this
1247 section.
1248 (4) If, in cases pertaining to members of the Legislature,
1249 upon completion of a full and final investigation by the
1250 commission, the commission finds that there has been a violation
1251 of this part or of any provision of s. 8, Art. II of the State
1252 Constitution, the commission shall forward a copy of the
1253 complaint or referral and its findings by certified mail to the
1254 President of the Senate or the Speaker of the House of
1255 Representatives, whichever is applicable, who shall refer the
1256 matter complaint to the appropriate committee for investigation
1257 and action, which shall be governed by the rules of its
1258 respective house. It shall be the duty of The committee shall to
1259 report its final action upon the matter complaint to the
1260 commission within 90 days after of the date of transmittal to
1261 the respective house. Upon request of the committee, the
1262 commission shall submit a recommendation as to what penalty, if
1263 any, should be imposed. In the case of a member of the
1264 Legislature, the house in which the member serves is empowered
1265 shall have the power to invoke the penalty provisions of this
1266 part.
1267 (5) If, in cases pertaining to complaints against
1268 impeachable officers, upon completion of a full and final
1269 investigation by the commission, the commission finds that there
1270 has been a violation of this part or of any provision of s. 8,
1271 Art. II of the State Constitution, and the commission finds that
1272 the violation may constitute grounds for impeachment, the
1273 commission shall forward a copy of the complaint or referral and
1274 its findings by certified mail to the Speaker of the House of
1275 Representatives, who shall refer the matter complaint to the
1276 appropriate committee for investigation and action, which shall
1277 be governed by the rules of the House of Representatives. It is
1278 shall be the duty of the committee to report its final action
1279 upon the matter complaint to the commission within 90 days after
1280 of the date of transmittal.
1281 (6) If the commission finds that there has been a violation
1282 of this part or of any provision of s. 8, Art. II of the State
1283 Constitution by an impeachable officer other than the Governor,
1284 and the commission recommends public censure and reprimand,
1285 forfeiture of a portion of the officer’s salary, a civil
1286 penalty, or restitution, the commission shall report its
1287 findings and recommendation of disciplinary action to the
1288 Governor, who is empowered shall have the power to invoke the
1289 penalty provisions of this part.
1290 (7) If the commission finds that there has been a violation
1291 of this part or of any provision of s. 8, Art. II of the State
1292 Constitution by the Governor, and the commission recommends
1293 public censure and reprimand, forfeiture of a portion of the
1294 Governor’s salary, a civil penalty, or restitution, the
1295 commission shall report its findings and recommendation of
1296 disciplinary action to the Attorney General, who is empowered
1297 shall have the power to invoke the penalty provisions of this
1298 part.
1299 (8) If, in cases pertaining to complaints other than
1300 complaints against impeachable officers or members of the
1301 Legislature, upon completion of a full and final investigation
1302 by the commission, the commission finds that there has been a
1303 violation of this part or of s. 8, Art. II of the State
1304 Constitution, it shall be the duty of the commission shall to
1305 report its findings and recommend appropriate action to the
1306 proper disciplinary official or body as follows, and such
1307 official or body may shall have the power to invoke the penalty
1308 provisions of this part, including the power to order the
1309 appropriate elections official to remove a candidate from the
1310 ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
1311 II of the State Constitution:
1312 (a) The President of the Senate and the Speaker of the
1313 House of Representatives, jointly, in any case concerning the
1314 Public Counsel, members of the Public Service Commission,
1315 members of the Public Service Commission Nominating Council, the
1316 Auditor General, or the director of the Office of Program Policy
1317 Analysis and Government Accountability.
1318 (b) The Supreme Court, in any case concerning an employee
1319 of the judicial branch.
1320 (c) The President of the Senate, in any case concerning an
1321 employee of the Senate; the Speaker of the House of
1322 Representatives, in any case concerning an employee of the House
1323 of Representatives; or the President and the Speaker, jointly,
1324 in any case concerning an employee of a committee of the
1325 Legislature whose members are appointed solely by the President
1326 and the Speaker or in any case concerning an employee of the
1327 Public Counsel, Public Service Commission, Auditor General, or
1328 Office of Program Policy Analysis and Government Accountability.
1329 (d) Except as otherwise provided by this part, the
1330 Governor, in the case of any other public officer, public
1331 employee, former public officer or public employee, candidate or
1332 former candidate, or person who is not a public officer or
1333 employee, other than lobbyists and lobbying firms under s.
1334 112.3215 for violations of s. 112.3215.
1335 (e) The President of the Senate or the Speaker of the House
1336 of Representatives, as whichever is applicable, in any case
1337 concerning a former member of the Legislature who has violated a
1338 provision applicable to former members or whose violation
1339 occurred while a member of the Legislature.
1340 (9) In addition to reporting its findings to the proper
1341 disciplinary body or official, the commission shall report these
1342 findings to the state attorney or any other appropriate official
1343 or agency having authority to initiate prosecution if a when
1344 violation of criminal law is indicated.
1345 (10) Notwithstanding the foregoing procedures of this
1346 section, a sworn complaint against any member or employee of the
1347 Commission on Ethics for violation of this part or of s. 8, Art.
1348 II of the State Constitution shall be filed with the President
1349 of the Senate and the Speaker of the House of Representatives.
1350 Each presiding officer shall, after determining that there are
1351 sufficient grounds for review, appoint three members of their
1352 respective bodies to a special joint committee to who shall
1353 investigate the complaint. The members shall elect a chair from
1354 among their number. If the special joint committee finds
1355 insufficient evidence to establish probable cause to believe a
1356 violation of this part or of s. 8, Art. II of the State
1357 Constitution has occurred, it shall dismiss the complaint. If,
1358 upon completion of its preliminary investigation, the committee
1359 finds sufficient evidence to establish probable cause to believe
1360 a violation has occurred, the chair thereof shall transmit such
1361 findings to the Governor who shall convene a meeting of the
1362 Governor, the President of the Senate, the Speaker of the House
1363 of Representatives, and the Chief Justice of the Supreme Court
1364 to take such final action on the complaint as they shall deem
1365 appropriate, consistent with the penalty provisions of this
1366 part. Upon request of a majority of the Governor, the President
1367 of the Senate, the Speaker of the House of Representatives, and
1368 the Chief Justice of the Supreme Court, the special joint
1369 committee shall submit a recommendation as to what penalty, if
1370 any, should be imposed.
1371 (11) Notwithstanding the provisions of subsections (1)-(8),
1372 the commission may, at its discretion, dismiss any complaint or
1373 other indication of a breach of the public trust at any stage of
1374 disposition if should it finds determine that the public
1375 interest would not be served by proceeding further, in which
1376 case the commission shall issue a public report stating with
1377 particularity its reasons for the dismissal.
1378 Section 13. Paragraph (c) of subsection (1) of section
1379 310.151, Florida Statutes, is amended to read:
1380 310.151 Rates of pilotage; Pilotage Rate Review Committee.—
1381 (1)
1382 (c) Committee members must shall comply with the disclosure
1383 requirements of s. 112.3143(3) 112.3143(4) if participating in
1384 any matter that would result in special private gain or loss as
1385 described in that subsection.
1386 Section 14. Paragraph (a) of subsection (5) of section
1387 411.01, Florida Statutes, is amended to read:
1388 411.01 School readiness programs; early learning
1389 coalitions.—
1390 (5) CREATION OF EARLY LEARNING COALITIONS.—
1391 (a) Early learning coalitions.—
1392 1. Each early learning coalition shall maintain direct
1393 enhancement services at the local level and ensure access to
1394 such services in all 67 counties.
1395 2. The Office of Early Learning shall establish the minimum
1396 number of children to be served by each early learning coalition
1397 through the coalition’s school readiness program. The office of
1398 Early Learning may only approve school readiness plans in
1399 accordance with this minimum number. The minimum number must be
1400 uniform for every early learning coalition and must:
1401 a. Permit 31 or fewer coalitions to be established; and
1402 b. Require each coalition to serve at least 2,000 children
1403 based upon the average number of all children served per month
1404 through the coalition’s school readiness program during the
1405 previous 12 months.
1406 3. If an early learning coalition would serve fewer
1407 children than the minimum number established under subparagraph
1408 2., the coalition must merge with another county to form a
1409 multicounty coalition. The Office of Early Learning shall adopt
1410 procedures for merging early learning coalitions, including
1411 procedures for the consolidation of merging coalitions, and for
1412 the early termination of the terms of coalition members which
1413 are necessary to accomplish the mergers. However, the office of
1414 Early Learning shall grant a waiver to an early learning
1415 coalition to serve fewer children than the minimum number
1416 established under subparagraph 2., if:
1417 a. The office of Early Learning has determined during the
1418 most recent review of the coalition’s school readiness plan, or
1419 through monitoring and performance evaluations conducted under
1420 paragraph (4)(l), that the coalition has substantially
1421 implemented its plan;
1422 b. The coalition demonstrates to the office of Early
1423 Learning the coalition’s ability to effectively and efficiently
1424 implement the Voluntary Prekindergarten Education Program; and
1425 c. The coalition demonstrates to the office of Early
1426 Learning that the coalition can perform its duties in accordance
1427 with law.
1428
1429 If an early learning coalition fails or refuses to merge as
1430 required by this subparagraph, the Office of Early Learning may
1431 dissolve the coalition and temporarily contract with a qualified
1432 entity to continue school readiness and prekindergarten services
1433 in the coalition’s county or multicounty region until the office
1434 reestablishes the coalition and a new school readiness plan is
1435 approved by the office.
1436 4. Each early learning coalition shall be composed of at
1437 least 15 members but not more than 30 members. The Office of
1438 Early Learning shall adopt standards establishing within this
1439 range the minimum and maximum number of members that may be
1440 appointed to an early learning coalition and procedures for
1441 identifying which members have voting privileges under
1442 subparagraph 6. These standards must include variations for a
1443 coalition serving a multicounty region. Each early learning
1444 coalition must comply with these standards.
1445 5. The Governor shall appoint the chair and two other
1446 members of each early learning coalition, who must each meet the
1447 same qualifications as private sector business members appointed
1448 by the coalition under subparagraph 7.
1449 6. Each early learning coalition must include the following
1450 member positions; however, in a multicounty coalition, each ex
1451 officio member position may be filled by multiple nonvoting
1452 members but no more than one voting member shall be seated per
1453 member position. If an early learning coalition has more than
1454 one member representing the same entity, only one of such
1455 members may serve as a voting member:
1456 a. A Department of Children and Family Services circuit
1457 administrator or his or her designee who is authorized to make
1458 decisions on behalf of the department.
1459 b. A district superintendent of schools or his or her
1460 designee who is authorized to make decisions on behalf of the
1461 district.
1462 c. A regional workforce board executive director or his or
1463 her designee.
1464 d. A county health department director or his or her
1465 designee.
1466 e. A children’s services council or juvenile welfare board
1467 chair or executive director, if applicable.
1468 f. An agency head of a local licensing agency as defined in
1469 s. 402.302, where applicable.
1470 g. A president of a community college or his or her
1471 designee.
1472 h. One member appointed by a board of county commissioners
1473 or the governing board of a municipality.
1474 i. A central agency administrator, where applicable.
1475 j. A Head Start director.
1476 k. A representative of private for-profit child care
1477 providers, including private for-profit family day care homes.
1478 l. A representative of faith-based child care providers.
1479 m. A representative of programs for children with
1480 disabilities under the federal Individuals with Disabilities
1481 Education Act.
1482 7. Including the members appointed by the Governor under
1483 subparagraph 5., more than one-third of the members of each
1484 early learning coalition must be private sector business members
1485 who do not have, and none of whose relatives as defined in s.
1486 112.3143 has, a substantial financial interest in the design or
1487 delivery of the Voluntary Prekindergarten Education Program
1488 created under part V of chapter 1002 or the coalition’s school
1489 readiness program. To meet this requirement an early learning
1490 coalition must appoint additional members. The Office of Early
1491 Learning shall establish criteria for appointing private sector
1492 business members. These criteria must include standards for
1493 determining whether a member or relative has a substantial
1494 financial interest in the design or delivery of the Voluntary
1495 Prekindergarten Education Program or the coalition’s school
1496 readiness program.
1497 8. A majority of the voting membership of an early learning
1498 coalition constitutes a quorum required to conduct the business
1499 of the coalition. An early learning coalition board may use any
1500 method of telecommunications to conduct meetings, including
1501 establishing a quorum through telecommunications if, provided
1502 that the public is given proper notice of a telecommunications
1503 meeting and reasonable access to observe and, when appropriate,
1504 participate.
1505 9. A voting member of an early learning coalition may not
1506 appoint a designee to act in his or her place, except as
1507 otherwise provided in this paragraph. A voting member may send a
1508 representative to coalition meetings, but that representative
1509 does not have voting privileges. If When a district
1510 administrator for the Department of Children and Family Services
1511 appoints a designee to an early learning coalition, the designee
1512 is the voting member of the coalition, and any individual
1513 attending in the designee’s place, including the district
1514 administrator, does not have voting privileges.
1515 10. Each member of an early learning coalition is subject
1516 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
1517 112.3143(3) s. 112.3143(3)(a), each voting member is a local
1518 public officer who must abstain from voting when a voting
1519 conflict exists.
1520 11. For purposes of tort liability, each member or employee
1521 of an early learning coalition is shall be governed by s.
1522 768.28.
1523 12. An early learning coalition serving a multicounty
1524 region must include representation from each county.
1525 13. Each early learning coalition shall establish terms for
1526 all appointed members of the coalition. The terms must be
1527 staggered and must be a uniform length that does not exceed 4
1528 years per term. Coalition chairs shall be appointed for 4 years
1529 in conjunction with their membership on the Early Learning
1530 Advisory Council under s. 20.052. Appointed members may serve a
1531 maximum of two consecutive terms. If When a vacancy occurs in an
1532 appointed position, the coalition must advertise the vacancy.
1533 Section 15. This act shall take effect July 1, 2012.