Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 606
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 112.3142, Florida Statutes, is amended
    6  to read:
    7         112.3142 Ethics training for specified constitutional
    8  officers and elected municipal officers.—
    9         (1) As used in this section, the term “constitutional
   10  officers” includes the Governor, the Lieutenant Governor, the
   11  Attorney General, the Chief Financial Officer, the Commissioner
   12  of Agriculture, state attorneys, public defenders, sheriffs, tax
   13  collectors, property appraisers, supervisors of elections,
   14  clerks of the circuit court, county commissioners, district
   15  school board members, and superintendents of schools.
   16         (2)(a) All constitutional officers must complete 4 hours of
   17  ethics training each calendar year which annually that
   18  addresses, at a minimum, s. 8, Art. II of the State
   19  Constitution, the Code of Ethics for Public Officers and
   20  Employees, and the public records and public meetings laws of
   21  this state. This requirement may be satisfied by completion of a
   22  continuing legal education class or other continuing
   23  professional education class, seminar, or presentation if the
   24  required subjects are covered.
   25         (b) Beginning January 1, 2015, all elected municipal
   26  officers must complete 4 hours of ethics training each calendar
   27  year which addresses, at a minimum, s. 8, Art. II of the State
   28  Constitution, the Code of Ethics for Public Officers and
   29  Employees, and the public records and public meetings laws of
   30  this state. This requirement may be satisfied by completion of a
   31  continuing legal education class or other continuing
   32  professional education class, seminar, or presentation if the
   33  required subjects are covered.
   34         (c)(b) The commission shall adopt rules establishing
   35  minimum course content for the portion of an ethics training
   36  class which that addresses s. 8, Art. II of the State
   37  Constitution and the Code of Ethics for Public Officers and
   38  Employees.
   39         (d) The Legislature intends that a constitutional officer
   40  or elected municipal officer who is required to complete ethics
   41  training pursuant to this section receive the required training
   42  as close as possible to the date on which he or she assumes
   43  office. A constitutional officer or elected municipal officer
   44  assuming a new office or new term of office on or before March
   45  31 must complete the annual training on or before December 31 of
   46  the year in which the term of office began. A constitutional
   47  officer or elected municipal officer assuming a new office after
   48  March 31 is not required to complete ethics training for the
   49  calendar year in which he or she assumes the new office.
   50         (3) Each house of the Legislature shall provide for ethics
   51  training pursuant to its rules.
   52         Section 2. Subsection (7) of section 112.317, Florida
   53  Statutes, is amended to read:
   54         112.317 Penalties.—
   55         (7) If In any case in which the commission determines that
   56  a person has filed a complaint against a public officer or
   57  employee with a malicious intent to injure the reputation of
   58  such officer or employee, which intent may be shown by the
   59  filing of the complaint with knowledge that the complaint
   60  contains one or more false allegations or with reckless
   61  disregard for whether the complaint contains false allegations
   62  of fact material to a violation of this part:,
   63         (a) The complainant is shall be liable for costs and plus
   64  reasonable attorney fees incurred in the defense of the person
   65  complained against, including the costs and reasonable attorney
   66  fees incurred in proving entitlement to and the amount of costs
   67  and fees; and
   68         (b) If the commission further finds the complainant
   69  willfully disclosed, or permitted to be disclosed, the existence
   70  or contents of the complaint, or any document, action, or
   71  proceeding in connection with a preliminary investigation of the
   72  commission, before such complaint, document, action, or
   73  proceeding became a public record as provided in this part, the
   74  commission shall impose on the complainant a civil penalty of
   75  not less than $1,000 but not more than $5,000.
   76  
   77  If the complainant fails to pay such penalty, if any, costs, and
   78  fees voluntarily within 30 days after following such finding by
   79  the commission, the commission shall forward such information to
   80  the Department of Legal Affairs, which shall bring a civil
   81  action in a court of competent jurisdiction to recover the
   82  amount of such penalty, costs, and fees awarded by the
   83  commission.
   84         Section 3. Present subsections (4) through (9) of section
   85  112.322, Florida Statutes, are renumbered as subsections (5)
   86  through (10), respectively, and a new subsection (4) is added to
   87  that section, to read:
   88         112.322 Duties and powers of commission.—
   89         (4)(a) A public officer, candidate for public office, or
   90  public employee, or an attorney on such person’s behalf, when in
   91  doubt about the applicability and interpretation of this part or
   92  s. 8, Art. II of the State Constitution to himself or herself in
   93  a particular context, may submit the facts of the situation to
   94  commission staff for a request for guidance to establish the
   95  standard of public duty. Additionally, a public officer or
   96  public employee who has authority to hire or terminate employees
   97  may request guidance from commission staff as to the application
   98  of this part or s. 8, Art. II of the State Constitution with
   99  respect to an employee or applicant for employment. Upon
  100  request, written guidance shall be rendered by commission staff
  101  to the requestor in an expedited manner not to exceed 7 calendar
  102  days from the original date of request for guidance, unless the
  103  requestor agrees to a time extension.
  104         (b) If the requestor relies upon and acts in accordance
  105  with the written guidance, the written guidance, until amended
  106  or revoked, shall be considered to be binding on the conduct of
  107  the public officer, public employee, or candidate who sought the
  108  guidance or with reference to whom the guidance was sought,
  109  unless material facts were omitted or misstated in the request
  110  for guidance. Any action or inaction taken by the requestor in
  111  reliance on the written guidance may not form the basis of a
  112  complaint under this part or s. 8, Art. II of the State
  113  Constitution.
  114         Section 4. Section 112.326, Florida Statutes, is amended to
  115  read:
  116         112.326 Additional requirements by political subdivisions
  117  and agencies not prohibited.—Nothing in this part prohibits act
  118  shall prohibit the electors or the governing body of a any
  119  political subdivision, by charter or ordinance, or agency, by
  120  rule, from imposing upon its own officers and employees
  121  additional or more stringent standards of conduct and disclosure
  122  requirements than those specified in this part, if provided that
  123  those standards of conduct and disclosure requirements do not
  124  otherwise conflict with the provisions of this part. A political
  125  subdivision is prohibited from imposing additional or more
  126  stringent standards of conduct and disclosure requirements upon
  127  the officers and employees of another political subdivision;
  128  however, such prohibition does not apply to a political
  129  subdivision that as of March 1, 2014 has imposed additional or
  130  more stringent standards of conduct and disclosure requirements
  131  upon the officers and employees of another political
  132  subdivision. Such a political subdivision may impose further
  133  additional or more stringent standards of conduct and disclosure
  134  requirements upon the officers or employees of another political
  135  subdivision as provided by law.
  136         Section 5. Section 286.012, Florida Statutes, is amended to
  137  read:
  138         286.012 Voting requirement at meetings of governmental
  139  bodies.—No member of any state, county, or municipal
  140  governmental board, commission, or agency who is present at any
  141  meeting of any such body at which an official decision, ruling,
  142  or other official act is to be taken or adopted may abstain from
  143  voting in regard to any such decision, ruling, or act; and a
  144  vote shall be recorded or counted for each such member present,
  145  unless except when, with respect to any such member, there is,
  146  or appears to be, a possible conflict of interest under the
  147  provisions of s. 112.311, s. 112.313, or s. 112.3143, or
  148  additional or more stringent standards of conduct, if any,
  149  adopted pursuant to s. 112.326. If there is, or appears to be, a
  150  possible conflict under s. 112.311, s. 112.313, or s. 112.3143,
  151  the member shall comply with the disclosure requirements of s.
  152  112.3143. If the only conflict or possible conflict is one
  153  arising from additional or more stringent standards adopted
  154  pursuant to s. 112.326, the member shall comply with any
  155  disclosure requirements adopted pursuant to s. 112.326. In such
  156  cases, said member shall comply with the disclosure requirements
  157  of s. 112.3143.
  158         Section 6. If any provision of this act or its application
  159  to any person or circumstance is held invalid, the invalidity
  160  does not affect other provisions or applications of the act
  161  which can be given effect without the invalid provision or
  162  application, and to this end the provisions of this act are
  163  severable.
  164         Section 7. This act shall take effect July 1, 2014.
  165  
  166  ================= T I T L E  A M E N D M E N T ================
  167  And the title is amended as follows:
  168         Delete everything before the enacting clause
  169  and insert:
  170                        A bill to be entitled                      
  171         An act relating to governmental ethics; amending s.
  172         112.3142, F.S.; requiring elected municipal officers
  173         to complete annual ethics training; providing
  174         legislative intent; amending s. 112.317, F.S.;
  175         requiring the Commission on Ethics to impose a civil
  176         penalty on a person who has filed a complaint with
  177         malicious intent under certain circumstances; amending
  178         s. 112.322, F.S.; authorizing certain individuals to
  179         request written guidance from the commission under
  180         certain circumstances; requiring the commission to
  181         render written guidance within a specified timeframe;
  182         providing that the written guidance is binding on the
  183         conduct of the requestor; providing exceptions;
  184         providing that action or inaction in reliance on
  185         written guidance may not form the basis of a
  186         complaint; amending s. 112.326, F.S.; prohibiting a
  187         political subdivision from imposing additional
  188         standards of conduct upon the public officers and
  189         employees of another political subdivision; providing
  190         exceptions; amending s. 286.012, F.S.; revising
  191         disclosure requirements with respect to a voting
  192         abstention at a meeting of a governmental body;
  193         providing for severability; providing an effective
  194         date.