Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 606
       
       
       
       
       
       
                                Ì976080&Î976080                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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 (1) of section 112.317, Florida
   53  Statutes, is amended to read:
   54         112.317 Penalties.—
   55         (1) Any violation of this part, including, but not limited
   56  to, failure to file disclosures required by this part or
   57  violation of any standard of conduct imposed by this part, or
   58  any violation of s. 8, Art. II of the State Constitution, or a
   59  standard of conduct which is adopted pursuant to s. 112.326 and
   60  is not in conflict with this part, in addition to any criminal
   61  penalty or other civil penalty involved, under applicable
   62  constitutional and statutory procedures, constitutes grounds
   63  for, and may be punished by, one or more of the following:
   64         (a) In the case of a public officer:
   65         1. Impeachment.
   66         2. Removal from office.
   67         3. Suspension from office.
   68         4. Public censure and reprimand.
   69         5. Forfeiture of no more than one-third of his or her
   70  salary per month for no more than 12 months.
   71         6. A civil penalty not to exceed $10,000.
   72         7. Restitution of any pecuniary benefits received because
   73  of the violation committed. The commission may recommend that
   74  the restitution penalty be paid to the agency of which the
   75  public officer was a member or to the General Revenue Fund.
   76         (b) In the case of an employee or a person designated as a
   77  public officer by this part who otherwise would be deemed to be
   78  an employee:
   79         1. Dismissal from employment.
   80         2. Suspension from employment for not more than 90 days
   81  without pay.
   82         3. Demotion.
   83         4. Reduction in his or her salary level.
   84         5. Forfeiture of no more than one-third salary per month
   85  for no more than 12 months.
   86         6. A civil penalty not to exceed $10,000.
   87         7. Restitution of any pecuniary benefits received because
   88  of the violation committed. The commission may recommend that
   89  the restitution penalty be paid to the agency by which the
   90  public employee was employed, or of which the officer was deemed
   91  to be an employee, or to the General Revenue Fund.
   92         8. Public censure and reprimand.
   93         (c) In the case of a candidate who violates this part or s.
   94  8(a) and (i), Art. II of the State Constitution:
   95         1. Disqualification from being on the ballot.
   96         2. Public censure.
   97         3. Reprimand.
   98         4. A civil penalty not to exceed $10,000.
   99         (d) In the case of a former public officer or employee who
  100  has violated a provision applicable to former officers or
  101  employees or whose violation occurred before the officer’s or
  102  employee’s leaving public office or employment:
  103         1. Public censure and reprimand.
  104         2. A civil penalty not to exceed $10,000.
  105         3. Restitution of any pecuniary benefits received because
  106  of the violation committed. The commission may recommend that
  107  the restitution penalty be paid to the agency of the public
  108  officer or employee or to the General Revenue Fund.
  109         (e) In the case of a person who is subject to the standards
  110  of this part, other than a lobbyist or lobbying firm under s.
  111  112.3215 for a violation of s. 112.3215, but who is not a public
  112  officer or employee:
  113         1. Public censure and reprimand.
  114         2. A civil penalty not to exceed $10,000.
  115         3. Restitution of any pecuniary benefits received because
  116  of the violation committed. The commission may recommend that
  117  the restitution penalty be paid to the agency of the person or
  118  to the General Revenue Fund.
  119         Section 3. Subsection (1), paragraph (a) of subsection (2),
  120  and subsections (3), (5), and (7) of section 112.322, Florida
  121  Statutes, are amended to read:
  122         112.322 Duties and powers of commission.—
  123         (1) It is the duty of the Commission on Ethics to receive
  124  and investigate sworn complaints of a violation of the code of
  125  ethics as established in this part, of a violation of a standard
  126  of conduct adopted pursuant to s. 112.326 which is identical to
  127  a standard of conduct in this part, and of any other breach of
  128  the public trust, as provided in s. 8(f), Art. II of the State
  129  Constitution, including investigation of all facts and parties
  130  materially related to the complaint at issue.
  131         (2)(a) Any public officer or employee may request a hearing
  132  before the Commission on Ethics to present oral or written
  133  testimony in response to allegations that he or she such person
  134  violated the code of ethics established in this part or a
  135  standard of conduct adopted pursuant to s. 112.326 which is
  136  identical to a standard of conduct in this part, or allegations
  137  of any other breach of the public trust, as provided in s. 8,
  138  Art. II of the State Constitution, if provided a majority of the
  139  commission members present and voting consider that the
  140  allegations are of such gravity as to affect the general welfare
  141  of the state and the ability of the subject public officer or
  142  employee to effectively to discharge the duties of the office.
  143  If the allegations made against the subject public officer or
  144  employee are made under oath, the public officer or employee
  145  then he or she shall also be required to testify under oath.
  146         (3)(a) A Every public officer, candidate for public office,
  147  or public employee, when in doubt about the applicability and
  148  interpretation of this part, a standard of conduct adopted
  149  pursuant to s. 112.326 which is identical to a standard of
  150  conduct in this part, or s. 8, Art. II of the State Constitution
  151  to himself or herself in a particular context, may submit in
  152  writing the facts of the situation to the Commission on Ethics
  153  with a request for an advisory opinion to establish the standard
  154  of public duty. Any public officer or employee who has the power
  155  to hire or terminate employees may likewise seek an advisory
  156  opinion from the commission as to the application of the
  157  provisions of this part, a standard of conduct adopted pursuant
  158  to s. 112.326 which is equivalent to a standard of conduct in
  159  this part, or s. 8, Art. II of the State Constitution to any
  160  such employee or applicant for employment. The commission may
  161  provide an informal advisory opinion or a formal advisory
  162  opinion. If a formal An advisory opinion is shall be rendered by
  163  the commission, and each such opinion must shall be numbered,
  164  dated, and published without naming the person making the
  165  request, unless such person consents to the use of his or her
  166  name.
  167         (b) If the executive director determines that sufficient
  168  legal or formal advisory opinion precedent exists to establish
  169  the standard of public duty, the executive director must provide
  170  the requestor with a written informal advisory opinion
  171  containing the requested guidance. The commission must render an
  172  informal advisory opinion within 10 business days after receipt
  173  of the request, unless the executive director determines that
  174  good cause exists for a reasonable extension of time.
  175         (c) If insufficient precedent exists, or if there is
  176  substantial concern that the commission would render an opinion
  177  differing from that stated in applicable opinions or legal
  178  precedent under the material facts presented, commission staff
  179  shall prepare a draft formal opinion of the commission. The
  180  commission must address the draft formal opinion request at the
  181  next scheduled commission meeting, unless good cause exists for
  182  a reasonable extension of time.
  183         (d)(b)An informal or formal advisory Such opinion, until
  184  amended or revoked, shall be binding on the conduct of the
  185  officer, employee, or candidate who sought the opinion or with
  186  reference to whom the opinion was sought, unless material facts
  187  were omitted or misstated in the request for the advisory
  188  opinion, or have subsequently changed. If the material facts do
  189  not differ from those contained in the request, and the
  190  requestor has complied with the guidance provided by the
  191  commission or the executive director, the commission shall
  192  dismiss any complaint alleging that the conduct that is the
  193  subject of the formal or informal advisory opinion violated this
  194  part or s. 8, Art. II of the State Constitution.
  195         (5) The commission may recommend that the Governor initiate
  196  judicial proceedings in the name of the state against any
  197  executive or administrative state, county, or municipal officer
  198  to enforce compliance with any provision of this part, a
  199  standard of conduct adopted pursuant to s. 112.326 which is
  200  identical to a standard of conduct in this part, or of s. 8,
  201  Art. II of the State Constitution or to restrain violations of
  202  this part, a standard of conduct adopted pursuant to s. 112.326
  203  which is identical to a standard of conduct in this part, or of
  204  s. 8, Art. II of the State Constitution, pursuant to s. 1(b),
  205  Art. IV of the State Constitution; and the Governor may without
  206  further action initiate such judicial proceedings.
  207         (7) The commission may prepare materials designed to assist
  208  persons in complying with the provisions of this part, with a
  209  standard of conduct adopted pursuant to s. 112.326 which is
  210  identical to a standard of conduct in this part, and with s. 8,
  211  Art. II of the State Constitution.
  212         Section 4. Subsection (1) of section 112.3231, Florida
  213  Statutes, is amended to read:
  214         112.3231 Time limitations.—
  215         (1) On or after October 1, 1993, all sworn complaints
  216  alleging a violation of this part, a violation of a standard of
  217  conduct adopted pursuant to s. 112.326 which is identical to a
  218  standard of conduct in this part, or of any other breach of the
  219  public trust within the jurisdiction of the Commission on Ethics
  220  under s. 8, Art. II of the State Constitution, shall be filed
  221  with the commission within 5 years of the alleged violation or
  222  other breach of the public trust.
  223         Section 5. Subsection (1) of section 112.324, Florida
  224  Statutes, is amended to read:
  225         112.324 Procedures on complaints of violations and
  226  referrals; public records and meeting exemptions.—
  227         (1) The commission shall investigate an alleged violation
  228  of this part, a standard of conduct adopted pursuant to s.
  229  112.326 which is equivalent to a standard of conduct in this
  230  part, or other alleged breach of the public trust within the
  231  jurisdiction of the commission as provided in s. 8(f), Art. II
  232  of the State Constitution:
  233         (a) Upon a written complaint executed on a form prescribed
  234  by the commission and signed under oath or affirmation by any
  235  person; or
  236         (b) Upon receipt of a written referral of a possible
  237  violation of this part or other possible breach of the public
  238  trust from the Governor, the Department of Law Enforcement, a
  239  state attorney, or a United States Attorney which at least six
  240  members of the commission determine is sufficient to indicate a
  241  violation of this part or any other breach of the public trust.
  242  
  243  Within 5 days after receipt of a complaint by the commission or
  244  a determination by at least six members of the commission that
  245  the referral received is deemed sufficient, a copy shall be
  246  transmitted to the alleged violator.
  247         Section 6. Section 112.326, Florida Statutes, is amended to
  248  read:
  249         112.326 Additional requirements by political subdivisions
  250  and agencies not prohibited.—
  251         (1)Nothing in This part does not prohibit the electors or
  252  act shall prohibit the governing body of a any political
  253  subdivision, by charter or ordinance, or agency, by rule, from
  254  imposing upon its own officers and employees additional or more
  255  stringent standards of conduct and disclosure requirements than
  256  those specified in this part, if provided that those standards
  257  of conduct and disclosure requirements do not otherwise conflict
  258  with the provisions of this part. If a political subdivision or
  259  agency has imposed a standard of conduct identical to a standard
  260  contained in this part, a complaint regarding allegations of a
  261  breach of such standard, or a request for an advisory opinion
  262  with respect to such standard, must be made to the commission,
  263  which shall respond to the complaint or the request for an
  264  advisory opinion in the same manner as provided in ss. 112.317,
  265  112.322, and 112.324.
  266         (2) A political subdivision is prohibited from imposing
  267  additional or more stringent standards of conduct and disclosure
  268  requirements upon the public officers and employees of another
  269  political subdivision, unless the imposition of such standards
  270  and requirements are approved by a majority of the electors in
  271  the political subdivision voting upon the measure. This
  272  subsection does not apply to a political subdivision that has
  273  imposed additional or more stringent standards of conduct and
  274  disclosure requirements upon the public officers and employees
  275  of another political subdivision on or before March 1, 2014, and
  276  such a political subdivision may impose further additional or
  277  more stringent standards of conduct and disclosure requirements
  278  upon the public officers or employees of another political
  279  subdivision as authorized by law.
  280         Section 7. Section 286.012, Florida Statutes, is amended to
  281  read:
  282         286.012 Voting requirement at meetings of governmental
  283  bodies.—A No member of any state, county, or municipal
  284  governmental board, commission, or agency who is present at any
  285  meeting of any such body at which an official decision, ruling,
  286  or other official act is to be taken or adopted may not abstain
  287  from voting in regard to any such decision, ruling, or act; and
  288  a vote shall be recorded or counted for each such member
  289  present, unless except when, with respect to any such member,
  290  there is, or appears to be, a possible conflict of interest
  291  under the provisions of s. 112.311, s. 112.313, or s. 112.3143,
  292  or additional or more stringent standards of conduct, if any,
  293  adopted pursuant to s. 112.326. If there is, or appears to be, a
  294  possible conflict under s. 112.311, s. 112.313, or s. 112.3143,
  295  the member shall comply with the disclosure requirements of s.
  296  112.3143. If the only conflict or possible conflict is one
  297  arising from the additional or more stringent standards adopted
  298  pursuant to s. 112.326, the member shall comply with any
  299  disclosure requirements adopted pursuant to s. 112.326. If the
  300  official decision, ruling, or act occurs in the context of a
  301  quasi-judicial proceeding, a member may abstain from voting on
  302  such matter if the abstention is to assure a fair proceeding
  303  free from potential bias or prejudice In such cases, said member
  304  shall comply with the disclosure requirements of s. 112.3143.
  305         Section 8. This act shall take effect July 1, 2014.
  306  
  307  ================= T I T L E  A M E N D M E N T ================
  308  And the title is amended as follows:
  309         Delete everything before the enacting clause
  310  and insert:
  311                        A bill to be entitled                      
  312         An act relating to governmental ethics; amending s.
  313         112.3142, F.S.; requiring elected municipal officers
  314         to complete annual ethics training; providing
  315         legislative intent; amending s. 112.317, F.S.;
  316         conforming a provision to changes made by the act;
  317         amending s. 112.322, F.S.; revising the duties and
  318         powers of the Commission on Ethics; requiring the
  319         commission to receive and investigate complaints
  320         alleging certain violations of a standard of conduct
  321         imposed by a political subdivision or agency;
  322         specifying the circumstances in which the commission
  323         may render an informal or formal advisory opinion;
  324         requiring the commission to dismiss a complaint under
  325         certain circumstances; conforming provisions; amending
  326         s. 112.3231, F.S.; requiring that complaints alleging
  327         a violation of certain standards of conduct within the
  328         commission’s jurisdiction be filed within a specified
  329         timeframe; amending s. 112.324, F.S.; conforming a
  330         provision to changes made by the act; amending s.
  331         112.326, F.S.; requiring the commission to respond to
  332         certain complaints or requests for advisory opinions;
  333         prohibiting a political subdivision or agency from
  334         imposing additional standards of conduct upon the
  335         public officers and employees of another political
  336         subdivision; providing exceptions; amending s.
  337         286.012, F.S.; revising disclosure requirements with
  338         respect to a voting abstention at a meeting of a
  339         governmental body; authorizing a member to abstain
  340         from voting on a decision, ruling, or act in a quasi
  341         judicial proceeding under certain circumstances;
  342         providing an effective date.