Florida Senate - 2014                                     SB 606
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00510B-14                                           2014606__
    1                        A bill to be entitled                      
    2         An act relating to governmental ethics; amending s.
    3         112.3142, F.S.; requiring elected municipal officials
    4         to participate in annual ethics training; amending s.
    5         112.3148, F.S.; deleting the requirement that each
    6         reporting individual or procurement employee file a
    7         quarterly statement disclosing certain gifts with the
    8         Commission on Ethics; authorizing a reporting
    9         individual or procurement employee to request an
   10         advisory opinion regarding application of the section;
   11         requiring the opinion to be issued within 10 days
   12         after the request is received; providing that a
   13         reporting individual or procurement employee may
   14         reasonably rely on such opinion; amending s. 112.3149,
   15         F.S.; authorizing a reporting individual or
   16         procurement employee to request an advisory opinion
   17         regarding application of the section; requiring the
   18         opinion to be issued within 10 days after the request
   19         is received; providing that a reporting individual or
   20         procurement employee may reasonably rely on such
   21         opinion; amending s. 112.317, F.S.; requiring the
   22         commission to impose a civil penalty on a person who
   23         has filed a complaint with malicious intent under
   24         certain circumstances; amending s. 112.322, F.S.;
   25         requiring the commission to dismiss a complaint
   26         against a state, county, municipal, or school district
   27         officer or employee if certain circumstances are met;
   28         amending s. 112.326, F.S.; prohibiting a political
   29         subdivision from imposing additional standards of
   30         conduct upon the officers and employees of another
   31         political subdivision; amending s. 286.012, F.S.;
   32         conforming a provision to changes made by the act;
   33         providing for severability; providing effective dates.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Effective January 1, 2015, section 112.3142,
   38  Florida Statutes, is amended to read:
   39         112.3142 Ethics training for specified constitutional
   40  officers and elected municipal officials.—
   41         (1) As used in this section, the term “constitutional
   42  officers” includes the Governor, the Lieutenant Governor, the
   43  Attorney General, the Chief Financial Officer, the Commissioner
   44  of Agriculture, state attorneys, public defenders, sheriffs, tax
   45  collectors, property appraisers, supervisors of elections,
   46  clerks of the circuit court, county commissioners, district
   47  school board members, and superintendents of schools.
   48         (2)(a) All constitutional officers and elected municipal
   49  officials must complete 4 hours of ethics training each calendar
   50  year which annually that addresses, at a minimum, s. 8, Art. II
   51  of the State Constitution, the Code of Ethics for Public
   52  Officers and Employees, and the public records and public
   53  meetings laws of this state. This requirement may be satisfied
   54  by completion of a continuing legal education class or other
   55  continuing professional education class, seminar, or
   56  presentation if the required subjects are covered.
   57         (b) The commission shall adopt rules establishing minimum
   58  course content for the portion of an ethics training class which
   59  that addresses s. 8, Art. II of the State Constitution and the
   60  Code of Ethics for Public Officers and Employees.
   61         (3) Each house of the Legislature shall provide for ethics
   62  training pursuant to its rules.
   63         Section 2. Subsections (8) through (10) of section
   64  112.3148, Florida Statutes, are amended to read:
   65         112.3148 Reporting and prohibited receipt of gifts by
   66  individuals filing full or limited public disclosure of
   67  financial interests and by procurement employees.—
   68         (8)(a) Each reporting individual or procurement employee
   69  shall file a statement with the Commission on Ethics not later
   70  than the last day of each calendar quarter, for the previous
   71  calendar quarter, containing a list of gifts which he or she
   72  believes to be in excess of $100 in value, if any, accepted by
   73  him or her, for which compensation was not provided by the donee
   74  to the donor within 90 days of receipt of the gift to reduce the
   75  value to $100 or less, except the following:
   76         1. Gifts from relatives.
   77         2. Gifts prohibited by subsection (4) or s. 112.313(4).
   78         3. Gifts otherwise required to be disclosed by this
   79  section.
   80         (b) The statement shall include:
   81         1. A description of the gift, the monetary value of the
   82  gift, the name and address of the person making the gift, and
   83  the dates thereof. If any of these facts, other than the gift
   84  description, are unknown or not applicable, the report shall so
   85  state.
   86         2. A copy of any receipt for such gift provided to the
   87  reporting individual or procurement employee by the donor.
   88         (c) The statement may include an explanation of any
   89  differences between the reporting individual’s or procurement
   90  employee’s statement and the receipt provided by the donor.
   91         (d) The reporting individual’s or procurement employee’s
   92  statement shall be sworn to by such person as being a true,
   93  accurate, and total listing of all such gifts.
   94         (e) Statements must be filed not later than 5 p.m. of the
   95  due date. However, any statement that is postmarked by the
   96  United States Postal Service by midnight of the due date is
   97  deemed to have been filed in a timely manner, and a certificate
   98  of mailing obtained from and dated by the United States Postal
   99  Service at the time of the mailing, or a receipt from an
  100  established courier company, which bears a date on or before the
  101  due date constitutes proof of mailing in a timely manner.
  102         (f) If a reporting individual or procurement employee has
  103  not received any gifts described in paragraph (a) during a
  104  calendar quarter, he or she is not required to file a statement
  105  under this subsection for that calendar quarter.
  106         (8)(9) A person, other than a lobbyist regulated under s.
  107  11.045, who violates the provisions of subsection (5) commits a
  108  noncriminal infraction, punishable by a fine of up to not more
  109  than $5,000 and by a prohibition for a period of not more than
  110  24 months on lobbying, or employing a lobbyist to lobby, before
  111  the agency of the reporting individual or procurement employee
  112  to which the gift was given in violation of subsection (5), for
  113  a period of not more than 24 months. The state attorney, or an
  114  agency, if otherwise authorized, may initiate an action to
  115  impose or recover a fine authorized under this section or to
  116  impose or enforce a limitation on lobbying provided in this
  117  section.
  118         (9)(a)(10) A member of the Legislature may request an
  119  advisory opinion from the general counsel of the house of which
  120  he or she is a member as to the application of this section to a
  121  specific situation. The general counsel shall issue the opinion
  122  within 10 days after receiving the request. The member of the
  123  Legislature may reasonably rely on such opinion.
  124         (b) A reporting individual or procurement employee may
  125  request an advisory opinion from his or her agency’s attorney as
  126  to the application of this section to a specific situation. The
  127  attorney shall issue the opinion within 10 days after receiving
  128  the request. The reporting individual or procurement employee
  129  may reasonably rely on such opinion.
  130         Section 3. Subsection (8) of section 112.3149, Florida
  131  Statutes, is amended to read:
  132         112.3149 Solicitation and disclosure of honoraria.—
  133         (8)(a) A member of the Legislature may request an advisory
  134  opinion from the general counsel of the house of which he or she
  135  is a member as to the application of this section to a specific
  136  situation. The general counsel shall issue the opinion within 10
  137  days after receiving the request. The member of the Legislature
  138  may reasonably rely on such opinion.
  139         (b)A reporting individual or procurement employee may
  140  request an advisory opinion from his or her agency’s attorney as
  141  to the application of this section to a specific situation. The
  142  attorney shall issue the opinion within 10 days after receiving
  143  the request. The reporting individual or procurement employee
  144  may reasonably rely on such opinion.
  145         Section 4. Subsection (7) of section 112.317, Florida
  146  Statutes, is amended to read:
  147         112.317 Penalties.—
  148         (7) If In any case in which the commission determines that
  149  a person has filed a complaint against a public officer or
  150  employee with a malicious intent to injure the reputation of
  151  such officer or employee, which intent may be shown by the
  152  filing of the complaint with knowledge that the complaint
  153  contains one or more false allegations or with reckless
  154  disregard for whether the complaint contains false allegations
  155  of fact material to a violation of this part:,
  156         (a) The complainant is shall be liable for costs and plus
  157  reasonable attorney fees incurred in the defense of the person
  158  complained against, including the costs and reasonable attorney
  159  fees incurred in proving entitlement to and the amount of costs
  160  and fees; and
  161         (b) If the commission further finds the complainant
  162  willfully disclosed, or permitted to be disclosed, the existence
  163  or contents of the complaint, or any document, action, or
  164  proceeding in connection with a preliminary investigation of the
  165  commission, before such complaint, document, action, or
  166  proceeding became a public record as provided in this part, the
  167  commission shall impose on the complainant a civil penalty of
  168  not less than $1,000 but not more than $5,000.
  169  
  170  If the complainant fails to pay such penalty, if any, costs, and
  171  fees voluntarily within 30 days after following such finding by
  172  the commission, the commission shall forward such information to
  173  the Department of Legal Affairs, which shall bring a civil
  174  action in a court of competent jurisdiction to recover the
  175  amount of such penalty, costs, and fees awarded by the
  176  commission.
  177         Section 5. Present subsections (4) through (9) of section
  178  112.322, Florida Statutes, are redesignated as subsections (5)
  179  through (10), respectively, and a new subsection (4) is added to
  180  that section, to read:
  181         112.322 Duties and powers of commission.—
  182         (4) The commission shall dismiss a complaint that a state,
  183  county, municipal, or school district officer or employee
  184  violated any provision of this part or s. 8, Art. II of the
  185  State Constitution relating to a possible conflict of interest
  186  if the commission finds that, before the act that forms the
  187  basis of the complaint, the officer or employee:
  188         (a) Consulted with his or her agency’s attorney;
  189         (b) Provided a full and complete written disclosure or made
  190  an oral disclosure at a duly noticed public meeting of all
  191  material facts relevant to the allegation before the commission;
  192         (c) Received a written or oral opinion at a duly noticed
  193  public meeting from his or her agency’s attorney relating to the
  194  allegation before the commission; and
  195         (d) Reasonably relied upon the opinion of the agency’s
  196  attorney and acted in accordance with the opinion.
  197         Section 6. Section 112.326, Florida Statutes, is amended to
  198  read:
  199         112.326 Additional requirements by political subdivisions
  200  and agencies not prohibited.—Nothing in this part prohibits act
  201  shall prohibit the electors or the governing body of a any
  202  political subdivision, by charter or ordinance, or agency, by
  203  rule, from imposing upon its own officers and employees
  204  additional or more stringent standards of conduct and disclosure
  205  requirements than those specified in this part, if provided that
  206  those standards of conduct and disclosure requirements do not
  207  otherwise conflict with the provisions of this part. A political
  208  subdivision is prohibited from imposing additional or more
  209  stringent standards of conduct and disclosure requirements upon
  210  the officers and employees of another political subdivision.
  211         Section 7. Section 286.012, Florida Statutes, is amended to
  212  read:
  213         286.012 Voting requirement at meetings of governmental
  214  bodies.—No member of any state, county, or municipal
  215  governmental board, commission, or agency who is present at any
  216  meeting of any such body at which an official decision, ruling,
  217  or other official act is to be taken or adopted may abstain from
  218  voting in regard to any such decision, ruling, or act; and a
  219  vote shall be recorded or counted for each such member present,
  220  unless except when, with respect to any such member, there is,
  221  or appears to be, a possible conflict of interest under the
  222  provisions of s. 112.311, s. 112.313, or s. 112.3143, or
  223  additional or more stringent standards of conduct, if any,
  224  adopted pursuant to s. 112.326. In such cases, such said member
  225  shall comply with the disclosure requirements of s. 112.3143 or
  226  any disclosure requirements adopted under s. 112.326.
  227         Section 8. If any provision of this act or its application
  228  to any person or circumstance is held invalid, the invalidity
  229  does not affect other provisions or applications of the act
  230  which can be given effect without the invalid provision or
  231  application, and to this end the provisions of this act are
  232  severable.
  233         Section 9. Except as otherwise expressly provided in this
  234  act, this act shall take effect July 1, 2014.