Florida Senate - 2016 SB 1092
By Senator Joyner
19-01512B-16 20161092__
1 A bill to be entitled
2 An act relating to boards and commissions; amending
3 ss. 106.24, 112.313, and 112.321, F.S.; prohibiting
4 members of the Florida Elections Commission, citizen
5 members of the Board of Governors of the State
6 University System and boards of trustees of local
7 constituent universities, and members of the
8 Commission on Ethics, respectively, from having or
9 holding any employment or a contractual relationship
10 as a consultant; providing exceptions; requiring
11 members to make specified disclosures to the
12 appropriate board or commission if certain conditions
13 exist; requiring applicable boards and commissions to
14 post such disclosures on their respective websites for
15 a specified timeframe; amending s. 112.312, F.S.;
16 defining the term “consultant”; amending s. 1001.421,
17 F.S.; conforming cross-references; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (b) of subsection (1) of section
23 106.24, Florida Statutes, is amended to read:
24 106.24 Florida Elections Commission; membership; powers;
25 duties.—
26 (1)
27 (b)1. The commission is shall be composed of nine members.
28 The President of the Senate, the Speaker of the House of
29 Representatives, the minority leader of the Senate, and the
30 minority leader of the House of Representatives shall each
31 provide a list of six nominees to the Governor for initial
32 appointment to the commission. The Governor may appoint two
33 members to the commission from each list. If the Governor
34 refuses to appoint two members from any of the respective lists,
35 the Governor shall so inform the nominating officer and the
36 nominating officer shall submit a new list of six nominees
37 within 30 days. The new list must contain at least three
38 nominees not included on the prior nominating list. The ninth
39 commission member, who shall serve as chair of the commission,
40 shall be appointed by the Governor. Each member of the
41 commission is subject to confirmation by the Senate. The chair
42 of the commission shall serve for a maximum term of 4 years,
43 with such term running such term to run concurrently with the
44 term of the appointing Governor and until a future successor is
45 appointed. Other members of the commission shall serve for 4
46 year terms and until their successors are appointed.
47 2. A member may not:
48 a. Be An individual who is a lobbyist at the state or local
49 government level may not serve as a member of the commission,
50 except that this prohibition shall not apply to an individual
51 who is a member of the commission on July 1, 2002, until the
52 expiration of his or her current term.
53 b. Lobby A member of the commission is prohibited from
54 lobbying state or local government while he or she is a member
55 of the commission, except that this prohibition shall not apply
56 to an individual who is a member of the commission on July 1,
57 2002, until the expiration of his or her current term.
58 c. Have or hold any employment or a contractual
59 relationship as a consultant, except that this prohibition does
60 not apply to an individual who is a member of the commission on
61 July 1, 2016, unless he or she is reappointed to that office on
62 or after July 1, 2016. For purposes of this sub-subparagraph and
63 subparagraph 3., the term “consultant” has the same meaning as
64 in s. 112.312.
65 3. If applicable, a member shall disclose to the
66 commission, which shall post such disclosure on its website for
67 at least the duration of the disclosing member’s service on the
68 commission:
69 a. That he or she has or holds any employment or a
70 contractual relationship as a consultant in another state, or is
71 a lobbyist regulated by the laws of another state.
72 b. That he or she has or holds any employment or a
73 contractual relationship as a consultant in this state, as is
74 authorized for an individual who is a member of the commission
75 on July 1, 2016, unless he or she is reappointed to that office
76 on or after July 1, 2016.
77 c. The identity of any relative, as that term is defined in
78 s. 112.3143, who is registered as a lobbyist pursuant to s.
79 11.045, s. 112.3215, or any local government charter or
80 ordinance or who has or holds any employment or a contractual
81 relationship as a consultant.
82 Section 2. Present subsections (9) through (24) of section
83 112.312, Florida Statutes, are renumbered as subsections (10)
84 through (25), respectively, and a new subsection (9) is added to
85 that section, to read:
86 112.312 Definitions.—As used in this part and for purposes
87 of the provisions of s. 8, Art. II of the State Constitution,
88 unless the context otherwise requires:
89 (9) “Consultant” means a public officer or public employee
90 who has or holds any employment or a contractual relationship
91 with a business entity for purposes of providing support,
92 preparing recommendations, preparing any part of a purchase
93 request, establishing specifications and procurement standards,
94 rendering advice, investigating, or performing an audit in
95 furtherance of the business entity’s efforts to be awarded or to
96 perform a contract to sell goods, realty, or services to the
97 executive branch, judicial branch, or legislative branch of
98 state government or any other political subdivision.
99 Section 3. Subsection (17) of section 112.313, Florida
100 Statutes, is amended to read:
101 112.313 Standards of conduct for public officers, employees
102 of agencies, and local government attorneys.—
103 (17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.—
104 (a) A No citizen member of the Board of Governors of the
105 State University System, or a nor any citizen member of a board
106 of trustees of a local constituent university, may not shall
107 have or hold any employment or contractual relationship as:
108 1. A legislative lobbyist subject to requiring annual
109 registration and reporting requirements under pursuant to s.
110 11.045; or
111 2. A consultant to a business entity doing, or seeking to
112 do, business with the Legislature, except that this prohibition
113 does not apply to an individual who is a member of any such
114 board on July 1, 2016, unless he or she is reappointed to that
115 office on or after July 1, 2016.
116 (b) A citizen member of the Board of Governors of the State
117 University System, or a citizen member of a board of trustees of
118 a local constituent university, shall disclose to his or her
119 respective board:
120 1. That he or she has or holds any employment or
121 contractual relationship as:
122 a. An executive branch lobbyist subject to annual
123 registration and reporting requirements under s. 112.3215;
124 b. A consultant for a business entity that does, or is
125 seeking to do, business with an agency of the executive branch
126 or a unit of local government or other political subdivision;
127 c. A registered lobbyist as provided by any local
128 government charter or ordinance;
129 d. A lobbyist regulated under the laws of another state;
130 e. A consultant in another state; or
131 f. A consultant for a business entity that does, or is
132 seeking to do, business with the Legislature, as is authorized
133 for an individual who is a citizen member of the Board of
134 Governors or a board of trustees on July 1, 2016, unless he or
135 she is reappointed to that office on or after July 1, 2016.
136 2. The identity of any relative, as that term is defined in
137 s. 112.3143, who is registered as a lobbyist pursuant to s.
138 11.045, s. 112.3215, or any local government charter or
139 ordinance, or who has or holds any employment or contractual
140 relationship as a consultant.
141
142 The applicable board shall post a disclosure required by this
143 paragraph on its website for at least the duration of the
144 disclosing member’s service on the board.
145 Section 4. Subsection (1) of section 112.321, Florida
146 Statutes, is amended to read:
147 112.321 Membership, terms; travel expenses; staff.—
148 (1) The commission is shall be composed of nine members,
149 each of whom shall serve a 2-year term.
150 (a) Five of these members shall be appointed by the
151 Governor, no more than three of whom shall be from the same
152 political party, subject to confirmation by the Senate. One
153 member appointed by the Governor must shall be a former city or
154 county official and may be a former member of a local planning
155 or zoning board that which has only advisory duties.
156 (b) The President of the Senate and the Speaker of the
157 House of Representatives shall each appoint two members, who may
158 not be shall be appointed by the Speaker of the House of
159 Representatives, and two members shall be appointed by the
160 President of the Senate. Neither the Speaker of the House of
161 Representatives nor the President of the Senate shall appoint
162 more than one member from the same political party.
163 (c) Of the nine members of the commission, no more than
164 five members may shall be from the same political party at any
165 one time. In addition, a No member may not:
166 1. Hold any public employment.
167 2. Serve on the commission if he or she An individual who
168 qualifies as a lobbyist pursuant to s. 11.045, or s. 112.3215,
169 or pursuant to any local government charter or ordinance may not
170 serve as a member of the commission, except that this
171 prohibition does not apply to an individual who is a member of
172 the commission on July 1, 2006, until the expiration of his or
173 her current term.
174 3. A member of the commission may not Lobby any state or
175 local governmental entity as provided in s. 11.045 or s.
176 112.3215 or as provided by any local government charter or
177 ordinance, except that this prohibition does not apply to an
178 individual who is a member of the commission on July 1, 2006,
179 until the expiration of his or her current term. All members
180 shall serve 2-year terms.
181 4. Have or hold any employment or a contractual
182 relationship as a consultant, except that this prohibition does
183 not apply to an individual who is a member of the commission on
184 July 1, 2016, unless he or she is reappointed to that office on
185 or after July 1, 2016.
186 5. A member may not Serve more than two full terms in
187 succession.
188 (d) Any member of the commission may be removed for cause
189 by majority vote of the Governor, the President of the Senate,
190 the Speaker of the House of Representatives, and the Chief
191 Justice of the Supreme Court.
192 (e) If applicable, a member shall disclose to the
193 commission:
194 1. That he or she has or holds any employment or a
195 contractual relationship as a consultant in another state, or is
196 a lobbyist regulated by the laws of another state.
197 2. That he or she has or holds any employment or a
198 contractual relationship as a consultant in this state, as is
199 authorized for an individual who is a member of the commission
200 on July 1, 2016, unless he or she is reappointed to that office
201 on or after July 1, 2016.
202 3. The identity of any relative, as that term is defined in
203 s. 112.3143, who is registered as a lobbyist pursuant to s.
204 11.045, s. 112.3215, or any local government charter or
205 ordinance or has or holds any employment or a contractual
206 relationship as a consultant.
207
208 The commission shall post a disclosure required by this
209 paragraph on its website for at least the duration of the
210 disclosing member’s service on the commission.
211 Section 5. Section 1001.421, Florida Statutes, is amended
212 to read:
213 1001.421 Gifts.—Notwithstanding any other provision of law
214 to the contrary, district school board members and their
215 relatives, as defined in s. 112.312(22) s. 112.312(21), may not
216 directly or indirectly solicit any gift, or directly or
217 indirectly accept any gift in excess of $50, from any person,
218 vendor, potential vendor, or other entity doing business with
219 the school district. The term “gift” has the same meaning as in
220 s. 112.312(13) s. 112.312(12).
221 Section 6. This act shall take effect July 1, 2016.