Senate Bill 0304c2

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    Florida Senate - 1999                     CS for CS for SB 304

    By the Committees on Fiscal Policy; Ethics and Elections; and
    Senators Saunders, Carlton, Sebesta, Rossin, Meek,
    Kirkpatrick, Hargrett and Latvala



    309-1756-99

  1                      A bill to be entitled

  2         An act relating to ethics; amending s. 112.312,

  3         F.S.; redefining the terms "gift" and

  4         "liability"; amending s. 112.3144, F.S.;

  5         revising the reporting requirements for full

  6         and public disclosure of financial interests;

  7         transferring filing administration from the

  8         Secretary of State to the Commission on Ethics;

  9         modifying the filing location for officers from

10         the Secretary of State to the commission;

11         establishing an automatic fine system for

12         delinquent filers and nonfilers; requiring

13         former officers and employees to file a final

14         disclosure of financial interests no later than

15         60 days following departure, with certain

16         exceptions; requiring the Commission on Ethics

17         to adopt rules and forms relating to filing

18         amended full and public disclosure of financial

19         interests; amending s. 112.3145, F.S.;

20         redefining the terms "local officer" and

21         "specified state employee"; revising the

22         reporting requirements for limited statutory

23         disclosure of financial interests; transferring

24         filing administration from the Secretary of

25         State to the Commission on Ethics; modifying

26         the filing location for state officers and

27         specified state employees from the Secretary of

28         State to the commission; modifying

29         certification requirements of supervisors of

30         elections with regard to delinquent filers and

31         nonfilers; establishing an automatic fine

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  1         system for delinquent filers and nonfilers;

  2         requiring former officers and employees to file

  3         a final statement of financial interests within

  4         60 days after leaving office or employment,

  5         with certain exceptions; modifying reporting

  6         dates for filing quarterly reports of the names

  7         of clients represented before certain agencies

  8         for a fee; requiring the Commission on Ethics

  9         to adopt rules and forms relating to amended

10         financial disclosure filings; amending s.

11         112.3148, F.S.; redefining the terms "reporting

12         individual" and "procurement employee";

13         authorizing the Technological Research and

14         Development Authority to make certain gifts

15         under certain circumstances; modifying the

16         method of valuing gifts; establishing a

17         reimbursement deadline with regard to the

18         valuation of gifts received by reporting

19         individuals; clarifying that the gifts law

20         applies to candidates; extending the gifts law

21         to include nonincumbents elected to office for

22         the period immediately following election but

23         before officially taking office; transferring

24         the filing administration for gift disclosure

25         from the Secretary of State to the Commission

26         on Ethics; amending s. 112.3149, F.S.;

27         redefining the term "procurement employee";

28         transferring filing administration for

29         honoraria disclosure from the Department of

30         State to the Commission on Ethics; amending s.

31         112.317, F.S.; authorizing the Commission on

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  1         Ethics to recommend how restitution may be

  2         paid; amending s. 112.324, F.S.; clarifying

  3         that the proper sanction authority in the case

  4         of a current state legislator who commits an

  5         act in violation of the Ethics Code prior to

  6         joining the Legislature is vested in the house

  7         in which the legislator serves; amending s.

  8         914.21, F.S.; redefining the terms "official

  9         proceeding" and "official investigation";

10         extending the witness-tampering laws to include

11         Commission on Ethics investigations and

12         proceedings; repealing s. 112.3151, F.S., which

13         authorizes the Commission on Ethics to grant

14         extensions of time for filing financial

15         disclosure statements; amending s. 112.317,

16         F.S.; entitling the Attorney General to

17         reimbursement of fees and costs associated with

18         collecting civil and restitution penalties

19         imposed for ethics violations; removing a

20         criminal penalty related to the disclosure of

21         confidential information brought before the

22         commission; amending s. 112.3215, F.S.;

23         redefining the term "lobbyist"; modifying

24         reporting period and dates for filing executive

25         branch lobbying reports; amending fines for

26         late-filed reports; amending time periods

27         related to payment or dispute of fines;

28         providing a procedure for collection of

29         delinquent fines; clarifying that a person

30         registered as a lobbyist must file expenditure

31         reports until registration is withdrawn or

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  1         ends; repealing s. 112.322(9), F.S., which

  2         requires the Commission on Ethics to report

  3         certain delinquent financial disclosure filers

  4         to the Department of Community Affairs;

  5         amending s. 213.053, F.S.; authorizing the

  6         Commission on Ethics to access Department of

  7         Revenue information received in connection with

  8         the administration of taxes; amending s.

  9         440.442, F.S.; transferring the filing location

10         for public financial reporting by judges of

11         compensation claims from the Secretary of State

12         to the Commission on Ethics; clarifying that

13         the Code of Judicial Conduct governs the

14         reporting of gifts for judges of compensation

15         claims; repealing ss. 839.08, 839.09, 839.091,

16         and 839.10, F.S., which provide criminal

17         penalties for offenses by public officers and

18         employees relating to the purchase of supplies

19         or materials and the bidding for public work;

20         amending s. 112.313, F.S.; clarifying that

21         conflict of interest provisions apply to

22         certain indirect business relationships;

23         extending the prohibition against the use of

24         inside public information to former officers

25         and employees; modifying exemptions to the

26         conflict-of-interest provision of the Ethics

27         Code and the prohibition against doing business

28         with one's own agency; clarifying the

29         conflict-of-interest exemption for elected

30         officers who maintain an employment

31         relationship with a tax-exempt organization;

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  1         redefining the term "local government

  2         attorney"; creating s. 112.3232, F.S.;

  3         authorizing the Commission on Ethics to seek

  4         immunity for certain witnesses; amending s.

  5         112.324, F.S.; authorizing the Commission on

  6         Ethics to investigate alleged ethics violations

  7         on its own authority under certain

  8         circumstances; appropriating funds to the

  9         Commission on Ethics; providing an effective

10         date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsections (12) and (14) of section

15  112.312, Florida Statutes, are amended to read:

16         112.312  Definitions.--As used in this part and for

17  purposes of the provisions of s. 8, Art. II of the State

18  Constitution, unless the context otherwise requires:

19         (12)(a)  "Gift," for purposes of ethics in government

20  and financial disclosure required by law, means that which is

21  accepted by a donee or by another on the donee's behalf, or

22  that which is paid or given to another for or on behalf of a

23  donee, directly, indirectly, or in trust for the donee's

24  benefit or by any other means, for which equal or greater

25  consideration is not given within 90 days, including:

26         1.  Real property.

27         2.  The use of real property.

28         3.  Tangible or intangible personal property.

29         4.  The use of tangible or intangible personal

30  property.

31

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  1         5.  A preferential rate or terms on a debt, loan,

  2  goods, or services, which rate is below the customary rate and

  3  is not either a government rate available to all other

  4  similarly situated government employees or officials or a rate

  5  which is available to similarly situated members of the public

  6  by virtue of occupation, affiliation, age, religion, sex, or

  7  national origin.

  8         6.  Forgiveness of an indebtedness.

  9         7.  Transportation, other than that provided to a

10  public officer or employee by an agency in relation to

11  officially approved governmental business, lodging, or

12  parking.

13         8.  Food or beverage.

14         9.  Membership dues.

15         10.  Entrance fees, admission fees, or tickets to

16  events, performances, or facilities.

17         11.  Plants, flowers, or floral arrangements.

18         12.  Services provided by persons pursuant to a

19  professional license or certificate.

20         13.  Other personal services for which a fee is

21  normally charged by the person providing the services.

22         14.  Any other similar service or thing having an

23  attributable value not already provided for in this section.

24         (b)  "Gift" does not include:

25         1.  Salary, benefits, services, fees, commissions,

26  gifts, or expenses associated primarily with the donee's

27  employment, business, or service as an officer or director of

28  a corporation or organization.

29         2.  Contributions or expenditures reported pursuant to

30  chapter 106, campaign-related personal services provided

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  1  without compensation by individuals volunteering their time,

  2  or any other contribution or expenditure by a political party.

  3         3.  An honorarium or an expense related to an

  4  honorarium event paid to a person or the person's spouse.

  5         4.  An award, plaque, certificate, or similar

  6  personalized item given in recognition of the donee's public,

  7  civic, charitable, or professional service.

  8         5.  An honorary membership in a service or fraternal

  9  organization presented merely as a courtesy by such

10  organization.

11         6.  The use of a public facility or public property,

12  made available by a governmental agency, for a public purpose.

13         7.  Transportation provided to a public officer or

14  employee by an agency in relation to officially approved

15  governmental business.

16         8.  Gifts provided directly or indirectly by a state,

17  regional, or national organization which promotes the exchange

18  of ideas between, or the professional development of,

19  governmental officials or employees, and whose membership is

20  primarily composed of elected or appointed public officials or

21  staff, to members of that organization or officials or staff

22  of a governmental agency that is a member of that

23  organization.

24         (c)  For the purposes of paragraph (a), "intangible

25  personal property" means property as defined in s.

26  192.001(11)(b).

27         (d)  For the purposes of paragraph (a), the term

28  "consideration" does not include a promise to pay or otherwise

29  provide something of value unless the promise is in writing

30  and enforceable through the courts.

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  1         (14)  "Liability" means any monetary debt or obligation

  2  owed by the reporting person to another person, except for

  3  credit card and retail installment accounts, taxes owed,

  4  indebtedness on a life insurance policy owed to the company of

  5  issuance, contingent liabilities other than those liabilities

  6  for which one is a guarantor, or accrued income taxes on net

  7  unrealized appreciation.  Each liability which is required to

  8  be disclosed by s. 8, Art. II of the State Constitution shall

  9  identify the name and address of the creditor.

10         Section 2.  Section 112.3144, Florida Statutes, is

11  amended to read:

12         112.3144  Full and public disclosure of financial

13  interests.--

14         (1)  An officer who is required, pursuant to s. 8, Art.

15  II of the State Constitution, to file a full and public

16  disclosure of financial interests for any calendar or fiscal

17  year shall file the disclosure with the Florida Commission on

18  Ethics.

19         (2)(1)  A No person who is required, pursuant to s. 8,

20  Art. II of the State Constitution, to file a full and public

21  disclosure of financial interests and who has filed a full and

22  public disclosure of financial interests for any calendar or

23  fiscal year shall not be required to file a statement of

24  financial interests pursuant to s. 112.3145(2) and (3) for the

25  same year or for any part thereof notwithstanding any

26  requirement of this part, except that a candidate for office

27  shall file a copy of his or her disclosure with the officer

28  before whom he or she qualifies.

29         (3)(2)  For purposes of full and public disclosure

30  under s. 8(a), Art. II of the State Constitution, the

31  following items, if not held for investment purposes and if

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  1  valued at over $1,000 in the aggregate, may be reported in a

  2  lump sum and identified as "household goods and personal

  3  effects":

  4         (a)  Jewelry;

  5         (b)  Collections of stamps, guns, and numismatic

  6  properties;

  7         (c)  Art objects;

  8         (d)  Household equipment and furnishings;

  9         (e)  Clothing;

10         (f)  Other household items; and

11         (g)  Vehicles for personal use.

12         (4)  In addition to the requirements of s. 8, Art. II

13  of the State Constitution, any person required to file a full

14  and public disclosure of financial interests shall identify

15  the name of each business associate, as defined in s. 112.312,

16  and the name and address of the business enterprise associated

17  therewith, along with as clear a description as practicable of

18  the principal type of business conducted by the business

19  enterprise.

20         (5)(a)  Full and public disclosure filed pursuant to s.

21  8, Art. II of the State Constitution requires the reporting of

22  net worth in one of the following dollar categories:

23         1.  Less than one dollar.

24         2.  $1 to $100,000.

25         3.  $100,001 to $250,000.

26         4.  $250,001 to $500,000.

27         5.  $500,001 to $1,000,000.

28         6.  $1,000,001 to $2,000,000.

29         7.  Greater than $2,000,000.

30         (b)  Full and public disclosure filed pursuant to s. 8,

31  Art. II of the State Constitution requires the reporting of

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  1  each asset and liability in excess of $1,000 in one of the

  2  following categories:

  3         1.  $1,001 to $5,000.

  4         2.  $5,001 to $10,000.

  5         3.  $10,001 to $25,000.

  6         4.  $25,001 to $50,000.

  7         5.  $50,001 to $100,000.

  8         6.  For each asset and liability in excess of $100,000,

  9  in incremental categories of $100,000.

10         (6)(3)  Forms for compliance with the full and public

11  disclosure requirements of s. 8, Art. II of the State

12  Constitution, and a current list of persons required to file

13  full and public disclosure by s. 8, Art. II of the State

14  Constitution, or other state law, shall be created provided by

15  the Commission on Ethics. The commission to the Secretary of

16  State, who shall give notice of disclosure deadlines and

17  delinquencies and distribute forms in the following manner:

18         (a)  Not later than May 1 of each year, the commission

19  on Ethics shall prepare a current list of the names and

20  addresses of and the offices held by every person required to

21  file full and public disclosure annually by s. 8, Art. II of

22  the State Constitution, or other state law, and shall provide

23  the Secretary of State with the mailing list. In compiling the

24  list, the commission shall be assisted by each unit of

25  government in providing at the request of the commission the

26  name, address, and name of the office held by each public

27  official within the respective unit of government.

28         (b)  Not later than 30 days before July 1 of each year,

29  the commission Secretary of State shall mail a copy of the

30  form prescribed for compliance with full and public disclosure

31

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  1  and a notice of the filing deadline to each person on the

  2  mailing list.

  3         (c)  Not later than 30 days after July 1 of each year,

  4  the commission Secretary of State shall determine which

  5  persons on the mailing list have failed to file full and

  6  public disclosure and shall send delinquency notices by

  7  certified mail to such persons. Each notice shall state that a

  8  grace period is in effect until September 1 of the current

  9  year and that, if the statement is not filed by September 1 of

10  the current year, a $25 fine for each day late will be

11  imposed, up to a maximum penalty of $1,500; and that, if upon

12  the filing of a sworn complaint the commission finds that the

13  person has failed to timely file the statement within 60 days

14  of September 1 of the current year, such person shall also be

15  subject to the penalties provided in s. 112.317 the Secretary

16  of State is required by law to notify the Commission on Ethics

17  of the delinquency.

18         (d)  Statements shall be filed not later than 5 p.m. of

19  the due date. However, any statement that is postmarked by the

20  United States Postal Service no later than midnight of the due

21  date shall be deemed to have been filed in a timely manner,

22  and a certificate of mailing obtained from and dated by the

23  United States Postal Service at the time of the mailing, or a

24  receipt from an established courier company which bears a date

25  on or before the due date, shall be proof of mailing in a

26  timely manner.

27         (d)  Not later than 30 days following September 1 of

28  each year, the Secretary of State shall certify to the

29  Commission on Ethics a list of the names and addresses of and

30  the offices held by all persons on the mailing list who have

31  failed to timely file full and public disclosure.  The

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  1  certification shall be on a form prescribed by the commission

  2  and shall indicate whether the Secretary of State has provided

  3  the disclosure forms and notice as required by this section to

  4  all persons named on the delinquency list.

  5         (e)  Any person who is required to file full and public

  6  disclosure of financial interests and whose name is on the

  7  Commission's mailing list but who fails to timely file is

  8  assessed a fine of $25 per day for each day late up to a

  9  maximum of $1,500; however the $1,500 cap on automatic fines

10  shall not limit the civil penalty that may be imposed if the

11  statement is filed more than 60 days after the deadline and a

12  complaint is filed, as provided in s. 112.324. The commission

13  shall provide by rule a procedure by which each person whose

14  name is on the mailing list and who is determined to have not

15  filed in a timely manner shall be notified of assessed fines.

16  The rule shall provide for the following:

17         1.  The amount of the fine due is based upon the

18  earliest of the following:

19         a.  When a statement is actually received by the

20  office.

21         b.  When the statement is postmarked.

22         c.  When the certificate of mailing is dated.

23         d.  When the receipt from an established courier

24  company is dated.

25         2.  Upon receipt of the disclosure statement or upon

26  accrual of the maximum penalty, whichever occurs first, the

27  commission shall determine the amount of the fine which is due

28  and shall notify the delinquent person. The notice shall

29  include an explanation of the appeal procedure in subparagraph

30  3. Such fine shall be paid within 30 days after the notice of

31  payment due is transmitted, unless appeal is made to the

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  1  commission pursuant to subparagraph 3. The moneys shall be

  2  deposited into the General Revenue Fund.

  3         3.  Any reporting person may appeal or dispute a fine,

  4  based upon unusual circumstances surrounding the failure to

  5  file on the designated due date, and may request and shall be

  6  entitled to a hearing before the commission, which shall have

  7  the authority to waive the fine in whole or in part for good

  8  cause shown. Any such request shall be made within 30 days

  9  after the notice of payment due is transmitted. In such case,

10  the reporting person shall, within the 30-day period, notify

11  the person designated to review the timeliness of reports in

12  writing of his or her intention to bring the matter before the

13  commission.

14         (f)(e)  Any person subject to the annual filing of full

15  and public disclosure under s. 8, Art. II of the State

16  Constitution, or other state law, whose name is not on the

17  commission's mailing list of persons required to file full and

18  public disclosure provided to the Secretary of State shall not

19  be subject to the fines or penalties provided in this part

20  deemed delinquent for failure to file full and public

21  disclosure in any year in which the omission occurred, but

22  nevertheless shall be required to file the disclosure

23  statement.

24         (g)(f)  The notification requirements and fines of this

25  subsection do not apply to candidates or to the first filing

26  required of any person appointed to elective constitutional

27  office or other position required to file full and public

28  disclosure, unless the person's name is on the commission's

29  notification list and the person received notification from

30  the commission.  The appointing official shall notify such

31  newly appointed person of the obligation to file full and

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  1  public disclosure by July 1. The notification requirements and

  2  fines of this subsection do not apply to the final filing

  3  provided for in subsection (7).

  4         (h)  Notwithstanding any provision of chapter 120, any

  5  fine imposed under this subsection that is not waived by final

  6  order of the commission and that remains unpaid more than 60

  7  days after the notice of payment due or more than 60 days

  8  after the commission renders a final order on the appeal shall

  9  be submitted to the Department of Banking and Finance as a

10  claim, debt, or other obligation owed to the State, and the

11  Department shall assign the collection of such fine to a

12  collection agent as provided in s. 17.20.

13         (7)  Each person required to file full and public

14  disclosure of financial interests shall file a final

15  disclosure statement within 60 days of leaving his or her

16  public position for the period between January 1 of the year

17  in which the person leaves office and the last day of office

18  or employment, unless within the 60-day period the person

19  takes another public position requiring financial disclosure

20  under Art. II, Sec. 8, or otherwise is required to file full

21  and public disclosure for the final disclosure period.

22         (8)  The commission shall adopt rules and forms

23  specifying how a person required to file full and public

24  disclosure of financial interests may amend his or her

25  disclosure statement to report information that was not

26  included on the originally filed form. If the amendment is the

27  subject of a complaint filed under this part, the commission

28  and the proper disciplinary official or body shall take into

29  account as a mitigating factor when considering appropriate

30  disciplinary action the fact that the amendment was filed

31  before any complaint or other inquiry or proceeding, while

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  1  recognizing that the public was deprived of access to

  2  information to which it was entitled.

  3         Section 3.  Section 112.3145, Florida Statutes, is

  4  amended to read:

  5         112.3145  Disclosure of financial interests and clients

  6  represented before agencies.--

  7         (1)  For purposes of this section, unless the context

  8  otherwise requires, the term:

  9         (a)  "Local officer" means:

10         1.  Every person who is elected to office in any

11  political subdivision of the state, and every person who is

12  appointed to fill a vacancy for an unexpired term in such an

13  elective office.

14         2.  Any appointed member of any of the following

15  boards, councils, commissions, authorities, or other bodies of

16  any county, municipality, school district, independent special

17  district, or other political subdivision of the state:

18         a.  The governing body of the political subdivision, if

19  appointed;

20         b.  An expressway authority or transportation authority

21  established by general law;

22         c.  A community college or junior college district

23  board of trustees;

24         d.  A board having the power to enforce local code

25  provisions;

26         e.  A planning or zoning board, board of adjustment,

27  board of appeals, or other board having the power to

28  recommend, create, or modify land planning or zoning within

29  the political subdivision, except for citizen advisory

30  committees, technical coordinating committees, and such other

31

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  1  groups who only have the power to make recommendations to

  2  planning or zoning boards;

  3         f.  A pension board or retirement board having the

  4  power to invest pension or retirement funds or the power to

  5  make a binding determination of one's entitlement to or amount

  6  of a pension or other retirement benefit; or

  7         g.  Any other appointed member of a local government

  8  board who is required to file a statement of financial

  9  interests by the appointing authority or the enabling

10  legislation, ordinance, or resolution creating the board. a

11  board; commission; authority, including any expressway

12  authority or transportation authority established by general

13  law; community college district board of trustees; or council

14  of any political subdivision of the state, excluding any

15  member of an advisory body. A governmental body with

16  land-planning, zoning, or natural resources responsibilities

17  shall not be considered an advisory body.

18         3.  Any person holding one or more of the following

19  positions: mayor; county or city manager; chief administrative

20  employee of a county, municipality, or other political

21  subdivision; county or municipal attorney; chief county or

22  municipal building inspector; county or municipal water

23  resources coordinator; county or municipal pollution control

24  director; county or municipal environmental control director;

25  county or municipal administrator, with power to grant or deny

26  a land development permit; chief of police; fire chief;

27  municipal clerk; district school superintendent; community

28  college president; district medical examiner; or purchasing

29  agent having the authority to make any purchase exceeding

30  $5,000 $1,000 for any political subdivision of the state or

31  any entity thereof.

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  1         (b)  "Specified state employee" means:

  2         1.  Public counsel created by chapter 350, an assistant

  3  state attorney, an assistant public defender, a full-time

  4  state employee who serves as counsel or assistant counsel to

  5  any state agency, a judge of compensation claims, an

  6  administrative law judge, or a hearing officer.

  7         2.  Any person employed in the office of the Governor

  8  or in the office of any member of the Cabinet if that person

  9  is exempt from the Career Service System, except persons

10  employed in clerical, secretarial, or similar positions.

11         3.  Each appointed secretary, assistant secretary,

12  deputy secretary, executive director, assistant executive

13  director, or deputy executive director of each state

14  department, commission, board, or council; unless otherwise

15  provided, the division director, assistant division director,

16  deputy director, bureau chief, and assistant bureau chief of

17  any state department or division; or any person having the

18  power normally conferred upon such persons, by whatever title.

19         4.  The superintendent or institute director of a state

20  mental health institute established for training and research

21  in the mental health field or the superintendent or director

22  of any major state institution or facility established for

23  corrections, training, treatment, or rehabilitation.

24         5.  Business managers, purchasing agents having the

25  power to make any purchase exceeding $5,000 $1,000, finance

26  and accounting directors, personnel officers, or grants

27  coordinators for any state agency.

28         6.  Any person, other than a legislative assistant

29  exempted by the presiding officer of the house by which the

30  legislative assistant is employed, who is employed in the

31

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  1  legislative branch of government, except persons employed in

  2  maintenance, clerical, secretarial, or similar positions.

  3         7.  Each employee of the Commission on Ethics.

  4         (c)  "State officer" means:

  5         1.  Any elected public officer, excluding those elected

  6  to the United States Senate and House of Representatives, not

  7  covered elsewhere in this part and any person who is appointed

  8  to fill a vacancy for an unexpired term in such an elective

  9  office.

10         2.  An appointed member of each board, commission,

11  authority, or council having statewide jurisdiction, excluding

12  a member of an advisory body.

13         3.  A member of the Board of Regents, the Chancellor

14  and Vice Chancellors of the State University System, and the

15  president of a state university.

16         (2)(a)  A person seeking nomination or election to a

17  state or local elective office shall file a statement of

18  financial interests together with, and at the same time he or

19  she files, qualifying papers.

20         (b)  Each state or local officer and each specified

21  state employee shall file a statement of financial interests

22  no later than July 1 of each year. Each former state or local

23  officer or specified state employee shall file a final

24  financial disclosure statement within 60 days after leaving

25  his or her public position for the period between January 1 of

26  the year in which the person leaves and the last day of office

27  or employment, unless within the 60-day period the person

28  takes another public position requiring disclosure under this

29  section or s. 8, Art. II of the State Constitution, or

30  otherwise is required to file full and public disclosure for

31  the final reporting period. Each state or local officer who is

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  1  appointed and each specified state employee who is employed

  2  shall file a statement of financial interests within 30 days

  3  from the date of appointment or, in the case of a specified

  4  state employee, from the date on which the employment begins,

  5  except that any person whose appointment is subject to

  6  confirmation by the Senate shall file prior to confirmation

  7  hearings or within 30 days from the date of appointment,

  8  whichever comes first.

  9         (c)  State officers, persons qualifying for a state

10  office, and specified state employees shall file their

11  statements of financial interests with the Commission on

12  Ethics Secretary of State. Local officers shall file their

13  statements of financial interests with the supervisor of

14  elections of the county in which they permanently reside.

15  Local officers who do not permanently reside in any county in

16  the state shall file their statements of financial interests

17  with the supervisor of elections of the county in which their

18  agency maintains its headquarters. Persons seeking to qualify

19  as candidates for local public office shall file their

20  statements of financial interests with the officer before whom

21  they qualify.

22         (3)  The statement of financial interests for state

23  officers, specified state employees, local officers, and

24  persons seeking to qualify as candidates for state or local

25  office shall be filed even if the reporting person holds no

26  financial interests requiring disclosure, in which case the

27  statement shall be marked "not applicable."  Otherwise, the

28  statement of financial interests shall include:

29         (a)  All sources of income in excess of $2,500 5

30  percent of the gross income received during the disclosure

31  period by the person in his or her own name or by any other

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  1  person for his or her use or benefit, excluding public salary.

  2  However, this shall not be construed to require disclosure of

  3  a business partner's sources of income.  The person reporting

  4  shall list such sources in descending order of value with the

  5  largest source first.

  6         (b)  All sources of income to a business entity in

  7  excess of 10 percent of the gross income of a business entity

  8  in which the reporting person held a material interest and

  9  from which he or she received gross income in excess of $5,000

10  during the disclosure period an amount which was in excess of

11  10 percent of his or her gross income during the disclosure

12  period and which exceeds $1,500.  The period for computing the

13  gross income of the business entity is the fiscal year of the

14  business entity which ended on, or immediately prior to, the

15  end of the disclosure period of the person reporting.

16         (c)  The location or description of real property in

17  this state, except for residences and vacation homes, owned

18  directly or indirectly by the person reporting, when such

19  person owns in excess of 5 percent of the value of such real

20  property, and a general description of any intangible personal

21  property worth in excess of $10,000 10 percent of such

22  person's total assets.  For the purposes of this paragraph,

23  indirect ownership does not include ownership by a spouse or

24  minor child.

25         (d)  Every liability in excess of $10,000 which in sum

26  equals more than the reporting person's net worth.

27         (e)  The name of each business associate, as defined in

28  s. 112.312, and the name and address of the business

29  enterprise associated therewith, along with as clear a

30  description as practicable of the principal type of business

31  conducted by the business enterprise.

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  1         (4)  Each elected constitutional officer, state

  2  officer, local officer, and specified state employee shall

  3  file a quarterly report of the names of clients represented

  4  for a fee or commission, except for appearances in ministerial

  5  matters, before agencies at his or her level of government.

  6  For the purposes of this part, agencies of government shall be

  7  classified as state-level agencies or agencies below state

  8  level.  Each local officer shall file such report with the

  9  supervisor of elections of the county in which the officer is

10  principally employed or is a resident.  Each state officer,

11  elected constitutional officer, and specified state employee

12  shall file such report with the commission Secretary of State.

13  The report shall be filed only when a reportable

14  representation is made during the calendar quarter and shall

15  be filed no later than the last day of each calendar quarter,

16  for the previous calendar 15 days after the last day of the

17  quarter.  Representation before any agency shall be deemed to

18  include representation by such officer or specified state

19  employee or by any partner or associate of the professional

20  firm of which he or she is a member and of which he or she has

21  actual knowledge.  For the purposes of this subsection, the

22  term "representation before any agency" does not include

23  appearances before any court or Chief Judges of Compensation

24  Claims or judges of compensation claims or representations on

25  behalf of one's agency in one's official capacity.  Such term

26  does not include the preparation and filing of forms and

27  applications merely for the purpose of obtaining or

28  transferring a license based on a quota or a franchise of such

29  agency or a license or operation permit to engage in a

30  profession, business, or occupation, so long as the issuance

31  or granting of such license, permit, or transfer does not

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  1  require substantial discretion, a variance, a special

  2  consideration, or a certificate of public convenience and

  3  necessity.

  4         (5)  Each elected constitutional officer and each

  5  candidate for such office, any other public officer required

  6  pursuant to s. 8, Art. II of the State Constitution to file a

  7  full and public disclosure of his or her financial interests,

  8  and each state officer, local officer, specified state

  9  employee, and candidate for elective public office who is or

10  was during the disclosure period an officer, director,

11  partner, proprietor, or agent, other than a resident agent

12  solely for service of process, of, or owns or owned during the

13  disclosure period a material interest in, any business entity

14  which is granted a privilege to operate in this state shall

15  disclose such facts as a part of the disclosure form filed

16  pursuant to s. 8, Art. II of the State Constitution or this

17  section, as applicable. The statement shall give the name,

18  address, and principal business activity of the business

19  entity and shall state the position held with such business

20  entity or the fact that a material interest is owned and the

21  nature of that interest.

22         (6)  Forms for compliance with the disclosure

23  requirements of this section and a current list of persons

24  subject to disclosure shall be created provided by the

25  commission on Ethics to the Secretary of State and provided to

26  each supervisor of elections. The commission and each

27  supervisor of elections, who shall give notice of disclosure

28  deadlines and delinquencies and distribute forms in the

29  following manner:

30         (a)1.  Not later than May 1 of each year, the

31  commission on Ethics shall prepare a current list of the names

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  1  and addresses of, and the offices or positions held by, every

  2  state officer, local officer, and specified employee. In

  3  compiling the list, the commission shall be assisted by each

  4  unit of government in providing, at the request of the

  5  commission, the name, address, and name of agency of, and the

  6  office or position held by, each state officer, local officer,

  7  or specified state employee within the respective unit of

  8  government.

  9         2.  Not later than May 15 of each year, the commission

10  shall provide the Secretary of State with a current mailing

11  list of all state officers and specified employees and shall

12  provide each supervisor of elections with a current mailing

13  list of all local officers required to file with such

14  supervisor of elections.

15         (b)  Not later than 30 days before July 1 of each year,

16  the commission Secretary of State and each supervisor of

17  elections, as appropriate, shall mail a copy of the form

18  prescribed for compliance with subsection (3) and a notice of

19  all applicable disclosure forms and filing deadlines to each

20  person required to file a statement of financial interests.

21         (c)  Not later than 30 days after July 1 of each year,

22  the commission Secretary of State and each supervisor of

23  elections shall determine which persons required to file a

24  statement of financial interests in their respective offices

25  have failed to do so and shall send delinquency notices by

26  certified mail to such persons.  Each notice shall state that

27  a grace period is in effect until September 1 of the current

28  year; that no investigative or disciplinary action based upon

29  the delinquency will be taken by the agency head or Commission

30  on Ethics if the statement is filed by September 1 of the

31  current year; that, if the statement is not filed by September

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  1  1 of the current year, a fine of $25 for each day late will be

  2  imposed, up to a maximum penalty of $1,500; for notices sent

  3  by a supervisor of elections, that he or she is required by

  4  law to notify the Commission on Ethics of the delinquency; and

  5  that, if upon the filing of a sworn complaint the commission

  6  finds that the person has failed to timely file the statement

  7  within 60 days after by September 1 of the current year, such

  8  person shall also be subject to the penalties provided in s.

  9  112.317.

10         (d)  No later than November 15 of each year Not later

11  than 30 days following September 1 of each year, the Secretary

12  of State and the supervisor of elections in each county shall

13  certify to the commission on Ethics a list of the names and

14  addresses of, and the offices or positions held by, all

15  persons who have failed to timely file the required statements

16  of financial interests. The certification must include the

17  earliest of the dates described in subparagraph (f)1. The

18  certification shall be on a form prescribed by the commission

19  and shall indicate whether the supervisor of elections

20  respective certifying official has provided the disclosure

21  forms and notice as required by this subsection to all persons

22  named on the delinquency list.

23         (e)  Statements shall be filed not later than 5 p.m. of

24  the due date. However, any statement that is postmarked by the

25  United States Postal Service no later than midnight of the due

26  date shall be deemed to have been filed in a timely manner,

27  and a certificate of mailing obtained from and dated by the

28  United States Postal Service at the time of the mailing, or a

29  receipt from an established courier company which bears a date

30  on or before the due date, shall be proof of mailing in a

31  timely manner.

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  1         (f)  Any person who is required to file a statement of

  2  financial interests and whose name is on the commission's

  3  mailing list but who fails to timely file is hereby assessed a

  4  fine of $25 per day for each day late up to a maximum of

  5  $1,500; however, the $1,500 cap on automatic fines shall not

  6  limit the civil penalty that can be imposed if the statement

  7  is filed more than 60 days after the deadline and a complaint

  8  is filed, as provided in s. 112.324. The commission shall

  9  provide by rule a procedure by which each person whose name is

10  on the mailing list and who is determined to have not filed in

11  a timely manner shall be notified of assessed fines. The rule

12  shall provide for the following:

13         1.  The amount of the fine due is based upon the

14  earliest of the following:

15         a.  When a statement is actually received by the

16  office.

17         b.  When the statement is postmarked.

18         c.  When the certificate of mailing is dated.

19         d.  When the receipt from an established courier

20  company is dated.

21         2.  For a specified state employee or a state officer,

22  upon receipt of the disclosure statement by the commission or

23  upon accrual of the maximum penalty, whichever occurs first,

24  and for a local officer upon receipt by the commission of the

25  certification from the local officer's supervisor of elections

26  pursuant to paragraph (d), the commission shall determine the

27  amount of the fine which is due and shall notify the

28  delinquent person. The notice shall include an explanation of

29  the appeal procedure in subparagraph 3. Such fine shall be

30  paid within 30 days after the notice of payment due is

31  transmitted, unless appeal is made to the commission pursuant

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  1  to subparagraph 3. The moneys shall be deposited into the

  2  General Revenue Fund.

  3         3.  Any reporting person may appeal or dispute a fine,

  4  based upon unusual circumstances surrounding the failure to

  5  file on the designated due date, and may request and shall be

  6  entitled to a hearing before the commission, which shall have

  7  the authority to waive the fine in whole or in part for good

  8  cause shown. Any such request shall be made within 30 days

  9  after the notice of payment due is transmitted. In such case,

10  the reporting person shall, within the 30-day period, notify

11  the person designated to review the timeliness of reports in

12  writing of his or her intention to bring the matter before the

13  commission.

14         (g)(e)  Any state officer, local officer, or specified

15  employee whose name is not on the mailing list of persons

16  required to file statements of financial interests provided to

17  the Secretary of State or supervisor of elections is not

18  subject to the penalties provided in s. 112.317 or the fine

19  provided in this section for failure to timely file a

20  statement of financial interests in any year in which the

21  omission occurred, but nevertheless shall be required to file

22  the disclosure statement.

23         (h)(f)  The notification requirements and fines of this

24  subsection do not apply to candidates or to the first or final

25  filing required of any state officer, specified employee, or

26  local officer as provided in paragraph (2)(b).

27         (i)  Notwithstanding any provision of chapter 120, any

28  fine imposed under this subsection that is not waived by final

29  order of the commission and that remains unpaid more than 60

30  days after the notice of payment due or more than 60 days

31  after the commission renders a final order on the appeal shall

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  1  be submitted to the Department of Banking and Finance as a

  2  claim, debt, or other obligation owed to the state, and the

  3  department shall assign the collection of such fine to a

  4  collection agent as provided in s. 17.20.

  5         (7)  The appointing official or body shall notify each

  6  newly appointed local officer, state officer, or specified

  7  state employee, not later than the date of appointment, of the

  8  officer's or employee's duty to comply with the disclosure

  9  requirements of this section. The agency head of each

10  employing agency shall notify each newly employed local

11  officer or specified state employee, not later than the day of

12  employment, of the officer's or employee's duty to comply with

13  the disclosure requirements of this section. The appointing

14  official or body or employing agency head may designate a

15  person to be responsible for the notification requirements of

16  this section.

17         (8)  A public officer who has filed a disclosure for

18  any calendar or fiscal year shall not be required to file a

19  second disclosure for the same year or any part thereof,

20  notwithstanding any requirement of this act, except that any

21  public officer who qualifies as a candidate for public office

22  shall file a copy of the disclosure with the officer before

23  whom he or she qualifies as a candidate at the time of

24  qualification.

25         (9)  The commission shall adopt rules and forms

26  specifying how a state officer, local officer, or specified

27  state employee may amend his or her statement of financial

28  interests to report information that was not included on the

29  originally filed form. If the amendment is the subject of a

30  complaint filed under this part, the commission and the proper

31  disciplinary official or body shall take into account as a

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  1  mitigating factor when considering appropriate disciplinary

  2  action the fact that the amendment was filed before any

  3  complaint or other inquiry or proceeding, while recognizing

  4  that the public was deprived of access to information to which

  5  it was entitled.

  6         Section 4.  Section 112.3148, Florida Statutes, is

  7  amended to read:

  8         112.3148  Reporting and prohibited receipt of gifts by

  9  individuals filing full or limited public disclosure of

10  financial interests and by procurement employees.--

11         (1)  The provisions of this section do not apply to

12  gifts solicited or accepted by a reporting individual or

13  procurement employee from a relative.

14         (2)  As used in this section:

15         (a)  "Immediate family" means any parent, spouse,

16  child, or sibling.

17         (b)1.  "Lobbyist" means any natural person who, for

18  compensation, seeks, or sought during the preceding 12 months,

19  to influence the governmental decisionmaking of a reporting

20  individual or procurement employee or his or her agency or

21  seeks, or sought during the preceding 12 months, to encourage

22  the passage, defeat, or modification of any proposal or

23  recommendation by the reporting individual or procurement

24  employee or his or her agency.

25         2.  With respect to an agency that has established by

26  rule, ordinance, or law a registration process for persons

27  seeking to influence decisionmaking or to encourage the

28  passage, defeat, or modification of any proposal or

29  recommendation by such agency or an employee or official of

30  the agency, the term "lobbyist" includes only a person who is

31  required to be registered as a lobbyist in accordance with

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  1  such rule, ordinance, or law or who was during the preceding

  2  12 months required to be registered as a lobbyist in

  3  accordance with such rule, ordinance, or law. At a minimum,

  4  such a registration system must require the registration of,

  5  or must designate, persons as "lobbyists" who engage in the

  6  same activities as require registration to lobby the

  7  Legislature pursuant to s. 11.045.

  8         (c)  "Person" includes individuals, firms,

  9  associations, joint ventures, partnerships, estates, trusts,

10  business trusts, syndicates, fiduciaries, corporations, and

11  all other groups or combinations.

12         (d)  "Reporting individual" means any individual,

13  including a candidate, who is required by law, pursuant to s.

14  8, Art. II of the State Constitution or s. 112.3145, to file

15  full or limited public disclosure of his or her financial

16  interests or any individual who has been elected to, but has

17  yet to officially assume the responsibilities of, public

18  office. For purposes of implementing this section, the

19  "agency" of a reporting individual who is not an officer or

20  employee in public service is the agency to which the

21  candidate seeks election, or in the case of an individual

22  elected to but yet to formally take office, the agency in

23  which the individual has been elected to serve.

24         (e)  "Procurement employee" means any employee of an

25  officer, department, board, commission, or council of the

26  executive branch or judicial branch of state government who

27  participates through decision, approval, disapproval,

28  recommendation, preparation of any part of a purchase request,

29  influencing the content of any specification or procurement

30  standard, rendering of advice, investigation, or auditing or

31  in any other advisory capacity in the procurement of

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  1  contractual services or commodities as defined in s. 287.012,

  2  if the cost of such services or commodities exceeds $5,000

  3  $1,000 in any year.

  4         (3)  A reporting individual or procurement employee is

  5  prohibited from soliciting any gift from a political committee

  6  or committee of continuous existence, as defined in s.

  7  106.011, or from a lobbyist who lobbies the reporting

  8  individual's or procurement employee's agency, or the partner,

  9  firm, employer, or principal of such lobbyist, where such gift

10  is for the personal benefit of the reporting individual or

11  procurement employee, another reporting individual or

12  procurement employee, or any member of the immediate family of

13  a reporting individual or procurement employee.

14         (4)  A reporting individual or procurement employee or

15  any other person on his or her behalf is prohibited from

16  knowingly accepting, directly or indirectly, a gift from a

17  political committee or committee of continuous existence, as

18  defined in s. 106.011, or from a lobbyist who lobbies the

19  reporting individual's or procurement employee's agency, or

20  directly or indirectly on behalf of the partner, firm,

21  employer, or principal of a lobbyist, if he or she knows or

22  reasonably believes that the gift has a value in excess of

23  $100; however, such a gift may be accepted by such person on

24  behalf of a governmental entity or a charitable organization.

25  If the gift is accepted on behalf of a governmental entity or

26  charitable organization, the person receiving the gift shall

27  not maintain custody of the gift for any period of time beyond

28  that reasonably necessary to arrange for the transfer of

29  custody and ownership of the gift.

30         (5)(a)  A political committee or a committee of

31  continuous existence, as defined in s. 106.011; a lobbyist who

                                  30

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  1  lobbies a reporting individual's or procurement employee's

  2  agency; the partner, firm, employer, or principal of a

  3  lobbyist; or another on behalf of the lobbyist or partner,

  4  firm, principal, or employer of the lobbyist is prohibited

  5  from giving, either directly or indirectly, a gift that has a

  6  value in excess of $100 to the reporting individual or

  7  procurement employee or any other person on his or her behalf;

  8  however, such person may give a gift having a value in excess

  9  of $100 to a reporting individual or procurement employee if

10  the gift is intended to be transferred to a governmental

11  entity or a charitable organization.

12         (b)  However, a person who is regulated by this

13  subsection, who is not regulated by subsection (6), and who

14  makes, or directs another to make, an individual gift having a

15  value in excess of $25, but not in excess of $100, other than

16  a gift which the donor knows will be accepted on behalf of a

17  governmental entity or charitable organization, must file a

18  report on the last day of each calendar quarter, for the

19  previous calendar quarter in which a reportable gift is made.

20  The report shall be filed with the Commission on Ethics

21  Secretary of State, except with respect to gifts to reporting

22  individuals of the legislative branch, in which case the

23  report shall be filed with the Division of Legislative

24  Information Services in the Office of Legislative Services.

25  The report must contain a description of each gift, the

26  monetary value thereof, the name and address of the person

27  making such gift, the name and address of the recipient of the

28  gift, and the date such gift is given.  In addition, when a

29  gift is made which requires the filing of a report under this

30  subsection, the donor must notify the intended recipient at

31  the time the gift is made that the donor, or another on his or

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  1  her behalf, will report the gift under this subsection.  Under

  2  this paragraph, a gift need not be reported by more than one

  3  person or entity.

  4         (6)(a)  Notwithstanding the provisions of subsection

  5  (5), an entity of the legislative or judicial branch, a

  6  department or commission of the executive branch, a water

  7  management district created pursuant to s. 373.069, Tri-County

  8  Commuter Rail Authority, the Technological Research and

  9  Development Authority, a county, a municipality, an airport

10  authority, or a school board may give, either directly or

11  indirectly, a gift having a value in excess of $100 to any

12  reporting individual or procurement employee if a public

13  purpose can be shown for the gift; and a direct-support

14  organization specifically authorized by law to support a

15  governmental entity may give such a gift to a reporting

16  individual or procurement employee who is an officer or

17  employee of such governmental entity.

18         (b)  Notwithstanding the provisions of subsection (4),

19  a reporting individual or procurement employee may accept a

20  gift having a value in excess of $100 from an entity of the

21  legislative or judicial branch, a department or commission of

22  the executive branch, a water management district created

23  pursuant to s. 373.069, Tri-County Commuter Rail Authority,

24  the Technological Research and Development Authority, a

25  county, a municipality, an airport authority, or a school

26  board if a public purpose can be shown for the gift; and a

27  reporting individual or procurement employee who is an officer

28  or employee of a governmental entity supported by a

29  direct-support organization specifically authorized by law to

30  support such governmental entity may accept such a gift from

31  such direct-support organization.

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  1         (c)  No later than March 1 of each year, each

  2  governmental entity or direct-support organization

  3  specifically authorized by law to support a governmental

  4  entity which has given a gift to a reporting individual or

  5  procurement employee under paragraph (a) shall provide the

  6  reporting individual or procurement employee with a statement

  7  of each gift having a value in excess of $100 given to such

  8  reporting individual or procurement employee by the

  9  governmental entity or direct-support organization during the

10  preceding calendar year.  Such report shall contain a

11  description of each gift, the date on which the gift was

12  given, and the value of the total gifts given by the

13  governmental entity or direct-support organization to the

14  reporting individual or procurement employee during the

15  calendar year for which the report is made.  A governmental

16  entity may provide a single report to the reporting individual

17  or procurement employee of gifts provided by the governmental

18  entity and any direct-support organization specifically

19  authorized by law to support such governmental entity.

20         (d)  No later than July 1 of each year, each reporting

21  individual or procurement employee shall file a statement

22  listing each gift having a value in excess of $100 received by

23  the reporting individual or procurement employee, either

24  directly or indirectly, from a governmental entity or a

25  direct-support organization specifically authorized by law to

26  support a governmental entity.  The statement shall list the

27  name of the person providing the gift, a description of the

28  gift, the date or dates on which the gift was given, and the

29  value of the total gifts given during the calendar year for

30  which the report is made.  The reporting individual or

31  procurement employee shall attach to such statement any report

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  1  received by him or her in accordance with paragraph (c), which

  2  report shall become a public record when filed with the

  3  statement of the reporting individual or procurement employee.

  4  The reporting individual or procurement employee may explain

  5  any differences between the report of the reporting individual

  6  or procurement employee and the attached reports.  The annual

  7  report filed by a reporting individual shall be filed with the

  8  financial disclosure statement required by either s. 8, Art.

  9  II of the State Constitution or s. 112.3145, as applicable to

10  the reporting individual.  The annual report filed by a

11  procurement employee shall be filed with the Commission on

12  Ethics Department of State.

13         (7)(a)  The value of a gift provided to a reporting

14  individual or procurement employee shall be determined using

15  fair market value actual cost to the donor, less taxes and

16  gratuities, except as otherwise provided in this subsection,

17  and, with respect to personal services provided by the donor,

18  the reasonable and customary charge regularly charged for such

19  service in the community in which the service is provided

20  shall be used.  If additional expenses are required as a

21  condition precedent to eligibility of the donor to purchase or

22  provide a gift and such expenses are primarily for the benefit

23  of the donor or are of a charitable nature, such expenses

24  shall not be included in determining the value of the gift.

25         (b)  Compensation provided by the donee to the donor,

26  if provided within 90 days of receipt, shall be deducted from

27  the value of the gift in determining the value of the gift.

28         (c)  If the actual gift value attributable to

29  individual participants at an event cannot be determined, the

30  total costs shall be prorated among all invited persons,

31

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  1  whether or not they are reporting individuals or procurement

  2  employees.

  3         (d)  Transportation shall be valued on a round-trip

  4  basis unless only one-way transportation is provided.

  5  Round-trip transportation expenses shall be considered a

  6  single gift. Transportation provided in a private conveyance

  7  shall be given the same value as transportation provided in a

  8  comparable commercial conveyance.

  9         (e)  Lodging provided on consecutive days shall be

10  considered a single gift.  Lodging in a private residence

11  shall be valued at the per diem rate provided in s.

12  112.061(6)(a)1. less the meal allowance rate provided in s.

13  112.061(6)(b).

14         (f)  Food and beverages which are not consumed at a

15  single sitting or meal and which are provided on the same

16  calendar day shall be considered a single gift, and the total

17  value of all food and beverages provided on that date shall be

18  considered the value of the gift.  Food and beverage consumed

19  at a single sitting or meal shall be considered a single gift

20  and the value of the food and beverage provided at that

21  sitting or meal shall be considered the value of the gift.

22         (g)  Membership dues paid to the same organization

23  during any 12-month period shall be considered a single gift.

24         (h)  Entrance fees, admission fees, or tickets shall be

25  valued on the face value of the ticket or fee, or on a daily

26  or per event basis, whichever is greater.

27         (i)  Except as otherwise specified in this section, a

28  gift shall be valued on a per occurrence basis.

29         (j)  The value of a gift provided to several

30  individuals may be attributed on a pro rata basis among all of

31  the individuals. If the gift is food, beverage, entertainment,

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  1  or similar items, provided at a function for more than 10

  2  people, the value of the gift to each individual shall be the

  3  total value of the items provided divided by the number of

  4  persons invited to the function, unless the items are

  5  purchased on a per person basis, in which case the value of

  6  the gift to each person is the per person cost.

  7         (k)  The value of a gift of an admission ticket shall

  8  not include that portion of the cost which represents a

  9  charitable contribution, if the gift is provided by the

10  charitable organization.

11         (8)(a)  Each reporting individual or procurement

12  employee shall file a statement with the Commission on Ethics

13  Secretary of State on the last day of each calendar quarter,

14  for the previous calendar quarter, containing a list of gifts

15  which he or she believes to be in excess of $100 in value, if

16  any, accepted by him or her, for which compensation was not

17  provided by the donee to the donor within 90 days of receipt

18  of the gift to reduce the value to $100 or less, except the

19  following:

20         1.  Gifts from relatives.

21         2.  Gifts prohibited by subsection (4) or s.

22  112.313(4).

23         3.  Gifts otherwise required to be disclosed by this

24  section.

25         (b)  The statement shall include:

26         1.  A description of the gift, the monetary value of

27  the gift, the name and address of the person making the gift,

28  and the dates thereof.  If any of these facts, other than the

29  gift description, are unknown or not applicable, the report

30  shall so state.

31

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  1         2.  A copy of any receipt for such gift provided to the

  2  reporting individual or procurement employee by the donor.

  3         (c)  The statement may include an explanation of any

  4  differences between the reporting individual's or procurement

  5  employee's statement and the receipt provided by the donor.

  6         (d)  The reporting individual's or procurement

  7  employee's statement shall be sworn to by such person as being

  8  a true, accurate, and total listing of all such gifts.

  9         (e)  If a reporting individual or procurement employee

10  has not received any gifts described in paragraph (a) during a

11  calendar quarter, he or she is not required to file a

12  statement under this subsection for that calendar quarter.

13         (9)  A person, other than a lobbyist regulated under s.

14  11.045, who violates the provisions of subsection (5) commits

15  a noncriminal infraction, punishable by a fine of not more

16  than $5,000 and by a prohibition on lobbying, or employing a

17  lobbyist to lobby, before the agency of the reporting

18  individual or procurement employee to which the gift was given

19  in violation of subsection (5), for a period of not more than

20  24 months.  The state attorney, or an agency, if otherwise

21  authorized, may initiate an action to impose or recover a fine

22  authorized under this section or to impose or enforce a

23  limitation on lobbying provided in this section.

24         (10)  A member of the Legislature may request an

25  advisory opinion from the general counsel of the house of

26  which he or she is a member as to the application of this

27  section to a specific situation.  The general counsel shall

28  issue the opinion within 10 days after receiving the request.

29  The member of the Legislature may reasonably rely on such

30  opinion.

31

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  1         Section 5.  Paragraph (e) of subsection (1) and

  2  Subsection (6) of section 112.3149, Florida Statutes, are

  3  amended to read:

  4         112.3149  Solicitation and disclosure of honoraria.--

  5         (1)  As used in this section:

  6         (e)  "Procurement employee" means any employee of an

  7  officer, department, board, commission, or council of the

  8  executive branch or judicial branch of state government who

  9  participates through decision, approval, disapproval,

10  recommendation, preparation of any part of a purchase request,

11  influencing the content of any specification or procurement

12  standard, rendering of advice, investigation, or auditing or

13  in any other advisory capacity in the procurement of

14  contractual services or commodities as defined in s. 287.012,

15  if the cost of such services or commodities exceeds $5,000

16  $1,000 in any year.

17         (6)  A reporting individual or procurement employee who

18  receives payment or provision of expenses related to any

19  honorarium event from a person who is prohibited by subsection

20  (4) from paying an honorarium to a reporting individual or

21  procurement employee shall publicly disclose on an annual

22  statement the name, address, and affiliation of the person

23  paying or providing the expenses; the amount of the honorarium

24  expenses; the date of the honorarium event; a description of

25  the expenses paid or provided on each day of the honorarium

26  event; and the total value of the expenses provided to the

27  reporting individual or procurement employee in connection

28  with the honorarium event.  The annual statement of honorarium

29  expenses shall be filed by July 1 of each year for such

30  expenses received during the previous calendar year. The

31  reporting individual or procurement employee shall attach to

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  1  the annual statement a copy of each statement received by him

  2  or her in accordance with subsection (5) regarding honorarium

  3  expenses paid or provided during the calendar year for which

  4  the annual statement is filed.  Such attached statement shall

  5  become a public record upon the filing of the annual report.

  6  The annual statement of a reporting individual shall be filed

  7  with the financial disclosure statement required by either s.

  8  8, Art. II of the State Constitution or s. 112.3145, as

  9  applicable to the reporting individual. The annual statement

10  of a procurement employee shall be filed with the Commission

11  on Ethics Department of State.

12         Section 6.  Subsection (3) of section 112.324, Florida

13  Statutes, is amended to read:

14         112.324  Procedures on complaints of violations.--

15         (3)  If, in cases pertaining to current members of the

16  Legislature, upon completion of a full and final investigation

17  by the commission, the commission finds that there has been a

18  violation of this part or of any provision of s. 8, Art. II of

19  the State Constitution, irrespective of whether the violative

20  act or omission occurred before or during the current member's

21  term of office, the commission shall forward a copy of the

22  complaint and its findings by certified mail to the President

23  of the Senate or the Speaker of the House of Representatives,

24  whichever is applicable, who shall refer the complaint to the

25  appropriate committee for investigation and action which shall

26  be governed by the rules of its respective house.  It shall be

27  the duty of the committee to report its final action upon the

28  complaint to the commission within 90 days of the date of

29  transmittal to the respective house.  Upon request of the

30  committee, the commission shall submit a recommendation as to

31  what penalty, if any, should be imposed.  In the case of a

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  1  member of the Legislature, the house in which the member

  2  serves shall have the power to invoke the penalty provisions

  3  of this part.

  4         Section 7.  Section 914.21, Florida Statutes, is

  5  amended to read:

  6         914.21  Definitions.--As used in ss. 914.22-914.24, the

  7  term:

  8         (1)  "Bodily injury" means:

  9         (a)  A cut, abrasion, bruise, burn, or disfigurement;

10         (b)  Physical pain;

11         (c)  Illness;

12         (d)  Impairment of the function of a bodily member,

13  organ, or mental faculty; or

14         (e)  Any other injury to the body, no matter how

15  temporary.

16         (2)  "Misleading conduct" means:

17         (a)  Knowingly making a false statement;

18         (b)  Intentionally omitting information from a

19  statement and thereby causing a portion of such statement to

20  be misleading, or intentionally concealing a material fact and

21  thereby creating a false impression by such statement;

22         (c)  With intent to mislead, knowingly submitting or

23  inviting reliance on a writing or recording that is false,

24  forged, altered, or otherwise lacking in authenticity;

25         (d)  With intent to mislead, knowingly submitting or

26  inviting reliance on a sample, specimen, map, photograph,

27  boundary mark, or other object that is misleading in a

28  material respect; or

29         (e)  Knowingly using a trick, scheme, or device with

30  intent to mislead.

31

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  1         (3)  "Official investigation" means any investigation

  2  instituted by a law enforcement agency or prosecuting officer

  3  of the state or a political subdivision of the state, or any

  4  investigation conducted by the Florida Commission on Ethics.

  5         (4)  "Official proceeding" means:

  6         (a)  A proceeding before a judge or court or a grand

  7  jury;

  8         (b)  A proceeding before the Legislature; or

  9         (c)  A proceeding before a federal agency which is

10  authorized by law.

11         (d)  A proceeding before the Florida Commission on

12  Ethics.

13         (5)  "Physical force" means physical action against

14  another and includes confinement.

15         Section 8.  Section 112.3151, Florida Statutes, is

16  repealed.

17         Section 9.  Subsections (2), (6), (7), and (8) of

18  section 112.317, Florida Statutes, are amended to read:

19         112.317  Penalties.--

20         (2)  In any case in which the commission finds a

21  violation of this part or of s. 8, Art. II of the State

22  Constitution and the proper disciplinary official or body

23  under s. 112.324 imposes recommends a civil penalty or

24  restitution penalty, the Attorney General shall bring a civil

25  action to recover such penalty.  No defense may be raised in

26  the civil action to enforce the civil penalty or order of

27  restitution that could have been raised by judicial review of

28  the administrative findings and recommendations of the

29  commission by certiorari to the district court of appeal. The

30  Attorney General shall be entitled to collect any costs,

31

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  1  attorney's fees, expert witness fees, or other costs of

  2  collection incurred in bringing such actions.

  3         (6)  Any person who willfully discloses, or permits to

  4  be disclosed, his or her intention to file a complaint, the

  5  existence or contents of a complaint which has been filed with

  6  the commission, or any document, action, or proceeding in

  7  connection with a confidential preliminary investigation of

  8  the commission, before such complaint, document, action, or

  9  proceeding becomes a public record as provided herein commits

10  a misdemeanor of the first degree, punishable as provided in

11  s. 775.082 or s. 775.083.

12         (6)(7)  In any case in which the commission finds

13  probable cause to believe that a complainant has committed

14  perjury in regard to any document filed with, or any testimony

15  given before, the commission, it shall refer such evidence to

16  the appropriate law enforcement agency for prosecution and

17  taxation of costs.

18         (7)(8)  In any case in which the commission determines

19  that a person has filed a complaint against a public officer

20  or employee with a malicious intent to injure the reputation

21  of such officer or employee by filing the complaint with

22  knowledge that the complaint contains one or more false

23  allegations or with reckless disregard for whether the

24  complaint contains false allegations of fact material to a

25  violation of this part, the complainant shall be liable for

26  costs plus reasonable attorney's fees incurred in the defense

27  of the person complained against, including the costs and

28  reasonable attorney's fees incurred in proving entitlement to

29  and the amount of costs and fees. If the complainant fails to

30  pay such costs and fees voluntarily within 30 days following

31  such finding by the commission, the commission shall forward

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  1  such information to the Department of Legal Affairs, which

  2  shall bring a civil action in a court of competent

  3  jurisdiction to recover the amount of such costs and fees

  4  awarded by the commission.

  5         Section 10.  Section 112.3215, Florida Statutes, is

  6  amended to read:

  7         112.3215  Lobbyists before the Executive Branch or the

  8  Constitution Revision Commission; registration and reporting;

  9  investigation by commission.--

10         (1)  For the purposes of this section:

11         (a)  "Agency" means the Governor, Governor and Cabinet,

12  or any department, division, bureau, board, commission, or

13  authority of the executive branch.  In addition, "agency"

14  shall mean the Constitution Revision Commission as provided by

15  s. 2, Art. XI of the State Constitution.

16         (b)  "Expenditure" means a payment, distribution, loan,

17  advance, reimbursement, deposit, or anything of value made by

18  a lobbyist or principal for the purpose of lobbying.

19         (c)  "Fund" means the Executive Branch Lobby

20  Registration Trust Fund.

21         (d)  "Lobbies" means seeking, on behalf of another

22  person, to influence an agency with respect to a decision of

23  the agency in the area of policy or procurement or an attempt

24  to obtain the goodwill of an agency official or employee.

25  "Lobbies" also means influencing or attempting to influence,

26  on behalf of another, the Constitution Revision Commission's

27  action or nonaction through oral or written communication or

28  an attempt to obtain the goodwill of a member or employee of

29  the Constitution Revision Commission.

30         (e)  "Lobbyist" means a person who is employed and

31  receives payment, or who contracts for economic consideration,

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  1  for the purpose of lobbying, or a person who is principally

  2  employed for governmental affairs by another person or

  3  governmental entity to lobby on behalf of that other person or

  4  governmental entity. "Lobbyist" does not include a person who

  5  is:

  6         1.  An attorney, or any person, who represents a client

  7  in a judicial proceeding or in a formal administrative

  8  proceeding conducted pursuant to chapter 120 or any other

  9  formal hearing before an agency, board, commission, or

10  authority of this state.

11         2.  An employee of an agency or of a legislative or

12  judicial branch entity acting in the normal course of his or

13  her duties.

14         3.  A confidential informant who is providing, or

15  wishes to provide, confidential information to be used for law

16  enforcement purposes.

17         4.  A person who lobbies to procure a contract pursuant

18  to chapter 287 which contract is less than the threshold for

19  CATEGORY ONE as provided in s. 287.017(1)(a).

20         (f)  "Principal" means the person, firm, corporation,

21  or other entity which has employed or retained a lobbyist.

22         (2)  The Executive Branch Lobby Registration Trust Fund

23  is hereby created within the commission to be used for the

24  purpose of funding any office established to administer the

25  registration of lobbyists lobbying an agency, including the

26  payment of salaries and other expenses. The trust fund is not

27  subject to the service charge to General Revenue provisions of

28  chapter 215. All annual registration fees collected pursuant

29  to this section shall be deposited into such fund.

30         (3)  A person may not lobby an agency until such person

31  has registered as a lobbyist with the commission.  Such

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  1  registration shall be due upon initially being retained to

  2  lobby and is renewable on a calendar year basis thereafter.

  3  Upon registration the person shall provide a statement signed

  4  by the principal or principal's representative that the

  5  registrant is authorized to represent the principal. The

  6  registration shall require the lobbyist to disclose, under

  7  oath, the following information:

  8         (a)  Name and business address;

  9         (b)  The name and business address of each principal

10  represented;

11         (c)  His or her area of interest;

12         (d)  The agencies before which he or she will appear;

13  and

14         (e)  The existence of any direct or indirect business

15  association, partnership, or financial relationship with any

16  employee of an agency with which he or she lobbies, or intends

17  to lobby, as disclosed in the registration.

18         (4)  The annual lobbyist registration fee shall be set

19  by the commission by rule, not to exceed $40 for each

20  principal represented.

21         (5)(a)  A registered lobbyist must also submit to the

22  commission, biannually quarterly, a signed expenditure report

23  summarizing all lobbying expenditures by the lobbyist and the

24  principal for each 6-month period during any portion of which

25  the lobbyist is registered.  All expenditures made by the

26  lobbyist and the principal for the purpose of lobbying must be

27  reported. Reporting of expenditures shall be on an accrual

28  basis. The report of such expenditures must identify whether

29  the expenditure was made directly by the lobbyist, directly by

30  the principal, initiated or expended by the lobbyist and paid

31  for by the principal, or initiated or expended by the

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  1  principal and paid for by the lobbyist. The principal is

  2  responsible for the accuracy of the expenditures reported as

  3  lobbying expenditures made by the principal. The lobbyist is

  4  responsible for the accuracy of the expenditures reported as

  5  lobbying expenditures made by the lobbyist. Expenditures made

  6  must be reported by the category of the expenditure,

  7  including, but not limited to, the categories of food and

  8  beverages, entertainment, research, communication, media

  9  advertising, publications, travel, and lodging.  Lobby

10  expenditures do not include a lobbyist's or principal's

11  salary, office expenses, and personal expenses for lodging,

12  meals, and travel.

13         (b)  A principal who is represented by two or more

14  lobbyists shall designate one lobbyist whose expenditure

15  report shall include all lobbying expenditures made directly

16  by the principal and those expenditures of the designated

17  lobbyist on behalf of that principal as required by paragraph

18  (a). All other lobbyists registered to represent that

19  principal shall file a report pursuant to paragraph (a). The

20  report of lobbying expenditures by the principal shall be made

21  pursuant to the requirements of paragraph (a). The principal

22  is responsible for the accuracy of figures reported by the

23  designated lobbyist as lobbying expenditures made directly by

24  the principal. The designated lobbyist is responsible for the

25  accuracy of the figures reported as lobbying expenditures made

26  by that lobbyist.

27         (c)  For each reporting period the commission shall

28  aggregate the expenditures of all lobbyists for a principal

29  represented by more than one lobbyist. Further, the commission

30  shall aggregate figures that provide a cumulative total of

31

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  1  expenditures reported as spent by and on behalf of each

  2  principal for the calendar year.

  3         (d)  The reporting statements shall be filed no later

  4  than 45 days after the end of each reporting period and shall

  5  include the expenditures for the period from January 1 through

  6  March 31, April 1 through June 30, and July 1 through

  7  September 30, and October 1 through December 31, respectively.

  8         (e)  Reports shall be filed not later than 5 p.m. of

  9  the report due date.  However, any report that is postmarked

10  by the United States Postal Service no later than midnight of

11  the due date shall be deemed to have been filed in a timely

12  manner, and a certificate of mailing obtained from and dated

13  by the United States Postal Service at the time of the

14  mailing, or a receipt from an established courier company

15  which bears a date on or before the due date, shall be proof

16  of mailing in a timely manner.

17         (f)  The commission shall provide by rule a procedure

18  by which a lobbyist who fails to timely file a report shall be

19  notified and assessed fines.  The rule shall provide for the

20  following:

21         1.  Upon determining that the report is late, the

22  person designated to review the timeliness of reports shall

23  immediately notify the lobbyist as to the failure to timely

24  file the report and that a fine is being assessed for each

25  late day. The fine shall be $25 $50 per day per report for

26  each late day, up to a maximum of $1,500 per late report.

27         2.  Upon receipt of the report, the person designated

28  to review the timeliness of reports shall determine the amount

29  of the fine due based upon the earliest of the following:

30         a.  When a report is actually received by the lobbyist

31  registration and reporting office.

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  1         b.  When the report is postmarked.

  2         c.  When the certificate of mailing is dated.

  3         d.  When the receipt from an established courier

  4  company is dated.

  5         3.  Such fine shall be paid within 30 20 days after

  6  receipt of the notice of payment due is transmitted by the

  7  lobbyist registration office, unless appeal is made to the

  8  commission.  The moneys shall be deposited into the Executive

  9  Branch Lobby Registration Trust Fund.

10         4.  A fine shall not be assessed against a lobbyist the

11  first time any reports for which the lobbyist is responsible

12  are not timely filed. However, to receive the one-time fine

13  waiver, all reports for which the lobbyist is responsible must

14  be filed within 30 20 days after the receipt of notice that

15  any reports have not been timely filed is transmitted by the

16  lobbyist registration office. A fine shall be assessed for any

17  subsequent late-filed reports.

18         5.  Any lobbyist may appeal or dispute a fine, based

19  upon unusual circumstances surrounding the failure to file on

20  the designated due date, and may request and shall be entitled

21  to a hearing before the commission, which shall have the

22  authority to waive the fine in whole or in part for good cause

23  shown.  Any such request shall be made within 30 20 days after

24  receipt of the notice of payment due is transmitted by the

25  lobbyist registration office.  In such case, the lobbyist

26  shall, within the 30-day 20-day period, notify the person

27  designated to review the timeliness of reports in writing of

28  his or her intention to bring the matter before the

29  commission.

30         6.  The person designated to review the timeliness of

31  reports shall notify the commission of the failure of a

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  1  lobbyist to file a report after notice or of the failure of a

  2  lobbyist to pay the fine imposed.

  3         7.  Notwithstanding any provision of chapter 120, any

  4  fine imposed under this subsection that is not waived by final

  5  order of the commission and that remains unpaid more than 60

  6  days after the notice of payment due or more than 60 days

  7  after the commission renders a final order on the lobbyist's

  8  appeal shall be submitted to the Department of Banking and

  9  Finance as a claim, debt, or other obligation owed to the

10  State, and the Department shall assign the collection of such

11  fine to a collection agent as provided in s. 17.20.

12         (g)  The commission shall adopt a rule which allows

13  reporting statements to be filed by electronic means, when

14  feasible.

15         (h)  Each lobbyist and each principal shall preserve

16  for a period of 4 years all accounts, bills, receipts,

17  computer records, books, papers, and other documents and

18  records necessary to substantiate lobbying expenditures. Any

19  documents and records retained pursuant to this section may be

20  inspected under reasonable circumstances by any authorized

21  representative of the commission. The right of inspection may

22  be enforced by appropriate writ issued by any court of

23  competent jurisdiction.

24         (6)  A lobbyist shall promptly send a written statement

25  to the commission canceling the registration for a principal

26  upon termination of the lobbyist's representation of that

27  principal.  Notwithstanding this requirement, the commission

28  may remove the name of a lobbyist from the list of registered

29  lobbyists if the principal notifies the office that a person

30  is no longer authorized to represent that principal. Each

31  lobbyist is responsible for filing an expenditure report for

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  1  each period during any portion of which he or she was

  2  registered, and each principal is responsible for seeing that

  3  an expenditure report is filed for each period during any

  4  portion of which the principal was represented by a registered

  5  lobbyist.

  6         (7)  The commission shall investigate every sworn

  7  complaint that is filed with it alleging that a person covered

  8  by this section has failed to register, has failed to submit

  9  an expenditure report, or has knowingly submitted false

10  information in any report or registration required in this

11  section.  All proceedings, the complaint, and other records

12  relating to the investigation are confidential and exempt from

13  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

14  State Constitution, and any meetings held pursuant to an

15  investigation are exempt from the provisions of s. 286.011(1)

16  and s. 24(b), Art. I of the State Constitution either until

17  the alleged violator requests in writing that such

18  investigation and associated records and meetings be made

19  public or until the commission determines, based on the

20  investigation, whether probable cause exists to believe that a

21  violation has occurred.

22         (8)  If the commission finds no probable cause to

23  believe that a violation of this section occurred, it shall

24  dismiss the complaint, whereupon the complaint, together with

25  a written statement of the findings of the investigation and a

26  summary of the facts, shall become a matter of public record,

27  and the commission shall send a copy of the complaint,

28  findings, and summary to the complainant and the alleged

29  violator.  If the commission finds probable cause to believe

30  that a violation occurred, it shall report the results of its

31  investigation to the Governor and Cabinet and send a copy of

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  1  the report to the alleged violator by certified mail.  Such

  2  notification and all documents made or received in the

  3  disposition of the complaint shall then become public records.

  4  Upon request submitted to the Governor and Cabinet in writing,

  5  any person whom the commission finds probable cause to believe

  6  has violated any provision of this section shall be entitled

  7  to a public hearing. Such person shall be deemed to have

  8  waived the right to a public hearing if the request is not

  9  received within 14 days following the mailing of the probable

10  cause notification. However, the Governor and Cabinet may on

11  its own motion require a public hearing and may conduct such

12  further investigation as it deems necessary.

13         (9)  If the Governor and Cabinet finds that a violation

14  occurred, it may reprimand the violator, censure the violator,

15  or prohibit the violator from lobbying all agencies for a

16  period not to exceed 2 years.

17         (10)  Any person, when in doubt about the applicability

18  and interpretation of this section to himself or herself in a

19  particular context, may submit in writing the facts of the

20  situation to the commission with a request for an advisory

21  opinion to establish the standard of duty.  An advisory

22  opinion shall be rendered by the commission and, until amended

23  or revoked, shall be binding on the conduct of the person who

24  sought the opinion, unless material facts were omitted or

25  misstated in the request.

26         (11)  Agencies shall be diligent to ascertain whether

27  persons required to register pursuant to this section have

28  complied.  An agency may not knowingly permit a person who is

29  not registered pursuant to this section to lobby the agency.

30

31

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  1         (12)  Upon discovery of violations of this section an

  2  agency or any person may file a sworn complaint with the

  3  commission.

  4         (13)  The commission shall adopt rules to administer

  5  this section, which shall prescribe forms for registration and

  6  expenditure reports, procedures for registration, and

  7  procedures that will prevent disclosure of information that is

  8  confidential as provided in this section.

  9         Section 11.  Subsection (9) of section 112.322, Florida

10  Statutes, is repealed.

11         Section 12.  Subsection (6) of section 213.053, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         213.053  Confidentiality and information sharing.--

14         (6)  Any information received by the Department of

15  Revenue in connection with the administration of taxes,

16  including, but not limited to, information contained in

17  returns, reports, accounts, or declarations filed by persons

18  subject to tax, shall be made available by the department to

19  the Auditor General or his or her authorized agent, the

20  Comptroller or his or her authorized agent, the Insurance

21  Commissioner or his or her authorized agent, the Treasurer or

22  his or her authorized agent, the Commission on Ethics or its

23  authorized agent, or a property appraiser or tax collector or

24  their authorized agents pursuant to s. 195.084(1), in the

25  performance of their official duties, or to designated

26  employees of the Department of Education solely for

27  determination of each school district's price level index

28  pursuant to s. 236.081(2); however, no information shall be

29  disclosed to the Auditor General or his or her authorized

30  agent, the Comptroller or his or her authorized agent, the

31  Insurance Commissioner or his or her authorized agent, the

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  1  Treasurer or his or her authorized agent, the Commission on

  2  Ethics or its authorized agent, or to a property appraiser or

  3  tax collector or their authorized agents, or to designated

  4  employees of the Department of Education if such disclosure is

  5  prohibited by federal law.  The Auditor General or his or her

  6  authorized agent, the Comptroller or his or her authorized

  7  agent, the Treasurer or his or her authorized agent, the

  8  Commission on Ethics or its authorized agent, and the property

  9  appraiser or tax collector and their authorized agents, or

10  designated employees of the Department of Education shall be

11  subject to the same requirements of confidentiality and the

12  same penalties for violation of the requirements as the

13  department.  For the purpose of this subsection, "designated

14  employees of the Department of Education" means only those

15  employees directly responsible for calculation of price level

16  indices pursuant to s. 236.081(2).  It does not include the

17  supervisors of such employees or any other employees or

18  elected officials within the Department of Education.

19         Section 13.  Subsection (6) of section 440.442, Florida

20  Statutes, is amended to read:

21         440.442  Code of Judicial Conduct.--The Chief Judge,

22  and judges of compensation claims shall observe and abide by

23  the Code of Judicial Conduct as provided in this section. Any

24  material violation of a provision of the Code of Judicial

25  Conduct shall constitute either malfeasance or misfeasance in

26  office and shall be grounds for suspension and removal of such

27  Chief Judge, or judge of compensation claims by the Governor.

28         (6)  FISCAL MATTERS OF JUDGES.--Fiscal matters of a

29  judge should be conducted in a manner that will not give the

30  appearance of influence or impropriety. A judge should

31

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  1  regularly file public reports as required by s. 8, Art. II of

  2  the State Constitution, and should publicly report gifts.

  3         (a)  Compensation for quasi-judicial and extrajudicial

  4  services and reimbursement of expenses.--A judge may receive

  5  compensation and reimbursement of expenses for the

  6  quasi-judicial and extrajudicial activities permitted by this

  7  section, if the source of such payments does not give the

  8  appearance of influencing the judge in his or her judicial

  9  duties or otherwise give the impression of impropriety subject

10  to the following restrictions:

11         1.  Compensation:  Compensation should not exceed a

12  reasonable amount nor should it exceed what a person who is

13  not a judge would receive for the same activity.

14         2.  Expense reimbursement:  Expense reimbursement

15  should be limited to the actual cost of travel, food, and

16  lodging reasonably incurred by the judge and, where

17  appropriate to the occasion, to his or her spouse. Any payment

18  in excess of such an amount is compensation.

19         (b)  Public financial reporting.--

20         1.  Income and assets:  A judge shall file such public

21  reports as may be required by law for all public officials to

22  comply fully with the provisions of s. 8, Art. II of the State

23  Constitution. The form for public financial disclosure shall

24  be that recommended or adopted by the Florida Commission on

25  Ethics for use by all public officials. The form shall be

26  filed in the office of the Commission on Ethics Secretary of

27  State on the date prescribed by law.

28         2.  Gifts:  A judge shall file a public report of all

29  gifts which are required to be disclosed under Canon 5D(5)(h)

30  s. 112 [Canon 5C(4)(c) of the Code of Judicial Conduct]. The

31  report of gifts received in the preceding calendar year shall

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  1  be filed in the office of the Commission on Ethics Secretary

  2  of State on or before July 1 of each year.

  3         Section 14.  Sections 839.08, 839.09, 839.091, and

  4  839.10, Florida Statutes, are repealed.

  5         Section 15.  Subsections (7), (8), (12), (15), and (16)

  6  of section 112.313, Florida Statutes, are amended to read:

  7         112.313  Standards of conduct for public officers,

  8  employees of agencies, and local government attorneys.--

  9         (7)  CONFLICTING EMPLOYMENT OR CONTRACTUAL

10  RELATIONSHIP.--

11         (a)  No public officer or employee of an agency shall

12  have or hold any employment or contractual relationship

13  directly, or indirectly through ownership of a majority

14  interest in a business entity, with any business entity or any

15  agency which is subject to the regulation of, or is doing

16  business with, an agency of which he or she is an officer or

17  employee, excluding those organizations and their officers

18  who, when acting in their official capacity, enter into or

19  negotiate a collective bargaining contract with the state or

20  any municipality, county, or other political subdivision of

21  the state; nor shall an officer or employee of an agency have

22  or hold any employment or contractual relationship that will

23  create a continuing or frequently recurring conflict between

24  his or her private interests and the performance of his or her

25  public duties or that would impede the full and faithful

26  discharge of his or her public duties.

27         1.  When the agency referred to is that certain kind of

28  special tax district created by general or special law and is

29  limited specifically to constructing, maintaining, managing,

30  and financing improvements in the land area over which the

31  agency has jurisdiction, or when the agency has been organized

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  1  pursuant to chapter 298, then employment with, or entering

  2  into a contractual relationship with, such business entity by

  3  a public officer or employee of such agency shall not be

  4  prohibited by this subsection or be deemed a conflict per se.

  5  However, conduct by such officer or employee that is

  6  prohibited by, or otherwise frustrates the intent of, this

  7  section shall be deemed a conflict of interest in violation of

  8  the standards of conduct set forth by this section.

  9         2.  When the agency referred to is a legislative body

10  and the regulatory power over the business entity resides in

11  another agency, or when the regulatory power which the

12  legislative body exercises over the business entity or agency

13  is strictly through the enactment of laws or ordinances, then

14  employment or a contractual relationship with such business

15  entity by a public officer or employee of a legislative body

16  shall not be prohibited by this subsection or be deemed a

17  conflict.

18         (b)  This subsection shall not prohibit a public

19  officer or employee from practicing in a particular profession

20  or occupation when such practice by persons holding such

21  public office or employment is required or permitted by law or

22  ordinance.

23         (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No

24  current or former public officer, employee of an agency, or

25  local government attorney shall disclose or use information

26  not available to members of the general public and gained by

27  reason of his or her official position, except for information

28  relating exclusively to governmental practices or procedures,

29  for his or her personal gain or benefit or for the personal

30  gain or benefit of any other person or business entity.

31

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  1         (12)  EXEMPTION.--The requirements of subsections (3)

  2  and (7) as they pertain to persons serving on advisory boards

  3  may be waived in a particular instance by the body which

  4  appointed the person to the advisory board, upon a full

  5  disclosure of the transaction or relationship to the

  6  appointing body prior to the waiver and an affirmative vote in

  7  favor of waiver by two-thirds vote of that body.  In instances

  8  in which appointment to the advisory board is made by an

  9  individual, waiver may be effected, after public hearing, by a

10  determination by the appointing person and full disclosure of

11  the transaction or relationship by the appointee to the

12  appointing person.  In addition, no person shall be held in

13  violation of subsection (3) or subsection (7) if:

14         (a)  Within a city or county the business is transacted

15  under a rotation system whereby the business transactions are

16  rotated among all qualified suppliers of the goods or services

17  within the city or county.

18         (b)  The business is awarded by the agency under a

19  system of sealed, competitive bidding to the lowest or best

20  bidder and:

21         1.  The official or the official's spouse or child has

22  in no way participated in the determination of the bid

23  specifications or the determination of the lowest or best

24  bidder;

25         2.  The official or the official's spouse or child has

26  in no way used or attempted to use the official's influence to

27  persuade the agency or any personnel thereof to enter such a

28  contract other than by the mere submission of the bid; and

29         3.  The official, prior to or at the time of the

30  submission of the bid, has filed a statement with the

31  Commission on Ethics Department of State, if the official is a

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  1  state officer or employee, or with the supervisor of elections

  2  of the county in which the agency has its principal office, if

  3  the official is an officer or employee of a political

  4  subdivision, disclosing the official's interest, or the

  5  interest of the official's spouse or child, and the nature of

  6  the intended business.

  7         (c)  The purchase or sale by the agency is for legal

  8  advertising in a newspaper, for any utilities service, or for

  9  passage on a common carrier.

10         (d)  An emergency purchase or contract which would

11  otherwise violate a provision of subsection (3) or subsection

12  (7) must be made by the agency in order to protect the health,

13  safety, or welfare of the citizens of the state or any

14  political subdivision thereof.

15         (e)  The business entity involved is the only source of

16  supply of the goods, property, or services being purchased by

17  the agency within the political subdivision of the officer or

18  employee and there is full disclosure by the officer or

19  employee of his or her interest in the business entity to the

20  governing body of the political subdivision prior to the

21  purchase, rental, sale, leasing, or other business being

22  transacted.

23         (f)  The total amount of the transactions in the

24  aggregate between the business entity and the agency does not

25  exceed $500 per calendar year.

26         (g)  The fact that a county or municipal officer or

27  member or employee of a public board or body, including a

28  district school officer or an officer of any district within a

29  county, is a stockholder, officer, or director of a bank will

30  not bar such bank from qualifying as a depository of funds

31  coming under the jurisdiction of any such public board or

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  1  body, provided it appears in the records of the agency that

  2  the governing body of the agency has investigated and formally

  3  determined that such officer or member or employee of a public

  4  board or body has not favored such bank over other qualified

  5  banks.

  6         (h)  The transaction is made pursuant to s. 240.229 or

  7  s. 240.241 and is specifically approved by the president and

  8  the Chancellor.  The Chancellor shall submit to the Governor

  9  and the Legislature by March 1 of each year a report of the

10  transactions approved pursuant to this paragraph during the

11  preceding year.

12         (i)  The public officer or employee purchases in a

13  private capacity goods or services, at a price and upon terms

14  available to similarly situated members of the general public,

15  from a business entity which is doing business with his or her

16  agency goods or services that are regularly provided by the

17  business entity to the general public.

18         (j)  The public officer or employee in a private

19  capacity purchases goods or services from a business entity

20  which is subject to the regulation of his or her agency and:

21         1.  The price and terms of the transaction are

22  available to similarly situated members of the general public;

23  and

24         2.  The officer or employee makes full disclosure of

25  the relationship to the agency head or governing body prior to

26  the transaction.

27         (15)  ADDITIONAL EXEMPTION.--No elected public officer

28  shall be held in violation of subsection (7) if the officer

29  maintains an employment relationship with an entity which is

30  currently a tax-exempt organization under s. 501(c) of the

31  Internal Revenue Code and which contracts with or otherwise

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  1  enters into a business relationship with the officer's agency

  2  and:

  3         (a)  The officer's employment is not directly or

  4  indirectly compensated as a result of such contract or

  5  business relationship;

  6         (b)  The officer has in no way participated in the

  7  agency's decision to contract or to enter into the business

  8  relationship with the entity his or her employer, whether by

  9  participating in discussion at the meeting, by communicating

10  with officers or employees of the agency, or otherwise, unless

11  the agency's decision preceded the entity's offer of

12  employment to the officer by more than 1 year; and

13         (c)  The officer abstains from voting on any matter

14  which may come before the agency involving the officer's

15  employer, publicly states to the assembly the nature of the

16  officer's interest in the matter from which he or she is

17  abstaining, and files a written memorandum as provided in s.

18  112.3143.

19         (16)  LOCAL GOVERNMENT ATTORNEYS.--

20         (a)  For the purposes of this section, "local

21  government attorney" means any individual who routinely serves

22  as the primary or principal attorney for a unit of local

23  government. The term shall not include any person who renders

24  legal services to a unit of local government pursuant to

25  contract limited to a specific issue or subject, to specific

26  litigation, or to a specific administrative proceeding or an

27  assistant to the primary or principal attorney for the unit of

28  local government. For the purposes of this section, "unit of

29  local government" includes, but is not limited to,

30  municipalities, counties, and special districts.

31

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  1         (b)  It shall not constitute a violation of subsection

  2  (3) or subsection (7) for a unit of local government to

  3  contract with a law firm, operating as either a partnership or

  4  a professional association, or in any combination thereof, or

  5  with a local government attorney who is a member of or is

  6  otherwise associated with the law firm, to provide any or all

  7  legal services to the unit of local government, so long as the

  8  local government attorney is not a full-time employee or

  9  member of the governing body of the unit of local government.

10  However, the standards of conduct as provided in subsections

11  (2), (4), (5), (6), and (8) shall apply to any person who

12  serves as a local government attorney.

13         (c)  No local government attorney or law firm in which

14  the local government attorney is a member, partner, or

15  employee shall represent a private individual or entity before

16  the unit of local government to which the local government

17  attorney provides legal services. A local government attorney

18  whose contract with the unit of local government does not

19  include provisions that authorize or mandate the use of the

20  law firm of the local government attorney to complete legal

21  services for the unit of local government shall not recommend

22  or otherwise refer legal work to that attorney's law firm to

23  be completed for the unit of local government.

24         Section 16.  Section 112.3232, Florida Statutes, is

25  created to read:

26         112.3232  Compelled testimony.--If any person called to

27  testify in a commission proceeding shall refuse to testify

28  because of a claim of possible self-incrimination, the

29  commission, after consultation with the appropriate state

30  attorney, may apply to the chief judge of the appropriate

31  judicial circuit for a judicial grant of immunity ordering the

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  1  testimony of such person notwithstanding his or her objection,

  2  but in such case no testimony or other information compelled

  3  under the order, or any information directly or indirectly

  4  derived from such testimony or other information, may be used

  5  against the witness in any criminal prosecution or commission

  6  proceeding.

  7         Section 17.  Subsections (1) and (2) of section

  8  112.324, Florida Statutes, are amended to read:

  9         112.324  Procedures on complaints of violations.--

10         (1)  Upon a written complaint executed on a form

11  prescribed by the commission and signed under oath or

12  affirmation by any person, or upon receipt of reliable and

13  publicly disseminated information which at least seven of the

14  members of the commission deem sufficient to indicate a breach

15  of the public trust, the commission shall investigate any

16  alleged violation of this part or any other alleged breach of

17  the public trust within the jurisdiction of the commission as

18  provided in s. 8(f), Art. II of the State Constitution in

19  accordance with procedures set forth herein. Within 5 days

20  after receipt of a complaint by the commission or after

21  determination by the commission that information received is

22  deemed sufficient, a copy shall be transmitted to the alleged

23  violator.  All proceedings, the complaint, and other records

24  relating to the preliminary investigation as provided herein,

25  or as provided by a Commission on Ethics and Public Trust

26  established by any county defined in s. 125.011(1), shall be

27  confidential and exempt from the provisions of s. 119.07(1),

28  and s. 24(a), Art. I of the State Constitution, either until

29  the alleged violator requests in writing that such

30  investigation and records be made public records or the

31  preliminary investigation is completed, notwithstanding any

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  1  provision of chapter 120 or s. 286.011 and s. 24(b), Art. I of

  2  the State Constitution.  In no event shall a complaint under

  3  this part against a candidate in any general, special, or

  4  primary election be filed or any intention of filing such a

  5  complaint be disclosed on the day of any such election or

  6  within the 5 days immediately preceding the date of the

  7  election. The confidentiality provisions of this subsection

  8  are is repealed October 2, 2002, and must be reviewed by the

  9  Legislature before that date in accordance with s. 119.15, the

10  Open Government Sunset Review Act of 1995.

11         (2)  A preliminary investigation shall be undertaken by

12  the commission of each legally sufficient complaint over which

13  the commission has jurisdiction to determine whether there is

14  probable cause to believe that a violation has occurred. If,

15  upon completion of the preliminary investigation, the

16  commission finds no probable cause to believe that this part

17  has been violated or that any other breach of the public trust

18  has been committed, the commission shall dismiss the complaint

19  or proceeding with the issuance of a public report to the

20  complainant and the alleged violator, stating with

21  particularity its reasons for dismissal of the complaint.  At

22  that time, the complaint, the proceeding, and all materials

23  relating to the complaint and proceeding shall become a matter

24  of public record. If the commission finds from the preliminary

25  investigation probable cause to believe that this part has

26  been violated or that any other breach of the public trust has

27  been committed, it shall so notify the complainant and the

28  alleged violator in writing.  Such notification and all

29  documents made or received in the disposition of the complaint

30  or proceeding shall then become public records. Upon request

31  submitted to the commission in writing, any person who the

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  1  commission finds probable cause to believe has violated any

  2  provision of this part or has committed any other breach of

  3  the public trust shall be entitled to a public hearing.  Such

  4  person shall be deemed to have waived the right to a public

  5  hearing if the request is not received within 14 days

  6  following the mailing of the probable cause notification

  7  required by this subsection. However, the commission may on

  8  its own motion, require a public hearing, may conduct such

  9  further investigation as it deems necessary, and may enter

10  into such stipulations and settlements as it finds to be just

11  and in the best interest of the State.  The commission is

12  without jurisdiction to, and no respondent may voluntarily or

13  involuntarily, enter into a stipulation or settlement which

14  imposes any penalty, including, but not limited to, a sanction

15  or admonition or any other penalty contained in s. 112.317.

16  Penalties shall be imposed only by the appropriate

17  disciplinary authority as designated in this section.

18         Section 18.  Subsection (1) of section 112.317, Florida

19  Statutes, is amended to read:

20         112.317  Penalties.--

21         (1)  Violation of any provision of this part,

22  including, but not limited to, any failure to file any

23  disclosures required by this part or violation of any standard

24  of conduct imposed by this part, or violation of any provision

25  of s. 8, Art. II of the State Constitution, in addition to any

26  criminal penalty or other civil penalty involved, shall,

27  pursuant to applicable constitutional and statutory

28  procedures, constitute grounds for, and may be punished by,

29  one or more of the following:

30         (a)  In the case of a public officer:

31         1.  Impeachment.

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  1         2.  Removal from office.

  2         3.  Suspension from office.

  3         4.  Public censure and reprimand.

  4         5.  Forfeiture of no more than one-third salary per

  5  month for no more than 12 months.

  6         6.  A civil penalty not to exceed $10,000.

  7         7.  Restitution of any pecuniary benefits received

  8  because of the violation committed. The commission may

  9  recommend that the restitution penalty be paid to the agency

10  of which the public officer was a member or to the General

11  Revenue Fund of the state.

12         (b)  In the case of an employee or a person designated

13  as a public officer by this part who otherwise would be deemed

14  to be an employee:

15         1.  Dismissal from employment.

16         2.  Suspension from employment for not more than 90

17  days without pay.

18         3.  Demotion.

19         4.  Reduction in salary level.

20         5.  Forfeiture of no more than one-third salary per

21  month for no more than 12 months.

22         6.  A civil penalty not to exceed $10,000.

23         7.  Restitution of any pecuniary benefits received

24  because of the violation committed. The commission may

25  recommend that the restitution penalty be paid to the agency

26  by which such employee was employed or by which such officer

27  was deemed to be an employee or to the General Revenue Fund of

28  the state.

29         8.  Public censure and reprimand.

30

31

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  1         (c)  In the case of a candidate who violates the

  2  provisions of this part or s. 8(a) and (h), Art. II of the

  3  State Constitution:

  4         1.  Disqualification from being on the ballot.

  5         2.  Public censure.

  6         3.  Reprimand.

  7         4.  A civil penalty not to exceed $10,000.

  8         (d)  In the case of a former public officer or employee

  9  who has violated a provision applicable to former officers or

10  employees or whose violation occurred prior to such officer's

11  or employee's leaving public office or employment:

12         1.  Public censure and reprimand.

13         2.  A civil penalty not to exceed $10,000.

14         3.  Restitution of any pecuniary benefits received

15  because of the violation committed. The commission may

16  recommend that the restitution penalty be paid to the agency

17  of such public officer or employee or the General Revenue Fund

18  of the state.

19         Section 19.  The sum of $193,950 is appropriated from

20  the General Revenue Fund to the Commission on Ethics to

21  administer the responsibilities imposed by the act.

22         Section 20.  This act shall take effect January 1,

23  2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 304

  3

  4  The Committee Substitute for Committee Substitute differs from
    the original bill in that it: modifies the method for
  5  valuation of gifts from actual cost to the donor to fair
    market value; modifies the gift law by authorizing a reporting
  6  individual to accept a gift of an admission ticket and deduct
    the portion of the ticket which represents a charitable
  7  contribution regardless of whether the donor is a charitable
    organization or any individual; modifies the gift law by
  8  adding the Technological Research and Development Authority to
    the current list of governmental entities that can give a gift
  9  over $100 to a reporting individual if a public purpose can be
    shown for the gift.
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