Senate Bill 0368c2

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    Florida Senate - 2000                     CS for CS for SB 368

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




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  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. 112.313, F.S.;

  5         extending the prohibition against the use of

  6         certain confidential public information to

  7         former officers, employees, and local

  8         government attorneys; expanding the scope of

  9         post-employment lobbying restriction applicable

10         to elected local officers; amending s.

11         112.3144, F.S.; transferring filing

12         administration from the Secretary of State to

13         the Commission on Ethics; modifying the filing

14         location for officers from the Secretary of

15         State to the commission; establishing an

16         automatic fine system for delinquent filers and

17         nonfilers; requiring former officers and

18         employees to file a final disclosure of

19         financial interests no later than 60 days

20         following departure, with certain exceptions;

21         requiring the Commission on Ethics to adopt

22         rules and forms relating to filing amended full

23         and public disclosure of financial interests;

24         amending s. 112.3145, F.S.; redefining the term

25         "local officer"; revising the reporting

26         requirements for limited statutory disclosure

27         of financial interests; transferring filing

28         administration from the Secretary of State to

29         the Commission on Ethics; modifying the filing

30         location for state officers and specified state

31         employees from the Secretary of State to the

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  1         commission; modifying certification

  2         requirements of supervisors of elections with

  3         regard to delinquent filers and nonfilers;

  4         establishing an automatic fine system for

  5         delinquent filers and nonfilers; requiring

  6         former officers and employees to file a final

  7         statement of financial interests within 60 days

  8         after leaving office or employment, with

  9         certain exceptions; modifying reporting dates

10         for filing quarterly reports of the names of

11         clients represented before certain agencies for

12         a fee; requiring the Commission on Ethics to

13         adopt rules and forms relating to amended

14         financial disclosure filings; amending s.

15         112.3148, F.S.; redefining the term "reporting

16         individual"; establishing a reimbursement

17         deadline with regard to the valuation of gifts

18         received by reporting individuals; clarifying

19         that the gifts law applies to candidates;

20         extending the gifts law to include

21         nonincumbents elected to office for the period

22         immediately following election but before

23         officially taking office; transferring the

24         filing administration for gift disclosure from

25         the Secretary of State to the Commission on

26         Ethics; authorizing the Technological Research

27         and Development Authority to make certain gifts

28         under certain circumstances; amending s.

29         112.3149, F.S.; transferring filing

30         administration for honoraria disclosure from

31         the Department of State to the Commission on

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  1         Ethics; amending s. 112.317, F.S.; authorizing

  2         the Commission on Ethics to recommend how

  3         restitution may be paid; entitling the Attorney

  4         General to reimbursement of fees and costs

  5         associated with collecting civil and

  6         restitution penalties imposed for ethics

  7         violations; removing a criminal penalty related

  8         to the disclosure of confidential information

  9         brought before the commission; amending s.

10         112.3185, F.S.; creating a post-employment

11         restriction for certain agency employees;

12         amending s. 112.324, F.S.; authorizing the

13         Commission on Ethics to investigate potential

14         ethics violations on its own authority under

15         certain circumstances; clarifying that the

16         proper sanction authority in the case of a

17         current state legislator who commits an act in

18         violation of the Ethics Code prior to joining

19         the Legislature is vested in the house in which

20         the legislator serves; amending s. 914.21,

21         F.S.; redefining the terms "official

22         proceeding" and "official investigation";

23         extending the witness-tampering laws to include

24         Commission on Ethics investigations and

25         proceedings; repealing s. 112.322(9), F.S.,

26         which requires the Commission on Ethics to

27         report certain delinquent financial disclosure

28         filers to the Department of Community Affairs;

29         amending s. 440.442, F.S.; transferring the

30         filing location for public financial reporting

31         by judges of compensation claims from the

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  1         Secretary of State to the Commission on Ethics;

  2         clarifying that the Code of Judicial Conduct

  3         governs the reporting of gifts for judges of

  4         compensation claims; repealing ss. 839.08,

  5         839.09, 839.091, and 839.10, F.S., which

  6         provide criminal penalties for offenses by

  7         public officers and employees relating to the

  8         purchase of supplies or materials and the

  9         bidding for public work; creating s. 112.3232,

10         F.S.; authorizing the Commission on Ethics to

11         seek immunity for certain witnesses; creating

12         s. 112.31905, F.S.; mandating educational

13         requirements for elected public officials;

14         amending s. 112.322, F.S.; authorizing the

15         Commission on Ethics to develop and disseminate

16         ethics training materials and programs;

17         amending s. 112.3147, F.S.; authorizing the

18         Commission on Ethics to prescribe forms

19         relating to the public official education

20         requirements; appropriating funds to the

21         Commission on Ethics; providing an effective

22         date.

23

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

25

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

27  112.312, Florida Statutes, are amended to read:

28         112.312  Definitions.--As used in this part and for

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

30  Constitution, unless the context otherwise requires:

31

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

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

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

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

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

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

  7  consideration is not given within 90 days, including:

  8         1.  Real property.

  9         2.  The use of real property.

10         3.  Tangible or intangible personal property.

11         4.  The use of tangible or intangible personal

12  property.

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

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

15  is not either a government rate available to all other

16  similarly situated government employees or officials or a rate

17  which is available to similarly situated members of the public

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

19  national origin.

20         6.  Forgiveness of an indebtedness.

21         7.  Transportation, other than that provided to a

22  public officer or employee by an agency in relation to

23  officially approved governmental business, lodging, or

24  parking.

25         8.  Food or beverage.

26         9.  Membership dues.

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

28  events, performances, or facilities.

29         11.  Plants, flowers, or floral arrangements.

30         12.  Services provided by persons pursuant to a

31  professional license or certificate.

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  1         13.  Other personal services for which a fee is

  2  normally charged by the person providing the services.

  3         14.  Any other similar service or thing having an

  4  attributable value not already provided for in this section.

  5         (b)  "Gift" does not include:

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

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

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

  9  a corporation or organization.

10         2.  Contributions or expenditures reported pursuant to

11  chapter 106, campaign-related personal services provided

12  without compensation by individuals volunteering their time,

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

14         3.  An honorarium or an expense related to an

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

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

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

18  civic, charitable, or professional service.

19         5.  An honorary membership in a service or fraternal

20  organization presented merely as a courtesy by such

21  organization.

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

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

24         7.  Transportation provided to a public officer or

25  employee by an agency in relation to officially approved

26  governmental business.

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

28  regional, or national organization which promotes the exchange

29  of ideas between, or the professional development of,

30  governmental officials or employees, and whose membership is

31  primarily composed of elected or appointed public officials or

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

  2  of a governmental agency that is a member of that

  3  organization.

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

  5  personal property" means property as defined in s.

  6  192.001(11)(b).

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

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

  9  provide something of value unless the promise is in writing

10  and enforceable through the courts.

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

12  owed by the reporting person to another person, entity, or

13  governmental entity, except for credit card and retail

14  installment accounts, taxes owed unless reduced to a judgment,

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

16  issuance, contingent liabilities, or accrued income taxes on

17  net unrealized appreciation.  Each liability which is required

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

19  shall identify the name and address of the creditor.

20         Section 2.  Subsections (8) and (14) of section

21  112.313, Florida Statutes, are amended to read:

22         112.313  Standards of conduct for public officers,

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

24         (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--A

25  current or former No public officer, employee of an agency, or

26  local government attorney may not shall disclose or use

27  information unavailable not available to members of the

28  general public and gained by reason of his or her official

29  position, except for information relating exclusively to

30  governmental practices or procedures, for his or her personal

31

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  1  gain or benefit or for the personal gain or benefit of any

  2  other person or business entity.

  3         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

  4  PROHIBITION.--A person who has been elected to any county,

  5  municipal, special district, or school district office may not

  6  personally represent another person or entity for compensation

  7  before the government governing body or agency of which the

  8  person was an officer for a period of 2 years after vacating

  9  that office. The provisions of this subsection shall not apply

10  to elected officers holding office as of October 1, 1992,

11  until after their next election, and shall not apply to

12  elected officers of school districts holding office on January

13  1, 1995, until after their next election.

14         Section 3.  Section 112.3144, Florida Statutes, is

15  amended to read:

16         112.3144  Full and public disclosure of financial

17  interests.--

18         (1)  A person who is required, pursuant to s. 8, Art.

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

20  disclosure of financial interests for any calendar or fiscal

21  year shall file the disclosure with the Florida Commission on

22  Ethics.

23         (2)(1)  A No person who is required, pursuant to s. 8,

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

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

26  public disclosure of financial interests for any calendar or

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

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

29  same year or for any part thereof notwithstanding any

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

31

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

  2  before whom he or she qualifies.

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

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

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

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

  7  lump sum and identified as "household goods and personal

  8  effects":

  9         (a)  Jewelry;

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

11  properties;

12         (c)  Art objects;

13         (d)  Household equipment and furnishings;

14         (e)  Clothing;

15         (f)  Other household items; and

16         (g)  Vehicles for personal use.

17         (4)(3)  Forms for compliance with the full and public

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

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

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

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

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

23  State, who shall give notice of disclosure deadlines and

24  delinquencies and distribute forms in the following manner:

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

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

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

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

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

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

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

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  1  government in providing at the request of the commission the

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

  3  official within the respective unit of government.

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

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

  6  form prescribed for compliance with full and public disclosure

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

  8  mailing list.

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

10  the commission Secretary of State shall determine which

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

12  public disclosure and shall send delinquency notices by

13  certified mail to such persons. Each notice must shall state

14  that a grace period is in effect until September 1 of the

15  current year and that, if the statement is not filed by

16  September 1 of the current year, a $25 fine for each day late

17  will be imposed, up to a maximum penalty of $1,500; and that,

18  if upon the filing of a sworn complaint the commission finds

19  that the person has failed to timely file the statement within

20  60 days after September 1 of the current year, such person

21  will also be subject to the penalties provided in s. 112.317

22  the Secretary of State is required by law to notify the

23  Commission on Ethics of the delinquency.

24         (d)  Statements must be filed not later than 5 p.m. of

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

26  United States Postal Service by midnight of the due date is

27  deemed to have been filed in a timely manner, and a

28  certificate of mailing obtained from and dated by the United

29  States Postal Service at the time of the mailing, or a receipt

30  from an established courier company which bears a date on or

31

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  1  before the due date, constitutes proof of mailing in a timely

  2  manner.

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

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

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

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

  7  failed to timely file full and public disclosure.  The

  8  certification shall be on a form prescribed by the commission

  9  and shall indicate whether the Secretary of State has provided

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

11  all persons named on the delinquency list.

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

13  disclosure of financial interests and whose name is on the

14  commission's mailing list but who fails to timely file is

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

16  maximum of $1,500; however this $1,500 limitation on automatic

17  fines does not limit the civil penalty that may be imposed if

18  the statement is filed more than 60 days after the deadline

19  and a complaint is filed, as provided in s. 112.324. The

20  commission must provide by rule the grounds for waiving the

21  fine and the procedures by which each person whose name is on

22  the mailing list and who is determined to have not filed in a

23  timely manner will be notified of assessed fines and may

24  appeal. The rule must provide for and make specific the

25  following:

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

27  earliest of the following:

28         a.  When a statement is actually received by the

29  office.

30         b.  When the statement is postmarked.

31         c.  When the certificate of mailing is dated.

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  1         d.  When the receipt from an established courier

  2  company is dated.

  3         2.  Upon receipt of the disclosure statement or upon

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

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

  6  and shall notify the delinquent person. The notice must

  7  include an explanation of the appeal procedure under

  8  subparagraph 3. Such fine must be paid within 30 days after

  9  the notice of payment due is transmitted, unless appeal is

10  made to the commission pursuant to subparagraph 3. The moneys

11  shall be deposited into the General Revenue Fund.

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

13  based upon unusual circumstances surrounding the failure to

14  file on the designated due date, and may request and is

15  entitled to a hearing before the commission, which may waive

16  the fine in whole or in part for good cause shown. Any such

17  request must be made within 30 days after the notice of

18  payment due is transmitted. In such a case, the reporting

19  person must, within the 30-day period, notify the person

20  designated to review the timeliness of reports in writing of

21  his or her intention to bring the matter before the

22  commission.

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

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

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

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

27  public disclosure is provided to the Secretary of State shall

28  not subject to the fines or penalties provided in this part be

29  deemed delinquent for failure to file full and public

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

31  nevertheless is required to file the disclosure statement.

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

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

  3  required of any person appointed to elective constitutional

  4  office or other position required to file full and public

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

  6  notification list and the person received notification from

  7  the commission.  The appointing official shall notify such

  8  newly appointed person of the obligation to file full and

  9  public disclosure by July 1. The notification requirements and

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

11  provided for in subsection (5).

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

13  fine imposed under this subsection which is not waived by

14  final order of the commission and which remains unpaid more

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

16  days after the commission renders a final order on the appeal

17  must be submitted to the Department of Banking and Finance as

18  a claim, debt, or other obligation owed to the state, and the

19  department shall assign the collection of such fine to a

20  collection agent as provided in s. 17.20.

21         (5)  Each person required to file full and public

22  disclosure of financial interests shall file a final

23  disclosure statement within 60 days after leaving his or her

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

25  in which the person leaves and the last day of office or

26  employment, unless within the 60-day period the person takes

27  another public position requiring financial disclosure under

28  s. 8 of Art. II of the State Constitution, or is otherwise

29  required to file full and public disclosure for the final

30  disclosure period. The head of the agency of each person

31  required to file full and public disclosure for the final

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  1  disclosure period shall notify such persons of their

  2  obligation to file the final disclosure and may designate a

  3  person to be responsible for the notification requirements of

  4  this subsection.

  5         (6)  The commission shall adopt rules and forms

  6  specifying how a person who is required to file full and

  7  public disclosure of financial interests may amend his or her

  8  disclosure statement to report information that was not

  9  included on the form as originally filed. If the amendment is

10  the subject of a complaint filed under this part, the

11  commission and the proper disciplinary official or body shall

12  consider as a mitigating factor when considering appropriate

13  disciplinary action the fact that the amendment was filed

14  before any complaint or other inquiry or proceeding, while

15  recognizing that the public was deprived of access to

16  information to which it was entitled.

17         Section 4.  Section 112.3145, Florida Statutes, is

18  amended to read:

19         112.3145  Disclosure of financial interests and clients

20  represented before agencies.--

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

22  otherwise requires, the term:

23         (a)  "Local officer" means:

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

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

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

27  elective office.

28         2.  Any appointed member of any of the following

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

30  any county, municipality, school district, independent special

31  district, or other political subdivision of the state:

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

  2  appointed;

  3         b.  An expressway authority or transportation authority

  4  established by general law;

  5         c.  A community college or junior college district

  6  board of trustees;

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

  8  provisions;

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

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

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

12  the political subdivision, except for citizen advisory

13  committees, technical coordinating committees, and such other

14  groups who only have the power to make recommendations to

15  planning or zoning boards;

16         f.  A pension board or retirement board having the

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

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

19  of a pension or other retirement benefit; or

20         g.  Any other appointed member of a local government

21  board who is required to file a statement of financial

22  interests by the appointing authority or the enabling

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

24  board; commission; authority, including any expressway

25  authority or transportation authority established by general

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

27  of any political subdivision of the state, excluding any

28  member of an advisory body. A governmental body with

29  land-planning, zoning, or natural resources responsibilities

30  shall not be considered an advisory body.

31

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

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

  3  employee of a county, municipality, or other political

  4  subdivision; county or municipal attorney; chief county or

  5  municipal building inspector; county or municipal water

  6  resources coordinator; county or municipal pollution control

  7  director; county or municipal environmental control director;

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

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

10  municipal clerk; district school superintendent; community

11  college president; district medical examiner; or purchasing

12  agent having the authority to make any purchase exceeding the

13  threshold amount provided for in s. 287.017 for CATEGORY ONE,

14  on behalf of any political subdivision of the state or any

15  entity thereof.

16         (b)  "Specified state employee" means:

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

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

19  state employee who serves as counsel or assistant counsel to

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

21  administrative law judge, or a hearing officer.

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

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

24  is exempt from the Career Service System, except persons

25  employed in clerical, secretarial, or similar positions.

26         3.  Each appointed secretary, assistant secretary,

27  deputy secretary, executive director, assistant executive

28  director, or deputy executive director of each state

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

30  provided, the division director, assistant division director,

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

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

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

  3         4.  The superintendent or institute director of a state

  4  mental health institute established for training and research

  5  in the mental health field or the superintendent or director

  6  of any major state institution or facility established for

  7  corrections, training, treatment, or rehabilitation.

  8         5.  Business managers, purchasing agents having the

  9  power to make any purchase exceeding the threshold amount

10  provided for in s. 287.017 for CATEGORY ONE, finance and

11  accounting directors, personnel officers, or grants

12  coordinators for any state agency.

13         6.  Any person, other than a legislative assistant

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

15  legislative assistant is employed, who is employed in the

16  legislative branch of government, except persons employed in

17  maintenance, clerical, secretarial, or similar positions.

18         7.  Each employee of the Commission on Ethics.

19         (c)  "State officer" means:

20         1.  Any elected public officer, excluding those elected

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

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

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

24  office.

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

26  authority, or council having statewide jurisdiction, excluding

27  a member of an advisory body.

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

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

30  president of a state university.

31

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

  2  state or local elective office shall file a statement of

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

  4  she files, qualifying papers.

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

  6  state employee shall file a statement of financial interests

  7  no later than July 1 of each year. Each state officer, local

  8  officer, and specified state employee shall file a final

  9  statement of financial interests within 60 days after leaving

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

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

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

13  takes another public position requiring financial disclosure

14  under this section or s. 8, Art. II of the State Constitution

15  or otherwise is required to file full and public disclosure or

16  a statement of financial interests for the final disclosure

17  period. Each state or local officer who is appointed and each

18  specified state employee who is employed shall file a

19  statement of financial interests within 30 days from the date

20  of appointment or, in the case of a specified state employee,

21  from the date on which the employment begins, except that any

22  person whose appointment is subject to confirmation by the

23  Senate shall file prior to confirmation hearings or within 30

24  days from the date of appointment, whichever comes first.

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

26  office, and specified state employees shall file their

27  statements of financial interests with the Commission on

28  Ethics Secretary of State. Local officers shall file their

29  statements of financial interests with the supervisor of

30  elections of the county in which they permanently reside.

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

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  1  the state shall file their statements of financial interests

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

  3  agency maintains its headquarters. Persons seeking to qualify

  4  as candidates for local public office shall file their

  5  statements of financial interests with the officer before whom

  6  they qualify.

  7         (3)  The statement of financial interests for state

  8  officers, specified state employees, local officers, and

  9  persons seeking to qualify as candidates for state or local

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

11  financial interests requiring disclosure, in which case the

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

13  statement of financial interests shall include, at the filer's

14  option, either:

15         (a)1.  All sources of income in excess of 5 percent of

16  the gross income received during the disclosure period by the

17  person in his or her own name or by any other person for his

18  or her use or benefit, excluding public salary. However, this

19  shall not be construed to require disclosure of a business

20  partner's sources of income.  The person reporting shall list

21  such sources in descending order of value with the largest

22  source first;.

23         2.(b)  All sources of income to a business entity in

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

25  in which the reporting person held a material interest and

26  from which he or she received an amount which was in excess of

27  10 percent of his or her gross income during the disclosure

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

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

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

31  end of the disclosure period of the person reporting;.

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  1         3.(c)  The location or description of real property in

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

  3  directly or indirectly by the person reporting, when such

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

  5  property, and a general description of any intangible personal

  6  property worth in excess of 10 percent of such person's total

  7  assets.  For the purposes of this paragraph, indirect

  8  ownership does not include ownership by a spouse or minor

  9  child; and.

10         4.(d)  Every individual liability that which in sum

11  equals more than the reporting person's net worth; or.

12         (b)1.  All sources of gross income in excess of $2,500

13  received during the disclosure period by the person in his or

14  her own name or by any other person for his or her use or

15  benefit, excluding public salary. However, this shall not be

16  construed to require disclosure of a business partner's

17  sources of income. The person reporting shall list such

18  sources in descending order of value with the largest source

19  first;

20         2.  All sources of income to a business entity in

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

22  in which the reporting person held a material interest and

23  from which he or she received gross income exceeding $5,000

24  during the disclosure period. The period for computing the

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

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

27  end of the disclosure period of the person reporting;

28         3.  The location or description of real property in

29  this state, except for residence and vacation homes, owned

30  directly or indirectly by the person reporting, when such

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

                                  20

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  1  property, and a general description of any intangible personal

  2  property worth in excess of $10,000. For the purpose of this

  3  paragraph, indirect ownership does not include ownership by a

  4  spouse or minor child; and

  5         4.  Every liability in excess of $10,000.

  6         (4)  Each elected constitutional officer, state

  7  officer, local officer, and specified state employee shall

  8  file a quarterly report of the names of clients represented

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

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

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

12  classified as state-level agencies or agencies below state

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

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

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

16  elected constitutional officer, and specified state employee

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

18  The report shall be filed only when a reportable

19  representation is made during the calendar quarter and shall

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

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

22  quarter.  Representation before any agency shall be deemed to

23  include representation by such officer or specified state

24  employee or by any partner or associate of the professional

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

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

27  term "representation before any agency" does not include

28  appearances before any court or Chief Judges of Compensation

29  Claims or judges of compensation claims or representations on

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

31  does not include the preparation and filing of forms and

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  1  applications merely for the purpose of obtaining or

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

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

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

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

  6  require substantial discretion, a variance, a special

  7  consideration, or a certificate of public convenience and

  8  necessity.

  9         (5)  Each elected constitutional officer and each

10  candidate for such office, any other public officer required

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

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

13  and each state officer, local officer, specified state

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

15  was during the disclosure period an officer, director,

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

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

18  disclosure period a material interest in, any business entity

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

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

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

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

23  address, and principal business activity of the business

24  entity and shall state the position held with such business

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

26  nature of that interest.

27         (6)  Forms for compliance with the disclosure

28  requirements of this section and a current list of persons

29  subject to disclosure shall be created provided by the

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

31  each supervisor of elections. The commission and each

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  1  supervisor of elections, who shall give notice of disclosure

  2  deadlines and delinquencies and distribute forms in the

  3  following manner:

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

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

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

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

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

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

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

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

12  or specified state employee within the respective unit of

13  government.

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

15  shall provide the Secretary of State with a current mailing

16  list of all state officers and specified employees and shall

17  provide each supervisor of elections with a current mailing

18  list of all local officers required to file with such

19  supervisor of elections.

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

21  the commission Secretary of State and each supervisor of

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

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

24  all applicable disclosure forms and filing deadlines to each

25  person required to file a statement of financial interests.

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

27  the commission Secretary of State and each supervisor of

28  elections shall determine which persons required to file a

29  statement of financial interests in their respective offices

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

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

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

  2  year; that no investigative or disciplinary action based upon

  3  the delinquency will be taken by the agency head or commission

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

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

  6  1 of the current year, a fine of $25 for each day late will be

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

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

  9  law to notify the commission on Ethics of the delinquency; and

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

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

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

13  person will also shall be subject to the penalties provided in

14  s. 112.317.

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

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

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

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

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

20  persons who have failed to timely file the required statements

21  of financial interests.  The certification must include the

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

23  certification shall be on a form prescribed by the commission

24  and shall indicate whether the supervisor of elections

25  respective certifying official has provided the disclosure

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

27  named on the delinquency list.

28         (e)  Statements must be filed not later than 5 p.m. of

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

30  United States Postal Service by midnight of the due date is

31  deemed to have been filed in a timely manner, and a

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  1  certificate of mailing obtained from and dated by the United

  2  States Postal Service at the time of the mailing, or a receipt

  3  from an established courier company which bears a date on or

  4  before the due date, constitutes proof of mailing in a timely

  5  manner.

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

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

  8  mailing list but who fails to timely file is assessed a fine

  9  of $25 per day for each day late up to a maximum of $1,500;

10  however, this $1,500 limitation on automatic fines does not

11  limit the civil penalty that may be imposed if the statement

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

13  is filed, as provided in s. 112.324. The commission must

14  provide by rule the grounds for waiving the fine and

15  procedures by which each person whose name is on the mailing

16  list and who is determined to have not filed in a timely

17  manner will be notified of assessed fines and may appeal. The

18  rule must provide for and make specific the following:

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

20  earliest of the following:

21         a.  When a statement is actually received by the

22  office.

23         b.  When the statement is postmarked.

24         c.  When the certificate of mailing is dated.

25         d.  When the receipt from an established courier

26  company is dated.

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

28  upon receipt of the disclosure statement by the commission or

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

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

31  certification from the local officer's supervisor of elections

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

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

  3  delinquent person. The notice must include an explanation of

  4  the appeal procedure under subparagraph 3. The fine must be

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

  6  transmitted, unless appeal is made to the commission pursuant

  7  to subparagraph 3. The moneys are to be deposited into the

  8  General Revenue Fund.

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

10  based upon unusual circumstances surrounding the failure to

11  file on the designated due date, and may request and is

12  entitled to a hearing before the commission, which may waive

13  the fine in whole or in part for good cause shown. Any such

14  request must be made within 30 days after the notice of

15  payment due is transmitted. In such a case, the reporting

16  person must, within the 30-day period, notify the person

17  designated to review the timeliness of reports in writing of

18  his or her intention to bring the matter before the

19  commission.

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

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

22  required to file an annual statement of financial interests

23  provided to the Secretary of State or supervisor of elections

24  is not subject to the penalties provided in s. 112.317 or the

25  fine provided in this section for failure to timely file a

26  statement of financial interests in any year in which the

27  omission occurred, but nevertheless is required to file the

28  disclosure statement.

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

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

31

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

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

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

  4  fine imposed under this subsection which is not waived by

  5  final order of the commission and which remains unpaid more

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

  7  days after the commission renders a final order on the appeal

  8  must be submitted to the Department of Banking and Finance as

  9  a claim, debt, or other obligation owed to the state, and the

10  department shall assign the collection of such a fine to a

11  collection agent as provided in s. 17.20.

12         (7)(a)  The appointing official or body shall notify

13  each newly appointed local officer, state officer, or

14  specified state employee, not later than the date of

15  appointment, of the officer's or employee's duty to comply

16  with the disclosure requirements of this section. The agency

17  head of each employing agency shall notify each newly employed

18  local officer or specified state employee, not later than the

19  day of employment, of the officer's or employee's duty to

20  comply with the disclosure requirements of this section. The

21  appointing official or body or employing agency head may

22  designate a person to be responsible for the notification

23  requirements of this paragraph section.

24         (b)  The agency head of the agency of each local

25  officer, state officer, or specified state employee who is

26  required to file a statement of financial interests for the

27  final disclosure period shall notify such persons of their

28  obligation to file the final disclosure and may designate a

29  person to be responsible for the notification requirements of

30  this paragraph.

31

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

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

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

  4  notwithstanding any requirement of this act, except that any

  5  public officer who qualifies as a candidate for public office

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

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

  8  qualification.

  9         (9)  The commission shall adopt rules and forms

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

11  state employee may amend his or her statement of financial

12  interests to report information that was not included on the

13  form as originally filed. If the amendment is the subject of a

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

15  disciplinary official or body shall consider as a mitigating

16  factor when considering appropriate disciplinary action the

17  fact that the amendment was filed before any complaint or

18  other inquiry or proceeding, while recognizing that the public

19  was deprived of access to information to which it was

20  entitled.

21         Section 5.  Section 112.3148, Florida Statutes, is

22  amended to read:

23         112.3148  Reporting and prohibited receipt of gifts by

24  individuals filing full or limited public disclosure of

25  financial interests and by procurement employees.--

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

27  gifts solicited or accepted by a reporting individual or

28  procurement employee from a relative.

29         (2)  As used in this section:

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

31  child, or sibling.

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

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

  3  to influence the governmental decisionmaking of a reporting

  4  individual or procurement employee or his or her agency or

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

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

  7  recommendation by the reporting individual or procurement

  8  employee or his or her agency.

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

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

11  seeking to influence decisionmaking or to encourage the

12  passage, defeat, or modification of any proposal or

13  recommendation by such agency or an employee or official of

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

15  required to be registered as a lobbyist in accordance with

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

17  12 months required to be registered as a lobbyist in

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

19  such a registration system must require the registration of,

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

21  same activities as require registration to lobby the

22  Legislature pursuant to s. 11.045.

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

24  associations, joint ventures, partnerships, estates, trusts,

25  business trusts, syndicates, fiduciaries, corporations, and

26  all other groups or combinations.

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

28  including a candidate upon qualifying, who is required by law,

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

30  112.3145, to file full or limited public disclosure of his or

31  her financial interests or any individual who has been elected

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  1  to, but has yet to officially assume the responsibilities of,

  2  public office. For purposes of implementing this section, the

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

  4  employee in public service is the agency to which the

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

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

  7  which the individual has been elected to serve.

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

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

10  executive branch or judicial branch of state government who

11  participates through decision, approval, disapproval,

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

13  influencing the content of any specification or procurement

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

15  in any other advisory capacity in the procurement of

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

17  if the cost of such services or commodities exceeds $1,000 in

18  any year.

19         (3)  A reporting individual or procurement employee is

20  prohibited from soliciting any gift from a political committee

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

22  106.011, or from a lobbyist who lobbies the reporting

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

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

25  is for the personal benefit of the reporting individual or

26  procurement employee, another reporting individual or

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

28  a reporting individual or procurement employee.

29         (4)  A reporting individual or procurement employee or

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

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

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  1  political committee or committee of continuous existence, as

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

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

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

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

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

  7  $100; however, such a gift may be accepted by such person on

  8  behalf of a governmental entity or a charitable organization.

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

10  charitable organization, the person receiving the gift shall

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

12  that reasonably necessary to arrange for the transfer of

13  custody and ownership of the gift.

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

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

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

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

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

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

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

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

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

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

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

25  the gift is intended to be transferred to a governmental

26  entity or a charitable organization.

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

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

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

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

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

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  1  governmental entity or charitable organization, must file a

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

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

  4  The report shall be filed with the Commission on Ethics

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

  6  individuals of the legislative branch, in which case the

  7  report shall be filed with the Division of Legislative

  8  Information Services in the Office of Legislative Services.

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

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

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

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

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

14  subsection, the donor must notify the intended recipient at

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

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

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

18  person or entity.

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

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

21  department or commission of the executive branch, a water

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

23  Commuter Rail Authority, the Technological Research and

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

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

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

27  reporting individual or procurement employee if a public

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

29  organization specifically authorized by law to support a

30  governmental entity may give such a gift to a reporting

31

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  1  individual or procurement employee who is an officer or

  2  employee of such governmental entity.

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

  4  a reporting individual or procurement employee may accept a

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

  6  legislative or judicial branch, a department or commission of

  7  the executive branch, a water management district created

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

  9  the Technological Research and Development Authority, a

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

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

12  reporting individual or procurement employee who is an officer

13  or employee of a governmental entity supported by a

14  direct-support organization specifically authorized by law to

15  support such governmental entity may accept such a gift from

16  such direct-support organization.

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

18  governmental entity or direct-support organization

19  specifically authorized by law to support a governmental

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

21  procurement employee under paragraph (a) shall provide the

22  reporting individual or procurement employee with a statement

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

24  reporting individual or procurement employee by the

25  governmental entity or direct-support organization during the

26  preceding calendar year.  Such report shall contain a

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

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

29  governmental entity or direct-support organization to the

30  reporting individual or procurement employee during the

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

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  1  entity may provide a single report to the reporting individual

  2  or procurement employee of gifts provided by the governmental

  3  entity and any direct-support organization specifically

  4  authorized by law to support such governmental entity.

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

  6  individual or procurement employee shall file a statement

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

  8  the reporting individual or procurement employee, either

  9  directly or indirectly, from a governmental entity or a

10  direct-support organization specifically authorized by law to

11  support a governmental entity.  The statement shall list the

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

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

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

15  which the report is made.  The reporting individual or

16  procurement employee shall attach to such statement any report

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

18  report shall become a public record when filed with the

19  statement of the reporting individual or procurement employee.

20  The reporting individual or procurement employee may explain

21  any differences between the report of the reporting individual

22  or procurement employee and the attached reports.  The annual

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

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

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

26  the reporting individual.  The annual report filed by a

27  procurement employee shall be filed with the Commission on

28  Ethics Department of State.

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

30  individual or procurement employee shall be its fair market

31  value determined using actual cost to the donor, less taxes

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  1  and gratuities, except as otherwise provided in this

  2  subsection, and, with respect to personal services provided by

  3  the donor, the reasonable and customary charge regularly

  4  charged for such service in the community in which the service

  5  is provided shall be used.  If additional expenses are

  6  required as a condition precedent to eligibility of the donor

  7  to purchase or provide a gift and such expenses are primarily

  8  for the benefit of the donor or are of a charitable nature,

  9  such expenses shall not be included in determining the value

10  of the gift.

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

12  if provided within 90 days after receipt of the gift, shall be

13  deducted from the value of the gift in determining the value

14  of the gift.

15         (c)  If the actual gift value attributable to

16  individual participants at an event cannot be determined, the

17  total costs shall be prorated among all invited persons,

18  whether or not they are reporting individuals or procurement

19  employees.

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

21  basis unless only one-way transportation is provided.

22  Round-trip transportation expenses shall be considered a

23  single gift. Transportation provided in a private conveyance

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

25  comparable commercial conveyance.

26         (e)  Lodging provided on consecutive days shall be

27  considered a single gift.  Lodging in a private residence

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

29  112.061(6)(a)1. less the meal allowance rate provided in s.

30  112.061(6)(b).

31

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

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

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

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

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

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

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

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

  9         (g)  Membership dues paid to the same organization

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

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

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

13  or per event basis, whichever is greater.

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

15  gift shall be valued on a per occurrence basis.

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

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

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

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

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

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

22  persons invited to the function, unless the items are

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

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

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

26  not include that portion of the cost which represents a

27  charitable contribution, if the gift is provided by the

28  charitable organization.

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

30  employee shall file a statement with the Commission on Ethics

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

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

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

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

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

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

  6  following:

  7         1.  Gifts from relatives.

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

  9  112.313(4).

10         3.  Gifts otherwise required to be disclosed by this

11  section.

12         (b)  The statement shall include:

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

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

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

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

17  shall so state.

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

19  reporting individual or procurement employee by the donor.

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

21  differences between the reporting individual's or procurement

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

23         (d)  The reporting individual's or procurement

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

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

26         (e)  If a reporting individual or procurement employee

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

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

29  statement under this subsection for that calendar quarter.

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

31  11.045, who violates the provisions of subsection (5) commits

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

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

  3  lobbyist to lobby, before the agency of the reporting

  4  individual or procurement employee to which the gift was given

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

  6  24 months.  The state attorney, or an agency, if otherwise

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

  8  authorized under this section or to impose or enforce a

  9  limitation on lobbying provided in this section.

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

11  advisory opinion from the general counsel of the house of

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

13  section to a specific situation.  The general counsel shall

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

15  The member of the Legislature may reasonably rely on such

16  opinion.

17         Section 6.  Subsection (6) of section 112.3149, Florida

18  Statutes, is amended to read:

19         112.3149  Solicitation and disclosure of honoraria.--

20         (6)  A reporting individual or procurement employee who

21  receives payment or provision of expenses related to any

22  honorarium event from a person who is prohibited by subsection

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

24  procurement employee shall publicly disclose on an annual

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

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

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

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

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

30  reporting individual or procurement employee in connection

31  with the honorarium event.  The annual statement of honorarium

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

  2  expenses received during the previous calendar year. The

  3  reporting individual or procurement employee shall attach to

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

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

  6  expenses paid or provided during the calendar year for which

  7  the annual statement is filed.  Such attached statement shall

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

  9  The annual statement of a reporting individual shall be filed

10  with the financial disclosure statement required by either s.

11  8, Art. II of the State Constitution or s. 112.3145, as

12  applicable to the reporting individual. The annual statement

13  of a procurement employee shall be filed with the Commission

14  on Ethics Department of State.

15         Section 7.  Subsections (1), (2), (6), (7), and (8) of

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

17         112.317  Penalties.--

18         (1)  Violation of any provision of this part,

19  including, but not limited to, any failure to file any

20  disclosures required by this part or violation of any standard

21  of conduct imposed by this part, or violation of any provision

22  of s. 8, Art. II of the State Constitution, in addition to any

23  criminal penalty or other civil penalty involved, shall,

24  pursuant to applicable constitutional and statutory

25  procedures, constitute grounds for, and may be punished by,

26  one or more of the following:

27         (a)  In the case of a public officer:

28         1.  Impeachment.

29         2.  Removal from office.

30         3.  Suspension from office.

31         4.  Public censure and reprimand.

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  1         5.  Forfeiture of no more than one-third salary per

  2  month for no more than 12 months.

  3         6.  A civil penalty not to exceed $10,000.

  4         7.  Restitution of any pecuniary benefits received

  5  because of the violation committed. The commission may

  6  recommend that the restitution penalty be paid to the agency

  7  of which the public officer was a member or to the General

  8  Revenue Fund of the state.

  9         (b)  In the case of an employee or a person designated

10  as a public officer by this part who otherwise would be deemed

11  to be an employee:

12         1.  Dismissal from employment.

13         2.  Suspension from employment for not more than 90

14  days without pay.

15         3.  Demotion.

16         4.  Reduction in salary level.

17         5.  Forfeiture of no more than one-third salary per

18  month for no more than 12 months.

19         6.  A civil penalty not to exceed $10,000.

20         7.  Restitution of any pecuniary benefits received

21  because of the violation committed. The commission may

22  recommend that the restitution penalty be paid to the agency

23  by which such employee was employed or by which such officer

24  was deemed to be an employee or to the General Revenue Fund of

25  the state.

26         8.  Public censure and reprimand.

27         (c)  In the case of a candidate who violates the

28  provisions of this part or s. 8(a) and (h), Art. II of the

29  State Constitution:

30         1.  Disqualification from being on the ballot.

31         2.  Public censure.

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  1         3.  Reprimand.

  2         4.  A civil penalty not to exceed $10,000.

  3         (d)  In the case of a former public officer or employee

  4  who has violated a provision applicable to former officers or

  5  employees or whose violation occurred prior to such officer's

  6  or employee's leaving public office or employment:

  7         1.  Public censure and reprimand.

  8         2.  A civil penalty not to exceed $10,000.

  9         3.  Restitution of any pecuniary benefits received

10  because of the violation committed. The commission may

11  recommend that the restitution penalty be paid to the agency

12  of such public officer or employee or the General Revenue Fund

13  of the state.

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

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

16  Constitution and the proper disciplinary official or body

17  under s. 112.324 imposes recommends a civil penalty or

18  restitution penalty, the Attorney General shall bring a civil

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

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

21  restitution that could have been raised by judicial review of

22  the administrative findings and recommendations of the

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

24  Attorney General shall be entitled to collect any costs,

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

26  collection incurred in bringing such actions.

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

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

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

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

31  connection with a confidential preliminary investigation of

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

  2  proceeding becomes a public record as provided herein commits

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

  4  s. 775.082 or s. 775.083.

  5         (6)(7)  In any case in which the commission finds

  6  probable cause to believe that a complainant has committed

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

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

  9  the appropriate law enforcement agency for prosecution and

10  taxation of costs.

11         (7)(8)  In any case in which the commission determines

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

13  or employee with a malicious intent to injure the reputation

14  of such officer or employee by filing the complaint with

15  knowledge that the complaint contains one or more false

16  allegations or with reckless disregard for whether the

17  complaint contains false allegations of fact material to a

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

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

20  of the person complained against, including the costs and

21  reasonable attorney's fees incurred in proving entitlement to

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

23  pay such costs and fees voluntarily within 30 days following

24  such finding by the commission, the commission shall forward

25  such information to the Department of Legal Affairs, which

26  shall bring a civil action in a court of competent

27  jurisdiction to recover the amount of such costs and fees

28  awarded by the commission.

29         Section 8.  Section 112.3185, Florida Statutes, is

30  amended to read:

31

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  1         112.3185  Additional standards for state agency

  2  employees Contractual services.--

  3         (1)  For the purposes of this section:

  4         (a)  "Contractual services" shall be defined as set

  5  forth in chapter 287.

  6         (b)  "Agency" means any state officer, department,

  7  board, commission, or council of the executive or judicial

  8  branch of state government and includes the Public Service

  9  Commission.

10         (2)  No agency employee who participates through

11  decision, approval, disapproval, recommendation, preparation

12  of any part of a purchase request, influencing the content of

13  any specification or procurement standard, rendering of

14  advice, investigation, or auditing or in any other advisory

15  capacity in the procurement of contractual services shall

16  become or be, while an agency employee, the employee of a

17  person contracting with the agency by whom the employee is

18  employed.

19         (3)  No agency employee shall, after retirement or

20  termination, have or hold any employment or contractual

21  relationship with any business entity other than an agency in

22  connection with any contract in which the agency employee

23  participated personally and substantially through decision,

24  approval, disapproval, recommendation, rendering of advice, or

25  investigation while an officer or employee.

26         (4)  No agency employee shall, within 2 years after

27  retirement or termination, have or hold any employment or

28  contractual relationship with any business entity other than

29  an agency in connection with any contract for contractual

30  services which was within his or her responsibility while an

31  employee.

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  1         (5)  The sum of money paid to a former agency employee

  2  during the first year after the cessation of his or her

  3  responsibilities, by the agency with whom he or she was

  4  employed, for contractual services provided to the agency,

  5  shall not exceed the annual salary received on the date of

  6  cessation of his or her responsibilities. The provisions of

  7  this subsection may be waived by the agency head for a

  8  particular contract if the agency head determines that such

  9  waiver will result in significant time or cost savings for the

10  state.

11         (6)  No agency employee acting in an official capacity

12  shall directly or indirectly procure contractual services for

13  his or her own agency from any business entity of which a

14  relative is an officer, partner, director, or proprietor or in

15  which such officer or employee or his or her spouse or child,

16  or any combination of them, has a material interest.

17         (7)  No agency employee shall, after retirement or

18  termination, represent or advise another person or entity,

19  except the state, in any matter in which the employee

20  participated personally and substantially in his or her

21  official capacity through decision, approval, disapproval,

22  recommendation, rendering of advice, investigation, or

23  otherwise while an employee. The term "matter" includes any

24  judicial or other proceeding, application, request for a

25  ruling or other determination, contract, claim, controversy,

26  investigation, charge, accusation, arrest, or other particular

27  action involving a specific party or parties.

28         (8)(7)  A violation of any provision of this section is

29  punishable in accordance with s. 112.317.

30

31

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  1         (9)(8)  This section is not applicable to any employee

  2  of the Public Service Commission who was so employed on or

  3  before December 31, 1994.

  4         Section 9.  Section 112.324, Florida Statutes, is

  5  amended to read:

  6         112.324  Procedures on complaints of violations.--

  7         (1)  Upon a written complaint executed on a form

  8  prescribed by the commission and signed under oath or

  9  affirmation by any person, The commission shall investigate

10  any alleged violation of this part or any other alleged breach

11  of the public trust within the jurisdiction of the commission

12  as provided in s. 8(f), Art. II of the State Constitution in

13  accordance with procedures set forth herein:.

14         (a)  Upon a written complaint executed on a form

15  prescribed by the commission and signed under oath or

16  affirmation by any person;

17         (b)  Upon receipt of reliable and publicly disseminated

18  information which at least seven of the members of the

19  commission deem sufficient to indicate a breach of the public

20  trust, provided that commission staff shall undertake no

21  formal investigation other than collecting publicly

22  disseminated information prior to a determination of

23  sufficiency by at least seven members of the commission; or

24         (c)  Upon receipt of a written referral of a possible

25  violation of this part or other possible breach of the public

26  trust from the Governor, the Comptroller, a State Attorney,

27  the Executive Director of the Department of Law Enforcement,

28  or the Statewide Prosecutor, which at least seven of the

29  members of the commission deem sufficient to indicate a breach

30  of the public trust.

31

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  1  Within 5 days after receipt of a complaint by the commission

  2  or after determination by the commission that the information

  3  or referral received is deemed sufficient, a copy shall be

  4  transmitted to the alleged violator. All proceedings, the

  5  complaint, and other records relating to the preliminary

  6  investigation as provided herein, or as provided by a

  7  Commission on Ethics and Public Trust established by any

  8  county defined in s. 125.011(1), shall be confidential and

  9  exempt from the provisions of s. 119.07(1), and s. 24(a), Art.

10  I of the State Constitution, either until the alleged violator

11  requests in writing that such investigation and records be

12  made public records or the preliminary investigation is

13  completed, notwithstanding any provision of chapter 120 or s.

14  286.011 and s. 24(b), Art. I of the State Constitution. The

15  confidentiality requirements of this section shall not

16  prohibit the commission or its staff from sharing

17  investigative information with criminal investigative

18  agencies. In no event shall a complaint under this part

19  against a candidate in any general, special, or primary

20  election be filed or any intention of filing such a complaint

21  be disclosed on the day of any such election or within the 5

22  days immediately preceding the date of the election. The

23  confidentiality provisions of this subsection are is repealed

24  October 2, 2002, and must be reviewed by the Legislature

25  before that date in accordance with s. 119.15, the Open

26  Government Sunset Review Act of 1995.

27         (2)  A preliminary investigation shall be undertaken by

28  the commission of each legally sufficient complaint,

29  information, or referral over which the commission has

30  jurisdiction to determine whether there is probable cause to

31  believe that a violation has occurred. If, upon completion of

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  1  the preliminary investigation, the commission finds no

  2  probable cause to believe that this part has been violated or

  3  that any other breach of the public trust has been committed,

  4  the commission shall dismiss the complaint or proceeding with

  5  the issuance of a public report to the complainant and the

  6  alleged violator, stating with particularity its reasons for

  7  dismissal of the complaint. At that time, the complaint, the

  8  proceeding, and all materials relating to the complaint and

  9  proceeding shall become a matter of public record. If the

10  commission finds from the preliminary investigation probable

11  cause to believe that this part has been violated or that any

12  other breach of the public trust has been committed, it shall

13  so notify the complainant and the alleged violator in writing.

14  Such notification and all documents made or received in the

15  disposition of the complaint or proceeding shall then become

16  public records. Upon request submitted to the commission in

17  writing, any person who the commission finds probable cause to

18  believe has violated any provision of this part or has

19  committed any other breach of the public trust shall be

20  entitled to a public hearing.  Such person shall be deemed to

21  have waived the right to a public hearing if the request is

22  not received within 14 days following the mailing of the

23  probable cause notification required by this subsection.

24  However, the commission may on its own motion, require a

25  public hearing, may conduct such further investigation as it

26  deems necessary, and may enter into such stipulations and

27  settlements as it finds to be just and in the best interest of

28  the State.  The commission is without jurisdiction to, and no

29  respondent may voluntarily or involuntarily, enter into a

30  stipulation or settlement which imposes any penalty,

31  including, but not limited to, a sanction or admonition or any

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  1  other penalty contained in s. 112.317. Penalties shall be

  2  imposed only by the appropriate disciplinary authority as

  3  designated in this section.

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

  5  Legislature, upon completion of a full and final investigation

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

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

  8  the State Constitution, irrespective of whether the violative

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

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

11  complaint, information, or referral and its findings by

12  certified mail to the President of the Senate or the Speaker

13  of the House of Representatives, whichever is applicable, who

14  shall refer the matter complaint to the appropriate committee

15  for investigation and action which shall be governed by the

16  rules of its respective house. It shall be the duty of the

17  committee to report its final action upon the matter complaint

18  to the commission within 90 days of the date of transmittal to

19  the respective house.  Upon request of the committee, the

20  commission shall submit a recommendation as to what penalty,

21  if any, should be imposed.  In the case of a member of the

22  Legislature, the house in which the member serves shall have

23  the power to invoke the penalty provisions of this part.

24         (4)  If, in cases pertaining to complaints or

25  proceedings against impeachable officers, upon completion of a

26  full and final investigation by the commission, the commission

27  finds that there has been a violation of this part or of any

28  provision of s. 8, Art. II of the State Constitution, and the

29  commission finds that the violation may constitute grounds for

30  impeachment, the commission shall forward a copy of the

31  complaint, information, or referral and its findings by

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  1  certified mail to the Speaker of the House of Representatives,

  2  who shall refer the matter complaint to the appropriate

  3  committee for investigation and action which shall be governed

  4  by the rules of the House of Representatives.  It shall be the

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

  6  matter complaint to the commission within 90 days of the date

  7  of transmittal.

  8         (5)  If the commission finds that there has been a

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

10  the State Constitution by an impeachable officer other than

11  the Governor, and the commission recommends public censure and

12  reprimand, forfeiture of a portion of the officer's salary, a

13  civil penalty, or restitution, the commission shall report its

14  findings and recommendation of disciplinary action to the

15  Governor, who shall have the power to invoke the penalty

16  provisions of this part.

17         (6)  If 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 by the Governor, and the commission

20  recommends public censure and reprimand, forfeiture of a

21  portion of the Governor's salary, a civil penalty, or

22  restitution, the commission shall report its findings and

23  recommendation of disciplinary action to the Attorney General,

24  who shall have the power to invoke the penalty provisions of

25  this part.

26         (7)  If, in cases pertaining to persons other than

27  complaints other than complaints against impeachable officers

28  or members of the Legislature, upon completion of a full and

29  final investigation by the commission, the commission finds

30  that there has been a violation of this part or of s. 8, Art.

31  II of the State Constitution, it shall be the duty of the

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  1  commission to report its findings and recommend appropriate

  2  action to the proper disciplinary official or body as follows,

  3  and such official or body shall have the power to invoke the

  4  penalty provisions of this part, including the power to order

  5  the appropriate elections official to remove a candidate from

  6  the ballot for a violation of s. 112.3145 or s. 8(a) and (i)

  7  (h), Art. II of the State Constitution:

  8         (a)  The President of the Senate and the Speaker of the

  9  House of Representatives, jointly, in any case concerning the

10  Public Counsel, members of the Public Service Commission,

11  members of the Public Service Commission Nominating Council,

12  the Auditor General, members of the Legislative Committee on

13  Intergovernmental Relations, or members of the Advisory

14  Council on Environmental Education.

15         (b)  The Supreme Court, in any case concerning an

16  employee of the judicial branch.

17         (c)  The President of the Senate, in any case

18  concerning an employee of the Senate; the Speaker of the House

19  of Representatives, in any case concerning an employee of the

20  House of Representatives; or the President and the Speaker,

21  jointly, in any case concerning an employee of a committee of

22  the Legislature whose members are appointed solely by the

23  President and the Speaker or in any case concerning an

24  employee of the Public Counsel, Public Service Commission,

25  Auditor General, Legislative Committee on Intergovernmental

26  Relations, or Advisory Council on Environmental Education.

27         (d)  Except as otherwise provided by this part, the

28  Governor, in the case of any other public officer, public

29  employee, former public officer or public employee, candidate,

30  or former candidate.

31

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  1         (e)  The President of the Senate or the Speaker of the

  2  House of Representatives, whichever is applicable, in any case

  3  concerning a former member of the Legislature who has violated

  4  a provision applicable to former members or whose violation

  5  occurred while a member of the Legislature.

  6         (8)  In addition to reporting its findings to the

  7  proper disciplinary body or official, the commission shall

  8  report these findings to the state attorney or any other

  9  appropriate official or agency having authority to initiate

10  prosecution when violation of criminal law is indicated.

11         (9)  Notwithstanding the foregoing procedures of this

12  section, a sworn complaint against any member or employee of

13  the Commission on Ethics for violation of this part or of s.

14  8, Art. II of the State Constitution shall be filed with the

15  President of the Senate and the Speaker of the House of

16  Representatives.  Each presiding officer shall, after

17  determining that there are sufficient grounds for review,

18  appoint three members of their respective bodies to a special

19  joint committee who shall investigate the complaint.  The

20  members shall elect a chair from among their number.  If the

21  special joint committee finds insufficient evidence to

22  establish probable cause to believe a violation of this part

23  or of s. 8, Art. II of the State Constitution has occurred, it

24  shall dismiss the complaint. If, upon completion of its

25  preliminary investigation, the committee finds sufficient

26  evidence to establish probable cause to believe a violation

27  has occurred, the chair thereof shall transmit such findings

28  to the Governor who shall convene a meeting of the Governor,

29  the President of the Senate, the Speaker of the House of

30  Representatives, and the Chief Justice of the Supreme Court to

31  take such final action on the complaint as they shall deem

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  1  appropriate, consistent with the penalty provisions of this

  2  part. Upon request of a majority of the Governor, the

  3  President of the Senate, the Speaker of the House of

  4  Representatives, and the Chief Justice of the Supreme Court,

  5  the special joint committee shall submit a recommendation as

  6  to what penalty, if any, should be imposed.

  7         (10)  Notwithstanding the provisions of subsections

  8  (1)-(7), the commission may, at its discretion, dismiss any

  9  complaint or proceeding at any stage of disposition should it

10  determine that the public interest would not be served by

11  proceeding further, in which case the commission shall issue a

12  public report stating with particularity its reasons for the

13  dismissal.  The investigation of facts and parties materially

14  related to a complaint, as provided in s. 112.322(1) and

15  pursuant to the definitions contained in s. 112.312(11) and

16  (18), and the amendment of s. 112.3143 shall apply only to

17  alleged violations occurring after May 24, 1991.

18         Section 10.  Section 914.21, Florida Statutes, is

19  amended to read:

20         914.21  Definitions.--As used in ss. 914.22-914.24, the

21  term:

22         (1)  "Bodily injury" means:

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

24         (b)  Physical pain;

25         (c)  Illness;

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

27  organ, or mental faculty; or

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

29  temporary.

30         (2)  "Misleading conduct" means:

31         (a)  Knowingly making a false statement;

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  1         (b)  Intentionally omitting information from a

  2  statement and thereby causing a portion of such statement to

  3  be misleading, or intentionally concealing a material fact and

  4  thereby creating a false impression by such statement;

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

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

  7  forged, altered, or otherwise lacking in authenticity;

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

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

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

11  material respect; or

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

13  intent to mislead.

14         (3)  "Official investigation" means any investigation

15  instituted by a law enforcement agency or prosecuting officer

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

17  investigation conducted by the Florida Commission on Ethics.

18         (4)  "Official proceeding" means:

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

20  jury;

21         (b)  A proceeding before the Legislature; or

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

23  authorized by law; or.

24         (d)  A proceeding before the Florida Commission on

25  Ethics.

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

27  another and includes confinement.

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

29  Statutes, is repealed.

30         Section 12.  Subsection (6) of section 440.442, Florida

31  Statutes, is amended to read:

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  1         440.442  Code of Judicial Conduct.--The Chief Judge,

  2  and judges of compensation claims shall observe and abide by

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

  4  material violation of a provision of the Code of Judicial

  5  Conduct shall constitute either malfeasance or misfeasance in

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

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

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

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

10  appearance of influence or impropriety. A judge should

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

12  the State Constitution, and should publicly report gifts.

13         (a)  Compensation for quasi-judicial and extrajudicial

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

15  compensation and reimbursement of expenses for the

16  quasi-judicial and extrajudicial activities permitted by this

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

18  appearance of influencing the judge in his or her judicial

19  duties or otherwise give the impression of impropriety subject

20  to the following restrictions:

21         1.  Compensation:  Compensation should not exceed a

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

23  not a judge would receive for the same activity.

24         2.  Expense reimbursement:  Expense reimbursement

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

26  lodging reasonably incurred by the judge and, where

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

28  in excess of such an amount is compensation.

29         (b)  Public financial reporting.--

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

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

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

  2  Constitution. The form for public financial disclosure shall

  3  be that recommended or adopted by the Florida Commission on

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

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

  6  State on the date prescribed by law.

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

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

  9  and Canon 6B(2) s. 112 [Canon 5C(4)(c) of the Code of Judicial

10  Conduct]. The report of gifts received in the preceding

11  calendar year shall be filed in the office of the Commission

12  on Ethics Secretary of State on or before July 1 of each year.

13         Section 13.  Sections 839.08, 839.09, 839.091, and

14  839.10, Florida Statutes, are repealed.

15         Section 14.  Section 112.3232, Florida Statutes, is

16  created to read:

17         112.3232  Compelled testimony.--If any person called to

18  give evidence in a commission proceeding shall refuse to give

19  evidence because of a claim of possible self-incrimination,

20  the commission, with the written authorization of the

21  appropriate state attorney, may apply to the chief judge of

22  the appropriate judicial circuit for a judicial grant of

23  immunity ordering the testimony or other evidence of such

24  person notwithstanding his or her objection, but in such case

25  no testimony or other information compelled under the order,

26  or any information directly or indirectly derived from such

27  testimony or other information, may be used against the

28  witness in any criminal proceeding.

29         Section 15.  Section 112.31905, Florida Statutes, is

30  created to read:

31

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  1         112.31905  Educational requirements for elected public

  2  officials.--Each elected public officer and each person

  3  appointed to hold elective public office shall, within the

  4  first year following his or her election or appointment to

  5  office and every 4 years thereafter:

  6         (1)  Complete a course of study of at least 3 hours

  7  regarding the requirements of this part, the public records

  8  law of chapter 119, the public meetings law in chapter 286,

  9  and chapter 838.

10         (2)  Certify his or her completion of the course of

11  study on a form promulgated by the commission and file the

12  form with the commission, if he or she files full and public

13  disclosure under s. 8 of Art. II, of the State Constitution,

14  or with the supervisor of elections of the county of his or

15  her residence, if he or she files a statement of financial

16  interests under s. 112.3145.

17         Section 16.  Subsection (7) of section 112.322, Florida

18  Statutes, is amended to read:

19         112.322  Duties and powers of commission.--

20         (7)  The commission may prepare materials designed to

21  assist persons in complying with the provisions of this part

22  and with s. 8, Art. II of the State Constitution, and is

23  authorized to work with other agencies of state and local

24  government and private organizations to develop and

25  disseminate ethics training materials and programs, including,

26  but not limited to, the materials and programs necessary for

27  public officials to comply with the education requirements of

28  s. 112.31905.

29         Section 17.  The provisions of this act requiring a

30  person to file a final disclosure statement within 60 days

31  after leaving his or her public position, including the

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  1  notification requirements relating to final filings, apply to

  2  persons leaving office or employment on or after the date this

  3  act becomes a law. 

  4         Section 18.  Section 112.3147, Florida Statutes, is

  5  amended to read:

  6         112.3147  Forms.--All information required to be

  7  furnished by ss. 112.313, 112.3143, 112.3145, 112.3148, and

  8  112.3149, and 112.31905  and by s. 8, Art. II of the State

  9  Constitution shall be on forms prescribed by the Commission on

10  Ethics.

11         Section 19.  The sum of $193,950 is appropriated from

12  the General Revenue Fund to the Commission on Ethics to

13  administer the responsibilities imposed upon it by this act.

14         Section 20.  This act, except for this section and

15  section 17, which shall take effect upon becoming law, shall

16  take effect January 1, 2001.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                          CS for SB 368

20

21  Clarifies language relating to the 60 day final report for
    limited and full financial disclosure filers to make sure that
22  it is clear that the report applies to all persons holding a
    public position, not just an "office."
23
    Adds the Technological Research and Development Authority to
24  the list of government entities allowed to give a gift in
    excess of $100 if a public purpose can be shown for the gift.
25
    Applies the provisions of the bill relating to the final
26  financial disclosure report to persons leaving office or
    employment on or after the date this act becomes a law.
27

28

29

30

31

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