| 1 | A bill to be entitled | 
| 2 | An act relating to ethics for public officers and | 
| 3 | employees; amending s. 104.31, F.S.; prohibiting employees | 
| 4 | of the state and its political subdivisions from | 
| 5 | participating in a political campaign, for which there are | 
| 6 | penalties; amending s. 112.313, F.S.; prohibiting certain | 
| 7 | disclosures by a former public officer, agency employee, | 
| 8 | or local government attorney, for which there are | 
| 9 | penalties; redefining the term "employee" to include | 
| 10 | certain other-personal-services employees for certain | 
| 11 | postemployment activities; exempting certain agency | 
| 12 | employees from applicability of postemployment | 
| 13 | restrictions; providing an exemption from provisions | 
| 14 | prohibiting conflicts in employment to a person who, after | 
| 15 | serving on an advisory board, files a statement with the | 
| 16 | Commission on Ethics relating to a bid or submission; | 
| 17 | amending s. 112.3144, F.S.; specifying how assets valued | 
| 18 | in excess of a specified amount are to be reported by a | 
| 19 | reporting individual; amending s. 112.3145, F.S.; | 
| 20 | requiring that a delinquency notice be sent to certain | 
| 21 | officeholders by certified mail, return receipt requested; | 
| 22 | amending s. 112.3147, F.S.; deleting provisions relating | 
| 23 | to the reporting of assets valued in excess of a specified | 
| 24 | amount, to conform; amending s. 112.3148, F.S.; providing | 
| 25 | requirements for persons who have left office or | 
| 26 | employment as to filing a report relating to gifts; | 
| 27 | providing requirements relating to the deadline for and | 
| 28 | timeliness of gift reports; amending s. 112.3149, F.S.; | 
| 29 | requiring that a report of honoraria by a person who left | 
| 30 | office or employment be filed by a specified date; | 
| 31 | amending s. 112.317, F.S.; authorizing the commission to | 
| 32 | recommend a restitution penalty be paid to the agency of | 
| 33 | which the public officer was a member or by which the | 
| 34 | public employee was employed or to the General Revenue | 
| 35 | Fund; authorizing the Attorney General to recover costs | 
| 36 | for filing suit to collect penalties and fines; deleting | 
| 37 | provisions imposing a penalty for the disclosure of | 
| 38 | information concerning a complaint or an investigation; | 
| 39 | amending s. 112.3185, F.S.; providing additional standards | 
| 40 | for state agency employees relating to procurement of | 
| 41 | goods and services by a state agency; authorizing an | 
| 42 | employee whose position was eliminated to engage in | 
| 43 | certain contractual activities; prohibiting former | 
| 44 | employees from certain specified activities; amending s. | 
| 45 | 112.321, F.S.; prohibiting an individual who qualifies as | 
| 46 | a lobbyist from serving on the commission; prohibiting a | 
| 47 | member of the commission from lobbying any state or local | 
| 48 | governmental entity; providing exceptions for individuals | 
| 49 | who are members of the commission on the effective date of | 
| 50 | the act until the expiration of their current terms; | 
| 51 | amending s. 112.3215, F.S.; requiring the commission to | 
| 52 | adopt a rule detailing the grounds for waiving a fine and | 
| 53 | the procedures to be followed when a lobbyist fails to | 
| 54 | timely file his or her report; requiring automatic | 
| 55 | suspension of a lobbyist's registration if the fine is not | 
| 56 | timely paid; requiring the commission to provide written | 
| 57 | notice to any lobbyist whose registration is automatically | 
| 58 | suspended; amending s. 112.322, F.S.; authorizing travel | 
| 59 | and per diem expenses for certain witnesses; amending s. | 
| 60 | 914.21, F.S.; redefining the terms "official | 
| 61 | investigation" and "official proceeding," for purposes of | 
| 62 | provisions relating to tampering with witnesses, to | 
| 63 | include an investigation by the commission; providing an | 
| 64 | effective date. | 
| 65 | 
 | 
| 66 | Be It Enacted by the Legislature of the State of Florida: | 
| 67 | 
 | 
| 68 | Section 1.  Present subsections (2) and (3) of section | 
| 69 | 104.31, Florida Statutes, are renumbered as subsections (3) and | 
| 70 | (4), respectively, and a new subsection (2) is added to that | 
| 71 | section to read: | 
| 72 | 104.31  Political activities of state, county, and | 
| 73 | municipal officers and employees.-- | 
| 74 | (2)  An employee of the state or any political subdivision | 
| 75 | may not participate in any political campaign for an elective | 
| 76 | office while on duty. | 
| 77 | Section 2.  Subsection (8), paragraph (a) of subsection | 
| 78 | (9), paragraph (b) of subsection (12), and subsection (14) of | 
| 79 | section 112.313, Florida Statutes, are amended to read: | 
| 80 | 112.313  Standards of conduct for public officers, | 
| 81 | employees of agencies, and local government attorneys.-- | 
| 82 | (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current | 
| 83 | or former public officer, employee of an agency, or local | 
| 84 | government attorney shall disclose or use information not | 
| 85 | available to members of the general public and gained by reason | 
| 86 | of his or her official position, except for information relating | 
| 87 | exclusively to governmental practices, for his or her personal | 
| 88 | gain or benefit or for the personal gain or benefit of any other | 
| 89 | person or business entity. | 
| 90 | (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR | 
| 91 | LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- | 
| 92 | (a)1.  It is the intent of the Legislature to implement by | 
| 93 | statute the provisions of s. 8(e), Art. II of the State | 
| 94 | Constitution relating to legislators, statewide elected | 
| 95 | officers, appointed state officers, and designated public | 
| 96 | employees. | 
| 97 | 2.  As used in this paragraph: | 
| 98 | a.  "Employee" means: | 
| 99 | (I)  Any person employed in the executive or legislative | 
| 100 | branch of government holding a position in the Senior Management | 
| 101 | Service as defined in s. 110.402 or any person holding a | 
| 102 | position in the Selected Exempt Service as defined in s. 110.602 | 
| 103 | or any person having authority over policy or procurement | 
| 104 | employed by the Department of the Lottery. | 
| 105 | (II)  The Auditor General, the director of the Office of | 
| 106 | Program Policy Analysis and Government Accountability, the | 
| 107 | Sergeant at Arms and Secretary of the Senate, and the Sergeant | 
| 108 | at Arms and Clerk of the House of Representatives. | 
| 109 | (III)  The executive director of the Legislative Committee | 
| 110 | on Intergovernmental Relations and the executive director and | 
| 111 | deputy executive director of the Commission on Ethics. | 
| 112 | (IV)  An executive director, staff director, or deputy | 
| 113 | staff director of each joint committee, standing committee, or | 
| 114 | select committee of the Legislature; an executive director, | 
| 115 | staff director, executive assistant, analyst, or attorney of the | 
| 116 | Office of the President of the Senate, the Office of the Speaker | 
| 117 | of the House of Representatives, the Senate Majority Party | 
| 118 | Office, Senate Minority Party Office, House Majority Party | 
| 119 | Office, or House Minority Party Office; or any person, hired on | 
| 120 | a contractual basis, having the power normally conferred upon | 
| 121 | such persons, by whatever title. | 
| 122 | (V)  The Chancellor and Vice Chancellors of the State | 
| 123 | University System; the general counsel to the Board of Regents; | 
| 124 | and the president, vice presidents, and deans of each state | 
| 125 | university. | 
| 126 | (VI)  Any person, including an other-personal-services | 
| 127 | employee, having the power normally conferred upon the positions | 
| 128 | referenced in this sub-subparagraph. | 
| 129 | b.  "Appointed state officer" means any member of an | 
| 130 | appointive board, commission, committee, council, or authority | 
| 131 | of the executive or legislative branch of state government whose | 
| 132 | powers, jurisdiction, and authority are not solely advisory and | 
| 133 | include the final determination or adjudication of any personal | 
| 134 | or property rights, duties, or obligations, other than those | 
| 135 | relative to its internal operations. | 
| 136 | c.  "State agency" means an entity of the legislative, | 
| 137 | executive, or judicial branch of state government over which the | 
| 138 | Legislature exercises plenary budgetary and statutory control. | 
| 139 | 3.  No member of the Legislature, appointed state officer, | 
| 140 | or statewide elected officer shall personally represent another | 
| 141 | person or entity for compensation before the government body or | 
| 142 | agency of which the individual was an officer or member for a | 
| 143 | period of 2 years following vacation of office. No member of the | 
| 144 | Legislature shall personally represent another person or entity | 
| 145 | for compensation during his or her term of office before any | 
| 146 | state agency other than judicial tribunals or in settlement | 
| 147 | negotiations after the filing of a lawsuit. | 
| 148 | 4.  No agency employee shall personally represent another | 
| 149 | person or entity for compensation before the agency with which | 
| 150 | he or she was employed for a period of 2 years following | 
| 151 | vacation of position, unless employed by another agency of state | 
| 152 | government. | 
| 153 | 5.  Any person violating this paragraph shall be subject to | 
| 154 | the penalties provided in s. 112.317 and a civil penalty of an | 
| 155 | amount equal to the compensation which the person receives for | 
| 156 | the prohibited conduct. | 
| 157 | 6.  This paragraph is not applicable to: | 
| 158 | a.  A person employed by the Legislature or other agency | 
| 159 | prior to July 1, 1989; | 
| 160 | b.  A person who was employed by the Legislature or other | 
| 161 | agency on July 1, 1989, whether or not the person was a defined | 
| 162 | employee on July 1, 1989; | 
| 163 | c.  A person who was a defined employee of the State | 
| 164 | University System or the Public Service Commission who held such | 
| 165 | employment on December 31, 1994; | 
| 166 | d.  A person who has reached normal retirement age as | 
| 167 | defined in s. 121.021(29), and who has retired under the | 
| 168 | provisions of chapter 121 by July 1, 1991; or | 
| 169 | e.  Any appointed state officer whose term of office began | 
| 170 | before January 1, 1995, unless reappointed to that office on or | 
| 171 | after January 1, 1995; or . | 
| 172 | f.  An agency employee who continuously has held a position | 
| 173 | that was transferred from the Career Service System to the | 
| 174 | Selected Exempt Service System under chapter 2001-43, Laws of | 
| 175 | Florida, until leaving state employment. | 
| 176 | (12)  EXEMPTION.--The requirements of subsections (3) and | 
| 177 | (7) as they pertain to persons serving on advisory boards may be | 
| 178 | waived in a particular instance by the body which appointed the | 
| 179 | person to the advisory board, upon a full disclosure of the | 
| 180 | transaction or relationship to the appointing body prior to the | 
| 181 | waiver and an affirmative vote in favor of waiver by two-thirds | 
| 182 | vote of that body. In instances in which appointment to the | 
| 183 | advisory board is made by an individual, waiver may be effected, | 
| 184 | after public hearing, by a determination by the appointing | 
| 185 | person and full disclosure of the transaction or relationship by | 
| 186 | the appointee to the appointing person. In addition, no person | 
| 187 | shall be held in violation of subsection (3) or subsection (7) | 
| 188 | if: | 
| 189 | (b)  The business is awarded under a system of sealed, | 
| 190 | competitive bidding to the lowest or best bidder and: | 
| 191 | 1.  The official or the official's spouse or child has in | 
| 192 | no way participated in the determination of the bid | 
| 193 | specifications or the determination of the lowest or best | 
| 194 | bidder; | 
| 195 | 2.  The official or the official's spouse or child has in | 
| 196 | no way used or attempted to use the official's influence to | 
| 197 | persuade the agency or any personnel thereof to enter such a | 
| 198 | contract other than by the mere submission of the bid; and | 
| 199 | 3.  The official, prior to or at the time of the submission | 
| 200 | of the bid, has filed a statement with the Commission on Ethics | 
| 201 | Department of State, if the official is a state officer or | 
| 202 | employee, or with the supervisor of elections of the county in | 
| 203 | which the agency has its principal office, if the official is an | 
| 204 | officer or employee of a political subdivision, disclosing the | 
| 205 | official's interest, or the interest of the official's spouse or | 
| 206 | child, and the nature of the intended business. | 
| 207 | (14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A | 
| 208 | person who has been elected to any county, municipal, special | 
| 209 | district, or school district office may not personally represent | 
| 210 | another person or entity for compensation before the government | 
| 211 | governingbody or agency of which the person was an officer for | 
| 212 | a period of 2 years after vacating that office. | 
| 213 | Section 3.  Present subsections (4), (5), and (6) of | 
| 214 | section 112.3144, Florida Statutes, are renumbered as | 
| 215 | subsections (5), (6), and (7), respectively, paragraph (g) of | 
| 216 | present subsection (4) is amended, and a new subsection (4) is | 
| 217 | added to that section, to read: | 
| 218 | 112.3144  Full and public disclosure of financial | 
| 219 | interests.-- | 
| 220 | (4)(a)  With respect to reporting, on forms prescribed | 
| 221 | under this section, assets valued in excess of $1,000 that the | 
| 222 | reporting individual holds jointly with another person, the | 
| 223 | amount reported shall be based on the reporting individual's | 
| 224 | legal percentage of ownership in the property. However, assets | 
| 225 | that are held jointly with right of survivorship must be | 
| 226 | reported at 100 percent of the value of the asset. For purposes | 
| 227 | of this subsection, a reporting individual is deemed to own a | 
| 228 | percentage of a partnership that is equal to the reporting | 
| 229 | individual's interest in the capital or equity of the | 
| 230 | partnership. | 
| 231 | (b)1.  With respect to reporting, on forms prescribed under | 
| 232 | this section, liabilities valued in excess of $1,000 for which | 
| 233 | the reporting individual is jointly and severally liable, the | 
| 234 | amount reported shall be based on the reporting individual's | 
| 235 | percentage of liability rather than the total amount of the | 
| 236 | liability. However, liability for a debt that is secured by | 
| 237 | property owned by the reporting individual but that is held | 
| 238 | jointly with right of survivorship must be reported at 100 | 
| 239 | percent of the total amount owed. | 
| 240 | 2.  A separate section of the form shall be created to | 
| 241 | provide for the reporting of the amounts of joint and several | 
| 242 | liability of the reporting individual not otherwise reported in | 
| 243 | subparagraph 1. | 
| 244 | (5) (4)Forms for compliance with the full and public | 
| 245 | disclosure requirements of s. 8, Art. II of the State | 
| 246 | Constitution shall be created by the Commission on Ethics. The | 
| 247 | commission shall give notice of disclosure deadlines and | 
| 248 | delinquencies and distribute forms in the following manner: | 
| 249 | (g)  The notification requirements and fines of this | 
| 250 | subsection do not apply to candidates or to the first filing | 
| 251 | required of any person appointed to elective constitutional | 
| 252 | office or other position required to file full and public | 
| 253 | disclosure, unless the person's name is on the commission's | 
| 254 | notification list and the person received notification from the | 
| 255 | commission. The appointing official shall notify such newly | 
| 256 | appointed person of the obligation to file full and public | 
| 257 | disclosure by July 1. The notification requirements and fines of | 
| 258 | this subsection do not apply to the final filing provided for in | 
| 259 | subsection (6) (5). | 
| 260 | Section 4.  Paragraph (c) of subsection (6) of section | 
| 261 | 112.3145, Florida Statutes, is amended to read: | 
| 262 | 112.3145  Disclosure of financial interests and clients | 
| 263 | represented before agencies.-- | 
| 264 | (6)  Forms for compliance with the disclosure requirements | 
| 265 | of this section and a current list of persons subject to | 
| 266 | disclosure shall be created by the commission and provided to | 
| 267 | each supervisor of elections. The commission and each supervisor | 
| 268 | of elections shall give notice of disclosure deadlines and | 
| 269 | delinquencies and distribute forms in the following manner: | 
| 270 | (c)  Not later than 30 days after July 1 of each year, the | 
| 271 | commission and each supervisor of elections shall determine | 
| 272 | which persons required to file a statement of financial | 
| 273 | interests in their respective offices have failed to do so and | 
| 274 | shall send delinquency notices by certified mail, return receipt | 
| 275 | requested, to these suchpersons. Each notice shall state that a | 
| 276 | grace period is in effect until September 1 of the current year; | 
| 277 | that no investigative or disciplinary action based upon the | 
| 278 | delinquency will be taken by the agency head or commission if | 
| 279 | the statement is filed by September 1 of the current year; that, | 
| 280 | if the statement is not filed by September 1 of the current | 
| 281 | year, a fine of $25 for each day late will be imposed, up to a | 
| 282 | maximum penalty of $1,500; for notices sent by a supervisor of | 
| 283 | elections, that he or she is required by law to notify the | 
| 284 | commission of the delinquency; and that, if upon the filing of a | 
| 285 | sworn complaint the commission finds that the person has failed | 
| 286 | to timely file the statement within 60 days after September 1 of | 
| 287 | the current year, such person will also be subject to the | 
| 288 | penalties provided in s. 112.317. | 
| 289 | Section 5.  Section 112.3147, Florida Statutes, is amended | 
| 290 | to read: | 
| 291 | 112.3147  Forms.-- | 
| 292 | (1)All information required to be furnished by ss. | 
| 293 | 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149 | 
| 294 | and by s. 8, Art. II of the State Constitution shall be on forms | 
| 295 | prescribed by the Commission on Ethics. | 
| 296 | (2)(a)  With respect to reporting assets valued in excess | 
| 297 | of $1,000 on forms prescribed pursuant to s. 112.3144 which the | 
| 298 | reporting individual holds jointly with another person, the | 
| 299 | amount reported shall be based on the reporting individual's | 
| 300 | legal percentage of ownership in the property, except that | 
| 301 | assets held jointly with the reporting individual's spouse shall | 
| 302 | be reported at 100 percent of the value of the asset. For | 
| 303 | purposes of this subsection, a reporting individual is deemed to | 
| 304 | own an interest in a partnership which corresponds to the | 
| 305 | reporting individual's interest in the capital or equity of the | 
| 306 | partnership. | 
| 307 | (b)1.  With respect to reporting liabilities valued in | 
| 308 | excess of $1,000 on forms prescribed pursuant to s. 112.3144 for | 
| 309 | which the reporting individual is jointly and severally liable, | 
| 310 | the amount reported shall be based upon the reporting | 
| 311 | individual's percentage of liability rather than the total | 
| 312 | amount of the liability, except, a joint and several liability | 
| 313 | with the reporting individual's spouse for a debt which relates | 
| 314 | to property owned by both as tenants by the entirety shall be | 
| 315 | reported at 100 percent of the total amount owed. | 
| 316 | 2.  A separate section of the form shall be created to | 
| 317 | provide for the reporting of the amounts of joint and several | 
| 318 | liability of the reporting individual not otherwise reported in | 
| 319 | paragraph (a). | 
| 320 | Section 6.  Paragraph (d) of subsection (6) and subsection | 
| 321 | (8) of section 112.3148, Florida Statutes, are amended to read: | 
| 322 | 112.3148  Reporting and prohibited receipt of gifts by | 
| 323 | individuals filing full or limited public disclosure of | 
| 324 | financial interests and by procurement employees.-- | 
| 325 | (6) | 
| 326 | (d)  No later than July 1 of each year, each reporting | 
| 327 | individual or procurement employee shall file a statement | 
| 328 | listing each gift having a value in excess of $100 received by | 
| 329 | the reporting individual or procurement employee, either | 
| 330 | directly or indirectly, from a governmental entity or a direct- | 
| 331 | support organization specifically authorized by law to support a | 
| 332 | governmental entity. The statement shall list the name of the | 
| 333 | person providing the gift, a description of the gift, the date | 
| 334 | or dates on which the gift was given, and the value of the total | 
| 335 | gifts given during the calendar year for which the report is | 
| 336 | made. The reporting individual or procurement employee shall | 
| 337 | attach to the suchstatement any report received by him or her | 
| 338 | in accordance with paragraph (c), which report shall become a | 
| 339 | public record when filed with the statement of the reporting | 
| 340 | individual or procurement employee. The reporting individual or | 
| 341 | procurement employee may explain any differences between the | 
| 342 | report of the reporting individual or procurement employee and | 
| 343 | the attached reports. The annual report filed by a reporting | 
| 344 | individual shall be filed with the financial disclosure | 
| 345 | statement required by either s. 8, Art. II of the State | 
| 346 | Constitution or s. 112.3145, as applicable to the reporting | 
| 347 | individual. The annual report filed by a procurement employee | 
| 348 | shall be filed with the Commission on Ethics. The report filed | 
| 349 | by a reporting individual or procurement employee who left | 
| 350 | office or employment during the calendar year covered by the | 
| 351 | report shall be filed by July 1 of the year after leaving office | 
| 352 | or employment at the same location as his or her final financial | 
| 353 | disclosure statement or, in the case of a former procurement | 
| 354 | employee, with the Commission on Ethics. | 
| 355 | (8)(a)  Each reporting individual or procurement employee | 
| 356 | shall file a statement with the Commission on Ethics not later | 
| 357 | than onthe last day of each calendar quarter, for the previous | 
| 358 | calendar quarter, containing a list of gifts which he or she | 
| 359 | believes to be in excess of $100 in value, if any, accepted by | 
| 360 | him or her, for which compensation was not provided by the donee | 
| 361 | to the donor within 90 days of receipt of the gift to reduce the | 
| 362 | value to $100 or less, except the following: | 
| 363 | 1.  Gifts from relatives. | 
| 364 | 2.  Gifts prohibited by subsection (4) or s. 112.313(4). | 
| 365 | 3.  Gifts otherwise required to be disclosed by this | 
| 366 | section. | 
| 367 | (b)  The statement shall include: | 
| 368 | 1.  A description of the gift, the monetary value of the | 
| 369 | gift, the name and address of the person making the gift, and | 
| 370 | the dates thereof. If any of these facts, other than the gift | 
| 371 | description, are unknown or not applicable, the report shall so | 
| 372 | state. | 
| 373 | 2.  A copy of any receipt for such gift provided to the | 
| 374 | reporting individual or procurement employee by the donor. | 
| 375 | (c)  The statement may include an explanation of any | 
| 376 | differences between the reporting individual's or procurement | 
| 377 | employee's statement and the receipt provided by the donor. | 
| 378 | (d)  The reporting individual's or procurement employee's | 
| 379 | statement shall be sworn to by such person as being a true, | 
| 380 | accurate, and total listing of all such gifts. | 
| 381 | (e)  Statements must be filed not later than 5 p.m. on the | 
| 382 | due date. However, any statement that is postmarked by the | 
| 383 | United States Postal Service by midnight on the due date is | 
| 384 | deemed to have been filed in a timely manner, and a certificate | 
| 385 | of mailing obtained from and dated by the United States Postal | 
| 386 | Service at the time of the mailing, or a receipt from an | 
| 387 | established courier company that bears a date on or before the | 
| 388 | due date, constitutes proof of mailing in a timely manner. | 
| 389 | (f) (e)If a reporting individual or procurement employee | 
| 390 | has not received any gifts described in paragraph (a) during a | 
| 391 | calendar quarter, he or she is not required to file a statement | 
| 392 | under this subsection for that calendar quarter. | 
| 393 | Section 7.  Subsection (6) of section 112.3149, Florida | 
| 394 | Statutes, is amended to read: | 
| 395 | 112.3149  Solicitation and disclosure of honoraria.-- | 
| 396 | (6)  A reporting individual or procurement employee who | 
| 397 | receives payment or provision of expenses related to any | 
| 398 | honorarium event from a person who is prohibited by subsection | 
| 399 | (4) from paying an honorarium to a reporting individual or | 
| 400 | procurement employee shall publicly disclose on an annual | 
| 401 | statement the name, address, and affiliation of the person | 
| 402 | paying or providing the expenses; the amount of the honorarium | 
| 403 | expenses; the date of the honorarium event; a description of the | 
| 404 | expenses paid or provided on each day of the honorarium event; | 
| 405 | and the total value of the expenses provided to the reporting | 
| 406 | individual or procurement employee in connection with the | 
| 407 | honorarium event. The annual statement of honorarium expenses | 
| 408 | shall be filed by July 1 of each year for those suchexpenses | 
| 409 | received during the previous calendar year. The reporting | 
| 410 | individual or procurement employee shall attach to the annual | 
| 411 | statement a copy of each statement received by him or her in | 
| 412 | accordance with subsection (5) regarding honorarium expenses | 
| 413 | paid or provided during the calendar year for which the annual | 
| 414 | statement is filed. The Suchattached statement shall become a | 
| 415 | public record upon the filing of the annual report. The annual | 
| 416 | statement of a reporting individual shall be filed with the | 
| 417 | financial disclosure statement required by either s. 8, Art. II | 
| 418 | of the State Constitution or s. 112.3145, as applicable to the | 
| 419 | reporting individual. The annual statement of a procurement | 
| 420 | employee shall be filed with the Commission on Ethics. The | 
| 421 | statement filed by a reporting individual or procurement | 
| 422 | employee who left office or employment during the calendar year | 
| 423 | covered by the statement shall be filed by July 1 of the year | 
| 424 | after leaving office or employment at the same location as his | 
| 425 | or her final financial disclosure statement or, in the case of a | 
| 426 | former procurement employee, with the Commission on Ethics. | 
| 427 | Section 8.  Subsections (1), (2), (6), (7), and (8) of | 
| 428 | section 112.317, Florida Statutes, are amended to read: | 
| 429 | 112.317  Penalties.-- | 
| 430 | (1)  Violation of any provision of this part, including, | 
| 431 | but not limited to, any failure to file any disclosures required | 
| 432 | by this part or violation of any standard of conduct imposed by | 
| 433 | this part, or violation of any provision of s. 8, Art. II of the | 
| 434 | State Constitution, in addition to any criminal penalty or other | 
| 435 | civil penalty involved, shall, under pursuant toapplicable | 
| 436 | constitutional and statutory procedures, constitute grounds for, | 
| 437 | and may be punished by, one or more of the following: | 
| 438 | (a)  In the case of a public officer: | 
| 439 | 1.  Impeachment. | 
| 440 | 2.  Removal from office. | 
| 441 | 3.  Suspension from office. | 
| 442 | 4.  Public censure and reprimand. | 
| 443 | 5.  Forfeiture of no more than one-third salary per month | 
| 444 | for no more than 12 months. | 
| 445 | 6.  A civil penalty not to exceed $10,000. | 
| 446 | 7.  Restitution of any pecuniary benefits received because | 
| 447 | of the violation committed. The commission may recommend that | 
| 448 | the restitution penalty be paid to the agency of which the | 
| 449 | public officer was a member or to the General Revenue Fund. | 
| 450 | (b)  In the case of an employee or a person designated as a | 
| 451 | public officer by this part who otherwise would be deemed to be | 
| 452 | an employee: | 
| 453 | 1.  Dismissal from employment. | 
| 454 | 2.  Suspension from employment for not more than 90 days | 
| 455 | without pay. | 
| 456 | 3.  Demotion. | 
| 457 | 4.  Reduction in salary level. | 
| 458 | 5.  Forfeiture of no more than one-third salary per month | 
| 459 | for no more than 12 months. | 
| 460 | 6.  A civil penalty not to exceed $10,000. | 
| 461 | 7.  Restitution of any pecuniary benefits received because | 
| 462 | of the violation committed. The commission may recommend that | 
| 463 | the restitution penalty be paid to the agency by which the | 
| 464 | public employee was employed, or of which the officer was deemed | 
| 465 | to be an employee, or to the General Revenue Fund. | 
| 466 | 8.  Public censure and reprimand. | 
| 467 | (c)  In the case of a candidate who violates the provisions | 
| 468 | of this part or s. 8(a) and (i), Art. II of the State | 
| 469 | Constitution: | 
| 470 | 1.  Disqualification from being on the ballot. | 
| 471 | 2.  Public censure. | 
| 472 | 3.  Reprimand. | 
| 473 | 4.  A civil penalty not to exceed $10,000. | 
| 474 | (d)  In the case of a former public officer or employee who | 
| 475 | has violated a provision applicable to former officers or | 
| 476 | employees or whose violation occurred before the prior to such | 
| 477 | officer's or employee's leaving public office or employment: | 
| 478 | 1.  Public censure and reprimand. | 
| 479 | 2.  A civil penalty not to exceed $10,000. | 
| 480 | 3.  Restitution of any pecuniary benefits received because | 
| 481 | of the violation committed. The commission may recommend that | 
| 482 | the restitution penalty be paid to the agency by which the | 
| 483 | public employee was employed, or of which the officer was deemed | 
| 484 | to be an employee, or to the General Revenue Fund. | 
| 485 | (2)  In any case in which the commission finds a violation | 
| 486 | of this part or of s. 8, Art. II of the State Constitution and | 
| 487 | the proper disciplinary official or body under s. 112.324 | 
| 488 | imposes recommendsa civil penalty or restitution penalty, the | 
| 489 | Attorney General shall bring a civil action to recover such | 
| 490 | penalty. No defense may be raised in the civil action to enforce | 
| 491 | the civil penalty or order of restitution that could have been | 
| 492 | raised by judicial review of the administrative findings and | 
| 493 | recommendations of the commission by certiorari to the district | 
| 494 | court of appeal. The Attorney General shall collect any costs, | 
| 495 | attorney's fees, expert witness fees, or other costs of | 
| 496 | collection incurred in bringing the action. | 
| 497 | (6)  Any person who willfully discloses, or permits to be | 
| 498 | disclosed, his or her intention to file a complaint, the | 
| 499 | existence or contents of a complaint which has been filed with | 
| 500 | the commission, or any document, action, or proceeding in | 
| 501 | connection with a confidential preliminary investigation of the | 
| 502 | commission, before such complaint, document, action, or | 
| 503 | proceeding becomes a public record as provided herein commits a | 
| 504 | misdemeanor of the first degree, punishable as provided in s. | 
| 505 | 775.082 or s. 775.083. | 
| 506 | (6) (7)In any case in which the commission finds probable | 
| 507 | cause to believe that a complainant has committed perjury in | 
| 508 | regard to any document filed with, or any testimony given | 
| 509 | before, the commission, it shall refer such evidence to the | 
| 510 | appropriate law enforcement agency for prosecution and taxation | 
| 511 | of costs. | 
| 512 | (7) (8)In any case in which the commission determines that | 
| 513 | a person has filed a complaint against a public officer or | 
| 514 | employee with a malicious intent to injure the reputation of | 
| 515 | such officer or employee by filing the complaint with knowledge | 
| 516 | that the complaint contains one or more false allegations or | 
| 517 | with reckless disregard for whether the complaint contains false | 
| 518 | allegations of fact material to a violation of this part, the | 
| 519 | complainant shall be liable for costs plus reasonable attorney's | 
| 520 | fees incurred in the defense of the person complained against, | 
| 521 | including the costs and reasonable attorney's fees incurred in | 
| 522 | proving entitlement to and the amount of costs and fees. If the | 
| 523 | complainant fails to pay such costs and fees voluntarily within | 
| 524 | 30 days following such finding by the commission, the commission | 
| 525 | shall forward such information to the Department of Legal | 
| 526 | Affairs, which shall bring a civil action in a court of | 
| 527 | competent jurisdiction to recover the amount of such costs and | 
| 528 | fees awarded by the commission. | 
| 529 | Section 9.  Section 112.3185, Florida Statutes, is amended | 
| 530 | to read: | 
| 531 | 112.3185  Additional standards for state agency employees | 
| 532 | Contractual services.-- | 
| 533 | (1)  For the purposes of this section: | 
| 534 | (a)  "Contractual services" shall be defined as set forth | 
| 535 | in chapter 287. | 
| 536 | (b)  "Agency" means any state officer, department, board, | 
| 537 | commission, or council of the executive or judicial branch of | 
| 538 | state government and includes the Public Service Commission. | 
| 539 | (2)  No agency employee who participates through decision, | 
| 540 | approval, disapproval, recommendation, preparation of any part | 
| 541 | of a purchase request, influencing the content of any | 
| 542 | specification or procurement standard, rendering of advice, | 
| 543 | investigation, or auditing or in any other advisory capacity in | 
| 544 | the procurement of contractual services shall become or be, | 
| 545 | while an agency employee, the employee of a person contracting | 
| 546 | with the agency by whom the employee is employed. | 
| 547 | (3)  No agency employee shall, after retirement or | 
| 548 | termination, have or hold any employment or contractual | 
| 549 | relationship with any business entity other than an agency in | 
| 550 | connection with any contract in which the agency employee | 
| 551 | participated personally and substantially through decision, | 
| 552 | approval, disapproval, recommendation, rendering of advice, or | 
| 553 | investigation while an officer or employee. When the agency | 
| 554 | employee's position is eliminated and his or her duties are | 
| 555 | performed by the business entity, this subsection does not | 
| 556 | prohibit his or her employment or contractual relationship with | 
| 557 | the business entity if the employee's participation in the | 
| 558 | contract was limited to recommendation, rendering of advice, or | 
| 559 | investigation and if the agency head determines that the best | 
| 560 | interests of the state will be served thereby and provides prior | 
| 561 | written approval for the particular employee. | 
| 562 | (4)  No agency employee shall, within 2 years after | 
| 563 | retirement or termination, have or hold any employment or | 
| 564 | contractual relationship with any business entity other than an | 
| 565 | agency in connection with any contract for contractual services | 
| 566 | which was within his or her responsibility while an employee. If | 
| 567 | the agency employee's position is eliminated and his or her | 
| 568 | duties are performed by the business entity, the provisions of | 
| 569 | this subsection may be waived by the agency head through prior | 
| 570 | written approval for a particular employee if the agency head | 
| 571 | determines that the best interests of the state will be served | 
| 572 | thereby. | 
| 573 | (5)  The sum of money paid to a former agency employee | 
| 574 | during the first year after the cessation of his or her | 
| 575 | responsibilities, by the agency with whom he or she was | 
| 576 | employed, for contractual services provided to the agency, shall | 
| 577 | not exceed the annual salary received on the date of cessation | 
| 578 | of his or her responsibilities. The provisions ofThis | 
| 579 | subsection may be waived by the agency head for a particular | 
| 580 | contract if the agency head determines that such waiver will | 
| 581 | result in significant time or cost savings for the state. | 
| 582 | (6)  No agency employee shall, after retirement or | 
| 583 | termination, represent or advise for compensation another person | 
| 584 | or entity, except the state, in any matter in which the employee | 
| 585 | participated personally and substantially in his or her official | 
| 586 | capacity through decision, approval, disapproval, | 
| 587 | recommendation, rendering of advice, investigation, or otherwise | 
| 588 | while an employee. The term "matter" includes any judicial or | 
| 589 | other proceeding, application, request for a ruling, or other | 
| 590 | determination, contract, claim, controversy, investigation, | 
| 591 | charge, accusation, arrest, or other particular action involving | 
| 592 | a specific party or parties. | 
| 593 | (7) (6)No agency employee acting in an official capacity | 
| 594 | shall directly or indirectly procure contractual services for | 
| 595 | his or her own agency from any business entity of which a | 
| 596 | relative is an officer, partner, director, or proprietor or in | 
| 597 | which the suchofficer or employee or his or her spouse or | 
| 598 | child, or any combination of them, has a material interest. | 
| 599 | (8) (7)A violation of any provision of this section is | 
| 600 | punishable in accordance with s. 112.317. | 
| 601 | (9) (8)This section is not applicable to any employee of | 
| 602 | the Public Service Commission who was so employed on or before | 
| 603 | December 31, 1994. | 
| 604 | Section 10.  Subsection (1) of section 112.321, Florida | 
| 605 | Statutes, is amended to read: | 
| 606 | 112.321  Membership, terms; travel expenses; staff.-- | 
| 607 | (1)  The commission shall be composed of nine members. Five | 
| 608 | of these members shall be appointed by the Governor, no more | 
| 609 | than three of whom shall be from the same political party, | 
| 610 | subject to confirmation by the Senate. One member appointed by | 
| 611 | the Governor shall be a former city or county official and may | 
| 612 | be a former member of a local planning or zoning board which has | 
| 613 | only advisory duties. Two members shall be appointed by the | 
| 614 | Speaker of the House of Representatives, and two members shall | 
| 615 | be appointed by the President of the Senate. Neither the Speaker | 
| 616 | of the House of Representatives nor the President of the Senate | 
| 617 | shall appoint more than one member from the same political | 
| 618 | party. Of the nine members of the commission, no more than five | 
| 619 | members shall be from the same political party at any one time. | 
| 620 | No member may hold any public employment. An individual who | 
| 621 | qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or | 
| 622 | pursuant to any local government charter or ordinance may not | 
| 623 | serve as a member of the commission, except that this | 
| 624 | prohibition does not apply to an individual who is a member of | 
| 625 | the commission on October 1, 2006, until the expiration of his | 
| 626 | or her current term. A member of the commission may not lobby | 
| 627 | any state or local governmental entity as provided in s. 11.045 | 
| 628 | or s. 112.3215 or as provided by any local government charter or | 
| 629 | ordinance, except that this prohibition does not apply to an | 
| 630 | individual who is a member of the commission on October 1, 2006, | 
| 631 | until the expiration of his or her current term. All members | 
| 632 | shall serve 2-year terms. No member shall serve more than two | 
| 633 | full terms in succession. Any member of the commission may be | 
| 634 | removed for cause by majority vote of the Governor, the | 
| 635 | President of the Senate, the Speaker of the House of | 
| 636 | Representatives, and the Chief Justice of the Supreme Court. | 
| 637 | Section 11.  Paragraph (f) of subsection (5) of section | 
| 638 | 112.3215, Florida Statutes, is amended to read: | 
| 639 | 112.3215  Lobbyists before the executive branch or the | 
| 640 | Constitution Revision Commission; registration and reporting; | 
| 641 | investigation by commission.-- | 
| 642 | (5) | 
| 643 | (f)  The commission shall provide by rule the grounds for | 
| 644 | waiving a fine, the procedures a procedureby which a lobbyist | 
| 645 | who fails to timely file a report shall be notified and assessed | 
| 646 | fines, and the procedure for appealing the fines. The rule shall | 
| 647 | provide for the following: | 
| 648 | 1.  Upon determining that the report is late, the person | 
| 649 | designated to review the timeliness of reports shall immediately | 
| 650 | notify the lobbyist as to the failure to timely file the report | 
| 651 | and that a fine is being assessed for each late day. The fine | 
| 652 | shall be $50 per day per report for each late day up to a | 
| 653 | maximum of $5,000 per late report. | 
| 654 | 2.  Upon receipt of the report, the person designated to | 
| 655 | review the timeliness of reports shall determine the amount of | 
| 656 | the fine due based upon the earliest of the following: | 
| 657 | a.  When a report is actually received by the lobbyist | 
| 658 | registration and reporting office. | 
| 659 | b.  When the report is postmarked. | 
| 660 | c.  When the certificate of mailing is dated. | 
| 661 | d.  When the receipt from an established courier company is | 
| 662 | dated. | 
| 663 | 3.  Such fine shall be paid within 30 days after the notice | 
| 664 | of payment due is transmitted by the Lobbyist Registration | 
| 665 | Office, unless appeal is made to the commission. The moneys | 
| 666 | shall be deposited into the Executive Branch Lobby Registration | 
| 667 | Trust Fund. | 
| 668 | 4.  A fine shall not be assessed against a lobbyist the | 
| 669 | first time any reports for which the lobbyist is responsible are | 
| 670 | not timely filed. However, to receive the one-time fine waiver, | 
| 671 | all reports for which the lobbyist is responsible must be filed | 
| 672 | within 30 days after the notice that any reports have not been | 
| 673 | timely filed is transmitted by the Lobbyist Registration Office. | 
| 674 | A fine shall be assessed for any subsequent late-filed reports. | 
| 675 | 5.  Any lobbyist may appeal or dispute a fine, based upon | 
| 676 | unusual circumstances surrounding the failure to file on the | 
| 677 | designated due date, and may request and shall be entitled to a | 
| 678 | hearing before the commission, which shall have the authority to | 
| 679 | waive the fine in whole or in part for good cause shown. Any | 
| 680 | suchrequest shall be made within 30 days after the notice of | 
| 681 | payment due is transmitted by the Lobbyist Registration Office. | 
| 682 | In such case, the lobbyist shall, within the 30-day period, | 
| 683 | notify the person designated to review the timeliness of reports | 
| 684 | in writing of his or her intention to bring the matter before | 
| 685 | the commission. | 
| 686 | 6.  The person designated to review the timeliness of | 
| 687 | reports shall notify the commission of the failure of a lobbyist | 
| 688 | to file a report after notice or of the failure of a lobbyist to | 
| 689 | pay the fine imposed. The registration of a lobbyist who fails | 
| 690 | to timely pay a fine is automatically suspended until the fine | 
| 691 | is paid, unless an appeal of the fine is pending before the | 
| 692 | commission. The commission shall provide a written suspension | 
| 693 | notice to each lobbyist whose registration has been | 
| 694 | automatically suspended. | 
| 695 | 7.  Notwithstanding any provision of chapter 120, any fine | 
| 696 | imposed under this subsection that is not waived by final order | 
| 697 | of the commission and that remains unpaid more than 60 days | 
| 698 | after the notice of payment due or more than 60 days after the | 
| 699 | commission renders a final order on the lobbyist's appeal shall | 
| 700 | be collected by the Department of Financial Services as a claim, | 
| 701 | debt, or other obligation owed to the state, and the department | 
| 702 | may assign the collection of such fine to a collection agent as | 
| 703 | provided in s. 17.20. | 
| 704 | Section 12.  Subsection (4) of section 112.322, Florida | 
| 705 | Statutes, is amended to read: | 
| 706 | 112.322  Duties and powers of commission.-- | 
| 707 | (4)  The commission has the power to subpoena, audit, and | 
| 708 | investigate. The commission may subpoena witnesses and compel | 
| 709 | their attendance and testimony, administer oaths and | 
| 710 | affirmations, take evidence, and require by subpoena the | 
| 711 | production of any books, papers, records, or other items | 
| 712 | relevant to the performance of the duties of the commission or | 
| 713 | to the exercise of its powers. The commission may delegate to | 
| 714 | its investigators the authority to administer oaths and | 
| 715 | affirmations. The commission may delegate the authority to issue | 
| 716 | subpoenas to its chair, and may authorize its employees to serve | 
| 717 | any subpoena issued under this section. In the case of a refusal | 
| 718 | to obey a subpoena issued to any person, the commission may make | 
| 719 | application to any circuit court of this state which shall have | 
| 720 | jurisdiction to order the witness to appear before the | 
| 721 | commission and to produce evidence, if so ordered, or to give | 
| 722 | testimony touching on the matter in question. Failure to obey | 
| 723 | the order may be punished by the court as contempt. Witnesses | 
| 724 | shall be paid mileage and witnesses fees as authorized for | 
| 725 | witnesses in civil cases, except that a witness who is required | 
| 726 | to travel outside the county of his or her residence to testify | 
| 727 | is entitled to per diem and travel expenses at the same rate | 
| 728 | provided for state employees under s. 112.061, to be paid after | 
| 729 | the witness appears. | 
| 730 | Section 13.  Subsections (3) and (4) of section 914.21, | 
| 731 | Florida Statutes, are amended to read: | 
| 732 | 914.21  Definitions.--As used in ss. 914.22-914.24, the | 
| 733 | term: | 
| 734 | (3)  "Official investigation" means any investigation | 
| 735 | instituted by a law enforcement agency or prosecuting officer of | 
| 736 | the state or a political subdivision of the state or the | 
| 737 | Commission on Ethics. | 
| 738 | (4)  "Official proceeding" means: | 
| 739 | (a)  A proceeding before a judge or court or a grand jury; | 
| 740 | (b)  A proceeding before the Legislature; or | 
| 741 | (c)  A proceeding before a federal agency which is | 
| 742 | authorized by law; or . | 
| 743 | (d)  A proceeding before the Commission on Ethics. | 
| 744 | Section 14.  This act shall take effect October 1, 2006. |