HB 0493

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to ethics for public officers and
7	employees; amending s. 104.31, F.S.; prohibiting employees
8	of the state and its political subdivisions from
9	participating in a political campaign, for which there are
10	penalties; amending s. 112.313, F.S.; prohibiting certain
11	disclosures by a former public officer, agency employee,
12	or local government attorney, for which there are
13	penalties; redefining the term "employee" to include
14	certain other-personal-services employees for certain
15	postemployment activities; exempting certain agency
16	employees from applicability of postemployment
17	restrictions; providing an exemption from provisions
18	prohibiting conflicts in employment to a person who, after
19	serving on an advisory board, files a statement with the
20	Commission on Ethics relating to a bid or submission;
21	providing definitions; amending s. 112.3144, F.S.;
22	specifying how assets valued in excess of a specified
23	amount are to be reported by a reporting individual;
24	amending s. 112.3145, F.S.; requiring that a delinquency
25	notice be sent to certain officeholders by certified mail,
26	return receipt requested; amending s. 112.3147, F.S.;
27	deleting provisions relating to the reporting of assets
28	valued in excess of a specified amount, to conform;
29	amending s. 112.3148, F.S.; providing requirements for
30	persons who have left office or employment as to filing a
31	report relating to gifts; providing requirements relating
32	to the deadline for and timeliness of gift reports;
33	amending s. 112.3149, F.S.; requiring that a report of
34	honoraria by a person who left office or employment be
35	filed by a specified date; amending s. 112.317, F.S.;
36	authorizing the commission to recommend a restitution
37	penalty be paid to the agency of which the public officer
38	was a member or by which the public employee was employed
39	or to the General Revenue Fund; authorizing the Attorney
40	General to recover costs for filing suit to collect
41	penalties and fines; deleting provisions imposing a
42	penalty for the disclosure of information concerning a
43	complaint or an investigation; amending s. 112.3185, F.S.;
44	providing additional standards for state agency employees
45	relating to procurement of goods and services by a state
46	agency; authorizing an employee whose position was
47	eliminated to engage in certain contractual activities;
48	amending s. 112.321, F.S.; prohibiting an individual who
49	qualifies as a lobbyist from serving on the commission;
50	prohibiting a member of the commission from lobbying any
51	state or local governmental entity; providing exceptions
52	for individuals who are members of the commission on the
53	effective date of the act until the expiration of their
54	current terms; amending s. 112.3215, F.S.; requiring the
55	commission to adopt a rule detailing the grounds for
56	waiving a fine and the procedures to be followed when a
57	lobbyist fails to timely file his or her report; requiring
58	automatic suspension of certain lobbyist registrations if
59	the fine is not timely paid; requiring the commission to
60	provide written notice to any lobbyist whose registration
61	is automatically suspended; amending s. 112.322, F.S.;
62	authorizing travel and per diem expenses for certain
63	witnesses; amending s. 914.21, F.S.; redefining the terms
64	"official investigation" and "official proceeding," for
65	purposes of provisions relating to tampering with
66	witnesses, to include an investigation by the commission;
67	providing an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Present subsections (2) and (3) of section
72	104.31, Florida Statutes, are renumbered as subsections (3) and
73	(4), respectively, and a new subsection (2) is added to that
74	section to read:
75	104.31  Political activities of state, county, and
76	municipal officers and employees.--
77	(2)  An employee of the state or any political subdivision
78	may not participate in any political campaign for an elective
79	office while on duty.
80	Section 2.  Subsection (8), paragraph (a) of subsection
81	(9), paragraph (b) of subsection (12), and subsection (14) of
82	section 112.313, Florida Statutes, are amended to read:
83	112.313  Standards of conduct for public officers,
84	employees of agencies, and local government attorneys.--
85	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
86	or former public officer, employee of an agency, or local
87	government attorney shall disclose or use information not
88	available to members of the general public and gained by reason
89	of his or her official position, except for information relating
90	exclusively to governmental practices, for his or her personal
91	gain or benefit or for the personal gain or benefit of any other
92	person or business entity.
93	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
94	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
95	(a)1.  It is the intent of the Legislature to implement by
96	statute the provisions of s. 8(e), Art. II of the State
97	Constitution relating to legislators, statewide elected
98	officers, appointed state officers, and designated public
99	employees.
100	2.  As used in this paragraph:
101	a.  "Employee" means:
102	(I)  Any person employed in the executive or legislative
103	branch of government holding a position in the Senior Management
104	Service as defined in s. 110.402 or any person holding a
105	position in the Selected Exempt Service as defined in s. 110.602
106	or any person having authority over policy or procurement
107	employed by the Department of the Lottery.
108	(II)  The Auditor General, the director of the Office of
109	Program Policy Analysis and Government Accountability, the
110	Sergeant at Arms and Secretary of the Senate, and the Sergeant
111	at Arms and Clerk of the House of Representatives.
112	(III)  The executive director of the Legislative Committee
113	on Intergovernmental Relations and the executive director and
114	deputy executive director of the Commission on Ethics.
115	(IV)  An executive director, staff director, or deputy
116	staff director of each joint committee, standing committee, or
117	select committee of the Legislature; an executive director,
118	staff director, executive assistant, analyst, or attorney of the
119	Office of the President of the Senate, the Office of the Speaker
120	of the House of Representatives, the Senate Majority Party
121	Office, Senate Minority Party Office, House Majority Party
122	Office, or House Minority Party Office; or any person, hired on
123	a contractual basis, having the power normally conferred upon
124	such persons, by whatever title.
125	(V)  The Chancellor and Vice Chancellors of the State
126	University System; the general counsel to the Board of Regents;
127	and the president, vice presidents, and deans of each state
128	university.
129	(VI)  Any person, including an other-personal-services
130	employee, having the power normally conferred upon the positions
131	referenced in this sub-subparagraph.
132	b.  "Appointed state officer" means any member of an
133	appointive board, commission, committee, council, or authority
134	of the executive or legislative branch of state government whose
135	powers, jurisdiction, and authority are not solely advisory and
136	include the final determination or adjudication of any personal
137	or property rights, duties, or obligations, other than those
138	relative to its internal operations.
139	c.  "State agency" means an entity of the legislative,
140	executive, or judicial branch of state government over which the
141	Legislature exercises plenary budgetary and statutory control.
142	3.  No member of the Legislature, appointed state officer,
143	or statewide elected officer shall personally represent another
144	person or entity for compensation before the government body or
145	agency of which the individual was an officer or member for a
146	period of 2 years following vacation of office. No member of the
147	Legislature shall personally represent another person or entity
148	for compensation during his or her term of office before any
149	state agency other than judicial tribunals or in settlement
150	negotiations after the filing of a lawsuit.
151	4.  No agency employee shall personally represent another
152	person or entity for compensation before the agency with which
153	he or she was employed for a period of 2 years following
154	vacation of position, unless employed by another agency of state
155	government.
156	5.  Any person violating this paragraph shall be subject to
157	the penalties provided in s. 112.317 and a civil penalty of an
158	amount equal to the compensation which the person receives for
159	the prohibited conduct.
160	6.  This paragraph is not applicable to:
161	a.  A person employed by the Legislature or other agency
162	prior to July 1, 1989;
163	b.  A person who was employed by the Legislature or other
164	agency on July 1, 1989, whether or not the person was a defined
165	employee on July 1, 1989;
166	c.  A person who was a defined employee of the State
167	University System or the Public Service Commission who held such
168	employment on December 31, 1994;
169	d.  A person who has reached normal retirement age as
170	defined in s. 121.021(29), and who has retired under the
171	provisions of chapter 121 by July 1, 1991; or
172	e.  Any appointed state officer whose term of office began
173	before January 1, 1995, unless reappointed to that office on or
174	after January 1, 1995.
175	7.  This paragraph does not apply to an agency employee who
176	was employed on July 1, 2001, in a Career Service System
177	position that was transferred to the Selected Exempt Service
178	System under chapter 2001-43, Laws of Florida.
179	(12)  EXEMPTION.--The requirements of subsections (3) and
180	(7) as they pertain to persons serving on advisory boards may be
181	waived in a particular instance by the body which appointed the
182	person to the advisory board, upon a full disclosure of the
183	transaction or relationship to the appointing body prior to the
184	waiver and an affirmative vote in favor of waiver by two-thirds
185	vote of that body. In instances in which appointment to the
186	advisory board is made by an individual, waiver may be effected,
187	after public hearing, by a determination by the appointing
188	person and full disclosure of the transaction or relationship by
189	the appointee to the appointing person. In addition, no person
190	shall be held in violation of subsection (3) or subsection (7)
191	if:
192	(b)  The business is awarded under a system of sealed,
193	competitive bidding to the lowest or best bidder and:
194	1.  The official or the official's spouse or child has in
195	no way participated in the determination of the bid
196	specifications or the determination of the lowest or best
197	bidder;
198	2.  The official or the official's spouse or child has in
199	no way used or attempted to use the official's influence to
200	persuade the agency or any personnel thereof to enter such a
201	contract other than by the mere submission of the bid; and
202	3.  The official, prior to or at the time of the submission
203	of the bid, has filed a statement with the Commission on Ethics
204	Department of State, if the official is a state officer or
205	employee, or with the supervisor of elections of the county in
206	which the agency has its principal office, if the official is an
207	officer or employee of a political subdivision, disclosing the
208	official's interest, or the interest of the official's spouse or
209	child, and the nature of the intended business.
210	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
211	person who has been elected to any county, municipal, special
212	district, or school district office may not personally represent
213	another person or entity for compensation before the government
214	governing body or agency of which the person was an officer for
215	a period of 2 years after vacating that office. For purposes of
216	this subsection:
217	(a)  The "government body or agency" of a member of a board
218	of county commissioners consists of the commission, the chief
219	administrative officer or employee of the county, and their
220	immediate support staff.
221	(b)  The "government body or agency" of any other county
222	elected officer is the office or department headed by that
223	officer, including all subordinate employees.
224	(c)  The "government body or agency" of an elected
225	municipal officer consists of the governing body of the
226	municipality, the chief administrative officer or employee of
227	the municipality, and their immediate support staff.
228	(d)  The "government body or agency" of an elected special
229	district officer is the special district.
230	(e)  The "government body or agency" of an elected school
231	district officer is the school district.
232	Section 3.  Present subsections (4), (5), and (6) of
233	section 112.3144, Florida Statutes, are renumbered as
234	subsections (5), (6), and (7), respectively, paragraph (g) of
235	present subsection (4) is amended, and a new subsection (4) is
236	added to that section, to read:
237	112.3144  Full and public disclosure of financial
238	interests.--
239	(4)(a)  With respect to reporting, on forms prescribed
240	under this section, assets valued in excess of $1,000 that the
241	reporting individual holds jointly with another person, the
242	amount reported shall be based on the reporting individual's
243	legal percentage of ownership in the property. However, assets
244	that are held jointly with right of survivorship must be
245	reported at 100 percent of the value of the asset. For purposes
246	of this subsection, a reporting individual is deemed to own a
247	percentage of a partnership that is equal to the reporting
248	individual's interest in the capital or equity of the
249	partnership.
250	(b)1.  With respect to reporting, on forms prescribed under
251	this section, liabilities valued in excess of $1,000 for which
252	the reporting individual is jointly and severally liable, the
253	amount reported shall be based on the reporting individual's
254	percentage of liability rather than the total amount of the
255	liability. However, liability for a debt that is secured by
256	property owned by the reporting individual but that is held
257	jointly with right of survivorship must be reported at 100
258	percent of the total amount owed.
259	2.  A separate section of the form shall be created to
260	provide for the reporting of the amounts of joint and several
261	liability of the reporting individual not otherwise reported in
262	subparagraph 1.
263	(5)(4)  Forms for compliance with the full and public
264	disclosure requirements of s. 8, Art. II of the State
265	Constitution shall be created by the Commission on Ethics. The
266	commission shall give notice of disclosure deadlines and
267	delinquencies and distribute forms in the following manner:
268	(g)  The notification requirements and fines of this
269	subsection do not apply to candidates or to the first filing
270	required of any person appointed to elective constitutional
271	office or other position required to file full and public
272	disclosure, unless the person's name is on the commission's
273	notification list and the person received notification from the
274	commission. The appointing official shall notify such newly
275	appointed person of the obligation to file full and public
276	disclosure by July 1. The notification requirements and fines of
277	this subsection do not apply to the final filing provided for in
278	subsection (6)(5).
279	Section 4.  Paragraph (c) of subsection (6) of section
280	112.3145, Florida Statutes, is amended to read:
281	112.3145  Disclosure of financial interests and clients
282	represented before agencies.--
283	(6)  Forms for compliance with the disclosure requirements
284	of this section and a current list of persons subject to
285	disclosure shall be created by the commission and provided to
286	each supervisor of elections. The commission and each supervisor
287	of elections shall give notice of disclosure deadlines and
288	delinquencies and distribute forms in the following manner:
289	(c)  Not later than 30 days after July 1 of each year, the
290	commission and each supervisor of elections shall determine
291	which persons required to file a statement of financial
292	interests in their respective offices have failed to do so and
293	shall send delinquency notices by certified mail, return receipt
294	requested, to these such persons. Each notice shall state that a
295	grace period is in effect until September 1 of the current year;
296	that no investigative or disciplinary action based upon the
297	delinquency will be taken by the agency head or commission if
298	the statement is filed by September 1 of the current year; that,
299	if the statement is not filed by September 1 of the current
300	year, a fine of $25 for each day late will be imposed, up to a
301	maximum penalty of $1,500; for notices sent by a supervisor of
302	elections, that he or she is required by law to notify the
303	commission of the delinquency; and that, if upon the filing of a
304	sworn complaint the commission finds that the person has failed
305	to timely file the statement within 60 days after September 1 of
306	the current year, such person will also be subject to the
307	penalties provided in s. 112.317.
308	Section 5.  Section 112.3147, Florida Statutes, is amended
309	to read:
310	112.3147  Forms.--
311	(1)  All information required to be furnished by ss.
312	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
313	and by s. 8, Art. II of the State Constitution shall be on forms
314	prescribed by the Commission on Ethics.
315	(2)(a)  With respect to reporting assets valued in excess
316	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
317	reporting individual holds jointly with another person, the
318	amount reported shall be based on the reporting individual's
319	legal percentage of ownership in the property, except that
320	assets held jointly with the reporting individual's spouse shall
321	be reported at 100 percent of the value of the asset. For
322	purposes of this subsection, a reporting individual is deemed to
323	own an interest in a partnership which corresponds to the
324	reporting individual's interest in the capital or equity of the
325	partnership.
326	(b)1.  With respect to reporting liabilities valued in
327	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
328	which the reporting individual is jointly and severally liable,
329	the amount reported shall be based upon the reporting
330	individual's percentage of liability rather than the total
331	amount of the liability, except, a joint and several liability
332	with the reporting individual's spouse for a debt which relates
333	to property owned by both as tenants by the entirety shall be
334	reported at 100 percent of the total amount owed.
335	2.  A separate section of the form shall be created to
336	provide for the reporting of the amounts of joint and several
337	liability of the reporting individual not otherwise reported in
338	paragraph (a).
339	Section 6.  Paragraph (d) of subsection (6) and subsection
340	(8) of section 112.3148, Florida Statutes, are amended to read:
341	112.3148  Reporting and prohibited receipt of gifts by
342	individuals filing full or limited public disclosure of
343	financial interests and by procurement employees.--
344	(6)
345	(d)  No later than July 1 of each year, each reporting
346	individual or procurement employee shall file a statement
347	listing each gift having a value in excess of $100 received by
348	the reporting individual or procurement employee, either
349	directly or indirectly, from a governmental entity or a direct-
350	support organization specifically authorized by law to support a
351	governmental entity. The statement shall list the name of the
352	person providing the gift, a description of the gift, the date
353	or dates on which the gift was given, and the value of the total
354	gifts given during the calendar year for which the report is
355	made. The reporting individual or procurement employee shall
356	attach to the such statement any report received by him or her
357	in accordance with paragraph (c), which report shall become a
358	public record when filed with the statement of the reporting
359	individual or procurement employee. The reporting individual or
360	procurement employee may explain any differences between the
361	report of the reporting individual or procurement employee and
362	the attached reports. The annual report filed by a reporting
363	individual shall be filed with the financial disclosure
364	statement required by either s. 8, Art. II of the State
365	Constitution or s. 112.3145, as applicable to the reporting
366	individual. The annual report filed by a procurement employee
367	shall be filed with the Commission on Ethics. The report filed
368	by a reporting individual or procurement employee who left
369	office or employment during the calendar year covered by the
370	report shall be filed by July 1 of the year after leaving office
371	or employment at the same location as his or her final financial
372	disclosure statement or, in the case of a former procurement
373	employee, with the Commission on Ethics.
374	(8)(a)  Each reporting individual or procurement employee
375	shall file a statement with the Commission on Ethics not later
376	than on the last day of each calendar quarter, for the previous
377	calendar quarter, containing a list of gifts which he or she
378	believes to be in excess of $100 in value, if any, accepted by
379	him or her, for which compensation was not provided by the donee
380	to the donor within 90 days of receipt of the gift to reduce the
381	value to $100 or less, except the following:
382	1.  Gifts from relatives.
383	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
384	3.  Gifts otherwise required to be disclosed by this
385	section.
386	(b)  The statement shall include:
387	1.  A description of the gift, the monetary value of the
388	gift, the name and address of the person making the gift, and
389	the dates thereof. If any of these facts, other than the gift
390	description, are unknown or not applicable, the report shall so
391	state.
392	2.  A copy of any receipt for such gift provided to the
393	reporting individual or procurement employee by the donor.
394	(c)  The statement may include an explanation of any
395	differences between the reporting individual's or procurement
396	employee's statement and the receipt provided by the donor.
397	(d)  The reporting individual's or procurement employee's
398	statement shall be sworn to by such person as being a true,
399	accurate, and total listing of all such gifts.
400	(e)  Statements must be filed not later than 5 p.m. on the
401	due date. However, any statement that is postmarked by the
402	United States Postal Service by midnight on the due date is
403	deemed to have been filed in a timely manner, and a certificate
404	of mailing obtained from and dated by the United States Postal
405	Service at the time of the mailing, or a receipt from an
406	established courier company that bears a date on or before the
407	due date, constitutes proof of mailing in a timely manner.
408	(f)(e)  If a reporting individual or procurement employee
409	has not received any gifts described in paragraph (a) during a
410	calendar quarter, he or she is not required to file a statement
411	under this subsection for that calendar quarter.
412	Section 7.  Subsection (6) of section 112.3149, Florida
413	Statutes, is amended to read:
414	112.3149  Solicitation and disclosure of honoraria.--
415	(6)  A reporting individual or procurement employee who
416	receives payment or provision of expenses related to any
417	honorarium event from a person who is prohibited by subsection
418	(4) from paying an honorarium to a reporting individual or
419	procurement employee shall publicly disclose on an annual
420	statement the name, address, and affiliation of the person
421	paying or providing the expenses; the amount of the honorarium
422	expenses; the date of the honorarium event; a description of the
423	expenses paid or provided on each day of the honorarium event;
424	and the total value of the expenses provided to the reporting
425	individual or procurement employee in connection with the
426	honorarium event. The annual statement of honorarium expenses
427	shall be filed by July 1 of each year for those such expenses
428	received during the previous calendar year. The reporting
429	individual or procurement employee shall attach to the annual
430	statement a copy of each statement received by him or her in
431	accordance with subsection (5) regarding honorarium expenses
432	paid or provided during the calendar year for which the annual
433	statement is filed. The Such attached statement shall become a
434	public record upon the filing of the annual report. The annual
435	statement of a reporting individual shall be filed with the
436	financial disclosure statement required by either s. 8, Art. II
437	of the State Constitution or s. 112.3145, as applicable to the
438	reporting individual. The annual statement of a procurement
439	employee shall be filed with the Commission on Ethics. The
440	statement filed by a reporting individual or procurement
441	employee who left office or employment during the calendar year
442	covered by the statement shall be filed by July 1 of the year
443	after leaving office or employment at the same location as his
444	or her final financial disclosure statement or, in the case of a
445	former procurement employee, with the Commission on Ethics.
446	Section 8.  Subsections (1), (2), (6), (7), and (8) of
447	section 112.317, Florida Statutes, are amended to read:
448	112.317  Penalties.--
449	(1)  Violation of any provision of this part, including,
450	but not limited to, any failure to file any disclosures required
451	by this part or violation of any standard of conduct imposed by
452	this part, or violation of any provision of s. 8, Art. II of the
453	State Constitution, in addition to any criminal penalty or other
454	civil penalty involved, shall, under pursuant to applicable
455	constitutional and statutory procedures, constitute grounds for,
456	and may be punished by, one or more of the following:
457	(a)  In the case of a public officer:
458	1.  Impeachment.
459	2.  Removal from office.
460	3.  Suspension from office.
461	4.  Public censure and reprimand.
462	5.  Forfeiture of no more than one-third salary per month
463	for no more than 12 months.
464	6.  A civil penalty not to exceed $10,000.
465	7.  Restitution of any pecuniary benefits received because
466	of the violation committed. The commission may recommend that
467	the restitution penalty be paid to the agency of which the
468	public officer was a member or to the General Revenue Fund.
469	(b)  In the case of an employee or a person designated as a
470	public officer by this part who otherwise would be deemed to be
471	an employee:
472	1.  Dismissal from employment.
473	2.  Suspension from employment for not more than 90 days
474	without pay.
475	3.  Demotion.
476	4.  Reduction in salary level.
477	5.  Forfeiture of no more than one-third salary per month
478	for no more than 12 months.
479	6.  A civil penalty not to exceed $10,000.
480	7.  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	8.  Public censure and reprimand.
486	(c)  In the case of a candidate who violates the provisions
487	of this part or s. 8(a) and (i), Art. II of the State
488	Constitution:
489	1.  Disqualification from being on the ballot.
490	2.  Public censure.
491	3.  Reprimand.
492	4.  A civil penalty not to exceed $10,000.
493	(d)  In the case of a former public officer or employee who
494	has violated a provision applicable to former officers or
495	employees or whose violation occurred before the prior to such
496	officer's or employee's leaving public office or employment:
497	1.  Public censure and reprimand.
498	2.  A civil penalty not to exceed $10,000.
499	3.  Restitution of any pecuniary benefits received because
500	of the violation committed. The commission may recommend that
501	the restitution penalty be paid to the agency by which the
502	public employee was employed, or of which the officer was deemed
503	to be an employee, or to the General Revenue Fund.
504	(2)  In any case in which the commission finds a violation
505	of this part or of s. 8, Art. II of the State Constitution and
506	the proper disciplinary official or body under s. 112.324
507	imposes recommends a civil penalty or restitution penalty, the
508	Attorney General shall bring a civil action to recover such
509	penalty. No defense may be raised in the civil action to enforce
510	the civil penalty or order of restitution that could have been
511	raised by judicial review of the administrative findings and
512	recommendations of the commission by certiorari to the district
513	court of appeal. The Attorney General shall collect any costs,
514	attorney's fees, expert witness fees, or other costs of
515	collection incurred in bringing the action.
516	(6)  Any person who willfully discloses, or permits to be
517	disclosed, his or her intention to file a complaint, the
518	existence or contents of a complaint which has been filed with
519	the commission, or any document, action, or proceeding in
520	connection with a confidential preliminary investigation of the
521	commission, before such complaint, document, action, or
522	proceeding becomes a public record as provided herein commits a
523	misdemeanor of the first degree, punishable as provided in s.
524	775.082 or s. 775.083.
525	(6)(7)  In any case in which the commission finds probable
526	cause to believe that a complainant has committed perjury in
527	regard to any document filed with, or any testimony given
528	before, the commission, it shall refer such evidence to the
529	appropriate law enforcement agency for prosecution and taxation
530	of costs.
531	(7)(8)  In any case in which the commission determines that
532	a person has filed a complaint against a public officer or
533	employee with a malicious intent to injure the reputation of
534	such officer or employee by filing the complaint with knowledge
535	that the complaint contains one or more false allegations or
536	with reckless disregard for whether the complaint contains false
537	allegations of fact material to a violation of this part, the
538	complainant shall be liable for costs plus reasonable attorney's
539	fees incurred in the defense of the person complained against,
540	including the costs and reasonable attorney's fees incurred in
541	proving entitlement to and the amount of costs and fees. If the
542	complainant fails to pay such costs and fees voluntarily within
543	30 days following such finding by the commission, the commission
544	shall forward such information to the Department of Legal
545	Affairs, which shall bring a civil action in a court of
546	competent jurisdiction to recover the amount of such costs and
547	fees awarded by the commission.
548	Section 9.  Section 112.3185, Florida Statutes, is amended
549	to read:
550	112.3185  Additional standards for state agency employees
551	Contractual services.--
552	(1)  For the purposes of this section:
553	(a)  "Contractual services" shall be defined as set forth
554	in chapter 287.
555	(b)  "Agency" means any state officer, department, board,
556	commission, or council of the executive or judicial branch of
557	state government and includes the Public Service Commission.
558	(2)  No agency employee who participates through decision,
559	approval, disapproval, recommendation, preparation of any part
560	of a purchase request, influencing the content of any
561	specification or procurement standard, rendering of advice,
562	investigation, or auditing or in any other advisory capacity in
563	the procurement of contractual services shall become or be,
564	while an agency employee, the employee of a person contracting
565	with the agency by whom the employee is employed.
566	(3)  No agency employee shall, after retirement or
567	termination, have or hold any employment or contractual
568	relationship with any business entity other than an agency in
569	connection with any contract in which the agency employee
570	participated personally and substantially through decision,
571	approval, disapproval, recommendation, rendering of advice, or
572	investigation while an officer or employee. When the agency
573	employee's position is eliminated and his or her duties are
574	performed by the business entity, this subsection does not
575	prohibit his or her employment or contractual relationship with
576	the business entity if the employee's participation in the
577	contract was limited to recommendation, rendering of advice, or
578	investigation and if the agency head determines that the best
579	interests of the state will be served thereby and provides prior
580	written approval for the particular employee.
581	(4)  No agency employee shall, within 2 years after
582	retirement or termination, have or hold any employment or
583	contractual relationship with any business entity other than an
584	agency in connection with any contract for contractual services
585	which was within his or her responsibility while an employee. If
586	the agency employee's position is eliminated and his or her
587	duties are performed by the business entity, the provisions of
588	this subsection may be waived by the agency head through prior
589	written approval for a particular employee if the agency head
590	determines that the best interests of the state will be served
591	thereby.
592	(5)  The sum of money paid to a former agency employee
593	during the first year after the cessation of his or her
594	responsibilities, by the agency with whom he or she was
595	employed, for contractual services provided to the agency, shall
596	not exceed the annual salary received on the date of cessation
597	of his or her responsibilities. The provisions of This
598	subsection may be waived by the agency head for a particular
599	contract if the agency head determines that such waiver will
600	result in significant time or cost savings for the state.
601	(6)  No agency employee acting in an official capacity
602	shall directly or indirectly procure contractual services for
603	his or her own agency from any business entity of which a
604	relative is an officer, partner, director, or proprietor or in
605	which the such officer or employee or his or her spouse or
606	child, or any combination of them, has a material interest.
607	(7)  A violation of any provision of this section is
608	punishable in accordance with s. 112.317.
609	(8)  This section is not applicable to any employee of the
610	Public Service Commission who was so employed on or before
611	December 31, 1994.
612	Section 10.  Subsection (1) of section 112.321, Florida
613	Statutes, is amended to read:
614	112.321  Membership, terms; travel expenses; staff.--
615	(1)  The commission shall be composed of nine members. Five
616	of these members shall be appointed by the Governor, no more
617	than three of whom shall be from the same political party,
618	subject to confirmation by the Senate. One member appointed by
619	the Governor shall be a former city or county official and may
620	be a former member of a local planning or zoning board which has
621	only advisory duties. Two members shall be appointed by the
622	Speaker of the House of Representatives, and two members shall
623	be appointed by the President of the Senate. Neither the Speaker
624	of the House of Representatives nor the President of the Senate
625	shall appoint more than one member from the same political
626	party. Of the nine members of the commission, no more than five
627	members shall be from the same political party at any one time.
628	No member may hold any public employment. An individual who
629	qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
630	pursuant to any local government charter or ordinance may not
631	serve as a member of the commission, except that this
632	prohibition does not apply to an individual who is a member of
633	the commission on October 1, 2006, until the expiration of his
634	or her current term. A member of the commission may not lobby
635	any state or local governmental entity as provided in s. 11.045
636	or s. 112.3215 or as provided by any local government charter or
637	ordinance, except that this prohibition does not apply to an
638	individual who is a member of the commission on October 1, 2006,
639	until the expiration of his or her current term. All members
640	shall serve 2-year terms. No member shall serve more than two
641	full terms in succession. Any member of the commission may be
642	removed for cause by majority vote of the Governor, the
643	President of the Senate, the Speaker of the House of
644	Representatives, and the Chief Justice of the Supreme Court.
645	Section 11.  Paragraph (e) of subsection (5) of section
646	112.3215, Florida Statutes, as amended by chapter 2005-359, Laws
647	of Florida, is amended to read:
648	112.3215  Lobbying before the executive branch or the
649	Constitution Revision Commission; registration and reporting;
650	investigation by commission.--
651	(5)
652	(e)  The commission shall provide by rule the grounds for
653	waiving a fine, the procedures a procedure by which a lobbying
654	firm that fails to timely file a report shall be notified and
655	assessed fines, and the procedure for appealing the fines. The
656	rule shall provide for the following:
657	1.  Upon determining that the report is late, the person
658	designated to review the timeliness of reports shall immediately
659	notify the lobbying firm as to the failure to timely file the
660	report and that a fine is being assessed for each late day. The
661	fine shall be $50 per day per report for each late day up to a
662	maximum of $5,000 per late report.
663	2.  Upon receipt of the report, the person designated to
664	review the timeliness of reports shall determine the amount of
665	the fine due based upon the earliest of the following:
666	a.  When a report is actually received by the lobbyist
667	registration and reporting office.
668	b.  When the report is postmarked.
669	c.  When the certificate of mailing is dated.
670	d.  When the receipt from an established courier company is
671	dated.
672	3.  Such fine shall be paid within 30 days after the notice
673	of payment due is transmitted by the Lobbyist Registration
674	Office, unless appeal is made to the commission. The moneys
675	shall be deposited into the Executive Branch Lobby Registration
676	Trust Fund.
677	4.  A fine shall not be assessed against a lobbying firm
678	the first time any reports for which the lobbying firm is
679	responsible are not timely filed. However, to receive the one-
680	time fine waiver, all reports for which the lobbying firm is
681	responsible must be filed within 30 days after the notice that
682	any reports have not been timely filed is transmitted by the
683	Lobbyist Registration Office. A fine shall be assessed for any
684	subsequent late-filed reports.
685	5.  Any lobbying firm may appeal or dispute a fine, based
686	upon unusual circumstances surrounding the failure to file on
687	the designated due date, and may request and shall be entitled
688	to a hearing before the commission, which shall have the
689	authority to waive the fine in whole or in part for good cause
690	shown. Any such request shall be made within 30 days after the
691	notice of payment due is transmitted by the Lobbyist
692	Registration Office. In such case, the lobbying firm shall,
693	within the 30-day period, notify the person designated to review
694	the timeliness of reports in writing of his or her intention to
695	bring the matter before the commission.
696	6.  The person designated to review the timeliness of
697	reports shall notify the commission of the failure of a lobbying
698	firm to file a report after notice or of the failure of a
699	lobbying firm to pay the fine imposed. All lobbyist
700	registrations for lobbyists who are partners, owners, officers,
701	or employees of a lobbying firm that fails to timely pay a fine
702	are automatically suspended until the fine is paid or waived,
703	and the commission shall promptly notify all affected principals
704	of any suspension or reinstatement.
705	7.  Notwithstanding any provision of chapter 120, any fine
706	imposed under this subsection that is not waived by final order
707	of the commission and that remains unpaid more than 60 days
708	after the notice of payment due or more than 60 days after the
709	commission renders a final order on the lobbying firm's appeal
710	shall be collected by the Department of Financial Services as a
711	claim, debt, or other obligation owed to the state, and the
712	department may assign the collection of such fine to a
713	collection agent as provided in s. 17.20.
714	Section 12.  Subsection (4) of section 112.322, Florida
715	Statutes, is amended to read:
716	112.322  Duties and powers of commission.--
717	(4)  The commission has the power to subpoena, audit, and
718	investigate. The commission may subpoena witnesses and compel
719	their attendance and testimony, administer oaths and
720	affirmations, take evidence, and require by subpoena the
721	production of any books, papers, records, or other items
722	relevant to the performance of the duties of the commission or
723	to the exercise of its powers. The commission may delegate to
724	its investigators the authority to administer oaths and
725	affirmations. The commission may delegate the authority to issue
726	subpoenas to its chair, and may authorize its employees to serve
727	any subpoena issued under this section. In the case of a refusal
728	to obey a subpoena issued to any person, the commission may make
729	application to any circuit court of this state which shall have
730	jurisdiction to order the witness to appear before the
731	commission and to produce evidence, if so ordered, or to give
732	testimony touching on the matter in question. Failure to obey
733	the order may be punished by the court as contempt. Witnesses
734	shall be paid mileage and witnesses fees as authorized for
735	witnesses in civil cases, except that a witness who is required
736	to travel outside the county of his or her residence to testify
737	is entitled to per diem and travel expenses at the same rate
738	provided for state employees under s. 112.061, to be paid after
739	the witness appears.
740	Section 13.  Subsections (3) and (4) of section 914.21,
741	Florida Statutes, are amended to read:
742	914.21  Definitions.--As used in ss. 914.22-914.24, the
743	term:
744	(3)  "Official investigation" means any investigation
745	instituted by a law enforcement agency or prosecuting officer of
746	the state or a political subdivision of the state or the
747	Commission on Ethics.
748	(4)  "Official proceeding" means:
749	(a)  A proceeding before a judge or court or a grand jury;
750	(b)  A proceeding before the Legislature; or
751	(c)  A proceeding before a federal agency which is
752	authorized by law; or.
753	(d)  A proceeding before the Commission on Ethics.
754	Section 14.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.