CS/HB 1113

1	A bill to be entitled
2	An act relating to the code of ethics for public officers
3	and employees; amending s. 112.312, F.S.; redefining the
4	term "business entity" to include a company; amending s.
5	112.313, F.S.; prohibiting members of certain local
6	councils or committees from soliciting certain
7	contributions; amending s. 112.3135, F.S.; providing that
8	both an official and the official's relative are subject
9	to penalties if a prohibited appointment, employment,
10	promotion, or advancement in or to a position occurs;
11	providing an exception if the official does not
12	participate in the appointment, employment, promotion, or
13	advancement; amending s. 112.3143, F.S.; revising the
14	disclosure requirements for a state officer when voting in
15	an official capacity; revising the disclosure requirements
16	for an appointed state officer participating in certain
17	matters; providing an exception for a state officer when
18	the officer's principal is an agency as defined in s.
19	112.312(2), F.S.; revising the disclosure requirements for
20	a local officer when prohibited from voting; prohibiting a
21	local officer from participating in any matter involving
22	special gain or loss to certain parties unless such
23	interest in the matter is disclosed; providing
24	requirements for making the disclosure; amending s.
25	112.3145, F.S.; redefining the term "local officer" to
26	include an appointed member of the board of a community
27	redevelopment agency and a finance director of a local
28	government or other political subdivision; requiring a
29	financial interest statement to show the statutory method
30	used to disclose a reporting individual's financial
31	interests; amending s. 112.3148, F.S.; redefining the term
32	"procurement employee"; defining the term "vendor";
33	prohibiting a reporting individual or procurement employee
34	from soliciting a gift from certain vendors; prohibiting
35	such individual or employee from knowingly accepting a
36	gift in excess of a specified value from certain vendors;
37	prohibiting certain vendors from making such a gift to
38	such individual or employee; amending s. 112.3149, F.S.;
39	redefining the term "procurement employee"; defining the
40	term "vendor"; prohibiting a reporting individual or
41	procurement employee from knowingly accepting an
42	honorarium from certain vendors; prohibiting certain
43	vendors from giving an honorarium to such individual or
44	employee; amending s. 112.3215, F.S.; requiring the Ethics
45	Commission to investigate complaints alleging prohibited
46	expenditures; providing for the investigation of lobbyists
47	and principals under certain circumstances; providing
48	penalties for failure to provide required information or
49	providing false information; creating s. 112.3136, F.S.;
50	specifying standards of conduct for officers and employees
51	of entities serving as the chief administrative officer of
52	a political subdivision; amending s. 112.317, F.S.;
53	providing for penalties to be imposed against persons
54	other than lobbyists or public officers and employees;
55	amending s. 112.324, F.S.; providing for the commission to
56	report to the Governor violations involving persons other
57	than lobbyists or public officers and employees; amending
58	s. 411.01, F.S., relating to school readiness programs;
59	conforming a cross-reference; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Subsection (5) of section 112.312, Florida
64	Statutes, is amended to read:
65	112.312  Definitions.--As used in this part and for
66	purposes of the provisions of s. 8, Art. II of the State
67	Constitution, unless the context otherwise requires:
68	(5)  "Business entity" means any corporation, company,
69	partnership, limited partnership, proprietorship, firm,
70	enterprise, franchise, association, self-employed individual, or
71	trust, whether fictitiously named or not, doing business in this
72	state.
73	Section 2.  Subsection (2) of section 112.313, Florida
74	Statutes, is amended to read:
75	112.313  Standards of conduct for public officers,
76	employees of agencies, and local government attorneys.--
77	(2)  SOLICITATION OR ACCEPTANCE OF GIFTS OR
78	CONTRIBUTIONS.--
79	(a)  No public officer, employee of an agency, local
80	government attorney, or candidate for nomination or election
81	shall solicit or accept anything of value to the recipient,
82	including a gift, loan, reward, promise of future employment,
83	favor, or service, based upon any understanding that the vote,
84	official action, or judgment of the public officer, employee,
85	local government attorney, or candidate would be influenced
86	thereby.
87	(b)  No elected or appointed member of a local government
88	council or advisory committee shall, directly or indirectly,
89	solicit any campaign contribution on behalf of a candidate from
90	an individual who is participating in a pending matter before
91	the council or advisory committee. For purposes of this
92	paragraph, "pending matter" means any quasi-judicial or other
93	proceeding, application, request for a ruling or other
94	determination, or other particular action involving a specific
95	party or parties.  The prohibition in this paragraph shall not
96	apply to the members of a governing body of a district, county,
97	or municipality regardless of whether such members are acting in
98	an elected or appointed capacity.
99	Section 3.  Paragraph (a) of subsection (2) of section
100	112.3135, Florida Statutes, is amended to read:
101	112.3135  Restriction on employment of relatives.--
102	(2)(a)  A public official may not appoint, employ, promote,
103	or advance, or advocate for appointment, employment, promotion,
104	or advancement, in or to a position in the agency in which the
105	official is serving or over which the official, or collegial
106	body of which the official is a member, exercises jurisdiction
107	or control, any individual who is a relative of the public
108	official. An individual may not be appointed, employed,
109	promoted, or advanced in or to a position in an agency if such
110	appointment, employment, promotion, or advancement has been made
111	or advocated by a public official, serving in or exercising
112	jurisdiction or control over the agency, who is a relative of
113	the individual or if such appointment, employment, promotion, or
114	advancement is made by a collegial body of which a relative of
115	the individual is a member. If a prohibited appointment,
116	employment, promotion, or advancement occurs, both the official
117	and the individual shall be subject to penalties under s.
118	112.317; however, if the appointment, employment, promotion, or
119	advancement is made by the collegial body of which the official
120	is a member without the official's participation, only the
121	individual shall be subject to penalties under s. 112.317.
122	However, This subsection does shall not apply to appointments to
123	boards other than those with land-planning or zoning
124	responsibilities in those municipalities with less than 35,000
125	population. This subsection does not apply to persons serving in
126	a volunteer capacity who provide emergency medical,
127	firefighting, or police services. Such persons may receive,
128	without losing their volunteer status, reimbursements for the
129	costs of any training they get relating to the provision of
130	volunteer emergency medical, firefighting, or police services
131	and payment for any incidental expenses relating to those
132	services that they provide.
133	Section 4.  Section 112.3143, Florida Statutes, is amended
134	to read:
135	112.3143  Voting conflicts.--
136	(1)  As used in this section:
137	(a)  "Public officer" includes any person elected or
138	appointed to hold office in any agency, including any person
139	serving on an advisory body.
140	(b)  "Relative" means any father, mother, son, daughter,
141	husband, wife, brother, sister, father-in-law, mother-in-law,
142	son-in-law, or daughter-in-law.
143	(2)  A No state public officer is not prohibited from
144	voting in an official capacity on any matter. However, any state
145	public officer voting in an official capacity upon any measure
146	that which would inure to the officer's special private gain or
147	loss; that which he or she knows would inure to the special
148	private gain or loss of any principal by whom the officer is
149	retained or to the parent organization, sibling, or subsidiary
150	of a corporate principal by which the officer is retained, other
151	than an agency as defined in s. 112.312(2); or that which the
152	officer knows would inure to the special private gain or loss of
153	a relative or business associate of the public officer shall,
154	within 15 days after the vote occurs, disclose the nature of all
155	of his or her interests in the matter, and disclose the nature
156	of all of the interests of his or her principals, relatives, or
157	business associates which are known to him or her, his or her
158	interest as a public record in a memorandum filed with the
159	person responsible for recording the minutes of the meeting, who
160	shall incorporate the memorandum in the minutes.
161	(3)  An appointed state public officer may not participate
162	in any matter that would inure to the officer's special private
163	gain or loss; that the officer knows would inure to the special
164	private gain or loss of any principal by whom he or she is
165	retained or to the parent organization, sibling, or subsidiary
166	of a corporate principal by which he or she is retained, other
167	than an agency as defined in s. 112.312(2); or that he or she
168	knows would inure to the special private gain or loss of a
169	relative or business associate of the public officer, without
170	first disclosing the nature of his or her interest in the
171	matter.
172	(a)  Such disclosure, indicating the nature of all of his
173	or her interests in the matter and disclosing the nature of all
174	of the interests of the principals, relatives, or business
175	associates which are known to him or her, shall be made in a
176	written memorandum and filed with the person responsible for
177	recording the minutes of the meeting before the meeting in which
178	consideration of the matter will take place, and shall be
179	incorporated into the minutes. Any such memorandum becomes a
180	public record upon filing, shall immediately be provided to the
181	other members of the agency, and shall be read publicly at the
182	next meeting held subsequent to the filing of this written
183	memorandum.
184	(b)  If disclosure is not made before the meeting or if any
185	conflict is unknown before the meeting, the disclosure shall be
186	made orally at the meeting when it becomes known that a conflict
187	exists. The written memorandum disclosing the nature of the
188	conflict must be filed with the person responsible for recording
189	the minutes of the meeting within 15 days after the oral
190	disclosure and shall be incorporated into the minutes of the
191	meeting at which the oral disclosure was made. Any such
192	memorandum becomes a public record upon filing, shall
193	immediately be provided to the other members of the agency, and
194	shall be read publicly at the next meeting held subsequent to
195	the filing of this written memorandum.
196	(4)(3)(a)  A No county, municipal, or other local public
197	officer may not shall vote in an official capacity upon any
198	measure that which would inure to his or her special private
199	gain or loss; that which he or she knows would inure to the
200	special private gain or loss of any principal by whom he or she
201	is retained or to the parent organization, sibling, or
202	subsidiary of a corporate principal by which he or she is
203	retained, other than an agency as defined in s. 112.312(2); or
204	that which he or she knows would inure to the special private
205	gain or loss of a relative or business associate of the public
206	officer. Such public officer shall, before prior to the vote is
207	being taken, publicly state to the assembly the nature of all of
208	the officer's interests interest in the matter, and all of the
209	interests in the matter of his or her principals, relatives, or
210	business associates which are known to him or her, from which he
211	or she is abstaining from voting and, within 15 days after the
212	vote occurs, disclose the nature of all of his or her interests
213	in the matter, and disclose the nature of all of the interests
214	of his or her principals, relatives, or business associates
215	which are known to him or her, his or her interest as a public
216	record in a memorandum filed with the person responsible for
217	recording the minutes of the meeting, who shall incorporate the
218	memorandum in the minutes.
219	(b)  However, a commissioner of a community redevelopment
220	agency created or designated pursuant to s. 163.356 or s.
221	163.357, or an officer of an independent special tax district
222	elected on a one-acre, one-vote basis, is not prohibited from
223	voting, when voting in that said capacity.
224	(4)  No appointed public officer shall participate in any
225	matter which would inure to the officer's special private gain
226	or loss; which the officer knows would inure to the special
227	private gain or loss of any principal by whom he or she is
228	retained or to the parent organization or subsidiary of a
229	corporate principal by which he or she is retained; or which he
230	or she knows would inure to the special private gain or loss of
231	a relative or business associate of the public officer, without
232	first disclosing the nature of his or her interest in the
233	matter.
234	(a)  Such disclosure, indicating the nature of the
235	conflict, shall be made in a written memorandum filed with the
236	person responsible for recording the minutes of the meeting,
237	prior to the meeting in which consideration of the matter will
238	take place, and shall be incorporated into the minutes. Any such
239	memorandum shall become a public record upon filing, shall
240	immediately be provided to the other members of the agency, and
241	shall be read publicly at the next meeting held subsequent to
242	the filing of this written memorandum.
243	(b)  In the event that disclosure has not been made prior
244	to the meeting or that any conflict is unknown prior to the
245	meeting, the disclosure shall be made orally at the meeting when
246	it becomes known that a conflict exists. A written memorandum
247	disclosing the nature of the conflict shall then be filed within
248	15 days after the oral disclosure with the person responsible
249	for recording the minutes of the meeting and shall be
250	incorporated into the minutes of the meeting at which the oral
251	disclosure was made. Any such memorandum shall become a public
252	record upon filing, shall immediately be provided to the other
253	members of the agency, and shall be read publicly at the next
254	meeting held subsequent to the filing of this written
255	memorandum.
256	(5)  A county, municipal, or other local public officer may
257	not participate in any matter that would inure to the officer's
258	special private gain or loss; that the officer knows would inure
259	to the special private gain or loss of any principal by whom he
260	or she is retained or to the parent organization, sibling, or
261	subsidiary of a corporate principal by which he or she is
262	retained, other than an agency as defined in s. 112.312(2); or
263	that he or she knows would inure to the special private gain or
264	loss of a relative or business associate of the public officer,
265	without first disclosing the nature of his or her interest in
266	the matter.
267	(a)  Such disclosure, indicating the nature of all of his
268	or her interests in the matter and disclosing the nature of all
269	of the interests of the principals, relatives, or business
270	associates which are known to him or her, shall be made in a
271	written memorandum and filed with the person responsible for
272	recording the minutes of the meeting before the meeting in which
273	consideration of the matter will take place, and shall be
274	incorporated into the minutes. Any such memorandum becomes a
275	public record upon filing, shall immediately be provided to the
276	other members of the agency, and shall be read publicly at the
277	next meeting held subsequent to the filing of this written
278	memorandum.
279	(b)  If disclosure is not made before the meeting or if any
280	conflict is unknown before the meeting, the disclosure shall be
281	made orally at the meeting when it becomes known that a conflict
282	exists. The written memorandum disclosing the nature of the
283	conflict must be filed with the person responsible for recording
284	the minutes of the meeting within 15 days after the oral
285	disclosure and shall be incorporated into the minutes of the
286	meeting at which the oral disclosure was made. Any such
287	memorandum becomes a public record upon filing, shall
288	immediately be provided to the other members of the agency, and
289	shall be read publicly at the next meeting held subsequent to
290	the filing of this written memorandum.
291	(6)(c)  For purposes of this section subsection, the term
292	"participate" means any attempt to influence the decision by
293	oral or written communication, whether made by the officer or at
294	the officer's direction.
295	(7)(5)  Whenever a public officer or former public officer
296	is being considered for appointment or reappointment to public
297	office, the appointing body shall consider the number and nature
298	of the memoranda of conflict previously filed under this section
299	by the said officer.
300	Section 5.  Paragraph (a) of subsection (1) and subsection
301	(3) of section 112.3145, Florida Statutes, are amended to read:
302	112.3145  Disclosure of financial interests and clients
303	represented before agencies.--
304	(1)  For purposes of this section, unless the context
305	otherwise requires, the term:
306	(a)  "Local officer" means:
307	1.  Every person who is elected to office in any political
308	subdivision of the state, and every person who is appointed to
309	fill a vacancy for an unexpired term in such an elective office.
310	2.  Any appointed member of any of the following boards,
311	councils, commissions, authorities, or other bodies of any
312	county, municipality, school district, independent special
313	district, or other political subdivision of the state:
314	a.  The governing body of the political subdivision, if
315	appointed;
316	b.  An expressway authority or transportation authority
317	established by general law;
318	c.  A community college or junior college district board of
319	trustees;
320	d.  A board having the power to enforce local code
321	provisions;
322	e.  A planning or zoning board, board of adjustment, board
323	of appeals, community redevelopment agency board, or other board
324	having the power to recommend, create, or modify land planning
325	or zoning within the political subdivision, except for citizen
326	advisory committees, technical coordinating committees, and such
327	other groups who only have the power to make recommendations to
328	planning or zoning boards;
329	f.  A pension board or retirement board having the power to
330	invest pension or retirement funds or the power to make a
331	binding determination of one's entitlement to or amount of a
332	pension or other retirement benefit; or
333	g.  Any other appointed member of a local government board
334	who is required to file a statement of financial interests by
335	the appointing authority or the enabling legislation, ordinance,
336	or resolution creating the board.
337	3.  Any person holding one or more of the following
338	positions: mayor; county or city manager; chief administrative
339	employee of a county, municipality, or other political
340	subdivision; county or municipal attorney; finance director of a
341	county, municipality, or other political subdivision; chief
342	county or municipal building code inspector; county or municipal
343	water resources coordinator; county or municipal pollution
344	control director; county or municipal environmental control
345	director; county or municipal administrator, with power to grant
346	or deny a land development permit; chief of police; fire chief;
347	municipal clerk; district school superintendent; community
348	college president; district medical examiner; or purchasing
349	agent having the authority to make any purchase exceeding the
350	threshold amount provided for in s. 287.017 for CATEGORY ONE, on
351	behalf of any political subdivision of the state or any entity
352	thereof.
353	(3)  The statement of financial interests for state
354	officers, specified state employees, local officers, and persons
355	seeking to qualify as candidates for state or local office shall
356	be filed even if the reporting person holds no financial
357	interests requiring disclosure, in which case the statement
358	shall be marked "not applicable." Otherwise, the statement of
359	financial interests shall include, at the filer's option,
360	either:
361	(a)1.  All sources of income in excess of 5 percent of the
362	gross income received during the disclosure period by the person
363	in his or her own name or by any other person for his or her use
364	or benefit, excluding public salary. However, this shall not be
365	construed to require disclosure of a business partner's sources
366	of income. The person reporting shall list such sources in
367	descending order of value with the largest source first;
368	2.  All sources of income to a business entity in excess of
369	10 percent of the gross income of a business entity in which the
370	reporting person held a material interest and from which he or
371	she received an amount which was in excess of 10 percent of his
372	or her gross income during the disclosure period and which
373	exceeds $1,500. The period for computing the gross income of the
374	business entity is the fiscal year of the business entity which
375	ended on, or immediately prior to, the end of the disclosure
376	period of the person reporting;
377	3.  The location or description of real property in this
378	state, except for residences and vacation homes, owned directly
379	or indirectly by the person reporting, when such person owns in
380	excess of 5 percent of the value of such real property, and a
381	general description of any intangible personal property worth in
382	excess of 10 percent of such person's total assets. For the
383	purposes of this paragraph, indirect ownership does not include
384	ownership by a spouse or minor child; and
385	4.  Every individual liability that equals more than the
386	reporting person's net worth; or
387	(b)1.  All sources of gross income in excess of $2,500
388	received during the disclosure period by the person in his or
389	her own name or by any other person for his or her use or
390	benefit, excluding public salary. However, this shall not be
391	construed to require disclosure of a business partner's sources
392	of income. The person reporting shall list such sources in
393	descending order of value with the largest source first;
394	2.  All sources of income to a business entity in excess of
395	10 percent of the gross income of a business entity in which the
396	reporting person held a material interest and from which he or
397	she received gross income exceeding $5,000 during the disclosure
398	period. The period for computing the gross income of the
399	business entity is the fiscal year of the business entity which
400	ended on, or immediately prior to, the end of the disclosure
401	period of the person reporting;
402	3.  The location or description of real property in this
403	state, except for residence and vacation homes, owned directly
404	or indirectly by the person reporting, when such person owns in
405	excess of 5 percent of the value of such real property, and a
406	general description of any intangible personal property worth in
407	excess of $10,000. For the purpose of this paragraph, indirect
408	ownership does not include ownership by a spouse or minor child;
409	and
410	4.  Every liability in excess of $10,000.
411
412	A person filing a statement of financial interests shall
413	indicate on the statement whether he or she is using the method
414	specified in paragraph (a) or the method specified in paragraph
415	(b).
416	Section 6.  Paragraph (e) of subsection (2), subsections
417	(3) and (4), and paragraph (a) of subsection (5) of section
418	112.3148, Florida Statutes, are amended, and paragraph (f) is
419	added to subsection (2) of that section, to read:
420	112.3148  Reporting and prohibited receipt of gifts by
421	individuals filing full or limited public disclosure of
422	financial interests and by procurement employees.--
423	(2)  As used in this section:
424	(e)  "Procurement employee" means any employee of an
425	officer, department, board, commission, or council, or agency of
426	the executive branch or judicial branch of state government who
427	has participated in the preceding 12 months participates through
428	decision, approval, disapproval, recommendation, preparation of
429	any part of a purchase request, influencing the content of any
430	specification or procurement standard, rendering of advice,
431	investigation, or auditing or in any other advisory capacity in
432	the procurement of contractual services or commodities as
433	defined in s. 287.012, if the cost of such services or
434	commodities exceeds $10,000 $1,000 in any fiscal year.
435	(f)  "Vendor" means a business entity doing business
436	directly with an agency, such as renting, leasing, or selling
437	any realty, goods, or services.
438	(3)  A reporting individual or procurement employee is
439	prohibited from soliciting any gift from a political committee
440	or committee of continuous existence, as defined in s. 106.011,
441	from a vendor doing business with the reporting individual's or
442	procurement employee's agency, or from a lobbyist who lobbies
443	the reporting individual's or procurement employee's agency, or
444	the partner, firm, employer, or principal of such lobbyist,
445	where such gift is for the personal benefit of the reporting
446	individual or procurement employee, another reporting individual
447	or procurement employee, or any member of the immediate family
448	of a reporting individual or procurement employee.
449	(4)  A reporting individual or procurement employee or any
450	other person on his or her behalf is prohibited from knowingly
451	accepting, directly or indirectly, a gift from a political
452	committee or committee of continuous existence, as defined in s.
453	106.011, from a vendor doing business with the reporting
454	individual's or procurement employee's agency, or from a
455	lobbyist who lobbies the reporting individual's or procurement
456	employee's agency, or directly or indirectly on behalf of the
457	partner, firm, employer, or principal of a lobbyist, if he or
458	she knows or reasonably believes that the gift has a value in
459	excess of $100; however, such a gift may be accepted by such
460	person on behalf of a governmental entity or a charitable
461	organization. If the gift is accepted on behalf of a
462	governmental entity or charitable organization, the person
463	receiving the gift shall not maintain custody of the gift for
464	any period of time beyond that reasonably necessary to arrange
465	for the transfer of custody and ownership of the gift.
466	(5)(a)  A political committee or a committee of continuous
467	existence, as defined in s. 106.011; a vendor doing business
468	with the reporting individual's or procurement employee's
469	agency; a lobbyist who lobbies a reporting individual's or
470	procurement employee's agency; the partner, firm, employer, or
471	principal of a lobbyist; or another on behalf of the lobbyist or
472	partner, firm, principal, or employer of the lobbyist is
473	prohibited from giving, either directly or indirectly, a gift
474	that has a value in excess of $100 to the reporting individual
475	or procurement employee or any other person on his or her
476	behalf; however, such person may give a gift having a value in
477	excess of $100 to a reporting individual or procurement employee
478	if the gift is intended to be transferred to a governmental
479	entity or a charitable organization.
480	Section 7.  Paragraph (e) of subsection (1) and subsections
481	(3) and (4) of section 112.3149, Florida Statutes, are amended,
482	and paragraph (f) is added to subsection (1) of that section, to
483	read:
484	112.3149  Solicitation and disclosure of honoraria.--
485	(1)  As used in this section:
486	(e)  "Procurement employee" means any employee of an
487	officer, department, board, commission, or council, or agency of
488	the executive branch or judicial branch of state government who
489	has participated in the preceding 12 months participates through
490	decision, approval, disapproval, recommendation, preparation of
491	any part of a purchase request, influencing the content of any
492	specification or procurement standard, rendering of advice,
493	investigation, or auditing or in any other advisory capacity in
494	the procurement of contractual services or commodities as
495	defined in s. 287.012, if the cost of such services or
496	commodities exceeds $10,000 $1,000 in any fiscal year.
497	(f)  "Vendor" means a business entity doing business
498	directly with an agency, such as renting, leasing, or selling
499	any realty, goods, or services.
500	(3)  A reporting individual or procurement employee is
501	prohibited from knowingly accepting an honorarium from a
502	political committee or committee of continuous existence, as
503	defined in s. 106.011, from a vendor doing business with the
504	reporting individual's or procurement employee's agency, from a
505	lobbyist who lobbies the reporting individual's or procurement
506	employee's agency, or from the employer, principal, partner, or
507	firm of such a lobbyist.
508	(4)  A political committee or committee of continuous
509	existence, as defined in s. 106.011, a vendor doing business
510	with the reporting individual's or procurement employee's
511	agency, a lobbyist who lobbies a reporting individual's or
512	procurement employee's agency, or the employer, principal,
513	partner, or firm of such a lobbyist is prohibited from giving an
514	honorarium to a reporting individual or procurement employee.
515	Section 8.  Subsection (8) of section 112.3215, Florida
516	Statutes, is amended, present subsections (11), (12), (13), and
517	(14) of that section are redesignated as subsections (12), (13),
518	(14), and (15), respectively, and a new subsection (11) is added
519	to that section, to read:
520	112.3215  Lobbying before the executive branch or the
521	Constitution Revision Commission; registration and reporting;
522	investigation by commission.--
523	(8)(a)  The commission shall investigate every sworn
524	complaint that is filed with it alleging that a person covered
525	by this section has failed to register, has failed to submit a
526	compensation report, has made a prohibited expenditure, or has
527	knowingly submitted false information in any report or
528	registration required in this section.
529	(b)  All proceedings, the complaint, and other records
530	relating to the investigation are confidential and exempt from
531	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
532	Constitution, and any meetings held pursuant to an investigation
533	are exempt from the provisions of s. 286.011(1) and s. 24(b),
534	Art. I of the State Constitution either until the alleged
535	violator requests in writing that such investigation and
536	associated records and meetings be made public or until the
537	commission determines, based on the investigation, whether
538	probable cause exists to believe that a violation has occurred.
539	(c)  The commission shall investigate any lobbying firm,
540	lobbyist, principal, agency, officer, or employee upon receipt
541	of information from a sworn complaint or from a random audit of
542	lobbying reports indicating a possible violation other than a
543	late-filed report.
544	(d)  Records relating to an audit conducted pursuant to
545	this section or an investigation conducted pursuant to this
546	section or s. 112.32155 are confidential and exempt from s.
547	119.07(1) and s. 24(a), Art. I of the State Constitution, and
548	any meetings held pursuant to such an investigation or at which
549	such an audit is discussed are exempt from s. 286.011 and s.
550	24(b), Art. I of the State Constitution either until the
551	lobbying firm requests in writing that such investigation and
552	associated records and meetings be made public or until the
553	commission determines there is probable cause that the audit
554	reflects a violation of the reporting laws. This paragraph is
555	subject to the Open Government Sunset Review Act in accordance
556	with s. 119.15 and shall stand repealed on October 2, 2011,
557	unless reviewed and saved from repeal through reenactment by the
558	Legislature.
559	(11)  Any person who is required to be registered or to
560	provide information under this section or under rules adopted
561	pursuant to this section and who knowingly fails to disclose any
562	material fact that is required by this section or by rules
563	adopted pursuant to this section, or who knowingly provides
564	false information on any report required by this section or by
565	rules adopted pursuant to this section, commits a noncriminal
566	infraction, punishable by a fine not to exceed $5,000. Such
567	penalty is in addition to any other penalty assessed by the
568	Governor and Cabinet pursuant to subsection (10).
569	Section 9.  Section 112.3136, Florida Statutes, is created
570	to read:
571	112.3136  Standards of conduct for officers and employees
572	of entities serving as chief administrative officer of political
573	subdivisions.--The officers, directors, and chief executive
574	officer of a corporation, partnership, or other business entity
575	that is serving as the chief administrative or executive officer
576	or employee of a political subdivision, and any business entity
577	employee who is acting as the chief administrative or executive
578	officer or employee of the political subdivision, shall be
579	treated as public officers and employees for the purpose of the
580	following sections:
581	(1)  Section 112.313, and their "agency" is the political
582	subdivision that they serve; however, the contract under which
583	the business entity serves as chief executive or administrative
584	officer of the political subdivision is not deemed to violate s.
585	112.313(3) or (7).
586	(2)  Section 112.3145, as a "local officer."
587	(3)  Sections 112.3148 and 112.3149, as a "reporting
588	individual."
589	Section 10.  Paragraph (e) is added to subsection (1) of
590	section 112.317, Florida Statutes, to read:
591	112.317  Penalties.--
592	(1)  Violation of any provision of this part, including,
593	but not limited to, any failure to file any disclosures required
594	by this part or violation of any standard of conduct imposed by
595	this part, or violation of any provision of s. 8, Art. II of the
596	State Constitution, in addition to any criminal penalty or other
597	civil penalty involved, shall, under applicable constitutional
598	and statutory procedures, constitute grounds for, and may be
599	punished by, one or more of the following:
600	(e)  In the case of a person who is subject to the
601	standards of this part, other than a lobbyist or lobbying firm
602	under s. 112.3215 for a violation of s. 112.3215, but who is not
603	a public officer or employee:
604	1.  Public censure and reprimand.
605	2.  A civil penalty not to exceed $10,000.
606	3.  Restitution of any pecuniary benefits received because
607	of the violation committed. The commission may recommend that
608	the restitution penalty be paid to the agency of the person or
609	to the General Revenue Fund.
610	Section 11.  Paragraph (d) of subsection (8) of section
611	112.324, Florida Statutes, is amended to read:
612	112.324  Procedures on complaints of violations; public
613	records and meeting exemptions.--
614	(8)  If, in cases pertaining to complaints other than
615	complaints against impeachable officers or members of the
616	Legislature, upon completion of a full and final investigation
617	by the commission, the commission finds that there has been a
618	violation of this part or of s. 8, Art. II of the State
619	Constitution, it shall be the duty of the commission to report
620	its findings and recommend appropriate action to the proper
621	disciplinary official or body as follows, and such official or
622	body shall have the power to invoke the penalty provisions of
623	this part, including the power to order the appropriate
624	elections official to remove a candidate from the ballot for a
625	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
626	State Constitution:
627	(d)  Except as otherwise provided by this part, the
628	Governor, in the case of any other public officer, public
629	employee, former public officer or public employee, candidate,
630	or former candidate, or person who is not a public officer or
631	employee, other than lobbyists and lobbying firms under s.
632	112.3215 for violations of s. 112.3215.
633	Section 12.  Paragraph (a) of subsection (5) of section
634	411.01, Florida Statutes, is amended to read:
635	411.01  School readiness programs; early learning
636	coalitions.--
637	(5)  CREATION OF EARLY LEARNING COALITIONS.--
638	(a)  Early learning coalitions.--
639	1.  The Agency for Workforce Innovation shall establish the
640	minimum number of children to be served by each early learning
641	coalition through the coalition's school readiness program. The
642	Agency for Workforce Innovation may only approve school
643	readiness plans in accordance with this minimum number. The
644	minimum number must be uniform for every early learning
645	coalition and must:
646	a.  Permit 30 or fewer coalitions to be established; and
647	b.  Require each coalition to serve at least 2,000 children
648	based upon the average number of all children served per month
649	through the coalition's school readiness program during the
650	previous 12 months.
651
652	The Agency for Workforce Innovation shall adopt procedures for
653	merging early learning coalitions, including procedures for the
654	consolidation of merging coalitions, and for the early
655	termination of the terms of coalition members which are
656	necessary to accomplish the mergers. Each early learning
657	coalition must comply with the merger procedures and shall be
658	organized in accordance with this subparagraph by April 1, 2005.
659	By June 30, 2005, each coalition must complete the transfer of
660	powers, duties, functions, rules, records, personnel, property,
661	and unexpended balances of appropriations, allocations, and
662	other funds to the successor coalition, if applicable.
663	2.  If an early learning coalition would serve fewer
664	children than the minimum number established under subparagraph
665	1., the coalition must merge with another county to form a
666	multicounty coalition. However, the Agency for Workforce
667	Innovation may authorize an early learning coalition to serve
668	fewer children than the minimum number established under
669	subparagraph 1., if:
670	a.  The coalition demonstrates to the Agency for Workforce
671	Innovation that merging with another county or multicounty
672	region contiguous to the coalition would cause an extreme
673	hardship on the coalition;
674	b.  The Agency for Workforce Innovation has determined
675	during the most recent annual review of the coalition's school
676	readiness plan, or through monitoring and performance
677	evaluations conducted under paragraph (4)(l), that the coalition
678	has substantially implemented its plan and substantially met the
679	performance standards and outcome measures adopted by the
680	agency; and
681	c.  The coalition demonstrates to the Agency for Workforce
682	Innovation the coalition's ability to effectively and
683	efficiently implement the Voluntary Prekindergarten Education
684	Program.
685
686	If an early learning coalition fails or refuses to merge as
687	required by this subparagraph, the Agency for Workforce
688	Innovation may dissolve the coalition and temporarily contract
689	with a qualified entity to continue school readiness and
690	prekindergarten services in the coalition's county or
691	multicounty region until the coalition is reestablished through
692	resubmission of a school readiness plan and approval by the
693	agency.
694	3.  Notwithstanding the provisions of subparagraphs 1. and
695	2., the early learning coalitions in Sarasota, Osceola, and
696	Santa Rosa Counties which were in operation on January 1, 2005,
697	are established and authorized to continue operation as
698	independent coalitions, and shall not be counted within the
699	limit of 30 coalitions established in subparagraph 1.
700	4.  Each early learning coalition shall be composed of at
701	least 18 members but not more than 35 members. The Agency for
702	Workforce Innovation shall adopt standards establishing within
703	this range the minimum and maximum number of members that may be
704	appointed to an early learning coalition. These standards must
705	include variations for a coalition serving a multicounty region.
706	Each early learning coalition must comply with these standards.
707	5.  The Governor shall appoint the chair and two other
708	members of each early learning coalition, who must each meet the
709	same qualifications as private sector business members appointed
710	by the coalition under subparagraph 7.
711	6.  Each early learning coalition must include the
712	following members:
713	a.  A Department of Children and Family Services district
714	administrator or his or her designee who is authorized to make
715	decisions on behalf of the department.
716	b.  A district superintendent of schools or his or her
717	designee who is authorized to make decisions on behalf of the
718	district, who shall be a nonvoting member.
719	c.  A regional workforce board executive director or his or
720	her designee.
721	d.  A county health department director or his or her
722	designee.
723	e.  A children's services council or juvenile welfare board
724	chair or executive director, if applicable, who shall be a
725	nonvoting member if the council or board is the fiscal agent of
726	the coalition or if the council or board contracts with and
727	receives funds from the coalition.
728	f.  An agency head of a local licensing agency as defined
729	in s. 402.302, where applicable.
730	g.  A president of a community college or his or her
731	designee.
732	h.  One member appointed by a board of county
733	commissioners.
734	i.  A central agency administrator, where applicable, who
735	shall be a nonvoting member.
736	j.  A Head Start director, who shall be a nonvoting member.
737	k.  A representative of private child care providers,
738	including family day care homes, who shall be a nonvoting
739	member.
740	l.  A representative of faith-based child care providers,
741	who shall be a nonvoting member.
742	m.  A representative of programs for children with
743	disabilities under the federal Individuals with Disabilities
744	Education Act, who shall be a nonvoting member.
745	7.  Including the members appointed by the Governor under
746	subparagraph 5., more than one-third of the members of each
747	early learning coalition must be private sector business members
748	who do not have, and none of whose relatives as defined in s.
749	112.3143 has, a substantial financial interest in the design or
750	delivery of the Voluntary Prekindergarten Education Program
751	created under part V of chapter 1002 or the coalition's school
752	readiness program. To meet this requirement an early learning
753	coalition must appoint additional members from a list of
754	nominees submitted to the coalition by a chamber of commerce or
755	economic development council within the geographic region served
756	by the coalition. The Agency for Workforce Innovation shall
757	establish criteria for appointing private sector business
758	members. These criteria must include standards for determining
759	whether a member or relative has a substantial financial
760	interest in the design or delivery of the Voluntary
761	Prekindergarten Education Program or the coalition's school
762	readiness program.
763	8.  A majority of the voting membership of an early
764	learning coalition constitutes a quorum required to conduct the
765	business of the coalition.
766	9.  A voting member of an early learning coalition may not
767	appoint a designee to act in his or her place, except as
768	otherwise provided in this paragraph. A voting member may send a
769	representative to coalition meetings, but that representative
770	does not have voting privileges. When a district administrator
771	for the Department of Children and Family Services appoints a
772	designee to an early learning coalition, the designee is the
773	voting member of the coalition, and any individual attending in
774	the designee's place, including the district administrator, does
775	not have voting privileges.
776	10.  Each member of an early learning coalition is subject
777	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
778	112.3143(4)(a) s. 112.3143(3)(a), each voting member is a local
779	public officer who must abstain from voting when a voting
780	conflict exists.
781	11.  For purposes of tort liability, each member or
782	employee of an early learning coalition shall be governed by s.
783	768.28.
784	12.  An early learning coalition serving a multicounty
785	region must include representation from each county.
786	13.  Each early learning coalition shall establish terms
787	for all appointed members of the coalition. The terms must be
788	staggered and must be a uniform length that does not exceed 4
789	years per term. Appointed members may serve a maximum of two
790	consecutive terms. When a vacancy occurs in an appointed
791	position, the coalition must advertise the vacancy.
792	Section 13.  This act shall take effect January 1, 2009.

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