Florida Senate - 2008 CS for SB 1220

By the Committee on Ethics and Elections; and Senator Constantine

582-04795-08 20081220c1

A bill to be entitled

An act relating to the code of ethics for public officers

and employees; amending s. 112.312, F.S.; redefining the

term "business entity" to include a company; amending s.

112.3135, F.S.; prohibiting a public official from

appointing, employing, promoting, or advancing a relative

and providing that a relative is not eligible for

appointment, employment, promotion, or advancement to a

position in an agency in which the official is serving, or

in an agency administered by the official or collegial

body of which the official is a member; providing that

both the official and the official's relative are subject

to penalties; providing an exception if the official does

not participate in the appointment, employment, promotion,

or advancement; amending s. 112.3143, F.S.; revising the

disclosure requirements for a state officer when voting in

an official capacity; revising the disclosure requirements

for an appointed state officer participating in certain

matters; providing an exception for a state officer when

the officer's principal is an agency as defined in s.

112.312(2), F.S.; revising the disclosure requirements for

a local officer when prohibited from voting; prohibiting a

local officer from participating in any matter involving

special gain or loss to certain parties unless such

interest in the matter is disclosed; providing

requirements for making the disclosure; amending s.

112.3145, F.S.; redefining the term "local officer" to

include an appointed member of the board of a community

redevelopment agency and a finance director of a local

government or other political subdivision; requiring a

financial interest statement to show the statutory method

used to disclose a reporting individual's financial

interests; amending s. 112.3148, F.S.; redefining the term

"procurement employee"; defining the term "vendor";

prohibiting a reporting individual or procurement employee

from soliciting a gift from certain vendors; prohibiting

such individual or employee from knowingly accepting a

gift in excess of a specified value from certain vendors;

prohibiting certain vendors from making such a gift to

such individual or employee; amending s. 112.3149, F.S.;

redefining the term "procurement employee"; defining the

term "vendor"; prohibiting a reporting individual or

procurement employee from knowingly accepting an

honorarium from certain vendors; prohibiting certain

vendors from giving an honorarium to such individual or

employee; amending s. 112.3215, F.S.; requiring the Ethics

Commission to investigate complaints alleging prohibited

expenditures; providing for the investigation of lobbyists

and principals under certain circumstances; providing

penalties for failure to provide required information or

providing false information; creating s. 112.3136, F.S.;

specifying standards of conduct for officers and employees

of entities serving as the chief administrative officer of

a political subdivision; amending s. 112.317, F.S.;

providing for penalties to be imposed against persons

other than lobbyists or public officers and employees;

amending s. 112.324, F.S.; providing for the commission to

report to the Governor violations involving persons other

than lobbyists or public officers and employees; amending

s. 411.01, F.S., relating to school readiness programs;

conforming a cross-reference; providing an effective date.

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

Section 1. Subsection (5) of section 112.312, Florida

Statutes, is amended to read:

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

of the provisions of s. 8, Art. II of the State Constitution,

unless the context otherwise requires:

(5) "Business entity" means any corporation, company,

partnership, limited partnership, proprietorship, firm,

enterprise, franchise, association, self-employed individual, or

trust, whether fictitiously named or not, doing business in this

state.

Section 2. Paragraph (a) of subsection (2) of section

112.3135, Florida Statutes, is amended to read:

112.3135 Restriction on employment of relatives.--

(2)(a) A public official may not appoint, employ, promote,

or advance, or advocate for appointment, employment, promotion,

or advancement, in or to a position in the agency in which the

official is serving or over which the official, or collegial body

of which the official is a member, exercises jurisdiction or

control, any individual who is a relative of the public official.

An individual who is a relative of a public official is not

eligible for appointment, employment, promotion, or advancement

may not be appointed, employed, promoted, or advanced in or to a

position in an agency in which the official is serving or over

which the official, or the collegial body of which the official

is a member, exercises jurisdiction or control. If a prohibited

appointment, employment, promotion, or advancement occurs, both

the official and the individual shall be subject to penalties

under s. 112.317; however, if the appointment, employment,

promotion, or advancement is made by the collegial body of which

the official is a member without the official's participation,

only the individual shall be subject to penalties under s.

112.317. if such appointment, employment, promotion, or

advancement has been advocated by a public official, serving in

or exercising jurisdiction or control over the agency, who is a

relative of the individual or if such appointment, employment,

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promotion, or advancement is made by a collegial body of which a

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relative of the individual is a member. However, this subsection

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does shall not apply to appointments to boards other than those

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with land-planning or zoning responsibilities in those

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municipalities with less than 35,000 population. This subsection

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does not apply to persons serving in a volunteer capacity who

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provide emergency medical, firefighting, or police services. Such

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persons may receive, without losing their volunteer status,

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reimbursements for the costs of any training they get relating to

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the provision of volunteer emergency medical, firefighting, or

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police services and payment for any incidental expenses relating

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to those services that they provide.

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Section 3. Section 112.3143, Florida Statutes, is amended

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to read:

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112.3143 Voting conflicts.--

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(1) As used in this section:

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(a) "Public officer" includes any person elected or

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appointed to hold office in any agency, including any person

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serving on an advisory body.

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(b) "Relative" means any father, mother, son, daughter,

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husband, wife, brother, sister, father-in-law, mother-in-law,

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son-in-law, or daughter-in-law.

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(2) A No state public officer is not prohibited from voting

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in an official capacity on any matter. However, any state public

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officer voting in an official capacity upon any measure that

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which would inure to the officer's special private gain or loss;

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that which he or she knows would inure to the special private

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gain or loss of any principal by whom the officer is retained or

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to the parent organization, sibling, or subsidiary of a corporate

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principal by which the officer is retained, other than an agency

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as defined in s. 112.312(2); or that which the officer knows

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would inure to the special private gain or loss of a relative or

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business associate of the public officer shall, within 15 days

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after the vote occurs, disclose the nature of all of his or her

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interests in the matter, and disclose the nature of all of the

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interests of his or her principals, relatives, or business

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associates which are known to him or her, his or her interest as

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a public record in a memorandum filed with the person responsible

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for recording the minutes of the meeting, who shall incorporate

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the memorandum in the minutes.

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(3) An appointed state public officer may not participate

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in any matter that would inure to the officer's special private

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gain or loss; that the officer knows would inure to the special

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private gain or loss of any principal by whom he or she is

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retained or to the parent organization, sibling, or subsidiary of

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a corporate principal by which he or she is retained, other than

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an agency as defined in s. 112.312(2); or that he or she knows

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would inure to the special private gain or loss of a relative or

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business associate of the public officer, without first

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disclosing the nature of his or her interest in the matter.

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(a) Such disclosure, indicating the nature of all of his or

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her interests in the matter and disclosing the nature of all of

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the interests of the principals, relatives, or business

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associates which are known to him or her, shall be made in a

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written memorandum and filed with the person responsible for

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recording the minutes of the meeting before the meeting in which

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consideration of the matter will take place, and shall be

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incorporated into the minutes. Any such memorandum becomes a

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public record upon filing, shall immediately be provided to the

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other members of the agency, and shall be read publicly at the

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next meeting held subsequent to the filing of this written

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memorandum.

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(b) If disclosure is not made before the meeting or if any

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conflict is unknown before the meeting, the disclosure shall be

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made orally at the meeting when it becomes known that a conflict

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exists. The written memorandum disclosing the nature of the

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conflict must be filed with the person responsible for recording

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the minutes of the meeting within 15 days after the oral

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disclosure and shall be incorporated into the minutes of the

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meeting at which the oral disclosure was made. Any such

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memorandum becomes a public record upon filing, shall immediately

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be provided to the other members of the agency, and shall be read

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publicly at the next meeting held subsequent to the filing of

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this written memorandum.

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(4)(3)(a) A No county, municipal, or other local public

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officer may not shall vote in an official capacity upon any

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measure that which would inure to his or her special private gain

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or loss; that which he or she knows would inure to the special

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private gain or loss of any principal by whom he or she is

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retained or to the parent organization, sibling, or subsidiary of

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a corporate principal by which he or she is retained, other than

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an agency as defined in s. 112.312(2); or that which he or she

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knows would inure to the special private gain or loss of a

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relative or business associate of the public officer. Such public

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officer shall, before prior to the vote is being taken, publicly

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state to the assembly the nature of all of the officer's

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interests interest in the matter, and all of the interests in the

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matter of his or her principals, relatives, or business

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associates which are known to him or her, from which he or she is

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abstaining from voting and, within 15 days after the vote occurs,

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disclose the nature of all of his or her interests in the matter,

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and disclose the nature of all of the interests of his or her

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principals, relatives, or business associates which are known to

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him or her, his or her interest as a public record in a

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memorandum filed with the person responsible for recording the

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minutes of the meeting, who shall incorporate the memorandum in

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the minutes.

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(b) However, a commissioner of a community redevelopment

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agency created or designated pursuant to s. 163.356 or s.

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163.357, or an officer of an independent special tax district

200

elected on a one-acre, one-vote basis, is not prohibited from

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voting, when voting in that said capacity.

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(4) No appointed public officer shall participate in any

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matter which would inure to the officer's special private gain or

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loss; which the officer knows would inure to the special private

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gain or loss of any principal by whom he or she is retained or to

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the parent organization or subsidiary of a corporate principal by

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which he or she is retained; or which he or she knows would inure

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to the special private gain or loss of a relative or business

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associate of the public officer, without first disclosing the

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nature of his or her interest in the matter.

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(a) Such disclosure, indicating the nature of the conflict,

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shall be made in a written memorandum filed with the person

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responsible for recording the minutes of the meeting, prior to

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the meeting in which consideration of the matter will take place,

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and shall be incorporated into the minutes. Any such memorandum

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shall become a public record upon filing, shall immediately be

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provided to the other members of the agency, and shall be read

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publicly at the next meeting held subsequent to the filing of

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this written memorandum.

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(b) In the event that disclosure has not been made prior to

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the meeting or that any conflict is unknown prior to the meeting,

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the disclosure shall be made orally at the meeting when it

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becomes known that a conflict exists. A written memorandum

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disclosing the nature of the conflict shall then be filed within

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15 days after the oral disclosure with the person responsible for

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recording the minutes of the meeting and shall be incorporated

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into the minutes of the meeting at which the oral disclosure was

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made. Any such memorandum shall become a public record upon

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filing, shall immediately be provided to the other members of the

230

agency, and shall be read publicly at the next meeting held

231

subsequent to the filing of this written memorandum.

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(5) A county, municipal, or other local public officer may

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not participate in any matter that would inure to the officer's

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special private gain or loss; that the officer knows would inure

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to the special private gain or loss of any principal by whom he

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or she is retained or to the parent organization, sibling, or

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subsidiary of a corporate principal by which he or she is

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retained, other than an agency as defined in s. 112.312(2); or

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that he or she knows would inure to the special private gain or

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loss of a relative or business associate of the public officer,

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without first disclosing the nature of his or her interest in the

242

matter.

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(a) Such disclosure, indicating the nature of all of his or

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her interests in the matter and disclosing the nature of all of

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the interests of the principals, relatives, or business

246

associates which are known to him or her, shall be made in a

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written memorandum and filed with the person responsible for

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recording the minutes of the meeting before the meeting in which

249

consideration of the matter will take place, and shall be

250

incorporated into the minutes. Any such memorandum becomes a

251

public record upon filing, shall immediately be provided to the

252

other members of the agency, and shall be read publicly at the

253

next meeting held subsequent to the filing of this written

254

memorandum.

255

(b) If disclosure is not made before the meeting or if any

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conflict is unknown before the meeting, the disclosure shall be

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made orally at the meeting when it becomes known that a conflict

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exists. The written memorandum disclosing the nature of the

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conflict must be filed with the person responsible for recording

260

the minutes of the meeting within 15 days after the oral

261

disclosure and shall be incorporated into the minutes of the

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meeting at which the oral disclosure was made. Any such

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memorandum becomes a public record upon filing, shall immediately

264

be provided to the other members of the agency, and shall be read

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publicly at the next meeting held subsequent to the filing of

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this written memorandum.

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(6)(c) For purposes of this section subsection, the term

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"participate" means any attempt to influence the decision by oral

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or written communication, whether made by the officer or at the

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officer's direction.

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(7)(5) Whenever a public officer or former public officer

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is being considered for appointment or reappointment to public

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office, the appointing body shall consider the number and nature

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of the memoranda of conflict previously filed under this section

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by the said officer.

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Section 4. Paragraph (a) of subsection (1) and subsection

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(3) of section 112.3145, Florida Statutes, are amended to read:

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112.3145 Disclosure of financial interests and clients

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represented before agencies.--

280

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

281

otherwise requires, the term:

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(a) "Local officer" means:

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

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subdivision of the state, and every person who is appointed to

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fill a vacancy for an unexpired term in such an elective office.

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2. Any appointed member of any of the following boards,

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councils, commissions, authorities, or other bodies of any

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county, municipality, school district, independent special

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district, or other political subdivision of the state:

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a. The governing body of the political subdivision, if

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appointed;

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b. An expressway authority or transportation authority

293

established by general law;

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c. A community college or junior college district board of

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trustees;

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d. A board having the power to enforce local code

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provisions;

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

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of appeals, community redevelopment agency board, or other board

300

having the power to recommend, create, or modify land planning or

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zoning within the political subdivision, except for citizen

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advisory committees, technical coordinating committees, and such

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other groups who only have the power to make recommendations to

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planning or zoning boards;

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f. A pension board or retirement board having the power to

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invest pension or retirement funds or the power to make a binding

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determination of one's entitlement to or amount of a pension or

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other retirement benefit; or

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g. Any other appointed member of a local government board

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who is required to file a statement of financial interests by the

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appointing authority or the enabling legislation, ordinance, or

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resolution creating the board.

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3. Any person holding one or more of the following

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positions: mayor; county or city manager; chief administrative

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employee of a county, municipality, or other political

316

subdivision; county or municipal attorney; finance director of a

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county, municipality, or other political subdivision; chief

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county or municipal building code inspector; county or municipal

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water resources coordinator; county or municipal pollution

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control director; county or municipal environmental control

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director; county or municipal administrator, with power to grant

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or deny a land development permit; chief of police; fire chief;

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municipal clerk; district school superintendent; community

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college president; district medical examiner; or purchasing agent

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having the authority to make any purchase exceeding the threshold

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amount provided for in s. 287.017 for CATEGORY ONE, on behalf of

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any political subdivision of the state or any entity thereof.

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(3) The statement of financial interests for state

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officers, specified state employees, local officers, and persons

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seeking to qualify as candidates for state or local office shall

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be filed even if the reporting person holds no financial

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interests requiring disclosure, in which case the statement shall

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be marked "not applicable." Otherwise, the statement of financial

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interests shall include, at the filer's option, either:

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

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gross income received during the disclosure period by the person

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

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

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construed to require disclosure of a business partner's sources

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of income. The person reporting shall list such sources in

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descending order of value with the largest source first;

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

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10 percent of the gross income of a business entity in which the

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reporting person held a material interest and from which he or

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she received an amount which was in excess of 10 percent of his

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or her gross income during the disclosure period and which

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exceeds $1,500. The period for computing the gross income of the

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business entity is the fiscal year of the business entity which

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ended on, or immediately prior to, the end of the disclosure

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period of the person reporting;

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3. The location or description of real property in this

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state, except for residences and vacation homes, owned directly

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or indirectly by the person reporting, when such person owns in

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excess of 5 percent of the value of such real property, and a

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general description of any intangible personal property worth in

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excess of 10 percent of such person's total assets. For the

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purposes of this paragraph, indirect ownership does not include

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ownership by a spouse or minor child; and

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4. Every individual liability that equals more than the

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reporting person's net worth; or

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

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

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own name or by any other person for his or her use or benefit,

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excluding public salary. However, this shall not be construed to

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require disclosure of a business partner's sources of income. The

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person reporting shall list such sources in descending order of

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value with the largest source first;

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

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10 percent of the gross income of a business entity in which the

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reporting person held a material interest and from which he or

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she received gross income exceeding $5,000 during the disclosure

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period. The period for computing the gross income of the business

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entity is the fiscal year of the business entity which ended on,

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or immediately prior to, the end of the disclosure period of the

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person reporting;

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3. The location or description of real property in this

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state, except for residence and vacation homes, owned directly or

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indirectly by the person reporting, when such person owns in

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excess of 5 percent of the value of such real property, and a

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general description of any intangible personal property worth in

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excess of $10,000. For the purpose of this paragraph, indirect

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ownership does not include ownership by a spouse or minor child;

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and

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

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A person filing a statement of financial interests shall indicate

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on the statement whether he or she is using the method specified

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in paragraph (a) or the method specified in paragraph (b).

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Section 5. Paragraph (e) of subsection (2), subsection (3),

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subsection (4), and paragraph (a) of subsection (5) of section

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112.3148, Florida Statutes, are amended, and paragraph (f) is

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added to subsection (2) of that section, to read:

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112.3148 Reporting and prohibited receipt of gifts by

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individuals filing full or limited public disclosure of financial

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interests and by procurement employees.--

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(2) As used in this section:

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

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officer, department, board, commission, or council, or agency of

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the executive branch or judicial branch of state government who

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has participated in the preceding 12 months participates through

401

decision, approval, disapproval, recommendation, preparation of

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

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specification or procurement standard, rendering of advice,

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investigation, or auditing or in any other advisory capacity in

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the procurement of contractual services or commodities as defined

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in s. 287.012, if the cost of such services or commodities

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exceeds $10,000 $1,000 in any fiscal year.

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(f) "Vendor" means a business entity doing business

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directly with an agency, such as renting, leasing, or selling any

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realty, goods, or services.

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(3) A reporting individual or procurement employee is

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prohibited from soliciting any gift from a political committee or

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committee of continuous existence, as defined in s. 106.011, from

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a vendor doing business with the reporting individual's or

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procurement employee's agency, or from a lobbyist who lobbies the

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

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partner, firm, employer, or principal of such lobbyist, where

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such gift is for the personal benefit of the reporting individual

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or procurement employee, another reporting individual or

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

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reporting individual or procurement employee.

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(4) A reporting individual or procurement employee or any

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other person on his or her behalf is prohibited from knowingly

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accepting, directly or indirectly, a gift from a political

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

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106.011, from a vendor doing business with the reporting

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individual's or procurement employee's agency, or from a lobbyist

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who lobbies the reporting individual's or procurement employee's

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

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

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reasonably believes that the gift has a value in excess of $100;

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however, such a gift may be accepted by such person on behalf of

433

a governmental entity or a charitable organization. If the gift

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is accepted on behalf of a governmental entity or charitable

435

organization, the person receiving the gift shall not maintain

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custody of the gift for any period of time beyond that reasonably

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necessary to arrange for the transfer of custody and ownership of

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the gift.

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

440

existence, as defined in s. 106.011; a vendor doing business with

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the reporting individual's or procurement employee's agency; a

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lobbyist who lobbies a reporting individual's or procurement

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employee's agency; the partner, firm, employer, or principal of a

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

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principal, or employer of the lobbyist is prohibited from giving,

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either directly or indirectly, a gift that has a value in excess

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of $100 to the reporting individual or procurement employee or

448

any other person on his or her behalf; however, such person may

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give a gift having a value in excess of $100 to a reporting

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individual or procurement employee if the gift is intended to be

451

transferred to a governmental entity or a charitable

452

organization.

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Section 6. Paragraph (e) of subsection (1) and subsections

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(3) and (4) of section 112.3149, Florida Statutes, are amended,

455

and paragraph (f) is added to subsection (1) of that section, to

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read:

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112.3149 Solicitation and disclosure of honoraria.--

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(1) As used in this section:

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

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officer, department, board, commission, or council, or agency of

461

the executive branch or judicial branch of state government who

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has participated in the preceding 12 months participates through

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decision, approval, disapproval, recommendation, preparation of

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

465

specification or procurement standard, rendering of advice,

466

investigation, or auditing or in any other advisory capacity in

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the procurement of contractual services or commodities as defined

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in s. 287.012, if the cost of such services or commodities

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exceeds $10,000 $1,000 in any fiscal year.

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(f) "Vendor" means a business entity doing business

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directly with an agency, such as renting, leasing, or selling any

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realty, goods, or services.

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(3) A reporting individual or procurement employee is

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prohibited from knowingly accepting an honorarium from a

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political committee or committee of continuous existence, as

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defined in s. 106.011, from a vendor doing business with the

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reporting individual's or procurement employee's agency, from a

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lobbyist who lobbies the reporting individual's or procurement

479

employee's agency, or from the employer, principal, partner, or

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firm of such a lobbyist.

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(4) A political committee or committee of continuous

482

existence, as defined in s. 106.011, a vendor doing business with

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the reporting individual's or procurement employee's agency, a

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lobbyist who lobbies a reporting individual's or procurement

485

employee's agency, or the employer, principal, partner, or firm

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of such a lobbyist is prohibited from giving an honorarium to a

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reporting individual or procurement employee.

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Section 7. Subsection (8) of section 112.3215, Florida

489

Statutes, is amended, present subsections (11), (12), (13), and

490

(14) of that section are redesignated as subsections (12), (13),

491

(14), and (15), respectively, and a new subsection (11) is added

492

to that section, to read:

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112.3215 Lobbying before the executive branch or the

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Constitution Revision Commission; registration and reporting;

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investigation by commission.--

496

(8)(a) The commission shall investigate every sworn

497

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

498

this section has failed to register, has failed to submit a

499

compensation report, has made a prohibited expenditure, or has

500

knowingly submitted false information in any report or

501

registration required in this section.

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(b) All proceedings, the complaint, and other records

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relating to the investigation are confidential and exempt from

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

505

Constitution, and any meetings held pursuant to an investigation

506

are exempt from the provisions of s. 286.011(1) and s. 24(b),

507

Art. I of the State Constitution either until the alleged

508

violator requests in writing that such investigation and

509

associated records and meetings be made public or until the

510

commission determines, based on the investigation, whether

511

probable cause exists to believe that a violation has occurred.

512

513

lobbyist, principal, agency, officer, or employee upon receipt of

514

information from a sworn complaint or from a random audit of

515

lobbying reports indicating a possible violation other than a

516

late-filed report.

517

(d) Records relating to an audit conducted pursuant to this

518

section or an investigation conducted pursuant to this section or

519

s. 112.32155 are confidential and exempt from s. 119.07(1) and s.

520

24(a), Art. I of the State Constitution, and any meetings held

521

pursuant to such an investigation or at which such an audit is

522

discussed are exempt from s. 286.011 and s. 24(b), Art. I of the

523

State Constitution either until the lobbying firm requests in

524

writing that such investigation and associated records and

525

meetings be made public or until the commission determines there

526

is probable cause that the audit reflects a violation of the

527

reporting laws. This paragraph is subject to the Open Government

528

Sunset Review Act in accordance with s. 119.15 and shall stand

529

repealed on October 2, 2011, unless reviewed and saved from

530

repeal through reenactment by the Legislature.

531

(11) Any person who is required to be registered or to

532

provide information under this section or under rules adopted

533

pursuant to this section and who knowingly fails to disclose any

534

material fact that is required by this section or by rules

535

adopted pursuant to this section, or who knowingly provides false

536

information on any report required by this section or by rules

537

adopted pursuant to this section, commits a noncriminal

538

infraction, punishable by a fine not to exceed $5,000. Such

539

penalty is in addition to any other penalty assessed by the

540

Governor and Cabinet pursuant to subsection (10).

541

Section 8. Section 112.3136, Florida Statutes, is created

542

to read:

543

112.3136 Standards of conduct for officers and employees of

544

entities serving as chief administrative officer of political

545

subdivisions.--The officers, directors, and chief executive

546

officer of a corporation, partnership, or other business entity

547

that is serving as the chief administrative or executive officer

548

or employee of a political subdivision, and any business entity

549

employee who is acting as the chief administrative or executive

550

officer or employee of the political subdivision, shall be

551

treated as public officers and employees for the purpose of the

552

following sections:

553

(1) Section 112.313, and their "agency" is the political

554

subdivision that they serve; however, the contract under which

555

the business entity serves as chief executive or administrative

556

officer of the political subdivision is not deemed to violate s.

557

112.313(3) or s. 112.313(7).

558

(2) Section 112.3145, as a "local officer."

559

(3) Sections 112.3148 and 112.3149, as a "reporting

560

individual."

561

Section 9. Paragraph (e) is added to subsection (1) of

562

section 112.317, Florida Statutes, to read:

563

112.317 Penalties.--

564

(1) Violation of any provision of this part, including, but

565

not limited to, any failure to file any disclosures required by

566

this part or violation of any standard of conduct imposed by this

567

part, or violation of any provision of s. 8, Art. II of the State

568

Constitution, in addition to any criminal penalty or other civil

569

penalty involved, shall, under applicable constitutional and

570

statutory procedures, constitute grounds for, and may be punished

571

by, one or more of the following:

572

(e) In the case of a person who is subject to the standards

573

of this part, other than a lobbyist or lobbying firm under s.

574

112.3215 for a violation of s. 112.3215, but who is not a public

575

officer or employee:

576

1. Public censure and reprimand.

577

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

578

3. Restitution of any pecuniary benefits received because

579

of the violation committed. The commission may recommend that the

580

restitution penalty be paid to the agency of the person or to the

581

General Revenue Fund.

582

Section 10. Paragraph (d) of subsection (8) of section

583

112.324, Florida Statutes, is amended to read:

584

112.324 Procedures on complaints of violations; public

585

records and meeting exemptions.--

586

(8) If, in cases pertaining to complaints other than

587

complaints against impeachable officers or members of the

588

Legislature, upon completion of a full and final investigation by

589

the commission, the commission finds that there has been a

590

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

591

Constitution, it shall be the duty of the commission to report

592

its findings and recommend appropriate action to the proper

593

disciplinary official or body as follows, and such official or

594

body shall have the power to invoke the penalty provisions of

595

this part, including the power to order the appropriate elections

596

official to remove a candidate from the ballot for a violation of

597

s. 112.3145 or s. 8(a) and (i), Art. II of the State

598

Constitution:

599

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

600

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

601

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

602

former candidate, or person who is not a public officer or

603

employee, other than lobbyists and lobbying firms under s.

604

112.3215 for violations of s. 112.3215.

605

Section 11. Paragraph (a) of subsection (5) of section

606

411.01, Florida Statutes, is amended to read:

607

411.01 School readiness programs; early learning

608

coalitions.--

609

(5) CREATION OF EARLY LEARNING COALITIONS.--

610

(a) Early learning coalitions.--

611

1. The Agency for Workforce Innovation shall establish the

612

minimum number of children to be served by each early learning

613

coalition through the coalition's school readiness program. The

614

Agency for Workforce Innovation may only approve school readiness

615

plans in accordance with this minimum number. The minimum number

616

must be uniform for every early learning coalition and must:

617

a. Permit 30 or fewer coalitions to be established; and

618

b. Require each coalition to serve at least 2,000 children

619

based upon the average number of all children served per month

620

through the coalition's school readiness program during the

621

previous 12 months.

622

623

The Agency for Workforce Innovation shall adopt procedures for

624

merging early learning coalitions, including procedures for the

625

consolidation of merging coalitions, and for the early

626

termination of the terms of coalition members which are necessary

627

to accomplish the mergers. Each early learning coalition must

628

comply with the merger procedures and shall be organized in

629

accordance with this subparagraph by April 1, 2005. By June 30,

630

2005, each coalition must complete the transfer of powers,

631

duties, functions, rules, records, personnel, property, and

632

unexpended balances of appropriations, allocations, and other

633

funds to the successor coalition, if applicable.

634

2. If an early learning coalition would serve fewer

635

children than the minimum number established under subparagraph

636

1., the coalition must merge with another county to form a

637

multicounty coalition. However, the Agency for Workforce

638

Innovation may authorize an early learning coalition to serve

639

fewer children than the minimum number established under

640

subparagraph 1., if:

641

a. The coalition demonstrates to the Agency for Workforce

642

Innovation that merging with another county or multicounty region

643

contiguous to the coalition would cause an extreme hardship on

644

the coalition;

645

b. The Agency for Workforce Innovation has determined

646

during the most recent annual review of the coalition's school

647

readiness plan, or through monitoring and performance evaluations

648

conducted under paragraph (4)(l), that the coalition has

649

substantially implemented its plan and substantially met the

650

performance standards and outcome measures adopted by the agency;

651

and

652

c. The coalition demonstrates to the Agency for Workforce

653

Innovation the coalition's ability to effectively and efficiently

654

implement the Voluntary Prekindergarten Education Program.

655

656

If an early learning coalition fails or refuses to merge as

657

required by this subparagraph, the Agency for Workforce

658

Innovation may dissolve the coalition and temporarily contract

659

with a qualified entity to continue school readiness and

660

prekindergarten services in the coalition's county or multicounty

661

region until the coalition is reestablished through resubmission

662

of a school readiness plan and approval by the agency.

663

3. Notwithstanding the provisions of subparagraphs 1. and

664

2., the early learning coalitions in Sarasota, Osceola, and Santa

665

Rosa Counties which were in operation on January 1, 2005, are

666

established and authorized to continue operation as independent

667

coalitions, and shall not be counted within the limit of 30

668

coalitions established in subparagraph 1.

669

4. Each early learning coalition shall be composed of at

670

least 18 members but not more than 35 members. The Agency for

671

Workforce Innovation shall adopt standards establishing within

672

this range the minimum and maximum number of members that may be

673

appointed to an early learning coalition. These standards must

674

include variations for a coalition serving a multicounty region.

675

Each early learning coalition must comply with these standards.

676

5. The Governor shall appoint the chair and two other

677

members of each early learning coalition, who must each meet the

678

same qualifications as private sector business members appointed

679

by the coalition under subparagraph 7.

680

6. Each early learning coalition must include the following

681

members:

682

a. A Department of Children and Family Services district

683

administrator or his or her designee who is authorized to make

684

decisions on behalf of the department.

685

b. A district superintendent of schools or his or her

686

designee who is authorized to make decisions on behalf of the

687

district, who shall be a nonvoting member.

688

c. A regional workforce board executive director or his or

689

her designee.

690

d. A county health department director or his or her

691

designee.

692

e. A children's services council or juvenile welfare board

693

chair or executive director, if applicable, who shall be a

694

nonvoting member if the council or board is the fiscal agent of

695

the coalition or if the council or board contracts with and

696

receives funds from the coalition.

697

f. An agency head of a local licensing agency as defined in

698

s. 402.302, where applicable.

699

g. A president of a community college or his or her

700

designee.

701

h. One member appointed by a board of county commissioners.

702

i. A central agency administrator, where applicable, who

703

shall be a nonvoting member.

704

j. A Head Start director, who shall be a nonvoting member.

705

k. A representative of private child care providers,

706

including family day care homes, who shall be a nonvoting member.

707

l. A representative of faith-based child care providers,

708

who shall be a nonvoting member.

709

m. A representative of programs for children with

710

disabilities under the federal Individuals with Disabilities

711

Education Act, who shall be a nonvoting member.

712

7. Including the members appointed by the Governor under

713

subparagraph 5., more than one-third of the members of each early

714

learning coalition must be private sector business members who do

715

not have, and none of whose relatives as defined in s. 112.3143

716

has, a substantial financial interest in the design or delivery

717

of the Voluntary Prekindergarten Education Program created under

718

part V of chapter 1002 or the coalition's school readiness

719

program. To meet this requirement an early learning coalition

720

must appoint additional members from a list of nominees submitted

721

to the coalition by a chamber of commerce or economic development

722

council within the geographic region served by the coalition. The

723

Agency for Workforce Innovation shall establish criteria for

724

appointing private sector business members. These criteria must

725

include standards for determining whether a member or relative

726

has a substantial financial interest in the design or delivery of

727

the Voluntary Prekindergarten Education Program or the

728

coalition's school readiness program.

729

8. A majority of the voting membership of an early learning

730

coalition constitutes a quorum required to conduct the business

731

of the coalition.

732

9. A voting member of an early learning coalition may not

733

appoint a designee to act in his or her place, except as

734

otherwise provided in this paragraph. A voting member may send a

735

representative to coalition meetings, but that representative

736

does not have voting privileges. When a district administrator

737

for the Department of Children and Family Services appoints a

738

designee to an early learning coalition, the designee is the

739

voting member of the coalition, and any individual attending in

740

the designee's place, including the district administrator, does

741

not have voting privileges.

742

10. Each member of an early learning coalition is subject

743

to ss. 112.313, 112.3135, and 112.3143. For purposes of s.

744

112.3143(4)(a) s. 112.3143(3)(a), each voting member is a local

745

public officer who must abstain from voting when a voting

746

conflict exists.

747

11. For purposes of tort liability, each member or employee

748

of an early learning coalition shall be governed by s. 768.28.

749

12. An early learning coalition serving a multicounty

750

region must include representation from each county.

751

13. Each early learning coalition shall establish terms for

752

all appointed members of the coalition. The terms must be

753

staggered and must be a uniform length that does not exceed 4

754

years per term. Appointed members may serve a maximum of two

755

consecutive terms. When a vacancy occurs in an appointed

756

position, the coalition must advertise the vacancy.

757

Section 12. This act shall take effect January 1, 2009.

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