HB 1421

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	terms "business entity," "candidate," and "gift" as they
5	relate to the code of ethics for public officers and
6	employees; amending s. 112.313, F.S.; providing standards
7	of conduct for public officers and employees of state
8	agencies with regard to improper influence in the
9	performance of official duties; amending s. 112.3135,
10	F.S.; prohibiting a public official from appointing,
11	employing, or promoting a relative for a position in an
12	agency in which the official is a member of the collegial
13	body; providing penalties for the appointed or promoted
14	relative and the public official; creating s. 112.3142,
15	F.S.; providing legislative intent; providing definitions;
16	providing that a covered public official does not have a
17	conflict of interest or a voting conflict of interest in
18	an economic interest if he or she holds an economic
19	interest in a qualified blind trust; prohibiting the
20	public official from attempting to influence or exercise
21	control over decisions regarding the management of assets
22	in a qualified blind trust; prohibiting the covered public
23	official and any person having a beneficial interest in
24	the qualified blind trust from obtaining information
25	regarding the holdings of the trust; prohibiting
26	communications about the qualified blind trust between the
27	covered public official and the trustee; providing
28	exceptions for such communications; requiring the covered
29	public official to report certain assets and sources of
30	income; providing requirements for a qualified blind
31	trust; requiring the trust agreement to be filed with the
32	Commission on Ethics; providing requirements for the trust
33	agreement; requiring the public official to file an
34	amendment to the trust agreement under certain
35	circumstances; amending s. 112.3143, F.S.; defining the
36	term "principal by whom the officer is retained" as it
37	relates to voting conflicts for public officials;
38	authorizing a state public officer who holds an elective
39	office to vote in that official capacity on any matter
40	under certain circumstances; prohibiting a state public
41	officer who holds an appointive position and certain other
42	officials from voting or participating in an official
43	capacity under certain conditions; providing that a
44	commissioner of a community redevelopment agency or an
45	officer of an elected independent special tax district is
46	not prohibited from voting in that capacity as long as he
47	or she makes certain disclosures; prohibiting a public
48	officer, employee of an agency, or local government
49	attorney, knowing that a public officer has a voting
50	conflict of interest as provided under this section, from
51	aiding or assisting that public officer in order to
52	influence a decision in such a way as to benefit the
53	officer or his or her principal, relative, or business
54	associate; amending s. 112.3144, F.S.; authorizing a
55	candidate for office to file with the commission a copy of
56	the full and public disclosure of financial interests used
57	for purposes of qualifying as a candidate; amending s.
58	112.3145, F.S.; redefining the terms "local officer" and
59	"specified state employee" for the purpose of disclosing
60	financial interests; authorizing a candidate for office to
61	file with the commission a copy of the statement of
62	financial interests used for purposes of qualifying as a
63	candidate; requiring a person filing a statement of
64	financial interests to indicate on the statement which
65	method of calculation he or she is using to complete the
66	statement; amending s. 112.3148, F.S.; redefining the term
67	"procurement employee" and defining the term "vendor" for
68	the purpose of reporting the receipt of certain gifts by
69	procurement employees and certain individuals; prohibiting
70	a reporting individual or procurement employee from
71	soliciting or accepting any gift from a vendor doing
72	business with the reporting individual's or procurement
73	employee's agency; prohibiting a vendor doing business
74	with the reporting individual's or procurement employee's
75	agency from giving certain gifts to a reporting individual
76	or procurement employee; amending s. 112.3149, F.S.;
77	redefining the term "procurement employee" and defining
78	the term "vendor" for the purpose of solicitation and
79	disclosure of honoraria; prohibiting a reporting
80	individual or procurement employee from accepting an
81	honorarium from a vendor doing business with the reporting
82	individual's or procurement employee's agency; prohibiting
83	a vendor doing business with the reporting individual's or
84	procurement employee's agency from giving an honorarium to
85	a reporting individual or procurement employee; amending
86	s. 112.317, F.S.; increasing certain civil penalties for
87	violating the code of ethics for public officers and
88	employees; revising the standard for the commission to use
89	in determining if a complaint against a public officer or
90	employee is false; amending s. 112.324, F.S.; requiring
91	the commission to investigate any alleged violation of the
92	code of ethics for public officers and employees, or any
93	other alleged breach of the public trust within the
94	jurisdiction of the commission, upon a written complaint
95	or receipt of an information or referral; revising and
96	clarifying procedures regarding violations of the code of
97	ethics for public officers and employees; providing that
98	the standard of proof for a finding of probable cause is
99	by a preponderance of the evidence; amending s. 112.3215,
100	F.S.; requiring the commission to investigate every sworn
101	complaint that is filed alleging that certain persons have
102	made a prohibited expenditure; requiring the commission to
103	investigate any lobbyist or principal upon receipt of
104	information from a sworn complaint or from a random audit
105	of lobbying reports indicating a possible violation;
106	providing for a civil penalty; amending s. 411.01, F.S.;
107	conforming a cross-reference; providing an effective date.
108
109	Be It Enacted by the Legislature of the State of Florida:
110
111	Section 1.  Subsections (5), (6), and (12) of section
112	112.312, Florida Statutes, are amended to read:
113	112.312  Definitions.-As used in this part and for purposes
114	of the provisions of s. 8, Art. II of the State Constitution,
115	unless the context otherwise requires:
116	(5)  "Business entity" means any corporation, company,
117	partnership, limited partnership, proprietorship, firm,
118	enterprise, franchise, association, self-employed individual, or
119	trust, whether fictitiously named or not, doing business in this
120	state.
121	(6)  "Candidate" means any person who has filed a statement
122	of financial interest and qualification papers, has subscribed
123	to the candidate's oath as required by s. 99.021 or s. 105.031,
124	and seeks by election to become a public officer. This
125	definition expressly excludes a committeeman or committeewoman
126	regulated by chapter 103 and persons seeking any other office or
127	position in a political party.
128	(12)(a)  "Gift," for purposes of ethics in government and
129	financial disclosure required by law, means that which is
130	accepted by a donee or by another on the donee's behalf, or that
131	which is paid or given to another for or on behalf of a donee,
132	directly, indirectly, or in trust for the donee's benefit or by
133	any other means, for which equal or greater consideration is not
134	given within 90 days, including:
135	1.  Real property.
136	2.  The use of real property.
137	3.  Tangible or intangible personal property.
138	4.  The use of tangible or intangible personal property.
139	5.  A preferential rate or terms on a debt, loan, goods, or
140	services, which rate is below the customary rate and is not
141	either a government rate available to all other similarly
142	situated government employees or officials or a rate which is
143	available to similarly situated members of the public by virtue
144	of occupation, affiliation, age, religion, sex, or national
145	origin.
146	6.  Forgiveness of an indebtedness.
147	7.  Transportation, other than that provided to a public
148	officer or employee by an agency in relation to officially
149	approved governmental business, lodging, or parking.
150	8.  Food or beverage.
151	9.  Membership dues.
152	10.  Entrance fees, admission fees, or tickets to events,
153	performances, or facilities.
154	11.  Plants, flowers, or floral arrangements.
155	12.  Services provided by persons pursuant to a
156	professional license or certificate.
157	13.  Other personal services for which a fee is normally
158	charged by the person providing the services.
159	14.  Any other similar service or thing having an
160	attributable value not already provided for in this section.
161	(b)  "Gift" does not include:
162	1.  Salary, benefits, services, fees, commissions, gifts,
163	or expenses associated primarily with the donee's employment,
164	business, or service as an officer or director of a corporation
165	or organization.
166	2.  Contributions or expenditures reported pursuant to
167	chapter 106 or federal election law, campaign-related personal
168	services provided without compensation by individuals
169	volunteering their time, or any other contribution or
170	expenditure by a political party.
171	3.  An honorarium or an expense related to an honorarium
172	event paid to a person or the person's spouse.
173	4.  An award, plaque, certificate, or similar personalized
174	item given in recognition of the donee's public, civic,
175	charitable, or professional service.
176	5.  An honorary membership in a service or fraternal
177	organization presented merely as a courtesy by such
178	organization.
179	6.  The use of a public facility or public property, made
180	available by a governmental agency, for a public purpose.
181	7.  Transportation provided to a public officer or employee
182	by an agency in relation to officially approved governmental
183	business.
184	8.  Gifts provided directly or indirectly by a state,
185	regional, or national organization which promotes the exchange
186	of ideas between, or the professional development of,
187	governmental officials or employees, and whose membership is
188	primarily composed of elected or appointed public officials or
189	staff, to members of that organization or officials or staff of
190	a governmental agency that is a member of that organization.
191	(c)  For the purposes of paragraph (a), "intangible
192	personal property" means property as defined in s.
193	192.001(11)(b).
194	(d)  For the purposes of paragraph (a), the term
195	"consideration" does not include a promise to pay or otherwise
196	provide something of value unless the promise is in writing and
197	enforceable through the courts.
198	Section 2.  Subsection (18) is added to section 112.313,
199	Florida Statutes, to read:
200	112.313  Standards of conduct for public officers,
201	employees of agencies, and local government attorneys.-
202	(18)  PUBLIC OFFICERS AND EMPLOYEES OF A STATE AGENCY.-A
203	public officer or employee of an agency may not knowingly, or
204	with reason to know, act in a manner that would cause a
205	reasonable person, having knowledge of the relevant
206	circumstances, to conclude that any person can improperly
207	influence or unduly enjoy his or her favor in the performance of
208	his or her official duties, or that he or she is likely to act
209	or fail to act as a result of kinship, rank, position, or undue
210	influence of any party or person. It shall be deemed
211	unreasonable to so conclude if such officer or employee has
212	disclosed in writing to his or her appointing authority or, if
213	no appointing authority exists, discloses in a manner that is
214	public in nature, the facts that would otherwise lead to such a
215	conclusion.
216	Section 3.  Paragraph (a) of subsection (2) of section
217	112.3135, Florida Statutes, is amended to read:
218	112.3135  Restriction on employment of relatives.-
219	(2)(a)  A public official may not appoint, employ, promote,
220	or advance, or advocate for appointment, employment, promotion,
221	or advancement, in or to a position in the agency in which the
222	official is serving or over which the official exercises
223	jurisdiction or control, or the collegial body of which the
224	official is a member, any individual who is a relative of the
225	public official. An individual may not be appointed, employed,
226	promoted, or advanced in or to a position in an agency if such
227	appointment, employment, promotion, or advancement has been made
228	or advocated by a public official, serving in or exercising
229	jurisdiction or control over the agency, who is a relative of
230	the individual or if such appointment, employment, promotion, or
231	advancement is made by a collegial body of which a relative of
232	the individual is a member. If a prohibited appointment,
233	employment, promotion, or advancement occurs, both the official
234	and the individual are subject to penalties under s. 112.317;
235	however, if the appointment, employment, promotion, or
236	advancement is made by the collegial body of which the official
237	is a member without the official's participation, only the
238	individual is subject to penalties under s. 112.317. However,
239	This subsection does shall not apply to appointments to boards
240	other than those with land-planning or zoning responsibilities
241	in those municipalities with less than 35,000 population. This
242	subsection does not apply to persons serving in a volunteer
243	capacity who provide emergency medical, firefighting, or police
244	services. Such persons may receive, without losing their
245	volunteer status, reimbursements for the costs of any training
246	they get relating to the provision of volunteer emergency
247	medical, firefighting, or police services and payment for any
248	incidental expenses relating to those services that they
249	provide.
250	Section 4.  Section 112.3142, Florida Statutes, is created
251	to read:
252	112.3142  Qualified blind trusts.-
253	(1)  The Legislature finds that if a trust is created by a
254	public official and the official does not know the identity of
255	the financial interests held by the trust and does not control
256	the interests held by the trust, his or her official actions
257	will not be influenced or appear to be influenced by private
258	considerations. Thus, the public policy goal to be achieved
259	through reliance on a blind trust is an actual "blindness," or
260	lack of knowledge or control by the official with respect to the
261	interests held in trust.
262	(2)  As used in this section, the term:
263	(a)  "Cabinet member" has the same meaning as in s. 20.03.
264	(b)  "Commission" means the Commission on Ethics.
265	(c)  "Covered public official" means the Governor, the
266	Lieutenant Governor, and each member of the Cabinet.
267	(3)  If a covered public official holds an economic
268	interest in a qualified blind trust, he or she does not have a
269	conflict of interest prohibited under s. 112.313(3) or s.
270	112.313(7) or a voting conflict of interest under s. 112.3143
271	with regard to matters pertaining to that economic interest.
272	(4)  Except as otherwise provided in this section, the
273	covered public official may not attempt to influence or exercise
274	any control over decisions regarding the management of assets in
275	a qualified blind trust. The covered public official and each
276	person having a beneficial interest in the qualified blind trust
277	may not make any effort to obtain information with respect to
278	the holdings of the trust, including obtaining a copy of any
279	trust tax return filed or any information relating thereto,
280	except as otherwise provided in this section.
281	(5)  Except for communications that consist solely of
282	requests for distributions of cash or other unspecified assets
283	of the trust, there may not be any direct or indirect
284	communication with respect to the trust between the covered
285	public official or any person having a beneficial interest in
286	the qualified blind trust and the trustee, unless such
287	communication is in writing and unless it relates only to:
288	(a)  A request for a distribution from the trust which does
289	not specify whether the distribution shall be made in cash or in
290	kind;
291	(b)  The general financial interests and needs of the
292	covered public official or interested person, including, but not
293	limited to, an interest in maximizing income or long-term
294	capital gain;
295	(c)  The notification of the trustee of a law or regulation
296	subsequently applicable to the covered public official which
297	prohibits the covered official from holding an asset and which
298	notification directs that the asset not be held by the trust; or
299	(d)  Directions to the trustee to sell all of an asset
300	initially placed in the trust by the covered public official
301	which in the determination of the covered public official
302	creates a conflict of interest or the appearance of a conflict
303	of interest due to the subsequent assumption of duties by the
304	public official.
305	(6)  The covered public official shall report as an asset
306	on his or her financial disclosure forms the beneficial interest
307	in the blind trust, and shall report its value if value is
308	required to be disclosed. The covered public official shall
309	report the blind trust as a primary source of income on his or
310	her financial disclosure forms, and shall report its amount if
311	the amount of income is required to be disclosed. The covered
312	public official is not required to report as a secondary source
313	of income any source of income to the blind trust.
314	(7)  In order to constitute a qualified blind trust, the
315	trust must be established by the covered public official and
316	meet the following requirements:
317	(a)  The person or entity appointed as a trustee must not
318	be:
319	1.  The covered public official's spouse, child, parent,
320	grandparent, grandchild, brother, sister, parent-in-law,
321	brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
322	the spouse of any such person;
323	2.  A person who is an elected or appointed public officer
324	or a public employee; or
325	3.  A person who has been appointed to serve in an agency
326	by the covered public official or by a public officer or public
327	employee supervised by the covered public official.
328	(b)  The trust agreement that establishes the blind trust
329	must:
330	1.  Contain a clear statement of its purpose, namely, to
331	remove from the grantor control and knowledge of investment of
332	trust assets so that conflicts between the grantor's
333	responsibilities as a public official and his or her private
334	interests will be eliminated.
335	2.  Give the trustee complete discretion to manage the
336	trust, including, but not limited to, the power to dispose of
337	and acquire trust assets without consulting or notifying the
338	covered public official or any person having a beneficial
339	interest in the trust.
340	3.  Prohibit communication between the trustee and the
341	covered public official and any person having a beneficial
342	interest in the trust concerning the holdings or sources of
343	income of the trust, except amounts of cash value or net income
344	or loss. However, such report may not identify any asset or
345	holding, except as provided in this section.
346	4.  Provide that the trust tax return is to be prepared by
347	the trustee or his or her designee, and that any information
348	relating to the trust tax return is not to be disclosed to the
349	covered public official or to any other beneficiary except as
350	provided in this section.
351	5.  Allow the trustee to notify the covered public official
352	of the date of disposition and value at disposition of any
353	original investment or interests in real property to the extent
354	required by federal tax law so that information can be reported
355	on the covered public official's applicable tax returns.
356	6.  Prohibit the trustee from disclosing to the covered
357	public official and any person having a beneficial interest in
358	the trust any information concerning replacement assets to the
359	trust, except for the minimum tax information that lists only
360	the totals of taxable items from the trust and does not describe
361	the source of individual items of income.
362	7.  Provide that the trustee may not invest trust assets in
363	business entities that he or she knows are regulated by or do a
364	significant amount of business with the covered public
365	official's public agency.
366	8.  Provide that the trust is not effective until it is
367	approved by the commission.
368	(c)  The obligations of the trustee and the official under
369	the trust agreement must be observed by them.
370	(d)  The trust shall contain only readily marketable
371	assets.
372	(e)  The trust must be approved by the commission as
373	meeting the requirements of this section.
374	(8)  A copy of the trust agreement must be filed with the
375	commission no later than 5 business days after the agreement is
376	executed and must include:
377	(a)  A listing of the assets placed in the trust;
378	(b)  A statement detailing the date the agreement was
379	executed;
380	(c)  The name and address of the trustee; and
381	(d)  A separate statement signed by the trustee, under
382	penalty of perjury, certifying that he or she will not reveal
383	any information to the covered public official or any person
384	having a beneficial interest in the qualified blind trust,
385	except for information that is authorized under this section,
386	and that, to the best of the trustee's knowledge, the submitted
387	blind trust agreement complies with this section.
388	(9)  If the trust is revoked while the covered public
389	official is a public officer, or if the covered public official
390	learns of any replacement assets that have been added to the
391	trust, the covered public official must file an amendment to his
392	or her most recent financial disclosure statement. The amendment
393	must be filed no later than 60 days after the date of revocation
394	or the addition of the replacement assets. The covered public
395	official must disclose the previously unreported pro rata share
396	of the trust's interests in investments or income deriving from
397	any such investments. For purposes of this section, any replaced
398	asset of which the covered public official learns shall
399	thereafter be treated as though the asset were an original asset
400	of the trust.
401	Section 5.  Section 112.3143, Florida Statutes, is amended
402	to read:
403	112.3143  Voting conflicts.-
404	(1)  As used in this section, the term:
405	(a)  "Principal by whom the officer is retained" means an
406	individual or entity, other than an agency as defined in s.
407	112.312(2), which for compensation, salary, pay, consideration,
408	or similar thing of value, has permitted or directed another to
409	act for the individual or entity, and includes, but is not
410	limited to, one's client, employer, or master, or the parent,
411	subsidiary, or sibling organization of one's client, employer,
412	or master.
413	(b)(a)  "Public officer" includes any person elected or
414	appointed to hold office in any agency, including any person
415	serving on an advisory body.
416	(c)(b)  "Relative" means any father, mother, son, daughter,
417	husband, wife, brother, sister, father-in-law, mother-in-law,
418	son-in-law, or daughter-in-law.
419	(2)  A No state public officer holding an elective office
420	is not prohibited from voting in that an official capacity on
421	any matter. However, when any state public officer voting in an
422	official capacity upon any measure that which would inure to the
423	officer's special private gain or loss; that which he or she
424	knows would inure to the special private gain or loss of any
425	principal by whom the officer is retained or to the parent
426	organization or subsidiary of a corporate principal by which the
427	officer is retained; or that which the officer knows would inure
428	to the special private gain or loss of a relative or business
429	associate of the public officer, the officer shall, within 15
430	days after the vote occurs, disclose the nature of all of his or
431	her interests in the matter and disclose the nature of all of
432	the interests of his or her principals, relatives, or business
433	associates which are known to him or her his or her interest as
434	a public record in a memorandum filed with the person
435	responsible for recording the minutes of the meeting, who shall
436	incorporate the memorandum in the minutes.
437	(3)(a)  A state public officer holding an appointive
438	position and a No county, municipal, or other local public
439	officer may not shall vote in an official capacity upon any
440	measure that which would inure to his or her special private
441	gain or loss; that which he or she knows would inure to the
442	special private gain or loss of any principal by whom he or she
443	is retained or to the parent organization or subsidiary of a
444	corporate principal by which he or she is retained, other than
445	an agency as defined in s. 112.312(2); or that which he or she
446	knows would inure to the special private gain or loss of a
447	relative or business associate of the public officer. Such
448	public officer shall, before prior to the vote is being taken,
449	publicly state to the assembly the nature of all
450	officer's interests, and all of the interests of his or her
451	principals, relatives, or business associates which are known to
452	him or her, interest in the matter from which he or she is
453	abstaining from voting and, within 15 days after the vote
454	occurs, disclose the nature of all of his or her interests in
455	the matter and disclose the nature of all of the interests of
456	his or her principals, relatives, or business associates which
457	are known to him or her, his or her interest as a public record
458	in a memorandum filed with the person responsible for recording
459	the minutes of the meeting, who shall incorporate the memorandum
460	in the minutes.
461	(b)  However, a commissioner of a community redevelopment
462	agency created or designated pursuant to s. 163.356 or s.
463	163.357, or an officer of an independent special tax district
464	elected on a one-acre, one-vote basis, is not prohibited from
465	voting, when voting in said capacity.
466	(4)  A state public officer holding an appointive position,
467	and a county, municipal, or other local No appointed public
468	officer may not shall participate in any matter that which would
469	inure to the officer's special private gain or loss; that which
470	the officer knows would inure to the special private gain or
471	loss of any principal by whom he or she is retained or to the
472	parent organization or subsidiary of a corporate principal by
473	which he or she is retained; or that which he or she knows would
474	inure to the special private gain or loss of a relative or
475	business associate of the public officer, without first
476	disclosing the nature of his or her interest in the matter.
477	(5)  A commissioner of a community redevelopment agency
478	created or designated pursuant to s. 163.356 or s. 163.357, or
479	an officer of an independent special tax district elected on a
480	one-acre, one-vote basis, is not prohibited from voting in that
481	capacity, but must make the disclosures provided for in
482	subsection (3). In addition, such officer may not participate in
483	such a measure without first disclosing the nature of his or her
484	interest and those of his or her principal, relative, or
485	business associate in the matter.
486	(a)  Such disclosure, indicating the nature of the
487	conflict, shall be made in a written memorandum filed with the
488	person responsible for recording the minutes of the meeting,
489	prior to the meeting in which consideration of the matter will
490	take place, and shall be incorporated into the minutes. Any such
491	memorandum shall become a public record upon filing, shall
492	immediately be provided to the other members of the agency, and
493	shall be read publicly at the next meeting held subsequent to
494	the filing of this written memorandum.
495	(b)  If In the event that disclosure has not been made
496	before prior to the meeting or if that any conflict is unknown
497	before prior to the meeting, the disclosure shall be made orally
498	at the meeting when it becomes known that a conflict exists. A
499	written memorandum disclosing the nature of the conflict shall
500	then be filed within 15 days after the oral disclosure with the
501	person responsible for recording the minutes of the meeting and
502	shall be incorporated into the minutes of the meeting at which
503	the oral disclosure was made. Any such memorandum shall become a
504	public record upon filing, shall immediately be provided to the
505	other members of the agency, and shall be read publicly at the
506	next meeting held subsequent to the filing of this written
507	memorandum.
508	(6)(c)  For purposes of this section subsection, the term
509	"participate" means any attempt to influence the decision by
510	oral or written communication to any officer, employee, or
511	member of the agency, whether made by the officer or at the
512	officer's direction.
513	(7)(5)  Whenever a public officer or former public officer
514	is being considered for appointment or reappointment to public
515	office, the appointing body shall consider the number and nature
516	of the memoranda of conflict previously filed under this section
517	by the said officer.
518	(8)  A public officer, employee of an agency, or local
519	government attorney, knowing that a public officer has a voting
520	conflict of interest as provided under this section, may not aid
521	or assist that public officer in order to influence the decision
522	in such a way as to benefit the officer or his or her principal,
523	relative, or business associate.
524	Section 6.  Subsection (2) of section 112.3144, Florida
525	Statutes, is amended to read:
526	112.3144  Full and public disclosure of financial
527	interests.-
528	(2)  A person who is required, pursuant to s. 8, Art. II of
529	the State Constitution, to file a full and public disclosure of
530	financial interests and who has filed a full and public
531	disclosure of financial interests for any calendar or fiscal
532	year is shall not be required to file a statement of financial
533	interests pursuant to s. 112.3145(2) and (3) for the same year
534	or for any part thereof notwithstanding any requirement of this
535	part., except that A candidate for office who has filed a full
536	and public disclosure of financial interests when qualifying as
537	a candidate before July 1 may file a copy of that disclosure,
538	instead of filing a second original disclosure, with the
539	commission as the annual disclosure required under this section.
540	A candidate who does not qualify until after the annual full and
541	public disclosure has been filed under this section shall file a
542	copy of his or her disclosure with the officer before whom he or
543	she qualifies.
544	Section 7.  Subsections (1), (2), and (3) of section
545	112.3145, Florida Statutes, are amended to read:
546	112.3145  Disclosure of financial interests and clients
547	represented before agencies.-
548	(1)  For purposes of this section, unless the context
549	otherwise requires, the term:
550	(a)  "Local officer" means:
551	1.  Every person who is elected to office in any political
552	subdivision of the state, and every person who is appointed to
553	fill a vacancy for an unexpired term in such an elective office.
554	2.  Any appointed member of any of the following boards,
555	councils, commissions, authorities, or other bodies of any
556	county, municipality, school district, independent special
557	district, or other political subdivision of the state:
558	a.  The governing body of the political subdivision, if
559	appointed;
560	b.  An expressway authority or transportation authority
561	established by general law;
562	b.c.  A community college or junior college district board
563	of trustees;
564	c.d.  A board having the power to enforce local code
565	provisions;
566	d.e.  A planning or zoning board, board of adjustment,
567	board of appeals, community redevelopment agency board, or other
568	board having the power to recommend, create, or modify land
569	planning or zoning within the political subdivision, except for
570	citizen advisory committees, technical coordinating committees,
571	and such other groups who only have the power to make
572	recommendations to planning or zoning boards;
573	e.f.  A pension board or retirement board having the power
574	to invest pension or retirement funds or the power to make a
575	binding determination of one's entitlement to or amount of a
576	pension or other retirement benefit; or
577	f.g.  Any other appointed member of a local government
578	board who is required to file a statement of financial interests
579	by the appointing authority or the enabling legislation,
580	ordinance, or resolution creating the board.
581	3.  Any person holding one or more of the following
582	positions: mayor; county or city manager; chief administrative
583	employee of a county, municipality, or other political
584	subdivision; county or municipal attorney; finance director of a
585	county, municipality, or other political subdivision; chief
586	county or municipal building code inspector; county or municipal
587	water resources coordinator; county or municipal pollution
588	control director; county or municipal environmental control
589	director; county or municipal administrator, with power to grant
590	or deny a land development permit; chief of police; fire chief;
591	municipal clerk; district school superintendent; community
592	college president; district medical examiner; or purchasing
593	agent having the authority to make any purchase exceeding the
594	threshold amount provided for in s. 287.017 for CATEGORY ONE, on
595	behalf of any political subdivision of the state or any entity
596	thereof.
597	(b)  "Specified state employee" means:
598	1.  Public counsel created by chapter 350, an assistant
599	state attorney, an assistant public defender, a criminal
600	conflict and civil regional counsel, an assistant criminal
601	conflict and civil regional counsel, a full-time state employee
602	who serves as counsel or assistant counsel to any state agency,
603	the Deputy Chief Judge of Compensation Claims, a judge of
604	compensation claims, an administrative law judge, or a hearing
605	officer.
606	2.  Any person employed in the office of the Governor or in
607	the office of any member of the Cabinet if that person is exempt
608	from the Career Service System, except persons employed in
609	clerical, secretarial, or similar positions.
610	3.  The State Surgeon General or each appointed secretary,
611	assistant secretary, deputy secretary, executive director,
612	assistant executive director, or deputy executive director of
613	each state department, commission, board, or council; unless
614	otherwise provided, the division director, assistant division
615	director, deputy director, bureau chief, and assistant bureau
616	chief of any state department or division; or any person having
617	the power normally conferred upon such persons, by whatever
618	title.
619	4.  The superintendent or institute director of a state
620	mental health institute established for training and research in
621	the mental health field or the warden or director of any major
622	state institution or facility established for corrections,
623	training, treatment, or rehabilitation.
624	5.  Business managers, purchasing agents having the power
625	to make any purchase exceeding the threshold amount provided for
626	in s. 287.017 for CATEGORY ONE, finance and accounting
627	directors, personnel officers, or grants coordinators for any
628	state agency.
629	6.  Any person, other than a legislative assistant exempted
630	by the presiding officer of the house by which the legislative
631	assistant is employed, who is employed in the legislative branch
632	of government, except persons employed in maintenance, clerical,
633	secretarial, or similar positions.
634	7.  Each employee of the Commission on Ethics.
635	(c)  "State officer" means:
636	1.  Any elected public officer, excluding those elected to
637	the United States Senate and House of Representatives, not
638	covered elsewhere in this part and any person who is appointed
639	to fill a vacancy for an unexpired term in such an elective
640	office.
641	2.  An appointed member of each board, commission,
642	authority, or council having statewide jurisdiction, excluding a
643	member of an advisory body.
644	3.  A member of the Board of Governors of the State
645	University System or a state university board of trustees, the
646	Chancellor and Vice Chancellors of the State University System,
647	and the president of a state university.
648	4.  A member of the judicial nominating commission for any
649	district court of appeal or any judicial circuit.
650	(2)(a)  A person seeking nomination or election to a state
651	or local elective office shall file a statement of financial
652	interests together with, and at the same time he or she files,
653	qualifying papers. A candidate for office who has filed a
654	statement of financial interests when qualifying as a candidate
655	before July 1 may file a copy of that statement, instead of
656	filing a second original statement, as the annual disclosure
657	required under this section. A candidate who does not qualify
658	until after the annual statement of financial interests has been
659	filed under this section shall file a copy of his or her
660	disclosure with the officer before whom he or she qualifies.
661	(b)  Each state or local officer and each specified state
662	employee shall file a statement of financial interests no later
663	than July 1 of each year. Each state officer, local officer, and
664	specified state employee shall file a final statement of
665	financial interests within 60 days after leaving his or her
666	public position for the period between January 1 of the year in
667	which the person leaves and the last day of office or
668	employment, unless within the 60-day period the person takes
669	another public position requiring financial disclosure under
670	this section or s. 8, Art. II of the State Constitution or
671	otherwise is required to file full and public disclosure or a
672	statement of financial interests for the final disclosure
673	period. Each state or local officer who is appointed and each
674	specified state employee who is employed shall file a statement
675	of financial interests within 30 days from the date of
676	appointment or, in the case of a specified state employee, from
677	the date on which the employment begins, except that any person
678	whose appointment is subject to confirmation by the Senate shall
679	file prior to confirmation hearings or within 30 days from the
680	date of appointment, whichever comes first.
681	(c)  State officers and specified state employees shall
682	file their statements of financial interests with the Commission
683	on Ethics. Local officers shall file their statements of
684	financial interests with the supervisor of elections of the
685	county in which they permanently reside. Local officers who do
686	not permanently reside in any county in the state shall file
687	their statements of financial interests with the supervisor of
688	elections of the county in which their agency maintains its
689	headquarters. Persons seeking to qualify as candidates for local
690	public office shall file their statements of financial interests
691	with the officer before whom they qualify.
692	(3)  The statement of financial interests for state
693	officers, specified state employees, local officers, and persons
694	seeking to qualify as candidates for state or local office shall
695	be filed even if the reporting person holds no financial
696	interests requiring disclosure, in which case the statement
697	shall be marked "not applicable." Otherwise, the statement of
698	financial interests shall include, at the filer's option,
699	either:
700	(a)1.  All sources of income in excess of 5 percent of the
701	gross income received during the disclosure period by the person
702	in his or her own name or by any other person for his or her use
703	or benefit, excluding public salary. However, this shall not be
704	construed to require disclosure of a business partner's sources
705	of income. The person reporting shall list such sources in
706	descending order of value with the largest source first;
707	2.  All sources of income to a business entity in excess of
708	10 percent of the gross income of a business entity in which the
709	reporting person held a material interest and from which he or
710	she received an amount which was in excess of 10 percent of his
711	or her gross income during the disclosure period and which
712	exceeds $1,500. The period for computing the gross income of the
713	business entity is the fiscal year of the business entity which
714	ended on, or immediately prior to, the end of the disclosure
715	period of the person reporting;
716	3.  The location or description of real property in this
717	state, except for residences and vacation homes, owned directly
718	or indirectly by the person reporting, when such person owns in
719	excess of 5 percent of the value of such real property, and a
720	general description of any intangible personal property worth in
721	excess of 10 percent of such person's total assets. For the
722	purposes of this paragraph, indirect ownership does not include
723	ownership by a spouse or minor child; and
724	4.  Every individual liability that equals more than the
725	reporting person's net worth; or
726	(b)1.  All sources of gross income in excess of $2,500
727	received during the disclosure period by the person in his or
728	her own name or by any other person for his or her use or
729	benefit, excluding public salary. However, this shall not be
730	construed to require disclosure of a business partner's sources
731	of income. The person reporting shall list such sources in
732	descending order of value with the largest source first;
733	2.  All sources of income to a business entity in excess of
734	10 percent of the gross income of a business entity in which the
735	reporting person held a material interest and from which he or
736	she received gross income exceeding $5,000 during the disclosure
737	period. The period for computing the gross income of the
738	business entity is the fiscal year of the business entity which
739	ended on, or immediately prior to, the end of the disclosure
740	period of the person reporting;
741	3.  The location or description of real property in this
742	state, except for residence and vacation homes, owned directly
743	or indirectly by the person reporting, when such person owns in
744	excess of 5 percent of the value of such real property, and a
745	general description of any intangible personal property worth in
746	excess of $10,000. For the purpose of this paragraph, indirect
747	ownership does not include ownership by a spouse or minor child;
748	and
749	4.  Every liability in excess of $10,000.
750
751	A person filing a statement of financial interests shall
752	indicate on the statement whether he or she is using the method
753	specified in paragraph (a) or the method specified in paragraph
754	(b).
755	Section 8.  Subsections (2), (3), (4), and (5) of section
756	112.3148, Florida Statutes, are amended to read:
757	112.3148  Reporting and prohibited receipt of gifts by
758	individuals filing full or limited public disclosure of
759	financial interests and by procurement employees.-
760	(2)  As used in this section:
761	(a)  "Immediate family" means any parent, spouse, child, or
762	sibling.
763	(b)1.  "Lobbyist" means any natural person who, for
764	compensation, seeks, or sought during the preceding 12 months,
765	to influence the governmental decisionmaking of a reporting
766	individual or procurement employee or his or her agency or
767	seeks, or sought during the preceding 12 months, to encourage
768	the passage, defeat, or modification of any proposal or
769	recommendation by the reporting individual or procurement
770	employee or his or her agency.
771	2.  With respect to an agency that has established by rule,
772	ordinance, or law a registration process for persons seeking to
773	influence decisionmaking or to encourage the passage, defeat, or
774	modification of any proposal or recommendation by such agency or
775	an employee or official of the agency, the term "lobbyist"
776	includes only a person who is required to be registered as a
777	lobbyist in accordance with such rule, ordinance, or law or who
778	was during the preceding 12 months required to be registered as
779	a lobbyist in accordance with such rule, ordinance, or law. At a
780	minimum, such a registration system must require the
781	registration of, or must designate, persons as "lobbyists" who
782	engage in the same activities as require registration to lobby
783	the Legislature pursuant to s. 11.045.
784	(c)  "Person" includes individuals, firms, associations,
785	joint ventures, partnerships, estates, trusts, business trusts,
786	syndicates, fiduciaries, corporations, and all other groups or
787	combinations.
788	(d)  "Reporting individual" means any individual, including
789	a candidate upon qualifying, who is required by law, pursuant to
790	s. 8, Art. II of the State Constitution or s. 112.3145, to file
791	full or limited public disclosure of his or her financial
792	interests or any individual who has been elected to, but has yet
793	to officially assume the responsibilities of, public office. For
794	purposes of implementing this section, the "agency" of a
795	reporting individual who is not an officer or employee in public
796	service is the agency to which the candidate seeks election, or
797	in the case of an individual elected to but yet to formally take
798	office, the agency in which the individual has been elected to
799	serve.
800	(e)  "Procurement employee" means any employee of an
801	officer, department, board, commission, or council, or agency of
802	the executive branch or judicial branch of state government who
803	has participated in the preceding 12 months participates through
804	decision, approval, disapproval, recommendation, preparation of
805	any part of a purchase request, influencing the content of any
806	specification or procurement standard, rendering of advice,
807	investigation, or auditing or in any other advisory capacity in
808	the procurement of contractual services or commodities as
809	defined in s. 287.012, if the cost of such services or
810	commodities exceeds or is expected to exceed $10,000 $1,000 in
811	any fiscal year.
812	(f)  "Vendor" means a business entity doing business
813	directly with an agency, such as renting, leasing, or selling
814	any realty, goods, or services.
815	(3)  A reporting individual or procurement employee is
816	prohibited from soliciting any gift from a political committee
817	or committee of continuous existence, as defined in s. 106.011,
818	from a vendor doing business with the reporting individual's or
819	procurement employee's agency, or from a lobbyist who lobbies
820	the reporting individual's or procurement employee's agency, or
821	the partner, firm, employer, or principal of such lobbyist, if
822	where such gift is for the personal benefit of the reporting
823	individual or procurement employee, another reporting individual
824	or procurement employee, or any member of the immediate family
825	of a reporting individual or procurement employee.
826	(4)  A reporting individual or procurement employee or any
827	other person on his or her behalf is prohibited from knowingly
828	accepting, directly or indirectly, a gift from a political
829	committee or committee of continuous existence, as defined in s.
830	106.011, from a vendor doing business with the reporting
831	individual's or procurement employee's agency, or from a
832	lobbyist who lobbies the reporting individual's or procurement
833	employee's agency, or directly or indirectly on behalf of the
834	partner, firm, employer, or principal of a lobbyist, if he or
835	she knows or reasonably believes that the gift has a value in
836	excess of $100; however, such a gift may be accepted by such
837	person on behalf of a governmental entity or a charitable
838	organization. If the gift is accepted on behalf of a
839	governmental entity or charitable organization, the person
840	receiving the gift shall not maintain custody of the gift for
841	any period of time beyond that reasonably necessary to arrange
842	for the transfer of custody and ownership of the gift.
843	(5)(a)  A political committee or a committee of continuous
844	existence, as defined in s. 106.011; a vendor doing business
845	with the reporting individual's or procurement employee's
846	agency; a lobbyist who lobbies a reporting individual's or
847	procurement employee's agency; the partner, firm, employer, or
848	principal of a lobbyist; or another on behalf of the lobbyist or
849	partner, firm, principal, or employer of the lobbyist is
850	prohibited from giving, either directly or indirectly, a gift
851	that has a value in excess of $100 to the reporting individual
852	or procurement employee or any other person on his or her
853	behalf; however, such person may give a gift having a value in
854	excess of $100 to a reporting individual or procurement employee
855	if the gift is intended to be transferred to a governmental
856	entity or a charitable organization.
857	(b)  However, a person who is regulated by this subsection,
858	who is not regulated by subsection (6), and who makes, or
859	directs another to make, an individual gift having a value in
860	excess of $25, but not in excess of $100, other than a gift
861	which the donor knows will be accepted on behalf of a
862	governmental entity or charitable organization, must file a
863	report on the last day of each calendar quarter, for the
864	previous calendar quarter in which a reportable gift is made.
865	The report shall be filed with the Commission on Ethics, except
866	with respect to gifts to reporting individuals of the
867	legislative branch, in which case the report shall be filed with
868	the Division of Legislative Information Services in the Office
869	of Legislative Services. The report must contain a description
870	of each gift, the monetary value thereof, the name and address
871	of the person making such gift, the name and address of the
872	recipient of the gift, and the date such gift is given. In
873	addition, when a gift is made which requires the filing of a
874	report under this subsection, the donor must notify the intended
875	recipient at the time the gift is made that the donor, or
876	another on his or her behalf, will report the gift under this
877	subsection. Under this paragraph, a gift need not be reported by
878	more than one person or entity.
879	Section 9.  Subsections (1), (3), and (4) of section
880	112.3149, Florida Statutes, are amended to read:
881	112.3149  Solicitation and disclosure of honoraria.-
882	(1)  As used in this section:
883	(a)  "Honorarium" means a payment of money or anything of
884	value, directly or indirectly, to a reporting individual or
885	procurement employee, or to any other person on his or her
886	behalf, as consideration for:
887	1.  A speech, address, oration, or other oral presentation
888	by the reporting individual or procurement employee, regardless
889	of whether presented in person, recorded, or broadcast over the
890	media.
891	2.  A writing by the reporting individual or procurement
892	employee, other than a book, which has been or is intended to be
893	published.
894
895	The term "honorarium" does not include the payment for services
896	related to employment held outside the reporting individual's or
897	procurement employee's public position which resulted in the
898	person becoming a reporting individual or procurement employee,
899	any ordinary payment or salary received in consideration for
900	services related to the reporting individual's or procurement
901	employee's public duties, a campaign contribution reported
902	pursuant to chapter 106, or the payment or provision of actual
903	and reasonable transportation, lodging, and food and beverage
904	expenses related to the honorarium event, including any event or
905	meeting registration fee, for a reporting individual or
906	procurement employee and spouse.
907	(b)  "Person" includes individuals, firms, associations,
908	joint ventures, partnerships, estates, trusts, business trusts,
909	syndicates, fiduciaries, corporations, and all other groups or
910	combinations.
911	(c)  "Reporting individual" means any individual who is
912	required by law, pursuant to s. 8, Art. II of the State
913	Constitution or s. 112.3145, to file a full or limited public
914	disclosure of his or her financial interests.
915	(d)1.  "Lobbyist" means any natural person who, for
916	compensation, seeks, or sought during the preceding 12 months,
917	to influence the governmental decisionmaking of a reporting
918	individual or procurement employee or his or her agency or
919	seeks, or sought during the preceding 12 months, to encourage
920	the passage, defeat, or modification of any proposal or
921	recommendation by the reporting individual or procurement
922	employee or his or her agency.
923	2.  With respect to an agency that has established by rule,
924	ordinance, or law a registration process for persons seeking to
925	influence decisionmaking or to encourage the passage, defeat, or
926	modification of any proposal or recommendation by such agency or
927	an employee or official of the agency, the term "lobbyist"
928	includes only a person who is required to be registered as a
929	lobbyist in accordance with such rule, ordinance, or law or who
930	was during the preceding 12 months required to be registered as
931	a lobbyist in accordance with such rule, ordinance, or law. At a
932	minimum, such a registration system must require the
933	registration of, or must designate, persons as "lobbyists" who
934	engage in the same activities as require registration to lobby
935	the Legislature pursuant to s. 11.045.
936	(e)  "Procurement employee" means any employee of an
937	officer, department, board, commission, or council, or agency of
938	the executive branch or judicial branch of state government who
939	has participated in the preceding 12 months participates through
940	decision, approval, disapproval, recommendation, preparation of
941	any part of a purchase request, influencing the content of any
942	specification or procurement standard, rendering of advice,
943	investigation, or auditing or in any other advisory capacity in
944	the procurement of contractual services or commodities as
945	defined in s. 287.012, if the cost of such services or
946	commodities exceeds or is expected to exceed $10,000 $1,000 in
947	any fiscal year.
948	(f)  "Vendor" means a business entity doing business
949	directly with an agency, such as renting, leasing, or selling
950	any realty, goods, or services.
951	(3)  A reporting individual or procurement employee is
952	prohibited from knowingly accepting an honorarium from a
953	political committee or committee of continuous existence, as
954	defined in s. 106.011, from a vendor doing business with the
955	reporting individual's or procurement employee's agency, from a
956	lobbyist who lobbies the reporting individual's or procurement
957	employee's agency, or from the employer, principal, partner, or
958	firm of such a lobbyist.
959	(4)  A political committee or committee of continuous
960	existence, as defined in s. 106.011, a vendor doing business
961	with the reporting individual's or procurement employee's
962	agency, a lobbyist who lobbies a reporting individual's or
963	procurement employee's agency, or the employer, principal,
964	partner, or firm of such a lobbyist is prohibited from giving an
965	honorarium to a reporting individual or procurement employee.
966	Section 10.  Subsections (1) and (7) of section 112.317,
967	Florida Statutes, are amended to read:
968	112.317  Penalties.-
969	(1)  Violation of any provision of this part, including,
970	but not limited to, any failure to file any disclosures required
971	by this part or violation of any standard of conduct imposed by
972	this part, or violation of any provision of s. 8, Art. II of the
973	State Constitution, in addition to any criminal penalty or other
974	civil penalty involved, shall, under applicable constitutional
975	and statutory procedures, constitute grounds for, and may be
976	punished by, one or more of the following:
977	(a)  In the case of a public officer:
978	1.  Impeachment.
979	2.  Removal from office.
980	3.  Suspension from office.
981	4.  Public censure and reprimand.
982	5.  Forfeiture of no more than one-third salary per month
983	for no more than 12 months.
984	6.  A civil penalty not to exceed $50,000 $10,000.
985	7.  Restitution of any pecuniary benefits received because
986	of the violation committed. The commission may recommend that
987	the restitution penalty be paid to the agency of which the
988	public officer was a member or to the General Revenue Fund.
989	(b)  In the case of an employee or a person designated as a
990	public officer by this part who otherwise would be deemed to be
991	an employee:
992	1.  Dismissal from employment.
993	2.  Suspension from employment for not more than 90 days
994	without pay.
995	3.  Demotion.
996	4.  Reduction in salary level.
997	5.  Forfeiture of no more than one-third salary per month
998	for no more than 12 months.
999	6.  A civil penalty not to exceed $50,000 $10,000.
1000	7.  Restitution of any pecuniary benefits received because
1001	of the violation committed. The commission may recommend that
1002	the restitution penalty be paid to the agency by which the
1003	public employee was employed, or of which the officer was deemed
1004	to be an employee, or to the General Revenue Fund.
1005	8.  Public censure and reprimand.
1006	(c)  In the case of a candidate who violates the provisions
1007	of this part or s. 8(a) and (i), Art. II of the State
1008	Constitution:
1009	1.  Disqualification from being on the ballot.
1010	2.  Public censure.
1011	3.  Reprimand.
1012	4.  A civil penalty not to exceed $50,000 $10,000.
1013	(d)  In the case of a former public officer or employee who
1014	has violated a provision applicable to former officers or
1015	employees or whose violation occurred before the officer's or
1016	employee's leaving public office or employment:
1017	1.  Public censure and reprimand.
1018	2.  A civil penalty not to exceed $50,000 $10,000.
1019	3.  Restitution of any pecuniary benefits received because
1020	of the violation committed. The commission may recommend that
1021	the restitution penalty be paid to the agency of the public
1022	officer or employee or to the General Revenue Fund.
1023	(e)  In the case of a person who is subject to the
1024	standards of this part, other than a lobbyist or lobbying firm
1025	under s. 112.3215 for a violation of s. 112.3215, but who is not
1026	a public officer or employee:
1027	1.  Public censure and reprimand.
1028	2.  A civil penalty not to exceed $50,000 $10,000.
1029	3.  Restitution of any pecuniary benefits received because
1030	of the violation committed. The commission may recommend that
1031	the restitution penalty be paid to the agency of the person or
1032	to the General Revenue Fund.
1033	(7)  In any case in which the commission determines that a
1034	person has filed a complaint against a public officer or
1035	employee with actual malice a malicious intent to injure the
1036	reputation of such officer or employee by filing the complaint
1037	with knowledge that the complaint contains one or more false
1038	allegations or with reckless disregard for whether the complaint
1039	contains false allegations of fact material to a violation of
1040	this part, the complainant shall be liable for costs plus
1041	reasonable attorney's fees incurred in the defense of the person
1042	complained against, including the costs and reasonable
1043	attorney's fees incurred in proving entitlement to and the
1044	amount of costs and fees. If the complainant fails to pay such
1045	costs and fees voluntarily within 30 days following such finding
1046	by the commission, the commission shall forward such information
1047	to the Department of Legal Affairs, which shall bring a civil
1048	action in a court of competent jurisdiction to recover the
1049	amount of such costs and fees awarded by the commission.
1050	Section 11.  Subsections (1), (3), (4), (5), (8), and (11)
1051	of section 112.324, Florida Statutes, are amended to read:
1052	112.324  Procedures on complaints of violations; public
1053	records and meeting exemptions.-
1054	(1)  Upon a written complaint executed on a form prescribed
1055	by the commission and signed under oath or affirmation by any
1056	person, The commission shall investigate any alleged violation
1057	of this part or any other alleged breach of the public trust
1058	within the jurisdiction of the commission as provided in s.
1059	8(f), Art. II of the State Constitution in accordance with
1060	procedures set forth in this section upon:
1061	(a)  A written complaint executed on a form prescribed by
1062	the commission and signed under oath or affirmation by any
1063	person;
1064	(b)  Receipt of reliable and publicly disseminated
1065	information that seven members of the commission deem sufficient
1066	to indicate a breach of the public trust. Commission staff may
1067	not undertake any formal investigation other than collecting
1068	publicly disseminated information before a determination of
1069	sufficiency by the commission; or
1070	(c)  Receipt of a written referral of a possible violation
1071	of this part or other possible breach of the public trust from
1072	the Governor, the Chief Financial Officer, a state attorney, the
1073	executive director of the Department of Law Enforcement, or
1074	statewide prosecutor, which seven members of the commission deem
1075	sufficient to indicate a breach of the public trust. herein.
1076
1077	Within 5 days after receipt of a complaint by the commission or
1078	after a determination by the commission that the information or
1079	referral received is deemed sufficient, a copy shall be
1080	transmitted to the alleged violator.
1081	(3)  A preliminary investigation shall be undertaken by the
1082	commission of each legally sufficient complaint, information, or
1083	referral over which the commission has jurisdiction to determine
1084	whether there is probable cause to believe that a violation has
1085	occurred. If, upon completion of the preliminary investigation,
1086	the commission finds no probable cause to believe that this part
1087	has been violated or that any other breach of the public trust
1088	has been committed, the commission shall dismiss the complaint
1089	or proceeding with the issuance of a public report to the
1090	complainant and the alleged violator, stating with particularity
1091	its reasons for dismissal of the complaint. At that time, the
1092	complaint, the proceeding, and all materials relating to the
1093	complaint and the proceeding shall become a matter of public
1094	record. If the commission finds from the preliminary
1095	investigation probable cause to believe that this part has been
1096	violated or that any other breach of the public trust has been
1097	committed, it shall so notify the complainant and the alleged
1098	violator in writing. Such notification and all documents made or
1099	received in the disposition of the complaint or proceeding shall
1100	then become public records. Upon request submitted to the
1101	commission in writing, any person who the commission finds
1102	probable cause to believe has violated any provision of this
1103	part or has committed any other breach of the public trust shall
1104	be entitled to a public hearing. Such person shall be deemed to
1105	have waived the right to a public hearing if the request is not
1106	received within 14 days following the mailing of the probable
1107	cause notification required by this subsection. However, the
1108	commission may on its own motion, require a public hearing, may
1109	conduct such further investigation as it deems necessary, and
1110	may enter into such stipulations and settlements as it finds to
1111	be just and in the best interest of the state. The standard of
1112	proof shall be a preponderance of the evidence. The commission
1113	is without jurisdiction to, and no respondent may voluntarily or
1114	involuntarily, enter into a stipulation or settlement which
1115	imposes any penalty, including, but not limited to, a sanction
1116	or admonition or any other penalty contained in s. 112.317.
1117	Penalties shall be imposed only by the appropriate disciplinary
1118	authority as designated in this section.
1119	(4)  If, in cases pertaining to members of the Legislature,
1120	upon completion of a full and final investigation by the
1121	commission, the commission finds that there has been a violation
1122	of this part or of any provision of s. 8, Art. II of the State
1123	Constitution, the commission shall forward a copy of the
1124	complaint, information, or referral and its findings by
1125	certified mail to the President of the Senate or the Speaker of
1126	the House of Representatives, whichever is applicable, who shall
1127	refer the matter complaint to the appropriate committee for
1128	investigation and action which shall be governed by the rules of
1129	its respective house. It shall be the duty of the committee to
1130	report its final action upon the matter complaint to the
1131	commission within 90 days after of the date of transmittal to
1132	the respective house. Upon request of the committee, the
1133	commission shall submit a recommendation as to what penalty, if
1134	any, should be imposed. In the case of a member of the
1135	Legislature, the house in which the member serves shall have the
1136	power to invoke the penalty provisions of this part.
1137	(5)  If, in cases pertaining to complaints against
1138	impeachable officers, upon completion of a full and final
1139	investigation by the commission, the commission finds that there
1140	has been a violation of this part or of any provision of s. 8,
1141	Art. II of the State Constitution, and the commission finds that
1142	the violation may constitute grounds for impeachment, the
1143	commission shall forward a copy of the complaint, information,
1144	or referral and its findings by certified mail to the Speaker of
1145	the House of Representatives, who shall refer the matter
1146	complaint to the appropriate committee for investigation and
1147	action which shall be governed by the rules of the House of
1148	Representatives. It shall be the duty of the committee to report
1149	its final action upon the matter complaint to the commission
1150	within 90 days after of the date of transmittal.
1151	(8)  If, in cases pertaining to complaints other than
1152	complaints against impeachable officers or members of the
1153	Legislature, upon completion of a full and final investigation
1154	by the commission, the commission finds that there has been a
1155	violation of this part or of s. 8, Art. II of the State
1156	Constitution, it shall be the duty of the commission to report
1157	its findings and recommend appropriate action to the proper
1158	disciplinary official or body as follows, and such official or
1159	body shall have the power to invoke the penalty provisions of
1160	this part, including the power to order the appropriate
1161	elections official to remove a candidate from the ballot for a
1162	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
1163	State Constitution:
1164	(a)  The President of the Senate and the Speaker of the
1165	House of Representatives, jointly, in any case concerning the
1166	Public Counsel, members of the Public Service Commission,
1167	members of the Public Service Commission Nominating Council, the
1168	Auditor General, the director of the Office of Program Policy
1169	Analysis and Government Accountability, or members of the
1170	Legislative Committee on Intergovernmental Relations.
1171	(b)  The Supreme Court, in any case concerning an employee
1172	of the judicial branch.
1173	(c)  The President of the Senate, in any case concerning an
1174	employee of the Senate; the Speaker of the House of
1175	Representatives, in any case concerning an employee of the House
1176	of Representatives; or the President and the Speaker, jointly,
1177	in any case concerning an employee of a committee of the
1178	Legislature whose members are appointed solely by the President
1179	and the Speaker or in any case concerning an employee of the
1180	Public Counsel, Public Service Commission, Auditor General,
1181	Office of Program Policy Analysis and Government Accountability,
1182	or Legislative Committee on Intergovernmental Relations.
1183	(d)  Except as otherwise provided by this part, the
1184	Governor, in the case of any other public officer, public
1185	employee, former public officer or public employee, candidate or
1186	former candidate, or person who is not a public officer or
1187	employee, other than lobbyists and lobbying firms under s.
1188	112.3215 for violations of s. 112.3215.
1189	(e)  The President of the Senate or the Speaker of the
1190	House of Representatives, whichever is applicable, in any case
1191	concerning a former member of the Legislature who has violated a
1192	provision applicable to former members or whose violation
1193	occurred while a member of the Legislature.
1194	(11)  Notwithstanding the provisions of subsections (1)-
1195	(8), the commission may, at its discretion, dismiss any
1196	complaint, information, or referral at any stage of disposition
1197	should it determine that the public interest would not be served
1198	by proceeding further, in which case the commission shall issue
1199	a public report stating with particularity its reasons for the
1200	dismissal.
1201	Section 12.  Subsections (8) and (11) of section 112.3215,
1202	Florida Statutes, are amended to read:
1203	112.3215  Lobbying before the executive branch or the
1204	Constitution Revision Commission; registration and reporting;
1205	investigation by commission.-
1206	(8)(a)  The commission shall investigate every sworn
1207	complaint that is filed with it alleging that a person covered
1208	by this section has failed to register, has failed to submit a
1209	compensation report, has made a prohibited expenditure, or has
1210	knowingly submitted false information in any report or
1211	registration required in this section.
1212	(b)  All proceedings, the complaint, and other records
1213	relating to the investigation are confidential and exempt from
1214	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1215	Constitution, and any meetings held pursuant to an investigation
1216	are exempt from the provisions of s. 286.011(1) and s. 24(b),
1217	Art. I of the State Constitution either until the alleged
1218	violator requests in writing that such investigation and
1219	associated records and meetings be made public or until the
1220	commission determines, based on the investigation, whether
1221	probable cause exists to believe that a violation has occurred.
1222	(c)  The commission shall investigate any lobbying firm,
1223	lobbyist, principal, agency, officer, or employee upon receipt
1224	of information from a sworn complaint or from a random audit of
1225	lobbying reports indicating a possible violation other than a
1226	late-filed report.
1227	(d)  Records relating to an audit conducted pursuant to
1228	this section or an investigation conducted pursuant to this
1229	section or s. 112.32155 are confidential and exempt from s.
1230	119.07(1) and s. 24(a), Art. I of the State Constitution, and
1231	any meetings held pursuant to such an investigation or at which
1232	such an audit is discussed are exempt from s. 286.011 and s.
1233	24(b), Art. I of the State Constitution either until the
1234	lobbying firm requests in writing that such investigation and
1235	associated records and meetings be made public or until the
1236	commission determines there is probable cause that the audit
1237	reflects a violation of the reporting laws. This paragraph is
1238	subject to the Open Government Sunset Review Act in accordance
1239	with s. 119.15 and shall stand repealed on October 2, 2011,
1240	unless reviewed and saved from repeal through reenactment by the
1241	Legislature.
1242	(11)(a)  Any person, when in doubt about the applicability
1243	and interpretation of this section to himself or herself in a
1244	particular context, may submit in writing the facts of the
1245	situation to the commission with a request for an advisory
1246	opinion to establish the standard of duty. An advisory opinion
1247	shall be rendered by the commission and, until amended or
1248	revoked, shall be binding on the conduct of the person who
1249	sought the opinion, unless material facts were omitted or
1250	misstated in the request.
1251	(b)  Any person who is required to be registered or to
1252	provide information under this section or under rules adopted
1253	pursuant to this section and who knowingly fails to disclose any
1254	material fact that is required by this section or by rules
1255	adopted pursuant to this section, or who knowingly provides
1256	false information on any report required by this section or by
1257	rules adopted pursuant to this section, commits a noncriminal
1258	infraction, punishable by a fine not to exceed $5,000. Such
1259	penalty is in addition to any other penalty assessed by the
1260	Governor and Cabinet pursuant to subsection (10).
1261	Section 13.  Paragraph (a) of subsection (5) of section
1262	411.01, Florida Statutes, is amended to read:
1263	411.01  School readiness programs; early learning
1264	coalitions.-
1265	(5)  CREATION OF EARLY LEARNING COALITIONS.-
1266	(a)  Early learning coalitions.-
1267	1.  The Agency for Workforce Innovation shall establish the
1268	minimum number of children to be served by each early learning
1269	coalition through the coalition's school readiness program. The
1270	Agency for Workforce Innovation may only approve school
1271	readiness plans in accordance with this minimum number. The
1272	minimum number must be uniform for every early learning
1273	coalition and must:
1274	a.  Permit 30 or fewer coalitions to be established; and
1275	b.  Require each coalition to serve at least 2,000 children
1276	based upon the average number of all children served per month
1277	through the coalition's school readiness program during the
1278	previous 12 months.
1279
1280	The Agency for Workforce Innovation shall adopt procedures for
1281	merging early learning coalitions, including procedures for the
1282	consolidation of merging coalitions, and for the early
1283	termination of the terms of coalition members which are
1284	necessary to accomplish the mergers. Each early learning
1285	coalition must comply with the merger procedures and shall be
1286	organized in accordance with this subparagraph by April 1, 2005.
1287	By June 30, 2005, each coalition must complete the transfer of
1288	powers, duties, functions, rules, records, personnel, property,
1289	and unexpended balances of appropriations, allocations, and
1290	other funds to the successor coalition, if applicable.
1291	2.  If an early learning coalition would serve fewer
1292	children than the minimum number established under subparagraph
1293	1., the coalition must merge with another county to form a
1294	multicounty coalition. However, the Agency for Workforce
1295	Innovation may authorize an early learning coalition to serve
1296	fewer children than the minimum number established under
1297	subparagraph 1., if:
1298	a.  The coalition demonstrates to the Agency for Workforce
1299	Innovation that merging with another county or multicounty
1300	region contiguous to the coalition would cause an extreme
1301	hardship on the coalition;
1302	b.  The Agency for Workforce Innovation has determined
1303	during the most recent annual review of the coalition's school
1304	readiness plan, or through monitoring and performance
1305	evaluations conducted under paragraph (4)(l), that the coalition
1306	has substantially implemented its plan and substantially met the
1307	performance standards and outcome measures adopted by the
1308	agency; and
1309	c.  The coalition demonstrates to the Agency for Workforce
1310	Innovation the coalition's ability to effectively and
1311	efficiently implement the Voluntary Prekindergarten Education
1312	Program.
1313
1314	If an early learning coalition fails or refuses to merge as
1315	required by this subparagraph, the Agency for Workforce
1316	Innovation may dissolve the coalition and temporarily contract
1317	with a qualified entity to continue school readiness and
1318	prekindergarten services in the coalition's county or
1319	multicounty region until the coalition is reestablished through
1320	resubmission of a school readiness plan and approval by the
1321	agency.
1322	3.  Notwithstanding the provisions of subparagraphs 1. and
1323	2., the early learning coalitions in Sarasota, Osceola, and
1324	Santa Rosa Counties which were in operation on January 1, 2005,
1325	are established and authorized to continue operation as
1326	independent coalitions, and shall not be counted within the
1327	limit of 30 coalitions established in subparagraph 1.
1328	4.  Each early learning coalition shall be composed of at
1329	least 18 members but not more than 35 members. The Agency for
1330	Workforce Innovation shall adopt standards establishing within
1331	this range the minimum and maximum number of members that may be
1332	appointed to an early learning coalition. These standards must
1333	include variations for a coalition serving a multicounty region.
1334	Each early learning coalition must comply with these standards.
1335	5.  The Governor shall appoint the chair and two other
1336	members of each early learning coalition, who must each meet the
1337	same qualifications as private sector business members appointed
1338	by the coalition under subparagraph 7.
1339	6.  Each early learning coalition must include the
1340	following members:
1341	a.  A Department of Children and Family Services district
1342	administrator or his or her designee who is authorized to make
1343	decisions on behalf of the department.
1344	b.  A district superintendent of schools or his or her
1345	designee who is authorized to make decisions on behalf of the
1346	district, who shall be a nonvoting member.
1347	c.  A regional workforce board executive director or his or
1348	her designee.
1349	d.  A county health department director or his or her
1350	designee.
1351	e.  A children's services council or juvenile welfare board
1352	chair or executive director, if applicable, who shall be a
1353	nonvoting member if the council or board is the fiscal agent of
1354	the coalition or if the council or board contracts with and
1355	receives funds from the coalition for any purpose other than
1356	rent.
1357	f.  An agency head of a local licensing agency as defined
1358	in s. 402.302, where applicable.
1359	g.  A president of a community college or his or her
1360	designee.
1361	h.  One member appointed by a board of county
1362	commissioners.
1363	i.  A central agency administrator, where applicable, who
1364	shall be a nonvoting member.
1365	j.  A Head Start director, who shall be a nonvoting member.
1366	k.  A representative of private child care providers,
1367	including family day care homes, who shall be a nonvoting
1368	member.
1369	l.  A representative of faith-based child care providers,
1370	who shall be a nonvoting member.
1371	m.  A representative of programs for children with
1372	disabilities under the federal Individuals with Disabilities
1373	Education Act, who shall be a nonvoting member.
1374	7.  Including the members appointed by the Governor under
1375	subparagraph 5., more than one-third of the members of each
1376	early learning coalition must be private sector business members
1377	who do not have, and none of whose relatives as defined in s.
1378	112.3143 has, a substantial financial interest in the design or
1379	delivery of the Voluntary Prekindergarten Education Program
1380	created under part V of chapter 1002 or the coalition's school
1381	readiness program. To meet this requirement an early learning
1382	coalition must appoint additional members from a list of
1383	nominees submitted to the coalition by a chamber of commerce or
1384	economic development council within the geographic region served
1385	by the coalition. The Agency for Workforce Innovation shall
1386	establish criteria for appointing private sector business
1387	members. These criteria must include standards for determining
1388	whether a member or relative has a substantial financial
1389	interest in the design or delivery of the Voluntary
1390	Prekindergarten Education Program or the coalition's school
1391	readiness program.
1392	8.  A majority of the voting membership of an early
1393	learning coalition constitutes a quorum required to conduct the
1394	business of the coalition. An early learning coalition board may
1395	use any method of telecommunications to conduct meetings,
1396	including establishing a quorum through telecommunications,
1397	provided that the public is given proper notice of a
1398	telecommunications meeting and reasonable access to observe and,
1399	when appropriate, participate.
1400	9.  A voting member of an early learning coalition may not
1401	appoint a designee to act in his or her place, except as
1402	otherwise provided in this paragraph. A voting member may send a
1403	representative to coalition meetings, but that representative
1404	does not have voting privileges. When a district administrator
1405	for the Department of Children and Family Services appoints a
1406	designee to an early learning coalition, the designee is the
1407	voting member of the coalition, and any individual attending in
1408	the designee's place, including the district administrator, does
1409	not have voting privileges.
1410	10.  Each member of an early learning coalition is subject
1411	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
1412	112.3143(3) s. 112.3143(3)(a), each voting member is a local
1413	public officer who must abstain from voting when a voting
1414	conflict exists.
1415	11.  For purposes of tort liability, each member or
1416	employee of an early learning coalition shall be governed by s.
1417	768.28.
1418	12.  An early learning coalition serving a multicounty
1419	region must include representation from each county.
1420	13.  Each early learning coalition shall establish terms
1421	for all appointed members of the coalition. The terms must be
1422	staggered and must be a uniform length that does not exceed 4
1423	years per term. Appointed members may serve a maximum of two
1424	consecutive terms. When a vacancy occurs in an appointed
1425	position, the coalition must advertise the vacancy.
1426	Section 14.  This act shall take effect July 1, 2010.

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