| 1 | A bill to be entitled |
| 2 | An act relating to standards of conduct; amending s. |
| 3 | 112.313, F.S.; revising the definition of "public |
| 4 | officer"; revising provisions prohibiting doing business |
| 5 | with one's agency; providing applicability to units of |
| 6 | government and persons related to or having a specified |
| 7 | relationship with a public officer or employee; expanding |
| 8 | the list of persons who have a relationship with a public |
| 9 | officer or employee who may not accept compensation given |
| 10 | to influence a vote or action; expanding the list of |
| 11 | entities with which a public officer or employee may not |
| 12 | have a conflicting employment or contractual relationship |
| 13 | and expanding the prohibition to include certain |
| 14 | association or affiliation; providing that a public |
| 15 | officer may not represent or advocate on behalf of an |
| 16 | entity before a legislative, advisory, or regulatory body |
| 17 | of which the public official is a member; prohibiting |
| 18 | elective public officers of state, county, or municipal |
| 19 | legislative, advisory, or regulatory bodies from |
| 20 | maintaining certain forms of employment or relationships |
| 21 | with organizations whose purposes might be advanced or |
| 22 | benefited by acts of the body of which the public officer |
| 23 | is a member, from lobbying other state, county, or |
| 24 | municipal legislative, advisory, or regulatory bodies or |
| 25 | agencies on behalf or for the benefit of private parties, |
| 26 | or from serving in certain advisory capacities that |
| 27 | advocate on behalf of private parties under certain |
| 28 | circumstances; prohibiting a member of the Legislature |
| 29 | from representing persons or entities before certain |
| 30 | governing or legislative bodies or agencies; prohibiting a |
| 31 | member of the Legislature, an appointed state officer, an |
| 32 | employee of the legislative branch, or a member of any |
| 33 | state regulatory body from appearing, representing, or |
| 34 | advocating on behalf of a person or entity before the body |
| 35 | of which the individual is an officer, employee, or |
| 36 | member, from having any employment, relationship, or |
| 37 | affiliation with any entity that appears before the body |
| 38 | of which the individual is an employee or member or in |
| 39 | which the business or interests of the entity might be |
| 40 | advanced by action of the legislative body of which the |
| 41 | individual is an employee or member, from having any |
| 42 | employment or association with any entity that lobbies or |
| 43 | appears or advocates before the legislative body of which |
| 44 | the person is an employee or member, or from being |
| 45 | employed by or associated with any entity that provides |
| 46 | advisory services before the legislative body of which the |
| 47 | individual is an employee or member; prohibiting elective |
| 48 | public officers of certain entities from lobbying before |
| 49 | other such entities for the benefit of private parties or |
| 50 | from serving as advisers to private parties when the |
| 51 | purpose of the position is to lobby elected members for |
| 52 | the benefit of the private party; amending s. 112.316, |
| 53 | F.S.; revising construction of the code of ethics for |
| 54 | public officers and employees; clarifying intent that |
| 55 | public officers or certain employees may not accept |
| 56 | certain lobbying, consulting, or advisory roles; amending |
| 57 | s. 112.317, F.S.; providing criminal penalties for |
| 58 | violations of the code of ethics for public officers and |
| 59 | employees; amending s. 420.5061, F.S.; conforming a cross- |
| 60 | reference; providing an effective date. |
| 61 |
|
| 62 | Be It Enacted by the Legislature of the State of Florida: |
| 63 |
|
| 64 | Section 1. Subsections (1), (3), (4), (7), and (9) of |
| 65 | section 112.313, Florida Statutes, are amended to read: |
| 66 | 112.313 Standards of conduct for public officers, |
| 67 | employees of agencies, and local government attorneys.-- |
| 68 | (1) DEFINITION.--As used in this section, unless the |
| 69 | context otherwise requires, the term "public officer" includes: |
| 70 | (a) Any person elected to any state, county, or municipal |
| 71 | office or position. |
| 72 | (b) Any person or appointed to or holding any position |
| 73 | hold office in any state, county, or municipal agency or board |
| 74 | who is vested with any delegated legislative or quasi- |
| 75 | legislative authority, including any person serving on any an |
| 76 | advisory body. |
| 77 | (3) DOING BUSINESS WITH ONE'S AGENCY.--No public officer |
| 78 | or employee of an agency acting in his or her official capacity |
| 79 | as a purchasing agent, or public officer acting in his or her |
| 80 | official capacity, shall either directly or indirectly purchase, |
| 81 | rent, or lease any realty, goods, or services for his or her own |
| 82 | unit of government or agency from any business entity or |
| 83 | organization of which the officer or employee or the officer's |
| 84 | or employee's spouse, or child, or other relative, including any |
| 85 | person with whom the public officer or employee has or maintains |
| 86 | a cohabitational, intimate, or financially beneficial or |
| 87 | dependent relationship, is an officer, partner, director, or |
| 88 | proprietor or in which such officer or employee or the officer's |
| 89 | or employee's spouse, or child, or other relative, including any |
| 90 | person with whom the public officer or employee has or maintains |
| 91 | a cohabitational, intimate, or financially beneficial or |
| 92 | dependent relationship, or any combination of them, has a |
| 93 | material interest. Nor shall A public officer or employee or the |
| 94 | officer's or employee's spouse, child, or other relative, |
| 95 | including any person with whom the public officer or employee |
| 96 | has or maintains a cohabitational, intimate, or financially |
| 97 | beneficial or dependent relationship, acting in a private |
| 98 | capacity, shall not rent, lease, or sell any realty, goods, or |
| 99 | services to the officer's or employee's own agency, if he or she |
| 100 | is a state officer or employee, or to any political subdivision |
| 101 | or any agency thereof served by that public, if he or she is |
| 102 | serving as an officer or employee of that political subdivision. |
| 103 | The foregoing shall not apply to district offices maintained by |
| 104 | legislators when such offices are located in the legislator's |
| 105 | place of business or when such offices are on property wholly or |
| 106 | partially owned by the legislator. This subsection shall not |
| 107 | affect or be construed to prohibit contracts entered into prior |
| 108 | to: |
| 109 | (a) October 1, 1975. |
| 110 | (b) Qualification for elective office. |
| 111 | (c) Appointment to public office. |
| 112 | (d) Beginning public employment. |
| 113 | (4) UNAUTHORIZED COMPENSATION.--No public officer, |
| 114 | employee of an agency, or local government attorney or his or |
| 115 | her spouse or minor child or other relative, including any |
| 116 | person with whom the public officer or employee has or maintains |
| 117 | a cohabitational, intimate, or financially dependent |
| 118 | relationship, shall, at any time, accept any compensation, |
| 119 | payment, or thing of value when such public officer, employee, |
| 120 | or local government attorney or other person knows, or, with the |
| 121 | exercise of reasonable care, should know, that it was given to |
| 122 | influence a vote or other action in which the officer, employee, |
| 123 | or local government attorney was expected to participate in his |
| 124 | or her official capacity. |
| 125 | (7) CONFLICTING EMPLOYMENT, ASSOCIATION, AFFILIATION, OR |
| 126 | CONTRACTUAL RELATIONSHIP.-- |
| 127 | (a) No public officer or employee of an agency shall have |
| 128 | or hold any employment, association, affiliation, or contractual |
| 129 | relationship with any business or professional entity, firm, |
| 130 | association, or organization or any agency which is subject to |
| 131 | the regulation of, or is doing business with, an agency of which |
| 132 | he or she is an officer or employee, excluding those |
| 133 | organizations and their officers who, when acting in their |
| 134 | official capacity, enter into or negotiate a collective |
| 135 | bargaining contract with the state or any municipality, county, |
| 136 | or other political subdivision of the state; nor shall an |
| 137 | officer or employee of an agency have or hold any employment, or |
| 138 | contractual, or professional relationship, association, or |
| 139 | affiliation that will create a continuing or frequently |
| 140 | recurring conflict between his or her private interests and the |
| 141 | performance of his or her public duties or that would impede the |
| 142 | full and faithful discharge of his or her public duties or |
| 143 | create the appearance of a conflict or impropriety. |
| 144 | 1. When the agency referred to is that certain kind of |
| 145 | special tax district created by general or special law and is |
| 146 | limited specifically to constructing, maintaining, managing, and |
| 147 | financing improvements in the land area over which the agency |
| 148 | has jurisdiction, or when the agency has been organized pursuant |
| 149 | to chapter 298, then employment with, or entering into a |
| 150 | contractual relationship with, such business entity by a public |
| 151 | officer or employee of such agency shall not be prohibited by |
| 152 | this subsection or be deemed a conflict per se. However, conduct |
| 153 | by such officer or employee that is prohibited by, or otherwise |
| 154 | frustrates the intent of, this section shall be deemed a |
| 155 | conflict of interest in violation of the standards of conduct |
| 156 | set forth by this section. |
| 157 | 2. When the agency referred to is a legislative body and |
| 158 | the regulatory power over the business entity resides in another |
| 159 | agency, or when the regulatory power which the legislative body |
| 160 | exercises over the business entity or agency is strictly through |
| 161 | the enactment of laws or ordinances, then employment or a |
| 162 | contractual relationship with such business entity by a public |
| 163 | officer or employee of a legislative body shall not be |
| 164 | prohibited by this subsection or be deemed a conflict. |
| 165 | (b) This subsection shall not prohibit a public officer or |
| 166 | employee from practicing in a particular profession or |
| 167 | occupation when such practice by persons holding such public |
| 168 | office or employment is required or permitted by law or |
| 169 | ordinance, provided that the public officer or employee does not |
| 170 | have or maintain any kind of employment, association, or |
| 171 | affiliation with any professional or business firm, entity, |
| 172 | association, or organization that engages in, provides, or |
| 173 | renders any services which may encompass any kind of |
| 174 | representation or advocacy before the legislative or regulatory |
| 175 | body of which the public officer or employee is a member. |
| 176 | (c) No public officer in an elective office of any state, |
| 177 | county, or municipal legislative or regulatory body shall have, |
| 178 | maintain, or hold any kind of employment, or professional or |
| 179 | business relationship, association, or affiliation of any kind, |
| 180 | or any contractual relationship with any individual, business or |
| 181 | professional entity, firm, association, or organization the |
| 182 | business, financial, or professional operations, affairs, |
| 183 | undertakings, interests, endeavors, or services of which are |
| 184 | affected, are in any manner advanced, or may in any manner be |
| 185 | benefited by any act of the legislative body of which the public |
| 186 | officer is a part or member. The proscription in this paragraph |
| 187 | is intended to prohibit public officers who are in an elective |
| 188 | office of any state, county, or municipal legislative or |
| 189 | regulatory body from being engaged, retained, hired, or employed |
| 190 | in any capacity as a consultant, lobbyist, counselor, or adviser |
| 191 | to any individual, entity, organization, firm, or association |
| 192 | that advocates or promotes any legislative action or which |
| 193 | receives funding from or as a consequence of any legislative |
| 194 | action of the legislative or regulatory body of which the public |
| 195 | officer is a part or member. However, the proscription in this |
| 196 | paragraph shall not prohibit passive membership, affiliation, or |
| 197 | association with any professional, trade, religious, or |
| 198 | fraternal association which is not operated for profit, is not a |
| 199 | political action committee, and does not provide any financial |
| 200 | compensation or benefits to its members. |
| 201 | (d) A public officer in an elective office of any state, |
| 202 | county, or municipal legislative, advisory, or regulatory body |
| 203 | is prohibited from: |
| 204 | 1. Lobbying any other state, county, or municipal |
| 205 | legislative, advisory, or regulatory body or agency on behalf or |
| 206 | for the benefit of any private individual, entity, firm, or |
| 207 | organization; or |
| 208 | 2. Being hired, employed, retained, or otherwise acting as |
| 209 | an adviser, consultant, or counselor to, or an advocate for or |
| 210 | on behalf of, any private individual, entity, or organization |
| 211 | when the intent, subject, purpose, or object of the engagement, |
| 212 | employment, or position is to lobby any other state, county, or |
| 213 | municipal legislative, advisory, or regulatory body or agency on |
| 214 | behalf or for the benefit of any private individual, entity, |
| 215 | firm, or organization. |
| 216 | (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR |
| 217 | LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- |
| 218 | (a)1. It is the intent of the Legislature to implement by |
| 219 | statute the provisions of s. 8(e), Art. II of the State |
| 220 | Constitution relating to legislators, statewide elected |
| 221 | officers, appointed state officers, and designated public |
| 222 | employees. |
| 223 | 2. As used in this paragraph: |
| 224 | a. "Employee" means: |
| 225 | (I) Any person employed in the executive or legislative |
| 226 | branch of government holding a position in the Senior Management |
| 227 | Service as defined in s. 110.402 or any person holding a |
| 228 | position in the Selected Exempt Service as defined in s. 110.602 |
| 229 | or any person having authority over policy or procurement |
| 230 | employed by the Department of the Lottery. |
| 231 | (II) The Auditor General, the director of the Office of |
| 232 | Program Policy Analysis and Government Accountability, the |
| 233 | Sergeant at Arms and Secretary of the Senate, and the Sergeant |
| 234 | at Arms and Clerk of the House of Representatives. |
| 235 | (III) The executive director of the Legislative Committee |
| 236 | on Intergovernmental Relations and the executive director and |
| 237 | deputy executive director of the Commission on Ethics. |
| 238 | (IV) An executive director, staff director, or deputy |
| 239 | staff director of each joint committee, standing committee, or |
| 240 | select committee of the Legislature; an executive director, |
| 241 | staff director, executive assistant, analyst, or attorney of the |
| 242 | Office of the President of the Senate, the Office of the Speaker |
| 243 | of the House of Representatives, the Senate Majority Party |
| 244 | Office, Senate Minority Party Office, House Majority Party |
| 245 | Office, or House Minority Party Office; or any person, hired on |
| 246 | a contractual basis, having the power normally conferred upon |
| 247 | such persons, by whatever title. |
| 248 | (V) The Chancellor and Vice Chancellors of the State |
| 249 | University System; the general counsel to the Board of Governors |
| 250 | of the State University System; and the president, provost, vice |
| 251 | presidents, and deans of each state university. |
| 252 | (VI) Any person, including an other-personal-services |
| 253 | employee, having the power normally conferred upon the positions |
| 254 | referenced in this sub-subparagraph. |
| 255 | b. "Appointed state officer" means any member of an |
| 256 | appointive board, commission, committee, council, or authority |
| 257 | of the executive or legislative branch of state government whose |
| 258 | powers, jurisdiction, and authority are not solely advisory and |
| 259 | include the final determination or adjudication of any personal |
| 260 | or property rights, duties, or obligations, other than those |
| 261 | relative to its internal operations. |
| 262 | c. "State agency" means an entity of the legislative, |
| 263 | executive, or judicial branch of state government over which the |
| 264 | Legislature exercises plenary budgetary and statutory control. |
| 265 | 3. No member of the Legislature, appointed state officer, |
| 266 | or statewide elected officer shall personally represent another |
| 267 | person or entity for compensation before the government body or |
| 268 | agency of which the individual was an officer or member for a |
| 269 | period of 2 years following vacation of office. No member of the |
| 270 | Legislature shall personally represent another person or entity |
| 271 | for compensation during his or her term of office before the |
| 272 | governing or legislative body of a county, municipality, special |
| 273 | district, or school district; before any state agency other than |
| 274 | judicial tribunals or in settlement negotiations after the |
| 275 | filing of a lawsuit; or before Congress or any agency of the |
| 276 | Federal Government. |
| 277 | 4. No member of the Legislature, appointed state officer, |
| 278 | employee of the legislative branch, or member of any state |
| 279 | regulatory body shall: |
| 280 | a. Appear on behalf of, or represent or advocate in favor |
| 281 | or on behalf of, another person or entity before the government |
| 282 | body or agency of which the individual is an officer, employee, |
| 283 | or member; |
| 284 | b. Have, maintain, or hold any employment, position, or |
| 285 | professional or business relationship, association, or |
| 286 | affiliation of any kind or any contractual relationship with any |
| 287 | business or professional entity, firm, association, or |
| 288 | organization that appears before the body of which the |
| 289 | individual is an employee or member or the business or |
| 290 | professional operations, affairs, interests, undertakings, |
| 291 | services, or endeavors of which are advanced, or may be |
| 292 | benefited, in any degree, by any act of the legislative body of |
| 293 | which the individual is an employee or member; |
| 294 | c. Have, maintain, or hold any employment, position, or |
| 295 | professional or business relationship or association or |
| 296 | affiliation of any kind with any business or professional |
| 297 | entity, firm, association, or organization that lobbies or |
| 298 | appears or advocates before the legislative body of which such |
| 299 | individual is an employee or member or which otherwise |
| 300 | represents individuals or business entities before the |
| 301 | legislative body of which the individual is an employee or |
| 302 | member with the intent, design, purpose, or objective of |
| 303 | promoting, advancing, or causing any positive, favorable, or |
| 304 | negative action or vote by such legislative body, including the |
| 305 | passage, amendment, modification, or nonpassage or veto of any |
| 306 | proposed law or legislative enactment; or |
| 307 | d. Have, maintain, or hold any employment or position as a |
| 308 | consultant, counselor, attorney, or adviser to any individual, |
| 309 | entity, firm, association, or organization that provides or |
| 310 | renders services representing or advocating on behalf or for the |
| 311 | benefit of any individual, organization, or entity before the |
| 312 | legislative body of which such individual is an employee or |
| 313 | member, or which represents, lobbies, or appears or advocates |
| 314 | before the legislative body of which such individual is an |
| 315 | employee or member or which otherwise represents individuals or |
| 316 | business entities before the legislative body of which the |
| 317 | individual is an employee or member with the design, intent, |
| 318 | purpose, or objective of promoting or causing any positive, |
| 319 | favorable, or negative action or vote by such legislative body, |
| 320 | including the passage, amendment, modification, or nonpassage or |
| 321 | veto of any proposed law or legislative enactment. |
| 322 | 5. A public officer in an elective office of any state, |
| 323 | county, or municipal legislative, advisory, or regulatory body |
| 324 | is prohibited from: |
| 325 | a. Lobbying any other state, county, or municipal |
| 326 | legislative, advisory, or regulatory body or agency on behalf or |
| 327 | for the benefit of any private individual, entity, or |
| 328 | organization; or |
| 329 | b. Acting as an adviser, counselor, or consultant to, or |
| 330 | an advocate for or on behalf or for the benefit of, any private |
| 331 | individual, entity, or organization when the subject, purpose, |
| 332 | or object of the engagement, employment, or position is to lobby |
| 333 | any other state, county, or municipal legislative advisory or |
| 334 | regulatory body or agency on behalf or for the benefit of any |
| 335 | private individual, entity, or organization. |
| 336 | c. Acting as an adviser, counselor, or consultant to, or |
| 337 | an advocate for or on behalf or for the benefit of, any private |
| 338 | individual, entity, or organization when the subject, purpose, |
| 339 | or object of the engagement, employment, or position is to lobby |
| 340 | any state, county, or municipal legislative, advisory, or |
| 341 | regulatory body or agency on behalf or for the benefit or any |
| 342 | private individual, entity, or organization, including being a |
| 343 | partner or associate of, or having or maintaining any |
| 344 | professional or business relationship or affiliation with, any |
| 345 | individual, professional firm, or entity that engages or |
| 346 | participates in any kind of lobbying activity or that advocates |
| 347 | on behalf or for the benefit of any private individual, entity, |
| 348 | or organization when the subject, purpose, or object of the |
| 349 | engagement, employment, or position is to lobby or advocate |
| 350 | before any other state, county, or municipal legislative, |
| 351 | advisory, or regulatory body or agency. |
| 352 | d. Acting as an adviser, consultant, or counselor to, or |
| 353 | an advocate for or on behalf or for the benefit of, any entity |
| 354 | of which any relative of the public officer is a shareholder, |
| 355 | officer, director, or employee or with which the relative of the |
| 356 | public officer is otherwise affiliated or associated in any |
| 357 | capacity. |
| 358 | 6.4. An agency employee, including an agency employee who |
| 359 | was employed on July 1, 2001, in a Career Service System |
| 360 | position that was transferred to the Selected Exempt Service |
| 361 | System under chapter 2001-43, Laws of Florida, may not |
| 362 | personally represent another person or entity for compensation |
| 363 | before the agency with which he or she was employed for a period |
| 364 | of 2 years following vacation of position, unless employed by |
| 365 | another agency of state government. |
| 366 | 7.5. Any person violating this paragraph shall be subject |
| 367 | to the penalties provided in s. 112.317 and a civil penalty of |
| 368 | an amount equal to the compensation which the person receives |
| 369 | for the prohibited conduct. |
| 370 | 8.6. This paragraph is not applicable to: |
| 371 | a. A person employed by the Legislature or other agency |
| 372 | prior to July 1, 1989; |
| 373 | b. A person who was employed by the Legislature or other |
| 374 | agency on July 1, 1989, whether or not the person was a defined |
| 375 | employee on July 1, 1989; |
| 376 | c. A person who was a defined employee of the State |
| 377 | University System or the Public Service Commission who held such |
| 378 | employment on December 31, 1994; |
| 379 | d. A person who has reached normal retirement age as |
| 380 | defined in s. 121.021(29), and who has retired under the |
| 381 | provisions of chapter 121 by July 1, 1991; or |
| 382 | e. Any appointed state officer whose term of office began |
| 383 | before January 1, 1995, unless reappointed to that office on or |
| 384 | after January 1, 1995. |
| 385 | (b) In addition to the provisions of this part which are |
| 386 | applicable to legislators and legislative employees by virtue of |
| 387 | their being public officers or employees, the conduct of members |
| 388 | of the Legislature and legislative employees shall be governed |
| 389 | by the ethical standards provided in the respective rules of the |
| 390 | Senate or House of Representatives which are not in conflict |
| 391 | herewith. |
| 392 | Section 2. Section 112.316, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 112.316 Construction.-- |
| 395 | (1) It is not the intent of this part, nor shall it be |
| 396 | construed, to prevent any officer or employee of a state agency |
| 397 | or county, city, or other political subdivision of the state or |
| 398 | any legislator or legislative employee from accepting other |
| 399 | employment or following any pursuit which does not: |
| 400 | (a) Involve lobbying in any form, including any consulting |
| 401 | or advisory role to any individual, entity, or firm involved in |
| 402 | lobbying in any form; |
| 403 | (b) Interfere, or is not likely to interfere, with the |
| 404 | full and faithful discharge by such officer, employee, |
| 405 | legislator, or legislative employee of his or her duties to the |
| 406 | state or the county, city, or other political subdivision of the |
| 407 | state involved; or |
| 408 | (c) Create an appearance of impropriety. |
| 409 | (2) It is the intent of this part to strictly prohibit any |
| 410 | public officer or employee of any state, county, or municipal |
| 411 | legislative or governing body from acting as an adviser or |
| 412 | consultant to, or an advocate for or on behalf of, any private |
| 413 | individual, entity, or organization when the subject, purpose, |
| 414 | or object of the employment, engagement, or position is to lobby |
| 415 | any other state, county, or municipal governing, legislative, |
| 416 | advisory, or regulatory body or agency on behalf or for the |
| 417 | benefit of any private individual, entity, or organization, or |
| 418 | to assist any other individual in doing so. |
| 419 | Section 3. Subsection (8) is added to section 112.317, |
| 420 | Florida Statutes, to read: |
| 421 | 112.317 Penalties.-- |
| 422 | (8) Except for a violation involving the failure to file a |
| 423 | disclosure required under this part or for any omission in a |
| 424 | disclosure required under this part: |
| 425 | (a) Any public officer or employee who violates any |
| 426 | provision of this part or who conceals, fails to disclose, or |
| 427 | aids the commission or furtherance of any violation of this part |
| 428 | or aids in concealing any violation of this part; or |
| 429 | (b) Any private individual who participates in, conceals, |
| 430 | or aids the commission or furtherance of any violation of this |
| 431 | part or aids in concealing any violation of this part, |
| 432 | |
| 433 | commits a felony of the third degree, punishable as provided in |
| 434 | s. 775.082, s. 775.083, or s. 775.084, in addition to any other |
| 435 | civil penalty provided in this part. |
| 436 | Section 4. Section 420.5061, Florida Statutes, is amended |
| 437 | to read: |
| 438 | 420.5061 Transfer of agency assets and liabilities.--The |
| 439 | corporation is the legal successor in all respects to the |
| 440 | agency, is obligated to the same extent as the agency under any |
| 441 | agreements existing on December 31, 1997, and is entitled to any |
| 442 | rights and remedies previously afforded the agency by law or |
| 443 | contract, including specifically the rights of the agency under |
| 444 | chapter 201 and part VI of chapter 159. Effective January 1, |
| 445 | 1998, all references under Florida law to the agency are deemed |
| 446 | to mean the corporation. The corporation shall transfer to the |
| 447 | General Revenue Fund an amount which otherwise would have been |
| 448 | deducted as a service charge pursuant to s. 215.20(1) if the |
| 449 | Florida Housing Finance Corporation Fund established by s. |
| 450 | 420.508(5), the State Apartment Incentive Loan Fund established |
| 451 | by s. 420.5087(7), the Florida Homeownership Assistance Fund |
| 452 | established by s. 420.5088(4), the HOME Investment Partnership |
| 453 | Fund established by s. 420.5089(1), and the Housing |
| 454 | Predevelopment Loan Fund established by s. 420.525(1) were each |
| 455 | trust funds. For purposes of s. 112.313, the corporation is |
| 456 | deemed to be a continuation of the agency, and the provisions |
| 457 | thereof are deemed to apply as if the same entity remained in |
| 458 | place. Any employees of the agency and agency board members |
| 459 | covered by s. 112.313(9)(a)8. s. 112.313(9)(a)6. shall continue |
| 460 | to be entitled to the exemption in that subparagraph, |
| 461 | notwithstanding being hired by the corporation or appointed as |
| 462 | board members of the corporation. |
| 463 | Section 5. This act shall take effect July 1, 2010. |