CS for SB 2                                      First Engrossed
       
       
       
       
       
       
       
       
       20132e1
       
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.312, F.S.;
    3         revising definitions; creating s. 112.3125, F.S.;
    4         defining the term “public officer”; prohibiting public
    5         officers from accepting additional employment with the
    6         state or any of its political subdivisions under
    7         specified conditions; amending s. 112.313, F.S.;
    8         providing that a member of the Legislature may not
    9         personally represent another person or entity for
   10         compensation before any state agency for a period of 2
   11         years following vacation of office; providing
   12         exceptions; providing that no member of the
   13         Legislature may associate as a partner, principal, or
   14         employee of a firm whose primary purpose is lobbying
   15         the Legislature within the first 2 years after
   16         vacation of office under specified conditions;
   17         establishing filing requirements for a sworn
   18         statement; creating s. 112.3142, F.S.; defining the
   19         term “constitutional officers”; requiring
   20         constitutional officers to complete annual ethics
   21         training; specifying requirements for ethics training;
   22         requiring the commission to adopt rules to establish
   23         minimum course content; requiring each house of the
   24         Legislature to provide for ethics training pursuant to
   25         its rules; creating s. 112.31425, F.S.; providing
   26         legislative findings; providing that holding an
   27         economic interest in a qualified blind trust is not a
   28         prohibited conflict of interest; providing that a
   29         public officer may not attempt to influence, exercise
   30         control of, or obtain information regarding the
   31         holdings of the qualified blind trust; prohibiting
   32         communication regarding the qualified blind trust
   33         between a public officer or a person having a
   34         beneficial interest in the trust and the trustee;
   35         providing exceptions; requiring a public officer to
   36         report the qualified blind trust and its value on his
   37         or her financial disclosure form under specified
   38         circumstances; establishing requirements for creation
   39         of a qualified blind trust; requiring a public officer
   40         who holds a qualified blind trust to file a notice
   41         with the Commission on Ethics; requiring a covered
   42         public official to file an amendment to his or her
   43         most recent financial disclosure statement under
   44         specified conditions; amending s. 112.3143, F.S.;
   45         providing definitions for “principal” and “special
   46         private gain or loss”; requiring state public officers
   47         to abstain from voting on any matter that the officer
   48         knows would inure to his or her special private gain
   49         or loss; requiring that a memorandum filed after a
   50         vote be filed no later than 15 days after the vote;
   51         providing that a member of the Legislature satisfies
   52         the disclosure requirement by filing a form created
   53         pursuant to the rules of his or her respective house;
   54         providing that confidential or privileged information
   55         need not be disclosed; amending s. 112.3144, F.S.;
   56         requiring the qualifying officer to electronically
   57         transmit a full and public disclosure of financial
   58         interests of a qualified candidate to the commission;
   59         providing timeframes for the filing of certain
   60         complaints; authorizing filing individuals to file an
   61         amended statement during a specified timeframe under
   62         specified conditions; authorizing the commission to
   63         immediately follow complaint procedures under
   64         specified conditions; prohibiting the commission from
   65         taking action on complaints alleging immaterial,
   66         inconsequential, or de minimis errors or omissions;
   67         providing what constitutes an immaterial,
   68         inconsequential, or de minimis error or omission;
   69         authorizing an individual required to file a
   70         disclosure to have the statement prepared by an
   71         attorney or a certified public accountant; requiring
   72         an attorney or certified public accountant to sign the
   73         completed disclosure form to indicate compliance with
   74         applicable requirements and that the disclosure is
   75         true and correct based on reasonable knowledge and
   76         belief; requiring the commission to determine if an
   77         attorney or a certified public accountant failed to
   78         disclose information provided by the filing individual
   79         on the filed statement; providing that the failure of
   80         the attorney or certified public accountant to
   81         accurately transcribe information provided by the
   82         filing individual does not constitute a violation;
   83         authorizing an elected officer or candidate to use
   84         funds in an office account or campaign depository to
   85         pay an attorney or certified public accountant for
   86         preparing a disclosure; creating s. 112.31445, F.S.;
   87         providing a definition for “electronic filing system”;
   88         requiring all disclosures of financial interests filed
   89         with the commission to be scanned and made publicly
   90         available on a searchable Internet database beginning
   91         with the 2012 filing year; requiring the commission to
   92         submit a proposal to the President of the Senate and
   93         the Speaker of the House of Representatives for a
   94         mandatory electronic filing system by a specified
   95         date; establishing minimum requirements for the
   96         commission’s proposal; amending s. 112.3145, F.S.;
   97         revising the definitions of “local officer” and
   98         “specified state employee”; revising procedures for
   99         the filing of a statement of financial interests with
  100         a candidate’s qualifying papers; requiring a person
  101         filing a statement of financial interest to indicate
  102         the method of reporting income; providing timeframes
  103         for the filing of certain complaints; authorizing
  104         filing individuals to file an amended statement during
  105         a specified timeframe under specified conditions;
  106         authorizing the commission to immediately follow
  107         complaint procedures under specified conditions;
  108         prohibiting the commission from taking action on
  109         complaints alleging immaterial, inconsequential, or de
  110         minimis errors or omissions; providing what
  111         constitutes an immaterial, inconsequential, or de
  112         minimis error or omission; authorizing an individual
  113         required to file a disclosure to have the statement
  114         prepared by an attorney or a certified public
  115         accountant; requiring an attorney or certified public
  116         accountant to sign the completed disclosure form to
  117         indicate compliance with applicable requirements and
  118         that the disclosure is true and correct based on
  119         reasonable knowledge and belief; requiring the
  120         commission to determine if an attorney or a certified
  121         public accountant failed to disclose information
  122         provided by the filing individual on the filed
  123         statement; providing that the failure of the attorney
  124         or certified public accountant to accurately
  125         transcribe information provided by the filing
  126         individual does not constitute a violation;
  127         authorizing an elected officer or candidate to use
  128         funds in an office account or campaign depository to
  129         pay an attorney or certified public accountant for
  130         preparing a disclosure; creating s. 112.31455, F.S.;
  131         requiring the commission to attempt to determine
  132         whether an individual owing certain fines is a current
  133         public officer or public employee; authorizing the
  134         commission to notify the Chief Financial Officer or
  135         the governing body of a county, municipality, or
  136         special district of the total amount of any fine owed
  137         to the commission by such individuals; requiring that
  138         the Chief Financial Officer or the governing body of a
  139         county, municipality, or special district begin
  140         withholding portions of any salary payment that would
  141         otherwise be paid to the current public officer or
  142         public employee; requiring that the withheld payments
  143         be remitted to the commission until the fine is
  144         satisfied; authorizing the Chief Financial Officer or
  145         the governing body to retain a portion of payment for
  146         administrative costs; authorizing collection methods
  147         for the commission or the Department of Financial
  148         Services for individuals who are no longer public
  149         officers or public employees; authorizing the
  150         commission to contract with a collection agency;
  151         authorizing a collection agency to utilize collection
  152         methods authorized by law; authorizing the commission
  153         to collect an unpaid fine within a specified period of
  154         issuance of the final order; amending s. 112.3147,
  155         F.S.; providing an exception to the requirement that
  156         all forms be prescribed by the commission; amending s.
  157         112.3148, F.S.; revising the definition of
  158         “procurement employee”; creating a definition for
  159         “vendor”; prohibiting a reporting individual or
  160         procurement employee from soliciting or knowingly
  161         accepting a gift from a vendor; deleting references to
  162         political committees and committees of continuous
  163         existence; creating s. 112.31485, F.S.; providing
  164         definitions for “gift” and “immediate family”;
  165         prohibiting a reporting individual or procurement
  166         employee or a member of his or her immediate family
  167         from soliciting or knowingly accepting any gift from a
  168         political committee or committee of continuous
  169         existence; prohibiting a political committee or
  170         committee of continuous existence from giving any gift
  171         to a reporting individual or procurement employee or a
  172         member of his or her immediate family; providing
  173         penalties for a violation; requiring that individuals
  174         who violate this section be held personally liable;
  175         amending s. 112.3149, F.S.; revising the definition of
  176         “procurement employee”; creating a definition for
  177         “vendor”; prohibiting a reporting individual or
  178         procurement employee from knowingly accepting an
  179         honorarium from a vendor; prohibiting a vendor from
  180         giving an honorarium to a reporting individual or
  181         procurement employee; amending s. 112.317, F.S.;
  182         making technical changes; amending s. 112.3215, F.S.;
  183         authorizing the commission to investigate sworn
  184         complaints alleging a prohibited expenditure;
  185         authorizing the commission to investigate a lobbyist
  186         or principal upon a sworn complaint or random audit;
  187         authorizing the Governor and Cabinet to assess a fine
  188         on a lobbyist or principal under specified conditions;
  189         providing a civil penalty; amending s. 112.324, F.S.;
  190         authorizing specified parties to submit written
  191         referrals of a possible violation of the Code of
  192         Ethics for Public Officers and Employees or other
  193         possible breaches of the public trust to the
  194         Commission on Ethics; establishing procedures for the
  195         receipt of written referrals by the commission;
  196         extending the period in which the disclosure of the
  197         intent to file or the filing of a complaint against a
  198         candidate is prohibited; providing exceptions;
  199         requiring the commission to dismiss a complaint of a
  200         de minimis violation; providing exceptions; defining a
  201         de minimis violation; reenacting s. 120.665, F.S.,
  202         relating to disqualification of agency personnel, to
  203         incorporate the amendments to s. 112.3143, F.S., in a
  204         reference thereto; reenacting s. 286.012, F.S.,
  205         relating to voting requirements at meetings of
  206         governmental bodies, to incorporate the amendments
  207         made to s. 112.3143, F.S., in a reference thereto;
  208         reenacting s. 287.175, F.S., relating to penalties, to
  209         incorporate the amendments made to s. 112.324, F.S.,
  210         in a reference thereto; amending s. 288.901, F.S.;
  211         correcting a cross-reference; amending s. 445.007,
  212         F.S., and reenacting subsection (1) of that section,
  213         relating to regional workforce boards, to incorporate
  214         the amendments made to s. 112.3143, F.S., in a
  215         reference thereto; correcting cross-references;
  216         reenacting s. 627.311(5)(m), F.S., relating to joint
  217         underwriters and joint reinsurers, to incorporate the
  218         amendments made to s. 112.3143, F.S., in a reference
  219         thereto; reenacting s. 627.351(6)(d), F.S., relating
  220         to Citizens Property Insurance Corporation, to
  221         incorporate the amendments made to s. 112.3143, F.S.;
  222         providing an effective date.
  223  
  224  Be It Enacted by the Legislature of the State of Florida:
  225  
  226         Section 1. Subsection (5) and paragraph (b) of subsection
  227  (12) of section 112.312, Florida Statutes, is amended to read:
  228         112.312 Definitions.—As used in this part and for purposes
  229  of the provisions of s. 8, Art. II of the State Constitution,
  230  unless the context otherwise requires:
  231         (5) “Business entity” means any corporation, partnership,
  232  limited partnership, company, limited liability company,
  233  proprietorship, firm, enterprise, franchise, association, self
  234  employed individual, or trust, whether fictitiously named or
  235  not, doing business in this state.
  236         (12)
  237         (b) “Gift” does not include:
  238         1. Salary, benefits, services, fees, commissions, gifts, or
  239  expenses associated primarily with the donee’s employment,
  240  business, or service as an officer or director of a corporation
  241  or organization.
  242         2. Except as provided in s. 112.31485, contributions or
  243  expenditures reported pursuant to chapter 106, contributions or
  244  expenditures reported pursuant to federal election law,
  245  campaign-related personal services provided without compensation
  246  by individuals volunteering their time, or any other
  247  contribution or expenditure by a political party or affiliated
  248  party committee.
  249         3. An honorarium or an expense related to an honorarium
  250  event paid to a person or the person’s spouse.
  251         4. An award, plaque, certificate, or similar personalized
  252  item given in recognition of the donee’s public, civic,
  253  charitable, or professional service.
  254         5. An honorary membership in a service or fraternal
  255  organization presented merely as a courtesy by such
  256  organization.
  257         6. The use of a public facility or public property, made
  258  available by a governmental agency, for a public purpose.
  259         7. Transportation provided to a public officer or employee
  260  by an agency in relation to officially approved governmental
  261  business.
  262         8. Gifts provided directly or indirectly by a state,
  263  regional, or national organization which promotes the exchange
  264  of ideas between, or the professional development of,
  265  governmental officials or employees, and whose membership is
  266  primarily composed of elected or appointed public officials or
  267  staff, to members of that organization or officials or staff of
  268  a governmental agency that is a member of that organization.
  269         Section 2. Section 112.3125, Florida Statutes, is created
  270  to read:
  271         112.3125Dual public employment.—
  272         (1) As used in this section, the term “public officer”
  273  includes any person who is elected to state or local office or,
  274  for the period of his or her candidacy, any person who has
  275  qualified as a candidate for state or local office.
  276         (2) A public officer may not accept public employment with
  277  the state or any of its political subdivisions if the public
  278  officer knows, or with the exercise of reasonable care should
  279  know, that the position is being offered by the employer for the
  280  purpose of gaining influence or other advantage based on the
  281  public officer’s office or candidacy.
  282         (3) Any public employment accepted by a public officer must
  283  meet all of the following conditions:
  284         (a)1. The position was already in existence or was created
  285  by the employer without the knowledge or anticipation of the
  286  public officer’s interest in such position;
  287         2. The position was publicly advertised;
  288         3. The public officer was subject to the same application
  289  and hiring process as other candidates for the position; and
  290         4. The public officer meets or exceeds the required
  291  qualifications for the position.
  292         (4) A person who was employed by the state or any of its
  293  political subdivisions before qualifying as a public officer for
  294  his or her current term of office or the next available term of
  295  office may continue his or her employment. However, he or she
  296  may not accept promotion, advancement, additional compensation,
  297  or anything of value that he or she knows, or with the exercise
  298  of reasonable care should know, is provided or given as a result
  299  of his or her election or position, or that is otherwise
  300  inconsistent with the promotion, advancement, additional
  301  compensation, or anything of value provided or given an employee
  302  who is similarly situated.
  303         (5) This section may not be interpreted as authorizing
  304  employment that is otherwise prohibited by law.
  305         Section 3. Paragraph (a) of subsection (9) of section
  306  112.313, Florida Statutes, is amended to read:
  307         112.313 Standards of conduct for public officers, employees
  308  of agencies, and local government attorneys.—
  309         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  310  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  311         (a)1. It is the intent of the Legislature to implement by
  312  statute the provisions of s. 8(e), Art. II of the State
  313  Constitution relating to legislators, statewide elected
  314  officers, appointed state officers, and designated public
  315  employees.
  316         2. As used in this paragraph:
  317         a. “Employee” means:
  318         (I) Any person employed in the executive or legislative
  319  branch of government holding a position in the Senior Management
  320  Service as defined in s. 110.402 or any person holding a
  321  position in the Selected Exempt Service as defined in s. 110.602
  322  or any person having authority over policy or procurement
  323  employed by the Department of the Lottery.
  324         (II) The Auditor General, the director of the Office of
  325  Program Policy Analysis and Government Accountability, the
  326  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  327  at Arms and Clerk of the House of Representatives.
  328         (III) The executive director and deputy executive director
  329  of the Commission on Ethics.
  330         (IV) An executive director, staff director, or deputy staff
  331  director of each joint committee, standing committee, or select
  332  committee of the Legislature; an executive director, staff
  333  director, executive assistant, analyst, or attorney of the
  334  Office of the President of the Senate, the Office of the Speaker
  335  of the House of Representatives, the Senate Majority Party
  336  Office, Senate Minority Party Office, House Majority Party
  337  Office, or House Minority Party Office; or any person, hired on
  338  a contractual basis, having the power normally conferred upon
  339  such persons, by whatever title.
  340         (V) The Chancellor and Vice Chancellors of the State
  341  University System; the general counsel to the Board of Governors
  342  of the State University System; and the president, provost, vice
  343  presidents, and deans of each state university.
  344         (VI) Any person, including an other-personal-services
  345  employee, having the power normally conferred upon the positions
  346  referenced in this sub-subparagraph.
  347         b. “Appointed state officer” means any member of an
  348  appointive board, commission, committee, council, or authority
  349  of the executive or legislative branch of state government whose
  350  powers, jurisdiction, and authority are not solely advisory and
  351  include the final determination or adjudication of any personal
  352  or property rights, duties, or obligations, other than those
  353  relative to its internal operations.
  354         c. “State agency” means an entity of the legislative,
  355  executive, or judicial branch of state government over which the
  356  Legislature exercises plenary budgetary and statutory control.
  357         3. No member of the Legislature, appointed state officer,
  358  or statewide elected officer shall personally represent another
  359  person or entity for compensation before the government body or
  360  agency of which the individual was an officer or member for a
  361  period of 2 years following vacation of office. No member of the
  362  Legislature shall personally represent another person or entity
  363  for compensation during his or her term of office, or for a
  364  period of 2 years following vacation of office, before any state
  365  agency other than judicial tribunals or in settlement
  366  negotiations after the filing of a lawsuit. No member shall
  367  associate as a partner, principal, employee of a firm, or
  368  consultant for a period of 2 years following vacation of office
  369  for the purpose of drafting, strategizing, consulting, advising
  370  or in any way working on matters that will come before the
  371  Legislature or provide networking or relationship building
  372  services with sitting members of the Legislature. For purposes
  373  of this prohibition, employment, partnership, or association
  374  with a principal, firm, or entity whose primary purpose is
  375  legislative lobbying is presumptively prohibited unless the
  376  principal, firm, entity, or former member first receives an
  377  advisory opinion from the commission finding that the proposed
  378  employment is in compliance with this section. If the primary
  379  purpose of the employer, association or partnership, principal,
  380  firm, or entity affiliating with the former member is
  381  legislative lobbying, such entity must file annually a sworn
  382  statement with the Secretary of the Senate or the Clerk of the
  383  House of Representatives affirming that the former member did
  384  not engage in any of the prohibited activities.
  385         4. An agency employee, including an agency employee who was
  386  employed on July 1, 2001, in a Career Service System position
  387  that was transferred to the Selected Exempt Service System under
  388  chapter 2001-43, Laws of Florida, may not personally represent
  389  another person or entity for compensation before the agency with
  390  which he or she was employed for a period of 2 years following
  391  vacation of position, unless employed by another agency of state
  392  government.
  393         5. Any person violating this paragraph shall be subject to
  394  the penalties provided in s. 112.317 and a civil penalty of an
  395  amount equal to the compensation which the person receives for
  396  the prohibited conduct.
  397         6. This paragraph is not applicable to:
  398         a. A person employed by the Legislature or other agency
  399  prior to July 1, 1989;
  400         b. A person who was employed by the Legislature or other
  401  agency on July 1, 1989, whether or not the person was a defined
  402  employee on July 1, 1989;
  403         c. A person who was a defined employee of the State
  404  University System or the Public Service Commission who held such
  405  employment on December 31, 1994;
  406         d. A person who has reached normal retirement age as
  407  defined in s. 121.021(29), and who has retired under the
  408  provisions of chapter 121 by July 1, 1991; or
  409         e. Any appointed state officer whose term of office began
  410  before January 1, 1995, unless reappointed to that office on or
  411  after January 1, 1995.
  412         Section 4. Section 112.3142, Florida Statutes, is created
  413  to read:
  414         112.3142Ethics training for specified constitutional
  415  officers.—
  416         (1) As used in this section, the term “constitutional
  417  officers” includes the Governor, the Lieutenant Governor, the
  418  Attorney General, the Chief Financial Officer, the Commissioner
  419  of Agriculture, state attorneys, public defenders, sheriffs, tax
  420  collectors, property appraisers, supervisors of elections,
  421  clerks of the circuit court, county commissioners, district
  422  school board members, and superintendents of schools.
  423         (2)(a) All constitutional officers must complete 4 hours of
  424  ethics training annually that addresses, at a minimum, s. 8,
  425  Art. II of the State Constitution, the Code of Ethics for Public
  426  Officers and Employees, and the public records and public
  427  meetings laws of this state. This requirement may be satisfied
  428  by completion of a continuing legal education class or other
  429  continuing professional education class, seminar, or
  430  presentation if the required subjects are covered.
  431         (b) The commission shall adopt rules establishing minimum
  432  course content for the portion of an ethics training class that
  433  addresses s. 8, Art. II of the State Constitution and the Code
  434  of Ethics for Public Officers and Employees.
  435         (3) Each house of the Legislature shall provide for ethics
  436  training pursuant to its rules.
  437         Section 5. Section 112.31425, Florida Statutes, is created
  438  to read:
  439         112.31425Qualified blind trusts.—
  440         (1) The Legislature finds that if a public officer creates
  441  a trust and does not control the interests held by the trust,
  442  his or her official actions will not be influenced or appear to
  443  be influenced by private considerations.
  444         (2)If a public officer holds a beneficial interest in a
  445  qualified blind trust as described in this section, he or she
  446  does not have a conflict of interest prohibited under s.
  447  112.313(3) or (7) or a voting conflict of interest under s.
  448  112.3143 with regard to matters pertaining to that interest.
  449         (3)The public officer may not attempt to influence or
  450  exercise any control over decisions regarding the management of
  451  assets in a qualified blind trust. The public officer or any
  452  person having a beneficial interest in the qualified blind trust
  453  may not make any effort to obtain information with respect to
  454  the holdings of the trust, including obtaining a copy of any
  455  trust tax return filed or any information relating thereto,
  456  except as otherwise provided in this section.
  457         (4)Except for communications that consist solely of
  458  requests for distributions of cash or other unspecified assets
  459  of the trust, the public officer or the person who has a
  460  beneficial interest may not have any direct or indirect
  461  communication with the trustee with respect to the trust, unless
  462  such communication is in writing and relates only to:
  463         (a)A request for a distribution from the trust which does
  464  not specify whether the distribution is to be made in cash or in
  465  kind;
  466         (b)The general financial interests and needs of the public
  467  officer or the person who has a beneficial interest, including,
  468  but not limited to, an interest in maximizing income or long
  469  term capital gain;
  470         (c)A notification of the trustee of a law or regulation
  471  subsequently applicable to the public officer which prohibits
  472  the officer from holding an asset and directs that the asset not
  473  be held by the trust; or
  474         (d)A direction to the trustee to sell all of an asset
  475  initially placed in the trust by the public officer which, in
  476  the determination of the public officer, creates a conflict of
  477  interest or the appearance thereof due to the subsequent
  478  assumption of duties by the public officer.
  479         (5)The public officer shall report the beneficial interest
  480  in the qualified blind trust and its value as an asset on his or
  481  her financial disclosure form, if the value is required to be
  482  disclosed. The public officer shall report the blind trust as a
  483  primary source of income on his or her financial disclosure
  484  forms and its amount, if the amount of income is required to be
  485  disclosed. The public officer is not required to report as a
  486  secondary source of income any source of income to the blind
  487  trust.
  488         (6)In order to constitute a qualified blind trust, the
  489  trust established by the public officer must meet the following
  490  requirements:
  491         (a)The person appointed as the trustee may not be:
  492         1.The public officer’s spouse, child, parent, grandparent,
  493  grandchild, brother, sister, parent-in-law, brother-in-law,
  494  sister-in-law, aunt, uncle, or first cousin, or the spouse of
  495  any such person;
  496         2.A person who is an elected or appointed public officer
  497  or a public employee; or
  498         3.A person who has been appointed to serve in an agency by
  499  the public officer or by a public officer or public employee
  500  supervised by the public officer.
  501         (b)The trust agreement that establishes the trust must:
  502         1.Contain a statement that its purpose is to remove from
  503  the grantor control and knowledge of investment of trust assets
  504  so that conflicts between the grantor’s responsibilities as a
  505  public officer and his or her private interests are eliminated.
  506         2.Give the trustee complete discretion to manage the
  507  trust, including, but not limited to, the power to dispose of
  508  and acquire trust assets without consulting or notifying the
  509  covered public officer or the person having a beneficial
  510  interest in the trust.
  511         3.Prohibit communication between the trustee and the
  512  public officer, or the person who has a beneficial interest in
  513  the trust, concerning the holdings or sources of income of the
  514  trust, except amounts of cash value or net income or loss, if
  515  such report does not identify any asset or holding, or except as
  516  provided in this section.
  517         4.Provide that the trust tax return is prepared by the
  518  trustee or his or her designee and that any information relating
  519  thereto is not disclosed to the public officer or to the person
  520  who has a beneficial interest, except as provided in this
  521  section.
  522         5.Permit the trustee to notify the public officer of the
  523  date of disposition and value at disposition of any original
  524  investment or interest in real property to the extent required
  525  by federal tax law so that the information can be reported on
  526  the public officer’s applicable tax returns.
  527         6.Prohibit the trustee from disclosing to the public
  528  officer or the person who has a beneficial interest any
  529  information concerning replacement assets to the trust, except
  530  for the minimum tax information that lists only the totals of
  531  taxable items from the trust and does not describe the source of
  532  individual items of income.
  533         (c)Within 5 business days after the agreement is executed,
  534  the public officer shall file a notice with the commission
  535  setting forth:
  536         1.The date that the agreement is executed;
  537         2.The name and address of the trustee; and
  538         3.The acknowledgement by the trustee that he or she has
  539  agreed to serve as trustee.
  540         (7) If the trust is revoked while the covered public
  541  official is a public officer, or if the covered public official
  542  learns of any replacement assets that have been added to the
  543  trust, the covered public official shall file an amendment to
  544  his or her most recent financial disclosure statement. The
  545  amendment shall be filed no later than 60 days after the date of
  546  revocation or the addition of the replacement assets. The
  547  covered public official shall disclose the previously unreported
  548  pro rata share of the trust’s interests in investments or income
  549  deriving from any such investments. For purposes of this
  550  section, any replacement asset that becomes known to the covered
  551  public official shall thereafter be treated as though it were an
  552  original asset of the trust.
  553         Section 6. Subsections (1) and (2) of section 112.3143,
  554  Florida Statutes, are amended, current subsection (5) of that
  555  section is renumbered as subsection (6), and a new subsection
  556  (5) is added to that section, to read:
  557         112.3143 Voting conflicts.—
  558         (1) As used in this section:
  559         (a) “Principal” includes the parent organization or
  560  subsidiary of any business entity by which the public officer is
  561  retained.
  562         (b)(a) “Public officer” includes any person elected or
  563  appointed to hold office in any agency, including any person
  564  serving on an advisory body.
  565         (c)(b) “Relative” means any father, mother, son, daughter,
  566  husband, wife, brother, sister, father-in-law, mother-in-law,
  567  son-in-law, or daughter-in-law.
  568         (d) “Special private gain or loss” means an economic
  569  benefit or harm that would inure to the voting official or the
  570  voting official’s relative, business associate, or principal in
  571  a unique way or disproportionate to other members of the group.
  572         (2)(a)A No state public officer may not vote on any matter
  573  that the officer knows would inure to his or her special private
  574  gain or loss is prohibited from voting in an official capacity
  575  on any matter. However, Any state public officer who abstains
  576  from voting in an official capacity upon any measure that which
  577  the officer knows would inure to the officer’s special private
  578  gain or loss, or who votes in an official capacity on a measure
  579  that; which he or she knows would inure to the special private
  580  gain or loss of any principal by whom the officer is retained or
  581  to the parent organization or subsidiary of a corporate
  582  principal by which the officer is retained other than an agency
  583  as defined in s. 112.312(2); or which the officer knows would
  584  inure to the special private gain or loss of a relative or
  585  business associate of the public officer, shall make every
  586  reasonable effort to, within 15 days after the vote occurs,
  587  disclose the nature of his or her interest as a public record in
  588  a memorandum filed with the person responsible for recording the
  589  minutes of the meeting, who shall incorporate the memorandum in
  590  the minutes. If it is not possible for the state public officer
  591  to file a memorandum before the vote, the memorandum must be
  592  filed with the person responsible for recording the minutes of
  593  the meeting no later than 15 days after the vote.
  594         (b) A member of the Legislature may satisfy the disclosure
  595  requirements of this section by filing a disclosure form created
  596  pursuant to the rules of the member’s respective house if the
  597  member discloses the information required by this subsection.
  598         (5) If disclosure of specific information would violate
  599  confidentiality or privilege pursuant to law or rules governing
  600  attorneys, a public officer, who is also an attorney, may comply
  601  with the disclosure requirements of this section by disclosing
  602  the nature of the interest in such a way as to provide the
  603  public with notice of the conflict.
  604         Section 7. Subsection (2) of section 112.3144, Florida
  605  Statutes, is amended, present subsection (7) is renumbered as
  606  subsection (9), and new subsections (7) and (8) are added to
  607  that section, to read:
  608         112.3144 Full and public disclosure of financial
  609  interests.—
  610         (2) A person who is required, pursuant to s. 8, Art. II of
  611  the State Constitution, to file a full and public disclosure of
  612  financial interests and who has filed a full and public
  613  disclosure of financial interests for any calendar or fiscal
  614  year shall not be required to file a statement of financial
  615  interests pursuant to s. 112.3145(2) and (3) for the same year
  616  or for any part thereof notwithstanding any requirement of this
  617  part. When a candidate has qualified for office, the qualifying
  618  officer shall forward an electronic copy of the full and public
  619  disclosure of financial interests to the commission no later
  620  than July 1. The electronic copy of the full and public
  621  disclosure of financial interests satisfies the annual
  622  disclosure requirement of this section. A candidate who does not
  623  qualify until after the annual full and public disclosure has
  624  been filed pursuant to this section, except that a candidate for
  625  office shall file a copy of his or her disclosure with the
  626  officer before whom he or she qualifies.
  627         (7)(a) The commission shall treat an amended full and
  628  public disclosure of financial interests that is filed prior to
  629  September 1 of the current year as the original filing,
  630  regardless of whether a complaint has been filed. If a complaint
  631  pertaining to the current year alleges a failure to properly and
  632  accurately disclose any information required by this section or
  633  if a complaint filed pertaining to a previous reporting period
  634  within the preceding 5 years alleges a failure to properly and
  635  accurately disclose any information required to be disclosed by
  636  this section, the commission may immediately follow complaint
  637  procedures in s. 112.324. However, if a complaint filed after
  638  August 25 alleges an immaterial, inconsequential, or de minimis
  639  error or omission, the commission may not take any action on the
  640  complaint, other than notifying the filer of the complaint. The
  641  filer must be given 30 days to file an amended full and public
  642  disclosure of financial interests correcting any errors. If the
  643  filer does not file an amended full and public disclosure of
  644  financial interests within 30 days after the commission sends
  645  notice of the complaint, the commission may continue with
  646  proceedings pursuant to s. 112.324.
  647         (b) For purposes of the final full and public disclosure of
  648  financial interests, the commission shall treat a new final full
  649  and public disclosure of financial interests as the original
  650  filing if filed within 60 days after the original filing,
  651  regardless of whether a complaint has been filed. If, more than
  652  60 days after a final full and public disclosure of financial
  653  interests is filed, a complaint is filed alleging a complete
  654  omission of any information required to be disclosed by this
  655  section, the commission may immediately follow the complaint
  656  procedures in s. 112.324. However, if the complaint alleges an
  657  immaterial, inconsequential, or de minimis error or omission,
  658  the commission may not take any action on the complaint, other
  659  than notifying the filer of the complaint. The filer must be
  660  given 30 days to file a new final full and public disclosure of
  661  financial interests correcting any errors. If the filer does not
  662  file a new final full and public disclosure of financial
  663  interests within 30 days after the commission sends notice of
  664  the complaint, the commission may continue with proceedings
  665  pursuant to s. 112.324.
  666         (c) For purposes of this section, an error or omission is
  667  immaterial, inconsequential, or de minimis if the original
  668  filing provided sufficient information for the public to
  669  identify potential conflicts of interest.
  670         (8)(a) An individual required to file a disclosure pursuant
  671  to this section may have the disclosure prepared by an attorney
  672  in good standing with The Florida Bar or by a certified public
  673  accountant licensed under chapter 473. After preparing a
  674  disclosure form, the attorney or certified public accountant
  675  must sign the form indicating that he or she prepared the form
  676  in accordance with this section and the instructions for
  677  completing and filing the disclosure forms and that, upon his or
  678  her reasonable knowledge and belief, the disclosure is true and
  679  correct. If a complaint is filed alleging a failure to disclose
  680  information required by this section, the commission shall
  681  determine whether the information was disclosed to the attorney
  682  or certified public accountant. The failure of the attorney or
  683  certified public accountant to accurately transcribe information
  684  provided by the individual required to file is not a violation
  685  of this section.
  686         (b) An elected officer or candidate who chooses to use an
  687  attorney or a certified public accountant to prepare his or her
  688  disclosure may pay for the services of the attorney or certified
  689  public accountant from funds in an office account created
  690  pursuant to s. 106.141 or, during a year that the individual
  691  qualifies for election to public office, the candidate’s
  692  campaign depository pursuant to s. 106.021.
  693         Section 8. Section 112.31445, Florida Statutes, is created
  694  to read:
  695         112.31445Electronic filing system; full and public
  696  disclosure of financial interests.—
  697         (1) As used in this section, the term “electronic filing
  698  system” means an Internet system for recording and reporting
  699  full and public disclosure of financial interests or any other
  700  form that is required pursuant to s. 112.3144.
  701         (2) Beginning with the 2012 filing year, all full and
  702  public disclosures of financial interests filed with the
  703  commission pursuant to s. 8, Art. II of the State Constitution
  704  or s. 112.3144 must be scanned and made publicly available by
  705  the commission through a searchable Internet database.
  706         (3) By December 1, 2015, the commission shall submit a
  707  proposal to the President of the Senate and the Speaker of the
  708  House of Representatives for a mandatory electronic filing
  709  system. The proposal must, at a minimum:
  710         (a) Provide for access through the Internet.
  711         (b) Establish a procedure to make filings available in a
  712  searchable format that is accessible by an individual using
  713  standard web-browsing software.
  714         (c) Provide for direct completion of the full and public
  715  disclosure of financial interests forms as well as upload of
  716  such information using software approved by the commission.
  717         (d) Provide a secure method that prevents unauthorized
  718  access to electronic filing system functions.
  719         (e) Provide a method for an attorney or certified public
  720  accountant licensed in this state to sign the disclosure form to
  721  indicate that he or she prepared the form in accordance with s.
  722  112.3144 and the instructions for completing and filing the
  723  disclosure form and that, upon his or her reasonable knowledge
  724  and belief, the form is true and correct.
  725         (f) Address whether additional statutory or rulemaking
  726  authority is necessary for implementation of the system, and
  727  must include, at a minimum, the following elements: alternate
  728  filing procedures to be used in the event that the commission’s
  729  electronic filing system is inoperable, issuance of an
  730  electronic receipt via electronic mail indicating and verifying
  731  to the individual who submitted the full and public disclosure
  732  of financial interests form that the form has been filed, and a
  733  determination of the feasibility and necessity of including
  734  statements of financial interests filed pursuant to s. 112.3145
  735  in the proposed system.
  736         Section 9. Paragraphs (a) and (b) of subsection (1),
  737  paragraph (a) of subsection (2), and subsection (3) of section
  738  112.3145, Florida Statutes, are amended, present subsection (9)
  739  of that section is renumbered as subsection (11), and new
  740  subsections (9) and (10) are added to that section, to read:
  741         112.3145 Disclosure of financial interests and clients
  742  represented before agencies.—
  743         (1) For purposes of this section, unless the context
  744  otherwise requires, the term:
  745         (a) “Local officer” means:
  746         1. Every person who is elected to office in any political
  747  subdivision of the state, and every person who is appointed to
  748  fill a vacancy for an unexpired term in such an elective office.
  749         2. Any appointed member of any of the following boards,
  750  councils, commissions, authorities, or other bodies of any
  751  county, municipality, school district, independent special
  752  district, or other political subdivision of the state:
  753         a. The governing body of the political subdivision, if
  754  appointed;
  755         b. An expressway authority or transportation authority
  756  established by general law;
  757         b.c. A community college or junior college district board
  758  of trustees;
  759         c.d. A board having the power to enforce local code
  760  provisions;
  761         d.e. A planning or zoning board, board of adjustment, board
  762  of appeals, community redevelopment agency board, or other board
  763  having the power to recommend, create, or modify land planning
  764  or zoning within the political subdivision, except for citizen
  765  advisory committees, technical coordinating committees, and such
  766  other groups who only have the power to make recommendations to
  767  planning or zoning boards;
  768         e.f. A pension board or retirement board having the power
  769  to invest pension or retirement funds or the power to make a
  770  binding determination of one’s entitlement to or amount of a
  771  pension or other retirement benefit; or
  772         f.g. Any other appointed member of a local government board
  773  who is required to file a statement of financial interests by
  774  the appointing authority or the enabling legislation, ordinance,
  775  or resolution creating the board.
  776         3. Any person holding one or more of the following
  777  positions: mayor; county or city manager; chief administrative
  778  employee of a county, municipality, or other political
  779  subdivision; county or municipal attorney; finance director of a
  780  county, municipality, or other political subdivision; chief
  781  county or municipal building code inspector; county or municipal
  782  water resources coordinator; county or municipal pollution
  783  control director; county or municipal environmental control
  784  director; county or municipal administrator, with power to grant
  785  or deny a land development permit; chief of police; fire chief;
  786  municipal clerk; district school superintendent; community
  787  college president; district medical examiner; or purchasing
  788  agent having the authority to make any purchase exceeding the
  789  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  790  behalf of any political subdivision of the state or any entity
  791  thereof.
  792         (b) “Specified state employee” means:
  793         1. Public counsel created by chapter 350, an assistant
  794  state attorney, an assistant public defender, a criminal
  795  conflict and civil regional counsel, an assistant criminal
  796  conflict and civil regional counsel, a full-time state employee
  797  who serves as counsel or assistant counsel to any state agency,
  798  the Deputy Chief Judge of Compensation Claims, a judge of
  799  compensation claims, an administrative law judge, or a hearing
  800  officer.
  801         2. Any person employed in the office of the Governor or in
  802  the office of any member of the Cabinet if that person is exempt
  803  from the Career Service System, except persons employed in
  804  clerical, secretarial, or similar positions.
  805         3. The State Surgeon General or each appointed secretary,
  806  assistant secretary, deputy secretary, executive director,
  807  assistant executive director, or deputy executive director of
  808  each state department, commission, board, or council; unless
  809  otherwise provided, the division director, assistant division
  810  director, deputy director, bureau chief, and assistant bureau
  811  chief of any state department or division; or any person having
  812  the power normally conferred upon such persons, by whatever
  813  title.
  814         4. The superintendent or institute director of a state
  815  mental health institute established for training and research in
  816  the mental health field or the warden or director of any major
  817  state institution or facility established for corrections,
  818  training, treatment, or rehabilitation.
  819         5. Business managers, purchasing agents having the power to
  820  make any purchase exceeding the threshold amount provided for in
  821  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  822  personnel officers, or grants coordinators for any state agency.
  823         6. Any person, other than a legislative assistant exempted
  824  by the presiding officer of the house by which the legislative
  825  assistant is employed, who is employed in the legislative branch
  826  of government, except persons employed in maintenance, clerical,
  827  secretarial, or similar positions.
  828         7. Each employee of the Commission on Ethics.
  829         (2)(a) A person seeking nomination or election to a state
  830  or local elective office shall file a statement of financial
  831  interests together with, and at the same time he or she files,
  832  qualifying papers. When a candidate has qualified for office
  833  prior to the deadline to file an annual statement of financial
  834  interests, the statement of financial interests that is filed
  835  with the candidate’s qualifying papers shall be deemed to
  836  satisfy the annual disclosure requirement of this section. The
  837  qualifying officer must record that the statement of financial
  838  interests was timely filed. However, if a candidate does not
  839  qualify until after the annual statement of financial interests
  840  has been filed, the candidate may file a copy of his or her
  841  statement with the qualifying officer.
  842         (3) The statement of financial interests for state
  843  officers, specified state employees, local officers, and persons
  844  seeking to qualify as candidates for state or local office shall
  845  be filed even if the reporting person holds no financial
  846  interests requiring disclosure, in which case the statement
  847  shall be marked “not applicable.” Otherwise, the statement of
  848  financial interests shall include, at the filer’s option,
  849  either:
  850         (a)1. All sources of income in excess of 5 percent of the
  851  gross income received during the disclosure period by the person
  852  in his or her own name or by any other person for his or her use
  853  or benefit, excluding public salary. However, this shall not be
  854  construed to require disclosure of a business partner’s sources
  855  of income. The person reporting shall list such sources in
  856  descending order of value with the largest source first;
  857         2. All sources of income to a business entity in excess of
  858  10 percent of the gross income of a business entity in which the
  859  reporting person held a material interest and from which he or
  860  she received an amount which was in excess of 10 percent of his
  861  or her gross income during the disclosure period and which
  862  exceeds $1,500. The period for computing the gross income of the
  863  business entity is the fiscal year of the business entity which
  864  ended on, or immediately prior to, the end of the disclosure
  865  period of the person reporting;
  866         3. The location or description of real property in this
  867  state, except for residences and vacation homes, owned directly
  868  or indirectly by the person reporting, when such person owns in
  869  excess of 5 percent of the value of such real property, and a
  870  general description of any intangible personal property worth in
  871  excess of 10 percent of such person’s total assets. For the
  872  purposes of this paragraph, indirect ownership does not include
  873  ownership by a spouse or minor child; and
  874         4. Every individual liability that equals more than the
  875  reporting person’s net worth; or
  876         (b)1. All sources of gross income in excess of $2,500
  877  received during the disclosure period by the person in his or
  878  her own name or by any other person for his or her use or
  879  benefit, excluding public salary. However, this shall not be
  880  construed to require disclosure of a business partner’s sources
  881  of income. The person reporting shall list such sources in
  882  descending order of value with the largest source first;
  883         2. All sources of income to a business entity in excess of
  884  10 percent of the gross income of a business entity in which the
  885  reporting person held a material interest and from which he or
  886  she received gross income exceeding $5,000 during the disclosure
  887  period. The period for computing the gross income of the
  888  business entity is the fiscal year of the business entity which
  889  ended on, or immediately prior to, the end of the disclosure
  890  period of the person reporting;
  891         3. The location or description of real property in this
  892  state, except for residence and vacation homes, owned directly
  893  or indirectly by the person reporting, when such person owns in
  894  excess of 5 percent of the value of such real property, and a
  895  general description of any intangible personal property worth in
  896  excess of $10,000. For the purpose of this paragraph, indirect
  897  ownership does not include ownership by a spouse or minor child;
  898  and
  899         4. Every liability in excess of $10,000.
  900  
  901  A person filing a statement of financial interests shall
  902  indicate on the statement whether he or she is using the method
  903  specified in paragraph (a) or paragraph (b) of this subsection.
  904         (9)(a) The commission shall treat an amended statement of
  905  financial interests that is filed prior to September 1 of the
  906  current year as the original filing, regardless of whether a
  907  complaint has been filed. If a complaint pertaining to the
  908  current year alleges a failure to properly and accurately
  909  disclose any information required by this section or if a
  910  complaint filed pertaining to a previous reporting period within
  911  the preceding 5 years alleges a failure to properly and
  912  accurately disclose any information required to be disclosed by
  913  this section, the commission may immediately follow complaint
  914  procedures in s. 112.324. However, if a complaint filed after
  915  August 25 alleges an immaterial, inconsequential, or de minimis
  916  error or omission, the commission may not take any action on the
  917  complaint, other than notifying the filer of the complaint. The
  918  filer must be given 30 days to file an amended statement of
  919  financial interests correcting any errors. If the filer does not
  920  file an amended statement of financial interests within 30 days
  921  after the commission sends notice of the complaint, the
  922  commission may continue with proceedings pursuant to s. 112.324.
  923         (b) For purposes of the final statement of financial
  924  interests, the commission shall treat a new final statement of
  925  financial interests, as the original filing, if filed within 60
  926  days of the original filing regardless of whether a complaint
  927  has been filed. If, more than 60 days after a final statement of
  928  financial interests is filed, a complaint is filed alleging a
  929  complete omission of any information required to be disclosed by
  930  this section, the commission may immediately follow the
  931  complaint procedures in s. 112.324. However, if the complaint
  932  alleges an immaterial, inconsequential, or de minimis error or
  933  omission, the commission may not take any action on the
  934  complaint other than notifying the filer of the complaint. The
  935  filer must be given 30 days to file a new final statement of
  936  financial interests correcting any errors. If the filer does not
  937  file a new final statement of financial interests within 30 days
  938  after the commission sends notice of the complaint, the
  939  commission may continue with proceedings pursuant to s. 112.324.
  940         (c) For purposes of this section, an error or omission is
  941  immaterial, inconsequential, or de minimis if the original
  942  filing provided sufficient information for the public to
  943  identify potential conflicts of interest.
  944         (10)(a) An individual required to file a disclosure
  945  pursuant to this section may have the disclosure prepared by an
  946  attorney in good standing with The Florida Bar or by a certified
  947  public accountant licensed under chapter 473. After preparing a
  948  disclosure form, the attorney or certified public accountant
  949  must sign the form indicating that he or she prepared the form
  950  in accordance with this section and the instructions for
  951  completing and filing the disclosure forms and that, upon his or
  952  her reasonable knowledge and belief, the disclosure is true and
  953  correct. If a complaint is filed alleging a failure to disclose
  954  information required by this section, the commission shall
  955  determine whether the information was disclosed to the attorney
  956  or certified public accountant. The failure of the attorney or
  957  certified public accountant to accurately transcribe information
  958  provided by the individual who is required to file the
  959  disclosure does not constitute a violation of this section.
  960         (b) An elected officer or candidate who chooses to use an
  961  attorney or a certified public accountant to prepare his or her
  962  disclosure may pay for the services of the attorney or certified
  963  public accountant from funds in an office account created
  964  pursuant to s. 106.141 or, during a year that the individual
  965  qualifies for election to public office, the candidate’s
  966  campaign depository pursuant to s. 106.021.
  967         Section 10. Section 112.31455, Florida Statutes, is created
  968  to read:
  969         112.31455Collection methods for unpaid automatic fines for
  970  failure to timely file disclosure of financial interests.—
  971         (1) Before referring any unpaid fine accrued pursuant to s.
  972  112.3144(5) or s. 112.3145(6) to the Department of Financial
  973  Services, the commission shall attempt to determine whether the
  974  individual owing such a fine is a current public officer or
  975  current public employee. If so, the commission may notify the
  976  Chief Financial Officer or the governing body of the appropriate
  977  county, municipality, or special district of the total amount of
  978  any fine owed to the commission by such individual.
  979         (a) After receipt and verification of the notice from the
  980  commission, the Chief Financial Officer or the governing body of
  981  the county, municipality, or special district shall begin
  982  withholding the lesser of 10 percent or the maximum amount
  983  allowed under federal law from any salary-related payment. The
  984  withheld payments shall be remitted to the commission until the
  985  fine is satisfied.
  986         (b) The Chief Financial Officer or the governing body of
  987  the county, municipality, or special district may retain an
  988  amount of each withheld payment, as provided in s. 77.0305, to
  989  cover the administrative costs incurred under this section.
  990         (2) If the commission determines that the individual who is
  991  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  992  or s. 112.3145(6) is no longer a public officer or public
  993  employee or if the commission is unable to determine whether the
  994  individual is a current public officer or public employee, the
  995  commission may, 6 months after the order becomes final:
  996         (a) Record the final order as a judgment lien against any
  997  real or personal property within the state pursuant to chapter
  998  55. Upon recording the order imposing the fine with the clerk of
  999  the circuit court, the order shall be deemed a judgment for
 1000  purposes of chapter 55; or
 1001         (b) Seek garnishment of any wages to satisfy the amount of
 1002  the fine, or any unpaid portion thereof, pursuant to chapter 77.
 1003  Upon recording the order imposing the fine with the clerk of the
 1004  circuit court, the order shall be deemed a judgment for purposes
 1005  of garnishment pursuant to chapter 77.
 1006         (3) If a person holds an interest of $10,000 or less in a
 1007  single motor vehicle as defined in s. 320.01, that interest is
 1008  exempt from the collection methods authorized by this section.
 1009         (4) The commission may refer unpaid fines to the
 1010  appropriate collection agency, as directed by the Chief
 1011  Financial Officer, to utilize any collection methods provided by
 1012  law. Except as expressly limited by this section, any other
 1013  collection methods authorized by law are allowed.
 1014         (5) Action may be taken to collect any unpaid fine imposed
 1015  by ss. 112.3144 and 112.3145 within 20 years after the date the
 1016  final order is rendered.
 1017         Section 11. Section 112.3147, Florida Statutes, is amended
 1018  to read:
 1019         112.3147 Forms.—Except as otherwise provided, all
 1020  information required to be furnished by ss. 112.313, 112.3143,
 1021  112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II
 1022  of the State Constitution shall be on forms prescribed by the
 1023  Commission on Ethics.
 1024         Section 12. Paragraph (e) of subsection (2) of section
 1025  112.3148, Florida Statutes, is amended and paragraph (f) is
 1026  added to that subsection, and subsections (3) through (5) of
 1027  that section are amended, to read:
 1028         112.3148 Reporting and prohibited receipt of gifts by
 1029  individuals filing full or limited public disclosure of
 1030  financial interests and by procurement employees.—
 1031         (2) As used in this section:
 1032         (e) “Procurement employee” means any employee of an
 1033  officer, department, board, commission, or council, or agency of
 1034  the executive branch or judicial branch of state government who
 1035  has participated in the preceding 12 months participates through
 1036  decision, approval, disapproval, recommendation, preparation of
 1037  any part of a purchase request, influencing the content of any
 1038  specification or procurement standard, rendering of advice,
 1039  investigation, or auditing or in any other advisory capacity in
 1040  the procurement of contractual services or commodities as
 1041  defined in s. 287.012, if the cost of such services or
 1042  commodities exceeds or is expected to exceed $10,000 $1,000 in
 1043  any fiscal year.
 1044         (f) “Vendor” means a business entity doing business
 1045  directly with an agency, such as renting, leasing, or selling
 1046  any realty, goods, or services.
 1047         (3) A reporting individual or procurement employee is
 1048  prohibited from soliciting any gift from a vendor doing business
 1049  with the reporting individual’s or procurement employee’s agency
 1050  or from a political committee or committee of continuous
 1051  existence, as defined in s. 106.011, or from a lobbyist who
 1052  lobbies the reporting individual’s or procurement employee’s
 1053  agency, or the partner, firm, employer, or principal of such
 1054  lobbyist, where such gift is for the personal benefit of the
 1055  reporting individual or procurement employee, another reporting
 1056  individual or procurement employee, or any member of the
 1057  immediate family of a reporting individual or procurement
 1058  employee.
 1059         (4) A reporting individual or procurement employee or any
 1060  other person on his or her behalf is prohibited from knowingly
 1061  accepting, directly or indirectly, a gift from a vendor doing
 1062  business with the reporting individual’s or procurement
 1063  employee’s agency or from a political committee or committee of
 1064  continuous existence, as defined in s. 106.011, or from a
 1065  lobbyist who lobbies the reporting individual’s or procurement
 1066  employee’s agency, or directly or indirectly on behalf of the
 1067  partner, firm, employer, or principal of a lobbyist, if he or
 1068  she knows or reasonably believes that the gift has a value in
 1069  excess of $100; however, such a gift may be accepted by such
 1070  person on behalf of a governmental entity or a charitable
 1071  organization. If the gift is accepted on behalf of a
 1072  governmental entity or charitable organization, the person
 1073  receiving the gift shall not maintain custody of the gift for
 1074  any period of time beyond that reasonably necessary to arrange
 1075  for the transfer of custody and ownership of the gift.
 1076         (5)(a)  A vendor doing business with the reporting
 1077  individual’s or procurement employee’s agency A political
 1078  committee or a committee of continuous existence, as defined in
 1079  s. 106.011; a lobbyist who lobbies a reporting individual’s or
 1080  procurement employee’s agency; the partner, firm, employer, or
 1081  principal of a lobbyist; or another on behalf of the lobbyist or
 1082  partner, firm, principal, or employer of the lobbyist is
 1083  prohibited from giving, either directly or indirectly, a gift
 1084  that has a value in excess of $100 to the reporting individual
 1085  or procurement employee or any other person on his or her
 1086  behalf; however, such person may give a gift having a value in
 1087  excess of $100 to a reporting individual or procurement employee
 1088  if the gift is intended to be transferred to a governmental
 1089  entity or a charitable organization.
 1090         (b) However, a person who is regulated by this subsection,
 1091  who is not regulated by subsection (6), and who makes, or
 1092  directs another to make, an individual gift having a value in
 1093  excess of $25, but not in excess of $100, other than a gift that
 1094  the donor knows will be accepted on behalf of a governmental
 1095  entity or charitable organization, must file a report on the
 1096  last day of each calendar quarter for the previous calendar
 1097  quarter in which a reportable gift is made. The report shall be
 1098  filed with the Commission on Ethics, except with respect to
 1099  gifts to reporting individuals of the legislative branch, in
 1100  which case the report shall be filed with the Office of
 1101  Legislative Services. The report must contain a description of
 1102  each gift, the monetary value thereof, the name and address of
 1103  the person making such gift, the name and address of the
 1104  recipient of the gift, and the date such gift is given. In
 1105  addition, if a gift is made which requires the filing of a
 1106  report under this subsection, the donor must notify the intended
 1107  recipient at the time the gift is made that the donor, or
 1108  another on his or her behalf, will report the gift under this
 1109  subsection. Under this paragraph, a gift need not be reported by
 1110  more than one person or entity.
 1111         Section 13. Section 112.31485, Florida Statutes, is created
 1112  to read:
 1113         112.31485Prohibition on gifts involving political
 1114  committees and committees of continuous existence.—
 1115         (1)(a) For purposes of this section, the term “gift” means
 1116  any purchase, payment, distribution, loan, advance, transfer of
 1117  funds, or disbursement of money or anything of value that is not
 1118  primarily related to contributions, expenditures, or other
 1119  political activities authorized pursuant to chapter 106.
 1120         (b) For purposes of this section, the term “immediate
 1121  family” means any parent, spouse, child, or sibling.
 1122         (2)(a) A reporting individual or procurement employee or a
 1123  member of his or her immediate family is prohibited from
 1124  soliciting or knowingly accepting, directly or indirectly, any
 1125  gift from a political committee or committee of continuous
 1126  existence.
 1127         (b) A political committee or committee of continuous
 1128  existence is prohibited from giving, directly or indirectly, any
 1129  gift to a reporting individual or procurement employee or a
 1130  member of his or her immediate family.
 1131         (3) Any person who violates this section is subject to a
 1132  civil penalty equal to three times the amount of the gift. Such
 1133  penalty is in addition to the penalties provided in s. 112.317
 1134  and shall be paid to the General Revenue Fund of the state. A
 1135  reporting individual or procurement employee or a member of his
 1136  or her immediate family who violates this section is personally
 1137  liable for payment of the treble penalty. Any agent or person
 1138  acting on behalf of a political committee or committee of
 1139  continuous existence who gives a prohibited gift is personally
 1140  liable for payment of the treble penalty.
 1141         Section 14. Paragraph (e) of subsection (1) of section
 1142  112.3149, Florida Statutes, is amended, and paragraph (f) is
 1143  added to that subsection, and subsections (3) and (4) of that
 1144  section are amended, to read:
 1145         112.3149 Solicitation and disclosure of honoraria.—
 1146         (1) As used in this section:
 1147         (e) “Procurement employee” means any employee of an
 1148  officer, department, board, commission, or council, or agency of
 1149  the executive branch or judicial branch of state government who
 1150  has participated in the preceding 12 months participates through
 1151  decision, approval, disapproval, recommendation, preparation of
 1152  any part of a purchase request, influencing the content of any
 1153  specification or procurement standard, rendering of advice,
 1154  investigation, or auditing or in any other advisory capacity in
 1155  the procurement of contractual services or commodities as
 1156  defined in s. 287.012, if the cost of such services or
 1157  commodities exceeds $10,000 $1,000 in any fiscal year.
 1158         (f) “Vendor” means a business entity doing business
 1159  directly with an agency, such as renting, leasing, or selling
 1160  any realty, goods, or services.
 1161         (3) A reporting individual or procurement employee is
 1162  prohibited from knowingly accepting an honorarium from a
 1163  political committee or committee of continuous existence, as
 1164  defined in s. 106.011, from a vendor doing business with the
 1165  reporting individual’s or procurement employee’s agency, from a
 1166  lobbyist who lobbies the reporting individual’s or procurement
 1167  employee’s agency, or from the employer, principal, partner, or
 1168  firm of such a lobbyist.
 1169         (4) A political committee or committee of continuous
 1170  existence, as defined in s. 106.011, a vendor doing business
 1171  with the reporting individual’s or procurement employee’s
 1172  agency, a lobbyist who lobbies a reporting individual’s or
 1173  procurement employee’s agency, or the employer, principal,
 1174  partner, or firm of such a lobbyist is prohibited from giving an
 1175  honorarium to a reporting individual or procurement employee.
 1176         Section 15. Section 112.317, Florida Statutes, is amended
 1177  to read:
 1178         112.317 Penalties.—
 1179         (1) Any violation of any provision of this part, including,
 1180  but not limited to, any failure to file any disclosures required
 1181  by this part or violation of any standard of conduct imposed by
 1182  this part, or any violation of any provision of s. 8, Art. II of
 1183  the State Constitution, in addition to any criminal penalty or
 1184  other civil penalty involved, shall, under applicable
 1185  constitutional and statutory procedures, constitutes constitute
 1186  grounds for, and may be punished by, one or more of the
 1187  following:
 1188         (a) In the case of a public officer:
 1189         1. Impeachment.
 1190         2. Removal from office.
 1191         3. Suspension from office.
 1192         4. Public censure and reprimand.
 1193         5. Forfeiture of no more than one-third of his or her
 1194  salary per month for no more than 12 months.
 1195         6. A civil penalty not to exceed $10,000.
 1196         7. Restitution of any pecuniary benefits received because
 1197  of the violation committed. The commission may recommend that
 1198  the restitution penalty be paid to the agency of which the
 1199  public officer was a member or to the General Revenue Fund.
 1200         (b) In the case of an employee or a person designated as a
 1201  public officer by this part who otherwise would be deemed to be
 1202  an employee:
 1203         1. Dismissal from employment.
 1204         2. Suspension from employment for not more than 90 days
 1205  without pay.
 1206         3. Demotion.
 1207         4. Reduction in his or her salary level.
 1208         5. Forfeiture of no more than one-third salary per month
 1209  for no more than 12 months.
 1210         6. A civil penalty not to exceed $10,000.
 1211         7. Restitution of any pecuniary benefits received because
 1212  of the violation committed. The commission may recommend that
 1213  the restitution penalty be paid to the agency by which the
 1214  public employee was employed, or of which the officer was deemed
 1215  to be an employee, or to the General Revenue Fund.
 1216         8. Public censure and reprimand.
 1217         (c) In the case of a candidate who violates the provisions
 1218  of this part or s. 8(a) and (i), Art. II of the State
 1219  Constitution:
 1220         1. Disqualification from being on the ballot.
 1221         2. Public censure.
 1222         3. Reprimand.
 1223         4. A civil penalty not to exceed $10,000.
 1224         (d) In the case of a former public officer or employee who
 1225  has violated a provision applicable to former officers or
 1226  employees or whose violation occurred before the officer’s or
 1227  employee’s leaving public office or employment:
 1228         1. Public censure and reprimand.
 1229         2. A civil penalty not to exceed $10,000.
 1230         3. Restitution of any pecuniary benefits received because
 1231  of the violation committed. The commission may recommend that
 1232  the restitution penalty be paid to the agency of the public
 1233  officer or employee or to the General Revenue Fund.
 1234         (e) In the case of a person who is subject to the standards
 1235  of this part, other than a lobbyist or lobbying firm under s.
 1236  112.3215 for a violation of s. 112.3215, but who is not a public
 1237  officer or employee:
 1238         1. Public censure and reprimand.
 1239         2. A civil penalty not to exceed $10,000.
 1240         3. Restitution of any pecuniary benefits received because
 1241  of the violation committed. The commission may recommend that
 1242  the restitution penalty be paid to the agency of the person or
 1243  to the General Revenue Fund.
 1244         (2) In any case in which the commission finds a violation
 1245  of this part or of s. 8, Art. II of the State Constitution and
 1246  the proper disciplinary official or body under s. 112.324
 1247  imposes a civil penalty or restitution penalty, the Attorney
 1248  General shall bring a civil action to recover such penalty. No
 1249  defense may be raised in the civil action to enforce the civil
 1250  penalty or order of restitution that could have been raised by
 1251  judicial review of the administrative findings and
 1252  recommendations of the commission by certiorari to the district
 1253  court of appeal. The Attorney General shall collect any costs,
 1254  attorney’s fees, expert witness fees, or other costs of
 1255  collection incurred in bringing the action.
 1256         (3) The penalties prescribed in this part shall not be
 1257  construed to limit or to conflict with:
 1258         (a) The power of either house of the Legislature to
 1259  discipline its own members or impeach a public officer.
 1260         (b) The power of agencies to discipline officers or
 1261  employees.
 1262         (4) Any violation of this part or of s. 8, Art. II of the
 1263  State Constitution by a public officer constitutes shall
 1264  constitute malfeasance, misfeasance, or neglect of duty in
 1265  office within the meaning of s. 7, Art. IV of the State
 1266  Constitution.
 1267         (5) By order of the Governor, upon recommendation of the
 1268  commission, any elected municipal officer who violates any
 1269  provision of this part or of s. 8, Art. II of the State
 1270  Constitution may be suspended from office and the office filled
 1271  by appointment for the period of suspension. The suspended
 1272  officer may at any time before removal be reinstated by the
 1273  Governor. The Senate may, in proceedings prescribed by law,
 1274  remove from office, or reinstate, the suspended official, and
 1275  for such purpose the Senate may be convened in special session
 1276  by its President or by a majority of its membership.
 1277         (6) In any case in which the commission finds probable
 1278  cause to believe that a complainant has committed perjury in
 1279  regard to any document filed with, or any testimony given
 1280  before, the commission, it shall refer such evidence to the
 1281  appropriate law enforcement agency for prosecution and taxation
 1282  of costs.
 1283         (7) In any case in which the commission determines that a
 1284  person has filed a complaint against a public officer or
 1285  employee with a malicious intent to injure the reputation of
 1286  such officer or employee by filing the complaint with knowledge
 1287  that the complaint contains one or more false allegations or
 1288  with reckless disregard for whether the complaint contains false
 1289  allegations of fact material to a violation of this part, the
 1290  complainant shall be liable for costs plus reasonable attorney
 1291  attorney’s fees incurred in the defense of the person complained
 1292  against, including the costs and reasonable attorney attorney’s
 1293  fees incurred in proving entitlement to and the amount of costs
 1294  and fees. If the complainant fails to pay such costs and fees
 1295  voluntarily within 30 days following such finding by the
 1296  commission, the commission shall forward such information to the
 1297  Department of Legal Affairs, which shall bring a civil action in
 1298  a court of competent jurisdiction to recover the amount of such
 1299  costs and fees awarded by the commission.
 1300         Section 16. Paragraphs (a) and (c) of subsection (8) and
 1301  subsection (10) of section 112.3215, Florida Statutes, are
 1302  amended, present subsections (11) through (14) are renumbered as
 1303  (12) through (15), respectively, and a new subsection (11) is
 1304  added to that section to read:
 1305         112.3215 Lobbying before the executive branch or the
 1306  Constitution Revision Commission; registration and reporting;
 1307  investigation by commission.—
 1308         (8)(a) The commission shall investigate every sworn
 1309  complaint that is filed with it alleging that a person covered
 1310  by this section has failed to register, has failed to submit a
 1311  compensation report, has made a prohibited expenditure, or has
 1312  knowingly submitted false information in any report or
 1313  registration required in this section.
 1314         (c) The commission shall investigate any lobbying firm,
 1315  lobbyist, principal, agency, officer, or employee upon receipt
 1316  of information from a sworn complaint or from a random audit of
 1317  lobbying reports indicating a possible violation other than a
 1318  late-filed report.
 1319         (10) If the Governor and Cabinet finds that a violation
 1320  occurred, it may reprimand the violator, censure the violator,
 1321  or prohibit the violator from lobbying all agencies for a period
 1322  not to exceed 2 years. If the violator is a lobbying firm,
 1323  lobbyist, or principal, the Governor and Cabinet may also assess
 1324  a fine of not more than $5,000 to be deposited in the Executive
 1325  Branch Lobby Registration Trust Fund.
 1326         (11) Any person who is required to be registered or to
 1327  provide information under this section or under rules adopted
 1328  pursuant to this section and who knowingly fails to disclose any
 1329  material fact that is required by this section or by rules
 1330  adopted pursuant to this section, or who knowingly provides
 1331  false information on any report required by this section or by
 1332  rules adopted pursuant to this section, commits a noncriminal
 1333  infraction, punishable by a fine not to exceed $5,000. Such
 1334  penalty is in addition to any other penalty assessed by the
 1335  Governor and Cabinet pursuant to subsection (10).
 1336         Section 17. Section 112.324, Florida Statutes, is amended
 1337  to read:
 1338         112.324 Procedures on complaints of violations and
 1339  referrals; public records and meeting exemptions.—
 1340         (1) Upon a written complaint executed on a form prescribed
 1341  by the commission and signed under oath or affirmation by any
 1342  person, The commission shall investigate an any alleged
 1343  violation of this part or any other alleged breach of the public
 1344  trust within the jurisdiction of the commission as provided in
 1345  s. 8(f), Art. II of the State Constitution: in accordance with
 1346  procedures set forth herein.
 1347         (a) Upon a written complaint executed on a form prescribed
 1348  by the commission and signed under oath of affirmation by any
 1349  person; or
 1350         (b) Upon receipt of a written referral of a possible
 1351  violation of this part or other possible breach of the public
 1352  trust from the Governor, the Department of Law Enforcement, a
 1353  state attorney, or a United States Attorney which at least six
 1354  members of the commission determine is sufficient to indicate a
 1355  violation of this part or any other breach of the public trust.
 1356  
 1357  Within 5 days after receipt of a complaint by the commission or
 1358  a determination by at least six members of the commission that
 1359  the referral received is deemed sufficient, a copy shall be
 1360  transmitted to the alleged violator.
 1361         (2)(a) The complaint and records relating to the complaint
 1362  or to any preliminary investigation held by the commission or
 1363  its agents, by a Commission on Ethics and Public Trust
 1364  established by any county defined in s. 125.011(1) or by any
 1365  municipality defined in s. 165.031, or by any county or
 1366  municipality that has established a local investigatory process
 1367  to enforce more stringent standards of conduct and disclosure
 1368  requirements as provided in s. 112.326 are confidential and
 1369  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1370  of the State Constitution.
 1371         (b) Any proceeding conducted by the commission, a
 1372  Commission on Ethics and Public Trust, or a county or
 1373  municipality that has established such local investigatory
 1374  process, pursuant to a complaint or preliminary investigation,
 1375  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1376  the State Constitution, and s. 120.525.
 1377         (c) The exemptions in paragraphs (a) and (b) apply until
 1378  the complaint is dismissed as legally insufficient, until the
 1379  alleged violator requests in writing that such records and
 1380  proceedings be made public, or until the commission, a
 1381  Commission on Ethics and Public Trust, or a county or
 1382  municipality that has established such local investigatory
 1383  process determines, based on such investigation, whether
 1384  probable cause exists to believe that a violation has occurred.
 1385  In no event shall A complaint or referral under this part
 1386  against a candidate in any general, special, or primary election
 1387  may not be filed nor may or any intention of filing such a
 1388  complaint or referral be disclosed on the day of any such
 1389  election or within the 30 5 days immediately preceding the date
 1390  of the election, unless the complaint or referral is based upon
 1391  personal information or information other than hearsay.
 1392         (d) This subsection is subject to the Open Government
 1393  Sunset Review Act in accordance with s. 119.15 and shall stand
 1394  repealed on October 2, 2015, unless reviewed and saved from
 1395  repeal through reenactment by the Legislature.
 1396         (3) A preliminary investigation shall be undertaken by the
 1397  commission of each legally sufficient complaint or referral over
 1398  which the commission has jurisdiction to determine whether there
 1399  is probable cause to believe that a violation has occurred. If,
 1400  upon completion of the preliminary investigation, the commission
 1401  finds no probable cause to believe that this part has been
 1402  violated or that any other breach of the public trust has been
 1403  committed, the commission shall dismiss the complaint or
 1404  referral with the issuance of a public report to the complainant
 1405  and the alleged violator, stating with particularity its reasons
 1406  for dismissal of the complaint. At that time, the complaint or
 1407  referral and all materials relating to the complaint or referral
 1408  shall become a matter of public record. If the commission finds
 1409  from the preliminary investigation probable cause to believe
 1410  that this part has been violated or that any other breach of the
 1411  public trust has been committed, it shall so notify the
 1412  complainant and the alleged violator in writing. Such
 1413  notification and all documents made or received in the
 1414  disposition of the complaint or referral shall then become
 1415  public records. Upon request submitted to the commission in
 1416  writing, any person who the commission finds probable cause to
 1417  believe has violated any provision of this part or has committed
 1418  any other breach of the public trust shall be entitled to a
 1419  public hearing. Such person shall be deemed to have waived the
 1420  right to a public hearing if the request is not received within
 1421  14 days following the mailing of the probable cause notification
 1422  required by this subsection. However, the commission may on its
 1423  own motion, require a public hearing, may conduct such further
 1424  investigation as it deems necessary, and may enter into such
 1425  stipulations and settlements as it finds to be just and in the
 1426  best interest of the state. The commission is without
 1427  jurisdiction to, and no respondent may voluntarily or
 1428  involuntarily, enter into a stipulation or settlement which
 1429  imposes any penalty, including, but not limited to, a sanction
 1430  or admonition or any other penalty contained in s. 112.317.
 1431  Penalties shall be imposed only by the appropriate disciplinary
 1432  authority as designated in this section.
 1433         (4) If, in cases pertaining to members of the Legislature,
 1434  upon completion of a full and final investigation by the
 1435  commission, the commission finds that there has been a violation
 1436  of this part or of any provision of s. 8, Art. II of the State
 1437  Constitution, the commission shall forward a copy of the
 1438  complaint or referral and its findings by certified mail to the
 1439  President of the Senate or the Speaker of the House of
 1440  Representatives, whichever is applicable, who shall refer the
 1441  complaint or referral to the appropriate committee for
 1442  investigation and action which shall be governed by the rules of
 1443  its respective house. It is shall be the duty of the committee
 1444  to report its final action upon the matter complaint to the
 1445  commission within 90 days of the date of transmittal to the
 1446  respective house. Upon request of the committee, the commission
 1447  shall submit a recommendation as to what penalty, if any, should
 1448  be imposed. In the case of a member of the Legislature, the
 1449  house in which the member serves has shall have the power to
 1450  invoke the penalty provisions of this part.
 1451         (5) If, in cases pertaining to complaints against
 1452  impeachable officers, upon completion of a full and final
 1453  investigation by the commission, the commission finds that there
 1454  has been a violation of this part or of any provision of s. 8,
 1455  Art. II of the State Constitution, and the commission finds that
 1456  the violation may constitute grounds for impeachment, the
 1457  commission shall forward a copy of the complaint or referral and
 1458  its findings by certified mail to the Speaker of the House of
 1459  Representatives, who shall refer the complaint or referral to
 1460  the appropriate committee for investigation and action which
 1461  shall be governed by the rules of the House of Representatives.
 1462  It is shall be the duty of the committee to report its final
 1463  action upon the matter complaint to the commission within 90
 1464  days of the date of transmittal.
 1465         (6) If the commission finds that there has been a violation
 1466  of this part or of any provision of s. 8, Art. II of the State
 1467  Constitution by an impeachable officer other than the Governor,
 1468  and the commission recommends public censure and reprimand,
 1469  forfeiture of a portion of the officer’s salary, a civil
 1470  penalty, or restitution, the commission shall report its
 1471  findings and recommendation of disciplinary action to the
 1472  Governor, who has shall have the power to invoke the penalty
 1473  provisions of this part.
 1474         (7) If the commission finds that there has been a violation
 1475  of this part or of any provision of s. 8, Art. II of the State
 1476  Constitution by the Governor, and the commission recommends
 1477  public censure and reprimand, forfeiture of a portion of the
 1478  Governor’s salary, a civil penalty, or restitution, the
 1479  commission shall report its findings and recommendation of
 1480  disciplinary action to the Attorney General, who shall have the
 1481  power to invoke the penalty provisions of this part.
 1482         (8) If, in cases pertaining to complaints other than
 1483  complaints or referrals against impeachable officers or members
 1484  of the Legislature, upon completion of a full and final
 1485  investigation by the commission, the commission finds that there
 1486  has been a violation of this part or of s. 8, Art. II of the
 1487  State Constitution, it is shall be the duty of the commission to
 1488  report its findings and recommend appropriate action to the
 1489  proper disciplinary official or body as follows, and such
 1490  official or body has shall have the power to invoke the penalty
 1491  provisions of this part, including the power to order the
 1492  appropriate elections official to remove a candidate from the
 1493  ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
 1494  II of the State Constitution:
 1495         (a) The President of the Senate and the Speaker of the
 1496  House of Representatives, jointly, in any case concerning the
 1497  Public Counsel, members of the Public Service Commission,
 1498  members of the Public Service Commission Nominating Council, the
 1499  Auditor General, or the director of the Office of Program Policy
 1500  Analysis and Government Accountability.
 1501         (b) The Supreme Court, in any case concerning an employee
 1502  of the judicial branch.
 1503         (c) The President of the Senate, in any case concerning an
 1504  employee of the Senate; the Speaker of the House of
 1505  Representatives, in any case concerning an employee of the House
 1506  of Representatives; or the President and the Speaker, jointly,
 1507  in any case concerning an employee of a committee of the
 1508  Legislature whose members are appointed solely by the President
 1509  and the Speaker or in any case concerning an employee of the
 1510  Public Counsel, Public Service Commission, Auditor General, or
 1511  Office of Program Policy Analysis and Government Accountability.
 1512         (d) Except as otherwise provided by this part, the
 1513  Governor, in the case of any other public officer, public
 1514  employee, former public officer or public employee, candidate or
 1515  former candidate, or person who is not a public officer or
 1516  employee, other than lobbyists and lobbying firms under s.
 1517  112.3215 for violations of s. 112.3215.
 1518         (e) The President of the Senate or the Speaker of the House
 1519  of Representatives, whichever is applicable, in any case
 1520  concerning a former member of the Legislature who has violated a
 1521  provision applicable to former members or whose violation
 1522  occurred while a member of the Legislature.
 1523         (9) In addition to reporting its findings to the proper
 1524  disciplinary body or official, the commission shall report these
 1525  findings to the state attorney or any other appropriate official
 1526  or agency having authority to initiate prosecution when
 1527  violation of criminal law is indicated.
 1528         (10) Notwithstanding the foregoing procedures of this
 1529  section, a sworn complaint against any member or employee of the
 1530  Commission on Ethics for violation of this part or of s. 8, Art.
 1531  II of the State Constitution shall be filed with the President
 1532  of the Senate and the Speaker of the House of Representatives.
 1533  Each presiding officer shall, after determining that there are
 1534  sufficient grounds for review, appoint three members of their
 1535  respective bodies to a special joint committee who shall
 1536  investigate the complaint. The members shall elect a chair from
 1537  among their number. If the special joint committee finds
 1538  insufficient evidence to establish probable cause to believe a
 1539  violation of this part or of s. 8, Art. II of the State
 1540  Constitution has occurred, it shall dismiss the complaint. If,
 1541  upon completion of its preliminary investigation, the committee
 1542  finds sufficient evidence to establish probable cause to believe
 1543  a violation has occurred, the chair thereof shall transmit such
 1544  findings to the Governor who shall convene a meeting of the
 1545  Governor, the President of the Senate, the Speaker of the House
 1546  of Representatives, and the Chief Justice of the Supreme Court
 1547  to take such final action on the complaint as they shall deem
 1548  appropriate, consistent with the penalty provisions of this
 1549  part. Upon request of a majority of the Governor, the President
 1550  of the Senate, the Speaker of the House of Representatives, and
 1551  the Chief Justice of the Supreme Court, the special joint
 1552  committee shall submit a recommendation as to what penalty, if
 1553  any, should be imposed.
 1554         (11)(a) Notwithstanding subsections (1)-(8), the commission
 1555  shall dismiss any complaint or referral at any stage of
 1556  disposition should it determine that the violation that is
 1557  alleged or has occurred is a de minimis violation attributable
 1558  to inadvertent or unintentional error. In determining whether a
 1559  violation was de minimis, the commission shall consider whether
 1560  the interests of the public were protected despite the
 1561  violation. This subsection does not apply to complaints or
 1562  referrals pursuant to ss. 112.3144 and 112.3145.
 1563         (b) For the purposes of this subsection, a de minimis
 1564  violation is any violation that is unintentional and not
 1565  material in nature.
 1566         (12)(11) Notwithstanding the provisions of subsections (1)
 1567  (8), the commission may, at its discretion, dismiss any
 1568  complaint or referral at any stage of disposition should it
 1569  determine that the public interest would not be served by
 1570  proceeding further, in which case the commission shall issue a
 1571  public report stating with particularity its reasons for the
 1572  dismissal.
 1573         Section 18. For the purpose of incorporating the amendment
 1574  made by this act to section 112.3143, Florida Statutes, in a
 1575  reference thereto, subsection (1) of section 120.665, Florida
 1576  Statutes, is reenacted to read:
 1577         120.665 Disqualification of agency personnel.—
 1578         (1) Notwithstanding the provisions of s. 112.3143, any
 1579  individual serving alone or with others as an agency head may be
 1580  disqualified from serving in an agency proceeding for bias,
 1581  prejudice, or interest when any party to the agency proceeding
 1582  shows just cause by a suggestion filed within a reasonable
 1583  period of time prior to the agency proceeding. If the
 1584  disqualified individual was appointed, the appointing power may
 1585  appoint a substitute to serve in the matter from which the
 1586  individual is disqualified. If the individual is an elected
 1587  official, the Governor may appoint a substitute to serve in the
 1588  matter from which the individual is disqualified. However, if a
 1589  quorum remains after the individual is disqualified, it shall
 1590  not be necessary to appoint a substitute.
 1591         Section 19. For the purpose of incorporating the amendment
 1592  made by this act to section 112.3143, Florida Statutes, in a
 1593  reference thereto, section 286.012, Florida Statutes, is
 1594  reenacted to read:
 1595         286.012 Voting requirement at meetings of governmental
 1596  bodies.—No member of any state, county, or municipal
 1597  governmental board, commission, or agency who is present at any
 1598  meeting of any such body at which an official decision, ruling,
 1599  or other official act is to be taken or adopted may abstain from
 1600  voting in regard to any such decision, ruling, or act; and a
 1601  vote shall be recorded or counted for each such member present,
 1602  except when, with respect to any such member, there is, or
 1603  appears to be, a possible conflict of interest under the
 1604  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such
 1605  cases, said member shall comply with the disclosure requirements
 1606  of s. 112.3143.
 1607         Section 20. For the purpose of incorporating the amendment
 1608  made by this act to section 112.324, Florida Statutes, in a
 1609  reference thereto, section 287.175, Florida Statutes, is
 1610  reenacted to read:
 1611         287.175 Penalties.—A violation of this part or a rule
 1612  adopted hereunder, pursuant to applicable constitutional and
 1613  statutory procedures, constitutes misuse of public position as
 1614  defined in s. 112.313(6), and is punishable as provided in s.
 1615  112.317. The Chief Financial Officer shall report incidents of
 1616  suspected misuse to the Commission on Ethics, and the commission
 1617  shall investigate possible violations of this part or rules
 1618  adopted hereunder when reported by the Chief Financial Officer,
 1619  notwithstanding the provisions of s. 112.324. Any violation of
 1620  this part or a rule adopted hereunder shall be presumed to have
 1621  been committed with wrongful intent, but such presumption is
 1622  rebuttable. Nothing in this section is intended to deny rights
 1623  provided to career service employees by s. 110.227.
 1624         Section 21. Paragraph (c) of subsection (1) of section
 1625  288.901, Florida Statutes, is amended to read:
 1626         288.901 Enterprise Florida, Inc.—
 1627         (1) CREATION.—
 1628         (c) The Legislature determines that it is in the public
 1629  interest for the members of Enterprise Florida, Inc., board of
 1630  directors to be subject to the requirements of ss. 112.3135,
 1631  112.3143(2) 112.3143, and 112.313, excluding s. 112.313(2),
 1632  notwithstanding the fact that the board members are not public
 1633  officers or employees. For purposes of those sections, the board
 1634  members shall be considered to be public officers or employees.
 1635  The exemption set forth in s. 112.313(12) for advisory boards
 1636  applies to the members of Enterprise Florida, Inc., board of
 1637  directors. Further, each member of the board of directors who is
 1638  not otherwise required to file financial disclosures pursuant to
 1639  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1640  file disclosure of financial interests pursuant to s. 112.3145.
 1641         Section 22. Subsection (1) of section 445.007, Florida
 1642  Statutes, is reenacted for the purpose of incorporating the
 1643  amendment made by this act to section 112.3143, Florida
 1644  Statutes, in a reference thereto, and subsection (11) of that
 1645  section is amended, to read:
 1646         445.007 Regional workforce boards.—
 1647         (1) One regional workforce board shall be appointed in each
 1648  designated service delivery area and shall serve as the local
 1649  workforce investment board pursuant to Pub. L. No. 105-220. The
 1650  membership of the board shall be consistent with Pub. L. No.
 1651  105-220, Title I, s. 117(b) but may not exceed the minimum
 1652  membership required in Pub. L. No. 105-220, Title I, s.
 1653  117(b)(2)(A) and in this subsection. Upon approval by the
 1654  Governor, the chief elected official may appoint additional
 1655  members above the limit set by this subsection. If a public
 1656  education or training provider is represented on the board, a
 1657  representative of a private nonprofit provider and a
 1658  representative of a private for-profit provider must also be
 1659  appointed to the board. The board shall include one nonvoting
 1660  representative from a military installation if a military
 1661  installation is located within the region and the appropriate
 1662  military command or organization authorizes such representation.
 1663  It is the intent of the Legislature that membership of a
 1664  regional workforce board include persons who are current or
 1665  former recipients of welfare transition assistance as defined in
 1666  s. 445.002(2) or workforce services as provided in s. 445.009(1)
 1667  or that such persons be included as ex officio members of the
 1668  board or of committees organized by the board. The importance of
 1669  minority and gender representation shall be considered when
 1670  making appointments to the board. The board, its committees,
 1671  subcommittees, and subdivisions, and other units of the
 1672  workforce system, including units that may consist in whole or
 1673  in part of local governmental units, may use any method of
 1674  telecommunications to conduct meetings, including establishing a
 1675  quorum through telecommunications, provided that the public is
 1676  given proper notice of the telecommunications meeting and
 1677  reasonable access to observe and, when appropriate, participate.
 1678  Regional workforce boards are subject to chapters 119 and 286
 1679  and s. 24, Art. I of the State Constitution. If the regional
 1680  workforce board enters into a contract with an organization or
 1681  individual represented on the board of directors, the contract
 1682  must be approved by a two-thirds vote of the board, a quorum
 1683  having been established, and the board member who could benefit
 1684  financially from the transaction must abstain from voting on the
 1685  contract. A board member must disclose any such conflict in a
 1686  manner that is consistent with the procedures outlined in s.
 1687  112.3143. Each member of a regional workforce board who is not
 1688  otherwise required to file a full and public disclosure of
 1689  financial interests pursuant to s. 8, Art. II of the State
 1690  Constitution or s. 112.3144 shall file a statement of financial
 1691  interests pursuant to s. 112.3145. The executive director or
 1692  designated person responsible for the operational and
 1693  administrative functions of the regional workforce board who is
 1694  not otherwise required to file a full and public disclosure of
 1695  financial interests pursuant to s. 8, Art. II of the State
 1696  Constitution or s. 112.3144 shall file a statement of financial
 1697  interests pursuant to s. 112.3145.
 1698         (11) To increase transparency and accountability, a
 1699  regional workforce board must comply with the requirements of
 1700  this section before contracting with a member of the board or a
 1701  relative, as defined in s. 112.3143(1)(c) 112.3143(1)(b), of a
 1702  board member or of an employee of the board. Such contracts may
 1703  not be executed before or without the approval of Workforce
 1704  Florida, Inc. Such contracts, as well as documentation
 1705  demonstrating adherence to this section as specified by
 1706  Workforce Florida, Inc., must be submitted to the Department of
 1707  Economic Opportunity for review and recommendation according to
 1708  criteria to be determined by Workforce Florida, Inc. Such a
 1709  contract must be approved by a two-thirds vote of the board, a
 1710  quorum having been established; all conflicts of interest must
 1711  be disclosed before the vote; and any member who may benefit
 1712  from the contract, or whose relative may benefit from the
 1713  contract, must abstain from the vote. A contract under $25,000
 1714  between a regional workforce board and a member of that board or
 1715  between a relative, as defined in s. 112.3143(1)(c)
 1716  112.3143(1)(b), of a board member or of an employee of the board
 1717  is not required to have the prior approval of Workforce Florida,
 1718  Inc., but must be approved by a two-thirds vote of the board, a
 1719  quorum having been established, and must be reported to the
 1720  Department of Economic Opportunity and Workforce Florida, Inc.,
 1721  within 30 days after approval. If a contract cannot be approved
 1722  by Workforce Florida, Inc., a review of the decision to
 1723  disapprove the contract may be requested by the regional
 1724  workforce board or other parties to the disapproved contract.
 1725         Section 23. For the purpose of incorporating the amendment
 1726  made by this act to section 112.3143, Florida Statutes, in a
 1727  reference thereto, paragraph (m) of subsection (5) of section
 1728  627.311, Florida Statutes, is reenacted to read:
 1729         627.311 Joint underwriters and joint reinsurers; public
 1730  records and public meetings exemptions.—
 1731         (5)
 1732         (m) Senior managers and officers, as defined in the plan of
 1733  operation, and members of the board of governors are subject to
 1734  the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
 1735  112.316, and 112.317. Senior managers, officers, and board
 1736  members are also required to file such disclosures with the
 1737  Commission on Ethics and the Office of Insurance Regulation. The
 1738  executive director of the plan or his or her designee shall
 1739  notify each newly appointed and existing appointed member of the
 1740  board of governors, senior manager, and officer of his or her
 1741  duty to comply with the reporting requirements of s. 112.3145.
 1742  At least quarterly, the executive director of the plan or his or
 1743  her designee shall submit to the Commission on Ethics a list of
 1744  names of the senior managers, officers, and members of the board
 1745  of governors who are subject to the public disclosure
 1746  requirements under s. 112.3145. Notwithstanding s. 112.313, an
 1747  employee, officer, owner, or director of an insurance agency,
 1748  insurance company, or other insurance entity may be a member of
 1749  the board of governors unless such employee, officer, owner, or
 1750  director of an insurance agency, insurance company, other
 1751  insurance entity, or an affiliate provides policy issuance,
 1752  policy administration, underwriting, claims handling, or payroll
 1753  audit services. Notwithstanding s. 112.3143, such board member
 1754  may not participate in or vote on a matter if the insurance
 1755  agency, insurance company, or other insurance entity would
 1756  obtain a special or unique benefit that would not apply to other
 1757  similarly situated insurance entities.
 1758         Section 24. For the purpose of incorporating the amendment
 1759  made to this act to section 112.3143, Florida Statutes, in a
 1760  reference thereto, paragraph (d) of subsection (6) of section
 1761  627.351, Florida Statutes, is reenacted to read:
 1762         627.351 Insurance risk apportionment plans.—
 1763         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1764         (d)1. All prospective employees for senior management
 1765  positions, as defined by the plan of operation, are subject to
 1766  background checks as a prerequisite for employment. The office
 1767  shall conduct the background checks pursuant to ss. 624.34,
 1768  624.404(3), and 628.261.
 1769         2. On or before July 1 of each year, employees of the
 1770  corporation must sign and submit a statement attesting that they
 1771  do not have a conflict of interest, as defined in part III of
 1772  chapter 112. As a condition of employment, all prospective
 1773  employees must sign and submit to the corporation a conflict-of
 1774  interest statement.
 1775         3. Senior managers and members of the board of governors
 1776  are subject to part III of chapter 112, including, but not
 1777  limited to, the code of ethics and public disclosure and
 1778  reporting of financial interests, pursuant to s. 112.3145.
 1779  Notwithstanding s. 112.3143(2), a board member may not vote on
 1780  any measure that would inure to his or her special private gain
 1781  or loss; that he or she knows would inure to the special private
 1782  gain or loss of any principal by whom he or she is retained or
 1783  to the parent organization or subsidiary of a corporate
 1784  principal by which he or she is retained, other than an agency
 1785  as defined in s. 112.312; or that he or she knows would inure to
 1786  the special private gain or loss of a relative or business
 1787  associate of the public officer. Before the vote is taken, such
 1788  member shall publicly state to the assembly the nature of his or
 1789  her interest in the matter from which he or she is abstaining
 1790  from voting and, within 15 days after the vote occurs, disclose
 1791  the nature of his or her interest as a public record in a
 1792  memorandum filed with the person responsible for recording the
 1793  minutes of the meeting, who shall incorporate the memorandum in
 1794  the minutes. Senior managers and board members are also required
 1795  to file such disclosures with the Commission on Ethics and the
 1796  Office of Insurance Regulation. The executive director of the
 1797  corporation or his or her designee shall notify each existing
 1798  and newly appointed member of the board of governors and senior
 1799  managers of their duty to comply with the reporting requirements
 1800  of part III of chapter 112. At least quarterly, the executive
 1801  director or his or her designee shall submit to the Commission
 1802  on Ethics a list of names of the senior managers and members of
 1803  the board of governors who are subject to the public disclosure
 1804  requirements under s. 112.3145.
 1805         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 1806  provision of law, an employee or board member may not knowingly
 1807  accept, directly or indirectly, any gift or expenditure from a
 1808  person or entity, or an employee or representative of such
 1809  person or entity, which has a contractual relationship with the
 1810  corporation or who is under consideration for a contract. An
 1811  employee or board member who fails to comply with subparagraph
 1812  3. or this subparagraph is subject to penalties provided under
 1813  ss. 112.317 and 112.3173.
 1814         5. Any senior manager of the corporation who is employed on
 1815  or after January 1, 2007, regardless of the date of hire, who
 1816  subsequently retires or terminates employment is prohibited from
 1817  representing another person or entity before the corporation for
 1818  2 years after retirement or termination of employment from the
 1819  corporation.
 1820         6. Any senior manager of the corporation who is employed on
 1821  or after January 1, 2007, regardless of the date of hire, who
 1822  subsequently retires or terminates employment is prohibited from
 1823  having any employment or contractual relationship for 2 years
 1824  with an insurer that has entered into a take-out bonus agreement
 1825  with the corporation.
 1826         Section 25. This act shall take effect upon becoming a law.