Florida Senate - 2013                                     SB 926
       
       
       
       By Senator Detert
       
       
       
       
       28-01370-13                                            2013926__
    1                        A bill to be entitled                      
    2         An act relating to the Commission on Ethics; amending
    3         ss. 55.10 and 55.202, F.S.; authorizing the commission
    4         to acquire liens on real and personal property for
    5         certain fines imposed by final order of the
    6         commission; amending s. 55.209, F.S.; conforming a
    7         cross-reference; amending s. 112.3143, F.S.; providing
    8         a definition; providing circumstances under which a
    9         state public officer who holds an elective office must
   10         disclose certain interests when voting on a matter;
   11         prohibiting a state public officer who holds an
   12         appointive position from voting upon certain matters;
   13         requiring disclosure of certain interests of a state
   14         public officer holding an appointive position and a
   15         county, municipal, or other local public officer;
   16         prohibiting a state public officer holding an
   17         appointive position and a county, municipal, or other
   18         local public officer from participating in certain
   19         matters that would inure to his or her gain or that of
   20         others; providing exceptions; amending s. 112.324,
   21         F.S.; expanding the authority of the commission to
   22         initiate an investigation of an alleged violation or
   23         breach of the public trust upon the receipt of a
   24         written referral from certain individuals and which
   25         seven members of the commission deem sufficient;
   26         requiring the transmission of a referral to an alleged
   27         violator under certain circumstances; amending s.
   28         411.01, F.S.; conforming a cross-reference; providing
   29         an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (8) is added to section 55.10,
   34  Florida Statutes, to read:
   35         55.10 Judgments, orders, and decrees; lien of all,
   36  generally; extension of liens; transfer of liens to other
   37  security.—
   38         (8) For purposes of this section and s. 55.202, a final
   39  order issued by the Commission on Ethics for any fine
   40  automatically imposed pursuant to s. 112.3144(5)(e) or s.
   41  112.3145(6)(f) shall be treated in the same manner as a
   42  judgment, order, or decree issued by a court.
   43         Section 2. Section 55.202, Florida Statutes, is amended to
   44  read:
   45         55.202 Judgments, orders, and decrees; lien on personal
   46  property.—
   47         (1) A judgment lien securing the unpaid amount of any money
   48  judgment may be acquired by the holder of a judgment that is:
   49         (a) Enforceable in this state under its laws or the laws of
   50  the United States;
   51         (b) Entered by an issuing tribunal with respect to a
   52  support order being enforced in this state pursuant to chapter
   53  88; or
   54         (c) Enforceable by operation of law pursuant to s.
   55  61.14(6).
   56         (2) A judgment lien securing the unpaid amount of any fine
   57  described in s. 55.10(8) which is due to the Commission on
   58  Ethics may be acquired by the commission.
   59         (3)(2) A judgment lien may be acquired on a judgment
   60  debtor’s interest in all personal property in this state subject
   61  to execution under s. 56.061, other than fixtures, money,
   62  negotiable instruments, and mortgages.
   63         (a) A judgment lien is acquired by filing a judgment lien
   64  certificate in accordance with s. 55.203 with the Department of
   65  State after the judgment has become final and if the time to
   66  move for rehearing has lapsed, no motion for rehearing is
   67  pending, and no stay of the judgment or its enforcement is then
   68  in effect. A court may authorize, for cause shown, the filing of
   69  a judgment lien certificate before a judgment has become final
   70  when the court has authorized the issuance of a writ of
   71  execution in the same matter. A judgment lien certificate not
   72  filed in compliance with this subsection is permanently void and
   73  of no effect.
   74         (b) For any lien, warrant, assessment, or judgment
   75  collected by the Department of Revenue, a judgment lien may be
   76  acquired by filing the judgment lien certificate information or
   77  warrant with the Department of State in accordance with
   78  subsection (6) (5).
   79         (c) For the unpaid amount of any fine described in s.
   80  55.10(8) which is due to the Commission on Ethics, a judgment
   81  lien may be acquired by filing a copy of the commission’s final
   82  order with the Department of State.
   83         (d)(c) Except as provided in s. 55.208, the effective date
   84  of a judgment lien is the date, including the time of day, of
   85  filing the judgment lien certificate or copy of the final order
   86  of the Commission on Ethics. Although no lien attaches to
   87  property, and a creditor does not become a lien creditor as to
   88  liens under chapter 679, until the debtor acquires an interest
   89  in the property, priority among competing judgment liens is
   90  determined in order of filing date and time.
   91         (e)(d) Except as provided in s. 55.204(3), a judgment
   92  creditor may file only one effective judgment lien certificate
   93  based upon a particular judgment.
   94         (4)(3) Except as otherwise provided in s. 55.208, the
   95  priority of a judgment lien acquired in accordance with this
   96  section or s. 55.204(3) is established at the date and time that
   97  the judgment lien certificate or final order of the Commission
   98  on Ethics is filed.
   99         (5)(4) As used in ss. 55.201-55.209, the terms “holder of a
  100  judgment” and “judgment creditor” include the Department of
  101  Revenue with respect to a judgment being enforced by the
  102  Department of Revenue as the state IV-D agency.
  103         (6)(5) Liens, assessments, warrants, or judgments filed
  104  pursuant to paragraph (3)(b) (2)(b) may be filed directly into
  105  the central database by the Department of Revenue, or its
  106  designee as determined by its executive director, through
  107  electronic or information data exchange programs approved by the
  108  Department of State. Such filings must contain the information
  109  set forth in s. 55.203(1).
  110         Section 3. Subsection (1) of section 55.209, Florida
  111  Statutes, is amended to read:
  112         55.209 Department of State; processing fees,
  113  responsibilities.—
  114         (1) Except for liens, assessments, warrants, or judgments
  115  filed electronically as provided in s. 55.202(3)(b)
  116  55.202(2)(b), the Department of State shall collect the
  117  following nonrefundable processing fees for all documents filed
  118  in accordance with ss. 55.201-55.209:
  119         (a) For any judgment lien certificate or other documents
  120  permitted to be filed, $20.
  121         (b) For the certification of any filed document, $10.
  122         (c) For copies of judgment lien documents which are
  123  produced by the Department of State, $1 per page or part
  124  thereof. However, no charge may be collected for copies provided
  125  in an online electronic format via the Internet.
  126         (d) For indexing a judgment lien by multiple judgment
  127  debtor names, $5 per additional name.
  128         (e) For each additional facing page attached to a judgment
  129  lien certificate or document permitted to be filed, $5.
  130         Section 4. Section 112.3143, Florida Statutes, is amended
  131  to read:
  132         112.3143 Voting conflicts.—
  133         (1) As used in this section, the term:
  134         (a)“Principal by whom retained” means an individual or
  135  entity, other than an agency as defined in s. 112.312(2), that
  136  for compensation, salary, pay, consideration, or similar thing
  137  of value, has permitted or directed another to act for the
  138  individual or entity. The term includes, but is not limited to,
  139  one’s client, employer, or master, or the parent, subsidiary, or
  140  sibling organization of one’s client, employer, or master.
  141         (b)(a) “Public officer” includes any person elected or
  142  appointed to hold office in any agency, including any person
  143  serving on an advisory body.
  144         (c)(b) “Relative” means any father, mother, son, daughter,
  145  husband, wife, brother, sister, father-in-law, mother-in-law,
  146  son-in-law, or daughter-in-law.
  147         (2) A No state public officer holding an elective office is
  148  not prohibited from voting in that an official capacity on any
  149  matter. However, when any state public officer voting in an
  150  official capacity upon any measure that which would inure to the
  151  officer’s special private gain or loss; that which he or she
  152  knows would inure to the special private gain or loss of any
  153  principal by whom the officer is retained or to the parent
  154  organization or subsidiary of a corporate principal by which the
  155  officer is retained; or that which the officer knows would inure
  156  to the special private gain or loss of a relative or business
  157  associate of the public officer, the officer shall, within 15
  158  days after the vote occurs, disclose the nature of all of his or
  159  her interests in the matter, and disclose the nature of all of
  160  the interests of his or her principals, relatives, or business
  161  associates which are known to him or her, his or her interest as
  162  a public record in a memorandum filed with the person
  163  responsible for recording the minutes of the meeting, who shall
  164  incorporate the memorandum in the minutes.
  165         (3)(a)A state public officer holding an appointive
  166  position, and a No county, municipal, or other local public
  167  officer may not shall vote in an official capacity upon any
  168  measure that which would inure to his or her special private
  169  gain or loss; that which he or she knows would inure to the
  170  special private gain or loss of any principal by whom he or she
  171  is retained or to the parent organization or subsidiary of a
  172  corporate principal by which he or she is retained, other than
  173  an agency as defined in s. 112.312(2); or that which he or she
  174  knows would inure to the special private gain or loss of a
  175  relative or business associate of the public officer. Such
  176  public officer shall, before prior to the vote is being taken,
  177  publicly state to the assembly the nature of all of the
  178  officer’s interests, and all of the interests of his or her
  179  principals, relatives, or business associates which are known to
  180  him or her, interest in the matter from which he or she is
  181  abstaining from voting and, within 15 days after the vote
  182  occurs, disclose the nature of all of his or her interests in
  183  the matter, and disclose the nature of all of the interests of
  184  his or her principals, relatives, or business associates which
  185  are known to him or her, his or her interest as a public record
  186  in a memorandum filed with the person responsible for recording
  187  the minutes of the meeting, who shall incorporate the memorandum
  188  in the minutes.
  189         (b) However, a commissioner of a community redevelopment
  190  agency created or designated pursuant to s. 163.356 or s.
  191  163.357, or an officer of an independent special tax district
  192  elected on a one-acre, one-vote basis, is not prohibited from
  193  voting, when voting in said capacity.
  194         (4) A state public officer holding an appointive position,
  195  and a county, municipal, or other local public officer may not
  196  No appointed public officer shall participate in any matter that
  197  which would inure to the officer’s special private gain or loss;
  198  that which the officer knows would inure to the special private
  199  gain or loss of any principal by whom he or she is retained or
  200  to the parent organization or subsidiary of a corporate
  201  principal by which he or she is retained; or that which he or
  202  she knows would inure to the special private gain or loss of a
  203  relative or business associate of the public officer, without
  204  first disclosing the nature of his or her interest in the
  205  matter.
  206         (5) However, a commissioner of a community redevelopment
  207  agency created or designated pursuant to s. 163.356 or s.
  208  163.357, or an officer of an independent special tax district
  209  elected on a one-acre, one-vote basis, is not prohibited from
  210  voting in that capacity, but must make the disclosures provided
  211  for in section (3). In addition, the officer may not participate
  212  in such a measure without first disclosing the nature of his or
  213  her interests and the interests of his or her principal,
  214  relative, or business associate in the matter.
  215         (a) Such disclosure, indicating the nature of the conflict,
  216  shall be made in a written memorandum filed with the person
  217  responsible for recording the minutes of the meeting, prior to
  218  the meeting in which consideration of the matter will take
  219  place, and shall be incorporated into the minutes. Any such
  220  memorandum shall become a public record upon filing, shall
  221  immediately be provided to the other members of the agency, and
  222  shall be read publicly at the next meeting held subsequent to
  223  the filing of this written memorandum.
  224         (b) In the event that disclosure has not been made prior to
  225  the meeting or that any conflict is unknown prior to the
  226  meeting, the disclosure shall be made orally at the meeting when
  227  it becomes known that a conflict exists. A written memorandum
  228  disclosing the nature of the conflict shall then be filed within
  229  15 days after the oral disclosure with the person responsible
  230  for recording the minutes of the meeting and shall be
  231  incorporated into the minutes of the meeting at which the oral
  232  disclosure was made. Any such memorandum shall become a public
  233  record upon filing, shall immediately be provided to the other
  234  members of the agency, and shall be read publicly at the next
  235  meeting held subsequent to the filing of this written
  236  memorandum.
  237         (6)(c) For purposes of this section subsection, the term
  238  “participate” means any attempt to influence the decision by
  239  oral or written communication to any officer, employee, or
  240  member of the agency, whether made by the officer or at the
  241  officer’s direction.
  242         (7)(5) Whenever a public officer or former public officer
  243  is being considered for appointment or reappointment to public
  244  office, the appointing body shall consider the number and nature
  245  of the memoranda of conflict previously filed under this section
  246  by the said officer.
  247         Section 5. Subsections (1), (3), (4), (5), (8), and (11) of
  248  section 112.324, Florida Statutes, are amended to read:
  249         112.324 Procedures on complaints or referrals of
  250  violations; public records and meeting exemptions.—
  251         (1) Upon a written complaint executed on a form prescribed
  252  by the commission and signed under oath or affirmation by any
  253  person, The commission shall investigate any alleged violation
  254  of this part or any other alleged breach of the public trust
  255  within the jurisdiction of the commission as provided in s.
  256  8(f), Art. II of the State Constitution, in accordance with
  257  procedures set forth herein:
  258         (a) Upon receipt of a written complaint executed on a form
  259  prescribed by the commission and signed under oath or
  260  affirmation by any person; or
  261         (b) Upon receipt of a written referral of a possible
  262  violation of this part or other possible breach of the public
  263  trust from the Governor, the Chief Financial Officer, a state
  264  attorney, or the executive director of the Department of Law
  265  Enforcement, which seven members of the commission deem
  266  sufficient to indicate a breach of the public trust.
  267  
  268  Within 5 days after receipt of a complaint by the commission or
  269  within 5 days after determination by the commission that a
  270  referral received is deemed sufficient, a copy shall be
  271  transmitted to the alleged violator.
  272         (3) A preliminary investigation shall be undertaken by the
  273  commission of each legally sufficient complaint or referral over
  274  which the commission has jurisdiction to determine whether there
  275  is probable cause to believe that a violation has occurred. If,
  276  upon completion of the preliminary investigation, the commission
  277  finds no probable cause to believe that this part has been
  278  violated or that any other breach of the public trust has been
  279  committed, the commission shall dismiss the complaint or
  280  proceeding with the issuance of a public report to the
  281  complainant and the alleged violator, stating with particularity
  282  its reasons for dismissal of the complaint. At that time, the
  283  complaint, the proceeding, and all materials relating to the
  284  complaint and proceeding shall become a matter of public record.
  285  If the commission finds from the preliminary investigation
  286  probable cause to believe that this part has been violated or
  287  that any other breach of the public trust has been committed, it
  288  shall so notify the complainant and the alleged violator in
  289  writing. Such notification and all documents made or received in
  290  the disposition of the complaint or proceeding shall then become
  291  public records. Upon request submitted to the commission in
  292  writing, any person who the commission finds probable cause to
  293  believe has violated any provision of this part or has committed
  294  any other breach of the public trust shall be entitled to a
  295  public hearing. Such person shall be deemed to have waived the
  296  right to a public hearing if the request is not received within
  297  14 days after following the mailing of the probable cause
  298  notification required by this subsection. However, the
  299  commission may on its own motion, require a public hearing, may
  300  conduct such further investigation as it deems necessary, and
  301  may enter into such stipulations and settlements as it finds to
  302  be just and in the best interest of the State. The commission is
  303  without jurisdiction to, and no respondent may voluntarily or
  304  involuntarily, enter into a stipulation or settlement which
  305  imposes any penalty, including, but not limited to, a sanction
  306  or admonition or any other penalty contained in s. 112.317.
  307  Penalties shall be imposed only by the appropriate disciplinary
  308  authority as designated in this section.
  309         (4) If, in cases pertaining to members of the Legislature,
  310  upon completion of a full and final investigation by the
  311  commission, the commission finds that there has been a violation
  312  of this part or of any provision of s. 8, Art. II of the State
  313  Constitution, the commission shall forward a copy of the
  314  complaint or referral and its findings by certified mail to the
  315  President of the Senate or the Speaker of the House of
  316  Representatives, whichever is applicable, who shall refer the
  317  matter complaint to the appropriate committee for investigation
  318  and action which shall be governed by the rules of its
  319  respective house. It shall be the duty of the committee to
  320  report its final action upon the matter complaint to the
  321  commission within 90 days after of the date of transmittal to
  322  the respective house. Upon request of the committee, the
  323  commission shall submit a recommendation as to what penalty, if
  324  any, should be imposed. In the case of a member of the
  325  Legislature, the house in which the member serves shall have the
  326  power to invoke the penalty provisions of this part.
  327         (5) If, in cases pertaining to complaints against
  328  impeachable officers, upon completion of a full and final
  329  investigation by the commission, the commission finds that there
  330  has been a violation of this part or of any provision of s. 8,
  331  Art. II of the State Constitution, and the commission finds that
  332  the violation may constitute grounds for impeachment, the
  333  commission shall forward a copy of the complaint or referral and
  334  its findings by certified mail to the Speaker of the House of
  335  Representatives, who shall refer the matter complaint to the
  336  appropriate committee for investigation and action which shall
  337  be governed by the rules of the House of Representatives. It
  338  shall be the duty of the committee to report its final action
  339  upon the matter complaint to the commission within 90 days after
  340  of the date of transmittal.
  341         (8) If, in cases pertaining to complaints other than
  342  complaints against impeachable officers or members of the
  343  Legislature, upon completion of a full and final investigation
  344  by the commission, the commission finds that there has been a
  345  violation of this part or of s. 8, Art. II of the State
  346  Constitution, it shall be the duty of the commission to report
  347  its findings and recommend appropriate action to the proper
  348  disciplinary official or body as follows, and such official or
  349  body shall have the power to invoke the penalty provisions of
  350  this part, including the power to order the appropriate
  351  elections official to remove a candidate from the ballot for a
  352  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
  353  State Constitution:
  354         (a) The President of the Senate and the Speaker of the
  355  House of Representatives, jointly, in any case concerning the
  356  Public Counsel, members of the Public Service Commission,
  357  members of the Public Service Commission Nominating Council, the
  358  Auditor General, or the director of the Office of Program Policy
  359  Analysis and Government Accountability.
  360         (b) The Supreme Court, in any case concerning an employee
  361  of the judicial branch.
  362         (c) The President of the Senate, in any case concerning an
  363  employee of the Senate; the Speaker of the House of
  364  Representatives, in any case concerning an employee of the House
  365  of Representatives; or the President and the Speaker, jointly,
  366  in any case concerning an employee of a committee of the
  367  Legislature whose members are appointed solely by the President
  368  and the Speaker or in any case concerning an employee of the
  369  Public Counsel, Public Service Commission, Auditor General, or
  370  Office of Program Policy Analysis and Government Accountability.
  371         (d) Except as otherwise provided by this part, the
  372  Governor, in the case of any other public officer, public
  373  employee, former public officer or public employee, candidate or
  374  former candidate, or person who is not a public officer or
  375  employee, other than lobbyists and lobbying firms under s.
  376  112.3215 for violations of s. 112.3215.
  377         (e) The President of the Senate or the Speaker of the House
  378  of Representatives, whichever is applicable, in any case
  379  concerning a former member of the Legislature who has violated a
  380  provision applicable to former members or whose violation
  381  occurred while a member of the Legislature.
  382         (11) Notwithstanding the provisions of subsections (1)-(8),
  383  the commission may, at its discretion, dismiss any complaint or
  384  referral at any stage of disposition should it determine that
  385  the public interest would not be served by proceeding further,
  386  in which case the commission shall issue a public report stating
  387  with particularity its reasons for the dismissal.
  388         Section 6. Paragraph (a) of subsection (5) of section
  389  411.01, Florida Statutes, is amended to read:
  390         411.01 School readiness programs; early learning
  391  coalitions.—
  392         (5) CREATION OF EARLY LEARNING COALITIONS.—
  393         (a) Early learning coalitions.—
  394         1. Each early learning coalition shall maintain direct
  395  enhancement services at the local level and ensure access to
  396  such services in all 67 counties.
  397         2. The Office of Early Learning shall establish the minimum
  398  number of children to be served by each early learning coalition
  399  through the coalition’s school readiness program. The office of
  400  Early Learning may only approve school readiness plans in
  401  accordance with this minimum number. The minimum number must be
  402  uniform for every early learning coalition and must:
  403         a. Permit 31 or fewer coalitions to be established; and
  404         b. Require each coalition to serve at least 2,000 children
  405  based upon the average number of all children served per month
  406  through the coalition’s school readiness program during the
  407  previous 12 months.
  408         3. If an early learning coalition would serve fewer
  409  children than the minimum number established under subparagraph
  410  2., the coalition must merge with another county to form a
  411  multicounty coalition. The office of Early Learning shall adopt
  412  procedures for merging early learning coalitions, including
  413  procedures for the consolidation of merging coalitions, and for
  414  the early termination of the terms of coalition members which
  415  are necessary to accomplish the mergers. However, the office of
  416  Early Learning shall grant a waiver to an early learning
  417  coalition to serve fewer children than the minimum number
  418  established under subparagraph 2., if:
  419         a. The office of Early Learning has determined during the
  420  most recent review of the coalition’s school readiness plan, or
  421  through monitoring and performance evaluations conducted under
  422  paragraph (4)(l), that the coalition has substantially
  423  implemented its plan;
  424         b. The coalition demonstrates to the office of Early
  425  Learning the coalition’s ability to effectively and efficiently
  426  implement the Voluntary Prekindergarten Education Program; and
  427         c. The coalition demonstrates to the office of Early
  428  Learning that the coalition can perform its duties in accordance
  429  with law.
  430  
  431  If an early learning coalition fails or refuses to merge as
  432  required by this subparagraph, the office of Early Learning may
  433  dissolve the coalition and temporarily contract with a qualified
  434  entity to continue school readiness and prekindergarten services
  435  in the coalition’s county or multicounty region until the office
  436  reestablishes the coalition and a new school readiness plan is
  437  approved by the office.
  438         4. Each early learning coalition shall be composed of at
  439  least 15 members but not more than 30 members. The office of
  440  Early Learning shall adopt standards establishing within this
  441  range the minimum and maximum number of members that may be
  442  appointed to an early learning coalition and procedures for
  443  identifying which members have voting privileges under
  444  subparagraph 6. These standards must include variations for a
  445  coalition serving a multicounty region. Each early learning
  446  coalition must comply with these standards.
  447         5. The Governor shall appoint the chair and two other
  448  members of each early learning coalition, who must each meet the
  449  same qualifications as private sector business members appointed
  450  by the coalition under subparagraph 7.
  451         6. Each early learning coalition must include the following
  452  member positions; however, in a multicounty coalition, each ex
  453  officio member position may be filled by multiple nonvoting
  454  members but no more than one voting member shall be seated per
  455  member position. If an early learning coalition has more than
  456  one member representing the same entity, only one of such
  457  members may serve as a voting member:
  458         a. A Department of Children and Family Services circuit
  459  administrator or his or her designee who is authorized to make
  460  decisions on behalf of the department.
  461         b. A district superintendent of schools or his or her
  462  designee who is authorized to make decisions on behalf of the
  463  district.
  464         c. A regional workforce board executive director or his or
  465  her designee.
  466         d. A county health department director or his or her
  467  designee.
  468         e. A children’s services council or juvenile welfare board
  469  chair or executive director, if applicable.
  470         f. An agency head of a local licensing agency as defined in
  471  s. 402.302, where applicable.
  472         g. A president of a community college or his or her
  473  designee.
  474         h. One member appointed by a board of county commissioners
  475  or the governing board of a municipality.
  476         i. A central agency administrator, where applicable.
  477         j. A Head Start director.
  478         k. A representative of private for-profit child care
  479  providers, including private for-profit family day care homes.
  480         l. A representative of faith-based child care providers.
  481         m. A representative of programs for children with
  482  disabilities under the federal Individuals with Disabilities
  483  Education Act.
  484         7. Including the members appointed by the Governor under
  485  subparagraph 5., more than one-third of the members of each
  486  early learning coalition must be private sector business members
  487  who do not have, and none of whose relatives as defined in s.
  488  112.3143 has, a substantial financial interest in the design or
  489  delivery of the Voluntary Prekindergarten Education Program
  490  created under part V of chapter 1002 or the coalition’s school
  491  readiness program. To meet this requirement an early learning
  492  coalition must appoint additional members. The office of Early
  493  Learning shall establish criteria for appointing private sector
  494  business members. These criteria must include standards for
  495  determining whether a member or relative has a substantial
  496  financial interest in the design or delivery of the Voluntary
  497  Prekindergarten Education Program or the coalition’s school
  498  readiness program.
  499         8. A majority of the voting membership of an early learning
  500  coalition constitutes a quorum required to conduct the business
  501  of the coalition. An early learning coalition board may use any
  502  method of telecommunications to conduct meetings, including
  503  establishing a quorum through telecommunications if, provided
  504  that the public is given proper notice of a telecommunications
  505  meeting and reasonable access to observe and, when appropriate,
  506  participate.
  507         9. A voting member of an early learning coalition may not
  508  appoint a designee to act in his or her place, except as
  509  otherwise provided in this paragraph. A voting member may send a
  510  representative to coalition meetings, but that representative
  511  does not have voting privileges. If When a district
  512  administrator for the Department of Children and Family Services
  513  appoints a designee to an early learning coalition, the designee
  514  is the voting member of the coalition, and any individual
  515  attending in the designee’s place, including the district
  516  administrator, does not have voting privileges.
  517         10. Each member of an early learning coalition is subject
  518  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  519  112.3143(3) s. 112.3143(3)(a), each voting member is a local
  520  public officer who must abstain from voting when a voting
  521  conflict exists.
  522         11. For purposes of tort liability, each member or employee
  523  of an early learning coalition is shall be governed by s.
  524  768.28.
  525         12. An early learning coalition serving a multicounty
  526  region must include representation from each county.
  527         13. Each early learning coalition shall establish terms for
  528  all appointed members of the coalition. The terms must be
  529  staggered and must be a uniform length that does not exceed 4
  530  years per term. Coalition chairs shall be appointed for 4 years
  531  in conjunction with their membership on the Early Learning
  532  Advisory Council under s. 20.052. Appointed members may serve a
  533  maximum of two consecutive terms. If When a vacancy occurs in an
  534  appointed position, the coalition must advertise the vacancy.
  535         Section 7. This act shall take effect July 1, 2013.