Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 606
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       following:
       
    1         Senate Substitute for Amendment (976080) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 112.3142, Florida Statutes, is amended
    7  to read:
    8         112.3142 Ethics training for specified constitutional
    9  officers and elected municipal officers.—
   10         (1) As used in this section, the term “constitutional
   11  officers” includes the Governor, the Lieutenant Governor, the
   12  Attorney General, the Chief Financial Officer, the Commissioner
   13  of Agriculture, state attorneys, public defenders, sheriffs, tax
   14  collectors, property appraisers, supervisors of elections,
   15  clerks of the circuit court, county commissioners, district
   16  school board members, and superintendents of schools.
   17         (2)(a) All constitutional officers must complete 4 hours of
   18  ethics training each calendar year which annually that
   19  addresses, at a minimum, s. 8, Art. II of the State
   20  Constitution, the Code of Ethics for Public Officers and
   21  Employees, and the public records and public meetings laws of
   22  this state. This requirement may be satisfied by completion of a
   23  continuing legal education class or other continuing
   24  professional education class, seminar, or presentation if the
   25  required subjects are covered.
   26         (b) Beginning January 1, 2015, all elected municipal
   27  officers must complete 4 hours of ethics training each calendar
   28  year which addresses, at a minimum, s. 8, Art. II of the State
   29  Constitution, the Code of Ethics for Public Officers and
   30  Employees, and the public records and public meetings laws of
   31  this state. This requirement may be satisfied by completion of a
   32  continuing legal education class or other continuing
   33  professional education class, seminar, or presentation if the
   34  required subjects are covered.
   35         (c)(b) The commission shall adopt rules establishing
   36  minimum course content for the portion of an ethics training
   37  class which that addresses s. 8, Art. II of the State
   38  Constitution and the Code of Ethics for Public Officers and
   39  Employees.
   40         (d) The Legislature intends that a constitutional officer
   41  or elected municipal officer who is required to complete ethics
   42  training pursuant to this section receive the required training
   43  as close as possible to the date on which he or she assumes
   44  office. A constitutional officer or elected municipal officer
   45  assuming a new office or new term of office on or before March
   46  31 must complete the annual training on or before December 31 of
   47  the year in which the term of office began. A constitutional
   48  officer or elected municipal officer assuming a new office after
   49  March 31 is not required to complete ethics training for the
   50  calendar year in which he or she assumes the new office.
   51         Section 2. Subsection (3) of section 112.322, Florida
   52  Statutes, is amended to read:
   53         112.322 Duties and powers of commission.—
   54         (3)(a) A Every public officer, candidate for public office,
   55  or public employee, when in doubt about the applicability and
   56  interpretation of this part or s. 8, Art. II of the State
   57  Constitution to himself or herself in a particular context, may
   58  submit in writing the facts of the situation to the Commission
   59  on Ethics with a request for an advisory opinion to establish
   60  the standard of public duty. Any public officer or employee who
   61  has the power to hire or terminate employees may likewise seek
   62  an advisory opinion from the commission as to the application of
   63  the provisions of this part or s. 8, Art. II of the State
   64  Constitution to any such employee or applicant for employment.
   65  The commission may provide an informal advisory opinion or a
   66  formal advisory opinion. If a formal An advisory opinion is
   67  shall be rendered by the commission, and each such opinion must
   68  shall be numbered, dated, and published without naming the
   69  person making the request, unless such person consents to the
   70  use of his or her name.
   71         (b) If the executive director determines that sufficient
   72  legal or formal advisory opinion precedent exists to establish
   73  the standard of public duty, the executive director must provide
   74  the requestor with a written informal advisory opinion
   75  containing the requested guidance. The commission must render an
   76  informal advisory opinion within 10 business days after receipt
   77  of the request, unless the executive director determines that
   78  good cause exists for a reasonable extension of time.
   79         (c) If insufficient precedent exists, or if there is
   80  substantial concern that the commission would render an opinion
   81  differing from that stated in applicable opinions or legal
   82  precedent under the material facts presented, commission staff
   83  shall prepare a draft formal opinion of the commission. The
   84  commission must address the draft formal opinion request at the
   85  next scheduled commission meeting, unless good cause exists for
   86  a reasonable extension of time.
   87         (d)(b)An informal or formal advisory Such opinion, until
   88  amended or revoked, shall be binding on the conduct of the
   89  officer, employee, or candidate who sought the opinion or with
   90  reference to whom the opinion was sought, unless material facts
   91  were omitted or misstated in the request for the advisory
   92  opinion, or have subsequently changed. If the material facts do
   93  not differ from those contained in the request, and the
   94  requestor has complied with the guidance provided by the
   95  commission or the executive director, the commission shall
   96  dismiss any complaint alleging that the conduct that is the
   97  subject of the formal or informal advisory opinion violated this
   98  part or s. 8, Art. II of the State Constitution.
   99         Section 3. Section 112.326, Florida Statutes, is amended to
  100  read:
  101         112.326 Additional requirements by political subdivisions
  102  and agencies not prohibited.—
  103         (1)A political subdivision or agency is prohibited from
  104  imposing a standard of conduct identical to a standard contained
  105  in this part. This part does not prohibit the electors or
  106  Nothing in this act shall prohibit the governing body of a any
  107  political subdivision, by charter or ordinance, or agency, by
  108  rule, from imposing upon its own officers and employees
  109  additional or more stringent standards of conduct and disclosure
  110  requirements than those specified in this part, if provided that
  111  those standards of conduct and disclosure requirements do not
  112  otherwise conflict with the provisions of this part.
  113         (2) A political subdivision is prohibited from imposing
  114  additional or more stringent standards of conduct and disclosure
  115  requirements upon the public officers and employees of another
  116  political subdivision, unless the imposition of such standards
  117  and requirements are approved by a majority of the electors in
  118  the political subdivision voting upon the measure. This
  119  subsection does not apply to a political subdivision that has
  120  imposed additional or more stringent standards of conduct and
  121  disclosure requirements upon the public officers and employees
  122  of another political subdivision on or before March 1, 2014, and
  123  such a political subdivision may impose further additional or
  124  more stringent standards of conduct and disclosure requirements
  125  upon the public officers or employees of another political
  126  subdivision as authorized by law.
  127         Section 4. Section 286.012, Florida Statutes, is amended to
  128  read:
  129         286.012 Voting requirement at meetings of governmental
  130  bodies.—A No member of any state, county, or municipal
  131  governmental board, commission, or agency who is present at any
  132  meeting of any such body at which an official decision, ruling,
  133  or other official act is to be taken or adopted may not abstain
  134  from voting in regard to any such decision, ruling, or act; and
  135  a vote shall be recorded or counted for each such member
  136  present, unless except when, with respect to any such member,
  137  there is, or appears to be, a possible conflict of interest
  138  under the provisions of s. 112.311, s. 112.313, or s. 112.3143,
  139  or additional or more stringent standards of conduct, if any,
  140  adopted pursuant to s. 112.326. If there is, or appears to be, a
  141  possible conflict under s. 112.311, s. 112.313, or s. 112.3143,
  142  the member shall comply with the disclosure requirements of s.
  143  112.3143. If the only conflict or possible conflict is one
  144  arising from the additional or more stringent standards adopted
  145  pursuant to s. 112.326, the member shall comply with any
  146  disclosure requirements adopted pursuant to s. 112.326. If the
  147  official decision, ruling, or act occurs in the context of a
  148  quasi-judicial proceeding, a member may abstain from voting on
  149  such matter if the abstention is to assure a fair proceeding
  150  free from potential bias or prejudice In such cases, said member
  151  shall comply with the disclosure requirements of s. 112.3143.
  152         Section 5. This act shall take effect July 1, 2014
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155  And the title is amended as follows:
  156         Delete everything before the enacting clause
  157  and insert:
  158                        A bill to be entitled                      
  159         An act relating to governmental ethics; amending s.
  160         112.3142, F.S.; requiring elected municipal officers
  161         to complete annual ethics training; providing
  162         legislative intent; amending s. 112.322, F.S.;
  163         revising the duties and powers of the Commission on
  164         Ethics; specifying the circumstances in which the
  165         commission may render an informal or formal advisory
  166         opinion; amending s. 112.326, F.S.; prohibiting a
  167         political subdivision or agency from imposing a
  168         standard of conduct identical to a standard in the
  169         Code of Ethics for Public Officers and Employees;
  170         prohibiting a political subdivision or agency from
  171         imposing additional standards of conduct upon the
  172         public officers and employees of another political
  173         subdivision; providing exceptions; amending s.
  174         286.012, F.S.; revising disclosure requirements with
  175         respect to a voting abstention at a meeting of a
  176         governmental body; authorizing a member to abstain
  177         from voting on a decision, ruling, or act in a quasi
  178         judicial proceeding under certain circumstances;
  179         providing an effective date.