CS for CS for CS for SB 846                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014846e1
       
    1                        A bill to be entitled                      
    2         An act relating to governmental ethics; amending ss.
    3         11.045 and 112.3215, F.S.; defining the term “local
    4         officer”; prohibiting a local officer from registering
    5         to lobby the Legislature or an agency on behalf of
    6         another person or entity other than his or her
    7         political subdivision; authorizing a local officer to
    8         be employed by or contracted with a lobbying firm
    9         under certain circumstances; providing for
   10         applicability; amending s. 28.35, F.S.; specifying the
   11         applicability of certain provisions of the Code of
   12         Ethics for Public Officers and Employees to members of
   13         the executive council of the Florida Clerks of Court
   14         Operations Corporation; amending s. 112.3142, F.S.;
   15         requiring elected municipal officers to participate in
   16         annual ethics training; providing legislative intent;
   17         amending s. 112.3144, F.S.; requiring an officer
   18         required to participate in annual ethics training to
   19         certify participation on his or her full and public
   20         disclosure of financial interests; revising the
   21         conditions under which a qualifying officer forwards a
   22         full and public disclosure of financial interests to
   23         the Commission on Ethics; authorizing the Commission
   24         on Ethics to initiate an investigation and hold a
   25         public hearing without receipt of a complaint in
   26         certain circumstances; requiring the commission to
   27         enter an order recommending removal of an officer or
   28         public employee from public office or public
   29         employment in certain circumstances; prohibiting the
   30         commission from taking action on a complaint alleging
   31         certain errors or omissions on a disclosure; providing
   32         that failure to certify completion of annual ethics
   33         training on a disclosure does not constitute an
   34         immaterial, inconsequential, or de minimis error or
   35         omission; amending s. 112.3145, F.S.; requiring an
   36         officer required to participate in annual ethics
   37         training to certify participation on his or her
   38         statement of financial interests; authorizing the
   39         Commission on Ethics to initiate an investigation and
   40         hold a public hearing without receipt of a complaint
   41         in certain circumstances; requiring the commission to
   42         enter an order to remove an officer or public employee
   43         from public office or public employment in certain
   44         circumstances; prohibiting the commission from taking
   45         action on a complaint alleging certain errors or
   46         omissions on a statement; providing that failure to
   47         certify completion of annual ethics training on a
   48         statement does not constitute an immaterial,
   49         inconsequential, or de minimis error or omission;
   50         amending s. 112.31455, F.S.; authorizing the Chief
   51         Financial Officer or governing body to withhold the
   52         entire amount of a fine owed and related
   53         administrative costs from salary-related payments of
   54         certain individuals; authorizing the Chief Financial
   55         Officer or governing body to reduce the amount
   56         withheld if an individual can demonstrate a hardship;
   57         creating s. 112.31456, F.S.; authorizing the
   58         commission to seek wage garnishment of certain
   59         individuals to satisfy unpaid fines; authorizing the
   60         commission to refer unpaid fines to a collection
   61         agency; establishing a statute of limitations with
   62         respect to the collection of an unpaid fine; creating
   63         s. 112.3251, F.S.; requiring citizen support and
   64         direct-support organizations to adopt a code of
   65         ethics; establishing minimum requirements for a code
   66         of ethics; creating s. 112.3261, F.S.; defining terms;
   67         prohibiting a person from lobbying a governmental
   68         entity until registering; establishing registration
   69         requirements; requiring public availability of
   70         lobbyist registrations; establishing procedures for
   71         termination of a lobbyist’s registration; authorizing
   72         a governmental entity to establish a registration fee;
   73         requiring a governmental entity to monitor compliance
   74         with registration requirements; requiring the
   75         commission to investigate a lobbyist or principal upon
   76         receipt of a sworn complaint containing certain
   77         allegations; requiring the commission to provide the
   78         Governor with a report on the findings and
   79         recommendations resulting from the investigation;
   80         authorizing the Governor to enforce the commission’s
   81         findings and recommendations; amending s. 286.012,
   82         F.S.; revising disclosure requirements with respect to
   83         a voting abstention at a meeting of a governmental
   84         body; authorizing a member to abstain from voting on a
   85         decision, ruling, or act in a quasi-judicial
   86         proceeding under certain circumstances; amending s.
   87         288.901, F.S.; specifying the applicability of certain
   88         provisions of the Code of Ethics for Public Officers
   89         and Employees to the president, senior managers, and
   90         members of the board of directors of Enterprise
   91         Florida, Inc.; prohibiting the president, senior
   92         managers, and board members from representing a person
   93         or entity before the corporation for a specified
   94         timeframe; amending s. 288.92, F.S.; specifying the
   95         applicability of certain provisions of the Code of
   96         Ethics for Public Officers and Employees to certain
   97         officers and board members associated with the
   98         divisions of Enterprise Florida, Inc.; prohibiting
   99         such officers and members from representing a person
  100         or entity for compensation before Enterprise Florida,
  101         Inc., for a specified timeframe; amending s. 288.9604,
  102         F.S.; specifying the applicability of certain
  103         provisions of the Code of Ethics for Public Officers
  104         and Employees to the board of directors of the Florida
  105         Development Finance Corporation; amending s. 627.351,
  106         F.S.; specifying the applicability of certain
  107         provisions of the Code of Ethics for Public Officers
  108         and Employees to the executive director of Citizens
  109         Property Insurance Corporation; prohibiting a former
  110         executive director, senior manager, or member of the
  111         board of governors of the corporation from
  112         representing another person or entity before the
  113         corporation for a specified timeframe; prohibiting a
  114         former executive director, senior manager, or member
  115         of the board of governors from entering employment or
  116         a contractual relationship for a specified timeframe
  117         with certain insurers; amending ss. 11.0455 and
  118         112.32155, F.S.; conforming cross-references to
  119         changes made by the act; providing an effective date.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Subsection (1) of section 11.045, Florida
  124  Statutes, is amended, present subsections (2) through (9) of
  125  that section are renumbered as subsections (3) through (10),
  126  respectively, a new subsection (2) is added to that section, and
  127  present subsections (8) and (9) of that section are amended, to
  128  read:
  129         11.045 Lobbying before the Legislature; registration and
  130  reporting; exemptions; penalties.—
  131         (1) As used in this section, unless the context otherwise
  132  requires:
  133         (a) “Committee” means the committee of each house charged
  134  by the presiding officer with responsibility for ethical conduct
  135  of lobbyists.
  136         (b) “Compensation” means a payment, distribution, loan,
  137  advance, reimbursement, deposit, salary, fee, retainer, or
  138  anything of value provided or owed to a lobbying firm, directly
  139  or indirectly, by a principal for any lobbying activity.
  140         (c) “Expenditure” means a payment, distribution, loan,
  141  advance, reimbursement, deposit, or anything of value made by a
  142  lobbyist or principal for the purpose of lobbying. The term does
  143  not include contributions or expenditures reported pursuant to
  144  chapter 106 or federal election law, campaign-related personal
  145  services provided without compensation by individuals
  146  volunteering their time, any other contribution or expenditure
  147  made by or to a political party or affiliated party committee,
  148  or any other contribution or expenditure made by an organization
  149  that is exempt from taxation under 26 U.S.C. s. 527 or s.
  150  501(c)(4).
  151         (d) “Legislative action” means introduction, sponsorship,
  152  testimony, debate, voting, or any other official action on any
  153  measure, resolution, amendment, nomination, appointment, or
  154  report of, or any matter that may be the subject of action by,
  155  either house of the Legislature or any committee thereof.
  156         (e) “Lobbying” means influencing or attempting to influence
  157  legislative action or nonaction through oral or written
  158  communication or an attempt to obtain the goodwill of a member
  159  or employee of the Legislature.
  160         (f) “Lobbying firm” means any business entity, including an
  161  individual contract lobbyist, which receives or becomes entitled
  162  to receive any compensation for the purpose of lobbying, where
  163  any partner, owner, officer, or employee of the business entity
  164  is a lobbyist.
  165         (g) “Lobbyist” means a person who is employed and receives
  166  payment, or who contracts for economic consideration, for the
  167  purpose of lobbying, or a person who is principally employed for
  168  governmental affairs by another person or governmental entity to
  169  lobby on behalf of that other person or governmental entity.
  170         (h) “Local officer” means a state attorney, public
  171  defender, sheriff, tax collector, property appraiser, supervisor
  172  of elections, clerk of the circuit court, county commissioner,
  173  district school board member, or superintendent of schools.
  174         (i)(h) “Office” means the Office of Legislative Services.
  175         (j)(i) “Principal” means the person, firm, corporation, or
  176  other entity which has employed or retained a lobbyist.
  177         (2) A local officer may not register as a lobbyist for the
  178  purpose of lobbying the Legislature on behalf of a person or
  179  entity other than his or her political subdivision. This
  180  subsection does not prohibit a local officer from being employed
  181  by, or contracting with, a lobbying firm if he or she does not
  182  personally represent clients before the Legislature.
  183         (9)(8) Any person required to be registered or to provide
  184  information pursuant to this section or pursuant to rules
  185  established in conformity with this section who knowingly fails
  186  to disclose any material fact required by this section or by
  187  rules established in conformity with this section, or who
  188  knowingly provides false information on any report required by
  189  this section or by rules established in conformity with this
  190  section, commits a noncriminal infraction, punishable by a fine
  191  not to exceed $5,000. Such penalty shall be in addition to any
  192  other penalty assessed by a house of the Legislature pursuant to
  193  subsection (8) (7).
  194         (10)(9) There is hereby created the Legislative Lobbyist
  195  Registration Trust Fund, to be used for the purpose of funding
  196  any office established for the administration of the
  197  registration of lobbyists lobbying the Legislature, including
  198  the payment of salaries and other expenses, and for the purpose
  199  of paying the expenses incurred by the Legislature in providing
  200  services to lobbyists. The trust fund is not subject to the
  201  service charge to general revenue provisions of chapter 215.
  202  Fees collected pursuant to rules established in accordance with
  203  subsection (3) (2) shall be deposited into the Legislative
  204  Lobbyist Registration Trust Fund.
  205         Section 2. Subsection (1) of section 112.3215, Florida
  206  Statutes, is amended, present subsections (3) through (15) of
  207  that section are renumbered as subsections (4) through (16),
  208  respectively, a new subsection (3) is added to that section, and
  209  present subsection (11) of that section is amended, to read:
  210         112.3215 Lobbying before the executive branch or the
  211  Constitution Revision Commission; registration and reporting;
  212  investigation by commission.—
  213         (1) For the purposes of this section:
  214         (a) “Agency” means the Governor, the Governor and Cabinet,
  215  or any department, division, bureau, board, commission, or
  216  authority of the executive branch. In addition, “agency” shall
  217  mean the Constitution Revision Commission as provided by s. 2,
  218  Art. XI of the State Constitution.
  219         (b) “Agency official” or “employee” means any individual
  220  who is required by law to file full or limited public disclosure
  221  of his or her financial interests.
  222         (c) “Compensation” means a payment, distribution, loan,
  223  advance, reimbursement, deposit, salary, fee, retainer, or
  224  anything of value provided or owed to a lobbying firm, directly
  225  or indirectly, by a principal for any lobbying activity.
  226         (d) “Expenditure” means a payment, distribution, loan,
  227  advance, reimbursement, deposit, or anything of value made by a
  228  lobbyist or principal for the purpose of lobbying. The term
  229  “expenditure” does not include contributions or expenditures
  230  reported pursuant to chapter 106 or contributions or
  231  expenditures reported pursuant to federal election law,
  232  campaign-related personal services provided without compensation
  233  by individuals volunteering their time, any other contribution
  234  or expenditure made by or to a political party or an affiliated
  235  party committee, or any other contribution or expenditure made
  236  by an organization that is exempt from taxation under 26 U.S.C.
  237  s. 527 or s. 501(c)(4).
  238         (e) “Fund” means the Executive Branch Lobby Registration
  239  Trust Fund.
  240         (f) “Lobbies” means seeking, on behalf of another person,
  241  to influence an agency with respect to a decision of the agency
  242  in the area of policy or procurement or an attempt to obtain the
  243  goodwill of an agency official or employee. “Lobbies” also means
  244  influencing or attempting to influence, on behalf of another,
  245  the Constitution Revision Commission’s action or nonaction
  246  through oral or written communication or an attempt to obtain
  247  the goodwill of a member or employee of the Constitution
  248  Revision Commission.
  249         (g) “Lobbying firm” means a business entity, including an
  250  individual contract lobbyist, that receives or becomes entitled
  251  to receive any compensation for the purpose of lobbying, where
  252  any partner, owner, officer, or employee of the business entity
  253  is a lobbyist.
  254         (h) “Lobbyist” means a person who is employed and receives
  255  payment, or who contracts for economic consideration, for the
  256  purpose of lobbying, or a person who is principally employed for
  257  governmental affairs by another person or governmental entity to
  258  lobby on behalf of that other person or governmental entity.
  259  “Lobbyist” does not include a person who is:
  260         1. An attorney, or any person, who represents a client in a
  261  judicial proceeding or in a formal administrative proceeding
  262  conducted pursuant to chapter 120 or any other formal hearing
  263  before an agency, board, commission, or authority of this state.
  264         2. An employee of an agency or of a legislative or judicial
  265  branch entity acting in the normal course of his or her duties.
  266         3. A confidential informant who is providing, or wishes to
  267  provide, confidential information to be used for law enforcement
  268  purposes.
  269         4. A person who lobbies to procure a contract pursuant to
  270  chapter 287 which contract is less than the threshold for
  271  CATEGORY ONE as provided in s. 287.017.
  272         (i) “Local officer” means a state attorney, public
  273  defender, sheriff, tax collector, property appraiser, supervisor
  274  of elections, clerk of the circuit court, county commissioner,
  275  district school board member, or superintendent of schools.
  276         (j)(i) “Principal” means the person, firm, corporation, or
  277  other entity which has employed or retained a lobbyist.
  278         (3) A local officer may not register as a lobbyist for the
  279  purpose of lobbying an agency on behalf of a person or entity
  280  other than his or her political subdivision. This subsection
  281  does not prohibit a local officer from being employed by, or
  282  contracting with, a lobbying firm if he or she does not
  283  personally represent clients before an agency.
  284         (12)(11) Any person who is required to be registered or to
  285  provide information under this section or under rules adopted
  286  pursuant to this section and who knowingly fails to disclose any
  287  material fact that is required by this section or by rules
  288  adopted pursuant to this section, or who knowingly provides
  289  false information on any report required by this section or by
  290  rules adopted pursuant to this section, commits a noncriminal
  291  infraction, punishable by a fine not to exceed $5,000. Such
  292  penalty is in addition to any other penalty assessed by the
  293  Governor and Cabinet pursuant to subsection (11) (10).
  294         Section 3. The amendments made by this act to ss. 11.045
  295  and 112.3215, Florida Statutes, do not apply to a local officer
  296  for the duration of his or her current term of office as of the
  297  effective date of this act. The amendments made by this act to
  298  ss. 11.045 and 112.3215, Florida Statutes, shall apply to a
  299  local officer beginning a new term of office or appointed to
  300  fill an unexpired term after the effective date of this act.
  301         Section 4. Paragraph (b) of subsection (1) of section
  302  28.35, Florida Statutes, is amended to read:
  303         28.35 Florida Clerks of Court Operations Corporation.—
  304         (1)
  305         (b)1. The executive council shall be composed of eight
  306  clerks of the court elected by the clerks of the courts for a
  307  term of 2 years, with two clerks from counties with a population
  308  of fewer than 100,000, two clerks from counties with a
  309  population of at least 100,000 but fewer than 500,000, two
  310  clerks from counties with a population of at least 500,000 but
  311  fewer than 1 million, and two clerks from counties with a
  312  population of more than 1 million or more. The executive council
  313  shall also include, as ex officio members, a designee of the
  314  President of the Senate and a designee of the Speaker of the
  315  House of Representatives. The Chief Justice of the Supreme Court
  316  shall designate one additional member to represent the state
  317  courts system.
  318         2. The Legislature determines that it is in the public
  319  interest that a member of the executive council of the
  320  corporation be subject to the requirements of ss. 112.313,
  321  112.3135, and 112.3143(2). Notwithstanding that the council
  322  members are not public officers or employees, for purposes of
  323  the application of ss. 112.313, 112.3135, and 112.3143(2) to the
  324  activities of the council members, the council members shall be
  325  considered public officers or employees, and the corporation
  326  shall be considered their agency.
  327         3. A member of the executive council of the corporation may
  328  not represent another person or entity for compensation before
  329  the corporation for a period of 2 years following his or her
  330  service on the executive council.
  331         Section 5. Section 112.3142, Florida Statutes, is amended
  332  to read:
  333         112.3142 Ethics training for specified constitutional
  334  officers and elected municipal officers.—
  335         (1) As used in this section, the term “constitutional
  336  officers” includes the Governor, the Lieutenant Governor, the
  337  Attorney General, the Chief Financial Officer, the Commissioner
  338  of Agriculture, state attorneys, public defenders, sheriffs, tax
  339  collectors, property appraisers, supervisors of elections,
  340  clerks of the circuit court, county commissioners, district
  341  school board members, and superintendents of schools.
  342         (2)(a) All constitutional officers must complete 4 hours of
  343  ethics training each calendar year which annually that
  344  addresses, at a minimum, s. 8, Art. II of the State
  345  Constitution, the Code of Ethics for Public Officers and
  346  Employees, and the public records and public meetings laws of
  347  this state. This requirement may be satisfied by completion of a
  348  continuing legal education class or other continuing
  349  professional education class, seminar, or presentation if the
  350  required subjects are covered.
  351         (b) Beginning January 1, 2015, all elected municipal
  352  officers must complete 4 hours of ethics training each calendar
  353  year which addresses, at a minimum, s. 8, Art. II of the State
  354  Constitution, the Code of Ethics for Public Officers and
  355  Employees, and the public records and public meetings laws of
  356  this state. This requirement may be satisfied by completion of a
  357  continuing legal education class or other continuing
  358  professional education class, seminar, or presentation if the
  359  required subjects are covered.
  360         (c)(b) The commission shall adopt rules establishing
  361  minimum course content for the portion of an ethics training
  362  class which that addresses s. 8, Art. II of the State
  363  Constitution and the Code of Ethics for Public Officers and
  364  Employees.
  365         (d) The Legislature intends that a constitutional officer
  366  or elected municipal officer who is required to complete ethics
  367  training pursuant to this section receive the required training
  368  as close as possible to the date that he or she assumes office.
  369  A constitutional officer or elected municipal officer assuming a
  370  new office or new term of office on or before March 31 must
  371  complete the annual training on or before December 31 of the
  372  year in which the term of office began. A constitutional officer
  373  or elected municipal officer assuming a new office or new term
  374  of office after March 31 is not required to complete ethics
  375  training for the calendar year in which the term of office
  376  began.
  377         (3) Each house of the Legislature shall provide for ethics
  378  training pursuant to its rules.
  379         Section 6. Subsections (1) and (2), paragraph (g) of
  380  subsection (5), and paragraphs (a) and (c) of present subsection
  381  (7) of section 112.3144, Florida Statutes, are amended, present
  382  subsections (6) through (9) of that section are redesignated as
  383  subsections (7) through (10), respectively, and a new subsection
  384  (6) is added to that section, to read:
  385         112.3144 Full and public disclosure of financial
  386  interests.—
  387         (1) An officer who is required by s. 8, Art. II of the
  388  State Constitution to file a full and public disclosure of his
  389  or her financial interests for any calendar or fiscal year shall
  390  file that disclosure with the Florida Commission on Ethics.
  391  Additionally, beginning January 1, 2015, an officer who is
  392  required to complete annual ethics training pursuant to s.
  393  112.3142 must certify on his or her full and public disclosure
  394  of financial interests that he or she has completed the required
  395  training.
  396         (2) A person who is required, pursuant to s. 8, Art. II of
  397  the State Constitution, to file a full and public disclosure of
  398  financial interests and who has filed a full and public
  399  disclosure of financial interests for any calendar or fiscal
  400  year shall not be required to file a statement of financial
  401  interests pursuant to s. 112.3145(2) and (3) for the same year
  402  or for any part thereof notwithstanding any requirement of this
  403  part. If an incumbent in an elective office has filed the full
  404  and public disclosure of financial interests to qualify for
  405  election to the same office or if When a candidate has qualified
  406  for office holds another office subject to the annual filing
  407  requirement, the qualifying officer shall forward an electronic
  408  copy of the full and public disclosure of financial interests to
  409  the commission no later than July 1. The electronic copy of the
  410  full and public disclosure of financial interests satisfies the
  411  annual disclosure requirement of this section. A candidate who
  412  does not qualify until after the annual full and public
  413  disclosure of financial interests has been filed pursuant to
  414  this section shall file a copy of his or her disclosure with the
  415  officer before whom he or she qualifies.
  416         (5) Forms for compliance with the full and public
  417  disclosure requirements of s. 8, Art. II of the State
  418  Constitution shall be created by the Commission on Ethics. The
  419  commission shall give notice of disclosure deadlines and
  420  delinquencies and distribute forms in the following manner:
  421         (g) The notification requirements and fines of this
  422  subsection do not apply to candidates or to the first filing
  423  required of any person appointed to elective constitutional
  424  office or other position required to file full and public
  425  disclosure, unless the person’s name is on the commission’s
  426  notification list and the person received notification from the
  427  commission. The appointing official shall notify such newly
  428  appointed person of the obligation to file full and public
  429  disclosure by July 1. The notification requirements and fines of
  430  this subsection do not apply to the final filing provided for in
  431  subsection (7)(6).
  432         (6) If a person holding public office or public employment
  433  fails or refuses to file a full and public disclosure of
  434  financial interests for any year in which the person received
  435  notice from the commission regarding the failure to file and has
  436  accrued the maximum automatic fine authorized under this
  437  section, regardless of whether the fine imposed was paid or
  438  collected, the commission may initiate an investigation and
  439  conduct a public hearing without receipt of a complaint to
  440  determine whether the person’s failure to file is willful. Such
  441  investigation and hearing must be conducted in accordance with
  442  s. 112.324. Except as provided in s. 112.324(4), if the
  443  commission determines that the person willfully failed to file a
  444  full and public disclosure of financial interests, the
  445  commission shall enter an order recommending that the officer or
  446  employee be removed from his or her public office or public
  447  employment.
  448         (8)(7)(a) The commission shall treat an amended full and
  449  public disclosure of financial interests which that is filed
  450  before prior to September 1 of the current year in which the
  451  disclosure is due as the original filing, regardless of whether
  452  a complaint has been filed. If a complaint pertaining to the
  453  current year alleges a failure to properly and accurately
  454  disclose any information required by this section or if a
  455  complaint filed pertaining to a previous reporting period within
  456  the preceding 5 years alleges a failure to properly and
  457  accurately disclose any information required to be disclosed by
  458  this section, the commission may immediately follow complaint
  459  procedures in s. 112.324. However, If a complaint filed after
  460  August 25 alleges only an immaterial, inconsequential, or de
  461  minimis error or omission, the commission may not take any
  462  action on the complaint, other than notifying the filer of the
  463  complaint. The filer must be given 30 days to file an amended
  464  full and public disclosure of financial interests correcting any
  465  errors. If the filer does not file an amended full and public
  466  disclosure of financial interests within 30 days after the
  467  commission sends notice of the complaint, the commission may
  468  continue with proceedings pursuant to s. 112.324.
  469         (c) For purposes of this section, an error or omission is
  470  immaterial, inconsequential, or de minimis if the original
  471  filing provided sufficient information for the public to
  472  identify potential conflicts of interest. However, failure to
  473  certify completion of annual ethics training required under s.
  474  112.3142 does not constitute an immaterial, inconsequential, or
  475  de minimis error or omission.
  476         Section 7. Present subsections (4) through (11) of section
  477  112.3145, Florida Statutes, are redesignated as subsections (5)
  478  through (12), respectively, a new subsection (4) is added to
  479  that section, paragraph (c) is added to present subsection (7)
  480  of that section, and paragraphs (a) and (c) of present
  481  subsection (9) of that section are amended, to read:
  482         112.3145 Disclosure of financial interests and clients
  483  represented before agencies.—
  484         (4) Beginning January 1, 2015, an officer who is required
  485  to complete annual ethics training pursuant to s. 112.3142 must
  486  certify on his or her statement of financial interests that he
  487  or she has completed the required training.
  488         (8)(7)
  489         (c) If a person holding public office or public employment
  490  fails or refuses to file an annual statement of financial
  491  interests for any year in which the person received notice from
  492  the commission regarding the failure to file and has accrued the
  493  maximum automatic fine authorized under this section, regardless
  494  of whether the fine imposed was paid or collected, the
  495  commission may initiate an investigation and conduct a public
  496  hearing without receipt of a complaint to determine whether the
  497  person’s failure to file is willful. Such investigation and
  498  hearing must be conducted in accordance with s. 112.324. Except
  499  as provided in s. 112.324(4), if the commission determines that
  500  the person willfully failed to file a statement of financial
  501  interests, the commission shall enter an order recommending that
  502  the officer or employee be removed from his or her public office
  503  or public employment.
  504         (10)(9)(a) The commission shall treat an amended annual
  505  statement of financial interests which that is filed before
  506  prior to September 1 of the current year in which the statement
  507  is due as the original filing, regardless of whether a complaint
  508  has been filed. If a complaint pertaining to the current year
  509  alleges a failure to properly and accurately disclose any
  510  information required by this section or if a complaint filed
  511  pertaining to a previous reporting period within the preceding 5
  512  years alleges a failure to properly and accurately disclose any
  513  information required to be disclosed by this section, the
  514  commission may immediately follow complaint procedures in s.
  515  112.324. However, If a complaint filed after August 25 alleges
  516  only an immaterial, inconsequential, or de minimis error or
  517  omission, the commission may not take any action on the
  518  complaint, other than notifying the filer of the complaint. The
  519  filer must be given 30 days to file an amended statement of
  520  financial interests correcting any errors. If the filer does not
  521  file an amended statement of financial interests within 30 days
  522  after the commission sends notice of the complaint, the
  523  commission may continue with proceedings pursuant to s. 112.324.
  524         (c) For purposes of this section, an error or omission is
  525  immaterial, inconsequential, or de minimis if the original
  526  filing provided sufficient information for the public to
  527  identify potential conflicts of interest. However, failure to
  528  certify completion of annual ethics training required under s.
  529  112.3142 does not constitute an immaterial, inconsequential, or
  530  de minimis error or omission.
  531         Section 8. Section 112.31455, Florida Statutes, is amended
  532  to read:
  533         112.31455 Withholding of public salary-related payments
  534  Collection methods for unpaid automatic fines for failure to
  535  timely file disclosure of financial interests.—
  536         (1) Before referring any unpaid fine accrued pursuant to s.
  537  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  538  of Financial Services, the commission shall attempt to determine
  539  whether the individual owing such a fine is a current public
  540  officer or current public employee. If so, the commission may
  541  notify the Chief Financial Officer or the governing body of the
  542  appropriate county, municipality, or special district of the
  543  total amount of any fine owed to the commission by such
  544  individual.
  545         (a) After receipt and verification of the notice from the
  546  commission, the Chief Financial Officer or the governing body of
  547  the county, municipality, or special district shall withhold the
  548  entire amount of any fine owed, and any administrative costs
  549  incurred, from the individual’s next salary-related payment. If
  550  the fine exceeds the amount of the next salary-related payment,
  551  all salary-related payments must be withheld until the fine and
  552  administrative costs are paid in full begin withholding the
  553  lesser of 10 percent or the maximum amount allowed under federal
  554  law from any salary-related payment. The withheld payments shall
  555  be remitted to the commission until the fine is satisfied.
  556         (b) The Chief Financial Officer or the governing body of
  557  the county, municipality, or special district may retain an
  558  amount of each withheld payment, as provided in s. 77.0305, to
  559  cover the administrative costs incurred under this section.
  560         (c) If a current public officer or current public employee
  561  demonstrates to the Chief Financial Officer or the governing
  562  body responsible for paying him or her that the public salary is
  563  his or her primary source of income and that withholding the
  564  full amount of any fine owed from a salary-related payment would
  565  present an undue hardship, the amount withheld from a public
  566  salary may be reduced to not less than 10 percent of the salary
  567  related payment.
  568         (2) If the commission determines that the individual who is
  569  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  570  or s. 112.3145(6) is no longer a public officer or public
  571  employee or if the commission is unable to determine whether the
  572  individual is a current public officer or public employee, the
  573  commission may, 6 months after the order becomes final, seek
  574  garnishment of any wages to satisfy the amount of the fine, or
  575  any unpaid portion thereof, pursuant to chapter 77. Upon
  576  recording the order imposing the fine with the clerk of the
  577  circuit court, the order shall be deemed a judgment for purposes
  578  of garnishment pursuant to chapter 77.
  579         (2)(3) The commission may refer unpaid fines to the
  580  appropriate collection agency, as directed by the Chief
  581  Financial Officer, to utilize any collection methods provided by
  582  law. Except as expressly limited by this section, any other
  583  collection methods authorized by law are allowed.
  584         (3)(4) Action may be taken to collect any unpaid fine
  585  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  586  date the final order is rendered.
  587         Section 9. Section 112.31456, Florida Statutes, is created
  588  to read:
  589         112.31456 Garnishment of wages for unpaid automatic fines
  590  for failure to timely file disclosure of financial interests.—
  591         (1) Before referring any unpaid fine accrued pursuant to s.
  592  112.3144(5) or s. 112.3145(7) to the Department of Financial
  593  Services, the commission shall attempt to determine whether the
  594  individual owing such fine is a current public officer or
  595  current public employee. If the commission determines that an
  596  individual who is the subject of an unpaid fine accrued pursuant
  597  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  598  officer or public employee or the commission is unable to
  599  determine whether the individual is a current public officer or
  600  public employee, the commission may, 6 months after the order
  601  becomes final, seek garnishment of any wages to satisfy the
  602  amount of the fine, or any unpaid portion thereof, pursuant to
  603  chapter 77. Upon recording the order imposing the fine with the
  604  clerk of the circuit court, the order shall be deemed a judgment
  605  for purposes of garnishment pursuant to chapter 77.
  606         (2) The commission may refer unpaid fines to the
  607  appropriate collection agency, as directed by the Chief
  608  Financial Officer, to use any collection methods provided by
  609  law. Except as expressly limited by this section, any other
  610  collection methods authorized by law are allowed.
  611         (3) Action may be taken to collect any unpaid fine imposed
  612  by ss. 112.3144 and 112.3145 within 20 years after the date the
  613  final order is rendered.
  614         Section 10. Section 112.3251, Florida Statutes, is created
  615  to read:
  616         112.3251Citizen support and direct-support organizations;
  617  standards of conduct.—A citizen support or direct-support
  618  organization created or authorized pursuant to law must adopt
  619  its own ethics code. The ethics code must contain the standards
  620  of conduct and disclosures required under ss. 112.313 and
  621  112.3143(2), respectively. However, an ethics code adopted
  622  pursuant to this section is not required to contain the
  623  standards of conduct specified in s. 112.313(3) or (7). The
  624  citizen support or direct-support organization may adopt
  625  additional or more stringent standards of conduct and disclosure
  626  requirements, provided that those standards of conduct and
  627  disclosure requirements do not otherwise conflict with this
  628  part. The ethics code must be conspicuously posted on the
  629  website of the citizen support or direct-support organization.
  630         Section 11. Section 112.3261, Florida Statutes, is created
  631  to read:
  632         112.3261 Lobbying before governmental entities;
  633  registration and reporting.—
  634         (1) As used in this section, the term:
  635         (a) “Governmental entity” means a water management
  636  district, a hospital district, a children’s services district,
  637  an expressway authority as the term “authority” is defined in s.
  638  348.0002, a port authority as the term is defined in s. 315.02,
  639  or an independent special district with annual revenues of more
  640  than $5 million that exercises ad valorem taxing authority.
  641         (b) “Lobbies” means seeking, on behalf of another person,
  642  to influence a governmental entity with respect to a decision of
  643  the entity in an area of policy or procurement or an attempt to
  644  obtain the goodwill of an entity official or employee.
  645         (c) “Lobbyist” has the same meaning as in s. 112.3215.
  646         (d) “Principal” has the same meaning as in s. 112.3215.
  647         (2) A person may not lobby a governmental entity until such
  648  person has registered as a lobbyist with that entity. Such
  649  registration shall be due upon initially being retained to lobby
  650  and is renewable on a calendar-year basis thereafter. Upon
  651  registration, the person shall provide a statement signed by the
  652  principal or principal’s representative stating that the
  653  registrant is authorized to represent the principal. The
  654  principal shall also identify and designate its main business on
  655  the statement authorizing that lobbyist pursuant to a
  656  classification system approved by the governmental entity. Any
  657  changes to the information required by this section must be
  658  disclosed within 15 days by filing a new registration form. The
  659  registration form shall require each lobbyist to disclose, under
  660  oath, the following:
  661         (a) The lobbyist’s name and business address.
  662         (b) The name and business address of each principal
  663  represented.
  664         (c) The existence of any direct or indirect business
  665  association, partnership, or financial relationship with any
  666  officer or employee of a governmental entity with which he or
  667  she lobbies or intends to lobby.
  668         (d) In lieu of creating its own lobbyist registration
  669  forms, a governmental entity may accept a completed legislative
  670  branch or executive branch lobbyist registration form.
  671         (3) A governmental entity shall make lobbyist registrations
  672  available to the public. If a governmental entity maintains a
  673  website, a database of currently registered lobbyists and
  674  principals must be available on the entity’s website.
  675         (4) A lobbyist shall promptly send a written statement to
  676  the governmental entity cancelling the registration for a
  677  principal upon termination of the lobbyist’s representation of
  678  that principal. A governmental entity may remove the name of a
  679  lobbyist from the list of registered lobbyists if the principal
  680  notifies the entity that a person is no longer authorized to
  681  represent that principal.
  682         (5) A governmental entity may establish an annual lobbyist
  683  registration fee, not to exceed $40, for each principal
  684  represented. The governmental entity may use the moneys
  685  collected only to administer the provisions of this section.
  686         (6) A governmental entity shall be diligent to ascertain
  687  whether persons required to register pursuant to this section
  688  have complied. A governmental entity may not knowingly authorize
  689  a person who is not registered pursuant to this section to lobby
  690  the entity.
  691         (7) Upon receipt of a sworn complaint alleging that a
  692  lobbyist or principal has failed to register with a governmental
  693  entity or has knowingly submitted false information in a report
  694  or registration required under this section, the commission
  695  shall investigate a lobbyist or principal pursuant to the
  696  procedures established under s. 112.324. The commission shall
  697  provide the Governor with a report of its findings and
  698  recommendations in any investigation conducted pursuant to this
  699  subsection. The Governor is authorized to enforce the
  700  commission’s findings and recommendations.
  701         Section 12. Section 286.012, Florida Statutes, is amended
  702  to read:
  703         286.012 Voting requirement at meetings of governmental
  704  bodies.—A No member of a any state, county, or municipal
  705  governmental board, commission, or agency who is present at a
  706  any meeting of any such body at which an official decision,
  707  ruling, or other official act is to be taken or adopted may not
  708  abstain from voting in regard to any such decision, ruling, or
  709  act; and a vote shall be recorded or counted for each such
  710  member present, unless except when, with respect to any such
  711  member, there is, or appears to be, a possible conflict of
  712  interest under the provisions of s. 112.311, s. 112.313, or s.
  713  112.3143, or additional or more stringent standards of conduct,
  714  if any, adopted pursuant to s. 112.326. If there is, or appears
  715  to be, a possible conflict under s. 112.311, s. 112.313, or s.
  716  112.3143, the member shall comply with the disclosure
  717  requirements of s. 112.3143. If the only conflict or possible
  718  conflict is one arising from the additional or more stringent
  719  standards adopted pursuant to s. 112.326, the member shall
  720  comply with any disclosure requirements adopted pursuant to s.
  721  112.326. If the official decision, ruling, or act occurs in the
  722  context of a quasi-judicial proceeding, a member may abstain
  723  from voting on such matter if the abstention is to assure a fair
  724  proceeding free from potential bias or prejudice In such cases,
  725  said member shall comply with the disclosure requirements of s.
  726  112.3143.
  727         Section 13. Paragraph (c) of subsection (1) of section
  728  288.901, Florida Statutes, is amended, and paragraph (d) is
  729  added to that subsection, to read:
  730         288.901 Enterprise Florida, Inc.—
  731         (1) CREATION.—
  732         (c) The Legislature determines that it is in the public
  733  interest that the president, senior managers, and for the
  734  members of the board of directors of Enterprise Florida, Inc.,
  735  board of directors to be subject to the requirements of ss.
  736  112.313, 112.3135, and 112.3143(2)., and 112.313, excluding s.
  737  112.313(2), Notwithstanding the fact that the board members are
  738  not public officers or employees,. for purposes of the
  739  application of ss. 112.313, 112.3135, and 112.3143(2) to the
  740  activities of those sections, the president, senior managers,
  741  and board members, those individuals shall be considered to be
  742  public officers or employees, and the corporation shall be
  743  considered their agency. The exemption set forth in s.
  744  112.313(12) for advisory boards applies to the members of the
  745  Enterprise Florida, Inc., board of directors. Further, each
  746  member of the board of directors who is not otherwise required
  747  to file financial disclosures pursuant to s. 8, Art. II of the
  748  State Constitution or s. 112.3144, shall file disclosure of
  749  financial interests pursuant to s. 112.3145.
  750         (d) The president, senior managers, and members of the
  751  board of directors of Enterprise Florida, Inc., may not
  752  represent another person or entity for compensation before the
  753  corporation for a period of 2 years after ending their
  754  employment with the corporation or service on the board of
  755  directors.
  756         Section 14. Present paragraph (b) of subsection (2) of
  757  section 288.92, Florida Statutes, is redesignated as paragraph
  758  (c), and a new paragraph (b) is added to that subsection, to
  759  read:
  760         288.92 Divisions of Enterprise Florida, Inc.—
  761         (2)
  762         (b)1. The Legislature determines that it is in the public
  763  interest that the following officers and board members be
  764  subject to ss. 112.313, 112.3135, and 112.3143(2),
  765  notwithstanding the fact that such officers and board members
  766  are not public officers or employees:
  767         a. Officers and members of the board of directors of the
  768  divisions of Enterprise Florida, Inc.;
  769         b. Officers and members of the board of directors of
  770  subsidiaries of Enterprise Florida, Inc.;
  771         c. Officers and members of the board of directors of
  772  corporations created to carry out the missions of Enterprise
  773  Florida, Inc.; and
  774         d. Officers and members of the board of directors of
  775  corporations with which a division is required by law to
  776  contract with to carry out its missions.
  777         2. The officers and members of the board of directors
  778  specified in subparagraph 1. may not represent another person or
  779  entity for compensation before Enterprise Florida, Inc., for a
  780  period of 2 years after retirement from or termination of
  781  service to the division.
  782         3. For purposes of the application of ss. 112.313,
  783  112.3135, and 112.3143(2) to the activities of the officers and
  784  members of the board of directors specified in subparagraph 1.,
  785  those individuals shall be considered public officers or
  786  employees, and the corporation shall be considered their agency.
  787         Section 15. Paragraph (a) of subsection (3) of section
  788  288.9604, Florida Statutes, is amended to read:
  789         288.9604 Creation of the authority.—
  790         (3)(a)1. A director may not shall receive no compensation
  791  for his or her services, but is entitled to the necessary
  792  expenses, including travel expenses, incurred in the discharge
  793  of his or her duties. Each director shall hold office until his
  794  or her successor has been appointed.
  795         2. The Legislature determines that it is in the public
  796  interest that a director of the board of directors of the
  797  Florida Development Finance Corporation be subject to ss.
  798  112.313, 112.3135, and 112.3143(2). Notwithstanding that the
  799  directors are not public officers or employees, for purposes of
  800  the application of ss. 112.313, 112.3135, and 112.3143(2) to the
  801  activities of the directors, the directors shall be considered
  802  public officers or employees, and the corporation shall be
  803  considered their agency.
  804         3. A director of the board of directors of the corporation
  805  may not represent another person or entity for compensation
  806  before the corporation for a period of 2 years following his or
  807  her service on the board of directors.
  808         Section 16. Paragraph (d) of subsection (6) of section
  809  627.351, Florida Statutes, is amended to read:
  810         627.351 Insurance risk apportionment plans.—
  811         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  812         (d)1. All prospective employees for senior management
  813  positions, as defined by the plan of operation, are subject to
  814  background checks as a prerequisite for employment. The office
  815  shall conduct the background checks pursuant to ss. 624.34,
  816  624.404(3), and 628.261.
  817         2. On or before July 1 of each year, employees of the
  818  corporation must sign and submit a statement attesting that they
  819  do not have a conflict of interest, as defined in part III of
  820  chapter 112. As a condition of employment, all prospective
  821  employees must sign and submit to the corporation a conflict-of
  822  interest statement.
  823         3. The executive director, senior managers, and members of
  824  the board of governors are subject to part III of chapter 112,
  825  including, but not limited to, the code of ethics and public
  826  disclosure and reporting of financial interests, pursuant to s.
  827  112.3145. Notwithstanding that the executive director, senior
  828  managers, and members of the board of governors are not public
  829  officers or employees, for purposes of the application of part
  830  III of chapter 112 to the activities of those individuals, the
  831  executive director, senior managers, and members of the board of
  832  governors shall be considered public officers and employees, and
  833  the corporation shall be considered their agency.
  834  Notwithstanding s. 112.3143(2), a board member may not vote on
  835  any measure that would inure to his or her special private gain
  836  or loss; that he or she knows would inure to the special private
  837  gain or loss of any principal by whom he or she is retained or
  838  to the parent organization or subsidiary of a corporate
  839  principal by which he or she is retained, other than an agency
  840  as defined in s. 112.312; or that he or she knows would inure to
  841  the special private gain or loss of a relative or business
  842  associate of the public officer. Before the vote is taken, such
  843  member shall publicly state to the assembly the nature of his or
  844  her interest in the matter from which he or she is abstaining
  845  from voting and, within 15 days after the vote occurs, disclose
  846  the nature of his or her interest as a public record in a
  847  memorandum filed with the person responsible for recording the
  848  minutes of the meeting, who shall incorporate the memorandum in
  849  the minutes. Senior managers and board members are also required
  850  to file such disclosures with the Commission on Ethics and the
  851  Office of Insurance Regulation. The executive director of the
  852  corporation or his or her designee shall notify each existing
  853  and newly appointed member of the board of governors and senior
  854  managers of their duty to comply with the reporting requirements
  855  of part III of chapter 112. At least quarterly, the executive
  856  director or his or her designee shall submit to the Commission
  857  on Ethics a list of names of the senior managers and members of
  858  the board of governors who are subject to the public disclosure
  859  requirements under s. 112.3145.
  860         4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  861  other provision of law, an employee or board member may not
  862  knowingly accept, directly or indirectly, any gift or
  863  expenditure from a person or entity, or an employee or
  864  representative of such person or entity, which has a contractual
  865  relationship with the corporation or who is under consideration
  866  for a contract. An employee or board member who fails to comply
  867  with subparagraph 3. or this subparagraph is subject to
  868  penalties provided under ss. 112.317 and 112.3173.
  869         5. The executive director, a member of the board of
  870  governors, and a any senior manager of the corporation are who
  871  is employed on or after January 1, 2007, regardless of the date
  872  of hire, who subsequently retires or terminates employment is
  873  prohibited from representing another person or entity before the
  874  corporation for 2 years after retirement from or termination of
  875  service to employment from the corporation.
  876         6. The executive director, a member of the board of
  877  governors, and a Any senior manager of the corporation are who
  878  is employed on or after January 1, 2007, regardless of the date
  879  of hire, who subsequently retires or terminates employment is
  880  prohibited from having any employment or contractual
  881  relationship for 2 years after retirement from or termination of
  882  service to the corporation with an insurer that has entered into
  883  a take-out bonus agreement with the corporation.
  884         Section 17. Subsections (3), (4), and (7) of section
  885  11.0455, Florida Statutes, are amended to read:
  886         11.0455 Electronic filing of compensation reports and other
  887  information.—
  888         (3) A report filed pursuant to this section must be
  889  completed and filed through the electronic filing system not
  890  later than 11:59 p.m. of the day designated in s. 11.045. A
  891  report not filed by 11:59 p.m. of the day designated is a late
  892  filed report and is subject to the penalties under s. 11.045(4)
  893  s. 11.045(3).
  894         (4) Each report filed pursuant to this section is deemed to
  895  meet the certification requirements of s. 11.045(4)(a)4. s.
  896  11.045(3)(a)4., and as such subjects the person responsible for
  897  filing and the lobbying firm to the provisions of s. 11.045(8)
  898  and (9) s. 11.045(7) and (8). Persons given a secure sign-on to
  899  the electronic filing system are responsible for protecting it
  900  from disclosure and are responsible for all filings using such
  901  credentials, unless they have notified the office that their
  902  credentials have been compromised.
  903         (7) Each house of the Legislature shall provide by rule
  904  that the office make all the data filed available on the
  905  Internet in an easily understood and accessible format. The
  906  Internet website must also include, but not be limited to, the
  907  names and business addresses of lobbyists, lobbying firms, and
  908  principals, the affiliations between lobbyists and principals,
  909  and the classification system designated and identified by each
  910  principal pursuant to s. 11.045(3) s. 11.045(2).
  911         Section 18. Subsections (3), (4), and (7) of section
  912  112.32155, Florida Statutes, are amended to read:
  913         112.32155 Electronic filing of compensation reports and
  914  other information.—
  915         (3) A report filed pursuant to this section must be
  916  completed and filed through the electronic filing system not
  917  later than 11:59 p.m. of the day designated in s. 112.3215. A
  918  report not filed by 11:59 p.m. of the day designated is a late
  919  filed report and is subject to the penalties under s.
  920  112.3215(6) s. 112.3215(5).
  921         (4) Each report filed pursuant to this section is
  922  considered to meet the certification requirements of s.
  923  112.3215(6)(a)4. s. 112.3215(5)(a)4. Persons given a secure
  924  sign-on to the electronic filing system are responsible for
  925  protecting it from disclosure and are responsible for all
  926  filings using such credentials, unless they have notified the
  927  commission that their credentials have been compromised.
  928         (7) The commission shall make all the data filed available
  929  on the Internet in an easily understood and accessible format.
  930  The Internet website shall also include, but not be limited to,
  931  the names and business addresses of lobbyists, lobbying firms,
  932  and principals, the affiliations between lobbyists and
  933  principals, and the classification system designated and
  934  identified by each principal pursuant to s. 112.3215(4) s.
  935  112.3215(3).
  936         Section 19. This act shall take effect July 1, 2014.