CS for CS for CS for SB 846               Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014846e2
       
    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, superintendent of schools, or an
  174  elected municipal officer other than an elected municipal
  175  officer of a small city, as defined in s. 120.52.
  176         (i)(h) “Office” means the Office of Legislative Services.
  177         (j)(i) “Principal” means the person, firm, corporation, or
  178  other entity which has employed or retained a lobbyist.
  179         (2) A local officer may not register as a lobbyist for the
  180  purpose of lobbying the Legislature on behalf of a person or
  181  entity other than his or her political subdivision. This
  182  subsection does not prohibit a local officer from being employed
  183  by, or contracting with, a lobbying firm if he or she does not
  184  personally represent clients before the Legislature.
  185         (9)(8) Any person required to be registered or to provide
  186  information pursuant to this section or pursuant to rules
  187  established in conformity with this section who knowingly fails
  188  to disclose any material fact required by this section or by
  189  rules established in conformity with this section, or who
  190  knowingly provides false information on any report required by
  191  this section or by rules established in conformity with this
  192  section, commits a noncriminal infraction, punishable by a fine
  193  not to exceed $5,000. Such penalty shall be in addition to any
  194  other penalty assessed by a house of the Legislature pursuant to
  195  subsection (8) (7).
  196         (10)(9) There is hereby created the Legislative Lobbyist
  197  Registration Trust Fund, to be used for the purpose of funding
  198  any office established for the administration of the
  199  registration of lobbyists lobbying the Legislature, including
  200  the payment of salaries and other expenses, and for the purpose
  201  of paying the expenses incurred by the Legislature in providing
  202  services to lobbyists. The trust fund is not subject to the
  203  service charge to general revenue provisions of chapter 215.
  204  Fees collected pursuant to rules established in accordance with
  205  subsection (3) (2) shall be deposited into the Legislative
  206  Lobbyist Registration Trust Fund.
  207         Section 2. Subsection (1) of section 112.3215, Florida
  208  Statutes, is amended, present subsections (3) through (15) of
  209  that section are renumbered as subsections (4) through (16),
  210  respectively, a new subsection (3) is added to that section, and
  211  present subsection (11) of that section is amended, to read:
  212         112.3215 Lobbying before the executive branch or the
  213  Constitution Revision Commission; registration and reporting;
  214  investigation by commission.—
  215         (1) For the purposes of this section:
  216         (a) “Agency” means the Governor, the Governor and Cabinet,
  217  or any department, division, bureau, board, commission, or
  218  authority of the executive branch. In addition, “agency” shall
  219  mean the Constitution Revision Commission as provided by s. 2,
  220  Art. XI of the State Constitution.
  221         (b) “Agency official” or “employee” means any individual
  222  who is required by law to file full or limited public disclosure
  223  of his or her financial interests.
  224         (c) “Compensation” means a payment, distribution, loan,
  225  advance, reimbursement, deposit, salary, fee, retainer, or
  226  anything of value provided or owed to a lobbying firm, directly
  227  or indirectly, by a principal for any lobbying activity.
  228         (d) “Expenditure” means a payment, distribution, loan,
  229  advance, reimbursement, deposit, or anything of value made by a
  230  lobbyist or principal for the purpose of lobbying. The term
  231  “expenditure” does not include contributions or expenditures
  232  reported pursuant to chapter 106 or contributions or
  233  expenditures reported pursuant to federal election law,
  234  campaign-related personal services provided without compensation
  235  by individuals volunteering their time, any other contribution
  236  or expenditure made by or to a political party or an affiliated
  237  party committee, or any other contribution or expenditure made
  238  by an organization that is exempt from taxation under 26 U.S.C.
  239  s. 527 or s. 501(c)(4).
  240         (e) “Fund” means the Executive Branch Lobby Registration
  241  Trust Fund.
  242         (f) “Lobbies” means seeking, on behalf of another person,
  243  to influence an agency with respect to a decision of the agency
  244  in the area of policy or procurement or an attempt to obtain the
  245  goodwill of an agency official or employee. “Lobbies” also means
  246  influencing or attempting to influence, on behalf of another,
  247  the Constitution Revision Commission’s action or nonaction
  248  through oral or written communication or an attempt to obtain
  249  the goodwill of a member or employee of the Constitution
  250  Revision Commission.
  251         (g) “Lobbying firm” means a business entity, including an
  252  individual contract lobbyist, that receives or becomes entitled
  253  to receive any compensation for the purpose of lobbying, where
  254  any partner, owner, officer, or employee of the business entity
  255  is a lobbyist.
  256         (h) “Lobbyist” means a person who is employed and receives
  257  payment, or who contracts for economic consideration, for the
  258  purpose of lobbying, or a person who is principally employed for
  259  governmental affairs by another person or governmental entity to
  260  lobby on behalf of that other person or governmental entity.
  261  “Lobbyist” does not include a person who is:
  262         1. An attorney, or any person, who represents a client in a
  263  judicial proceeding or in a formal administrative proceeding
  264  conducted pursuant to chapter 120 or any other formal hearing
  265  before an agency, board, commission, or authority of this state.
  266         2. An employee of an agency or of a legislative or judicial
  267  branch entity acting in the normal course of his or her duties.
  268         3. A confidential informant who is providing, or wishes to
  269  provide, confidential information to be used for law enforcement
  270  purposes.
  271         4. A person who lobbies to procure a contract pursuant to
  272  chapter 287 which contract is less than the threshold for
  273  CATEGORY ONE as provided in s. 287.017.
  274         (i) “Local officer” means a state attorney, public
  275  defender, sheriff, tax collector, property appraiser, supervisor
  276  of elections, clerk of the circuit court, county commissioner,
  277  district school board member, superintendent of schools, or an
  278  elected municipal officer other than an elected municipal
  279  officer of a small city, as defined in s. 120.52.
  280         (j)(i) “Principal” means the person, firm, corporation, or
  281  other entity which has employed or retained a lobbyist.
  282         (3) A local officer may not register as a lobbyist for the
  283  purpose of lobbying an agency on behalf of a person or entity
  284  other than his or her political subdivision. This subsection
  285  does not prohibit a local officer from being employed by, or
  286  contracting with, a lobbying firm if he or she does not
  287  personally represent clients before an agency.
  288         (12)(11) Any person who is required to be registered or to
  289  provide information under this section or under rules adopted
  290  pursuant to this section and who knowingly fails to disclose any
  291  material fact that is required by this section or by rules
  292  adopted pursuant to this section, or who knowingly provides
  293  false information on any report required by this section or by
  294  rules adopted pursuant to this section, commits a noncriminal
  295  infraction, punishable by a fine not to exceed $5,000. Such
  296  penalty is in addition to any other penalty assessed by the
  297  Governor and Cabinet pursuant to subsection (11) (10).
  298         Section 3. The amendments made by this act to ss. 11.045
  299  and 112.3215, Florida Statutes, do not apply to a local officer
  300  for the duration of his or her current term of office as of the
  301  effective date of this act. The amendments made by this act to
  302  ss. 11.045 and 112.3215, Florida Statutes, shall apply to a
  303  local officer beginning a new term of office or appointed to
  304  fill an unexpired term after the effective date of this act.
  305         Section 4. Paragraph (b) of subsection (1) of section
  306  28.35, Florida Statutes, is amended to read:
  307         28.35 Florida Clerks of Court Operations Corporation.—
  308         (1)
  309         (b)1. The executive council shall be composed of eight
  310  clerks of the court elected by the clerks of the courts for a
  311  term of 2 years, with two clerks from counties with a population
  312  of fewer than 100,000, two clerks from counties with a
  313  population of at least 100,000 but fewer than 500,000, two
  314  clerks from counties with a population of at least 500,000 but
  315  fewer than 1 million, and two clerks from counties with a
  316  population of more than 1 million or more. The executive council
  317  shall also include, as ex officio members, a designee of the
  318  President of the Senate and a designee of the Speaker of the
  319  House of Representatives. The Chief Justice of the Supreme Court
  320  shall designate one additional member to represent the state
  321  courts system.
  322         2. The Legislature determines that it is in the public
  323  interest that a member of the executive council of the
  324  corporation be subject to the requirements of ss. 112.313,
  325  112.3135, and 112.3143(2). Notwithstanding that the council
  326  members are not public officers or employees, for purposes of
  327  the application of ss. 112.313, 112.3135, and 112.3143(2) to the
  328  activities of the council members, the council members shall be
  329  considered public officers or employees, and the corporation
  330  shall be considered their agency.
  331         3. A member of the executive council of the corporation may
  332  not represent another person or entity for compensation before
  333  the corporation for a period of 2 years following his or her
  334  service on the executive council.
  335         Section 5. Section 112.3142, Florida Statutes, is amended
  336  to read:
  337         112.3142 Ethics training for specified constitutional
  338  officers and elected municipal officers.—
  339         (1) As used in this section, the term “constitutional
  340  officers” includes the Governor, the Lieutenant Governor, the
  341  Attorney General, the Chief Financial Officer, the Commissioner
  342  of Agriculture, state attorneys, public defenders, sheriffs, tax
  343  collectors, property appraisers, supervisors of elections,
  344  clerks of the circuit court, county commissioners, district
  345  school board members, and superintendents of schools.
  346         (2)(a) All constitutional officers must complete 4 hours of
  347  ethics training each calendar year which annually that
  348  addresses, at a minimum, s. 8, Art. II of the State
  349  Constitution, the Code of Ethics for Public Officers and
  350  Employees, and the public records and public meetings laws of
  351  this state. This requirement may be satisfied by completion of a
  352  continuing legal education class or other continuing
  353  professional education class, seminar, or presentation if the
  354  required subjects are covered.
  355         (b) Beginning January 1, 2015, all elected municipal
  356  officers must complete 4 hours of ethics training each calendar
  357  year which addresses, at a minimum, s. 8, Art. II of the State
  358  Constitution, the Code of Ethics for Public Officers and
  359  Employees, and the public records and public meetings laws of
  360  this state. This requirement may be satisfied by completion of a
  361  continuing legal education class or other continuing
  362  professional education class, seminar, or presentation if the
  363  required subjects are covered.
  364         (c)(b) The commission shall adopt rules establishing
  365  minimum course content for the portion of an ethics training
  366  class which that addresses s. 8, Art. II of the State
  367  Constitution and the Code of Ethics for Public Officers and
  368  Employees.
  369         (d) The Legislature intends that a constitutional officer
  370  or elected municipal officer who is required to complete ethics
  371  training pursuant to this section receive the required training
  372  as close as possible to the date that he or she assumes office.
  373  A constitutional officer or elected municipal officer assuming a
  374  new office or new term of office on or before March 31 must
  375  complete the annual training on or before December 31 of the
  376  year in which the term of office began. A constitutional officer
  377  or elected municipal officer assuming a new office or new term
  378  of office after March 31 is not required to complete ethics
  379  training for the calendar year in which the term of office
  380  began.
  381         (3) Each house of the Legislature shall provide for ethics
  382  training pursuant to its rules.
  383         Section 6. Subsections (1) and (2), paragraph (g) of
  384  subsection (5), and paragraphs (a) and (c) of present subsection
  385  (7) of section 112.3144, Florida Statutes, are amended, present
  386  subsections (6) through (9) of that section are redesignated as
  387  subsections (7) through (10), respectively, and a new subsection
  388  (6) is added to that section, to read:
  389         112.3144 Full and public disclosure of financial
  390  interests.—
  391         (1) An officer who is required by s. 8, Art. II of the
  392  State Constitution to file a full and public disclosure of his
  393  or her financial interests for any calendar or fiscal year shall
  394  file that disclosure with the Florida Commission on Ethics.
  395  Additionally, beginning January 1, 2015, an officer who is
  396  required to complete annual ethics training pursuant to s.
  397  112.3142 must certify on his or her full and public disclosure
  398  of financial interests that he or she has completed the required
  399  training.
  400         (2) A person who is required, pursuant to s. 8, Art. II of
  401  the State Constitution, to file a full and public disclosure of
  402  financial interests and who has filed a full and public
  403  disclosure of financial interests for any calendar or fiscal
  404  year shall not be required to file a statement of financial
  405  interests pursuant to s. 112.3145(2) and (3) for the same year
  406  or for any part thereof notwithstanding any requirement of this
  407  part. If an incumbent in an elective office has filed the full
  408  and public disclosure of financial interests to qualify for
  409  election to the same office or if When a candidate has qualified
  410  for office holds another office subject to the annual filing
  411  requirement, the qualifying officer shall forward an electronic
  412  copy of the full and public disclosure of financial interests to
  413  the commission no later than July 1. The electronic copy of the
  414  full and public disclosure of financial interests satisfies the
  415  annual disclosure requirement of this section. A candidate who
  416  does not qualify until after the annual full and public
  417  disclosure of financial interests has been filed pursuant to
  418  this section shall file a copy of his or her disclosure with the
  419  officer before whom he or she qualifies.
  420         (5) Forms for compliance with the full and public
  421  disclosure requirements of s. 8, Art. II of the State
  422  Constitution shall be created by the Commission on Ethics. The
  423  commission shall give notice of disclosure deadlines and
  424  delinquencies and distribute forms in the following manner:
  425         (g) The notification requirements and fines of this
  426  subsection do not apply to candidates or to the first filing
  427  required of any person appointed to elective constitutional
  428  office or other position required to file full and public
  429  disclosure, unless the person’s name is on the commission’s
  430  notification list and the person received notification from the
  431  commission. The appointing official shall notify such newly
  432  appointed person of the obligation to file full and public
  433  disclosure by July 1. The notification requirements and fines of
  434  this subsection do not apply to the final filing provided for in
  435  subsection (7)(6).
  436         (6) If a person holding public office or public employment
  437  fails or refuses to file a full and public disclosure of
  438  financial interests for any year in which the person received
  439  notice from the commission regarding the failure to file and has
  440  accrued the maximum automatic fine authorized under this
  441  section, regardless of whether the fine imposed was paid or
  442  collected, the commission may initiate an investigation and
  443  conduct a public hearing without receipt of a complaint to
  444  determine whether the person’s failure to file is willful. Such
  445  investigation and hearing must be conducted in accordance with
  446  s. 112.324. Except as provided in s. 112.324(4), if the
  447  commission determines that the person willfully failed to file a
  448  full and public disclosure of financial interests, the
  449  commission shall enter an order recommending that the officer or
  450  employee be removed from his or her public office or public
  451  employment.
  452         (8)(7)(a) The commission shall treat an amended full and
  453  public disclosure of financial interests which that is filed
  454  before prior to September 1 of the current year in which the
  455  disclosure is due as the original filing, regardless of whether
  456  a complaint has been filed. If a complaint pertaining to the
  457  current year alleges a failure to properly and accurately
  458  disclose any information required by this section or if a
  459  complaint filed pertaining to a previous reporting period within
  460  the preceding 5 years alleges a failure to properly and
  461  accurately disclose any information required to be disclosed by
  462  this section, the commission may immediately follow complaint
  463  procedures in s. 112.324. However, If a complaint filed after
  464  August 25 alleges only an immaterial, inconsequential, or de
  465  minimis error or omission, the commission may not take any
  466  action on the complaint, other than notifying the filer of the
  467  complaint. The filer must be given 30 days to file an amended
  468  full and public disclosure of financial interests correcting any
  469  errors. If the filer does not file an amended full and public
  470  disclosure of financial interests within 30 days after the
  471  commission sends notice of the complaint, the commission may
  472  continue with proceedings pursuant to s. 112.324.
  473         (c) For purposes of this section, an error or omission is
  474  immaterial, inconsequential, or de minimis if the original
  475  filing provided sufficient information for the public to
  476  identify potential conflicts of interest. However, failure to
  477  certify completion of annual ethics training required under s.
  478  112.3142 does not constitute an immaterial, inconsequential, or
  479  de minimis error or omission.
  480         Section 7. Present subsections (4) through (11) of section
  481  112.3145, Florida Statutes, are redesignated as subsections (5)
  482  through (12), respectively, a new subsection (4) is added to
  483  that section, paragraph (c) is added to present subsection (7)
  484  of that section, and paragraphs (a) and (c) of present
  485  subsection (9) of that section are amended, to read:
  486         112.3145 Disclosure of financial interests and clients
  487  represented before agencies.—
  488         (4) Beginning January 1, 2015, an officer who is required
  489  to complete annual ethics training pursuant to s. 112.3142 must
  490  certify on his or her statement of financial interests that he
  491  or she has completed the required training.
  492         (8)(7)
  493         (c) If a person holding public office or public employment
  494  fails or refuses to file an annual statement of financial
  495  interests for any year in which the person received notice from
  496  the commission regarding the failure to file and has accrued the
  497  maximum automatic fine authorized under this section, regardless
  498  of whether the fine imposed was paid or collected, the
  499  commission may initiate an investigation and conduct a public
  500  hearing without receipt of a complaint to determine whether the
  501  person’s failure to file is willful. Such investigation and
  502  hearing must be conducted in accordance with s. 112.324. Except
  503  as provided in s. 112.324(4), if the commission determines that
  504  the person willfully failed to file a statement of financial
  505  interests, the commission shall enter an order recommending that
  506  the officer or employee be removed from his or her public office
  507  or public employment.
  508         (10)(9)(a) The commission shall treat an amended annual
  509  statement of financial interests which that is filed before
  510  prior to September 1 of the current year in which the statement
  511  is due as the original filing, regardless of whether a complaint
  512  has been filed. If a complaint pertaining to the current year
  513  alleges a failure to properly and accurately disclose any
  514  information required by this section or if a complaint filed
  515  pertaining to a previous reporting period within the preceding 5
  516  years alleges a failure to properly and accurately disclose any
  517  information required to be disclosed by this section, the
  518  commission may immediately follow complaint procedures in s.
  519  112.324. However, If a complaint filed after August 25 alleges
  520  only an immaterial, inconsequential, or de minimis error or
  521  omission, the commission may not take any action on the
  522  complaint, other than notifying the filer of the complaint. The
  523  filer must be given 30 days to file an amended statement of
  524  financial interests correcting any errors. If the filer does not
  525  file an amended statement of financial interests within 30 days
  526  after the commission sends notice of the complaint, the
  527  commission may continue with proceedings pursuant to s. 112.324.
  528         (c) For purposes of this section, an error or omission is
  529  immaterial, inconsequential, or de minimis if the original
  530  filing provided sufficient information for the public to
  531  identify potential conflicts of interest. However, failure to
  532  certify completion of annual ethics training required under s.
  533  112.3142 does not constitute an immaterial, inconsequential, or
  534  de minimis error or omission.
  535         Section 8. Section 112.31455, Florida Statutes, is amended
  536  to read:
  537         112.31455 Withholding of public salary-related payments
  538  Collection methods for unpaid automatic fines for failure to
  539  timely file disclosure of financial interests.—
  540         (1) Before referring any unpaid fine accrued pursuant to s.
  541  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  542  of Financial Services, the commission shall attempt to determine
  543  whether the individual owing such a fine is a current public
  544  officer or current public employee. If so, the commission may
  545  notify the Chief Financial Officer or the governing body of the
  546  appropriate county, municipality, or special district of the
  547  total amount of any fine owed to the commission by such
  548  individual.
  549         (a) After receipt and verification of the notice from the
  550  commission, the Chief Financial Officer or the governing body of
  551  the county, municipality, or special district shall withhold the
  552  entire amount of any fine owed, and any administrative costs
  553  incurred, from the individual’s next salary-related payment. If
  554  the fine exceeds the amount of the next salary-related payment,
  555  all salary-related payments must be withheld until the fine and
  556  administrative costs are paid in full begin withholding the
  557  lesser of 10 percent or the maximum amount allowed under federal
  558  law from any salary-related payment. The withheld payments shall
  559  be remitted to the commission until the fine is satisfied.
  560         (b) The Chief Financial Officer or the governing body of
  561  the county, municipality, or special district may retain an
  562  amount of each withheld payment, as provided in s. 77.0305, to
  563  cover the administrative costs incurred under this section.
  564         (c) If a current public officer or current public employee
  565  demonstrates to the Chief Financial Officer or the governing
  566  body responsible for paying him or her that the public salary is
  567  his or her primary source of income and that withholding the
  568  full amount of any fine owed from a salary-related payment would
  569  present an undue hardship, the amount withheld from a public
  570  salary may be reduced to not less than 10 percent of the salary
  571  related payment.
  572         (2) If the commission determines that the individual who is
  573  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  574  or s. 112.3145(6) is no longer a public officer or public
  575  employee or if the commission is unable to determine whether the
  576  individual is a current public officer or public employee, the
  577  commission may, 6 months after the order becomes final, seek
  578  garnishment of any wages to satisfy the amount of the fine, or
  579  any unpaid portion thereof, pursuant to chapter 77. Upon
  580  recording the order imposing the fine with the clerk of the
  581  circuit court, the order shall be deemed a judgment for purposes
  582  of garnishment pursuant to chapter 77.
  583         (2)(3) The commission may refer unpaid fines to the
  584  appropriate collection agency, as directed by the Chief
  585  Financial Officer, to utilize any collection methods provided by
  586  law. Except as expressly limited by this section, any other
  587  collection methods authorized by law are allowed.
  588         (3)(4) Action may be taken to collect any unpaid fine
  589  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  590  date the final order is rendered.
  591         Section 9. Section 112.31456, Florida Statutes, is created
  592  to read:
  593         112.31456 Garnishment of wages for unpaid automatic fines
  594  for failure to timely file disclosure of financial interests.—
  595         (1) Before referring any unpaid fine accrued pursuant to s.
  596  112.3144(5) or s. 112.3145(7) to the Department of Financial
  597  Services, the commission shall attempt to determine whether the
  598  individual owing such fine is a current public officer or
  599  current public employee. If the commission determines that an
  600  individual who is the subject of an unpaid fine accrued pursuant
  601  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  602  officer or public employee or the commission is unable to
  603  determine whether the individual is a current public officer or
  604  public employee, the commission may, 6 months after the order
  605  becomes final, seek garnishment of any wages to satisfy the
  606  amount of the fine, or any unpaid portion thereof, pursuant to
  607  chapter 77. Upon recording the order imposing the fine with the
  608  clerk of the circuit court, the order shall be deemed a judgment
  609  for purposes of garnishment pursuant to chapter 77.
  610         (2) The commission may refer unpaid fines to the
  611  appropriate collection agency, as directed by the Chief
  612  Financial Officer, to use any collection methods provided by
  613  law. Except as expressly limited by this section, any other
  614  collection methods authorized by law are allowed.
  615         (3) Action may be taken to collect any unpaid fine imposed
  616  by ss. 112.3144 and 112.3145 within 20 years after the date the
  617  final order is rendered.
  618         Section 10. Section 112.3251, Florida Statutes, is created
  619  to read:
  620         112.3251Citizen support and direct-support organizations;
  621  standards of conduct.—A citizen support or direct-support
  622  organization created or authorized pursuant to law must adopt
  623  its own ethics code. The ethics code must contain the standards
  624  of conduct and disclosures required under ss. 112.313 and
  625  112.3143(2), respectively. However, an ethics code adopted
  626  pursuant to this section is not required to contain the
  627  standards of conduct specified in s. 112.313(3) or (7). The
  628  citizen support or direct-support organization may adopt
  629  additional or more stringent standards of conduct and disclosure
  630  requirements, provided that those standards of conduct and
  631  disclosure requirements do not otherwise conflict with this
  632  part. The ethics code must be conspicuously posted on the
  633  website of the citizen support or direct-support organization.
  634         Section 11. Section 112.3261, Florida Statutes, is created
  635  to read:
  636         112.3261 Lobbying before governmental entities;
  637  registration and reporting.—
  638         (1) As used in this section, the term:
  639         (a) “Governmental entity” means a water management
  640  district, a hospital district, a children’s services district,
  641  an expressway authority as the term “authority” is defined in s.
  642  348.0002, a port authority as the term is defined in s. 315.02,
  643  or an independent special district with annual revenues of more
  644  than $5 million that exercises ad valorem taxing authority.
  645         (b) “Lobbies” means seeking, on behalf of another person,
  646  to influence a governmental entity with respect to a decision of
  647  the entity in an area of policy or procurement or an attempt to
  648  obtain the goodwill of an entity official or employee.
  649         (c) “Lobbyist” has the same meaning as in s. 112.3215.
  650         (d) “Principal” has the same meaning as in s. 112.3215.
  651         (2) A person may not lobby a governmental entity until such
  652  person has registered as a lobbyist with that entity. Such
  653  registration shall be due upon initially being retained to lobby
  654  and is renewable on a calendar-year basis thereafter. Upon
  655  registration, the person shall provide a statement signed by the
  656  principal or principal’s representative stating that the
  657  registrant is authorized to represent the principal. The
  658  principal shall also identify and designate its main business on
  659  the statement authorizing that lobbyist pursuant to a
  660  classification system approved by the governmental entity. Any
  661  changes to the information required by this section must be
  662  disclosed within 15 days by filing a new registration form. The
  663  registration form shall require each lobbyist to disclose, under
  664  oath, the following:
  665         (a) The lobbyist’s name and business address.
  666         (b) The name and business address of each principal
  667  represented.
  668         (c) The existence of any direct or indirect business
  669  association, partnership, or financial relationship with any
  670  officer or employee of a governmental entity with which he or
  671  she lobbies or intends to lobby.
  672         (d) In lieu of creating its own lobbyist registration
  673  forms, a governmental entity may accept a completed legislative
  674  branch or executive branch lobbyist registration form.
  675         (3) A governmental entity shall make lobbyist registrations
  676  available to the public. If a governmental entity maintains a
  677  website, a database of currently registered lobbyists and
  678  principals must be available on the entity’s website.
  679         (4) A lobbyist shall promptly send a written statement to
  680  the governmental entity cancelling the registration for a
  681  principal upon termination of the lobbyist’s representation of
  682  that principal. A governmental entity may remove the name of a
  683  lobbyist from the list of registered lobbyists if the principal
  684  notifies the entity that a person is no longer authorized to
  685  represent that principal.
  686         (5) A governmental entity may establish an annual lobbyist
  687  registration fee, not to exceed $40, for each principal
  688  represented. The governmental entity may use the moneys
  689  collected only to administer the provisions of this section.
  690         (6) A governmental entity shall be diligent to ascertain
  691  whether persons required to register pursuant to this section
  692  have complied. A governmental entity may not knowingly authorize
  693  a person who is not registered pursuant to this section to lobby
  694  the entity.
  695         (7) Upon receipt of a sworn complaint alleging that a
  696  lobbyist or principal has failed to register with a governmental
  697  entity or has knowingly submitted false information in a report
  698  or registration required under this section, the commission
  699  shall investigate a lobbyist or principal pursuant to the
  700  procedures established under s. 112.324. The commission shall
  701  provide the Governor with a report of its findings and
  702  recommendations in any investigation conducted pursuant to this
  703  subsection. The Governor is authorized to enforce the
  704  commission’s findings and recommendations.
  705         Section 12. Section 286.012, Florida Statutes, is amended
  706  to read:
  707         286.012 Voting requirement at meetings of governmental
  708  bodies.—A No member of a any state, county, or municipal
  709  governmental board, commission, or agency who is present at a
  710  any meeting of any such body at which an official decision,
  711  ruling, or other official act is to be taken or adopted may not
  712  abstain from voting in regard to any such decision, ruling, or
  713  act; and a vote shall be recorded or counted for each such
  714  member present, unless except when, with respect to any such
  715  member, there is, or appears to be, a possible conflict of
  716  interest under the provisions of s. 112.311, s. 112.313, or s.
  717  112.3143, or additional or more stringent standards of conduct,
  718  if any, adopted pursuant to s. 112.326. If there is, or appears
  719  to be, a possible conflict under s. 112.311, s. 112.313, or s.
  720  112.3143, the member shall comply with the disclosure
  721  requirements of s. 112.3143. If the only conflict or possible
  722  conflict is one arising from the additional or more stringent
  723  standards adopted pursuant to s. 112.326, the member shall
  724  comply with any disclosure requirements adopted pursuant to s.
  725  112.326. If the official decision, ruling, or act occurs in the
  726  context of a quasi-judicial proceeding, a member may abstain
  727  from voting on such matter if the abstention is to assure a fair
  728  proceeding free from potential bias or prejudice In such cases,
  729  said member shall comply with the disclosure requirements of s.
  730  112.3143.
  731         Section 13. Paragraph (c) of subsection (1) of section
  732  288.901, Florida Statutes, is amended, and paragraph (d) is
  733  added to that subsection, to read:
  734         288.901 Enterprise Florida, Inc.—
  735         (1) CREATION.—
  736         (c) The Legislature determines that it is in the public
  737  interest that the president, senior managers, and for the
  738  members of the board of directors of Enterprise Florida, Inc.,
  739  board of directors to be subject to the requirements of ss.
  740  112.313, 112.3135, and 112.3143(2)., and 112.313, excluding s.
  741  112.313(2), Notwithstanding the fact that the board members are
  742  not public officers or employees,. for purposes of the
  743  application of ss. 112.313, 112.3135, and 112.3143(2) to the
  744  activities of those sections, the president, senior managers,
  745  and board members, those individuals shall be considered to be
  746  public officers or employees, and the corporation shall be
  747  considered their agency. The exemption set forth in s.
  748  112.313(12) for advisory boards applies to the members of the
  749  Enterprise Florida, Inc., board of directors. Further, each
  750  member of the board of directors who is not otherwise required
  751  to file financial disclosures pursuant to s. 8, Art. II of the
  752  State Constitution or s. 112.3144, shall file disclosure of
  753  financial interests pursuant to s. 112.3145.
  754         (d) The president, senior managers, and members of the
  755  board of directors of Enterprise Florida, Inc., may not
  756  represent another person or entity for compensation before the
  757  corporation for a period of 2 years after ending their
  758  employment with the corporation or service on the board of
  759  directors.
  760         Section 14. Present paragraph (b) of subsection (2) of
  761  section 288.92, Florida Statutes, is redesignated as paragraph
  762  (c), and a new paragraph (b) is added to that subsection, to
  763  read:
  764         288.92 Divisions of Enterprise Florida, Inc.—
  765         (2)
  766         (b)1. The Legislature determines that it is in the public
  767  interest that the following officers and board members be
  768  subject to ss. 112.313, 112.3135, and 112.3143(2),
  769  notwithstanding the fact that such officers and board members
  770  are not public officers or employees:
  771         a. Officers and members of the board of directors of the
  772  divisions of Enterprise Florida, Inc.;
  773         b. Officers and members of the board of directors of
  774  subsidiaries of Enterprise Florida, Inc.;
  775         c. Officers and members of the board of directors of
  776  corporations created to carry out the missions of Enterprise
  777  Florida, Inc.; and
  778         d. Officers and members of the board of directors of
  779  corporations with which a division is required by law to
  780  contract with to carry out its missions.
  781         2. The officers and members of the board of directors
  782  specified in subparagraph 1. may not represent another person or
  783  entity for compensation before Enterprise Florida, Inc., for a
  784  period of 2 years after retirement from or termination of
  785  service to the division.
  786         3. For purposes of the application of ss. 112.313,
  787  112.3135, and 112.3143(2) to the activities of the officers and
  788  members of the board of directors specified in subparagraph 1.,
  789  those individuals shall be considered public officers or
  790  employees, and the corporation shall be considered their agency.
  791         Section 15. Paragraph (a) of subsection (3) of section
  792  288.9604, Florida Statutes, is amended to read:
  793         288.9604 Creation of the authority.—
  794         (3)(a)1. A director may not shall receive no compensation
  795  for his or her services, but is entitled to the necessary
  796  expenses, including travel expenses, incurred in the discharge
  797  of his or her duties. Each director shall hold office until his
  798  or her successor has been appointed.
  799         2. The Legislature determines that it is in the public
  800  interest that a director of the board of directors of the
  801  Florida Development Finance Corporation be subject to ss.
  802  112.313, 112.3135, and 112.3143(2). Notwithstanding that the
  803  directors are not public officers or employees, for purposes of
  804  the application of ss. 112.313, 112.3135, and 112.3143(2) to the
  805  activities of the directors, the directors shall be considered
  806  public officers or employees, and the corporation shall be
  807  considered their agency.
  808         3. A director of the board of directors of the corporation
  809  may not represent another person or entity for compensation
  810  before the corporation for a period of 2 years following his or
  811  her service on the board of directors.
  812         Section 16. Paragraph (d) of subsection (6) of section
  813  627.351, Florida Statutes, is amended to read:
  814         627.351 Insurance risk apportionment plans.—
  815         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  816         (d)1. All prospective employees for senior management
  817  positions, as defined by the plan of operation, are subject to
  818  background checks as a prerequisite for employment. The office
  819  shall conduct the background checks pursuant to ss. 624.34,
  820  624.404(3), and 628.261.
  821         2. On or before July 1 of each year, employees of the
  822  corporation must sign and submit a statement attesting that they
  823  do not have a conflict of interest, as defined in part III of
  824  chapter 112. As a condition of employment, all prospective
  825  employees must sign and submit to the corporation a conflict-of
  826  interest statement.
  827         3. The executive director, senior managers, and members of
  828  the board of governors are subject to part III of chapter 112,
  829  including, but not limited to, the code of ethics and public
  830  disclosure and reporting of financial interests, pursuant to s.
  831  112.3145. Notwithstanding that the executive director, senior
  832  managers, and members of the board of governors are not public
  833  officers or employees, for purposes of the application of part
  834  III of chapter 112 to the activities of those individuals, the
  835  executive director, senior managers, and members of the board of
  836  governors shall be considered public officers and employees, and
  837  the corporation shall be considered their agency.
  838  Notwithstanding s. 112.3143(2), a board member may not vote on
  839  any measure that would inure to his or her special private gain
  840  or loss; that he or she knows would inure to the special private
  841  gain or loss of any principal by whom he or she is retained or
  842  to the parent organization or subsidiary of a corporate
  843  principal by which he or she is retained, other than an agency
  844  as defined in s. 112.312; or that he or she knows would inure to
  845  the special private gain or loss of a relative or business
  846  associate of the public officer. Before the vote is taken, such
  847  member shall publicly state to the assembly the nature of his or
  848  her interest in the matter from which he or she is abstaining
  849  from voting and, within 15 days after the vote occurs, disclose
  850  the nature of his or her interest as a public record in a
  851  memorandum filed with the person responsible for recording the
  852  minutes of the meeting, who shall incorporate the memorandum in
  853  the minutes. Senior managers and board members are also required
  854  to file such disclosures with the Commission on Ethics and the
  855  Office of Insurance Regulation. The executive director of the
  856  corporation or his or her designee shall notify each existing
  857  and newly appointed member of the board of governors and senior
  858  managers of their duty to comply with the reporting requirements
  859  of part III of chapter 112. At least quarterly, the executive
  860  director or his or her designee shall submit to the Commission
  861  on Ethics a list of names of the senior managers and members of
  862  the board of governors who are subject to the public disclosure
  863  requirements under s. 112.3145.
  864         4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  865  other provision of law, an employee or board member may not
  866  knowingly accept, directly or indirectly, any gift or
  867  expenditure from a person or entity, or an employee or
  868  representative of such person or entity, which has a contractual
  869  relationship with the corporation or who is under consideration
  870  for a contract. An employee or board member who fails to comply
  871  with subparagraph 3. or this subparagraph is subject to
  872  penalties provided under ss. 112.317 and 112.3173.
  873         5. The executive director, a member of the board of
  874  governors, and a any senior manager of the corporation are who
  875  is employed on or after January 1, 2007, regardless of the date
  876  of hire, who subsequently retires or terminates employment is
  877  prohibited from representing another person or entity before the
  878  corporation for 2 years after retirement from or termination of
  879  service to employment from the corporation.
  880         6. The executive director, a member of the board of
  881  governors, and a Any senior manager of the corporation are who
  882  is employed on or after January 1, 2007, regardless of the date
  883  of hire, who subsequently retires or terminates employment is
  884  prohibited from having any employment or contractual
  885  relationship for 2 years after retirement from or termination of
  886  service to the corporation with an insurer that has entered into
  887  a take-out bonus agreement with the corporation.
  888         Section 17. Subsections (3), (4), and (7) of section
  889  11.0455, Florida Statutes, are amended to read:
  890         11.0455 Electronic filing of compensation reports and other
  891  information.—
  892         (3) A report filed pursuant to this section must be
  893  completed and filed through the electronic filing system not
  894  later than 11:59 p.m. of the day designated in s. 11.045. A
  895  report not filed by 11:59 p.m. of the day designated is a late
  896  filed report and is subject to the penalties under s. 11.045(4)
  897  s. 11.045(3).
  898         (4) Each report filed pursuant to this section is deemed to
  899  meet the certification requirements of s. 11.045(4)(a)4. s.
  900  11.045(3)(a)4., and as such subjects the person responsible for
  901  filing and the lobbying firm to the provisions of s. 11.045(8)
  902  and (9) s. 11.045(7) and (8). Persons given a secure sign-on to
  903  the electronic filing system are responsible for protecting it
  904  from disclosure and are responsible for all filings using such
  905  credentials, unless they have notified the office that their
  906  credentials have been compromised.
  907         (7) Each house of the Legislature shall provide by rule
  908  that the office make all the data filed available on the
  909  Internet in an easily understood and accessible format. The
  910  Internet website must also include, but not be limited to, the
  911  names and business addresses of lobbyists, lobbying firms, and
  912  principals, the affiliations between lobbyists and principals,
  913  and the classification system designated and identified by each
  914  principal pursuant to s. 11.045(3) s. 11.045(2).
  915         Section 18. Subsections (3), (4), and (7) of section
  916  112.32155, Florida Statutes, are amended to read:
  917         112.32155 Electronic filing of compensation reports and
  918  other information.—
  919         (3) A report filed pursuant to this section must be
  920  completed and filed through the electronic filing system not
  921  later than 11:59 p.m. of the day designated in s. 112.3215. A
  922  report not filed by 11:59 p.m. of the day designated is a late
  923  filed report and is subject to the penalties under s.
  924  112.3215(6) s. 112.3215(5).
  925         (4) Each report filed pursuant to this section is
  926  considered to meet the certification requirements of s.
  927  112.3215(6)(a)4. s. 112.3215(5)(a)4. Persons given a secure
  928  sign-on to the electronic filing system are responsible for
  929  protecting it from disclosure and are responsible for all
  930  filings using such credentials, unless they have notified the
  931  commission that their credentials have been compromised.
  932         (7) The commission shall make all the data filed available
  933  on the Internet in an easily understood and accessible format.
  934  The Internet website shall also include, but not be limited to,
  935  the names and business addresses of lobbyists, lobbying firms,
  936  and principals, the affiliations between lobbyists and
  937  principals, and the classification system designated and
  938  identified by each principal pursuant to s. 112.3215(4) s.
  939  112.3215(3).
  940         Section 19. This act shall take effect July 1, 2014.