Florida Senate - 2018                                    SB 1750
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00306A-18                                          20181750__
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.3143, F.S.;
    3         prohibiting a state public officer from voting in an
    4         official capacity on any measure that he or she knows
    5         would inure to the special private gain or loss of
    6         certain principals, parent organizations or
    7         subsidiaries of a corporate principal, relatives, or
    8         business associates of the officer; revising
    9         disclosure requirements applicable to state public
   10         officers in the event of a voting conflict;
   11         prohibiting any public officer from participating in
   12         any matter that would inure to the officer’s special
   13         private gain or loss or that he or she knows would
   14         inure to the special private gain or loss of certain
   15         principals, parent organizations or subsidiaries of a
   16         corporate principal, relatives, or business associates
   17         of the officer; prescribing disclosure requirements;
   18         amending s. 112.317, F.S.; authorizing a person who
   19         has filed a complaint against a public officer or
   20         employee to recover costs and reasonable attorney fees
   21         if he or she prevails against a respondent’s fee
   22         petition; requiring the Commission on Ethics to
   23         forward information regarding a respondent’s failure
   24         to voluntarily pay such costs and fees within a
   25         certain timeframe to the Department of Legal Affairs;
   26         requiring the department to bring a civil action to
   27         recover such costs and fees owed to a complainant;
   28         amending ss. 288.1226, 310.151, 627.351, 1002.33,
   29         1002.333, and 1002.83, F.S.; conforming provisions and
   30         cross-references to changes made by the act;
   31         reenacting ss. 28.35(1)(b), 112.3251, 288.901(1)(c),
   32         288.92(2)(b), and 288.9604(3)(a), F.S., relating to
   33         standards of conduct for public officers, to
   34         incorporate the amendment made to s. 112.3143, F.S.,
   35         in references thereto; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present subsections (3) through (6) of section
   40  112.3143, Florida Statutes, are renumbered as subsections (2)
   41  through (5), respectively, and present subsections (2), (3), and
   42  (4) of that section are amended, to read:
   43         112.3143 Voting conflicts.—
   44         (2)(a) A state public officer may not vote on any matter
   45  that the officer knows would inure to his or her special private
   46  gain or loss. Any state public officer who abstains from voting
   47  in an official capacity upon any measure that the officer knows
   48  would inure to the officer’s special private gain or loss, or
   49  who votes in an official capacity on a measure that he or she
   50  knows would inure to the special private gain or loss of any
   51  principal by whom the officer is retained or to the parent
   52  organization or subsidiary of a corporate principal by which the
   53  officer is retained other than an agency as defined in s.
   54  112.312(2); or which the officer knows would inure to the
   55  special private gain or loss of a relative or business associate
   56  of the public officer, shall make every reasonable effort to
   57  disclose the nature of his or her interest as a public record in
   58  a memorandum filed with the person responsible for recording the
   59  minutes of the meeting, who shall incorporate the memorandum in
   60  the minutes. If it is not possible for the state public officer
   61  to file a memorandum before the vote, the memorandum must be
   62  filed with the person responsible for recording the minutes of
   63  the meeting no later than 15 days after the vote.
   64         (b) A member of the Legislature may satisfy the disclosure
   65  requirements of this section by filing a disclosure form created
   66  pursuant to the rules of the member’s respective house if the
   67  member discloses the information required by this subsection.
   68         (2)(a)(3)(a)A state, No county, municipal, or other local
   69  public officer may not shall vote in an official capacity upon
   70  any measure which would inure to his or her special private gain
   71  or loss; which he or she knows would inure to the special
   72  private gain or loss of any principal by whom he or she is
   73  retained or to the parent organization or subsidiary of a
   74  corporate principal by which he or she is retained, other than
   75  an agency as defined in s. 112.312(2); or which he or she knows
   76  would inure to the special private gain or loss of a relative or
   77  business associate of the public officer. Such public officer
   78  shall, before prior to the vote being taken, publicly state to
   79  the assembly the nature of the officer’s interest in the matter
   80  from which he or she is abstaining from voting and, within 15
   81  days after the vote occurs, disclose the nature of his or her
   82  interest as a public record in a memorandum filed with the
   83  person responsible for recording the minutes of the meeting, who
   84  shall incorporate the memorandum in the minutes.
   85         (b) However, a commissioner of a community redevelopment
   86  agency created or designated pursuant to s. 163.356 or s.
   87  163.357, or an officer of an independent special tax district
   88  elected on a one-acre, one-vote basis, is not prohibited from
   89  voting, when voting in said capacity.
   90         (3)(4)A state, county, municipal, or other No appointed
   91  public officer may not shall participate in any matter which
   92  would inure to the officer’s special private gain or loss; which
   93  the officer knows would inure to the special private gain or
   94  loss of any principal by whom he or she is retained or to the
   95  parent organization or subsidiary of a corporate principal by
   96  which he or she is retained; or which he or she knows would
   97  inure to the special private gain or loss of a relative or
   98  business associate of the public officer, without first
   99  disclosing the nature of his or her interest in the matter.
  100         (a) Such disclosure, indicating the nature of the conflict,
  101  shall be made in a written memorandum filed with the person
  102  responsible for recording the minutes of the meeting, before
  103  prior to the meeting in which consideration of the matter will
  104  take place, and shall be incorporated into the minutes. Any such
  105  memorandum shall become a public record upon filing, shall
  106  immediately be provided to the other members of the agency, and
  107  shall be read publicly at the next meeting held subsequent to
  108  the filing of this written memorandum.
  109         (b) In the event that disclosure has not been made before
  110  prior to the meeting or that any conflict is unknown before
  111  prior to the meeting, the disclosure shall be made orally at the
  112  meeting when it becomes known that a conflict exists. A written
  113  memorandum disclosing the nature of the conflict shall then be
  114  filed within 15 days after the oral disclosure with the person
  115  responsible for recording the minutes of the meeting and shall
  116  be incorporated into the minutes of the meeting at which the
  117  oral disclosure was made. Any such memorandum shall become a
  118  public record upon filing, shall immediately be provided to the
  119  other members of the agency, and shall be read publicly at the
  120  next meeting held subsequent to the filing of this written
  121  memorandum.
  122         (c) For purposes of this subsection, the term “participate”
  123  means any attempt to influence the decision by oral or written
  124  communication, whether made by the officer or at the officer’s
  125  direction.
  126         Section 2. Subsection (7) of section 112.317, Florida
  127  Statutes, is amended to read:
  128         112.317 Penalties.—
  129         (7) In any case in which the commission determines that a
  130  person has filed a complaint against a public officer or
  131  employee with a malicious intent to injure the reputation of
  132  such officer or employee by filing the complaint with knowledge
  133  that the complaint contains one or more false allegations or
  134  with reckless disregard for whether the complaint contains false
  135  allegations of fact material to a violation of this part, the
  136  complainant is shall be liable for costs plus reasonable
  137  attorney fees incurred in the defense of the respondent in the
  138  original proceeding person complained against, including the
  139  costs and reasonable attorney fees incurred in proving
  140  entitlement to and the amount of costs and fees. If the
  141  complainant prevails against a respondent’s action to recover
  142  costs and fees, the respondent is liable to the complainant for
  143  costs plus reasonable attorney fees incurred by the complainant
  144  in the filing of the complaint and in defending against the
  145  respondent’s action. If the complainant or the respondent fails
  146  to pay such costs and fees voluntarily within 30 days following
  147  such finding by the commission, the commission shall forward
  148  such information to the Department of Legal Affairs, which shall
  149  bring a civil action in a court of competent jurisdiction to
  150  recover the amount of such costs and fees awarded by the
  151  commission.
  152         Section 3. Paragraph (c) of subsection (2) of section
  153  288.1226, Florida Statutes, is amended to read:
  154         288.1226 Florida Tourism Industry Marketing Corporation;
  155  use of property; board of directors; duties; audit.—
  156         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
  157  Corporation is a direct-support organization of Enterprise
  158  Florida, Inc.
  159         (c)1. The corporation is not an agency for the purposes of
  160  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
  161  relating to leasing of buildings; ss. 283.33 and 283.35,
  162  relating to bids for printing; s. 215.31; and parts I, II, and
  163  IV-VIII of chapter 112. However, the corporation shall comply
  164  with the per diem and travel expense provisions of s. 112.061.
  165         2. It is not a violation of s. 112.3143(2) or (3) (4) for
  166  the officers or members of the board of directors of the
  167  corporation to:
  168         a. Vote on the 4-year marketing plan required under s.
  169  288.923 or vote on any individual component of or amendment to
  170  the plan.
  171         b. Participate in the establishment or calculation of
  172  payments related to the private match requirements of subsection
  173  (6). The officer or member must file an annual disclosure
  174  describing the nature of his or her interests or the interests
  175  of his or her principals, including corporate parents and
  176  subsidiaries of his or her principal, in the private match
  177  requirements. This annual disclosure requirement satisfies the
  178  disclosure requirement of s. 112.3143(3) s. 112.3143(4). This
  179  disclosure must be placed on the corporation’s website or
  180  included in the minutes of each meeting of the corporation’s
  181  board of directors at which the private match requirements are
  182  discussed or voted upon.
  183         Section 4. Paragraph (c) of subsection (1) of section
  184  310.151, Florida Statutes, is amended to read:
  185         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
  186         (1)
  187         (c) Committee members shall comply with the disclosure
  188  requirements of s. 112.3143(3) s. 112.3143(4) if participating
  189  in any matter that would result in special private gain or loss
  190  as described in that subsection.
  191         Section 5. Paragraph (d) of subsection (6) of section
  192  627.351, Florida Statutes, is amended to read:
  193         627.351 Insurance risk apportionment plans.—
  194         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  195         (d)1. All prospective employees for senior management
  196  positions, as defined by the plan of operation, are subject to
  197  background checks as a prerequisite for employment. The office
  198  shall conduct the background checks pursuant to ss. 624.34,
  199  624.404(3), and 628.261.
  200         2. On or before July 1 of each year, employees of the
  201  corporation must sign and submit a statement attesting that they
  202  do not have a conflict of interest, as defined in part III of
  203  chapter 112. As a condition of employment, all prospective
  204  employees must sign and submit to the corporation a conflict-of
  205  interest statement.
  206         3. The executive director, senior managers, and members of
  207  the board of governors are subject to part III of chapter 112,
  208  including, but not limited to, the code of ethics and public
  209  disclosure and reporting of financial interests, pursuant to s.
  210  112.3145. For purposes of applying part III of chapter 112 to
  211  activities of the executive director, senior managers, and
  212  members of the board of governors, those persons shall be
  213  considered public officers or employees and the corporation
  214  shall be considered their agency. Notwithstanding s.
  215  112.3143(2), A board member may not vote on any measure that
  216  would inure to his or her special private gain or loss; that he
  217  or she knows would inure to the special private gain or loss of
  218  any principal by whom he or she is retained or to the parent
  219  organization or subsidiary of a corporate principal by which he
  220  or she is retained, other than an agency as defined in s.
  221  112.312; or that he or she knows would inure to the special
  222  private gain or loss of a relative or business associate of the
  223  public officer. Before the vote is taken, such member shall
  224  publicly state to the assembly the nature of his or her interest
  225  in the matter from which he or she is abstaining from voting
  226  and, within 15 days after the vote occurs, disclose the nature
  227  of his or her interest as a public record in a memorandum filed
  228  with the person responsible for recording the minutes of the
  229  meeting, who shall incorporate the memorandum in the minutes.
  230  Senior managers and board members are also required to file such
  231  disclosures with the Commission on Ethics and the Office of
  232  Insurance Regulation. The executive director of the corporation
  233  or his or her designee shall notify each existing and newly
  234  appointed member of the board of governors and senior managers
  235  of their duty to comply with the reporting requirements of part
  236  III of chapter 112. At least quarterly, the executive director
  237  or his or her designee shall submit to the Commission on Ethics
  238  a list of names of the senior managers and members of the board
  239  of governors who are subject to the public disclosure
  240  requirements under s. 112.3145.
  241         4. Notwithstanding s. 112.3148, s. 112.3149, or any other
  242  provision of law, an employee or board member may not knowingly
  243  accept, directly or indirectly, any gift or expenditure from a
  244  person or entity, or an employee or representative of such
  245  person or entity, which has a contractual relationship with the
  246  corporation or who is under consideration for a contract. An
  247  employee or board member who fails to comply with subparagraph
  248  3. or this subparagraph is subject to penalties provided under
  249  ss. 112.317 and 112.3173.
  250         5. Any senior manager of the corporation who is employed on
  251  or after January 1, 2007, regardless of the date of hire, who
  252  subsequently retires or terminates employment is prohibited from
  253  representing another person or entity before the corporation for
  254  2 years after retirement or termination of employment from the
  255  corporation.
  256         6. The executive director, members of the board of
  257  governors, and senior managers of the corporation are prohibited
  258  from having any employment or contractual relationship for 2
  259  years after retirement from or termination of service to the
  260  corporation with an insurer that has entered into a take-out
  261  bonus agreement with the corporation.
  262         Section 6. Paragraph (a) of subsection (26) of section
  263  1002.33, Florida Statutes, is amended to read:
  264         1002.33 Charter schools.—
  265         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
  266         (a) A member of a governing board of a charter school,
  267  including a charter school operated by a private entity, is
  268  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
  269  112.3143(3).
  270         Section 7. Paragraph (f) of subsection (6) of section
  271  1002.333, Florida Statutes, is amended to read:
  272         1002.333 Persistently low-performing schools.—
  273         (6) STATUTORY AUTHORITY.—
  274         (f) Schools of hope operated by a hope operator shall be
  275  exempt from chapters 1000-1013 and all school board policies.
  276  However, a hope operator shall be in compliance with the laws in
  277  chapters 1000-1013 relating to:
  278         1. The student assessment program and school grading
  279  system.
  280         2. Student progression and graduation.
  281         3. The provision of services to students with disabilities.
  282         4. Civil rights, including s. 1000.05, relating to
  283  discrimination.
  284         5. Student health, safety, and welfare.
  285         6. Public meetings and records, public inspection, and
  286  criminal and civil penalties pursuant to s. 286.011. The
  287  governing board of a school of hope must hold at least two
  288  public meetings per school year in the school district in which
  289  the school of hope is located. Any other meetings of the
  290  governing board may be held in accordance with s. 120.54(5)(b)2.
  291         7. Public records pursuant to chapter 119.
  292         8. The code of ethics for public officers and employees
  293  pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
  294  112.3143(3).
  295         Section 8. Subsection (8) of section 1002.83, Florida
  296  Statutes, is amended to read:
  297         1002.83 Early learning coalitions.—
  298         (8) Each member of an early learning coalition is subject
  299  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  300  112.3143(2)(a) s. 112.3143(3)(a), each voting member is a local
  301  public officer who must abstain from voting when a voting
  302  conflict exists.
  303         Section 9. For the purpose of incorporating the amendment
  304  made by this act to section 112.3143, Florida Statutes, in a
  305  reference thereto, paragraph (b) of subsection (1) of section
  306  28.35, Florida Statutes, is reenacted 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 1 million or more. The executive council shall
  317  also include, as ex officio members, a designee of the President
  318  of the Senate and a designee of the Speaker of the House of
  319  Representatives. The Chief Justice of the Supreme Court shall
  320  designate one additional member to represent the state courts
  321  system.
  322         2. Members of the executive council of the corporation are
  323  subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
  324  and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
  325  (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
  326  executive council members, members shall be considered public
  327  officers and the corporation shall be considered the members’
  328  agency.
  329         Section 10. For the purpose of incorporating the amendment
  330  made by this act to section 112.3143, Florida Statutes, in a
  331  reference thereto, section 112.3251, Florida Statutes, is
  332  reenacted to read:
  333         112.3251 Citizen support and direct-support organizations;
  334  standards of conduct.—A citizen support or direct-support
  335  organization created or authorized pursuant to law must adopt
  336  its own ethics code. The ethics code must contain the standards
  337  of conduct and disclosures required under ss. 112.313 and
  338  112.3143(2), respectively. However, an ethics code adopted
  339  pursuant to this section is not required to contain the
  340  standards of conduct specified in s. 112.313(3) or (7). The
  341  citizen support or direct-support organization may adopt
  342  additional or more stringent standards of conduct and disclosure
  343  requirements if those standards of conduct and disclosure
  344  requirements do not otherwise conflict with this part. The
  345  ethics code must be conspicuously posted on the citizen support
  346  or direct-support organization’s website.
  347         Section 11. For the purpose of incorporating the amendment
  348  made by this act to section 112.3143, Florida Statutes, in a
  349  reference thereto, paragraph (c) of subsection (1) of section
  350  288.901, Florida Statutes, is reenacted to read:
  351         288.901 Enterprise Florida, Inc.—
  352         (1) CREATION.—
  353         (c) The president, senior managers, and members of the
  354  board of directors of Enterprise Florida, Inc., are subject to
  355  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  356  112.3143(2). For purposes of applying ss. 112.313(1)-(8), (10),
  357  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  358  president, senior managers, and members of the board of
  359  directors, those persons shall be considered public officers or
  360  employees and the corporation shall be considered their agency.
  361  The exemption set forth in s. 112.313(12) for advisory boards
  362  applies to the members of Enterprise Florida, Inc., board of
  363  directors. Further, each member of the board of directors who is
  364  not otherwise required to file financial disclosures pursuant to
  365  s. 8, Art. II of the State Constitution or s. 112.3144, shall
  366  file disclosure of financial interests pursuant to s. 112.3145.
  367         Section 12. For the purpose of incorporating the amendment
  368  made by this act to section 112.3143, Florida Statutes, in a
  369  reference thereto, paragraph (b) of subsection (2) of section
  370  288.92, Florida Statutes, is reenacted to read:
  371         288.92 Divisions of Enterprise Florida, Inc.—
  372         (2)
  373         (b)1. The following officers and board members are subject
  374  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  375  112.3143(2):
  376         a. Officers and members of the board of directors of the
  377  divisions of Enterprise Florida, Inc.
  378         b. Officers and members of the board of directors of
  379  subsidiaries of Enterprise Florida, Inc.
  380         c. Officers and members of the board of directors of
  381  corporations created to carry out the missions of Enterprise
  382  Florida, Inc.
  383         d. Officers and members of the board of directors of
  384  corporations with which a division is required by law to
  385  contract to carry out its missions.
  386         2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
  387  and (15); 112.3135; and 112.3143(2) to activities of the
  388  officers and members of the board of directors specified in
  389  subparagraph 1., those persons shall be considered public
  390  officers or employees and the corporation shall be considered
  391  their agency.
  392         Section 13. For the purpose of incorporating the amendment
  393  made by this act to section 112.3143, Florida Statutes, in a
  394  reference thereto, paragraph (a) of subsection (3) of section
  395  288.9604, Florida Statutes, is reenacted to read:
  396         288.9604 Creation of the authority.—
  397         (3)(a)1. A director may not receive compensation for his or
  398  her services, but is entitled to necessary expenses, including
  399  travel expenses, incurred in the discharge of his or her duties.
  400  Each director shall hold office until his or her successor has
  401  been appointed.
  402         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
  403  and (15); 112.3135; and 112.3143(2). For purposes of applying
  404  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  405  112.3143(2) to activities of directors, directors shall be
  406  considered public officers and the corporation shall be
  407  considered their agency.
  408         Section 14. This act shall take effect July 1, 2018.