February 16, 2020
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_h1421__
HB 1421

1
A bill to be entitled
2An act relating to the code of ethics for public officers
3and employees; amending s. 112.312, F.S.; redefining the
4terms "business entity," "candidate," and "gift" as they
5relate to the code of ethics for public officers and
6employees; amending s. 112.313, F.S.; providing standards
7of conduct for public officers and employees of state
8agencies with regard to improper influence in the
9performance of official duties; amending s. 112.3135,
10F.S.; prohibiting a public official from appointing,
11employing, or promoting a relative for a position in an
12agency in which the official is a member of the collegial
13body; providing penalties for the appointed or promoted
14relative and the public official; creating s. 112.3142,
15F.S.; providing legislative intent; providing definitions;
16providing that a covered public official does not have a
17conflict of interest or a voting conflict of interest in
18an economic interest if he or she holds an economic
19interest in a qualified blind trust; prohibiting the
20public official from attempting to influence or exercise
21control over decisions regarding the management of assets
22in a qualified blind trust; prohibiting the covered public
23official and any person having a beneficial interest in
24the qualified blind trust from obtaining information
25regarding the holdings of the trust; prohibiting
26communications about the qualified blind trust between the
27covered public official and the trustee; providing
28exceptions for such communications; requiring the covered
29public official to report certain assets and sources of
30income; providing requirements for a qualified blind
31trust; requiring the trust agreement to be filed with the
32Commission on Ethics; providing requirements for the trust
33agreement; requiring the public official to file an
34amendment to the trust agreement under certain
35circumstances; amending s. 112.3143, F.S.; defining the
36term "principal by whom the officer is retained" as it
37relates to voting conflicts for public officials;
38authorizing a state public officer who holds an elective
39office to vote in that official capacity on any matter
40under certain circumstances; prohibiting a state public
41officer who holds an appointive position and certain other
42officials from voting or participating in an official
43capacity under certain conditions; providing that a
44commissioner of a community redevelopment agency or an
45officer of an elected independent special tax district is
46not prohibited from voting in that capacity as long as he
47or she makes certain disclosures; prohibiting a public
48officer, employee of an agency, or local government
49attorney, knowing that a public officer has a voting
50conflict of interest as provided under this section, from
51aiding or assisting that public officer in order to
52influence a decision in such a way as to benefit the
53officer or his or her principal, relative, or business
54associate; amending s. 112.3144, F.S.; authorizing a
55candidate for office to file with the commission a copy of
56the full and public disclosure of financial interests used
57for purposes of qualifying as a candidate; amending s.
58112.3145, F.S.; redefining the terms "local officer" and
59"specified state employee" for the purpose of disclosing
60financial interests; authorizing a candidate for office to
61file with the commission a copy of the statement of
62financial interests used for purposes of qualifying as a
63candidate; requiring a person filing a statement of
64financial interests to indicate on the statement which
65method of calculation he or she is using to complete the
66statement; amending s. 112.3148, F.S.; redefining the term
67"procurement employee" and defining the term "vendor" for
68the purpose of reporting the receipt of certain gifts by
69procurement employees and certain individuals; prohibiting
70a reporting individual or procurement employee from
71soliciting or accepting any gift from a vendor doing
72business with the reporting individual's or procurement
73employee's agency; prohibiting a vendor doing business
74with the reporting individual's or procurement employee's
75agency from giving certain gifts to a reporting individual
76or procurement employee; amending s. 112.3149, F.S.;
77redefining the term "procurement employee" and defining
78the term "vendor" for the purpose of solicitation and
79disclosure of honoraria; prohibiting a reporting
80individual or procurement employee from accepting an
81honorarium from a vendor doing business with the reporting
82individual's or procurement employee's agency; prohibiting
83a vendor doing business with the reporting individual's or
84procurement employee's agency from giving an honorarium to
85a reporting individual or procurement employee; amending
86s. 112.317, F.S.; increasing certain civil penalties for
87violating the code of ethics for public officers and
88employees; revising the standard for the commission to use
89in determining if a complaint against a public officer or
90employee is false; amending s. 112.324, F.S.; requiring
91the commission to investigate any alleged violation of the
92code of ethics for public officers and employees, or any
93other alleged breach of the public trust within the
94jurisdiction of the commission, upon a written complaint
95or receipt of an information or referral; revising and
96clarifying procedures regarding violations of the code of
97ethics for public officers and employees; providing that
98the standard of proof for a finding of probable cause is
99by a preponderance of the evidence; amending s. 112.3215,
100F.S.; requiring the commission to investigate every sworn
101complaint that is filed alleging that certain persons have
102made a prohibited expenditure; requiring the commission to
103investigate any lobbyist or principal upon receipt of
104information from a sworn complaint or from a random audit
105of lobbying reports indicating a possible violation;
106providing for a civil penalty; amending s. 411.01, F.S.;
107conforming a cross-reference; providing an effective date.
108
109Be It Enacted by the Legislature of the State of Florida:
110
111     Section 1.  Subsections (5), (6), and (12) of section
112112.312, Florida Statutes, are amended to read:
113     112.312  Definitions.-As used in this part and for purposes
114of the provisions of s. 8, Art. II of the State Constitution,
115unless the context otherwise requires:
116     (5)  "Business entity" means any corporation, company,
117partnership, limited partnership, proprietorship, firm,
118enterprise, franchise, association, self-employed individual, or
119trust, whether fictitiously named or not, doing business in this
120state.
121     (6)  "Candidate" means any person who has filed a statement
122of financial interest and qualification papers, has subscribed
123to the candidate's oath as required by s. 99.021 or s. 105.031,
124and seeks by election to become a public officer. This
125definition expressly excludes a committeeman or committeewoman
126regulated by chapter 103 and persons seeking any other office or
127position in a political party.
128     (12)(a)  "Gift," for purposes of ethics in government and
129financial disclosure required by law, means that which is
130accepted by a donee or by another on the donee's behalf, or that
131which is paid or given to another for or on behalf of a donee,
132directly, indirectly, or in trust for the donee's benefit or by
133any other means, for which equal or greater consideration is not
134given within 90 days, including:
135     1.  Real property.
136     2.  The use of real property.
137     3.  Tangible or intangible personal property.
138     4.  The use of tangible or intangible personal property.
139     5.  A preferential rate or terms on a debt, loan, goods, or
140services, which rate is below the customary rate and is not
141either a government rate available to all other similarly
142situated government employees or officials or a rate which is
143available to similarly situated members of the public by virtue
144of occupation, affiliation, age, religion, sex, or national
145origin.
146     6.  Forgiveness of an indebtedness.
147     7.  Transportation, other than that provided to a public
148officer or employee by an agency in relation to officially
149approved governmental business, lodging, or parking.
150     8.  Food or beverage.
151     9.  Membership dues.
152     10.  Entrance fees, admission fees, or tickets to events,
153performances, or facilities.
154     11.  Plants, flowers, or floral arrangements.
155     12.  Services provided by persons pursuant to a
156professional license or certificate.
157     13.  Other personal services for which a fee is normally
158charged by the person providing the services.
159     14.  Any other similar service or thing having an
160attributable value not already provided for in this section.
161     (b)  "Gift" does not include:
162     1.  Salary, benefits, services, fees, commissions, gifts,
163or expenses associated primarily with the donee's employment,
164business, or service as an officer or director of a corporation
165or organization.
166     2.  Contributions or expenditures reported pursuant to
167chapter 106 or federal election law, campaign-related personal
168services provided without compensation by individuals
169volunteering their time, or any other contribution or
170expenditure by a political party.
171     3.  An honorarium or an expense related to an honorarium
172event paid to a person or the person's spouse.
173     4.  An award, plaque, certificate, or similar personalized
174item given in recognition of the donee's public, civic,
175charitable, or professional service.
176     5.  An honorary membership in a service or fraternal
177organization presented merely as a courtesy by such
178organization.
179     6.  The use of a public facility or public property, made
180available by a governmental agency, for a public purpose.
181     7.  Transportation provided to a public officer or employee
182by an agency in relation to officially approved governmental
183business.
184     8.  Gifts provided directly or indirectly by a state,
185regional, or national organization which promotes the exchange
186of ideas between, or the professional development of,
187governmental officials or employees, and whose membership is
188primarily composed of elected or appointed public officials or
189staff, to members of that organization or officials or staff of
190a governmental agency that is a member of that organization.
191     (c)  For the purposes of paragraph (a), "intangible
192personal property" means property as defined in s.
193192.001(11)(b).
194     (d)  For the purposes of paragraph (a), the term
195"consideration" does not include a promise to pay or otherwise
196provide something of value unless the promise is in writing and
197enforceable through the courts.
198     Section 2.  Subsection (18) is added to section 112.313,
199Florida Statutes, to read:
200     112.313  Standards of conduct for public officers,
201employees of agencies, and local government attorneys.-
202     (18)  PUBLIC OFFICERS AND EMPLOYEES OF A STATE AGENCY.-A
203public officer or employee of an agency may not knowingly, or
204with reason to know, act in a manner that would cause a
205reasonable person, having knowledge of the relevant
206circumstances, to conclude that any person can improperly
207influence or unduly enjoy his or her favor in the performance of
208his or her official duties, or that he or she is likely to act
209or fail to act as a result of kinship, rank, position, or undue
210influence of any party or person. It shall be deemed
211unreasonable to so conclude if such officer or employee has
212disclosed in writing to his or her appointing authority or, if
213no appointing authority exists, discloses in a manner that is
214public in nature, the facts that would otherwise lead to such a
215conclusion.
216     Section 3.  Paragraph (a) of subsection (2) of section
217112.3135, Florida Statutes, is amended to read:
218     112.3135  Restriction on employment of relatives.-
219     (2)(a)  A public official may not appoint, employ, promote,
220or advance, or advocate for appointment, employment, promotion,
221or advancement, in or to a position in the agency in which the
222official is serving or over which the official exercises
223jurisdiction or control, or the collegial body of which the
224official is a member, any individual who is a relative of the
225public official. An individual may not be appointed, employed,
226promoted, or advanced in or to a position in an agency if such
227appointment, employment, promotion, or advancement has been made
228or advocated by a public official, serving in or exercising
229jurisdiction or control over the agency, who is a relative of
230the individual or if such appointment, employment, promotion, or
231advancement is made by a collegial body of which a relative of
232the individual is a member. If a prohibited appointment,
233employment, promotion, or advancement occurs, both the official
234and the individual are subject to penalties under s. 112.317;
235however, if the appointment, employment, promotion, or
236advancement is made by the collegial body of which the official
237is a member without the official's participation, only the
238individual is subject to penalties under s. 112.317. However,
239This subsection does shall not apply to appointments to boards
240other than those with land-planning or zoning responsibilities
241in those municipalities with less than 35,000 population. This
242subsection does not apply to persons serving in a volunteer
243capacity who provide emergency medical, firefighting, or police
244services. Such persons may receive, without losing their
245volunteer status, reimbursements for the costs of any training
246they get relating to the provision of volunteer emergency
247medical, firefighting, or police services and payment for any
248incidental expenses relating to those services that they
249provide.
250     Section 4.  Section 112.3142, Florida Statutes, is created
251to read:
252     112.3142  Qualified blind trusts.-
253     (1)  The Legislature finds that if a trust is created by a
254public official and the official does not know the identity of
255the financial interests held by the trust and does not control
256the interests held by the trust, his or her official actions
257will not be influenced or appear to be influenced by private
258considerations. Thus, the public policy goal to be achieved
259through reliance on a blind trust is an actual "blindness," or
260lack of knowledge or control by the official with respect to the
261interests held in trust.
262     (2)  As used in this section, the term:
263     (a)  "Cabinet member" has the same meaning as in s. 20.03.
264     (b)  "Commission" means the Commission on Ethics.
265     (c)  "Covered public official" means the Governor, the
266Lieutenant Governor, and each member of the Cabinet.
267     (3)  If a covered public official holds an economic
268interest in a qualified blind trust, he or she does not have a
269conflict of interest prohibited under s. 112.313(3) or s.
270112.313(7) or a voting conflict of interest under s. 112.3143
271with regard to matters pertaining to that economic interest.
272     (4)  Except as otherwise provided in this section, the
273covered public official may not attempt to influence or exercise
274any control over decisions regarding the management of assets in
275a qualified blind trust. The covered public official and each
276person having a beneficial interest in the qualified blind trust
277may not make any effort to obtain information with respect to
278the holdings of the trust, including obtaining a copy of any
279trust tax return filed or any information relating thereto,
280except as otherwise provided in this section.
281     (5)  Except for communications that consist solely of
282requests for distributions of cash or other unspecified assets
283of the trust, there may not be any direct or indirect
284communication with respect to the trust between the covered
285public official or any person having a beneficial interest in
286the qualified blind trust and the trustee, unless such
287communication is in writing and unless it relates only to:
288     (a)  A request for a distribution from the trust which does
289not specify whether the distribution shall be made in cash or in
290kind;
291     (b)  The general financial interests and needs of the
292covered public official or interested person, including, but not
293limited to, an interest in maximizing income or long-term
294capital gain;
295     (c)  The notification of the trustee of a law or regulation
296subsequently applicable to the covered public official which
297prohibits the covered official from holding an asset and which
298notification directs that the asset not be held by the trust; or
299     (d)  Directions to the trustee to sell all of an asset
300initially placed in the trust by the covered public official
301which in the determination of the covered public official
302creates a conflict of interest or the appearance of a conflict
303of interest due to the subsequent assumption of duties by the
304public official.
305     (6)  The covered public official shall report as an asset
306on his or her financial disclosure forms the beneficial interest
307in the blind trust, and shall report its value if value is
308required to be disclosed. The covered public official shall
309report the blind trust as a primary source of income on his or
310her financial disclosure forms, and shall report its amount if
311the amount of income is required to be disclosed. The covered
312public official is not required to report as a secondary source
313of income any source of income to the blind trust.
314     (7)  In order to constitute a qualified blind trust, the
315trust must be established by the covered public official and
316meet the following requirements:
317     (a)  The person or entity appointed as a trustee must not
318be:
319     1.  The covered public official's spouse, child, parent,
320grandparent, grandchild, brother, sister, parent-in-law,
321brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
322the spouse of any such person;
323     2.  A person who is an elected or appointed public officer
324or a public employee; or
325     3.  A person who has been appointed to serve in an agency
326by the covered public official or by a public officer or public
327employee supervised by the covered public official.
328     (b)  The trust agreement that establishes the blind trust
329must:
330     1.  Contain a clear statement of its purpose, namely, to
331remove from the grantor control and knowledge of investment of
332trust assets so that conflicts between the grantor's
333responsibilities as a public official and his or her private
334interests will be eliminated.
335     2.  Give the trustee complete discretion to manage the
336trust, including, but not limited to, the power to dispose of
337and acquire trust assets without consulting or notifying the
338covered public official or any person having a beneficial
339interest in the trust.
340     3.  Prohibit communication between the trustee and the
341covered public official and any person having a beneficial
342interest in the trust concerning the holdings or sources of
343income of the trust, except amounts of cash value or net income
344or loss. However, such report may not identify any asset or
345holding, except as provided in this section.
346     4.  Provide that the trust tax return is to be prepared by
347the trustee or his or her designee, and that any information
348relating to the trust tax return is not to be disclosed to the
349covered public official or to any other beneficiary except as
350provided in this section.
351     5.  Allow the trustee to notify the covered public official
352of the date of disposition and value at disposition of any
353original investment or interests in real property to the extent
354required by federal tax law so that information can be reported
355on the covered public official's applicable tax returns.
356     6.  Prohibit the trustee from disclosing to the covered
357public official and any person having a beneficial interest in
358the trust any information concerning replacement assets to the
359trust, except for the minimum tax information that lists only
360the totals of taxable items from the trust and does not describe
361the source of individual items of income.
362     7.  Provide that the trustee may not invest trust assets in
363business entities that he or she knows are regulated by or do a
364significant amount of business with the covered public
365official's public agency.
366     8.  Provide that the trust is not effective until it is
367approved by the commission.
368     (c)  The obligations of the trustee and the official under
369the trust agreement must be observed by them.
370     (d)  The trust shall contain only readily marketable
371assets.
372     (e)  The trust must be approved by the commission as
373meeting the requirements of this section.
374     (8)  A copy of the trust agreement must be filed with the
375commission no later than 5 business days after the agreement is
376executed and must include:
377     (a)  A listing of the assets placed in the trust;
378     (b)  A statement detailing the date the agreement was
379executed;
380     (c)  The name and address of the trustee; and
381     (d)  A separate statement signed by the trustee, under
382penalty of perjury, certifying that he or she will not reveal
383any information to the covered public official or any person
384having a beneficial interest in the qualified blind trust,
385except for information that is authorized under this section,
386and that, to the best of the trustee's knowledge, the submitted
387blind trust agreement complies with this section.
388     (9)  If the trust is revoked while the covered public
389official is a public officer, or if the covered public official
390learns of any replacement assets that have been added to the
391trust, the covered public official must file an amendment to his
392or her most recent financial disclosure statement. The amendment
393must be filed no later than 60 days after the date of revocation
394or the addition of the replacement assets. The covered public
395official must disclose the previously unreported pro rata share
396of the trust's interests in investments or income deriving from
397any such investments. For purposes of this section, any replaced
398asset of which the covered public official learns shall
399thereafter be treated as though the asset were an original asset
400of the trust.
401     Section 5.  Section 112.3143, Florida Statutes, is amended
402to read:
403     112.3143  Voting conflicts.-
404     (1)  As used in this section, the term:
405     (a)  "Principal by whom the officer is retained" means an
406individual or entity, other than an agency as defined in s.
407112.312(2), which for compensation, salary, pay, consideration,
408or similar thing of value, has permitted or directed another to
409act for the individual or entity, and includes, but is not
410limited to, one's client, employer, or master, or the parent,
411subsidiary, or sibling organization of one's client, employer,
412or master.
413     (b)(a)  "Public officer" includes any person elected or
414appointed to hold office in any agency, including any person
415serving on an advisory body.
416     (c)(b)  "Relative" means any father, mother, son, daughter,
417husband, wife, brother, sister, father-in-law, mother-in-law,
418son-in-law, or daughter-in-law.
419     (2)  A No state public officer holding an elective office
420is not prohibited from voting in that an official capacity on
421any matter. However, when any state public officer voting in an
422official capacity upon any measure that which would inure to the
423officer's special private gain or loss; that which he or she
424knows would inure to the special private gain or loss of any
425principal by whom the officer is retained or to the parent
426organization or subsidiary of a corporate principal by which the
427officer is retained; or that which the officer knows would inure
428to the special private gain or loss of a relative or business
429associate of the public officer, the officer shall, within 15
430days after the vote occurs, disclose the nature of all of his or
431her interests in the matter and disclose the nature of all of
432the interests of his or her principals, relatives, or business
433associates which are known to him or her his or her interest as
434a public record in a memorandum filed with the person
435responsible for recording the minutes of the meeting, who shall
436incorporate the memorandum in the minutes.
437     (3)(a)  A state public officer holding an appointive
438position and a No county, municipal, or other local public
439officer may not shall vote in an official capacity upon any
440measure that which would inure to his or her special private
441gain or loss; that which he or she knows would inure to the
442special private gain or loss of any principal by whom he or she
443is retained or to the parent organization or subsidiary of a
444corporate principal by which he or she is retained, other than
445an agency as defined in s. 112.312(2); or that which he or she
446knows would inure to the special private gain or loss of a
447relative or business associate of the public officer. Such
448public officer shall, before prior to the vote is being taken,
449publicly state to the assembly the nature of all
450officer's interests, and all of the interests of his or her
451principals, relatives, or business associates which are known to
452him or her, interest in the matter from which he or she is
453abstaining from voting and, within 15 days after the vote
454occurs, disclose the nature of all of his or her interests in
455the matter and disclose the nature of all of the interests of
456his or her principals, relatives, or business associates which
457are known to him or her, his or her interest as a public record
458in a memorandum filed with the person responsible for recording
459the minutes of the meeting, who shall incorporate the memorandum
460in the minutes.
461     (b)  However, a commissioner of a community redevelopment
462agency created or designated pursuant to s. 163.356 or s.
463163.357, or an officer of an independent special tax district
464elected on a one-acre, one-vote basis, is not prohibited from
465voting, when voting in said capacity.
466     (4)  A state public officer holding an appointive position,
467and a county, municipal, or other local No appointed public
468officer may not shall participate in any matter that which would
469inure to the officer's special private gain or loss; that which
470the officer knows would inure to the special private gain or
471loss of any principal by whom he or she is retained or to the
472parent organization or subsidiary of a corporate principal by
473which he or she is retained; or that which he or she knows would
474inure to the special private gain or loss of a relative or
475business associate of the public officer, without first
476disclosing the nature of his or her interest in the matter.
477     (5)  A commissioner of a community redevelopment agency
478created or designated pursuant to s. 163.356 or s. 163.357, or
479an officer of an independent special tax district elected on a
480one-acre, one-vote basis, is not prohibited from voting in that
481capacity, but must make the disclosures provided for in
482subsection (3). In addition, such officer may not participate in
483such a measure without first disclosing the nature of his or her
484interest and those of his or her principal, relative, or
485business associate in the matter.
486     (a)  Such disclosure, indicating the nature of the
487conflict, shall be made in a written memorandum filed with the
488person responsible for recording the minutes of the meeting,
489prior to the meeting in which consideration of the matter will
490take place, and shall be incorporated into the minutes. Any such
491memorandum shall become a public record upon filing, shall
492immediately be provided to the other members of the agency, and
493shall be read publicly at the next meeting held subsequent to
494the filing of this written memorandum.
495     (b)  If In the event that disclosure has not been made
496before prior to the meeting or if that any conflict is unknown
497before prior to the meeting, the disclosure shall be made orally
498at the meeting when it becomes known that a conflict exists. A
499written memorandum disclosing the nature of the conflict shall
500then be filed within 15 days after the oral disclosure with the
501person responsible for recording the minutes of the meeting and
502shall be incorporated into the minutes of the meeting at which
503the oral disclosure was made. Any such memorandum shall become a
504public record upon filing, shall immediately be provided to the
505other members of the agency, and shall be read publicly at the
506next meeting held subsequent to the filing of this written
507memorandum.
508     (6)(c)  For purposes of this section subsection, the term
509"participate" means any attempt to influence the decision by
510oral or written communication to any officer, employee, or
511member of the agency, whether made by the officer or at the
512officer's direction.
513     (7)(5)  Whenever a public officer or former public officer
514is being considered for appointment or reappointment to public
515office, the appointing body shall consider the number and nature
516of the memoranda of conflict previously filed under this section
517by the said officer.
518     (8)  A public officer, employee of an agency, or local
519government attorney, knowing that a public officer has a voting
520conflict of interest as provided under this section, may not aid
521or assist that public officer in order to influence the decision
522in such a way as to benefit the officer or his or her principal,
523relative, or business associate.
524     Section 6.  Subsection (2) of section 112.3144, Florida
525Statutes, is amended to read:
526     112.3144  Full and public disclosure of financial
527interests.-
528     (2)  A person who is required, pursuant to s. 8, Art. II of
529the State Constitution, to file a full and public disclosure of
530financial interests and who has filed a full and public
531disclosure of financial interests for any calendar or fiscal
532year is shall not be required to file a statement of financial
533interests pursuant to s. 112.3145(2) and (3) for the same year
534or for any part thereof notwithstanding any requirement of this
535part., except that A candidate for office who has filed a full
536and public disclosure of financial interests when qualifying as
537a candidate before July 1 may file a copy of that disclosure,
538instead of filing a second original disclosure, with the
539commission as the annual disclosure required under this section.
540A candidate who does not qualify until after the annual full and
541public disclosure has been filed under this section shall file a
542copy of his or her disclosure with the officer before whom he or
543she qualifies.
544     Section 7.  Subsections (1), (2), and (3) of section
545112.3145, Florida Statutes, are amended to read:
546     112.3145  Disclosure of financial interests and clients
547represented before agencies.-
548     (1)  For purposes of this section, unless the context
549otherwise requires, the term:
550     (a)  "Local officer" means:
551     1.  Every person who is elected to office in any political
552subdivision of the state, and every person who is appointed to
553fill a vacancy for an unexpired term in such an elective office.
554     2.  Any appointed member of any of the following boards,
555councils, commissions, authorities, or other bodies of any
556county, municipality, school district, independent special
557district, or other political subdivision of the state:
558     a.  The governing body of the political subdivision, if
559appointed;
560     b.  An expressway authority or transportation authority
561established by general law;
562     b.c.  A community college or junior college district board
563of trustees;
564     c.d.  A board having the power to enforce local code
565provisions;
566     d.e.  A planning or zoning board, board of adjustment,
567board of appeals, community redevelopment agency board, or other
568board having the power to recommend, create, or modify land
569planning or zoning within the political subdivision, except for
570citizen advisory committees, technical coordinating committees,
571and such other groups who only have the power to make
572recommendations to planning or zoning boards;
573     e.f.  A pension board or retirement board having the power
574to invest pension or retirement funds or the power to make a
575binding determination of one's entitlement to or amount of a
576pension or other retirement benefit; or
577     f.g.  Any other appointed member of a local government
578board who is required to file a statement of financial interests
579by the appointing authority or the enabling legislation,
580ordinance, or resolution creating the board.
581     3.  Any person holding one or more of the following
582positions: mayor; county or city manager; chief administrative
583employee of a county, municipality, or other political
584subdivision; county or municipal attorney; finance director of a
585county, municipality, or other political subdivision; chief
586county or municipal building code inspector; county or municipal
587water resources coordinator; county or municipal pollution
588control director; county or municipal environmental control
589director; county or municipal administrator, with power to grant
590or deny a land development permit; chief of police; fire chief;
591municipal clerk; district school superintendent; community
592college president; district medical examiner; or purchasing
593agent having the authority to make any purchase exceeding the
594threshold amount provided for in s. 287.017 for CATEGORY ONE, on
595behalf of any political subdivision of the state or any entity
596thereof.
597     (b)  "Specified state employee" means:
598     1.  Public counsel created by chapter 350, an assistant
599state attorney, an assistant public defender, a criminal
600conflict and civil regional counsel, an assistant criminal
601conflict and civil regional counsel, a full-time state employee
602who serves as counsel or assistant counsel to any state agency,
603the Deputy Chief Judge of Compensation Claims, a judge of
604compensation claims, an administrative law judge, or a hearing
605officer.
606     2.  Any person employed in the office of the Governor or in
607the office of any member of the Cabinet if that person is exempt
608from the Career Service System, except persons employed in
609clerical, secretarial, or similar positions.
610     3.  The State Surgeon General or each appointed secretary,
611assistant secretary, deputy secretary, executive director,
612assistant executive director, or deputy executive director of
613each state department, commission, board, or council; unless
614otherwise provided, the division director, assistant division
615director, deputy director, bureau chief, and assistant bureau
616chief of any state department or division; or any person having
617the power normally conferred upon such persons, by whatever
618title.
619     4.  The superintendent or institute director of a state
620mental health institute established for training and research in
621the mental health field or the warden or director of any major
622state institution or facility established for corrections,
623training, treatment, or rehabilitation.
624     5.  Business managers, purchasing agents having the power
625to make any purchase exceeding the threshold amount provided for
626in s. 287.017 for CATEGORY ONE, finance and accounting
627directors, personnel officers, or grants coordinators for any
628state agency.
629     6.  Any person, other than a legislative assistant exempted
630by the presiding officer of the house by which the legislative
631assistant is employed, who is employed in the legislative branch
632of government, except persons employed in maintenance, clerical,
633secretarial, or similar positions.
634     7.  Each employee of the Commission on Ethics.
635     (c)  "State officer" means:
636     1.  Any elected public officer, excluding those elected to
637the United States Senate and House of Representatives, not
638covered elsewhere in this part and any person who is appointed
639to fill a vacancy for an unexpired term in such an elective
640office.
641     2.  An appointed member of each board, commission,
642authority, or council having statewide jurisdiction, excluding a
643member of an advisory body.
644     3.  A member of the Board of Governors of the State
645University System or a state university board of trustees, the
646Chancellor and Vice Chancellors of the State University System,
647and the president of a state university.
648     4.  A member of the judicial nominating commission for any
649district court of appeal or any judicial circuit.
650     (2)(a)  A person seeking nomination or election to a state
651or local elective office shall file a statement of financial
652interests together with, and at the same time he or she files,
653qualifying papers. A candidate for office who has filed a
654statement of financial interests when qualifying as a candidate
655before July 1 may file a copy of that statement, instead of
656filing a second original statement, as the annual disclosure
657required under this section. A candidate who does not qualify
658until after the annual statement of financial interests has been
659filed under this section shall file a copy of his or her
660disclosure with the officer before whom he or she qualifies.
661     (b)  Each state or local officer and each specified state
662employee shall file a statement of financial interests no later
663than July 1 of each year. Each state officer, local officer, and
664specified state employee shall file a final statement of
665financial interests within 60 days after leaving his or her
666public position for the period between January 1 of the year in
667which the person leaves and the last day of office or
668employment, unless within the 60-day period the person takes
669another public position requiring financial disclosure under
670this section or s. 8, Art. II of the State Constitution or
671otherwise is required to file full and public disclosure or a
672statement of financial interests for the final disclosure
673period. Each state or local officer who is appointed and each
674specified state employee who is employed shall file a statement
675of financial interests within 30 days from the date of
676appointment or, in the case of a specified state employee, from
677the date on which the employment begins, except that any person
678whose appointment is subject to confirmation by the Senate shall
679file prior to confirmation hearings or within 30 days from the
680date of appointment, whichever comes first.
681     (c)  State officers and specified state employees shall
682file their statements of financial interests with the Commission
683on Ethics. Local officers shall file their statements of
684financial interests with the supervisor of elections of the
685county in which they permanently reside. Local officers who do
686not permanently reside in any county in the state shall file
687their statements of financial interests with the supervisor of
688elections of the county in which their agency maintains its
689headquarters. Persons seeking to qualify as candidates for local
690public office shall file their statements of financial interests
691with the officer before whom they qualify.
692     (3)  The statement of financial interests for state
693officers, specified state employees, local officers, and persons
694seeking to qualify as candidates for state or local office shall
695be filed even if the reporting person holds no financial
696interests requiring disclosure, in which case the statement
697shall be marked "not applicable." Otherwise, the statement of
698financial interests shall include, at the filer's option,
699either:
700     (a)1.  All sources of income in excess of 5 percent of the
701gross income received during the disclosure period by the person
702in his or her own name or by any other person for his or her use
703or benefit, excluding public salary. However, this shall not be
704construed to require disclosure of a business partner's sources
705of income. The person reporting shall list such sources in
706descending order of value with the largest source first;
707     2.  All sources of income to a business entity in excess of
70810 percent of the gross income of a business entity in which the
709reporting person held a material interest and from which he or
710she received an amount which was in excess of 10 percent of his
711or her gross income during the disclosure period and which
712exceeds $1,500. The period for computing the gross income of the
713business entity is the fiscal year of the business entity which
714ended on, or immediately prior to, the end of the disclosure
715period of the person reporting;
716     3.  The location or description of real property in this
717state, except for residences and vacation homes, owned directly
718or indirectly by the person reporting, when such person owns in
719excess of 5 percent of the value of such real property, and a
720general description of any intangible personal property worth in
721excess of 10 percent of such person's total assets. For the
722purposes of this paragraph, indirect ownership does not include
723ownership by a spouse or minor child; and
724     4.  Every individual liability that equals more than the
725reporting person's net worth; or
726     (b)1.  All sources of gross income in excess of $2,500
727received during the disclosure period by the person in his or
728her own name or by any other person for his or her use or
729benefit, excluding public salary. However, this shall not be
730construed to require disclosure of a business partner's sources
731of income. The person reporting shall list such sources in
732descending order of value with the largest source first;
733     2.  All sources of income to a business entity in excess of
73410 percent of the gross income of a business entity in which the
735reporting person held a material interest and from which he or
736she received gross income exceeding $5,000 during the disclosure
737period. The period for computing the gross income of the
738business entity is the fiscal year of the business entity which
739ended on, or immediately prior to, the end of the disclosure
740period of the person reporting;
741     3.  The location or description of real property in this
742state, except for residence and vacation homes, owned directly
743or indirectly by the person reporting, when such person owns in
744excess of 5 percent of the value of such real property, and a
745general description of any intangible personal property worth in
746excess of $10,000. For the purpose of this paragraph, indirect
747ownership does not include ownership by a spouse or minor child;
748and
749     4.  Every liability in excess of $10,000.
750
751A person filing a statement of financial interests shall
752indicate on the statement whether he or she is using the method
753specified in paragraph (a) or the method specified in paragraph
754(b).
755     Section 8.  Subsections (2), (3), (4), and (5) of section
756112.3148, Florida Statutes, are amended to read:
757     112.3148  Reporting and prohibited receipt of gifts by
758individuals filing full or limited public disclosure of
759financial interests and by procurement employees.-
760     (2)  As used in this section:
761     (a)  "Immediate family" means any parent, spouse, child, or
762sibling.
763     (b)1.  "Lobbyist" means any natural person who, for
764compensation, seeks, or sought during the preceding 12 months,
765to influence the governmental decisionmaking of a reporting
766individual or procurement employee or his or her agency or
767seeks, or sought during the preceding 12 months, to encourage
768the passage, defeat, or modification of any proposal or
769recommendation by the reporting individual or procurement
770employee or his or her agency.
771     2.  With respect to an agency that has established by rule,
772ordinance, or law a registration process for persons seeking to
773influence decisionmaking or to encourage the passage, defeat, or
774modification of any proposal or recommendation by such agency or
775an employee or official of the agency, the term "lobbyist"
776includes only a person who is required to be registered as a
777lobbyist in accordance with such rule, ordinance, or law or who
778was during the preceding 12 months required to be registered as
779a lobbyist in accordance with such rule, ordinance, or law. At a
780minimum, such a registration system must require the
781registration of, or must designate, persons as "lobbyists" who
782engage in the same activities as require registration to lobby
783the Legislature pursuant to s. 11.045.
784     (c)  "Person" includes individuals, firms, associations,
785joint ventures, partnerships, estates, trusts, business trusts,
786syndicates, fiduciaries, corporations, and all other groups or
787combinations.
788     (d)  "Reporting individual" means any individual, including
789a candidate upon qualifying, who is required by law, pursuant to
790s. 8, Art. II of the State Constitution or s. 112.3145, to file
791full or limited public disclosure of his or her financial
792interests or any individual who has been elected to, but has yet
793to officially assume the responsibilities of, public office. For
794purposes of implementing this section, the "agency" of a
795reporting individual who is not an officer or employee in public
796service is the agency to which the candidate seeks election, or
797in the case of an individual elected to but yet to formally take
798office, the agency in which the individual has been elected to
799serve.
800     (e)  "Procurement employee" means any employee of an
801officer, department, board, commission, or council, or agency of
802the executive branch or judicial branch of state government who
803has participated in the preceding 12 months participates through
804decision, approval, disapproval, recommendation, preparation of
805any part of a purchase request, influencing the content of any
806specification or procurement standard, rendering of advice,
807investigation, or auditing or in any other advisory capacity in
808the procurement of contractual services or commodities as
809defined in s. 287.012, if the cost of such services or
810commodities exceeds or is expected to exceed $10,000 $1,000 in
811any fiscal year.
812     (f)  "Vendor" means a business entity doing business
813directly with an agency, such as renting, leasing, or selling
814any realty, goods, or services.
815     (3)  A reporting individual or procurement employee is
816prohibited from soliciting any gift from a political committee
817or committee of continuous existence, as defined in s. 106.011,
818from a vendor doing business with the reporting individual's or
819procurement employee's agency, or from a lobbyist who lobbies
820the reporting individual's or procurement employee's agency, or
821the partner, firm, employer, or principal of such lobbyist, if
822where such gift is for the personal benefit of the reporting
823individual or procurement employee, another reporting individual
824or procurement employee, or any member of the immediate family
825of a reporting individual or procurement employee.
826     (4)  A reporting individual or procurement employee or any
827other person on his or her behalf is prohibited from knowingly
828accepting, directly or indirectly, a gift from a political
829committee or committee of continuous existence, as defined in s.
830106.011, from a vendor doing business with the reporting
831individual's or procurement employee's agency, or from a
832lobbyist who lobbies the reporting individual's or procurement
833employee's agency, or directly or indirectly on behalf of the
834partner, firm, employer, or principal of a lobbyist, if he or
835she knows or reasonably believes that the gift has a value in
836excess of $100; however, such a gift may be accepted by such
837person on behalf of a governmental entity or a charitable
838organization. If the gift is accepted on behalf of a
839governmental entity or charitable organization, the person
840receiving the gift shall not maintain custody of the gift for
841any period of time beyond that reasonably necessary to arrange
842for the transfer of custody and ownership of the gift.
843     (5)(a)  A political committee or a committee of continuous
844existence, as defined in s. 106.011; a vendor doing business
845with the reporting individual's or procurement employee's
846agency; a lobbyist who lobbies a reporting individual's or
847procurement employee's agency; the partner, firm, employer, or
848principal of a lobbyist; or another on behalf of the lobbyist or
849partner, firm, principal, or employer of the lobbyist is
850prohibited from giving, either directly or indirectly, a gift
851that has a value in excess of $100 to the reporting individual
852or procurement employee or any other person on his or her
853behalf; however, such person may give a gift having a value in
854excess of $100 to a reporting individual or procurement employee
855if the gift is intended to be transferred to a governmental
856entity or a charitable organization.
857     (b)  However, a person who is regulated by this subsection,
858who is not regulated by subsection (6), and who makes, or
859directs another to make, an individual gift having a value in
860excess of $25, but not in excess of $100, other than a gift
861which the donor knows will be accepted on behalf of a
862governmental entity or charitable organization, must file a
863report on the last day of each calendar quarter, for the
864previous calendar quarter in which a reportable gift is made.
865The report shall be filed with the Commission on Ethics, except
866with respect to gifts to reporting individuals of the
867legislative branch, in which case the report shall be filed with
868the Division of Legislative Information Services in the Office
869of Legislative Services. The report must contain a description
870of each gift, the monetary value thereof, the name and address
871of the person making such gift, the name and address of the
872recipient of the gift, and the date such gift is given. In
873addition, when a gift is made which requires the filing of a
874report under this subsection, the donor must notify the intended
875recipient at the time the gift is made that the donor, or
876another on his or her behalf, will report the gift under this
877subsection. Under this paragraph, a gift need not be reported by
878more than one person or entity.
879     Section 9.  Subsections (1), (3), and (4) of section
880112.3149, Florida Statutes, are amended to read:
881     112.3149  Solicitation and disclosure of honoraria.-
882     (1)  As used in this section:
883     (a)  "Honorarium" means a payment of money or anything of
884value, directly or indirectly, to a reporting individual or
885procurement employee, or to any other person on his or her
886behalf, as consideration for:
887     1.  A speech, address, oration, or other oral presentation
888by the reporting individual or procurement employee, regardless
889of whether presented in person, recorded, or broadcast over the
890media.
891     2.  A writing by the reporting individual or procurement
892employee, other than a book, which has been or is intended to be
893published.
894
895The term "honorarium" does not include the payment for services
896related to employment held outside the reporting individual's or
897procurement employee's public position which resulted in the
898person becoming a reporting individual or procurement employee,
899any ordinary payment or salary received in consideration for
900services related to the reporting individual's or procurement
901employee's public duties, a campaign contribution reported
902pursuant to chapter 106, or the payment or provision of actual
903and reasonable transportation, lodging, and food and beverage
904expenses related to the honorarium event, including any event or
905meeting registration fee, for a reporting individual or
906procurement employee and spouse.
907     (b)  "Person" includes individuals, firms, associations,
908joint ventures, partnerships, estates, trusts, business trusts,
909syndicates, fiduciaries, corporations, and all other groups or
910combinations.
911     (c)  "Reporting individual" means any individual who is
912required by law, pursuant to s. 8, Art. II of the State
913Constitution or s. 112.3145, to file a full or limited public
914disclosure of his or her financial interests.
915     (d)1.  "Lobbyist" means any natural person who, for
916compensation, seeks, or sought during the preceding 12 months,
917to influence the governmental decisionmaking of a reporting
918individual or procurement employee or his or her agency or
919seeks, or sought during the preceding 12 months, to encourage
920the passage, defeat, or modification of any proposal or
921recommendation by the reporting individual or procurement
922employee or his or her agency.
923     2.  With respect to an agency that has established by rule,
924ordinance, or law a registration process for persons seeking to
925influence decisionmaking or to encourage the passage, defeat, or
926modification of any proposal or recommendation by such agency or
927an employee or official of the agency, the term "lobbyist"
928includes only a person who is required to be registered as a
929lobbyist in accordance with such rule, ordinance, or law or who
930was during the preceding 12 months required to be registered as
931a lobbyist in accordance with such rule, ordinance, or law. At a
932minimum, such a registration system must require the
933registration of, or must designate, persons as "lobbyists" who
934engage in the same activities as require registration to lobby
935the Legislature pursuant to s. 11.045.
936     (e)  "Procurement employee" means any employee of an
937officer, department, board, commission, or council, or agency of
938the executive branch or judicial branch of state government who
939has participated in the preceding 12 months participates through
940decision, approval, disapproval, recommendation, preparation of
941any part of a purchase request, influencing the content of any
942specification or procurement standard, rendering of advice,
943investigation, or auditing or in any other advisory capacity in
944the procurement of contractual services or commodities as
945defined in s. 287.012, if the cost of such services or
946commodities exceeds or is expected to exceed $10,000 $1,000 in
947any fiscal year.
948     (f)  "Vendor" means a business entity doing business
949directly with an agency, such as renting, leasing, or selling
950any realty, goods, or services.
951     (3)  A reporting individual or procurement employee is
952prohibited from knowingly accepting an honorarium from a
953political committee or committee of continuous existence, as
954defined in s. 106.011, from a vendor doing business with the
955reporting individual's or procurement employee's agency, from a
956lobbyist who lobbies the reporting individual's or procurement
957employee's agency, or from the employer, principal, partner, or
958firm of such a lobbyist.
959     (4)  A political committee or committee of continuous
960existence, as defined in s. 106.011, a vendor doing business
961with the reporting individual's or procurement employee's
962agency, a lobbyist who lobbies a reporting individual's or
963procurement employee's agency, or the employer, principal,
964partner, or firm of such a lobbyist is prohibited from giving an
965honorarium to a reporting individual or procurement employee.
966     Section 10.  Subsections (1) and (7) of section 112.317,
967Florida Statutes, are amended to read:
968     112.317  Penalties.-
969     (1)  Violation of any provision of this part, including,
970but not limited to, any failure to file any disclosures required
971by this part or violation of any standard of conduct imposed by
972this part, or violation of any provision of s. 8, Art. II of the
973State Constitution, in addition to any criminal penalty or other
974civil penalty involved, shall, under applicable constitutional
975and statutory procedures, constitute grounds for, and may be
976punished by, one or more of the following:
977     (a)  In the case of a public officer:
978     1.  Impeachment.
979     2.  Removal from office.
980     3.  Suspension from office.
981     4.  Public censure and reprimand.
982     5.  Forfeiture of no more than one-third salary per month
983for no more than 12 months.
984     6.  A civil penalty not to exceed $50,000 $10,000.
985     7.  Restitution of any pecuniary benefits received because
986of the violation committed. The commission may recommend that
987the restitution penalty be paid to the agency of which the
988public officer was a member or to the General Revenue Fund.
989     (b)  In the case of an employee or a person designated as a
990public officer by this part who otherwise would be deemed to be
991an employee:
992     1.  Dismissal from employment.
993     2.  Suspension from employment for not more than 90 days
994without pay.
995     3.  Demotion.
996     4.  Reduction in salary level.
997     5.  Forfeiture of no more than one-third salary per month
998for no more than 12 months.
999     6.  A civil penalty not to exceed $50,000 $10,000.
1000     7.  Restitution of any pecuniary benefits received because
1001of the violation committed. The commission may recommend that
1002the restitution penalty be paid to the agency by which the
1003public employee was employed, or of which the officer was deemed
1004to be an employee, or to the General Revenue Fund.
1005     8.  Public censure and reprimand.
1006     (c)  In the case of a candidate who violates the provisions
1007of this part or s. 8(a) and (i), Art. II of the State
1008Constitution:
1009     1.  Disqualification from being on the ballot.
1010     2.  Public censure.
1011     3.  Reprimand.
1012     4.  A civil penalty not to exceed $50,000 $10,000.
1013     (d)  In the case of a former public officer or employee who
1014has violated a provision applicable to former officers or
1015employees or whose violation occurred before the officer's or
1016employee's leaving public office or employment:
1017     1.  Public censure and reprimand.
1018     2.  A civil penalty not to exceed $50,000 $10,000.
1019     3.  Restitution of any pecuniary benefits received because
1020of the violation committed. The commission may recommend that
1021the restitution penalty be paid to the agency of the public
1022officer or employee or to the General Revenue Fund.
1023     (e)  In the case of a person who is subject to the
1024standards of this part, other than a lobbyist or lobbying firm
1025under s. 112.3215 for a violation of s. 112.3215, but who is not
1026a public officer or employee:
1027     1.  Public censure and reprimand.
1028     2.  A civil penalty not to exceed $50,000 $10,000.
1029     3.  Restitution of any pecuniary benefits received because
1030of the violation committed. The commission may recommend that
1031the restitution penalty be paid to the agency of the person or
1032to the General Revenue Fund.
1033     (7)  In any case in which the commission determines that a
1034person has filed a complaint against a public officer or
1035employee with actual malice a malicious intent to injure the
1036reputation of such officer or employee by filing the complaint
1037with knowledge that the complaint contains one or more false
1038allegations or with reckless disregard for whether the complaint
1039contains false allegations of fact material to a violation of
1040this part, the complainant shall be liable for costs plus
1041reasonable attorney's fees incurred in the defense of the person
1042complained against, including the costs and reasonable
1043attorney's fees incurred in proving entitlement to and the
1044amount of costs and fees. If the complainant fails to pay such
1045costs and fees voluntarily within 30 days following such finding
1046by the commission, the commission shall forward such information
1047to the Department of Legal Affairs, which shall bring a civil
1048action in a court of competent jurisdiction to recover the
1049amount of such costs and fees awarded by the commission.
1050     Section 11.  Subsections (1), (3), (4), (5), (8), and (11)
1051of section 112.324, Florida Statutes, are amended to read:
1052     112.324  Procedures on complaints of violations; public
1053records and meeting exemptions.-
1054     (1)  Upon a written complaint executed on a form prescribed
1055by the commission and signed under oath or affirmation by any
1056person, The commission shall investigate any alleged violation
1057of this part or any other alleged breach of the public trust
1058within the jurisdiction of the commission as provided in s.
10598(f), Art. II of the State Constitution in accordance with
1060procedures set forth in this section upon:
1061     (a)  A written complaint executed on a form prescribed by
1062the commission and signed under oath or affirmation by any
1063person;
1064     (b)  Receipt of reliable and publicly disseminated
1065information that seven members of the commission deem sufficient
1066to indicate a breach of the public trust. Commission staff may
1067not undertake any formal investigation other than collecting
1068publicly disseminated information before a determination of
1069sufficiency by the commission; or
1070     (c)  Receipt of a written referral of a possible violation
1071of this part or other possible breach of the public trust from
1072the Governor, the Chief Financial Officer, a state attorney, the
1073executive director of the Department of Law Enforcement, or
1074statewide prosecutor, which seven members of the commission deem
1075sufficient to indicate a breach of the public trust. herein.
1076
1077Within 5 days after receipt of a complaint by the commission or
1078after a determination by the commission that the information or
1079referral received is deemed sufficient, a copy shall be
1080transmitted to the alleged violator.
1081     (3)  A preliminary investigation shall be undertaken by the
1082commission of each legally sufficient complaint, information, or
1083referral over which the commission has jurisdiction to determine
1084whether there is probable cause to believe that a violation has
1085occurred. If, upon completion of the preliminary investigation,
1086the commission finds no probable cause to believe that this part
1087has been violated or that any other breach of the public trust
1088has been committed, the commission shall dismiss the complaint
1089or proceeding with the issuance of a public report to the
1090complainant and the alleged violator, stating with particularity
1091its reasons for dismissal of the complaint. At that time, the
1092complaint, the proceeding, and all materials relating to the
1093complaint and the proceeding shall become a matter of public
1094record. If the commission finds from the preliminary
1095investigation probable cause to believe that this part has been
1096violated or that any other breach of the public trust has been
1097committed, it shall so notify the complainant and the alleged
1098violator in writing. Such notification and all documents made or
1099received in the disposition of the complaint or proceeding shall
1100then become public records. Upon request submitted to the
1101commission in writing, any person who the commission finds
1102probable cause to believe has violated any provision of this
1103part or has committed any other breach of the public trust shall
1104be entitled to a public hearing. Such person shall be deemed to
1105have waived the right to a public hearing if the request is not
1106received within 14 days following the mailing of the probable
1107cause notification required by this subsection. However, the
1108commission may on its own motion, require a public hearing, may
1109conduct such further investigation as it deems necessary, and
1110may enter into such stipulations and settlements as it finds to
1111be just and in the best interest of the state. The standard of
1112proof shall be a preponderance of the evidence. The commission
1113is without jurisdiction to, and no respondent may voluntarily or
1114involuntarily, enter into a stipulation or settlement which
1115imposes any penalty, including, but not limited to, a sanction
1116or admonition or any other penalty contained in s. 112.317.
1117Penalties shall be imposed only by the appropriate disciplinary
1118authority as designated in this section.
1119     (4)  If, in cases pertaining to members of the Legislature,
1120upon completion of a full and final investigation by the
1121commission, the commission finds that there has been a violation
1122of this part or of any provision of s. 8, Art. II of the State
1123Constitution, the commission shall forward a copy of the
1124complaint, information, or referral and its findings by
1125certified mail to the President of the Senate or the Speaker of
1126the House of Representatives, whichever is applicable, who shall
1127refer the matter complaint to the appropriate committee for
1128investigation and action which shall be governed by the rules of
1129its respective house. It shall be the duty of the committee to
1130report its final action upon the matter complaint to the
1131commission within 90 days after of the date of transmittal to
1132the respective house. Upon request of the committee, the
1133commission shall submit a recommendation as to what penalty, if
1134any, should be imposed. In the case of a member of the
1135Legislature, the house in which the member serves shall have the
1136power to invoke the penalty provisions of this part.
1137     (5)  If, in cases pertaining to complaints against
1138impeachable officers, upon completion of a full and final
1139investigation by the commission, the commission finds that there
1140has been a violation of this part or of any provision of s. 8,
1141Art. II of the State Constitution, and the commission finds that
1142the violation may constitute grounds for impeachment, the
1143commission shall forward a copy of the complaint, information,
1144or referral and its findings by certified mail to the Speaker of
1145the House of Representatives, who shall refer the matter
1146complaint to the appropriate committee for investigation and
1147action which shall be governed by the rules of the House of
1148Representatives. It shall be the duty of the committee to report
1149its final action upon the matter complaint to the commission
1150within 90 days after of the date of transmittal.
1151     (8)  If, in cases pertaining to complaints other than
1152complaints against impeachable officers or members of the
1153Legislature, upon completion of a full and final investigation
1154by the commission, the commission finds that there has been a
1155violation of this part or of s. 8, Art. II of the State
1156Constitution, it shall be the duty of the commission to report
1157its findings and recommend appropriate action to the proper
1158disciplinary official or body as follows, and such official or
1159body shall have the power to invoke the penalty provisions of
1160this part, including the power to order the appropriate
1161elections official to remove a candidate from the ballot for a
1162violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
1163State Constitution:
1164     (a)  The President of the Senate and the Speaker of the
1165House of Representatives, jointly, in any case concerning the
1166Public Counsel, members of the Public Service Commission,
1167members of the Public Service Commission Nominating Council, the
1168Auditor General, the director of the Office of Program Policy
1169Analysis and Government Accountability, or members of the
1170Legislative Committee on Intergovernmental Relations.
1171     (b)  The Supreme Court, in any case concerning an employee
1172of the judicial branch.
1173     (c)  The President of the Senate, in any case concerning an
1174employee of the Senate; the Speaker of the House of
1175Representatives, in any case concerning an employee of the House
1176of Representatives; or the President and the Speaker, jointly,
1177in any case concerning an employee of a committee of the
1178Legislature whose members are appointed solely by the President
1179and the Speaker or in any case concerning an employee of the
1180Public Counsel, Public Service Commission, Auditor General,
1181Office of Program Policy Analysis and Government Accountability,
1182or Legislative Committee on Intergovernmental Relations.
1183     (d)  Except as otherwise provided by this part, the
1184Governor, in the case of any other public officer, public
1185employee, former public officer or public employee, candidate or
1186former candidate, or person who is not a public officer or
1187employee, other than lobbyists and lobbying firms under s.
1188112.3215 for violations of s. 112.3215.
1189     (e)  The President of the Senate or the Speaker of the
1190House of Representatives, whichever is applicable, in any case
1191concerning a former member of the Legislature who has violated a
1192provision applicable to former members or whose violation
1193occurred while a member of the Legislature.
1194     (11)  Notwithstanding the provisions of subsections (1)-
1195(8), the commission may, at its discretion, dismiss any
1196complaint, information, or referral at any stage of disposition
1197should it determine that the public interest would not be served
1198by proceeding further, in which case the commission shall issue
1199a public report stating with particularity its reasons for the
1200dismissal.
1201     Section 12.  Subsections (8) and (11) of section 112.3215,
1202Florida Statutes, are amended to read:
1203     112.3215  Lobbying before the executive branch or the
1204Constitution Revision Commission; registration and reporting;
1205investigation by commission.-
1206     (8)(a)  The commission shall investigate every sworn
1207complaint that is filed with it alleging that a person covered
1208by this section has failed to register, has failed to submit a
1209compensation report, has made a prohibited expenditure, or has
1210knowingly submitted false information in any report or
1211registration required in this section.
1212     (b)  All proceedings, the complaint, and other records
1213relating to the investigation are confidential and exempt from
1214the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1215Constitution, and any meetings held pursuant to an investigation
1216are exempt from the provisions of s. 286.011(1) and s. 24(b),
1217Art. I of the State Constitution either until the alleged
1218violator requests in writing that such investigation and
1219associated records and meetings be made public or until the
1220commission determines, based on the investigation, whether
1221probable cause exists to believe that a violation has occurred.
1222     (c)  The commission shall investigate any lobbying firm,
1223lobbyist, principal, agency, officer, or employee upon receipt
1224of information from a sworn complaint or from a random audit of
1225lobbying reports indicating a possible violation other than a
1226late-filed report.
1227     (d)  Records relating to an audit conducted pursuant to
1228this section or an investigation conducted pursuant to this
1229section or s. 112.32155 are confidential and exempt from s.
1230119.07(1) and s. 24(a), Art. I of the State Constitution, and
1231any meetings held pursuant to such an investigation or at which
1232such an audit is discussed are exempt from s. 286.011 and s.
123324(b), Art. I of the State Constitution either until the
1234lobbying firm requests in writing that such investigation and
1235associated records and meetings be made public or until the
1236commission determines there is probable cause that the audit
1237reflects a violation of the reporting laws. This paragraph is
1238subject to the Open Government Sunset Review Act in accordance
1239with s. 119.15 and shall stand repealed on October 2, 2011,
1240unless reviewed and saved from repeal through reenactment by the
1241Legislature.
1242     (11)(a)  Any person, when in doubt about the applicability
1243and interpretation of this section to himself or herself in a
1244particular context, may submit in writing the facts of the
1245situation to the commission with a request for an advisory
1246opinion to establish the standard of duty. An advisory opinion
1247shall be rendered by the commission and, until amended or
1248revoked, shall be binding on the conduct of the person who
1249sought the opinion, unless material facts were omitted or
1250misstated in the request.
1251     (b)  Any person who is required to be registered or to
1252provide information under this section or under rules adopted
1253pursuant to this section and who knowingly fails to disclose any
1254material fact that is required by this section or by rules
1255adopted pursuant to this section, or who knowingly provides
1256false information on any report required by this section or by
1257rules adopted pursuant to this section, commits a noncriminal
1258infraction, punishable by a fine not to exceed $5,000. Such
1259penalty is in addition to any other penalty assessed by the
1260Governor and Cabinet pursuant to subsection (10).
1261     Section 13.  Paragraph (a) of subsection (5) of section
1262411.01, Florida Statutes, is amended to read:
1263     411.01  School readiness programs; early learning
1264coalitions.-
1265     (5)  CREATION OF EARLY LEARNING COALITIONS.-
1266     (a)  Early learning coalitions.-
1267     1.  The Agency for Workforce Innovation shall establish the
1268minimum number of children to be served by each early learning
1269coalition through the coalition's school readiness program. The
1270Agency for Workforce Innovation may only approve school
1271readiness plans in accordance with this minimum number. The
1272minimum number must be uniform for every early learning
1273coalition and must:
1274     a.  Permit 30 or fewer coalitions to be established; and
1275     b.  Require each coalition to serve at least 2,000 children
1276based upon the average number of all children served per month
1277through the coalition's school readiness program during the
1278previous 12 months.
1279
1280The Agency for Workforce Innovation shall adopt procedures for
1281merging early learning coalitions, including procedures for the
1282consolidation of merging coalitions, and for the early
1283termination of the terms of coalition members which are
1284necessary to accomplish the mergers. Each early learning
1285coalition must comply with the merger procedures and shall be
1286organized in accordance with this subparagraph by April 1, 2005.
1287By June 30, 2005, each coalition must complete the transfer of
1288powers, duties, functions, rules, records, personnel, property,
1289and unexpended balances of appropriations, allocations, and
1290other funds to the successor coalition, if applicable.
1291     2.  If an early learning coalition would serve fewer
1292children than the minimum number established under subparagraph
12931., the coalition must merge with another county to form a
1294multicounty coalition. However, the Agency for Workforce
1295Innovation may authorize an early learning coalition to serve
1296fewer children than the minimum number established under
1297subparagraph 1., if:
1298     a.  The coalition demonstrates to the Agency for Workforce
1299Innovation that merging with another county or multicounty
1300region contiguous to the coalition would cause an extreme
1301hardship on the coalition;
1302     b.  The Agency for Workforce Innovation has determined
1303during the most recent annual review of the coalition's school
1304readiness plan, or through monitoring and performance
1305evaluations conducted under paragraph (4)(l), that the coalition
1306has substantially implemented its plan and substantially met the
1307performance standards and outcome measures adopted by the
1308agency; and
1309     c.  The coalition demonstrates to the Agency for Workforce
1310Innovation the coalition's ability to effectively and
1311efficiently implement the Voluntary Prekindergarten Education
1312Program.
1313
1314If an early learning coalition fails or refuses to merge as
1315required by this subparagraph, the Agency for Workforce
1316Innovation may dissolve the coalition and temporarily contract
1317with a qualified entity to continue school readiness and
1318prekindergarten services in the coalition's county or
1319multicounty region until the coalition is reestablished through
1320resubmission of a school readiness plan and approval by the
1321agency.
1322     3.  Notwithstanding the provisions of subparagraphs 1. and
13232., the early learning coalitions in Sarasota, Osceola, and
1324Santa Rosa Counties which were in operation on January 1, 2005,
1325are established and authorized to continue operation as
1326independent coalitions, and shall not be counted within the
1327limit of 30 coalitions established in subparagraph 1.
1328     4.  Each early learning coalition shall be composed of at
1329least 18 members but not more than 35 members. The Agency for
1330Workforce Innovation shall adopt standards establishing within
1331this range the minimum and maximum number of members that may be
1332appointed to an early learning coalition. These standards must
1333include variations for a coalition serving a multicounty region.
1334Each early learning coalition must comply with these standards.
1335     5.  The Governor shall appoint the chair and two other
1336members of each early learning coalition, who must each meet the
1337same qualifications as private sector business members appointed
1338by the coalition under subparagraph 7.
1339     6.  Each early learning coalition must include the
1340following members:
1341     a.  A Department of Children and Family Services district
1342administrator or his or her designee who is authorized to make
1343decisions on behalf of the department.
1344     b.  A district superintendent of schools or his or her
1345designee who is authorized to make decisions on behalf of the
1346district, who shall be a nonvoting member.
1347     c.  A regional workforce board executive director or his or
1348her designee.
1349     d.  A county health department director or his or her
1350designee.
1351     e.  A children's services council or juvenile welfare board
1352chair or executive director, if applicable, who shall be a
1353nonvoting member if the council or board is the fiscal agent of
1354the coalition or if the council or board contracts with and
1355receives funds from the coalition for any purpose other than
1356rent.
1357     f.  An agency head of a local licensing agency as defined
1358in s. 402.302, where applicable.
1359     g.  A president of a community college or his or her
1360designee.
1361     h.  One member appointed by a board of county
1362commissioners.
1363     i.  A central agency administrator, where applicable, who
1364shall be a nonvoting member.
1365     j.  A Head Start director, who shall be a nonvoting member.
1366     k.  A representative of private child care providers,
1367including family day care homes, who shall be a nonvoting
1368member.
1369     l.  A representative of faith-based child care providers,
1370who shall be a nonvoting member.
1371     m.  A representative of programs for children with
1372disabilities under the federal Individuals with Disabilities
1373Education Act, who shall be a nonvoting member.
1374     7.  Including the members appointed by the Governor under
1375subparagraph 5., more than one-third of the members of each
1376early learning coalition must be private sector business members
1377who do not have, and none of whose relatives as defined in s.
1378112.3143 has, a substantial financial interest in the design or
1379delivery of the Voluntary Prekindergarten Education Program
1380created under part V of chapter 1002 or the coalition's school
1381readiness program. To meet this requirement an early learning
1382coalition must appoint additional members from a list of
1383nominees submitted to the coalition by a chamber of commerce or
1384economic development council within the geographic region served
1385by the coalition. The Agency for Workforce Innovation shall
1386establish criteria for appointing private sector business
1387members. These criteria must include standards for determining
1388whether a member or relative has a substantial financial
1389interest in the design or delivery of the Voluntary
1390Prekindergarten Education Program or the coalition's school
1391readiness program.
1392     8.  A majority of the voting membership of an early
1393learning coalition constitutes a quorum required to conduct the
1394business of the coalition. An early learning coalition board may
1395use any method of telecommunications to conduct meetings,
1396including establishing a quorum through telecommunications,
1397provided that the public is given proper notice of a
1398telecommunications meeting and reasonable access to observe and,
1399when appropriate, participate.
1400     9.  A voting member of an early learning coalition may not
1401appoint a designee to act in his or her place, except as
1402otherwise provided in this paragraph. A voting member may send a
1403representative to coalition meetings, but that representative
1404does not have voting privileges. When a district administrator
1405for the Department of Children and Family Services appoints a
1406designee to an early learning coalition, the designee is the
1407voting member of the coalition, and any individual attending in
1408the designee's place, including the district administrator, does
1409not have voting privileges.
1410     10.  Each member of an early learning coalition is subject
1411to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
1412112.3143(3) s. 112.3143(3)(a), each voting member is a local
1413public officer who must abstain from voting when a voting
1414conflict exists.
1415     11.  For purposes of tort liability, each member or
1416employee of an early learning coalition shall be governed by s.
1417768.28.
1418     12.  An early learning coalition serving a multicounty
1419region must include representation from each county.
1420     13.  Each early learning coalition shall establish terms
1421for all appointed members of the coalition. The terms must be
1422staggered and must be a uniform length that does not exceed 4
1423years per term. Appointed members may serve a maximum of two
1424consecutive terms. When a vacancy occurs in an appointed
1425position, the coalition must advertise the vacancy.
1426     Section 14.  This act shall take effect July 1, 2010.


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