October 25, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                    SB 2492
       
       
       
       By Senator Fasano
       
       
       
       
       11-01794B-10                                          20102492__
    1                        A bill to be entitled                      
    2         An act relating to the code of ethics for public
    3         officers and employees; amending s. 112.312, F.S.;
    4         redefining the terms “business entity,” “candidate,”
    5         and “gift” as they relate to the code of ethics for
    6         public officers and employees; amending s. 112.313,
    7         F.S.; providing standards of conduct for public
    8         officers and employees of state agencies with regard
    9         to improper influence in the performance of official
   10         duties; amending s. 112.3135, F.S.; prohibiting a
   11         public official from appointing, employing, or
   12         promoting a relative for a position in an agency in
   13         which the official is a member of the collegial body;
   14         providing penalties for the appointed or promoted
   15         relative and the public official; creating s.
   16         112.3142, F.S.; providing legislative intent;
   17         providing definitions; providing that a covered public
   18         official does not have a conflict of interest or a
   19         voting conflict of interest in an economic interest if
   20         he or she holds an economic interest in a qualified
   21         blind trust; prohibiting the public official from
   22         attempting to influence or exercise control over
   23         decisions regarding the management of assets in a
   24         qualified blind trust; prohibiting the covered public
   25         official and any person having a beneficial interest
   26         in the qualified blind trust from obtaining
   27         information regarding the holdings of the trust;
   28         prohibiting communications about the qualified blind
   29         trust between the covered public official and the
   30         trustee; providing exceptions for such communications;
   31         requiring the covered public official to report
   32         certain assets and sources of income; providing
   33         requirements for a qualified blind trust; requiring
   34         the trust agreement to be filed with the Commission on
   35         Ethics; providing requirements for the trust
   36         agreement; requiring the public official to file an
   37         amendment to the trust agreement under certain
   38         circumstances; amending s. 112.3143, F.S.; defining
   39         the term “principal by whom the officer is retained”
   40         as it relates to voting conflicts for public
   41         officials; authorizing a state public officer who
   42         holds an elective office to vote in that official
   43         capacity on any matter under certain circumstances;
   44         prohibiting a state public officer who holds an
   45         appointive position and certain other officials from
   46         voting or participating in an official capacity under
   47         certain conditions; providing that a commissioner of a
   48         community redevelopment agency or an officer of an
   49         elected independent special tax district is not
   50         prohibited from voting in that capacity as long as he
   51         or she makes certain disclosures; prohibiting a public
   52         officer, employee of an agency, or local government
   53         attorney, knowing that a public officer has a voting
   54         conflict of interest as provided under this section,
   55         from aiding or assisting that public officer in order
   56         to influence a decision in such a way as to benefit
   57         the officer or his or her principal, relative, or
   58         business associate; amending s. 112.3144, F.S.;
   59         authorizing a candidate for office to file with the
   60         commission a copy of the full and public disclosure of
   61         financial interests used for purposes of qualifying as
   62         a candidate; amending s. 112.3145, F.S.; redefining
   63         the terms “local officer” and “specified state
   64         employee” for the purpose of disclosing financial
   65         interests; authorizing a candidate for office to file
   66         with the commission a copy of the statement of
   67         financial interests used for purposes of qualifying as
   68         a candidate; requiring a person filing a statement of
   69         financial interests to indicate on the statement which
   70         method of calculation he or she is using to complete
   71         the statement; amending s. 112.3148, F.S.; redefining
   72         the term “procurement employee” and defining the term
   73         “vendor” for the purpose of reporting the receipt of
   74         certain gifts by procurement employees and certain
   75         individuals; prohibiting a reporting individual or
   76         procurement employee from soliciting or accepting any
   77         gift from a vendor doing business with the reporting
   78         individual’s or procurement employee’s agency;
   79         prohibiting a vendor doing business with the reporting
   80         individual’s or procurement employee’s agency from
   81         giving certain gifts to a reporting individual or
   82         procurement employee; amending s. 112.3149, F.S.;
   83         redefining the term “procurement employee” and
   84         defining the term “vendor” for the purpose of
   85         solicitation and disclosure of honoraria; prohibiting
   86         a reporting individual or procurement employee from
   87         accepting an honorarium from a vendor doing business
   88         with the reporting individual’s or procurement
   89         employee’s agency; prohibiting a vendor doing business
   90         with the reporting individual’s or procurement
   91         employee’s agency from giving an honorarium to a
   92         reporting individual or procurement employee; amending
   93         s. 112.317, F.S.; increasing certain civil penalties
   94         for violating the code of ethics for public officers
   95         and employees; revising the standard for the
   96         commission to use in determining if a complaint
   97         against a public officer or employee is false;
   98         amending s. 112.324, F.S.; requiring the commission to
   99         investigate any alleged violation of the code of
  100         ethics for public officers and employees, or any other
  101         alleged breach of the public trust within the
  102         jurisdiction of the commission, upon a written
  103         complaint or receipt of an information or referral;
  104         revising and clarifying procedures regarding
  105         violations of the code of ethics for public officers
  106         and employees; providing that the standard of proof
  107         for a finding of probable cause is by a preponderance
  108         of the evidence; amending s. 112.3215, F.S.; requiring
  109         the commission to investigate every sworn complaint
  110         that is filed alleging that certain persons have made
  111         a prohibited expenditure; requiring the commission to
  112         investigate any lobbyist or principal upon receipt of
  113         information from a sworn complaint or from a random
  114         audit of lobbying reports indicating a possible
  115         violation; providing for a civil penalty; amending s.
  116         411.01, F.S.; conforming a cross-reference; providing
  117         an effective date.
  118  
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Subsections (5), (6), and (12) of section
  122  112.312, Florida Statutes, are amended to read:
  123         112.312 Definitions.—As used in this part and for purposes
  124  of the provisions of s. 8, Art. II of the State Constitution,
  125  unless the context otherwise requires:
  126         (5) “Business entity” means any corporation, company,
  127  partnership, limited partnership, proprietorship, firm,
  128  enterprise, franchise, association, self-employed individual, or
  129  trust, whether fictitiously named or not, doing business in this
  130  state.
  131         (6) “Candidate” means any person who has filed a statement
  132  of financial interest and qualification papers, has subscribed
  133  to the candidate’s oath as required by s. 99.021 or s. 105.031,
  134  and seeks by election to become a public officer. This
  135  definition expressly excludes a committeeman or committeewoman
  136  regulated by chapter 103 and persons seeking any other office or
  137  position in a political party.
  138         (12)(a) “Gift,” for purposes of ethics in government and
  139  financial disclosure required by law, means that which is
  140  accepted by a donee or by another on the donee’s behalf, or that
  141  which is paid or given to another for or on behalf of a donee,
  142  directly, indirectly, or in trust for the donee’s benefit or by
  143  any other means, for which equal or greater consideration is not
  144  given within 90 days, including:
  145         1. Real property.
  146         2. The use of real property.
  147         3. Tangible or intangible personal property.
  148         4. The use of tangible or intangible personal property.
  149         5. A preferential rate or terms on a debt, loan, goods, or
  150  services, which rate is below the customary rate and is not
  151  either a government rate available to all other similarly
  152  situated government employees or officials or a rate which is
  153  available to similarly situated members of the public by virtue
  154  of occupation, affiliation, age, religion, sex, or national
  155  origin.
  156         6. Forgiveness of an indebtedness.
  157         7. Transportation, other than that provided to a public
  158  officer or employee by an agency in relation to officially
  159  approved governmental business, lodging, or parking.
  160         8. Food or beverage.
  161         9. Membership dues.
  162         10. Entrance fees, admission fees, or tickets to events,
  163  performances, or facilities.
  164         11. Plants, flowers, or floral arrangements.
  165         12. Services provided by persons pursuant to a professional
  166  license or certificate.
  167         13. Other personal services for which a fee is normally
  168  charged by the person providing the services.
  169         14. Any other similar service or thing having an
  170  attributable value not already provided for in this section.
  171         (b) “Gift” does not include:
  172         1. Salary, benefits, services, fees, commissions, gifts, or
  173  expenses associated primarily with the donee’s employment,
  174  business, or service as an officer or director of a corporation
  175  or organization.
  176         2. Contributions or expenditures reported pursuant to
  177  chapter 106 or federal election law, campaign-related personal
  178  services provided without compensation by individuals
  179  volunteering their time, or any other contribution or
  180  expenditure by a political party.
  181         3. An honorarium or an expense related to an honorarium
  182  event paid to a person or the person’s spouse.
  183         4. An award, plaque, certificate, or similar personalized
  184  item given in recognition of the donee’s public, civic,
  185  charitable, or professional service.
  186         5. An honorary membership in a service or fraternal
  187  organization presented merely as a courtesy by such
  188  organization.
  189         6. The use of a public facility or public property, made
  190  available by a governmental agency, for a public purpose.
  191         7. Transportation provided to a public officer or employee
  192  by an agency in relation to officially approved governmental
  193  business.
  194         8. Gifts provided directly or indirectly by a state,
  195  regional, or national organization which promotes the exchange
  196  of ideas between, or the professional development of,
  197  governmental officials or employees, and whose membership is
  198  primarily composed of elected or appointed public officials or
  199  staff, to members of that organization or officials or staff of
  200  a governmental agency that is a member of that organization.
  201         (c) For the purposes of paragraph (a), “intangible personal
  202  property” means property as defined in s. 192.001(11)(b).
  203         (d) For the purposes of paragraph (a), the term
  204  “consideration” does not include a promise to pay or otherwise
  205  provide something of value unless the promise is in writing and
  206  enforceable through the courts.
  207         Section 2. Subsection (18) is added to section 112.313,
  208  Florida Statutes, to read:
  209         112.313 Standards of conduct for public officers, employees
  210  of agencies, and local government attorneys.—
  211         (18) PUBLIC OFFICERS AND EMPLOYEES OF A STATE AGENCY.—A
  212  public officer or employee of an agency may not knowingly, or
  213  with reason to know, act in a manner that would cause a
  214  reasonable person, having knowledge of the relevant
  215  circumstances, to conclude that any person can improperly
  216  influence or unduly enjoy his or her favor in the performance of
  217  his or her official duties, or that he or she is likely to act
  218  or fail to act as a result of kinship, rank, position, or undue
  219  influence of any party or person. It shall be deemed
  220  unreasonable to so conclude if such officer or employee has
  221  disclosed in writing to his or her appointing authority or, if
  222  no appointing authority exists, discloses in a manner that is
  223  public in nature, the facts that would otherwise lead to such a
  224  conclusion.
  225         Section 3. Paragraph (a) of subsection (2) of section
  226  112.3135, Florida Statutes, is amended to read:
  227         112.3135 Restriction on employment of relatives.—
  228         (2)(a) A public official may not appoint, employ, promote,
  229  or advance, or advocate for appointment, employment, promotion,
  230  or advancement, in or to a position in the agency in which the
  231  official is serving or over which the official exercises
  232  jurisdiction or control, or the collegial body of which the
  233  official is a member, any individual who is a relative of the
  234  public official. An individual may not be appointed, employed,
  235  promoted, or advanced in or to a position in an agency if such
  236  appointment, employment, promotion, or advancement has been made
  237  or advocated by a public official, serving in or exercising
  238  jurisdiction or control over the agency, who is a relative of
  239  the individual or if such appointment, employment, promotion, or
  240  advancement is made by a collegial body of which a relative of
  241  the individual is a member. If a prohibited appointment,
  242  employment, promotion, or advancement occurs, both the official
  243  and the individual are subject to penalties under s. 112.317;
  244  however, if the appointment, employment, promotion, or
  245  advancement is made by the collegial body of which the official
  246  is a member without the official’s participation, only the
  247  individual is subject to penalties under s. 112.317. However,
  248  This subsection does shall not apply to appointments to boards
  249  other than those with land-planning or zoning responsibilities
  250  in those municipalities with less than 35,000 population. This
  251  subsection does not apply to persons serving in a volunteer
  252  capacity who provide emergency medical, firefighting, or police
  253  services. Such persons may receive, without losing their
  254  volunteer status, reimbursements for the costs of any training
  255  they get relating to the provision of volunteer emergency
  256  medical, firefighting, or police services and payment for any
  257  incidental expenses relating to those services that they
  258  provide.
  259         Section 4. Section 112.3142, Florida Statutes, is created
  260  to read:
  261         112.3142Qualified blind trusts.—
  262         (1) The Legislature finds that if a trust is created by a
  263  public official and the official does not know the identity of
  264  the financial interests held by the trust and does not control
  265  the interests held by the trust, his or her official actions
  266  will not be influenced or appear to be influenced by private
  267  considerations. Thus, the public policy goal to be achieved
  268  through reliance on a blind trust is an actual “blindness,” or
  269  lack of knowledge or control by the official with respect to the
  270  interests held in trust.
  271         (2) As used in this section, the term:
  272         (a) “Cabinet member” has the same meaning as in s. 20.03.
  273         (b) “Commission” means the Commission on Ethics.
  274         (c) “Covered public official” means the Governor, the
  275  Lieutenant Governor, and each member of the Cabinet.
  276         (3) If a covered public official holds an economic interest
  277  in a qualified blind trust, he or she does not have a conflict
  278  of interest prohibited under s. 112.313(3) or s. 112.313(7) or a
  279  voting conflict of interest under s. 112.3143 with regard to
  280  matters pertaining to that economic interest.
  281         (4) Except as otherwise provided in this section, the
  282  covered public official may not attempt to influence or exercise
  283  any control over decisions regarding the management of assets in
  284  a qualified blind trust. The covered public official and each
  285  person having a beneficial interest in the qualified blind trust
  286  may not make any effort to obtain information with respect to
  287  the holdings of the trust, including obtaining a copy of any
  288  trust tax return filed or any information relating thereto,
  289  except as otherwise provided in this section.
  290         (5)Except for communications that consist solely of
  291  requests for distributions of cash or other unspecified assets
  292  of the trust, there may not be any direct or indirect
  293  communication with respect to the trust between the covered
  294  public official or any person having a beneficial interest in
  295  the qualified blind trust and the trustee, unless such
  296  communication is in writing and unless it relates only to:
  297         (a)A request for a distribution from the trust which does
  298  not specify whether the distribution shall be made in cash or in
  299  kind;
  300         (b)The general financial interests and needs of the
  301  covered public official or interested person, including, but not
  302  limited to, an interest in maximizing income or long-term
  303  capital gain;
  304         (c)The notification of the trustee of a law or regulation
  305  subsequently applicable to the covered public official which
  306  prohibits the covered official from holding an asset and which
  307  notification directs that the asset not be held by the trust; or
  308         (d)Directions to the trustee to sell all of an asset
  309  initially placed in the trust by the covered public official
  310  which in the determination of the covered public official
  311  creates a conflict of interest or the appearance of a conflict
  312  of interest due to the subsequent assumption of duties by the
  313  public official.
  314         (6)The covered public official shall report as an asset on
  315  his or her financial disclosure forms the beneficial interest in
  316  the blind trust, and shall report its value if value is required
  317  to be disclosed. The covered public official shall report the
  318  blind trust as a primary source of income on his or her
  319  financial disclosure forms, and shall report its amount if the
  320  amount of income is required to be disclosed. The covered public
  321  official is not required to report as a secondary source of
  322  income any source of income to the blind trust.
  323         (7) In order to constitute a qualified blind trust, the
  324  trust must be established by the covered public official and
  325  meet the following requirements:
  326         (a) The person or entity appointed as a trustee must not
  327  be:
  328         1. The covered public official’s spouse, child, parent,
  329  grandparent, grandchild, brother, sister, parent-in-law,
  330  brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
  331  the spouse of any such person;
  332         2. A person who is an elected or appointed public officer
  333  or a public employee; or
  334         3. A person who has been appointed to serve in an agency by
  335  the covered public official or by a public officer or public
  336  employee supervised by the covered public official.
  337         (b) The trust agreement that establishes the blind trust
  338  must:
  339         1. Contain a clear statement of its purpose, namely, to
  340  remove from the grantor control and knowledge of investment of
  341  trust assets so that conflicts between the grantor’s
  342  responsibilities as a public official and his or her private
  343  interests will be eliminated.
  344         2. Give the trustee complete discretion to manage the
  345  trust, including, but not limited to, the power to dispose of
  346  and acquire trust assets without consulting or notifying the
  347  covered public official or any person having a beneficial
  348  interest in the trust.
  349         3. Prohibit communication between the trustee and the
  350  covered public official and any person having a beneficial
  351  interest in the trust concerning the holdings or sources of
  352  income of the trust, except amounts of cash value or net income
  353  or loss. However, such report may not identify any asset or
  354  holding, except as provided in this section.
  355         4. Provide that the trust tax return is to be prepared by
  356  the trustee or his or her designee, and that any information
  357  relating to the trust tax return is not to be disclosed to the
  358  covered public official or to any other beneficiary except as
  359  provided in this section.
  360         5. Allow the trustee to notify the covered public official
  361  of the date of disposition and value at disposition of any
  362  original investment or interests in real property to the extent
  363  required by federal tax law so that information can be reported
  364  on the covered public official’s applicable tax returns.
  365         6. Prohibit the trustee from disclosing to the covered
  366  public official and any person having a beneficial interest in
  367  the trust any information concerning replacement assets to the
  368  trust, except for the minimum tax information that lists only
  369  the totals of taxable items from the trust and does not describe
  370  the source of individual items of income.
  371         7. Provide that the trustee may not invest trust assets in
  372  business entities that he or she knows are regulated by or do a
  373  significant amount of business with the covered public
  374  official’s public agency.
  375         8. Provide that the trust is not effective until it is
  376  approved by the commission.
  377         (c) The obligations of the trustee and the official under
  378  the trust agreement must be observed by them.
  379         (d) The trust shall contain only readily marketable assets.
  380         (e) The trust must be approved by the commission as meeting
  381  the requirements of this section.
  382         (8) A copy of the trust agreement must be filed with the
  383  commission no later than 5 business days after the agreement is
  384  executed and must include:
  385         (a) A listing of the assets placed in the trust;
  386         (b) A statement detailing the date the agreement was
  387  executed;
  388         (c) The name and address of the trustee; and
  389         (d) A separate statement signed by the trustee, under
  390  penalty of perjury, certifying that he or she will not reveal
  391  any information to the covered public official or any person
  392  having a beneficial interest in the qualified blind trust,
  393  except for information that is authorized under this section,
  394  and that, to the best of the trustee’s knowledge, the submitted
  395  blind trust agreement complies with this section.
  396         (9) If the trust is revoked while the covered public
  397  official is a public officer, or if the covered public official
  398  learns of any replacement assets that have been added to the
  399  trust, the covered public official must file an amendment to his
  400  or her most recent financial disclosure statement. The amendment
  401  must be filed no later than 60 days after the date of revocation
  402  or the addition of the replacement assets. The covered public
  403  official must disclose the previously unreported pro rata share
  404  of the trust’s interests in investments or income deriving from
  405  any such investments. For purposes of this section, any replaced
  406  asset of which the covered public official learns shall
  407  thereafter be treated as though the asset were an original asset
  408  of the trust.
  409         Section 5. Section 112.3143, Florida Statutes, is amended
  410  to read:
  411         112.3143 Voting conflicts.—
  412         (1) As used in this section, the term:
  413         (a) “Principal by whom the officer is retained” means an
  414  individual or entity, other than an agency as defined in s.
  415  112.312(2), which for compensation, salary, pay, consideration,
  416  or similar thing of value, has permitted or directed another to
  417  act for the individual or entity, and includes, but is not
  418  limited to, one’s client, employer, or master, or the parent,
  419  subsidiary, or sibling organization of one’s client, employer,
  420  or master.
  421         (b)(a) “Public officer” includes any person elected or
  422  appointed to hold office in any agency, including any person
  423  serving on an advisory body.
  424         (c)(b) “Relative” means any father, mother, son, daughter,
  425  husband, wife, brother, sister, father-in-law, mother-in-law,
  426  son-in-law, or daughter-in-law.
  427         (2) A No state public officer holding an elective office is
  428  not prohibited from voting in that an official capacity on any
  429  matter. However, when any state public officer voting in an
  430  official capacity upon any measure that which would inure to the
  431  officer’s special private gain or loss; that which he or she
  432  knows would inure to the special private gain or loss of any
  433  principal by whom the officer is retained or to the parent
  434  organization or subsidiary of a corporate principal by which the
  435  officer is retained; or that which the officer knows would inure
  436  to the special private gain or loss of a relative or business
  437  associate of the public officer, the officer shall, within 15
  438  days after the vote occurs, disclose the nature of all of his or
  439  her interests in the matter and disclose the nature of all of
  440  the interests of his or her principals, relatives, or business
  441  associates which are known to him or her his or her interest as
  442  a public record in a memorandum filed with the person
  443  responsible for recording the minutes of the meeting, who shall
  444  incorporate the memorandum in the minutes.
  445         (3)(a)A state public officer holding an appointive
  446  position and a No county, municipal, or other local public
  447  officer may not shall vote in an official capacity upon any
  448  measure that which would inure to his or her special private
  449  gain or loss; that which he or she knows would inure to the
  450  special private gain or loss of any principal by whom he or she
  451  is retained or to the parent organization or subsidiary of a
  452  corporate principal by which he or she is retained, other than
  453  an agency as defined in s. 112.312(2); or that which he or she
  454  knows would inure to the special private gain or loss of a
  455  relative or business associate of the public officer. Such
  456  public officer shall, before prior to the vote is being taken,
  457  publicly state to the assembly the nature of all of the
  458  officer’s interests, and all of the interests of his or her
  459  principals, relatives, or business associates which are known to
  460  him or her, interest in the matter from which he or she is
  461  abstaining from voting and, within 15 days after the vote
  462  occurs, disclose the nature of all of his or her interests in
  463  the matter and disclose the nature of all of the interests of
  464  his or her principals, relatives, or business associates which
  465  are known to him or her, his or her interest as a public record
  466  in a memorandum filed with the person responsible for recording
  467  the minutes of the meeting, who shall incorporate the memorandum
  468  in the minutes.
  469         (b)However, a commissioner of a community redevelopment
  470  agency created or designated pursuant to s. 163.356 or s.
  471  163.357, or an officer of an independent special tax district
  472  elected on a one-acre, one-vote basis, is not prohibited from
  473  voting, when voting in said capacity.
  474         (4) A state public officer holding an appointive position,
  475  and a county, municipal, or other local No appointed public
  476  officer may not shall participate in any matter that which would
  477  inure to the officer’s special private gain or loss; that which
  478  the officer knows would inure to the special private gain or
  479  loss of any principal by whom he or she is retained or to the
  480  parent organization or subsidiary of a corporate principal by
  481  which he or she is retained; or that which he or she knows would
  482  inure to the special private gain or loss of a relative or
  483  business associate of the public officer, without first
  484  disclosing the nature of his or her interest in the matter.
  485         (5) A commissioner of a community redevelopment agency
  486  created or designated pursuant to s. 163.356 or s. 163.357, or
  487  an officer of an independent special tax district elected on a
  488  one-acre, one-vote basis, is not prohibited from voting in that
  489  capacity, but must make the disclosures provided for in
  490  subsection (3). In addition, such officer may not participate in
  491  such a measure without first disclosing the nature of his or her
  492  interest and those of his or her principal, relative, or
  493  business associate in the matter.
  494         (a) Such disclosure, indicating the nature of the conflict,
  495  shall be made in a written memorandum filed with the person
  496  responsible for recording the minutes of the meeting, prior to
  497  the meeting in which consideration of the matter will take
  498  place, and shall be incorporated into the minutes. Any such
  499  memorandum shall become a public record upon filing, shall
  500  immediately be provided to the other members of the agency, and
  501  shall be read publicly at the next meeting held subsequent to
  502  the filing of this written memorandum.
  503         (b) If In the event that disclosure has not been made
  504  before prior to the meeting or if that any conflict is unknown
  505  before prior to the meeting, the disclosure shall be made orally
  506  at the meeting when it becomes known that a conflict exists. A
  507  written memorandum disclosing the nature of the conflict shall
  508  then be filed within 15 days after the oral disclosure with the
  509  person responsible for recording the minutes of the meeting and
  510  shall be incorporated into the minutes of the meeting at which
  511  the oral disclosure was made. Any such memorandum shall become a
  512  public record upon filing, shall immediately be provided to the
  513  other members of the agency, and shall be read publicly at the
  514  next meeting held subsequent to the filing of this written
  515  memorandum.
  516         (6)(c) For purposes of this section subsection, the term
  517  “participate” means any attempt to influence the decision by
  518  oral or written communication to any officer, employee, or
  519  member of the agency, whether made by the officer or at the
  520  officer’s direction.
  521         (7)(5) Whenever a public officer or former public officer
  522  is being considered for appointment or reappointment to public
  523  office, the appointing body shall consider the number and nature
  524  of the memoranda of conflict previously filed under this section
  525  by the said officer.
  526         (8) A public officer, employee of an agency, or local
  527  government attorney, knowing that a public officer has a voting
  528  conflict of interest as provided under this section, may not aid
  529  or assist that public officer in order to influence the decision
  530  in such a way as to benefit the officer or his or her principal,
  531  relative, or business associate.
  532         Section 6. Subsection (2) of section 112.3144, Florida
  533  Statutes, is amended to read:
  534         112.3144 Full and public disclosure of financial
  535  interests.—
  536         (2) A person who is required, pursuant to s. 8, Art. II of
  537  the State Constitution, to file a full and public disclosure of
  538  financial interests and who has filed a full and public
  539  disclosure of financial interests for any calendar or fiscal
  540  year is shall not be required to file a statement of financial
  541  interests pursuant to s. 112.3145(2) and (3) for the same year
  542  or for any part thereof notwithstanding any requirement of this
  543  part., except that A candidate for office who has filed a full
  544  and public disclosure of financial interests when qualifying as
  545  a candidate before July 1 may file a copy of that disclosure,
  546  instead of filing a second original disclosure, with the
  547  commission as the annual disclosure required under this section.
  548  A candidate who does not qualify until after the annual full and
  549  public disclosure has been filed under this section shall file a
  550  copy of his or her disclosure with the officer before whom he or
  551  she qualifies.
  552         Section 7. Subsections (1), (2), and (3) of section
  553  112.3145, Florida Statutes, are amended to read:
  554         112.3145 Disclosure of financial interests and clients
  555  represented before agencies.—
  556         (1) For purposes of this section, unless the context
  557  otherwise requires, the term:
  558         (a) “Local officer” means:
  559         1. Every person who is elected to office in any political
  560  subdivision of the state, and every person who is appointed to
  561  fill a vacancy for an unexpired term in such an elective office.
  562         2. Any appointed member of any of the following boards,
  563  councils, commissions, authorities, or other bodies of any
  564  county, municipality, school district, independent special
  565  district, or other political subdivision of the state:
  566         a. The governing body of the political subdivision, if
  567  appointed;
  568         b.An expressway authority or transportation authority
  569  established by general law;
  570         b.c. A community college or junior college district board
  571  of trustees;
  572         c.d. A board having the power to enforce local code
  573  provisions;
  574         d.e. A planning or zoning board, board of adjustment, board
  575  of appeals, community redevelopment agency board, or other board
  576  having the power to recommend, create, or modify land planning
  577  or zoning within the political subdivision, except for citizen
  578  advisory committees, technical coordinating committees, and such
  579  other groups who only have the power to make recommendations to
  580  planning or zoning boards;
  581         e.f. A pension board or retirement board having the power
  582  to invest pension or retirement funds or the power to make a
  583  binding determination of one’s entitlement to or amount of a
  584  pension or other retirement benefit; or
  585         f.g. Any other appointed member of a local government board
  586  who is required to file a statement of financial interests by
  587  the appointing authority or the enabling legislation, ordinance,
  588  or resolution creating the board.
  589         3. Any person holding one or more of the following
  590  positions: mayor; county or city manager; chief administrative
  591  employee of a county, municipality, or other political
  592  subdivision; county or municipal attorney; finance director of a
  593  county, municipality, or other political subdivision; chief
  594  county or municipal building code inspector; county or municipal
  595  water resources coordinator; county or municipal pollution
  596  control director; county or municipal environmental control
  597  director; county or municipal administrator, with power to grant
  598  or deny a land development permit; chief of police; fire chief;
  599  municipal clerk; district school superintendent; community
  600  college president; district medical examiner; or purchasing
  601  agent having the authority to make any purchase exceeding the
  602  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  603  behalf of any political subdivision of the state or any entity
  604  thereof.
  605         (b) “Specified state employee” means:
  606         1. Public counsel created by chapter 350, an assistant
  607  state attorney, an assistant public defender, a criminal
  608  conflict and civil regional counsel, an assistant criminal
  609  conflict and civil regional counsel, a full-time state employee
  610  who serves as counsel or assistant counsel to any state agency,
  611  the Deputy Chief Judge of Compensation Claims, a judge of
  612  compensation claims, an administrative law judge, or a hearing
  613  officer.
  614         2. Any person employed in the office of the Governor or in
  615  the office of any member of the Cabinet if that person is exempt
  616  from the Career Service System, except persons employed in
  617  clerical, secretarial, or similar positions.
  618         3. The State Surgeon General or each appointed secretary,
  619  assistant secretary, deputy secretary, executive director,
  620  assistant executive director, or deputy executive director of
  621  each state department, commission, board, or council; unless
  622  otherwise provided, the division director, assistant division
  623  director, deputy director, bureau chief, and assistant bureau
  624  chief of any state department or division; or any person having
  625  the power normally conferred upon such persons, by whatever
  626  title.
  627         4. The superintendent or institute director of a state
  628  mental health institute established for training and research in
  629  the mental health field or the warden or director of any major
  630  state institution or facility established for corrections,
  631  training, treatment, or rehabilitation.
  632         5. Business managers, purchasing agents having the power to
  633  make any purchase exceeding the threshold amount provided for in
  634  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  635  personnel officers, or grants coordinators for any state agency.
  636         6. Any person, other than a legislative assistant exempted
  637  by the presiding officer of the house by which the legislative
  638  assistant is employed, who is employed in the legislative branch
  639  of government, except persons employed in maintenance, clerical,
  640  secretarial, or similar positions.
  641         7. Each employee of the Commission on Ethics.
  642         (c) “State officer” means:
  643         1. Any elected public officer, excluding those elected to
  644  the United States Senate and House of Representatives, not
  645  covered elsewhere in this part and any person who is appointed
  646  to fill a vacancy for an unexpired term in such an elective
  647  office.
  648         2. An appointed member of each board, commission,
  649  authority, or council having statewide jurisdiction, excluding a
  650  member of an advisory body.
  651         3. A member of the Board of Governors of the State
  652  University System or a state university board of trustees, the
  653  Chancellor and Vice Chancellors of the State University System,
  654  and the president of a state university.
  655         4. A member of the judicial nominating commission for any
  656  district court of appeal or any judicial circuit.
  657         (2)(a) A person seeking nomination or election to a state
  658  or local elective office shall file a statement of financial
  659  interests together with, and at the same time he or she files,
  660  qualifying papers. A candidate for office who has filed a
  661  statement of financial interests when qualifying as a candidate
  662  before July 1 may file a copy of that statement, instead of
  663  filing a second original statement, as the annual disclosure
  664  required under this section. A candidate who does not qualify
  665  until after the annual statement of financial interests has been
  666  filed under this section shall file a copy of his or her
  667  disclosure with the officer before whom he or she qualifies.
  668         (b) Each state or local officer and each specified state
  669  employee shall file a statement of financial interests no later
  670  than July 1 of each year. Each state officer, local officer, and
  671  specified state employee shall file a final statement of
  672  financial interests within 60 days after leaving his or her
  673  public position for the period between January 1 of the year in
  674  which the person leaves and the last day of office or
  675  employment, unless within the 60-day period the person takes
  676  another public position requiring financial disclosure under
  677  this section or s. 8, Art. II of the State Constitution or
  678  otherwise is required to file full and public disclosure or a
  679  statement of financial interests for the final disclosure
  680  period. Each state or local officer who is appointed and each
  681  specified state employee who is employed shall file a statement
  682  of financial interests within 30 days from the date of
  683  appointment or, in the case of a specified state employee, from
  684  the date on which the employment begins, except that any person
  685  whose appointment is subject to confirmation by the Senate shall
  686  file prior to confirmation hearings or within 30 days from the
  687  date of appointment, whichever comes first.
  688         (c) State officers and specified state employees shall file
  689  their statements of financial interests with the Commission on
  690  Ethics. Local officers shall file their statements of financial
  691  interests with the supervisor of elections of the county in
  692  which they permanently reside. Local officers who do not
  693  permanently reside in any county in the state shall file their
  694  statements of financial interests with the supervisor of
  695  elections of the county in which their agency maintains its
  696  headquarters. Persons seeking to qualify as candidates for local
  697  public office shall file their statements of financial interests
  698  with the officer before whom they qualify.
  699         (3) The statement of financial interests for state
  700  officers, specified state employees, local officers, and persons
  701  seeking to qualify as candidates for state or local office shall
  702  be filed even if the reporting person holds no financial
  703  interests requiring disclosure, in which case the statement
  704  shall be marked “not applicable.” Otherwise, the statement of
  705  financial interests shall include, at the filer’s option,
  706  either:
  707         (a)1. All sources of income in excess of 5 percent of the
  708  gross income received during the disclosure period by the person
  709  in his or her own name or by any other person for his or her use
  710  or benefit, excluding public salary. However, this shall not be
  711  construed to require disclosure of a business partner’s sources
  712  of income. The person reporting shall list such sources in
  713  descending order of value with the largest source first;
  714         2. All sources of income to a business entity in excess of
  715  10 percent of the gross income of a business entity in which the
  716  reporting person held a material interest and from which he or
  717  she received an amount which was in excess of 10 percent of his
  718  or her gross income during the disclosure period and which
  719  exceeds $1,500. The period for computing the gross income of the
  720  business entity is the fiscal year of the business entity which
  721  ended on, or immediately prior to, the end of the disclosure
  722  period of the person reporting;
  723         3. The location or description of real property in this
  724  state, except for residences and vacation homes, owned directly
  725  or indirectly by the person reporting, when such person owns in
  726  excess of 5 percent of the value of such real property, and a
  727  general description of any intangible personal property worth in
  728  excess of 10 percent of such person’s total assets. For the
  729  purposes of this paragraph, indirect ownership does not include
  730  ownership by a spouse or minor child; and
  731         4. Every individual liability that equals more than the
  732  reporting person’s net worth; or
  733         (b)1. All sources of gross income in excess of $2,500
  734  received during the disclosure period by the person in his or
  735  her own name or by any other person for his or her use or
  736  benefit, excluding public salary. However, this shall not be
  737  construed to require disclosure of a business partner’s sources
  738  of income. The person reporting shall list such sources in
  739  descending order of value with the largest source first;
  740         2. All sources of income to a business entity in excess of
  741  10 percent of the gross income of a business entity in which the
  742  reporting person held a material interest and from which he or
  743  she received gross income exceeding $5,000 during the disclosure
  744  period. The period for computing the gross income of the
  745  business entity is the fiscal year of the business entity which
  746  ended on, or immediately prior to, the end of the disclosure
  747  period of the person reporting;
  748         3. The location or description of real property in this
  749  state, except for residence and vacation homes, owned directly
  750  or indirectly by the person reporting, when such person owns in
  751  excess of 5 percent of the value of such real property, and a
  752  general description of any intangible personal property worth in
  753  excess of $10,000. For the purpose of this paragraph, indirect
  754  ownership does not include ownership by a spouse or minor child;
  755  and
  756         4. Every liability in excess of $10,000.
  757  
  758  A person filing a statement of financial interests shall
  759  indicate on the statement whether he or she is using the method
  760  specified in paragraph (a) or the method specified in paragraph
  761  (b).
  762         Section 8. Subsections (2), (3), (4), and (5) of section
  763  112.3148, Florida Statutes, are amended to read:
  764         112.3148 Reporting and prohibited receipt of gifts by
  765  individuals filing full or limited public disclosure of
  766  financial interests and by procurement employees.—
  767         (2) As used in this section:
  768         (a) “Immediate family” means any parent, spouse, child, or
  769  sibling.
  770         (b)1. “Lobbyist” means any natural person who, for
  771  compensation, seeks, or sought during the preceding 12 months,
  772  to influence the governmental decisionmaking of a reporting
  773  individual or procurement employee or his or her agency or
  774  seeks, or sought during the preceding 12 months, to encourage
  775  the passage, defeat, or modification of any proposal or
  776  recommendation by the reporting individual or procurement
  777  employee or his or her agency.
  778         2. With respect to an agency that has established by rule,
  779  ordinance, or law a registration process for persons seeking to
  780  influence decisionmaking or to encourage the passage, defeat, or
  781  modification of any proposal or recommendation by such agency or
  782  an employee or official of the agency, the term “lobbyist”
  783  includes only a person who is required to be registered as a
  784  lobbyist in accordance with such rule, ordinance, or law or who
  785  was during the preceding 12 months required to be registered as
  786  a lobbyist in accordance with such rule, ordinance, or law. At a
  787  minimum, such a registration system must require the
  788  registration of, or must designate, persons as “lobbyists” who
  789  engage in the same activities as require registration to lobby
  790  the Legislature pursuant to s. 11.045.
  791         (c) “Person” includes individuals, firms, associations,
  792  joint ventures, partnerships, estates, trusts, business trusts,
  793  syndicates, fiduciaries, corporations, and all other groups or
  794  combinations.
  795         (d) “Reporting individual” means any individual, including
  796  a candidate upon qualifying, who is required by law, pursuant to
  797  s. 8, Art. II of the State Constitution or s. 112.3145, to file
  798  full or limited public disclosure of his or her financial
  799  interests or any individual who has been elected to, but has yet
  800  to officially assume the responsibilities of, public office. For
  801  purposes of implementing this section, the “agency” of a
  802  reporting individual who is not an officer or employee in public
  803  service is the agency to which the candidate seeks election, or
  804  in the case of an individual elected to but yet to formally take
  805  office, the agency in which the individual has been elected to
  806  serve.
  807         (e) “Procurement employee” means any employee of an
  808  officer, department, board, commission, or council, or agency of
  809  the executive branch or judicial branch of state government who
  810  has participated in the preceding 12 months participates through
  811  decision, approval, disapproval, recommendation, preparation of
  812  any part of a purchase request, influencing the content of any
  813  specification or procurement standard, rendering of advice,
  814  investigation, or auditing or in any other advisory capacity in
  815  the procurement of contractual services or commodities as
  816  defined in s. 287.012, if the cost of such services or
  817  commodities exceeds or is expected to exceed $10,000 $1,000 in
  818  any fiscal year.
  819         (f) “Vendor” means a business entity doing business
  820  directly with an agency, such as renting, leasing, or selling
  821  any realty, goods, or services.
  822         (3) A reporting individual or procurement employee is
  823  prohibited from soliciting any gift from a political committee
  824  or committee of continuous existence, as defined in s. 106.011,
  825  from a vendor doing business with the reporting individual’s or
  826  procurement employee’s agency, or from a lobbyist who lobbies
  827  the reporting individual’s or procurement employee’s agency, or
  828  the partner, firm, employer, or principal of such lobbyist, if
  829  where such gift is for the personal benefit of the reporting
  830  individual or procurement employee, another reporting individual
  831  or procurement employee, or any member of the immediate family
  832  of a reporting individual or procurement employee.
  833         (4) A reporting individual or procurement employee or any
  834  other person on his or her behalf is prohibited from knowingly
  835  accepting, directly or indirectly, a gift from a political
  836  committee or committee of continuous existence, as defined in s.
  837  106.011, from a vendor doing business with the reporting
  838  individual’s or procurement employee’s agency, or from a
  839  lobbyist who lobbies the reporting individual’s or procurement
  840  employee’s agency, or directly or indirectly on behalf of the
  841  partner, firm, employer, or principal of a lobbyist, if he or
  842  she knows or reasonably believes that the gift has a value in
  843  excess of $100; however, such a gift may be accepted by such
  844  person on behalf of a governmental entity or a charitable
  845  organization. If the gift is accepted on behalf of a
  846  governmental entity or charitable organization, the person
  847  receiving the gift shall not maintain custody of the gift for
  848  any period of time beyond that reasonably necessary to arrange
  849  for the transfer of custody and ownership of the gift.
  850         (5)(a) A political committee or a committee of continuous
  851  existence, as defined in s. 106.011; a vendor doing business
  852  with the reporting individual’s or procurement employee’s
  853  agency; a lobbyist who lobbies a reporting individual’s or
  854  procurement employee’s agency; the partner, firm, employer, or
  855  principal of a lobbyist; or another on behalf of the lobbyist or
  856  partner, firm, principal, or employer of the lobbyist is
  857  prohibited from giving, either directly or indirectly, a gift
  858  that has a value in excess of $100 to the reporting individual
  859  or procurement employee or any other person on his or her
  860  behalf; however, such person may give a gift having a value in
  861  excess of $100 to a reporting individual or procurement employee
  862  if the gift is intended to be transferred to a governmental
  863  entity or a charitable organization.
  864         (b) However, a person who is regulated by this subsection,
  865  who is not regulated by subsection (6), and who makes, or
  866  directs another to make, an individual gift having a value in
  867  excess of $25, but not in excess of $100, other than a gift
  868  which the donor knows will be accepted on behalf of a
  869  governmental entity or charitable organization, must file a
  870  report on the last day of each calendar quarter, for the
  871  previous calendar quarter in which a reportable gift is made.
  872  The report shall be filed with the Commission on Ethics, except
  873  with respect to gifts to reporting individuals of the
  874  legislative branch, in which case the report shall be filed with
  875  the Division of Legislative Information Services in the Office
  876  of Legislative Services. The report must contain a description
  877  of each gift, the monetary value thereof, the name and address
  878  of the person making such gift, the name and address of the
  879  recipient of the gift, and the date such gift is given. In
  880  addition, when a gift is made which requires the filing of a
  881  report under this subsection, the donor must notify the intended
  882  recipient at the time the gift is made that the donor, or
  883  another on his or her behalf, will report the gift under this
  884  subsection. Under this paragraph, a gift need not be reported by
  885  more than one person or entity.
  886         Section 9. Subsections (1), (3), and (4) of section
  887  112.3149, Florida Statutes, are amended to read:
  888         112.3149 Solicitation and disclosure of honoraria.—
  889         (1) As used in this section:
  890         (a) “Honorarium” means a payment of money or anything of
  891  value, directly or indirectly, to a reporting individual or
  892  procurement employee, or to any other person on his or her
  893  behalf, as consideration for:
  894         1. A speech, address, oration, or other oral presentation
  895  by the reporting individual or procurement employee, regardless
  896  of whether presented in person, recorded, or broadcast over the
  897  media.
  898         2. A writing by the reporting individual or procurement
  899  employee, other than a book, which has been or is intended to be
  900  published.
  901  
  902  The term “honorarium” does not include the payment for services
  903  related to employment held outside the reporting individual’s or
  904  procurement employee’s public position which resulted in the
  905  person becoming a reporting individual or procurement employee,
  906  any ordinary payment or salary received in consideration for
  907  services related to the reporting individual’s or procurement
  908  employee’s public duties, a campaign contribution reported
  909  pursuant to chapter 106, or the payment or provision of actual
  910  and reasonable transportation, lodging, and food and beverage
  911  expenses related to the honorarium event, including any event or
  912  meeting registration fee, for a reporting individual or
  913  procurement employee and spouse.
  914         (b) “Person” includes individuals, firms, associations,
  915  joint ventures, partnerships, estates, trusts, business trusts,
  916  syndicates, fiduciaries, corporations, and all other groups or
  917  combinations.
  918         (c) “Reporting individual” means any individual who is
  919  required by law, pursuant to s. 8, Art. II of the State
  920  Constitution or s. 112.3145, to file a full or limited public
  921  disclosure of his or her financial interests.
  922         (d)1. “Lobbyist” means any natural person who, for
  923  compensation, seeks, or sought during the preceding 12 months,
  924  to influence the governmental decisionmaking of a reporting
  925  individual or procurement employee or his or her agency or
  926  seeks, or sought during the preceding 12 months, to encourage
  927  the passage, defeat, or modification of any proposal or
  928  recommendation by the reporting individual or procurement
  929  employee or his or her agency.
  930         2. With respect to an agency that has established by rule,
  931  ordinance, or law a registration process for persons seeking to
  932  influence decisionmaking or to encourage the passage, defeat, or
  933  modification of any proposal or recommendation by such agency or
  934  an employee or official of the agency, the term “lobbyist”
  935  includes only a person who is required to be registered as a
  936  lobbyist in accordance with such rule, ordinance, or law or who
  937  was during the preceding 12 months required to be registered as
  938  a lobbyist in accordance with such rule, ordinance, or law. At a
  939  minimum, such a registration system must require the
  940  registration of, or must designate, persons as “lobbyists” who
  941  engage in the same activities as require registration to lobby
  942  the Legislature pursuant to s. 11.045.
  943         (e) “Procurement employee” means any employee of an
  944  officer, department, board, commission, or council, or agency of
  945  the executive branch or judicial branch of state government who
  946  has participated in the preceding 12 months participates through
  947  decision, approval, disapproval, recommendation, preparation of
  948  any part of a purchase request, influencing the content of any
  949  specification or procurement standard, rendering of advice,
  950  investigation, or auditing or in any other advisory capacity in
  951  the procurement of contractual services or commodities as
  952  defined in s. 287.012, if the cost of such services or
  953  commodities exceeds or is expected to exceed $10,000 $1,000 in
  954  any fiscal year.
  955         (f) “Vendor” means a business entity doing business
  956  directly with an agency, such as renting, leasing, or selling
  957  any realty, goods, or services.
  958         (3) A reporting individual or procurement employee is
  959  prohibited from knowingly accepting an honorarium from a
  960  political committee or committee of continuous existence, as
  961  defined in s. 106.011, from a vendor doing business with the
  962  reporting individual’s or procurement employee’s agency, from a
  963  lobbyist who lobbies the reporting individual’s or procurement
  964  employee’s agency, or from the employer, principal, partner, or
  965  firm of such a lobbyist.
  966         (4) A political committee or committee of continuous
  967  existence, as defined in s. 106.011, a vendor doing business
  968  with the reporting individual’s or procurement employee’s
  969  agency, a lobbyist who lobbies a reporting individual’s or
  970  procurement employee’s agency, or the employer, principal,
  971  partner, or firm of such a lobbyist is prohibited from giving an
  972  honorarium to a reporting individual or procurement employee.
  973         Section 10. Subsections (1) and (7) of section 112.317,
  974  Florida Statutes, are amended to read:
  975         112.317 Penalties.—
  976         (1) Violation of any provision of this part, including, but
  977  not limited to, any failure to file any disclosures required by
  978  this part or violation of any standard of conduct imposed by
  979  this part, or violation of any provision of s. 8, Art. II of the
  980  State Constitution, in addition to any criminal penalty or other
  981  civil penalty involved, shall, under applicable constitutional
  982  and statutory procedures, constitute grounds for, and may be
  983  punished by, one or more of the following:
  984         (a) In the case of a public officer:
  985         1. Impeachment.
  986         2. Removal from office.
  987         3. Suspension from office.
  988         4. Public censure and reprimand.
  989         5. Forfeiture of no more than one-third salary per month
  990  for no more than 12 months.
  991         6. A civil penalty not to exceed $50,000 $10,000.
  992         7. Restitution of any pecuniary benefits received because
  993  of the violation committed. The commission may recommend that
  994  the restitution penalty be paid to the agency of which the
  995  public officer was a member or to the General Revenue Fund.
  996         (b) In the case of an employee or a person designated as a
  997  public officer by this part who otherwise would be deemed to be
  998  an employee:
  999         1. Dismissal from employment.
 1000         2. Suspension from employment for not more than 90 days
 1001  without pay.
 1002         3. Demotion.
 1003         4. Reduction in salary level.
 1004         5. Forfeiture of no more than one-third salary per month
 1005  for no more than 12 months.
 1006         6. A civil penalty not to exceed $50,000 $10,000.
 1007         7. Restitution of any pecuniary benefits received because
 1008  of the violation committed. The commission may recommend that
 1009  the restitution penalty be paid to the agency by which the
 1010  public employee was employed, or of which the officer was deemed
 1011  to be an employee, or to the General Revenue Fund.
 1012         8. Public censure and reprimand.
 1013         (c) In the case of a candidate who violates the provisions
 1014  of this part or s. 8(a) and (i), Art. II of the State
 1015  Constitution:
 1016         1. Disqualification from being on the ballot.
 1017         2. Public censure.
 1018         3. Reprimand.
 1019         4. A civil penalty not to exceed $50,000 $10,000.
 1020         (d) In the case of a former public officer or employee who
 1021  has violated a provision applicable to former officers or
 1022  employees or whose violation occurred before the officer’s or
 1023  employee’s leaving public office or employment:
 1024         1. Public censure and reprimand.
 1025         2. A civil penalty not to exceed $50,000 $10,000.
 1026         3. Restitution of any pecuniary benefits received because
 1027  of the violation committed. The commission may recommend that
 1028  the restitution penalty be paid to the agency of the public
 1029  officer or employee or to the General Revenue Fund.
 1030         (e) In the case of a person who is subject to the standards
 1031  of this part, other than a lobbyist or lobbying firm under s.
 1032  112.3215 for a violation of s. 112.3215, but who is not a public
 1033  officer or employee:
 1034         1. Public censure and reprimand.
 1035         2. A civil penalty not to exceed $50,000 $10,000.
 1036         3. Restitution of any pecuniary benefits received because
 1037  of the violation committed. The commission may recommend that
 1038  the restitution penalty be paid to the agency of the person or
 1039  to the General Revenue Fund.
 1040         (7) In any case in which the commission determines that a
 1041  person has filed a complaint against a public officer or
 1042  employee with actual malice a malicious intent to injure the
 1043  reputation of such officer or employee by filing the complaint
 1044  with knowledge that the complaint contains one or more false
 1045  allegations or with reckless disregard for whether the complaint
 1046  contains false allegations of fact material to a violation of
 1047  this part, the complainant shall be liable for costs plus
 1048  reasonable attorney’s fees incurred in the defense of the person
 1049  complained against, including the costs and reasonable
 1050  attorney’s fees incurred in proving entitlement to and the
 1051  amount of costs and fees. If the complainant fails to pay such
 1052  costs and fees voluntarily within 30 days following such finding
 1053  by the commission, the commission shall forward such information
 1054  to the Department of Legal Affairs, which shall bring a civil
 1055  action in a court of competent jurisdiction to recover the
 1056  amount of such costs and fees awarded by the commission.
 1057         Section 11. Subsections (1), (3), (4), (5), (8), and (11)
 1058  of section 112.324, Florida Statutes, are amended to read:
 1059         112.324 Procedures on complaints of violations; public
 1060  records and meeting exemptions.—
 1061         (1) Upon a written complaint executed on a form prescribed
 1062  by the commission and signed under oath or affirmation by any
 1063  person, The commission shall investigate any alleged violation
 1064  of this part or any other alleged breach of the public trust
 1065  within the jurisdiction of the commission as provided in s.
 1066  8(f), Art. II of the State Constitution in accordance with
 1067  procedures set forth in this section upon:
 1068         (a) A written complaint executed on a form prescribed by
 1069  the commission and signed under oath or affirmation by any
 1070  person;
 1071         (b) Receipt of reliable and publicly disseminated
 1072  information that seven members of the commission deem sufficient
 1073  to indicate a breach of the public trust. Commission staff may
 1074  not undertake any formal investigation other than collecting
 1075  publicly disseminated information before a determination of
 1076  sufficiency by the commission; or
 1077         (c) Receipt of a written referral of a possible violation
 1078  of this part or other possible breach of the public trust from
 1079  the Governor, the Chief Financial Officer, a state attorney, the
 1080  executive director of the Department of Law Enforcement, or
 1081  statewide prosecutor, which seven members of the commission deem
 1082  sufficient to indicate a breach of the public trust. herein.
 1083  
 1084  Within 5 days after receipt of a complaint by the commission or
 1085  after a determination by the commission that the information or
 1086  referral received is deemed sufficient, a copy shall be
 1087  transmitted to the alleged violator.
 1088         (3) A preliminary investigation shall be undertaken by the
 1089  commission of each legally sufficient complaint, information, or
 1090  referral over which the commission has jurisdiction to determine
 1091  whether there is probable cause to believe that a violation has
 1092  occurred. If, upon completion of the preliminary investigation,
 1093  the commission finds no probable cause to believe that this part
 1094  has been violated or that any other breach of the public trust
 1095  has been committed, the commission shall dismiss the complaint
 1096  or proceeding with the issuance of a public report to the
 1097  complainant and the alleged violator, stating with particularity
 1098  its reasons for dismissal of the complaint. At that time, the
 1099  complaint, the proceeding, and all materials relating to the
 1100  complaint and the proceeding shall become a matter of public
 1101  record. If the commission finds from the preliminary
 1102  investigation probable cause to believe that this part has been
 1103  violated or that any other breach of the public trust has been
 1104  committed, it shall so notify the complainant and the alleged
 1105  violator in writing. Such notification and all documents made or
 1106  received in the disposition of the complaint or proceeding shall
 1107  then become public records. Upon request submitted to the
 1108  commission in writing, any person who the commission finds
 1109  probable cause to believe has violated any provision of this
 1110  part or has committed any other breach of the public trust shall
 1111  be entitled to a public hearing. Such person shall be deemed to
 1112  have waived the right to a public hearing if the request is not
 1113  received within 14 days following the mailing of the probable
 1114  cause notification required by this subsection. However, the
 1115  commission may on its own motion, require a public hearing, may
 1116  conduct such further investigation as it deems necessary, and
 1117  may enter into such stipulations and settlements as it finds to
 1118  be just and in the best interest of the state. The standard of
 1119  proof shall be a preponderance of the evidence. The commission
 1120  is without jurisdiction to, and no respondent may voluntarily or
 1121  involuntarily, enter into a stipulation or settlement which
 1122  imposes any penalty, including, but not limited to, a sanction
 1123  or admonition or any other penalty contained in s. 112.317.
 1124  Penalties shall be imposed only by the appropriate disciplinary
 1125  authority as designated in this section.
 1126         (4) If, in cases pertaining to members of the Legislature,
 1127  upon completion of a full and final investigation by the
 1128  commission, the commission finds that there has been a violation
 1129  of this part or of any provision of s. 8, Art. II of the State
 1130  Constitution, the commission shall forward a copy of the
 1131  complaint, information, or referral and its findings by
 1132  certified mail to the President of the Senate or the Speaker of
 1133  the House of Representatives, whichever is applicable, who shall
 1134  refer the matter complaint to the appropriate committee for
 1135  investigation and action which shall be governed by the rules of
 1136  its respective house. It shall be the duty of the committee to
 1137  report its final action upon the matter complaint to the
 1138  commission within 90 days after of the date of transmittal to
 1139  the respective house. Upon request of the committee, the
 1140  commission shall submit a recommendation as to what penalty, if
 1141  any, should be imposed. In the case of a member of the
 1142  Legislature, the house in which the member serves shall have the
 1143  power to invoke the penalty provisions of this part.
 1144         (5) If, in cases pertaining to complaints against
 1145  impeachable officers, upon completion of a full and final
 1146  investigation by the commission, the commission finds that there
 1147  has been a violation of this part or of any provision of s. 8,
 1148  Art. II of the State Constitution, and the commission finds that
 1149  the violation may constitute grounds for impeachment, the
 1150  commission shall forward a copy of the complaint, information,
 1151  or referral and its findings by certified mail to the Speaker of
 1152  the House of Representatives, who shall refer the matter
 1153  complaint to the appropriate committee for investigation and
 1154  action which shall be governed by the rules of the House of
 1155  Representatives. It shall be the duty of the committee to report
 1156  its final action upon the matter complaint to the commission
 1157  within 90 days after of the date of transmittal.
 1158         (8) If, in cases pertaining to complaints other than
 1159  complaints against impeachable officers or members of the
 1160  Legislature, upon completion of a full and final investigation
 1161  by the commission, the commission finds that there has been a
 1162  violation of this part or of s. 8, Art. II of the State
 1163  Constitution, it shall be the duty of the commission to report
 1164  its findings and recommend appropriate action to the proper
 1165  disciplinary official or body as follows, and such official or
 1166  body shall have the power to invoke the penalty provisions of
 1167  this part, including the power to order the appropriate
 1168  elections official to remove a candidate from the ballot for a
 1169  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
 1170  State Constitution:
 1171         (a) The President of the Senate and the Speaker of the
 1172  House of Representatives, jointly, in any case concerning the
 1173  Public Counsel, members of the Public Service Commission,
 1174  members of the Public Service Commission Nominating Council, the
 1175  Auditor General, the director of the Office of Program Policy
 1176  Analysis and Government Accountability, or members of the
 1177  Legislative Committee on Intergovernmental Relations.
 1178         (b) The Supreme Court, in any case concerning an employee
 1179  of the judicial branch.
 1180         (c) The President of the Senate, in any case concerning an
 1181  employee of the Senate; the Speaker of the House of
 1182  Representatives, in any case concerning an employee of the House
 1183  of Representatives; or the President and the Speaker, jointly,
 1184  in any case concerning an employee of a committee of the
 1185  Legislature whose members are appointed solely by the President
 1186  and the Speaker or in any case concerning an employee of the
 1187  Public Counsel, Public Service Commission, Auditor General,
 1188  Office of Program Policy Analysis and Government Accountability,
 1189  or Legislative Committee on Intergovernmental Relations.
 1190         (d) Except as otherwise provided by this part, the
 1191  Governor, in the case of any other public officer, public
 1192  employee, former public officer or public employee, candidate or
 1193  former candidate, or person who is not a public officer or
 1194  employee, other than lobbyists and lobbying firms under s.
 1195  112.3215 for violations of s. 112.3215.
 1196         (e) The President of the Senate or the Speaker of the House
 1197  of Representatives, whichever is applicable, in any case
 1198  concerning a former member of the Legislature who has violated a
 1199  provision applicable to former members or whose violation
 1200  occurred while a member of the Legislature.
 1201         (11) Notwithstanding the provisions of subsections (1)-(8),
 1202  the commission may, at its discretion, dismiss any complaint,
 1203  information, or referral at any stage of disposition should it
 1204  determine that the public interest would not be served by
 1205  proceeding further, in which case the commission shall issue a
 1206  public report stating with particularity its reasons for the
 1207  dismissal.
 1208         Section 12. Subsections (8) and (11) of section 112.3215,
 1209  Florida Statutes, are amended to read:
 1210         112.3215 Lobbying before the executive branch or the
 1211  Constitution Revision Commission; registration and reporting;
 1212  investigation by commission.—
 1213         (8)(a) The commission shall investigate every sworn
 1214  complaint that is filed with it alleging that a person covered
 1215  by this section has failed to register, has failed to submit a
 1216  compensation report, has made a prohibited expenditure, or has
 1217  knowingly submitted false information in any report or
 1218  registration required in this section.
 1219         (b) All proceedings, the complaint, and other records
 1220  relating to the investigation are confidential and exempt from
 1221  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1222  Constitution, and any meetings held pursuant to an investigation
 1223  are exempt from the provisions of s. 286.011(1) and s. 24(b),
 1224  Art. I of the State Constitution either until the alleged
 1225  violator requests in writing that such investigation and
 1226  associated records and meetings be made public or until the
 1227  commission determines, based on the investigation, whether
 1228  probable cause exists to believe that a violation has occurred.
 1229         (c) The commission shall investigate any lobbying firm,
 1230  lobbyist, principal, agency, officer, or employee upon receipt
 1231  of information from a sworn complaint or from a random audit of
 1232  lobbying reports indicating a possible violation other than a
 1233  late-filed report.
 1234         (d) Records relating to an audit conducted pursuant to this
 1235  section or an investigation conducted pursuant to this section
 1236  or s. 112.32155 are confidential and exempt from s. 119.07(1)
 1237  and s. 24(a), Art. I of the State Constitution, and any meetings
 1238  held pursuant to such an investigation or at which such an audit
 1239  is discussed are exempt from s. 286.011 and s. 24(b), Art. I of
 1240  the State Constitution either until the lobbying firm requests
 1241  in writing that such investigation and associated records and
 1242  meetings be made public or until the commission determines there
 1243  is probable cause that the audit reflects a violation of the
 1244  reporting laws. This paragraph is subject to the Open Government
 1245  Sunset Review Act in accordance with s. 119.15 and shall stand
 1246  repealed on October 2, 2011, unless reviewed and saved from
 1247  repeal through reenactment by the Legislature.
 1248         (11)(a) Any person, when in doubt about the applicability
 1249  and interpretation of this section to himself or herself in a
 1250  particular context, may submit in writing the facts of the
 1251  situation to the commission with a request for an advisory
 1252  opinion to establish the standard of duty. An advisory opinion
 1253  shall be rendered by the commission and, until amended or
 1254  revoked, shall be binding on the conduct of the person who
 1255  sought the opinion, unless material facts were omitted or
 1256  misstated in the request.
 1257         (b) Any person who is required to be registered or to
 1258  provide information under this section or under rules adopted
 1259  pursuant to this section and who knowingly fails to disclose any
 1260  material fact that is required by this section or by rules
 1261  adopted pursuant to this section, or who knowingly provides
 1262  false information on any report required by this section or by
 1263  rules adopted pursuant to this section, commits a noncriminal
 1264  infraction, punishable by a fine not to exceed $5,000. Such
 1265  penalty is in addition to any other penalty assessed by the
 1266  Governor and Cabinet pursuant to subsection (10).
 1267         Section 13. Paragraph (a) of subsection (5) of section
 1268  411.01, Florida Statutes, is amended to read:
 1269         411.01 School readiness programs; early learning
 1270  coalitions.—
 1271         (5) CREATION OF EARLY LEARNING COALITIONS.—
 1272         (a) Early learning coalitions.—
 1273         1. The Agency for Workforce Innovation shall establish the
 1274  minimum number of children to be served by each early learning
 1275  coalition through the coalition’s school readiness program. The
 1276  Agency for Workforce Innovation may only approve school
 1277  readiness plans in accordance with this minimum number. The
 1278  minimum number must be uniform for every early learning
 1279  coalition and must:
 1280         a. Permit 30 or fewer coalitions to be established; and
 1281         b. Require each coalition to serve at least 2,000 children
 1282  based upon the average number of all children served per month
 1283  through the coalition’s school readiness program during the
 1284  previous 12 months.
 1285  
 1286  The Agency for Workforce Innovation shall adopt procedures for
 1287  merging early learning coalitions, including procedures for the
 1288  consolidation of merging coalitions, and for the early
 1289  termination of the terms of coalition members which are
 1290  necessary to accomplish the mergers. Each early learning
 1291  coalition must comply with the merger procedures and shall be
 1292  organized in accordance with this subparagraph by April 1, 2005.
 1293  By June 30, 2005, each coalition must complete the transfer of
 1294  powers, duties, functions, rules, records, personnel, property,
 1295  and unexpended balances of appropriations, allocations, and
 1296  other funds to the successor coalition, if applicable.
 1297         2. If an early learning coalition would serve fewer
 1298  children than the minimum number established under subparagraph
 1299  1., the coalition must merge with another county to form a
 1300  multicounty coalition. However, the Agency for Workforce
 1301  Innovation may authorize an early learning coalition to serve
 1302  fewer children than the minimum number established under
 1303  subparagraph 1., if:
 1304         a. The coalition demonstrates to the Agency for Workforce
 1305  Innovation that merging with another county or multicounty
 1306  region contiguous to the coalition would cause an extreme
 1307  hardship on the coalition;
 1308         b. The Agency for Workforce Innovation has determined
 1309  during the most recent annual review of the coalition’s school
 1310  readiness plan, or through monitoring and performance
 1311  evaluations conducted under paragraph (4)(l), that the coalition
 1312  has substantially implemented its plan and substantially met the
 1313  performance standards and outcome measures adopted by the
 1314  agency; and
 1315         c. The coalition demonstrates to the Agency for Workforce
 1316  Innovation the coalition’s ability to effectively and
 1317  efficiently implement the Voluntary Prekindergarten Education
 1318  Program.
 1319  
 1320  If an early learning coalition fails or refuses to merge as
 1321  required by this subparagraph, the Agency for Workforce
 1322  Innovation may dissolve the coalition and temporarily contract
 1323  with a qualified entity to continue school readiness and
 1324  prekindergarten services in the coalition’s county or
 1325  multicounty region until the coalition is reestablished through
 1326  resubmission of a school readiness plan and approval by the
 1327  agency.
 1328         3. Notwithstanding the provisions of subparagraphs 1. and
 1329  2., the early learning coalitions in Sarasota, Osceola, and
 1330  Santa Rosa Counties which were in operation on January 1, 2005,
 1331  are established and authorized to continue operation as
 1332  independent coalitions, and shall not be counted within the
 1333  limit of 30 coalitions established in subparagraph 1.
 1334         4. Each early learning coalition shall be composed of at
 1335  least 18 members but not more than 35 members. The Agency for
 1336  Workforce Innovation shall adopt standards establishing within
 1337  this range the minimum and maximum number of members that may be
 1338  appointed to an early learning coalition. These standards must
 1339  include variations for a coalition serving a multicounty region.
 1340  Each early learning coalition must comply with these standards.
 1341         5. The Governor shall appoint the chair and two other
 1342  members of each early learning coalition, who must each meet the
 1343  same qualifications as private sector business members appointed
 1344  by the coalition under subparagraph 7.
 1345         6. Each early learning coalition must include the following
 1346  members:
 1347         a. A Department of Children and Family Services district
 1348  administrator or his or her designee who is authorized to make
 1349  decisions on behalf of the department.
 1350         b. A district superintendent of schools or his or her
 1351  designee who is authorized to make decisions on behalf of the
 1352  district, who shall be a nonvoting member.
 1353         c. A regional workforce board executive director or his or
 1354  her designee.
 1355         d. A county health department director or his or her
 1356  designee.
 1357         e. A children’s services council or juvenile welfare board
 1358  chair or executive director, if applicable, who shall be a
 1359  nonvoting member if the council or board is the fiscal agent of
 1360  the coalition or if the council or board contracts with and
 1361  receives funds from the coalition for any purpose other than
 1362  rent.
 1363         f. An agency head of a local licensing agency as defined in
 1364  s. 402.302, where applicable.
 1365         g. A president of a community college or his or her
 1366  designee.
 1367         h. One member appointed by a board of county commissioners.
 1368         i. A central agency administrator, where applicable, who
 1369  shall be a nonvoting member.
 1370         j. A Head Start director, who shall be a nonvoting member.
 1371         k. A representative of private child care providers,
 1372  including family day care homes, who shall be a nonvoting
 1373  member.
 1374         l. A representative of faith-based child care providers,
 1375  who shall be a nonvoting member.
 1376         m. A representative of programs for children with
 1377  disabilities under the federal Individuals with Disabilities
 1378  Education Act, who shall be a nonvoting member.
 1379         7. Including the members appointed by the Governor under
 1380  subparagraph 5., more than one-third of the members of each
 1381  early learning coalition must be private sector business members
 1382  who do not have, and none of whose relatives as defined in s.
 1383  112.3143 has, a substantial financial interest in the design or
 1384  delivery of the Voluntary Prekindergarten Education Program
 1385  created under part V of chapter 1002 or the coalition’s school
 1386  readiness program. To meet this requirement an early learning
 1387  coalition must appoint additional members from a list of
 1388  nominees submitted to the coalition by a chamber of commerce or
 1389  economic development council within the geographic region served
 1390  by the coalition. The Agency for Workforce Innovation shall
 1391  establish criteria for appointing private sector business
 1392  members. These criteria must include standards for determining
 1393  whether a member or relative has a substantial financial
 1394  interest in the design or delivery of the Voluntary
 1395  Prekindergarten Education Program or the coalition’s school
 1396  readiness program.
 1397         8. A majority of the voting membership of an early learning
 1398  coalition constitutes a quorum required to conduct the business
 1399  of the coalition. An early learning coalition board may use any
 1400  method of telecommunications to conduct meetings, including
 1401  establishing a quorum through telecommunications, provided that
 1402  the public is given proper notice of a telecommunications
 1403  meeting and reasonable access to observe and, when appropriate,
 1404  participate.
 1405         9. A voting member of an early learning coalition may not
 1406  appoint a designee to act in his or her place, except as
 1407  otherwise provided in this paragraph. A voting member may send a
 1408  representative to coalition meetings, but that representative
 1409  does not have voting privileges. When a district administrator
 1410  for the Department of Children and Family Services appoints a
 1411  designee to an early learning coalition, the designee is the
 1412  voting member of the coalition, and any individual attending in
 1413  the designee’s place, including the district administrator, does
 1414  not have voting privileges.
 1415         10. Each member of an early learning coalition is subject
 1416  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
 1417  112.3143(3) s. 112.3143(3)(a), each voting member is a local
 1418  public officer who must abstain from voting when a voting
 1419  conflict exists.
 1420         11. For purposes of tort liability, each member or employee
 1421  of an early learning coalition shall be governed by s. 768.28.
 1422         12. An early learning coalition serving a multicounty
 1423  region must include representation from each county.
 1424         13. Each early learning coalition shall establish terms for
 1425  all appointed members of the coalition. The terms must be
 1426  staggered and must be a uniform length that does not exceed 4
 1427  years per term. Appointed members may serve a maximum of two
 1428  consecutive terms. When a vacancy occurs in an appointed
 1429  position, the coalition must advertise the vacancy.
 1430         Section 14. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader