February 26, 2020
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       Florida Senate - 2010                                    SB 1916
       
       
       
       By Senator Lawson
       
       
       
       
       6-01814A-10                                           20101916__
    1                        A bill to be entitled                      
    2         An act relating to standards of conduct; amending s.
    3         112.313, F.S.; revising the definition of “public
    4         officer”; revising provisions prohibiting doing
    5         business with one’s agency; providing applicability to
    6         units of government and persons related to or having a
    7         specified relationship with a public officer or
    8         employee; expanding the list of persons who have a
    9         relationship with a public officer or employee who may
   10         not accept compensation given to influence a vote or
   11         action; expanding the list of entities with which a
   12         public officer or employee may not have a conflicting
   13         employment or contractual relationship and expanding
   14         the prohibition to include certain association or
   15         affiliation; providing that a public officer may not
   16         represent or advocate on behalf of an entity before a
   17         legislative, advisory, or regulatory body of which the
   18         public official is a member; prohibiting elective
   19         public officers of state, county, or municipal
   20         legislative, advisory, or regulatory bodies from
   21         maintaining certain forms of employment or
   22         relationships with organizations whose purposes might
   23         be advanced or benefited by acts of the body of which
   24         the public officer is a member, from lobbying other
   25         state, county, or municipal legislative, advisory, or
   26         regulatory bodies or agencies on behalf or for the
   27         benefit of private parties, or from serving in certain
   28         advisory capacities that advocate on behalf of private
   29         parties under certain circumstances; prohibiting a
   30         member of the Legislature from representing persons or
   31         entities before certain governing or legislative
   32         bodies or agencies; prohibiting a member of the
   33         Legislature, an appointed state officer, an employee
   34         of the legislative branch, or a member of any state
   35         regulatory body from appearing, representing, or
   36         advocating on behalf of a person or entity before the
   37         body of which the individual is an officer, employee,
   38         or member, from having any employment, relationship,
   39         or affiliation with any entity that appears before the
   40         body of which the individual is an employee or member
   41         or in which the business or interests of the entity
   42         might be advanced by action of the legislative body of
   43         which the individual is an employee or member, from
   44         having any employment or association with any entity
   45         that lobbies or appears or advocates before the
   46         legislative body of which the person is an employee or
   47         member, or from being employed by or associated with
   48         any entity that provides advisory services before the
   49         legislative body of which the individual is an
   50         employee or member; prohibiting elective public
   51         officers of certain entities from lobbying before
   52         other such entities for the benefit of private parties
   53         or from serving as advisers to private parties when
   54         the purpose of the position is to lobby elected
   55         members for the benefit of the private party; amending
   56         s. 112.316, F.S.; revising construction of the code of
   57         ethics for public officers and employees; clarifying
   58         intent that public officers or certain employees may
   59         not accept certain lobbying, consulting, or advisory
   60         roles; amending s. 112.317, F.S.; providing criminal
   61         penalties for violations of the code of ethics for
   62         public officers and employees; amending s. 420.5061,
   63         F.S.; conforming a cross-reference; providing an
   64         effective date.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsections (1), (3), (4), (7), and (9) of
   69  section 112.313, Florida Statutes, are amended to read:
   70         112.313 Standards of conduct for public officers, employees
   71  of agencies, and local government attorneys.—
   72         (1) DEFINITION.—As used in this section, unless the context
   73  otherwise requires, the term “public officer” includes:
   74         (a) Any person elected to any state, county, or municipal
   75  office or position.
   76         (b) Any person or appointed to or holding any position hold
   77  office in any state, county, or municipal agency or board who is
   78  vested with any delegated legislative or quasi-legislative
   79  authority, including any person serving on any an advisory body.
   80         (3) DOING BUSINESS WITH ONE’S AGENCY.—No public officer or
   81  employee of an agency acting in his or her official capacity as
   82  a purchasing agent, or public officer acting in his or her
   83  official capacity, shall either directly or indirectly purchase,
   84  rent, or lease any realty, goods, or services for his or her own
   85  unit of government or agency from any business entity or
   86  organization of which the officer or employee or the officer’s
   87  or employee’s spouse, or child, or other relative, including any
   88  person with whom the public officer or employee has or maintains
   89  a cohabitational, intimate, or financially beneficial or
   90  dependent relationship, is an officer, partner, director, or
   91  proprietor or in which such officer or employee or the officer’s
   92  or employee’s spouse, or child, or other relative, including any
   93  person with whom the public officer or employee has or maintains
   94  a cohabitational, intimate, or financially beneficial or
   95  dependent relationship, or any combination of them, has a
   96  material interest. Nor shall A public officer or employee or the
   97  officer’s or employee’s spouse, child, or other relative,
   98  including any person with whom the public officer or employee
   99  has or maintains a cohabitational, intimate, or financially
  100  beneficial or dependent relationship, acting in a private
  101  capacity, shall not rent, lease, or sell any realty, goods, or
  102  services to the officer’s or employee’s own agency, if he or she
  103  is a state officer or employee, or to any political subdivision
  104  or any agency thereof served by that public, if he or she is
  105  serving as an officer or employee of that political subdivision.
  106  The foregoing shall not apply to district offices maintained by
  107  legislators when such offices are located in the legislator’s
  108  place of business or when such offices are on property wholly or
  109  partially owned by the legislator. This subsection shall not
  110  affect or be construed to prohibit contracts entered into prior
  111  to:
  112         (a) October 1, 1975.
  113         (b) Qualification for elective office.
  114         (c) Appointment to public office.
  115         (d) Beginning public employment.
  116         (4) UNAUTHORIZED COMPENSATION.—No public officer, employee
  117  of an agency, or local government attorney or his or her spouse
  118  or minor child or other relative, including any person with whom
  119  the public officer or employee has or maintains a
  120  cohabitational, intimate, or financially dependent relationship,
  121  shall, at any time, accept any compensation, payment, or thing
  122  of value when such public officer, employee, or local government
  123  attorney or other person knows, or, with the exercise of
  124  reasonable care, should know, that it was given to influence a
  125  vote or other action in which the officer, employee, or local
  126  government attorney was expected to participate in his or her
  127  official capacity.
  128         (7) CONFLICTING EMPLOYMENT, ASSOCIATION, AFFILIATION, OR
  129  CONTRACTUAL RELATIONSHIP.—
  130         (a) No public officer or employee of an agency shall have
  131  or hold any employment, association, affiliation, or contractual
  132  relationship with any business or professional entity, firm,
  133  association, or organization or any agency which is subject to
  134  the regulation of, or is doing business with, an agency of which
  135  he or she is an officer or employee, excluding those
  136  organizations and their officers who, when acting in their
  137  official capacity, enter into or negotiate a collective
  138  bargaining contract with the state or any municipality, county,
  139  or other political subdivision of the state; nor shall an
  140  officer or employee of an agency have or hold any employment, or
  141  contractual, or professional relationship, association, or
  142  affiliation that will create a continuing or frequently
  143  recurring conflict between his or her private interests and the
  144  performance of his or her public duties or that would impede the
  145  full and faithful discharge of his or her public duties or
  146  create the appearance of a conflict or impropriety.
  147         1. When the agency referred to is that certain kind of
  148  special tax district created by general or special law and is
  149  limited specifically to constructing, maintaining, managing, and
  150  financing improvements in the land area over which the agency
  151  has jurisdiction, or when the agency has been organized pursuant
  152  to chapter 298, then employment with, or entering into a
  153  contractual relationship with, such business entity by a public
  154  officer or employee of such agency shall not be prohibited by
  155  this subsection or be deemed a conflict per se. However, conduct
  156  by such officer or employee that is prohibited by, or otherwise
  157  frustrates the intent of, this section shall be deemed a
  158  conflict of interest in violation of the standards of conduct
  159  set forth by this section.
  160         2. When the agency referred to is a legislative body and
  161  the regulatory power over the business entity resides in another
  162  agency, or when the regulatory power which the legislative body
  163  exercises over the business entity or agency is strictly through
  164  the enactment of laws or ordinances, then employment or a
  165  contractual relationship with such business entity by a public
  166  officer or employee of a legislative body shall not be
  167  prohibited by this subsection or be deemed a conflict.
  168         (b) This subsection shall not prohibit a public officer or
  169  employee from practicing in a particular profession or
  170  occupation when such practice by persons holding such public
  171  office or employment is required or permitted by law or
  172  ordinance, provided that the public officer or employee does not
  173  have or maintain any kind of employment, association, or
  174  affiliation with any professional or business firm, entity,
  175  association, or organization that engages in, provides, or
  176  renders any services that may encompass any kind of
  177  representation or advocacy before the legislative or regulatory
  178  body of which the public officer or employee is a member.
  179         (c) No public officer in an elective office of any state,
  180  county, or municipal legislative or regulatory body shall have,
  181  maintain, or hold any kind of employment, or professional or
  182  business relationship, association, or affiliation of any kind,
  183  or any contractual relationship with any individual, business or
  184  professional entity, firm, association, or organization the
  185  business, financial, or professional operations, affairs,
  186  undertakings, interests, endeavors, or services of which are
  187  affected, are in any manner advanced, or may in any manner be
  188  benefited by any act of the legislative body of which the public
  189  officer is a part or member. The proscription in this paragraph
  190  is intended to prohibit public officers who are in an elective
  191  office of any state, county, or municipal legislative or
  192  regulatory body from being engaged, retained, hired, or employed
  193  in any capacity as a consultant, lobbyist, counselor, or adviser
  194  to any individual, entity, organization, firm, or association
  195  that advocates or promotes any legislative action or that
  196  receives funding from or as a consequence of any legislative
  197  action of the legislative or regulatory body of which the public
  198  officer is a part or member. However, the proscription in this
  199  paragraph shall not prohibit passive membership, affiliation, or
  200  association with any professional, trade, religious, or
  201  fraternal association which is not operated for profit, is not a
  202  political action committee, and does not provide any financial
  203  compensation or benefits to its members.
  204         (d) A public officer in an elective office of any state,
  205  county, or municipal legislative, advisory, or regulatory body
  206  is prohibited from:
  207         1. Lobbying any other state, county, or municipal
  208  legislative, advisory, or regulatory body or agency on behalf or
  209  for the benefit of any private individual, entity, firm, or
  210  organization; or
  211         2. Being hired, employed, retained, or otherwise acting as
  212  an adviser, consultant, or counselor to, or an advocate for or
  213  on behalf of, any private individual, entity, or organization
  214  when the intent, subject, purpose, or object of the engagement,
  215  employment, or position is to lobby any other state, county, or
  216  municipal legislative, advisory, or regulatory body or agency on
  217  behalf or for the benefit of any private individual, entity,
  218  firm, or organization.
  219         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  220  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  221         (a)1. It is the intent of the Legislature to implement by
  222  statute the provisions of s. 8(e), Art. II of the State
  223  Constitution relating to legislators, statewide elected
  224  officers, appointed state officers, and designated public
  225  employees.
  226         2. As used in this paragraph:
  227         a. “Employee” means:
  228         (I) Any person employed in the executive or legislative
  229  branch of government holding a position in the Senior Management
  230  Service as defined in s. 110.402 or any person holding a
  231  position in the Selected Exempt Service as defined in s. 110.602
  232  or any person having authority over policy or procurement
  233  employed by the Department of the Lottery.
  234         (II) The Auditor General, the director of the Office of
  235  Program Policy Analysis and Government Accountability, the
  236  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  237  at Arms and Clerk of the House of Representatives.
  238         (III) The executive director of the Legislative Committee
  239  on Intergovernmental Relations and the executive director and
  240  deputy executive director of the Commission on Ethics.
  241         (IV) An executive director, staff director, or deputy staff
  242  director of each joint committee, standing committee, or select
  243  committee of the Legislature; an executive director, staff
  244  director, executive assistant, analyst, or attorney of the
  245  Office of the President of the Senate, the Office of the Speaker
  246  of the House of Representatives, the Senate Majority Party
  247  Office, Senate Minority Party Office, House Majority Party
  248  Office, or House Minority Party Office; or any person, hired on
  249  a contractual basis, having the power normally conferred upon
  250  such persons, by whatever title.
  251         (V) The Chancellor and Vice Chancellors of the State
  252  University System; the general counsel to the Board of Governors
  253  of the State University System; and the president, provost, vice
  254  presidents, and deans of each state university.
  255         (VI) Any person, including an other-personal-services
  256  employee, having the power normally conferred upon the positions
  257  referenced in this sub-subparagraph.
  258         b. “Appointed state officer” means any member of an
  259  appointive board, commission, committee, council, or authority
  260  of the executive or legislative branch of state government whose
  261  powers, jurisdiction, and authority are not solely advisory and
  262  include the final determination or adjudication of any personal
  263  or property rights, duties, or obligations, other than those
  264  relative to its internal operations.
  265         c. “State agency” means an entity of the legislative,
  266  executive, or judicial branch of state government over which the
  267  Legislature exercises plenary budgetary and statutory control.
  268         3. No member of the Legislature, appointed state officer,
  269  or statewide elected officer shall personally represent another
  270  person or entity for compensation before the government body or
  271  agency of which the individual was an officer or member for a
  272  period of 2 years following vacation of office. No member of the
  273  Legislature shall personally represent another person or entity
  274  for compensation during his or her term of office before the
  275  governing or legislative body of a county, municipality, special
  276  district, or school district; before any state agency other than
  277  judicial tribunals or in settlement negotiations after the
  278  filing of a lawsuit; or before Congress or any agency of the
  279  Federal Government.
  280         4. No member of the Legislature, appointed state officer,
  281  employee of the legislative branch, or member of any state
  282  regulatory body shall:
  283         a. Appear on behalf of, or represent or advocate in favor
  284  or on behalf of, another person or entity before the government
  285  body or agency of which the individual is an officer, employee,
  286  or member;
  287         b. Have, maintain, or hold any employment, position, or
  288  professional or business relationship, association, or
  289  affiliation of any kind or any contractual relationship with any
  290  business or professional entity, firm, association, or
  291  organization that appears before the body of which the
  292  individual is an employee or member or the business or
  293  professional operations, affairs, interests, undertakings,
  294  services, or endeavors of which are advanced, or may be
  295  benefited, in any degree, by any act of the legislative body of
  296  which the individual is an employee or member;
  297         c. Have, maintain, or hold any employment, position, or
  298  professional or business relationship or association or
  299  affiliation of any kind with any business or professional
  300  entity, firm, association, or organization that lobbies or
  301  appears or advocates before the legislative body of which such
  302  individual is an employee or member or which otherwise
  303  represents individuals or business entities before the
  304  legislative body of which the individual is an employee or
  305  member with the intent, design, purpose, or objective of
  306  promoting, advancing, or causing any positive, favorable, or
  307  negative action or vote by such legislative body, including the
  308  passage, amendment, modification, or nonpassage or veto of any
  309  proposed law or legislative enactment; or
  310         d. Have, maintain, or hold any employment or position as a
  311  consultant, counselor, attorney, or adviser to any individual,
  312  entity, firm, association, or organization that provides or
  313  renders services representing or advocating on behalf or for the
  314  benefit of any individual, organization, or entity before the
  315  legislative body of which such individual is an employee or
  316  member, or which represents, lobbies, or appears or advocates
  317  before the legislative body of which such individual is an
  318  employee or member or which otherwise represents individuals or
  319  business entities before the legislative body of which the
  320  individual is an employee or member with the design, intent,
  321  purpose, or objective of promoting or causing any positive,
  322  favorable, or negative action or vote by such legislative body,
  323  including the passage, amendment, modification, or nonpassage or
  324  veto of any proposed law or legislative enactment.
  325         5. A public officer in an elective office of any state,
  326  county, or municipal legislative, advisory, or regulatory body
  327  is prohibited from:
  328         a. Lobbying any other state, county, or municipal
  329  legislative, advisory, or regulatory body or agency on behalf or
  330  for the benefit of any private individual, entity, or
  331  organization; or
  332         b. Acting as an adviser, counselor, or consultant to, or an
  333  advocate for or on behalf or for the benefit of, any private
  334  individual, entity, or organization when the subject, purpose,
  335  or object of the engagement, employment, or position is to lobby
  336  any other state, county, or municipal legislative advisory or
  337  regulatory body or agency on behalf or for the benefit of any
  338  private individual, entity, or organization.
  339         c. Acting as an adviser, counselor, or consultant to, or an
  340  advocate for or on behalf or for the benefit of, any private
  341  individual, entity, or organization when the subject, purpose,
  342  or object of the engagement, employment, or position is to lobby
  343  any state, county, or municipal legislative, advisory, or
  344  regulatory body or agency on behalf or for the benefit or any
  345  private individual, entity, or organization, including being a
  346  partner or associate of, or having or maintaining any
  347  professional or business relationship or affiliation with, any
  348  individual, professional firm, or entity that engages or
  349  participates in any kind of lobbying activity or that advocates
  350  on behalf or for the benefit of any private individual, entity,
  351  or organization when the subject, purpose, or object of the
  352  engagement, employment, or position is to lobby or advocate
  353  before any other state, county, or municipal legislative,
  354  advisory, or regulatory body or agency.
  355         d. Acting as an adviser, consultant, or counselor to, or an
  356  advocate for or on behalf or for the benefit of, any entity of
  357  which any relative of the public officer is a shareholder,
  358  officer, director, or employee or with which the relative of the
  359  public officer is otherwise affiliated or associated in any
  360  capacity.
  361         6.4. An agency employee, including an agency employee who
  362  was employed on July 1, 2001, in a Career Service System
  363  position that was transferred to the Selected Exempt Service
  364  System under chapter 2001-43, Laws of Florida, may not
  365  personally represent another person or entity for compensation
  366  before the agency with which he or she was employed for a period
  367  of 2 years following vacation of position, unless employed by
  368  another agency of state government.
  369         7.5. Any person violating this paragraph shall be subject
  370  to the penalties provided in s. 112.317 and a civil penalty of
  371  an amount equal to the compensation which the person receives
  372  for the prohibited conduct.
  373         8.6. This paragraph is not applicable to:
  374         a. A person employed by the Legislature or other agency
  375  prior to July 1, 1989;
  376         b. A person who was employed by the Legislature or other
  377  agency on July 1, 1989, whether or not the person was a defined
  378  employee on July 1, 1989;
  379         c. A person who was a defined employee of the State
  380  University System or the Public Service Commission who held such
  381  employment on December 31, 1994;
  382         d. A person who has reached normal retirement age as
  383  defined in s. 121.021(29), and who has retired under the
  384  provisions of chapter 121 by July 1, 1991; or
  385         e. Any appointed state officer whose term of office began
  386  before January 1, 1995, unless reappointed to that office on or
  387  after January 1, 1995.
  388         (b) In addition to the provisions of this part which are
  389  applicable to legislators and legislative employees by virtue of
  390  their being public officers or employees, the conduct of members
  391  of the Legislature and legislative employees shall be governed
  392  by the ethical standards provided in the respective rules of the
  393  Senate or House of Representatives which are not in conflict
  394  herewith.
  395         Section 2. Section 112.316, Florida Statutes, is amended to
  396  read:
  397         112.316 Construction.—
  398         (1) It is not the intent of this part, nor shall it be
  399  construed, to prevent any officer or employee of a state agency
  400  or county, city, or other political subdivision of the state or
  401  any legislator or legislative employee from accepting other
  402  employment or following any pursuit which does not:
  403         (a) Involve lobbying in any form, including any consulting
  404  or advisory role to any individual, entity, or firm involved in
  405  lobbying in any form;
  406         (b) Interfere, or is not likely to interfere, with the full
  407  and faithful discharge by such officer, employee, legislator, or
  408  legislative employee of his or her duties to the state or the
  409  county, city, or other political subdivision of the state
  410  involved; or
  411         (c) Create an appearance of impropriety.
  412         (2) It is the intent of this part to strictly prohibit any
  413  public officer or employee of any state, county, or municipal
  414  legislative or governing body from acting as an adviser or
  415  consultant to, or an advocate for or on behalf of, any private
  416  individual, entity, or organization when the subject, purpose,
  417  or object of the employment, engagement, or position is to lobby
  418  any other state, county, or municipal governing, legislative,
  419  advisory, or regulatory body or agency on behalf or for the
  420  benefit of any private individual, entity, or organization, or
  421  to assist any other individual in doing so.
  422         Section 3. Subsection (8) is added to section 112.317,
  423  Florida Statutes, to read:
  424         112.317 Penalties.—
  425         (8) Except for a violation involving the failure to file a
  426  disclosure required under this part or for any omission in a
  427  disclosure required under this part:
  428         (a) Any public officer or employee who violates any
  429  provision of this part or who conceals, fails to disclose, or
  430  aids the commission or furtherance of any violation of this part
  431  or aids in concealing any violation of this part; or
  432         (b) Any private individual who participates in, conceals,
  433  or aids the commission or furtherance of any violation of this
  434  part or aids in concealing any violation of this part,
  435  
  436  commits a felony of the third degree, punishable as provided in
  437  s. 775.082, s. 775.083, or s. 775.084, in addition to any other
  438  civil penalty provided in this part.
  439         Section 4. Section 420.5061, Florida Statutes, is amended
  440  to read:
  441         420.5061 Transfer of agency assets and liabilities.—The
  442  corporation is the legal successor in all respects to the
  443  agency, is obligated to the same extent as the agency under any
  444  agreements existing on December 31, 1997, and is entitled to any
  445  rights and remedies previously afforded the agency by law or
  446  contract, including specifically the rights of the agency under
  447  chapter 201 and part VI of chapter 159. Effective January 1,
  448  1998, all references under Florida law to the agency are deemed
  449  to mean the corporation. The corporation shall transfer to the
  450  General Revenue Fund an amount which otherwise would have been
  451  deducted as a service charge pursuant to s. 215.20(1) if the
  452  Florida Housing Finance Corporation Fund established by s.
  453  420.508(5), the State Apartment Incentive Loan Fund established
  454  by s. 420.5087(7), the Florida Homeownership Assistance Fund
  455  established by s. 420.5088(4), the HOME Investment Partnership
  456  Fund established by s. 420.5089(1), and the Housing
  457  Predevelopment Loan Fund established by s. 420.525(1) were each
  458  trust funds. For purposes of s. 112.313, the corporation is
  459  deemed to be a continuation of the agency, and the provisions
  460  thereof are deemed to apply as if the same entity remained in
  461  place. Any employees of the agency and agency board members
  462  covered by s. 112.313(9)(a)8. s. 112.313(9)(a)6. shall continue
  463  to be entitled to the exemption in that subparagraph,
  464  notwithstanding being hired by the corporation or appointed as
  465  board members of the corporation.
  466         Section 5. This act shall take effect July 1, 2010.

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