Bill Amendment: FL S7006 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Ethics
Status: 2013-01-23 - Submit as committee bill by Ethics and Elections (SB 2) [S7006 Detail]
Download: Florida-2013-S7006-Ethics_and_Elections_Committee_Amendment_825436.html
Bill Title: Ethics
Status: 2013-01-23 - Submit as committee bill by Ethics and Elections (SB 2) [S7006 Detail]
Download: Florida-2013-S7006-Ethics_and_Elections_Committee_Amendment_825436.html
Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SPB 7006 Barcode 825436 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/23/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Ethics and Elections (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 Delete lines 555 - 560 5 and insert: 6 Section 7. Subsection (2) and paragraph (h) of subsection 5 7 of section 112.3144, Florida Statutes, are amended, present 8 subsection (7) is renumbered as subsection (9), and new 9 subsections (7) and (8) are added to that section, to read: 10 112.3144 Full and public disclosure of financial 11 interests.— 12 (2) A person who is required, pursuant to s. 8, Art. II of 13 the State Constitution, to file a full and public disclosure of 14 financial interests and who has filed a full and public 15 disclosure of financial interests for any calendar or fiscal 16 year shall not be required to file a statement of financial 17 interests pursuant to s. 112.3145(2) and (3) for the same year 18 or for any part thereof notwithstanding any requirement of this 19 part., except thatA candidate for office who has filed a full 20 and public disclosure of financial interests when qualifying as 21 a candidate before July 1 shall file a copy of that disclosure 22 with the commission, instead of filing a second original 23 disclosure as the annual disclosure required under this section. 24 A candidate who does not qualify until after the annual full and 25 public disclosure has been filed pursuant to this section shall 26 file a copy of his or her disclosure with the officer before 27 whom he or she qualifies. 28 Delete lines 684 - 689 29 and insert: 30 Section 9. Paragraphs (a) and (b) of subsection (1), 31 paragraph (a) of subsection (2), subsection (3), and paragraph 32 (i) of subsection (6) of section 112.3145, Florida Statutes, are 33 amended, present subsection (9) of that section is renumbered as 34 subsection (11), and new subsections (9) and (10) are added to 35 that section to read: 36 112.3145 Disclosure of financial interests and clients 37 represented before agencies.— 38 (1) For purposes of this section, unless the context 39 otherwise requires, the term: 40 (a) “Local officer” means: 41 1. Every person who is elected to office in any political 42 subdivision of the state, and every person who is appointed to 43 fill a vacancy for an unexpired term in such an elective office. 44 2. Any appointed member of any of the following boards, 45 councils, commissions, authorities, or other bodies of any 46 county, municipality, school district, independent special 47 district, or other political subdivision of the state: 48 a. The governing body of the political subdivision, if 49 appointed; 50b. An expressway authority or transportation authority51established by general law;52 b.c.A community college or junior college district board 53 of trustees; 54 c.d.A board having the power to enforce local code 55 provisions; 56 d.e.A planning or zoning board, board of adjustment, board 57 of appeals, community redevelopment agency board, or other board 58 having the power to recommend, create, or modify land planning 59 or zoning within the political subdivision, except for citizen 60 advisory committees, technical coordinating committees, and such 61 other groups who only have the power to make recommendations to 62 planning or zoning boards; 63 e.f.A pension board or retirement board having the power 64 to invest pension or retirement funds or the power to make a 65 binding determination of one’s entitlement to or amount of a 66 pension or other retirement benefit; or 67 f.g.Any other appointed member of a local government board 68 who is required to file a statement of financial interests by 69 the appointing authority or the enabling legislation, ordinance, 70 or resolution creating the board. 71 3. Any person holding one or more of the following 72 positions: mayor; county or city manager; chief administrative 73 employee of a county, municipality, or other political 74 subdivision; county or municipal attorney; finance director of a 75 county, municipality, or other political subdivision; chief 76 county or municipal building code inspector; county or municipal 77 water resources coordinator; county or municipal pollution 78 control director; county or municipal environmental control 79 director; county or municipal administrator, with power to grant 80 or deny a land development permit; chief of police; fire chief; 81 municipal clerk; district school superintendent; community 82 college president; district medical examiner; or purchasing 83 agent having the authority to make any purchase exceeding the 84 threshold amount provided for in s. 287.017 for CATEGORY ONE, on 85 behalf of any political subdivision of the state or any entity 86 thereof. 87 (b) “Specified state employee” means: 88 1. Public counsel created by chapter 350, an assistant 89 state attorney, an assistant public defender, a criminal 90 conflict and civil regional counsel, an assistant criminal 91 conflict and civil regional counsel, a full-time state employee 92 who serves as counsel or assistant counsel to any state agency, 93 the Deputy Chief Judge of Compensation Claims, a judge of 94 compensation claims, an administrative law judge, or a hearing 95 officer. 96 2. Any person employed in the office of the Governor or in 97 the office of any member of the Cabinet if that person is exempt 98 from the Career Service System, except persons employed in 99 clerical, secretarial, or similar positions. 100 3. The State Surgeon General or each appointed secretary, 101 assistant secretary, deputy secretary, executive director, 102 assistant executive director, or deputy executive director of 103 each state department, commission, board, or council; unless 104 otherwise provided, the division director, assistant division 105 director, deputy director, bureau chief, and assistant bureau 106 chief of any state department or division; or any person having 107 the power normally conferred upon such persons, by whatever 108 title. 109 4. The superintendent or institute director of a state 110 mental health institute established for training and research in 111 the mental health field or the warden or director of any major 112 state institution or facility established for corrections, 113 training, treatment, or rehabilitation. 114 5. Business managers, purchasing agents having the power to 115 make any purchase exceeding the threshold amount provided for in 116 s. 287.017 for CATEGORY ONE, finance and accounting directors, 117 personnel officers, or grants coordinators for any state agency. 118 6. Any person, other than a legislative assistant exempted 119 by the presiding officer of the house by which the legislative 120 assistant is employed, who is employed in the legislative branch 121 of government, except persons employed in maintenance, clerical, 122 secretarial, or similar positions. 123 7. Each employee of the Commission on Ethics. 124 (2)(a) A person seeking nomination or election to a state 125 or local elective office shall file a statement of financial 126 interests together with, and at the same time he or she files, 127 qualifying papers. A candidate for office who has filed a 128 statement of financial interests when qualifying as a candidate 129 before July 1 shall file a copy of that statement with the 130 commission, instead of filing a second original statement, as 131 the annual disclosure required pursuant to this section, and a 132 candidate who does not qualify until after the annual statement 133 of financial interests has been filed under this section shall 134 file a copy of his or her disclosure with the officer before 135 whom he or she qualifies. 136 (3) The statement of financial interests for state 137 officers, specified state employees, local officers, and persons 138 seeking to qualify as candidates for state or local office shall 139 be filed even if the reporting person holds no financial 140 interests requiring disclosure, in which case the statement 141 shall be marked “not applicable.” Otherwise, the statement of 142 financial interests shall include, at the filer’s option, 143 either: 144 (a)1. All sources of income in excess of 5 percent of the 145 gross income received during the disclosure period by the person 146 in his or her own name or by any other person for his or her use 147 or benefit, excluding public salary. However, this shall not be 148 construed to require disclosure of a business partner’s sources 149 of income. The person reporting shall list such sources in 150 descending order of value with the largest source first; 151 2. All sources of income to a business entity in excess of 152 10 percent of the gross income of a business entity in which the 153 reporting person held a material interest and from which he or 154 she received an amount which was in excess of 10 percent of his 155 or her gross income during the disclosure period and which 156 exceeds $1,500. The period for computing the gross income of the 157 business entity is the fiscal year of the business entity which 158 ended on, or immediately prior to, the end of the disclosure 159 period of the person reporting; 160 3. The location or description of real property in this 161 state, except for residences and vacation homes, owned directly 162 or indirectly by the person reporting, when such person owns in 163 excess of 5 percent of the value of such real property, and a 164 general description of any intangible personal property worth in 165 excess of 10 percent of such person’s total assets. For the 166 purposes of this paragraph, indirect ownership does not include 167 ownership by a spouse or minor child; and 168 4. Every individual liability that equals more than the 169 reporting person’s net worth; or 170 (b)1. All sources of gross income in excess of $2,500 171 received during the disclosure period by the person in his or 172 her own name or by any other person for his or her use or 173 benefit, excluding public salary. However, this shall not be 174 construed to require disclosure of a business partner’s sources 175 of income. The person reporting shall list such sources in 176 descending order of value with the largest source first; 177 2. All sources of income to a business entity in excess of 178 10 percent of the gross income of a business entity in which the 179 reporting person held a material interest and from which he or 180 she received gross income exceeding $5,000 during the disclosure 181 period. The period for computing the gross income of the 182 business entity is the fiscal year of the business entity which 183 ended on, or immediately prior to, the end of the disclosure 184 period of the person reporting; 185 3. The location or description of real property in this 186 state, except for residence and vacation homes, owned directly 187 or indirectly by the person reporting, when such person owns in 188 excess of 5 percent of the value of such real property, and a 189 general description of any intangible personal property worth in 190 excess of $10,000. For the purpose of this paragraph, indirect 191 ownership does not include ownership by a spouse or minor child; 192 and 193 4. Every liability in excess of $10,000. 194 195 A person filing a statement of financial interests shall 196 indicate on the statement whether he or she is using the method 197 specified in paragraph (a) or paragraph (b) of this subsection. 198 199 ================= T I T L E A M E N D M E N T ================ 200 And the title is amended as follows: 201 Delete line 53 202 and insert: 203 her respective house; amending s. 112.3144, F.S.; 204 authorizing a candidate to file the same full and 205 public disclosure of financial interests with his or 206 her qualifying officer or the commission under 207 specified conditions; 208 Delete line 91 209 and insert: 210 commission’s proposal; amending s. 112.3145, F.S.; 211 revising the definitions of “local officer” and 212 “specified state employee”; authorizing a candidate to 213 file the same statement of financial interests with 214 his or her qualifying officer or the commission under 215 specified conditions; requiring a person filing a 216 statement of financial interest to indicate the method 217 of reporting income;