Bill Text: FL S0002 | 2013 | Regular Session | Enrolled


Bill Title: Ethics

Spectrum: Slight Partisan Bill (Republican 26-14-2)

Status: (Passed) 2013-05-02 - Chapter No. 2013-36, companion bill(s) passed, see CS/SB 4 (Ch. 2013-38) [S0002 Detail]

Download: Florida-2013-S0002-Enrolled.html
       ENROLLED
       2013 Legislature                      CS for SB 2, 2nd Engrossed
       
       
       
       
       
       
                                                                20132er
    1  
    2         An act relating to ethics; amending s. 112.312, F.S.;
    3         revising the definitions of “business entity” and
    4         “gift”; creating s. 112.3125, F.S.; defining the term
    5         “public officer”; prohibiting public officers from
    6         accepting additional employment with the state or any
    7         of its political subdivisions under specified
    8         conditions; amending s. 112.313, F.S.; prohibiting a
    9         former legislator from acting as a lobbyist before an
   10         executive branch agency, agency official, or employee
   11         for a specified period following vacation of office;
   12         providing definitions; creating s. 112.3142, F.S.;
   13         defining the term “constitutional officers”; requiring
   14         constitutional officers to complete annual ethics
   15         training; specifying requirements for ethics training;
   16         requiring the commission to adopt rules to establish
   17         minimum course content; requiring each house of the
   18         Legislature to provide for ethics training pursuant to
   19         its rules; creating s. 112.31425, F.S.; providing
   20         legislative findings; providing that holding an
   21         economic interest in a qualified blind trust is not a
   22         prohibited conflict of interest; providing that a
   23         public officer may not attempt to influence, exercise
   24         control of, or obtain information regarding the
   25         holdings of the qualified blind trust; prohibiting
   26         communication regarding the qualified blind trust
   27         between a public officer or a person having a
   28         beneficial interest in the trust and the trustee;
   29         providing exceptions; requiring a public officer to
   30         report the qualified blind trust and its value on his
   31         or her financial disclosure form under specified
   32         circumstances; establishing requirements for creation
   33         of a qualified blind trust; requiring a public officer
   34         who holds a qualified blind trust to file a notice
   35         with the Commission on Ethics; requiring a covered
   36         public official to file an amendment to his or her
   37         most recent financial disclosure statement under
   38         specified conditions; amending s. 112.3143, F.S.;
   39         providing definitions; requiring state public officers
   40         to abstain from voting on any matter that the officer
   41         knows would inure to his or her special private gain
   42         or loss; requiring that a memorandum filed after a
   43         vote be filed no later than 15 days after the vote;
   44         providing that a member of the Legislature satisfies
   45         the disclosure requirement by filing a form created
   46         pursuant to the rules of his or her respective house;
   47         providing that confidential or privileged information
   48         need not be disclosed; amending s. 112.3144, F.S.;
   49         requiring the qualifying officer to electronically
   50         transmit a full and public disclosure of financial
   51         interests of a qualified candidate to the commission;
   52         providing timeframes for the filing of certain
   53         complaints; authorizing filing individuals to file an
   54         amended statement during a specified timeframe under
   55         specified conditions; authorizing the commission to
   56         immediately follow complaint procedures under
   57         specified conditions; prohibiting the commission from
   58         taking action on complaints alleging immaterial,
   59         inconsequential, or de minimis errors or omissions;
   60         providing what constitutes an immaterial,
   61         inconsequential, or de minimis error or omission;
   62         authorizing an individual required to file a
   63         disclosure to have the statement prepared by an
   64         attorney or a certified public accountant; requiring
   65         an attorney or certified public accountant to sign the
   66         completed disclosure form to indicate compliance with
   67         applicable requirements and that the disclosure is
   68         true and correct based on reasonable knowledge and
   69         belief; providing circumstances under which the
   70         commission must determine if an attorney or a
   71         certified public accountant failed to disclose
   72         information provided by the filing individual on the
   73         filed statement; providing that the failure of the
   74         attorney or certified public accountant to accurately
   75         transcribe information provided by the filing
   76         individual does not constitute a violation;
   77         authorizing an elected officer or candidate to use
   78         funds in an office account or campaign depository to
   79         pay an attorney or certified public accountant for
   80         preparing a disclosure; creating s. 112.31445, F.S.;
   81         providing a definition for “electronic filing system”;
   82         requiring all disclosures of financial interests filed
   83         with the commission to be scanned and made publicly
   84         available on a searchable Internet database beginning
   85         with the 2012 filing year; requiring the commission to
   86         submit a proposal to the President of the Senate and
   87         the Speaker of the House of Representatives for a
   88         mandatory electronic filing system by a specified
   89         date; establishing minimum requirements for the
   90         commission’s proposal; amending s. 112.3145, F.S.;
   91         revising the definitions of “local officer” and
   92         “specified state employee”; revising procedures for
   93         the filing of a statement of financial interests with
   94         a candidate’s qualifying papers; requiring a person
   95         filing a statement of financial interest to indicate
   96         the method of reporting income; providing timeframes
   97         for the filing of certain complaints; authorizing
   98         filing individuals to file an amended statement during
   99         a specified timeframe under specified conditions;
  100         authorizing the commission to immediately follow
  101         complaint procedures under specified conditions;
  102         prohibiting the commission from taking action on
  103         complaints alleging immaterial, inconsequential, or de
  104         minimis errors or omissions; providing what
  105         constitutes an immaterial, inconsequential, or de
  106         minimis error or omission; authorizing an individual
  107         required to file a disclosure to have the statement
  108         prepared by an attorney or a certified public
  109         accountant; requiring an attorney or certified public
  110         accountant to sign the completed disclosure form to
  111         indicate compliance with applicable requirements and
  112         that the disclosure is true and correct based on
  113         reasonable knowledge and belief; providing
  114         circumstances under which the commission must
  115         determine if an attorney or a certified public
  116         accountant failed to disclose information provided by
  117         the filing individual on the filed statement;
  118         providing that the failure of the attorney or
  119         certified public accountant to accurately transcribe
  120         information provided by the filing individual does not
  121         constitute a violation; authorizing an elected officer
  122         or candidate to use funds in an office account or
  123         campaign depository to pay an attorney or certified
  124         public accountant for preparing a disclosure; creating
  125         s. 112.31455, F.S.; requiring the commission to
  126         attempt to determine whether an individual owing
  127         certain fines is a current public officer or public
  128         employee; authorizing the commission to notify the
  129         Chief Financial Officer or the governing body of a
  130         county, municipality, or special district of the total
  131         amount of any fine owed to the commission by such
  132         individuals; requiring that the Chief Financial
  133         Officer or the governing body of a county,
  134         municipality, or special district begin withholding
  135         portions of any salary payment that would otherwise be
  136         paid to the current public officer or public employee;
  137         requiring that the withheld payments be remitted to
  138         the commission until the fine is satisfied;
  139         authorizing the Chief Financial Officer or the
  140         governing body to retain a portion of payment for
  141         administrative costs; authorizing collection methods
  142         for the commission or the Department of Financial
  143         Services for individuals who are no longer public
  144         officers or public employees; authorizing the
  145         commission to contract with a collection agency;
  146         authorizing a collection agency to utilize collection
  147         methods authorized by law; authorizing the commission
  148         to collect an unpaid fine within a specified period of
  149         issuance of the final order; amending s. 112.3147,
  150         F.S.; providing an exception to the requirement that
  151         all forms be prescribed by the commission; amending s.
  152         112.3148, F.S.; revising the definition of
  153         “procurement employee”; creating a definition for
  154         “vendor”; prohibiting a reporting individual or
  155         procurement employee from soliciting or knowingly
  156         accepting a gift from a vendor; deleting references to
  157         committees of continuous existence; creating s.
  158         112.31485, F.S.; providing definitions for “gift” and
  159         “immediate family”; prohibiting a reporting individual
  160         or procurement employee or a member of his or her
  161         immediate family from soliciting or knowingly
  162         accepting any gift from a political committee;
  163         prohibiting a political committee from giving any gift
  164         to a reporting individual or procurement employee or a
  165         member of his or her immediate family; providing
  166         penalties for a violation; requiring that individuals
  167         who violate this section be held personally liable;
  168         amending s. 112.3149, F.S.; revising the definition of
  169         “procurement employee”; defining the term “vendor”;
  170         prohibiting a reporting individual or procurement
  171         employee from knowingly accepting an honorarium from a
  172         vendor; prohibiting a vendor from giving an honorarium
  173         to a reporting individual or procurement employee;
  174         amending s. 112.317, F.S.; making technical changes;
  175         amending s. 112.3215, F.S.; authorizing the commission
  176         to investigate sworn complaints alleging a prohibited
  177         expenditure; authorizing the commission to investigate
  178         a lobbyist or principal upon a sworn complaint or
  179         random audit; authorizing the Governor and Cabinet to
  180         assess a fine on a lobbyist or principal under
  181         specified conditions; providing a civil penalty;
  182         amending s. 112.324, F.S.; authorizing specified
  183         parties to submit written referrals of a possible
  184         violation of the Code of Ethics for Public Officers
  185         and Employees or other possible breaches of the public
  186         trust to the Commission on Ethics; establishing
  187         procedures for the receipt of written referrals by the
  188         commission; extending the period in which the
  189         disclosure of the intent to file or the filing of a
  190         complaint against a candidate is prohibited; providing
  191         exceptions; authorizing the commission to dismiss a
  192         complaint of a de minimis violation; providing
  193         exceptions; defining a de minimis violation;
  194         reenacting s. 120.665, F.S., relating to
  195         disqualification of agency personnel, to incorporate
  196         the amendments to s. 112.3143, F.S., in a reference
  197         thereto; reenacting s. 286.012, F.S., relating to
  198         voting requirements at meetings of governmental
  199         bodies, to incorporate the amendments made to s.
  200         112.3143, F.S., in a reference thereto; reenacting s.
  201         287.175, F.S., relating to penalties, to incorporate
  202         the amendments made to s. 112.324, F.S., in a
  203         reference thereto; amending s. 288.901, F.S.;
  204         conforming a cross-reference; amending s. 445.007,
  205         F.S., and reenacting subsection (1) of that section,
  206         relating to regional workforce boards, to incorporate
  207         the amendments made to s. 112.3143, F.S., in a
  208         reference thereto; conforming cross-references;
  209         reenacting s. 627.311(5)(m), F.S., relating to joint
  210         underwriters and joint reinsurers, to incorporate the
  211         amendments made to s. 112.3143, F.S., in a reference
  212         thereto; reenacting s. 627.351(6)(d), F.S., relating
  213         to Citizens Property Insurance Corporation, to
  214         incorporate the amendments made to s. 112.3143, F.S.;
  215         providing an effective date.
  216  
  217  Be It Enacted by the Legislature of the State of Florida:
  218  
  219         Section 1. Subsection (5) and paragraph (b) of subsection
  220  (12) of section 112.312, Florida Statutes, are amended to read:
  221         112.312 Definitions.—As used in this part and for purposes
  222  of the provisions of s. 8, Art. II of the State Constitution,
  223  unless the context otherwise requires:
  224         (5) “Business entity” means any corporation, partnership,
  225  limited partnership, company, limited liability company,
  226  proprietorship, firm, enterprise, franchise, association, self
  227  employed individual, or trust, whether fictitiously named or
  228  not, doing business in this state.
  229         (12)
  230         (b) “Gift” does not include:
  231         1. Salary, benefits, services, fees, commissions, gifts, or
  232  expenses associated primarily with the donee’s employment,
  233  business, or service as an officer or director of a corporation
  234  or organization.
  235         2. Except as provided in s. 112.31485, contributions or
  236  expenditures reported pursuant to chapter 106, contributions or
  237  expenditures reported pursuant to federal election law,
  238  campaign-related personal services provided without compensation
  239  by individuals volunteering their time, or any other
  240  contribution or expenditure by a political party or affiliated
  241  party committee.
  242         3. An honorarium or an expense related to an honorarium
  243  event paid to a person or the person’s spouse.
  244         4. An award, plaque, certificate, or similar personalized
  245  item given in recognition of the donee’s public, civic,
  246  charitable, or professional service.
  247         5. An honorary membership in a service or fraternal
  248  organization presented merely as a courtesy by such
  249  organization.
  250         6. The use of a public facility or public property, made
  251  available by a governmental agency, for a public purpose.
  252         7. Transportation provided to a public officer or employee
  253  by an agency in relation to officially approved governmental
  254  business.
  255         8. Gifts provided directly or indirectly by a state,
  256  regional, or national organization which promotes the exchange
  257  of ideas between, or the professional development of,
  258  governmental officials or employees, and whose membership is
  259  primarily composed of elected or appointed public officials or
  260  staff, to members of that organization or officials or staff of
  261  a governmental agency that is a member of that organization.
  262         Section 2. Section 112.3125, Florida Statutes, is created
  263  to read:
  264         112.3125 Dual public employment.—
  265         (1) As used in this section, the term “public officer”
  266  includes any person who is elected to state or local office or,
  267  for the period of his or her candidacy, any person who has
  268  qualified as a candidate for state or local office.
  269         (2) A public officer may not accept public employment with
  270  the state or any of its political subdivisions if the public
  271  officer knows, or with the exercise of reasonable care should
  272  know, that the position is being offered by the employer for the
  273  purpose of gaining influence or other advantage based on the
  274  public officer’s office or candidacy.
  275         (3) Any public employment accepted by a public officer must
  276  meet all of the following conditions:
  277         (a)1. The position was already in existence or was created
  278  by the employer without the knowledge or anticipation of the
  279  public officer’s interest in such position;
  280         2. The position was publicly advertised;
  281         3. The public officer was subject to the same application
  282  and hiring process as other candidates for the position; and
  283         4. The public officer meets or exceeds the required
  284  qualifications for the position.
  285         (4) A person who was employed by the state or any of its
  286  political subdivisions before qualifying as a public officer for
  287  his or her current term of office or the next available term of
  288  office may continue his or her employment. However, he or she
  289  may not accept promotion, advancement, additional compensation,
  290  or anything of value that he or she knows, or with the exercise
  291  of reasonable care should know, is provided or given as a result
  292  of his or her election or position, or that is otherwise
  293  inconsistent with the promotion, advancement, additional
  294  compensation, or anything of value provided or given an employee
  295  who is similarly situated.
  296         (5) This section may not be interpreted as authorizing
  297  employment that is otherwise prohibited by law.
  298         Section 3. Paragraph (a) of subsection (9) of section
  299  112.313, Florida Statutes, is amended to read:
  300         112.313 Standards of conduct for public officers, employees
  301  of agencies, and local government attorneys.—
  302         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  303  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  304         (a)1. It is the intent of the Legislature to implement by
  305  statute the provisions of s. 8(e), Art. II of the State
  306  Constitution relating to legislators, statewide elected
  307  officers, appointed state officers, and designated public
  308  employees.
  309         2. As used in this paragraph:
  310         a. “Employee” means:
  311         (I) Any person employed in the executive or legislative
  312  branch of government holding a position in the Senior Management
  313  Service as defined in s. 110.402 or any person holding a
  314  position in the Selected Exempt Service as defined in s. 110.602
  315  or any person having authority over policy or procurement
  316  employed by the Department of the Lottery.
  317         (II) The Auditor General, the director of the Office of
  318  Program Policy Analysis and Government Accountability, the
  319  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  320  at Arms and Clerk of the House of Representatives.
  321         (III) The executive director and deputy executive director
  322  of the Commission on Ethics.
  323         (IV) An executive director, staff director, or deputy staff
  324  director of each joint committee, standing committee, or select
  325  committee of the Legislature; an executive director, staff
  326  director, executive assistant, analyst, or attorney of the
  327  Office of the President of the Senate, the Office of the Speaker
  328  of the House of Representatives, the Senate Majority Party
  329  Office, Senate Minority Party Office, House Majority Party
  330  Office, or House Minority Party Office; or any person, hired on
  331  a contractual basis, having the power normally conferred upon
  332  such persons, by whatever title.
  333         (V) The Chancellor and Vice Chancellors of the State
  334  University System; the general counsel to the Board of Governors
  335  of the State University System; and the president, provost, vice
  336  presidents, and deans of each state university.
  337         (VI) Any person, including an other-personal-services
  338  employee, having the power normally conferred upon the positions
  339  referenced in this sub-subparagraph.
  340         b. “Appointed state officer” means any member of an
  341  appointive board, commission, committee, council, or authority
  342  of the executive or legislative branch of state government whose
  343  powers, jurisdiction, and authority are not solely advisory and
  344  include the final determination or adjudication of any personal
  345  or property rights, duties, or obligations, other than those
  346  relative to its internal operations.
  347         c. “State agency” means an entity of the legislative,
  348  executive, or judicial branch of state government over which the
  349  Legislature exercises plenary budgetary and statutory control.
  350         3.a. No member of the Legislature, appointed state officer,
  351  or statewide elected officer shall personally represent another
  352  person or entity for compensation before the government body or
  353  agency of which the individual was an officer or member for a
  354  period of 2 years following vacation of office. No member of the
  355  Legislature shall personally represent another person or entity
  356  for compensation during his or her term of office before any
  357  state agency other than judicial tribunals or in settlement
  358  negotiations after the filing of a lawsuit.
  359         b. For a period of 2 years following vacation of office, a
  360  former member of the Legislature may not act as a lobbyist for
  361  compensation before an executive branch agency, agency official,
  362  or employee. The terms used in this sub-subparagraph have the
  363  same meanings as provided in s. 112.3215.
  364         4. An agency employee, including an agency employee who was
  365  employed on July 1, 2001, in a Career Service System position
  366  that was transferred to the Selected Exempt Service System under
  367  chapter 2001-43, Laws of Florida, may not personally represent
  368  another person or entity for compensation before the agency with
  369  which he or she was employed for a period of 2 years following
  370  vacation of position, unless employed by another agency of state
  371  government.
  372         5. Any person violating this paragraph shall be subject to
  373  the penalties provided in s. 112.317 and a civil penalty of an
  374  amount equal to the compensation which the person receives for
  375  the prohibited conduct.
  376         6. This paragraph is not applicable to:
  377         a. A person employed by the Legislature or other agency
  378  prior to July 1, 1989;
  379         b. A person who was employed by the Legislature or other
  380  agency on July 1, 1989, whether or not the person was a defined
  381  employee on July 1, 1989;
  382         c. A person who was a defined employee of the State
  383  University System or the Public Service Commission who held such
  384  employment on December 31, 1994;
  385         d. A person who has reached normal retirement age as
  386  defined in s. 121.021(29), and who has retired under the
  387  provisions of chapter 121 by July 1, 1991; or
  388         e. Any appointed state officer whose term of office began
  389  before January 1, 1995, unless reappointed to that office on or
  390  after January 1, 1995.
  391         Section 4. Section 112.3142, Florida Statutes, is created
  392  to read:
  393         112.3142 Ethics training for specified constitutional
  394  officers.—
  395         (1) As used in this section, the term “constitutional
  396  officers” includes the Governor, the Lieutenant Governor, the
  397  Attorney General, the Chief Financial Officer, the Commissioner
  398  of Agriculture, state attorneys, public defenders, sheriffs, tax
  399  collectors, property appraisers, supervisors of elections,
  400  clerks of the circuit court, county commissioners, district
  401  school board members, and superintendents of schools.
  402         (2)(a) All constitutional officers must complete 4 hours of
  403  ethics training annually that addresses, at a minimum, s. 8,
  404  Art. II of the State Constitution, the Code of Ethics for Public
  405  Officers and Employees, and the public records and public
  406  meetings laws of this state. This requirement may be satisfied
  407  by completion of a continuing legal education class or other
  408  continuing professional education class, seminar, or
  409  presentation if the required subjects are covered.
  410         (b) The commission shall adopt rules establishing minimum
  411  course content for the portion of an ethics training class that
  412  addresses s. 8, Art. II of the State Constitution and the Code
  413  of Ethics for Public Officers and Employees.
  414         (3) Each house of the Legislature shall provide for ethics
  415  training pursuant to its rules.
  416         Section 5. Section 112.31425, Florida Statutes, is created
  417  to read:
  418         112.31425 Qualified blind trusts.—
  419         (1) The Legislature finds that if a public officer creates
  420  a trust and does not control the interests held by the trust,
  421  his or her official actions will not be influenced or appear to
  422  be influenced by private considerations.
  423         (2) If a public officer holds a beneficial interest in a
  424  qualified blind trust as described in this section, he or she
  425  does not have a conflict of interest prohibited under s.
  426  112.313(3) or (7) or a voting conflict of interest under s.
  427  112.3143 with regard to matters pertaining to that interest.
  428         (3) The public officer may not attempt to influence or
  429  exercise any control over decisions regarding the management of
  430  assets in a qualified blind trust. The public officer or any
  431  person having a beneficial interest in the qualified blind trust
  432  may not make any effort to obtain information with respect to
  433  the holdings of the trust, including obtaining a copy of any
  434  trust tax return filed or any information relating thereto,
  435  except as otherwise provided in this section.
  436         (4) Except for communications that consist solely of
  437  requests for distributions of cash or other unspecified assets
  438  of the trust, the public officer or the person who has a
  439  beneficial interest may not have any direct or indirect
  440  communication with the trustee with respect to the trust, unless
  441  such communication is in writing and relates only to:
  442         (a) A distribution from the trust which does not specify
  443  the source or assets within the trust from which the
  444  distribution is to be made in cash or in kind;
  445         (b) The general financial interests and needs of the public
  446  officer or the person who has a beneficial interest, including,
  447  but not limited to, an interest in maximizing income or long
  448  term capital gain;
  449         (c) A notification of the trustee of a law or regulation
  450  subsequently applicable to the public officer which prohibits
  451  the officer from holding an asset and directs that the asset not
  452  be held by the trust; or
  453         (d) A direction to the trustee to sell all of an asset
  454  initially placed in the trust by the public officer which, in
  455  the determination of the public officer, creates a conflict of
  456  interest or the appearance thereof due to the subsequent
  457  assumption of duties by the public officer.
  458         (5) The public officer shall report the beneficial interest
  459  in the qualified blind trust and its value as an asset on his or
  460  her financial disclosure form, if the value is required to be
  461  disclosed. The public officer shall report the blind trust as a
  462  primary source of income on his or her financial disclosure
  463  forms and its amount, if the amount of income is required to be
  464  disclosed. The public officer is not required to report as a
  465  secondary source of income any source of income to the blind
  466  trust.
  467         (6) In order to constitute a qualified blind trust, the
  468  trust established by the public officer must meet the following
  469  requirements:
  470         (a) The appointed trustee must be a bank, trust company, or
  471  other institutional fiduciary or an individual who is an
  472  attorney, certified public accountant, broker, or investment
  473  advisor. If the trustee is an individual or if the trustee is a
  474  bank, trust company, or other institutional fiduciary, the
  475  individual responsible for managing the trust may not be:
  476         1. The public officer’s spouse, child, parent, grandparent,
  477  grandchild, brother, sister, parent-in-law, brother-in-law,
  478  sister-in-law, aunt, uncle, or first cousin, or the spouse of
  479  any such person;
  480         2. A person who is an elected or appointed public officer
  481  or a public employee;
  482         3. A person who has been appointed to serve in an agency by
  483  the public officer or by a public officer or public employee
  484  supervised by the public officer; or
  485         4. A business associate or principal of the public officer.
  486         (b) All assets in the trust must be free of any
  487  restrictions with respect to their transfer or sale. The trust
  488  may not contain investments or assets the transfer of which by
  489  the trustee is improbable or impractical without the public
  490  officer’s knowledge.
  491         (c) The trust agreement must:
  492         1. Contain a statement that its purpose is to remove from
  493  the grantor control and knowledge of investment of trust assets
  494  so that conflicts between the grantor’s responsibilities as a
  495  public officer and his or her private interests are eliminated.
  496         2. Give the trustee complete discretion to manage the
  497  trust, including, but not limited to, the power to dispose of
  498  and acquire trust assets without consulting or notifying the
  499  covered public officer or the person having a beneficial
  500  interest in the trust.
  501         3. Prohibit communication between the trustee and the
  502  public officer, or the person who has a beneficial interest in
  503  the trust, concerning the holdings or sources of income of the
  504  trust, except amounts of cash value or net income or loss, if
  505  such report does not identify any asset or holding, or except as
  506  provided in this section.
  507         4. Provide that the trust tax return is prepared by the
  508  trustee or his or her designee and that any information relating
  509  thereto is not disclosed to the public officer or to the person
  510  who has a beneficial interest, except as provided in this
  511  section.
  512         5. Permit the trustee to notify the public officer of the
  513  date of disposition and value at disposition of any original
  514  investment or interest in real property to the extent required
  515  by federal tax law so that the information can be reported on
  516  the public officer’s applicable tax returns.
  517         6. Prohibit the trustee from disclosing to the public
  518  officer or the person who has a beneficial interest any
  519  information concerning replacement assets to the trust, except
  520  for the minimum tax information necessary to enable the public
  521  official to complete an individual tax return required by law.
  522         (d) Within 5 business days after the agreement is executed,
  523  the public officer shall file with the commission a notice
  524  setting forth:
  525         1. The date that the agreement is executed.
  526         2. The name and address of the trustee.
  527         3. The acknowledgement by the trustee that he or she has
  528  agreed to serve as trustee.
  529         4. A certification by the trustee on a form prescribed by
  530  the commission that the trust meets all of the requirements of
  531  this section. In lieu of said certification, the public officer
  532  may file a copy of the trust agreement.
  533         5. A complete list of assets placed in the trust that the
  534  public officer would be required to disclose pursuant to ss.
  535  112.3144 or 112.3145.
  536         (7) If the trust is revoked while the covered public
  537  official is a public officer, or if the covered public official
  538  learns of any replacement assets that have been added to the
  539  trust, the covered public official shall file an amendment to
  540  his or her most recent financial disclosure statement. The
  541  amendment shall be filed no later than 60 days after the date of
  542  revocation or the addition of the replacement assets. The
  543  covered public official shall disclose the previously unreported
  544  pro rata share of the trust’s interests in investments or income
  545  deriving from any such investments. For purposes of this
  546  section, any replacement asset that becomes known to the covered
  547  public official shall thereafter be treated as though it were an
  548  original asset of the trust.
  549         Section 6. Subsections (1) and (2) of section 112.3143,
  550  Florida Statutes, are amended, current subsection (5) of that
  551  section is renumbered as subsection (6), and a new subsection
  552  (5) is added to that section, to read:
  553         112.3143 Voting conflicts.—
  554         (1) As used in this section:
  555         (a) “Principal by whom retained” means an individual or
  556  entity, other than an agency as defined in s. 112.312(2), that
  557  for compensation, salary, pay, consideration, or similar thing
  558  of value, has permitted or directed another to act for the
  559  individual or entity, and includes, but is not limited to, one’s
  560  client, employer, or the parent, subsidiary, or sibling
  561  organization of one’s client or employer.
  562         (b)(a) “Public officer” includes any person elected or
  563  appointed to hold office in any agency, including any person
  564  serving on an advisory body.
  565         (c)(b) “Relative” means any father, mother, son, daughter,
  566  husband, wife, brother, sister, father-in-law, mother-in-law,
  567  son-in-law, or daughter-in-law.
  568         (d) “Special private gain or loss” means an economic
  569  benefit or harm that would inure to the officer, his or her
  570  relative, business associate, or principal, unless the measure
  571  affects a class that includes the officer, his or her relative,
  572  business associate, or principal, in which case, at least the
  573  following factors must be considered when determining whether a
  574  special private gain or loss exists:
  575         1. The size of the class affected by the vote.
  576         2. The nature of the interests involved.
  577         3. The degree to which the interests of all members of the
  578  class are affected by the vote.
  579         4. The degree to which the officer, his or her relative,
  580  business associate, or principal receives a greater benefit or
  581  harm when compared to other members of the class.
  582  
  583  The degree to which there is uncertainty at the time of the vote
  584  as to whether there would be any economic benefit or harm to the
  585  public officer, his or her relative, business associate, or
  586  principal and, if so, the nature or degree of the economic
  587  benefit or harm must also be considered.
  588         (2)(a) A No state public officer may not vote on any matter
  589  that the officer knows would inure to his or her special private
  590  gain or loss is prohibited from voting in an official capacity
  591  on any matter. However, Any state public officer who abstains
  592  from voting in an official capacity upon any measure that which
  593  the officer knows would inure to the officer’s special private
  594  gain or loss, or who votes in an official capacity on a measure
  595  that; which he or she knows would inure to the special private
  596  gain or loss of any principal by whom the officer is retained or
  597  to the parent organization or subsidiary of a corporate
  598  principal by which the officer is retained other than an agency
  599  as defined in s. 112.312(2); or which the officer knows would
  600  inure to the special private gain or loss of a relative or
  601  business associate of the public officer, shall make every
  602  reasonable effort to, within 15 days after the vote occurs,
  603  disclose the nature of his or her interest as a public record in
  604  a memorandum filed with the person responsible for recording the
  605  minutes of the meeting, who shall incorporate the memorandum in
  606  the minutes. If it is not possible for the state public officer
  607  to file a memorandum before the vote, the memorandum must be
  608  filed with the person responsible for recording the minutes of
  609  the meeting no later than 15 days after the vote.
  610         (b) A member of the Legislature may satisfy the disclosure
  611  requirements of this section by filing a disclosure form created
  612  pursuant to the rules of the member’s respective house if the
  613  member discloses the information required by this subsection.
  614         (5) If disclosure of specific information would violate
  615  confidentiality or privilege pursuant to law or rules governing
  616  attorneys, a public officer, who is also an attorney, may comply
  617  with the disclosure requirements of this section by disclosing
  618  the nature of the interest in such a way as to provide the
  619  public with notice of the conflict.
  620         Section 7. Subsection (2) of section 112.3144, Florida
  621  Statutes, is amended, present subsection (7) is renumbered as
  622  subsection (9), and new subsections (7) and (8) are added to
  623  that section, to read:
  624         112.3144 Full and public disclosure of financial
  625  interests.—
  626         (2) A person who is required, pursuant to s. 8, Art. II of
  627  the State Constitution, to file a full and public disclosure of
  628  financial interests and who has filed a full and public
  629  disclosure of financial interests for any calendar or fiscal
  630  year shall not be required to file a statement of financial
  631  interests pursuant to s. 112.3145(2) and (3) for the same year
  632  or for any part thereof notwithstanding any requirement of this
  633  part. When a candidate has qualified for office, the qualifying
  634  officer shall forward an electronic copy of the full and public
  635  disclosure of financial interests to the commission no later
  636  than July 1. The electronic copy of the full and public
  637  disclosure of financial interests satisfies the annual
  638  disclosure requirement of this section. A candidate who does not
  639  qualify until after the annual full and public disclosure has
  640  been filed pursuant to this section, except that a candidate for
  641  office shall file a copy of his or her disclosure with the
  642  officer before whom he or she qualifies.
  643         (7)(a) The commission shall treat an amended full and
  644  public disclosure of financial interests that is filed prior to
  645  September 1 of the current year as the original filing,
  646  regardless of whether a complaint has been filed. If a complaint
  647  pertaining to the current year alleges a failure to properly and
  648  accurately disclose any information required by this section or
  649  if a complaint filed pertaining to a previous reporting period
  650  within the preceding 5 years alleges a failure to properly and
  651  accurately disclose any information required to be disclosed by
  652  this section, the commission may immediately follow complaint
  653  procedures in s. 112.324. However, if a complaint filed after
  654  August 25 alleges an immaterial, inconsequential, or de minimis
  655  error or omission, the commission may not take any action on the
  656  complaint, other than notifying the filer of the complaint. The
  657  filer must be given 30 days to file an amended full and public
  658  disclosure of financial interests correcting any errors. If the
  659  filer does not file an amended full and public disclosure of
  660  financial interests within 30 days after the commission sends
  661  notice of the complaint, the commission may continue with
  662  proceedings pursuant to s. 112.324.
  663         (b) For purposes of the final full and public disclosure of
  664  financial interests, the commission shall treat a new final full
  665  and public disclosure of financial interests as the original
  666  filing if filed within 60 days after the original filing,
  667  regardless of whether a complaint has been filed. If, more than
  668  60 days after a final full and public disclosure of financial
  669  interests is filed, a complaint is filed alleging a complete
  670  omission of any information required to be disclosed by this
  671  section, the commission may immediately follow the complaint
  672  procedures in s. 112.324. However, if the complaint alleges an
  673  immaterial, inconsequential, or de minimis error or omission,
  674  the commission may not take any action on the complaint, other
  675  than notifying the filer of the complaint. The filer must be
  676  given 30 days to file a new final full and public disclosure of
  677  financial interests correcting any errors. If the filer does not
  678  file a new final full and public disclosure of financial
  679  interests within 30 days after the commission sends notice of
  680  the complaint, the commission may continue with proceedings
  681  pursuant to s. 112.324.
  682         (c) For purposes of this section, an error or omission is
  683  immaterial, inconsequential, or de minimis if the original
  684  filing provided sufficient information for the public to
  685  identify potential conflicts of interest.
  686         (8)(a) An individual required to file a disclosure pursuant
  687  to this section may have the disclosure prepared by an attorney
  688  in good standing with The Florida Bar or by a certified public
  689  accountant licensed under chapter 473. After preparing a
  690  disclosure form, the attorney or certified public accountant
  691  must sign the form indicating that he or she prepared the form
  692  in accordance with this section and the instructions for
  693  completing and filing the disclosure forms and that, upon his or
  694  her reasonable knowledge and belief, the disclosure is true and
  695  correct. If a complaint is filed alleging a failure to disclose
  696  information required by this section, the commission shall
  697  determine whether the information was disclosed to the attorney
  698  or certified public accountant. The failure of the attorney or
  699  certified public accountant to accurately transcribe information
  700  provided by the individual required to file is not a violation
  701  of this section.
  702         (b) An elected officer or candidate who chooses to use an
  703  attorney or a certified public accountant to prepare his or her
  704  disclosure may pay for the services of the attorney or certified
  705  public accountant from funds in an office account created
  706  pursuant to s. 106.141 or, during a year that the individual
  707  qualifies for election to public office, the candidate’s
  708  campaign depository pursuant to s. 106.021.
  709         Section 8. Section 112.31445, Florida Statutes, is created
  710  to read:
  711         112.31445 Electronic filing system; full and public
  712  disclosure of financial interests.—
  713         (1) As used in this section, the term “electronic filing
  714  system” means an Internet system for recording and reporting
  715  full and public disclosure of financial interests or any other
  716  form that is required pursuant to s. 112.3144.
  717         (2) Beginning with the 2012 filing year, all full and
  718  public disclosures of financial interests filed with the
  719  commission pursuant to s. 8, Art. II of the State Constitution
  720  or s. 112.3144 must be scanned and made publicly available by
  721  the commission through a searchable Internet database.
  722         (3) By December 1, 2015, the commission shall submit a
  723  proposal to the President of the Senate and the Speaker of the
  724  House of Representatives for a mandatory electronic filing
  725  system. The proposal must, at a minimum:
  726         (a) Provide for access through the Internet.
  727         (b) Establish a procedure to make filings available in a
  728  searchable format that is accessible by an individual using
  729  standard web-browsing software.
  730         (c) Provide for direct completion of the full and public
  731  disclosure of financial interests forms as well as upload such
  732  information using software approved by the commission.
  733         (d) Provide a secure method that prevents unauthorized
  734  access to electronic filing system functions.
  735         (e) Provide a method for an attorney or certified public
  736  accountant licensed in this state to sign the disclosure form to
  737  indicate that he or she prepared the form in accordance with s.
  738  112.3144 and the instructions for completing and filing the
  739  disclosure form and that, upon his or her reasonable knowledge
  740  and belief, the form is true and correct.
  741         (f) Address whether additional statutory or rulemaking
  742  authority is necessary for implementation of the system, and
  743  must include, at a minimum, the following elements: alternate
  744  filing procedures to be used in the event that the commission’s
  745  electronic filing system is inoperable, issuance of an
  746  electronic receipt via electronic mail indicating and verifying
  747  to the individual who submitted the full and public disclosure
  748  of financial interests form that the form has been filed, and a
  749  determination of the feasibility and necessity of including
  750  statements of financial interests filed pursuant to s. 112.3145
  751  in the proposed system.
  752         Section 9. Paragraphs (a) and (b) of subsection (1),
  753  paragraph (a) of subsection (2), and subsection (3) of section
  754  112.3145, Florida Statutes, are amended, present subsection (9)
  755  of that section is renumbered as subsection (11), and new
  756  subsections (9) and (10) are added to that section, to read:
  757         112.3145 Disclosure of financial interests and clients
  758  represented before agencies.—
  759         (1) For purposes of this section, unless the context
  760  otherwise requires, the term:
  761         (a) “Local officer” means:
  762         1. Every person who is elected to office in any political
  763  subdivision of the state, and every person who is appointed to
  764  fill a vacancy for an unexpired term in such an elective office.
  765         2. Any appointed member of any of the following boards,
  766  councils, commissions, authorities, or other bodies of any
  767  county, municipality, school district, independent special
  768  district, or other political subdivision of the state:
  769         a. The governing body of the political subdivision, if
  770  appointed;
  771         b. An expressway authority or transportation authority
  772  established by general law;
  773         b.c. A community college or junior college district board
  774  of trustees;
  775         c.d. A board having the power to enforce local code
  776  provisions;
  777         d.e. A planning or zoning board, board of adjustment, board
  778  of appeals, community redevelopment agency board, or other board
  779  having the power to recommend, create, or modify land planning
  780  or zoning within the political subdivision, except for citizen
  781  advisory committees, technical coordinating committees, and such
  782  other groups who only have the power to make recommendations to
  783  planning or zoning boards;
  784         e.f. A pension board or retirement board having the power
  785  to invest pension or retirement funds or the power to make a
  786  binding determination of one’s entitlement to or amount of a
  787  pension or other retirement benefit; or
  788         f.g. Any other appointed member of a local government board
  789  who is required to file a statement of financial interests by
  790  the appointing authority or the enabling legislation, ordinance,
  791  or resolution creating the board.
  792         3. Any person holding one or more of the following
  793  positions: mayor; county or city manager; chief administrative
  794  employee of a county, municipality, or other political
  795  subdivision; county or municipal attorney; finance director of a
  796  county, municipality, or other political subdivision; chief
  797  county or municipal building code inspector; county or municipal
  798  water resources coordinator; county or municipal pollution
  799  control director; county or municipal environmental control
  800  director; county or municipal administrator, with power to grant
  801  or deny a land development permit; chief of police; fire chief;
  802  municipal clerk; district school superintendent; community
  803  college president; district medical examiner; or purchasing
  804  agent having the authority to make any purchase exceeding the
  805  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  806  behalf of any political subdivision of the state or any entity
  807  thereof.
  808         (b) “Specified state employee” means:
  809         1. Public counsel created by chapter 350, an assistant
  810  state attorney, an assistant public defender, a criminal
  811  conflict and civil regional counsel, an assistant criminal
  812  conflict and civil regional counsel, a full-time state employee
  813  who serves as counsel or assistant counsel to any state agency,
  814  the Deputy Chief Judge of Compensation Claims, a judge of
  815  compensation claims, an administrative law judge, or a hearing
  816  officer.
  817         2. Any person employed in the office of the Governor or in
  818  the office of any member of the Cabinet if that person is exempt
  819  from the Career Service System, except persons employed in
  820  clerical, secretarial, or similar positions.
  821         3. The State Surgeon General or each appointed secretary,
  822  assistant secretary, deputy secretary, executive director,
  823  assistant executive director, or deputy executive director of
  824  each state department, commission, board, or council; unless
  825  otherwise provided, the division director, assistant division
  826  director, deputy director, bureau chief, and assistant bureau
  827  chief of any state department or division; or any person having
  828  the power normally conferred upon such persons, by whatever
  829  title.
  830         4. The superintendent or institute director of a state
  831  mental health institute established for training and research in
  832  the mental health field or the warden or director of any major
  833  state institution or facility established for corrections,
  834  training, treatment, or rehabilitation.
  835         5. Business managers, purchasing agents having the power to
  836  make any purchase exceeding the threshold amount provided for in
  837  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  838  personnel officers, or grants coordinators for any state agency.
  839         6. Any person, other than a legislative assistant exempted
  840  by the presiding officer of the house by which the legislative
  841  assistant is employed, who is employed in the legislative branch
  842  of government, except persons employed in maintenance, clerical,
  843  secretarial, or similar positions.
  844         7. Each employee of the Commission on Ethics.
  845         (2)(a) A person seeking nomination or election to a state
  846  or local elective office shall file a statement of financial
  847  interests together with, and at the same time he or she files,
  848  qualifying papers. When a candidate has qualified for office
  849  prior to the deadline to file an annual statement of financial
  850  interests, the statement of financial interests that is filed
  851  with the candidate’s qualifying papers shall be deemed to
  852  satisfy the annual disclosure requirement of this section. The
  853  qualifying officer must record that the statement of financial
  854  interests was timely filed. However, if a candidate does not
  855  qualify until after the annual statement of financial interests
  856  has been filed, the candidate may file a copy of his or her
  857  statement with the qualifying officer.
  858         (3) The statement of financial interests for state
  859  officers, specified state employees, local officers, and persons
  860  seeking to qualify as candidates for state or local office shall
  861  be filed even if the reporting person holds no financial
  862  interests requiring disclosure, in which case the statement
  863  shall be marked “not applicable.” Otherwise, the statement of
  864  financial interests shall include, at the filer’s option,
  865  either:
  866         (a)1. All sources of income in excess of 5 percent of the
  867  gross income received during the disclosure period by the person
  868  in his or her own name or by any other person for his or her use
  869  or benefit, excluding public salary. However, this shall not be
  870  construed to require disclosure of a business partner’s sources
  871  of income. The person reporting shall list such sources in
  872  descending order of value with the largest source first;
  873         2. All sources of income to a business entity in excess of
  874  10 percent of the gross income of a business entity in which the
  875  reporting person held a material interest and from which he or
  876  she received an amount which was in excess of 10 percent of his
  877  or her gross income during the disclosure period and which
  878  exceeds $1,500. The period for computing the gross income of the
  879  business entity is the fiscal year of the business entity which
  880  ended on, or immediately prior to, the end of the disclosure
  881  period of the person reporting;
  882         3. The location or description of real property in this
  883  state, except for residences and vacation homes, owned directly
  884  or indirectly by the person reporting, when such person owns in
  885  excess of 5 percent of the value of such real property, and a
  886  general description of any intangible personal property worth in
  887  excess of 10 percent of such person’s total assets. For the
  888  purposes of this paragraph, indirect ownership does not include
  889  ownership by a spouse or minor child; and
  890         4. Every individual liability that equals more than the
  891  reporting person’s net worth; or
  892         (b)1. All sources of gross income in excess of $2,500
  893  received during the disclosure period by the person in his or
  894  her own name or by any other person for his or her use or
  895  benefit, excluding public salary. However, this shall not be
  896  construed to require disclosure of a business partner’s sources
  897  of income. The person reporting shall list such sources in
  898  descending order of value with the largest source first;
  899         2. All sources of income to a business entity in excess of
  900  10 percent of the gross income of a business entity in which the
  901  reporting person held a material interest and from which he or
  902  she received gross income exceeding $5,000 during the disclosure
  903  period. The period for computing the gross income of the
  904  business entity is the fiscal year of the business entity which
  905  ended on, or immediately prior to, the end of the disclosure
  906  period of the person reporting;
  907         3. The location or description of real property in this
  908  state, except for residence and vacation homes, owned directly
  909  or indirectly by the person reporting, when such person owns in
  910  excess of 5 percent of the value of such real property, and a
  911  general description of any intangible personal property worth in
  912  excess of $10,000. For the purpose of this paragraph, indirect
  913  ownership does not include ownership by a spouse or minor child;
  914  and
  915         4. Every liability in excess of $10,000.
  916  
  917  A person filing a statement of financial interests shall
  918  indicate on the statement whether he or she is using the method
  919  specified in paragraph (a) or paragraph (b) of this subsection.
  920         (9)(a) The commission shall treat an amended statement of
  921  financial interests that is filed prior to September 1 of the
  922  current year as the original filing, regardless of whether a
  923  complaint has been filed. If a complaint pertaining to the
  924  current year alleges a failure to properly and accurately
  925  disclose any information required by this section or if a
  926  complaint filed pertaining to a previous reporting period within
  927  the preceding 5 years alleges a failure to properly and
  928  accurately disclose any information required to be disclosed by
  929  this section, the commission may immediately follow complaint
  930  procedures in s. 112.324. However, if a complaint filed after
  931  August 25 alleges an immaterial, inconsequential, or de minimis
  932  error or omission, the commission may not take any action on the
  933  complaint, other than notifying the filer of the complaint. The
  934  filer must be given 30 days to file an amended statement of
  935  financial interests correcting any errors. If the filer does not
  936  file an amended statement of financial interests within 30 days
  937  after the commission sends notice of the complaint, the
  938  commission may continue with proceedings pursuant to s. 112.324.
  939         (b) For purposes of the final statement of financial
  940  interests, the commission shall treat a new final statement of
  941  financial interests, as the original filing, if filed within 60
  942  days of the original filing regardless of whether a complaint
  943  has been filed. If, more than 60 days after a final statement of
  944  financial interests is filed, a complaint is filed alleging a
  945  complete omission of any information required to be disclosed by
  946  this section, the commission may immediately follow the
  947  complaint procedures in s. 112.324. However, if the complaint
  948  alleges an immaterial, inconsequential, or de minimis error or
  949  omission, the commission may not take any action on the
  950  complaint other than notifying the filer of the complaint. The
  951  filer must be given 30 days to file a new final statement of
  952  financial interests correcting any errors. If the filer does not
  953  file a new final statement of financial interests within 30 days
  954  after the commission sends notice of the complaint, the
  955  commission may continue with proceedings pursuant to s. 112.324.
  956         (c) For purposes of this section, an error or omission is
  957  immaterial, inconsequential, or de minimis if the original
  958  filing provided sufficient information for the public to
  959  identify potential conflicts of interest.
  960         (10)(a) An individual required to file a disclosure
  961  pursuant to this section may have the disclosure prepared by an
  962  attorney in good standing with The Florida Bar or by a certified
  963  public accountant licensed under chapter 473. After preparing a
  964  disclosure form, the attorney or certified public accountant
  965  must sign the form indicating that he or she prepared the form
  966  in accordance with this section and the instructions for
  967  completing and filing the disclosure forms and that, upon his or
  968  her reasonable knowledge and belief, the disclosure is true and
  969  correct. If a complaint is filed alleging a failure to disclose
  970  information required by this section, the commission shall
  971  determine whether the information was disclosed to the attorney
  972  or certified public accountant. The failure of the attorney or
  973  certified public accountant to accurately transcribe information
  974  provided by the individual who is required to file the
  975  disclosure does not constitute a violation of this section.
  976         (b) An elected officer or candidate who chooses to use an
  977  attorney or a certified public accountant to prepare his or her
  978  disclosure may pay for the services of the attorney or certified
  979  public accountant from funds in an office account created
  980  pursuant to s. 106.141 or, during a year that the individual
  981  qualifies for election to public office, the candidate’s
  982  campaign depository pursuant to s. 106.021.
  983         Section 10. Section 112.31455, Florida Statutes, is created
  984  to read:
  985         112.31455 Collection methods for unpaid automatic fines for
  986  failure to timely file disclosure of financial interests.—
  987         (1) Before referring any unpaid fine accrued pursuant to s.
  988  112.3144(5) or s. 112.3145(6) to the Department of Financial
  989  Services, the commission shall attempt to determine whether the
  990  individual owing such a fine is a current public officer or
  991  current public employee. If so, the commission may notify the
  992  Chief Financial Officer or the governing body of the appropriate
  993  county, municipality, or special district of the total amount of
  994  any fine owed to the commission by such individual.
  995         (a) After receipt and verification of the notice from the
  996  commission, the Chief Financial Officer or the governing body of
  997  the county, municipality, or special district shall begin
  998  withholding the lesser of 10 percent or the maximum amount
  999  allowed under federal law from any salary-related payment. The
 1000  withheld payments shall be remitted to the commission until the
 1001  fine is satisfied.
 1002         (b) The Chief Financial Officer or the governing body of
 1003  the county, municipality, or special district may retain an
 1004  amount of each withheld payment, as provided in s. 77.0305, to
 1005  cover the administrative costs incurred under this section.
 1006         (2) If the commission determines that the individual who is
 1007  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
 1008  or s. 112.3145(6) is no longer a public officer or public
 1009  employee or if the commission is unable to determine whether the
 1010  individual is a current public officer or public employee, the
 1011  commission may, 6 months after the order becomes final, seek
 1012  garnishment of any wages to satisfy the amount of the fine, or
 1013  any unpaid portion thereof, pursuant to chapter 77. Upon
 1014  recording the order imposing the fine with the clerk of the
 1015  circuit court, the order shall be deemed a judgment for purposes
 1016  of garnishment pursuant to chapter 77.
 1017         (3) The commission may refer unpaid fines to the
 1018  appropriate collection agency, as directed by the Chief
 1019  Financial Officer, to utilize any collection methods provided by
 1020  law. Except as expressly limited by this section, any other
 1021  collection methods authorized by law are allowed.
 1022         (4) Action may be taken to collect any unpaid fine imposed
 1023  by ss. 112.3144 and 112.3145 within 20 years after the date the
 1024  final order is rendered.
 1025         Section 11. Section 112.3147, Florida Statutes, is amended
 1026  to read:
 1027         112.3147 Forms.—Except as otherwise provided, all
 1028  information required to be furnished by ss. 112.313, 112.3143,
 1029  112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II
 1030  of the State Constitution shall be on forms prescribed by the
 1031  Commission on Ethics.
 1032         Section 12. Paragraph (e) of subsection (2) of section
 1033  112.3148, Florida Statutes, is amended and paragraph (f) is
 1034  added to that subsection, and subsections (3) through (5) of
 1035  that section are amended, to read:
 1036         112.3148 Reporting and prohibited receipt of gifts by
 1037  individuals filing full or limited public disclosure of
 1038  financial interests and by procurement employees.—
 1039         (2) As used in this section:
 1040         (e) “Procurement employee” means any employee of an
 1041  officer, department, board, commission, or council, or agency of
 1042  the executive branch or judicial branch of state government who
 1043  has participated in the preceding 12 months participates through
 1044  decision, approval, disapproval, recommendation, preparation of
 1045  any part of a purchase request, influencing the content of any
 1046  specification or procurement standard, rendering of advice,
 1047  investigation, or auditing or in any other advisory capacity in
 1048  the procurement of contractual services or commodities as
 1049  defined in s. 287.012, if the cost of such services or
 1050  commodities exceeds or is expected to exceed $10,000 $1,000 in
 1051  any fiscal year.
 1052         (f) “Vendor” means a business entity doing business
 1053  directly with an agency, such as renting, leasing, or selling
 1054  any realty, goods, or services.
 1055         (3) A reporting individual or procurement employee is
 1056  prohibited from soliciting any gift from a vendor doing business
 1057  with the reporting individual’s or procurement employee’s
 1058  agency, a political committee or committee of continuous
 1059  existence, as defined in s. 106.011, or from a lobbyist who
 1060  lobbies the reporting individual’s or procurement employee’s
 1061  agency, or the partner, firm, employer, or principal of such
 1062  lobbyist, where such gift is for the personal benefit of the
 1063  reporting individual or procurement employee, another reporting
 1064  individual or procurement employee, or any member of the
 1065  immediate family of a reporting individual or procurement
 1066  employee.
 1067         (4) A reporting individual or procurement employee or any
 1068  other person on his or her behalf is prohibited from knowingly
 1069  accepting, directly or indirectly, a gift from a vendor doing
 1070  business with the reporting individual’s or procurement
 1071  employee’s agency, a political committee or committee of
 1072  continuous existence, as defined in s. 106.011, or from a
 1073  lobbyist who lobbies the reporting individual’s or procurement
 1074  employee’s agency, or directly or indirectly on behalf of the
 1075  partner, firm, employer, or principal of a lobbyist, if he or
 1076  she knows or reasonably believes that the gift has a value in
 1077  excess of $100; however, such a gift may be accepted by such
 1078  person on behalf of a governmental entity or a charitable
 1079  organization. If the gift is accepted on behalf of a
 1080  governmental entity or charitable organization, the person
 1081  receiving the gift shall not maintain custody of the gift for
 1082  any period of time beyond that reasonably necessary to arrange
 1083  for the transfer of custody and ownership of the gift.
 1084         (5)(a)  A vendor doing business with the reporting
 1085  individual’s or procurement employee’s agency; a political
 1086  committee or a committee of continuous existence, as defined in
 1087  s. 106.011; a lobbyist who lobbies a reporting individual’s or
 1088  procurement employee’s agency; the partner, firm, employer, or
 1089  principal of a lobbyist; or another on behalf of the lobbyist or
 1090  partner, firm, principal, or employer of the lobbyist is
 1091  prohibited from giving, either directly or indirectly, a gift
 1092  that has a value in excess of $100 to the reporting individual
 1093  or procurement employee or any other person on his or her
 1094  behalf; however, such person may give a gift having a value in
 1095  excess of $100 to a reporting individual or procurement employee
 1096  if the gift is intended to be transferred to a governmental
 1097  entity or a charitable organization.
 1098         (b) However, a person who is regulated by this subsection,
 1099  who is not regulated by subsection (6), and who makes, or
 1100  directs another to make, an individual gift having a value in
 1101  excess of $25, but not in excess of $100, other than a gift that
 1102  the donor knows will be accepted on behalf of a governmental
 1103  entity or charitable organization, must file a report on the
 1104  last day of each calendar quarter for the previous calendar
 1105  quarter in which a reportable gift is made. The report shall be
 1106  filed with the Commission on Ethics, except with respect to
 1107  gifts to reporting individuals of the legislative branch, in
 1108  which case the report shall be filed with the Office of
 1109  Legislative Services. The report must contain a description of
 1110  each gift, the monetary value thereof, the name and address of
 1111  the person making such gift, the name and address of the
 1112  recipient of the gift, and the date such gift is given. In
 1113  addition, if a gift is made which requires the filing of a
 1114  report under this subsection, the donor must notify the intended
 1115  recipient at the time the gift is made that the donor, or
 1116  another on his or her behalf, will report the gift under this
 1117  subsection. Under this paragraph, a gift need not be reported by
 1118  more than one person or entity.
 1119         Section 13. Section 112.31485, Florida Statutes, is created
 1120  to read:
 1121         112.31485 Prohibition on gifts involving political
 1122  committees.—
 1123         (1)(a) For purposes of this section, the term “gift” means
 1124  any purchase, payment, distribution, loan, advance, transfer of
 1125  funds, or disbursement of money or anything of value that is not
 1126  primarily related to contributions, expenditures, or other
 1127  political activities authorized pursuant to chapter 106.
 1128         (b) For purposes of this section, the term “immediate
 1129  family” means any parent, spouse, child, or sibling.
 1130         (2)(a) A reporting individual or procurement employee or a
 1131  member of his or her immediate family is prohibited from
 1132  soliciting or knowingly accepting, directly or indirectly, any
 1133  gift from a political committee.
 1134         (b) A political committee is prohibited from giving,
 1135  directly or indirectly, any gift to a reporting individual or
 1136  procurement employee or a member of his or her immediate family.
 1137         (3) Any person who violates this section is subject to a
 1138  civil penalty equal to three times the amount of the gift. Such
 1139  penalty is in addition to the penalties provided in s. 112.317
 1140  and shall be paid to the General Revenue Fund of the state. A
 1141  reporting individual or procurement employee or a member of his
 1142  or her immediate family who violates this section is personally
 1143  liable for payment of the treble penalty. Any agent or person
 1144  acting on behalf of a political committee who gives a prohibited
 1145  gift is personally liable for payment of the treble penalty.
 1146         Section 14. Paragraph (e) of subsection (1) of section
 1147  112.3149, Florida Statutes, is amended, and paragraph (f) is
 1148  added to that subsection, and subsections (3) and (4) of that
 1149  section are amended, to read:
 1150         112.3149 Solicitation and disclosure of honoraria.—
 1151         (1) As used in this section:
 1152         (e) “Procurement employee” means any employee of an
 1153  officer, department, board, commission, or council, or agency of
 1154  the executive branch or judicial branch of state government who
 1155  has participated in the preceding 12 months participates through
 1156  decision, approval, disapproval, recommendation, preparation of
 1157  any part of a purchase request, influencing the content of any
 1158  specification or procurement standard, rendering of advice,
 1159  investigation, or auditing or in any other advisory capacity in
 1160  the procurement of contractual services or commodities as
 1161  defined in s. 287.012, if the cost of such services or
 1162  commodities exceeds $10,000 $1,000 in any fiscal year.
 1163         (f) “Vendor” means a business entity doing business
 1164  directly with an agency, such as renting, leasing, or selling
 1165  any realty, goods, or services.
 1166         (3) A reporting individual or procurement employee is
 1167  prohibited from knowingly accepting an honorarium from a
 1168  political committee or committee of continuous existence, as
 1169  defined in s. 106.011, from a vendor doing business with the
 1170  reporting individual’s or procurement employee’s agency, from a
 1171  lobbyist who lobbies the reporting individual’s or procurement
 1172  employee’s agency, or from the employer, principal, partner, or
 1173  firm of such a lobbyist.
 1174         (4) A political committee or committee of continuous
 1175  existence, as defined in s. 106.011, a vendor doing business
 1176  with the reporting individual’s or procurement employee’s
 1177  agency, a lobbyist who lobbies a reporting individual’s or
 1178  procurement employee’s agency, or the employer, principal,
 1179  partner, or firm of such a lobbyist is prohibited from giving an
 1180  honorarium to a reporting individual or procurement employee.
 1181         Section 15. Section 112.317, Florida Statutes, is amended
 1182  to read:
 1183         112.317 Penalties.—
 1184         (1) Any violation of any provision of this part, including,
 1185  but not limited to, any failure to file any disclosures required
 1186  by this part or violation of any standard of conduct imposed by
 1187  this part, or any violation of any provision of s. 8, Art. II of
 1188  the State Constitution, in addition to any criminal penalty or
 1189  other civil penalty involved, shall, under applicable
 1190  constitutional and statutory procedures, constitutes constitute
 1191  grounds for, and may be punished by, one or more of the
 1192  following:
 1193         (a) In the case of a public officer:
 1194         1. Impeachment.
 1195         2. Removal from office.
 1196         3. Suspension from office.
 1197         4. Public censure and reprimand.
 1198         5. Forfeiture of no more than one-third of his or her
 1199  salary per month for no more than 12 months.
 1200         6. A civil penalty not to exceed $10,000.
 1201         7. Restitution of any pecuniary benefits received because
 1202  of the violation committed. The commission may recommend that
 1203  the restitution penalty be paid to the agency of which the
 1204  public officer was a member or to the General Revenue Fund.
 1205         (b) In the case of an employee or a person designated as a
 1206  public officer by this part who otherwise would be deemed to be
 1207  an employee:
 1208         1. Dismissal from employment.
 1209         2. Suspension from employment for not more than 90 days
 1210  without pay.
 1211         3. Demotion.
 1212         4. Reduction in his or her salary level.
 1213         5. Forfeiture of no more than one-third salary per month
 1214  for no more than 12 months.
 1215         6. A civil penalty not to exceed $10,000.
 1216         7. Restitution of any pecuniary benefits received because
 1217  of the violation committed. The commission may recommend that
 1218  the restitution penalty be paid to the agency by which the
 1219  public employee was employed, or of which the officer was deemed
 1220  to be an employee, or to the General Revenue Fund.
 1221         8. Public censure and reprimand.
 1222         (c) In the case of a candidate who violates the provisions
 1223  of this part or s. 8(a) and (i), Art. II of the State
 1224  Constitution:
 1225         1. Disqualification from being on the ballot.
 1226         2. Public censure.
 1227         3. Reprimand.
 1228         4. A civil penalty not to exceed $10,000.
 1229         (d) In the case of a former public officer or employee who
 1230  has violated a provision applicable to former officers or
 1231  employees or whose violation occurred before the officer’s or
 1232  employee’s leaving public office or employment:
 1233         1. Public censure and reprimand.
 1234         2. A civil penalty not to exceed $10,000.
 1235         3. Restitution of any pecuniary benefits received because
 1236  of the violation committed. The commission may recommend that
 1237  the restitution penalty be paid to the agency of the public
 1238  officer or employee or to the General Revenue Fund.
 1239         (e) In the case of a person who is subject to the standards
 1240  of this part, other than a lobbyist or lobbying firm under s.
 1241  112.3215 for a violation of s. 112.3215, but who is not a public
 1242  officer or employee:
 1243         1. Public censure and reprimand.
 1244         2. A civil penalty not to exceed $10,000.
 1245         3. Restitution of any pecuniary benefits received because
 1246  of the violation committed. The commission may recommend that
 1247  the restitution penalty be paid to the agency of the person or
 1248  to the General Revenue Fund.
 1249         (2) In any case in which the commission finds a violation
 1250  of this part or of s. 8, Art. II of the State Constitution and
 1251  the proper disciplinary official or body under s. 112.324
 1252  imposes a civil penalty or restitution penalty, the Attorney
 1253  General shall bring a civil action to recover such penalty. No
 1254  defense may be raised in the civil action to enforce the civil
 1255  penalty or order of restitution that could have been raised by
 1256  judicial review of the administrative findings and
 1257  recommendations of the commission by certiorari to the district
 1258  court of appeal. The Attorney General shall collect any costs,
 1259  attorney’s fees, expert witness fees, or other costs of
 1260  collection incurred in bringing the action.
 1261         (3) The penalties prescribed in this part shall not be
 1262  construed to limit or to conflict with:
 1263         (a) The power of either house of the Legislature to
 1264  discipline its own members or impeach a public officer.
 1265         (b) The power of agencies to discipline officers or
 1266  employees.
 1267         (4) Any violation of this part or of s. 8, Art. II of the
 1268  State Constitution by a public officer constitutes shall
 1269  constitute malfeasance, misfeasance, or neglect of duty in
 1270  office within the meaning of s. 7, Art. IV of the State
 1271  Constitution.
 1272         (5) By order of the Governor, upon recommendation of the
 1273  commission, any elected municipal officer who violates any
 1274  provision of this part or of s. 8, Art. II of the State
 1275  Constitution may be suspended from office and the office filled
 1276  by appointment for the period of suspension. The suspended
 1277  officer may at any time before removal be reinstated by the
 1278  Governor. The Senate may, in proceedings prescribed by law,
 1279  remove from office, or reinstate, the suspended official, and
 1280  for such purpose the Senate may be convened in special session
 1281  by its President or by a majority of its membership.
 1282         (6) In any case in which the commission finds probable
 1283  cause to believe that a complainant has committed perjury in
 1284  regard to any document filed with, or any testimony given
 1285  before, the commission, it shall refer such evidence to the
 1286  appropriate law enforcement agency for prosecution and taxation
 1287  of costs.
 1288         (7) In any case in which the commission determines that a
 1289  person has filed a complaint against a public officer or
 1290  employee with a malicious intent to injure the reputation of
 1291  such officer or employee by filing the complaint with knowledge
 1292  that the complaint contains one or more false allegations or
 1293  with reckless disregard for whether the complaint contains false
 1294  allegations of fact material to a violation of this part, the
 1295  complainant shall be liable for costs plus reasonable attorney
 1296  attorney’s fees incurred in the defense of the person complained
 1297  against, including the costs and reasonable attorney attorney’s
 1298  fees incurred in proving entitlement to and the amount of costs
 1299  and fees. If the complainant fails to pay such costs and fees
 1300  voluntarily within 30 days following such finding by the
 1301  commission, the commission shall forward such information to the
 1302  Department of Legal Affairs, which shall bring a civil action in
 1303  a court of competent jurisdiction to recover the amount of such
 1304  costs and fees awarded by the commission.
 1305         Section 16. Paragraphs (a) and (c) of subsection (8) and
 1306  subsection (10) of section 112.3215, Florida Statutes, are
 1307  amended, present subsections (11) through (14) are renumbered as
 1308  (12) through (15), respectively, and a new subsection (11) is
 1309  added to that section to read:
 1310         112.3215 Lobbying before the executive branch or the
 1311  Constitution Revision Commission; registration and reporting;
 1312  investigation by commission.—
 1313         (8)(a) The commission shall investigate every sworn
 1314  complaint that is filed with it alleging that a person covered
 1315  by this section has failed to register, has failed to submit a
 1316  compensation report, has made a prohibited expenditure, or has
 1317  knowingly submitted false information in any report or
 1318  registration required in this section.
 1319         (c) The commission shall investigate any lobbying firm,
 1320  lobbyist, principal, agency, officer, or employee upon receipt
 1321  of information from a sworn complaint or from a random audit of
 1322  lobbying reports indicating a possible violation other than a
 1323  late-filed report.
 1324         (10) If the Governor and Cabinet finds that a violation
 1325  occurred, it may reprimand the violator, censure the violator,
 1326  or prohibit the violator from lobbying all agencies for a period
 1327  not to exceed 2 years. If the violator is a lobbying firm,
 1328  lobbyist, or principal, the Governor and Cabinet may also assess
 1329  a fine of not more than $5,000 to be deposited in the Executive
 1330  Branch Lobby Registration Trust Fund.
 1331         (11) Any person who is required to be registered or to
 1332  provide information under this section or under rules adopted
 1333  pursuant to this section and who knowingly fails to disclose any
 1334  material fact that is required by this section or by rules
 1335  adopted pursuant to this section, or who knowingly provides
 1336  false information on any report required by this section or by
 1337  rules adopted pursuant to this section, commits a noncriminal
 1338  infraction, punishable by a fine not to exceed $5,000. Such
 1339  penalty is in addition to any other penalty assessed by the
 1340  Governor and Cabinet pursuant to subsection (10).
 1341         Section 17. Section 112.324, Florida Statutes, is amended
 1342  to read:
 1343         112.324 Procedures on complaints of violations and
 1344  referrals; public records and meeting exemptions.—
 1345         (1) Upon a written complaint executed on a form prescribed
 1346  by the commission and signed under oath or affirmation by any
 1347  person, The commission shall investigate an any alleged
 1348  violation of this part or any other alleged breach of the public
 1349  trust within the jurisdiction of the commission as provided in
 1350  s. 8(f), Art. II of the State Constitution: in accordance with
 1351  procedures set forth herein.
 1352         (a) Upon a written complaint executed on a form prescribed
 1353  by the commission and signed under oath of affirmation by any
 1354  person; or
 1355         (b) Upon receipt of a written referral of a possible
 1356  violation of this part or other possible breach of the public
 1357  trust from the Governor, the Department of Law Enforcement, a
 1358  state attorney, or a United States Attorney which at least six
 1359  members of the commission determine is sufficient to indicate a
 1360  violation of this part or any other breach of the public trust.
 1361  
 1362  Within 5 days after receipt of a complaint by the commission or
 1363  a determination by at least six members of the commission that
 1364  the referral received is deemed sufficient, a copy shall be
 1365  transmitted to the alleged violator.
 1366         (2)(a) The complaint and records relating to the complaint
 1367  or to any preliminary investigation held by the commission or
 1368  its agents, by a Commission on Ethics and Public Trust
 1369  established by any county defined in s. 125.011(1) or by any
 1370  municipality defined in s. 165.031, or by any county or
 1371  municipality that has established a local investigatory process
 1372  to enforce more stringent standards of conduct and disclosure
 1373  requirements as provided in s. 112.326 are confidential and
 1374  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1375  of the State Constitution.
 1376         (b) Any proceeding conducted by the commission, a
 1377  Commission on Ethics and Public Trust, or a county or
 1378  municipality that has established such local investigatory
 1379  process, pursuant to a complaint or preliminary investigation,
 1380  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1381  the State Constitution, and s. 120.525.
 1382         (c) The exemptions in paragraphs (a) and (b) apply until
 1383  the complaint is dismissed as legally insufficient, until the
 1384  alleged violator requests in writing that such records and
 1385  proceedings be made public, or until the commission, a
 1386  Commission on Ethics and Public Trust, or a county or
 1387  municipality that has established such local investigatory
 1388  process determines, based on such investigation, whether
 1389  probable cause exists to believe that a violation has occurred.
 1390  In no event shall A complaint or referral under this part
 1391  against a candidate in any general, special, or primary election
 1392  may not be filed nor may or any intention of filing such a
 1393  complaint or referral be disclosed on the day of any such
 1394  election or within the 30 5 days immediately preceding the date
 1395  of the election, unless the complaint or referral is based upon
 1396  personal information or information other than hearsay.
 1397         (d) This subsection is subject to the Open Government
 1398  Sunset Review Act in accordance with s. 119.15 and shall stand
 1399  repealed on October 2, 2015, unless reviewed and saved from
 1400  repeal through reenactment by the Legislature.
 1401         (3) A preliminary investigation shall be undertaken by the
 1402  commission of each legally sufficient complaint or referral over
 1403  which the commission has jurisdiction to determine whether there
 1404  is probable cause to believe that a violation has occurred. If,
 1405  upon completion of the preliminary investigation, the commission
 1406  finds no probable cause to believe that this part has been
 1407  violated or that any other breach of the public trust has been
 1408  committed, the commission shall dismiss the complaint or
 1409  referral with the issuance of a public report to the complainant
 1410  and the alleged violator, stating with particularity its reasons
 1411  for dismissal of the complaint. At that time, the complaint or
 1412  referral and all materials relating to the complaint or referral
 1413  shall become a matter of public record. If the commission finds
 1414  from the preliminary investigation probable cause to believe
 1415  that this part has been violated or that any other breach of the
 1416  public trust has been committed, it shall so notify the
 1417  complainant and the alleged violator in writing. Such
 1418  notification and all documents made or received in the
 1419  disposition of the complaint or referral shall then become
 1420  public records. Upon request submitted to the commission in
 1421  writing, any person who the commission finds probable cause to
 1422  believe has violated any provision of this part or has committed
 1423  any other breach of the public trust shall be entitled to a
 1424  public hearing. Such person shall be deemed to have waived the
 1425  right to a public hearing if the request is not received within
 1426  14 days following the mailing of the probable cause notification
 1427  required by this subsection. However, the commission may on its
 1428  own motion, require a public hearing, may conduct such further
 1429  investigation as it deems necessary, and may enter into such
 1430  stipulations and settlements as it finds to be just and in the
 1431  best interest of the state. The commission is without
 1432  jurisdiction to, and no respondent may voluntarily or
 1433  involuntarily, enter into a stipulation or settlement which
 1434  imposes any penalty, including, but not limited to, a sanction
 1435  or admonition or any other penalty contained in s. 112.317.
 1436  Penalties shall be imposed only by the appropriate disciplinary
 1437  authority as designated in this section.
 1438         (4) If, in cases pertaining to members of the Legislature,
 1439  upon completion of a full and final investigation by the
 1440  commission, the commission finds that there has been a violation
 1441  of this part or of any provision of s. 8, Art. II of the State
 1442  Constitution, the commission shall forward a copy of the
 1443  complaint or referral and its findings by certified mail to the
 1444  President of the Senate or the Speaker of the House of
 1445  Representatives, whichever is applicable, who shall refer the
 1446  complaint or referral to the appropriate committee for
 1447  investigation and action which shall be governed by the rules of
 1448  its respective house. It is shall be the duty of the committee
 1449  to report its final action upon the matter complaint to the
 1450  commission within 90 days of the date of transmittal to the
 1451  respective house. Upon request of the committee, the commission
 1452  shall submit a recommendation as to what penalty, if any, should
 1453  be imposed. In the case of a member of the Legislature, the
 1454  house in which the member serves has shall have the power to
 1455  invoke the penalty provisions of this part.
 1456         (5) If, in cases pertaining to complaints against
 1457  impeachable officers, upon completion of a full and final
 1458  investigation by the commission, the commission finds that there
 1459  has been a violation of this part or of any provision of s. 8,
 1460  Art. II of the State Constitution, and the commission finds that
 1461  the violation may constitute grounds for impeachment, the
 1462  commission shall forward a copy of the complaint or referral and
 1463  its findings by certified mail to the Speaker of the House of
 1464  Representatives, who shall refer the complaint or referral to
 1465  the appropriate committee for investigation and action which
 1466  shall be governed by the rules of the House of Representatives.
 1467  It is shall be the duty of the committee to report its final
 1468  action upon the matter complaint to the commission within 90
 1469  days of the date of transmittal.
 1470         (6) If the commission finds that there has been a violation
 1471  of this part or of any provision of s. 8, Art. II of the State
 1472  Constitution by an impeachable officer other than the Governor,
 1473  and the commission recommends public censure and reprimand,
 1474  forfeiture of a portion of the officer’s salary, a civil
 1475  penalty, or restitution, the commission shall report its
 1476  findings and recommendation of disciplinary action to the
 1477  Governor, who has shall have the power to invoke the penalty
 1478  provisions of this part.
 1479         (7) If the commission finds that there has been a violation
 1480  of this part or of any provision of s. 8, Art. II of the State
 1481  Constitution by the Governor, and the commission recommends
 1482  public censure and reprimand, forfeiture of a portion of the
 1483  Governor’s salary, a civil penalty, or restitution, the
 1484  commission shall report its findings and recommendation of
 1485  disciplinary action to the Attorney General, who shall have the
 1486  power to invoke the penalty provisions of this part.
 1487         (8) If, in cases pertaining to complaints other than
 1488  complaints or referrals against impeachable officers or members
 1489  of the Legislature, upon completion of a full and final
 1490  investigation by the commission, the commission finds that there
 1491  has been a violation of this part or of s. 8, Art. II of the
 1492  State Constitution, it is shall be the duty of the commission to
 1493  report its findings and recommend appropriate action to the
 1494  proper disciplinary official or body as follows, and such
 1495  official or body has shall have the power to invoke the penalty
 1496  provisions of this part, including the power to order the
 1497  appropriate elections official to remove a candidate from the
 1498  ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
 1499  II of the State Constitution:
 1500         (a) The President of the Senate and the Speaker of the
 1501  House of Representatives, jointly, in any case concerning the
 1502  Public Counsel, members of the Public Service Commission,
 1503  members of the Public Service Commission Nominating Council, the
 1504  Auditor General, or the director of the Office of Program Policy
 1505  Analysis and Government Accountability.
 1506         (b) The Supreme Court, in any case concerning an employee
 1507  of the judicial branch.
 1508         (c) The President of the Senate, in any case concerning an
 1509  employee of the Senate; the Speaker of the House of
 1510  Representatives, in any case concerning an employee of the House
 1511  of Representatives; or the President and the Speaker, jointly,
 1512  in any case concerning an employee of a committee of the
 1513  Legislature whose members are appointed solely by the President
 1514  and the Speaker or in any case concerning an employee of the
 1515  Public Counsel, Public Service Commission, Auditor General, or
 1516  Office of Program Policy Analysis and Government Accountability.
 1517         (d) Except as otherwise provided by this part, the
 1518  Governor, in the case of any other public officer, public
 1519  employee, former public officer or public employee, candidate or
 1520  former candidate, or person who is not a public officer or
 1521  employee, other than lobbyists and lobbying firms under s.
 1522  112.3215 for violations of s. 112.3215.
 1523         (e) The President of the Senate or the Speaker of the House
 1524  of Representatives, whichever is applicable, in any case
 1525  concerning a former member of the Legislature who has violated a
 1526  provision applicable to former members or whose violation
 1527  occurred while a member of the Legislature.
 1528         (9) In addition to reporting its findings to the proper
 1529  disciplinary body or official, the commission shall report these
 1530  findings to the state attorney or any other appropriate official
 1531  or agency having authority to initiate prosecution when
 1532  violation of criminal law is indicated.
 1533         (10) Notwithstanding the foregoing procedures of this
 1534  section, a sworn complaint against any member or employee of the
 1535  Commission on Ethics for violation of this part or of s. 8, Art.
 1536  II of the State Constitution shall be filed with the President
 1537  of the Senate and the Speaker of the House of Representatives.
 1538  Each presiding officer shall, after determining that there are
 1539  sufficient grounds for review, appoint three members of their
 1540  respective bodies to a special joint committee who shall
 1541  investigate the complaint. The members shall elect a chair from
 1542  among their number. If the special joint committee finds
 1543  insufficient evidence to establish probable cause to believe a
 1544  violation of this part or of s. 8, Art. II of the State
 1545  Constitution has occurred, it shall dismiss the complaint. If,
 1546  upon completion of its preliminary investigation, the committee
 1547  finds sufficient evidence to establish probable cause to believe
 1548  a violation has occurred, the chair thereof shall transmit such
 1549  findings to the Governor who shall convene a meeting of the
 1550  Governor, the President of the Senate, the Speaker of the House
 1551  of Representatives, and the Chief Justice of the Supreme Court
 1552  to take such final action on the complaint as they shall deem
 1553  appropriate, consistent with the penalty provisions of this
 1554  part. Upon request of a majority of the Governor, the President
 1555  of the Senate, the Speaker of the House of Representatives, and
 1556  the Chief Justice of the Supreme Court, the special joint
 1557  committee shall submit a recommendation as to what penalty, if
 1558  any, should be imposed.
 1559         (11)(a) Notwithstanding subsections (1)-(8), the commission
 1560  may dismiss any complaint or referral at any stage of
 1561  disposition if it determines that the violation that is alleged
 1562  or has occurred is a de minimis violation attributable to
 1563  inadvertent or unintentional error. In determining whether a
 1564  violation was de minimis, the commission shall consider whether
 1565  the interests of the public were protected despite the
 1566  violation. This subsection does not apply to complaints or
 1567  referrals pursuant to ss. 112.3144 and 112.3145.
 1568         (b) For the purposes of this subsection, a de minimis
 1569  violation is any violation that is unintentional and not
 1570  material in nature.
 1571         (12)(11) Notwithstanding the provisions of subsections (1)
 1572  (8), the commission may, at its discretion, dismiss any
 1573  complaint or referral at any stage of disposition should it
 1574  determine that the public interest would not be served by
 1575  proceeding further, in which case the commission shall issue a
 1576  public report stating with particularity its reasons for the
 1577  dismissal.
 1578         Section 18. For the purpose of incorporating the amendment
 1579  made by this act to section 112.3143, Florida Statutes, in a
 1580  reference thereto, subsection (1) of section 120.665, Florida
 1581  Statutes, is reenacted to read:
 1582         120.665 Disqualification of agency personnel.—
 1583         (1) Notwithstanding the provisions of s. 112.3143, any
 1584  individual serving alone or with others as an agency head may be
 1585  disqualified from serving in an agency proceeding for bias,
 1586  prejudice, or interest when any party to the agency proceeding
 1587  shows just cause by a suggestion filed within a reasonable
 1588  period of time prior to the agency proceeding. If the
 1589  disqualified individual was appointed, the appointing power may
 1590  appoint a substitute to serve in the matter from which the
 1591  individual is disqualified. If the individual is an elected
 1592  official, the Governor may appoint a substitute to serve in the
 1593  matter from which the individual is disqualified. However, if a
 1594  quorum remains after the individual is disqualified, it shall
 1595  not be necessary to appoint a substitute.
 1596         Section 19. For the purpose of incorporating the amendment
 1597  made by this act to section 112.3143, Florida Statutes, in a
 1598  reference thereto, section 286.012, Florida Statutes, is
 1599  reenacted to read:
 1600         286.012 Voting requirement at meetings of governmental
 1601  bodies.—No member of any state, county, or municipal
 1602  governmental board, commission, or agency who is present at any
 1603  meeting of any such body at which an official decision, ruling,
 1604  or other official act is to be taken or adopted may abstain from
 1605  voting in regard to any such decision, ruling, or act; and a
 1606  vote shall be recorded or counted for each such member present,
 1607  except when, with respect to any such member, there is, or
 1608  appears to be, a possible conflict of interest under the
 1609  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such
 1610  cases, said member shall comply with the disclosure requirements
 1611  of s. 112.3143.
 1612         Section 20. For the purpose of incorporating the amendment
 1613  made by this act to section 112.324, Florida Statutes, in a
 1614  reference thereto, section 287.175, Florida Statutes, is
 1615  reenacted to read:
 1616         287.175 Penalties.—A violation of this part or a rule
 1617  adopted hereunder, pursuant to applicable constitutional and
 1618  statutory procedures, constitutes misuse of public position as
 1619  defined in s. 112.313(6), and is punishable as provided in s.
 1620  112.317. The Chief Financial Officer shall report incidents of
 1621  suspected misuse to the Commission on Ethics, and the commission
 1622  shall investigate possible violations of this part or rules
 1623  adopted hereunder when reported by the Chief Financial Officer,
 1624  notwithstanding the provisions of s. 112.324. Any violation of
 1625  this part or a rule adopted hereunder shall be presumed to have
 1626  been committed with wrongful intent, but such presumption is
 1627  rebuttable. Nothing in this section is intended to deny rights
 1628  provided to career service employees by s. 110.227.
 1629         Section 21. Paragraph (c) of subsection (1) of section
 1630  288.901, Florida Statutes, is amended to read:
 1631         288.901 Enterprise Florida, Inc.—
 1632         (1) CREATION.—
 1633         (c) The Legislature determines that it is in the public
 1634  interest for the members of Enterprise Florida, Inc., board of
 1635  directors to be subject to the requirements of ss. 112.3135,
 1636  112.3143(2) 112.3143, and 112.313, excluding s. 112.313(2),
 1637  notwithstanding the fact that the board members are not public
 1638  officers or employees. For purposes of those sections, the board
 1639  members shall be considered to be public officers or employees.
 1640  The exemption set forth in s. 112.313(12) for advisory boards
 1641  applies to the members of Enterprise Florida, Inc., board of
 1642  directors. Further, each member of the board of directors who is
 1643  not otherwise required to file financial disclosures pursuant to
 1644  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1645  file disclosure of financial interests pursuant to s. 112.3145.
 1646         Section 22. Subsection (1) of section 445.007, Florida
 1647  Statutes, is reenacted for the purpose of incorporating the
 1648  amendment made by this act to section 112.3143, Florida
 1649  Statutes, in a reference thereto, and subsection (11) of that
 1650  section is amended, to read:
 1651         445.007 Regional workforce boards.—
 1652         (1) One regional workforce board shall be appointed in each
 1653  designated service delivery area and shall serve as the local
 1654  workforce investment board pursuant to Pub. L. No. 105-220. The
 1655  membership of the board shall be consistent with Pub. L. No.
 1656  105-220, Title I, s. 117(b) but may not exceed the minimum
 1657  membership required in Pub. L. No. 105-220, Title I, s.
 1658  117(b)(2)(A) and in this subsection. Upon approval by the
 1659  Governor, the chief elected official may appoint additional
 1660  members above the limit set by this subsection. If a public
 1661  education or training provider is represented on the board, a
 1662  representative of a private nonprofit provider and a
 1663  representative of a private for-profit provider must also be
 1664  appointed to the board. The board shall include one nonvoting
 1665  representative from a military installation if a military
 1666  installation is located within the region and the appropriate
 1667  military command or organization authorizes such representation.
 1668  It is the intent of the Legislature that membership of a
 1669  regional workforce board include persons who are current or
 1670  former recipients of welfare transition assistance as defined in
 1671  s. 445.002(2) or workforce services as provided in s. 445.009(1)
 1672  or that such persons be included as ex officio members of the
 1673  board or of committees organized by the board. The importance of
 1674  minority and gender representation shall be considered when
 1675  making appointments to the board. The board, its committees,
 1676  subcommittees, and subdivisions, and other units of the
 1677  workforce system, including units that may consist in whole or
 1678  in part of local governmental units, may use any method of
 1679  telecommunications to conduct meetings, including establishing a
 1680  quorum through telecommunications, provided that the public is
 1681  given proper notice of the telecommunications meeting and
 1682  reasonable access to observe and, when appropriate, participate.
 1683  Regional workforce boards are subject to chapters 119 and 286
 1684  and s. 24, Art. I of the State Constitution. If the regional
 1685  workforce board enters into a contract with an organization or
 1686  individual represented on the board of directors, the contract
 1687  must be approved by a two-thirds vote of the board, a quorum
 1688  having been established, and the board member who could benefit
 1689  financially from the transaction must abstain from voting on the
 1690  contract. A board member must disclose any such conflict in a
 1691  manner that is consistent with the procedures outlined in s.
 1692  112.3143. Each member of a regional workforce board who is not
 1693  otherwise required to file a full and public disclosure of
 1694  financial interests pursuant to s. 8, Art. II of the State
 1695  Constitution or s. 112.3144 shall file a statement of financial
 1696  interests pursuant to s. 112.3145. The executive director or
 1697  designated person responsible for the operational and
 1698  administrative functions of the regional workforce board who is
 1699  not otherwise required to file a full and public disclosure of
 1700  financial interests pursuant to s. 8, Art. II of the State
 1701  Constitution or s. 112.3144 shall file a statement of financial
 1702  interests pursuant to s. 112.3145.
 1703         (11) To increase transparency and accountability, a
 1704  regional workforce board must comply with the requirements of
 1705  this section before contracting with a member of the board or a
 1706  relative, as defined in s. 112.3143(1)(c) 112.3143(1)(b), of a
 1707  board member or of an employee of the board. Such contracts may
 1708  not be executed before or without the approval of Workforce
 1709  Florida, Inc. Such contracts, as well as documentation
 1710  demonstrating adherence to this section as specified by
 1711  Workforce Florida, Inc., must be submitted to the Department of
 1712  Economic Opportunity for review and recommendation according to
 1713  criteria to be determined by Workforce Florida, Inc. Such a
 1714  contract must be approved by a two-thirds vote of the board, a
 1715  quorum having been established; all conflicts of interest must
 1716  be disclosed before the vote; and any member who may benefit
 1717  from the contract, or whose relative may benefit from the
 1718  contract, must abstain from the vote. A contract under $25,000
 1719  between a regional workforce board and a member of that board or
 1720  between a relative, as defined in s. 112.3143(1)(c)
 1721  112.3143(1)(b), of a board member or of an employee of the board
 1722  is not required to have the prior approval of Workforce Florida,
 1723  Inc., but must be approved by a two-thirds vote of the board, a
 1724  quorum having been established, and must be reported to the
 1725  Department of Economic Opportunity and Workforce Florida, Inc.,
 1726  within 30 days after approval. If a contract cannot be approved
 1727  by Workforce Florida, Inc., a review of the decision to
 1728  disapprove the contract may be requested by the regional
 1729  workforce board or other parties to the disapproved contract.
 1730         Section 23. For the purpose of incorporating the amendment
 1731  made by this act to section 112.3143, Florida Statutes, in a
 1732  reference thereto, paragraph (m) of subsection (5) of section
 1733  627.311, Florida Statutes, is reenacted to read:
 1734         627.311 Joint underwriters and joint reinsurers; public
 1735  records and public meetings exemptions.—
 1736         (5)
 1737         (m) Senior managers and officers, as defined in the plan of
 1738  operation, and members of the board of governors are subject to
 1739  the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
 1740  112.316, and 112.317. Senior managers, officers, and board
 1741  members are also required to file such disclosures with the
 1742  Commission on Ethics and the Office of Insurance Regulation. The
 1743  executive director of the plan or his or her designee shall
 1744  notify each newly appointed and existing appointed member of the
 1745  board of governors, senior manager, and officer of his or her
 1746  duty to comply with the reporting requirements of s. 112.3145.
 1747  At least quarterly, the executive director of the plan or his or
 1748  her designee shall submit to the Commission on Ethics a list of
 1749  names of the senior managers, officers, and members of the board
 1750  of governors who are subject to the public disclosure
 1751  requirements under s. 112.3145. Notwithstanding s. 112.313, an
 1752  employee, officer, owner, or director of an insurance agency,
 1753  insurance company, or other insurance entity may be a member of
 1754  the board of governors unless such employee, officer, owner, or
 1755  director of an insurance agency, insurance company, other
 1756  insurance entity, or an affiliate provides policy issuance,
 1757  policy administration, underwriting, claims handling, or payroll
 1758  audit services. Notwithstanding s. 112.3143, such board member
 1759  may not participate in or vote on a matter if the insurance
 1760  agency, insurance company, or other insurance entity would
 1761  obtain a special or unique benefit that would not apply to other
 1762  similarly situated insurance entities.
 1763         Section 24. For the purpose of incorporating the amendment
 1764  made to this act to section 112.3143, Florida Statutes, in a
 1765  reference thereto, paragraph (d) of subsection (6) of section
 1766  627.351, Florida Statutes, is reenacted to read:
 1767         627.351 Insurance risk apportionment plans.—
 1768         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1769         (d)1. All prospective employees for senior management
 1770  positions, as defined by the plan of operation, are subject to
 1771  background checks as a prerequisite for employment. The office
 1772  shall conduct the background checks pursuant to ss. 624.34,
 1773  624.404(3), and 628.261.
 1774         2. On or before July 1 of each year, employees of the
 1775  corporation must sign and submit a statement attesting that they
 1776  do not have a conflict of interest, as defined in part III of
 1777  chapter 112. As a condition of employment, all prospective
 1778  employees must sign and submit to the corporation a conflict-of
 1779  interest statement.
 1780         3. Senior managers and members of the board of governors
 1781  are subject to part III of chapter 112, including, but not
 1782  limited to, the code of ethics and public disclosure and
 1783  reporting of financial interests, pursuant to s. 112.3145.
 1784  Notwithstanding s. 112.3143(2), a board member may not vote on
 1785  any measure that would inure to his or her special private gain
 1786  or loss; that he or she knows would inure to the special private
 1787  gain or loss of any principal by whom he or she is retained or
 1788  to the parent organization or subsidiary of a corporate
 1789  principal by which he or she is retained, other than an agency
 1790  as defined in s. 112.312; or that he or she knows would inure to
 1791  the special private gain or loss of a relative or business
 1792  associate of the public officer. Before the vote is taken, such
 1793  member shall publicly state to the assembly the nature of his or
 1794  her interest in the matter from which he or she is abstaining
 1795  from voting and, within 15 days after the vote occurs, disclose
 1796  the nature of his or her interest as a public record in a
 1797  memorandum filed with the person responsible for recording the
 1798  minutes of the meeting, who shall incorporate the memorandum in
 1799  the minutes. Senior managers and board members are also required
 1800  to file such disclosures with the Commission on Ethics and the
 1801  Office of Insurance Regulation. The executive director of the
 1802  corporation or his or her designee shall notify each existing
 1803  and newly appointed member of the board of governors and senior
 1804  managers of their duty to comply with the reporting requirements
 1805  of part III of chapter 112. At least quarterly, the executive
 1806  director or his or her designee shall submit to the Commission
 1807  on Ethics a list of names of the senior managers and members of
 1808  the board of governors who are subject to the public disclosure
 1809  requirements under s. 112.3145.
 1810         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 1811  provision of law, an employee or board member may not knowingly
 1812  accept, directly or indirectly, any gift or expenditure from a
 1813  person or entity, or an employee or representative of such
 1814  person or entity, which has a contractual relationship with the
 1815  corporation or who is under consideration for a contract. An
 1816  employee or board member who fails to comply with subparagraph
 1817  3. or this subparagraph is subject to penalties provided under
 1818  ss. 112.317 and 112.3173.
 1819         5. Any senior manager of the corporation who is employed on
 1820  or after January 1, 2007, regardless of the date of hire, who
 1821  subsequently retires or terminates employment is prohibited from
 1822  representing another person or entity before the corporation for
 1823  2 years after retirement or termination of employment from the
 1824  corporation.
 1825         6. Any senior manager of the corporation who is employed on
 1826  or after January 1, 2007, regardless of the date of hire, who
 1827  subsequently retires or terminates employment is prohibited from
 1828  having any employment or contractual relationship for 2 years
 1829  with an insurer that has entered into a take-out bonus agreement
 1830  with the corporation.
 1831         Section 25. This act shall take effect upon becoming a law.

feedback