Bill Text: FL S0002 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
CS for SB 2 First Engrossed 20132e1 1 A bill to be entitled 2 An act relating to ethics; amending s. 112.312, F.S.; 3 revising definitions; creating s. 112.3125, F.S.; 4 defining the term “public officer”; prohibiting public 5 officers from accepting additional employment with the 6 state or any of its political subdivisions under 7 specified conditions; amending s. 112.313, F.S.; 8 providing that a member of the Legislature may not 9 personally represent another person or entity for 10 compensation before any state agency for a period of 2 11 years following vacation of office; providing 12 exceptions; providing that no member of the 13 Legislature may associate as a partner, principal, or 14 employee of a firm whose primary purpose is lobbying 15 the Legislature within the first 2 years after 16 vacation of office under specified conditions; 17 establishing filing requirements for a sworn 18 statement; creating s. 112.3142, F.S.; defining the 19 term “constitutional officers”; requiring 20 constitutional officers to complete annual ethics 21 training; specifying requirements for ethics training; 22 requiring the commission to adopt rules to establish 23 minimum course content; requiring each house of the 24 Legislature to provide for ethics training pursuant to 25 its rules; creating s. 112.31425, F.S.; providing 26 legislative findings; providing that holding an 27 economic interest in a qualified blind trust is not a 28 prohibited conflict of interest; providing that a 29 public officer may not attempt to influence, exercise 30 control of, or obtain information regarding the 31 holdings of the qualified blind trust; prohibiting 32 communication regarding the qualified blind trust 33 between a public officer or a person having a 34 beneficial interest in the trust and the trustee; 35 providing exceptions; requiring a public officer to 36 report the qualified blind trust and its value on his 37 or her financial disclosure form under specified 38 circumstances; establishing requirements for creation 39 of a qualified blind trust; requiring a public officer 40 who holds a qualified blind trust to file a notice 41 with the Commission on Ethics; requiring a covered 42 public official to file an amendment to his or her 43 most recent financial disclosure statement under 44 specified conditions; amending s. 112.3143, F.S.; 45 providing definitions for “principal” and “special 46 private gain or loss”; requiring state public officers 47 to abstain from voting on any matter that the officer 48 knows would inure to his or her special private gain 49 or loss; requiring that a memorandum filed after a 50 vote be filed no later than 15 days after the vote; 51 providing that a member of the Legislature satisfies 52 the disclosure requirement by filing a form created 53 pursuant to the rules of his or her respective house; 54 providing that confidential or privileged information 55 need not be disclosed; amending s. 112.3144, F.S.; 56 requiring the qualifying officer to electronically 57 transmit a full and public disclosure of financial 58 interests of a qualified candidate to the commission; 59 providing timeframes for the filing of certain 60 complaints; authorizing filing individuals to file an 61 amended statement during a specified timeframe under 62 specified conditions; authorizing the commission to 63 immediately follow complaint procedures under 64 specified conditions; prohibiting the commission from 65 taking action on complaints alleging immaterial, 66 inconsequential, or de minimis errors or omissions; 67 providing what constitutes an immaterial, 68 inconsequential, or de minimis error or omission; 69 authorizing an individual required to file a 70 disclosure to have the statement prepared by an 71 attorney or a certified public accountant; requiring 72 an attorney or certified public accountant to sign the 73 completed disclosure form to indicate compliance with 74 applicable requirements and that the disclosure is 75 true and correct based on reasonable knowledge and 76 belief; requiring the commission to determine if an 77 attorney or a certified public accountant failed to 78 disclose information provided by the filing individual 79 on the filed statement; providing that the failure of 80 the attorney or certified public accountant to 81 accurately transcribe information provided by the 82 filing individual does not constitute a violation; 83 authorizing an elected officer or candidate to use 84 funds in an office account or campaign depository to 85 pay an attorney or certified public accountant for 86 preparing a disclosure; creating s. 112.31445, F.S.; 87 providing a definition for “electronic filing system”; 88 requiring all disclosures of financial interests filed 89 with the commission to be scanned and made publicly 90 available on a searchable Internet database beginning 91 with the 2012 filing year; requiring the commission to 92 submit a proposal to the President of the Senate and 93 the Speaker of the House of Representatives for a 94 mandatory electronic filing system by a specified 95 date; establishing minimum requirements for the 96 commission’s proposal; amending s. 112.3145, F.S.; 97 revising the definitions of “local officer” and 98 “specified state employee”; revising procedures for 99 the filing of a statement of financial interests with 100 a candidate’s qualifying papers; requiring a person 101 filing a statement of financial interest to indicate 102 the method of reporting income; providing timeframes 103 for the filing of certain complaints; authorizing 104 filing individuals to file an amended statement during 105 a specified timeframe under specified conditions; 106 authorizing the commission to immediately follow 107 complaint procedures under specified conditions; 108 prohibiting the commission from taking action on 109 complaints alleging immaterial, inconsequential, or de 110 minimis errors or omissions; providing what 111 constitutes an immaterial, inconsequential, or de 112 minimis error or omission; authorizing an individual 113 required to file a disclosure to have the statement 114 prepared by an attorney or a certified public 115 accountant; requiring an attorney or certified public 116 accountant to sign the completed disclosure form to 117 indicate compliance with applicable requirements and 118 that the disclosure is true and correct based on 119 reasonable knowledge and belief; requiring the 120 commission to determine if an attorney or a certified 121 public accountant failed to disclose information 122 provided by the filing individual on the filed 123 statement; providing that the failure of the attorney 124 or certified public accountant to accurately 125 transcribe information provided by the filing 126 individual does not constitute a violation; 127 authorizing an elected officer or candidate to use 128 funds in an office account or campaign depository to 129 pay an attorney or certified public accountant for 130 preparing a disclosure; creating s. 112.31455, F.S.; 131 requiring the commission to attempt to determine 132 whether an individual owing certain fines is a current 133 public officer or public employee; authorizing the 134 commission to notify the Chief Financial Officer or 135 the governing body of a county, municipality, or 136 special district of the total amount of any fine owed 137 to the commission by such individuals; requiring that 138 the Chief Financial Officer or the governing body of a 139 county, municipality, or special district begin 140 withholding portions of any salary payment that would 141 otherwise be paid to the current public officer or 142 public employee; requiring that the withheld payments 143 be remitted to the commission until the fine is 144 satisfied; authorizing the Chief Financial Officer or 145 the governing body to retain a portion of payment for 146 administrative costs; authorizing collection methods 147 for the commission or the Department of Financial 148 Services for individuals who are no longer public 149 officers or public employees; authorizing the 150 commission to contract with a collection agency; 151 authorizing a collection agency to utilize collection 152 methods authorized by law; authorizing the commission 153 to collect an unpaid fine within a specified period of 154 issuance of the final order; amending s. 112.3147, 155 F.S.; providing an exception to the requirement that 156 all forms be prescribed by the commission; amending s. 157 112.3148, F.S.; revising the definition of 158 “procurement employee”; creating a definition for 159 “vendor”; prohibiting a reporting individual or 160 procurement employee from soliciting or knowingly 161 accepting a gift from a vendor; deleting references to 162 political committees and committees of continuous 163 existence; creating s. 112.31485, F.S.; providing 164 definitions for “gift” and “immediate family”; 165 prohibiting a reporting individual or procurement 166 employee or a member of his or her immediate family 167 from soliciting or knowingly accepting any gift from a 168 political committee or committee of continuous 169 existence; prohibiting a political committee or 170 committee of continuous existence from giving any gift 171 to a reporting individual or procurement employee or a 172 member of his or her immediate family; providing 173 penalties for a violation; requiring that individuals 174 who violate this section be held personally liable; 175 amending s. 112.3149, F.S.; revising the definition of 176 “procurement employee”; creating a definition for 177 “vendor”; prohibiting a reporting individual or 178 procurement employee from knowingly accepting an 179 honorarium from a vendor; prohibiting a vendor from 180 giving an honorarium to a reporting individual or 181 procurement employee; amending s. 112.317, F.S.; 182 making technical changes; amending s. 112.3215, F.S.; 183 authorizing the commission to investigate sworn 184 complaints alleging a prohibited expenditure; 185 authorizing the commission to investigate a lobbyist 186 or principal upon a sworn complaint or random audit; 187 authorizing the Governor and Cabinet to assess a fine 188 on a lobbyist or principal under specified conditions; 189 providing a civil penalty; amending s. 112.324, F.S.; 190 authorizing specified parties to submit written 191 referrals of a possible violation of the Code of 192 Ethics for Public Officers and Employees or other 193 possible breaches of the public trust to the 194 Commission on Ethics; establishing procedures for the 195 receipt of written referrals by the commission; 196 extending the period in which the disclosure of the 197 intent to file or the filing of a complaint against a 198 candidate is prohibited; providing exceptions; 199 requiring the commission to dismiss a complaint of a 200 de minimis violation; providing exceptions; defining a 201 de minimis violation; reenacting s. 120.665, F.S., 202 relating to disqualification of agency personnel, to 203 incorporate the amendments to s. 112.3143, F.S., in a 204 reference thereto; reenacting s. 286.012, F.S., 205 relating to voting requirements at meetings of 206 governmental bodies, to incorporate the amendments 207 made to s. 112.3143, F.S., in a reference thereto; 208 reenacting s. 287.175, F.S., relating to penalties, to 209 incorporate the amendments made to s. 112.324, F.S., 210 in a reference thereto; amending s. 288.901, F.S.; 211 correcting a cross-reference; amending s. 445.007, 212 F.S., and reenacting subsection (1) of that section, 213 relating to regional workforce boards, to incorporate 214 the amendments made to s. 112.3143, F.S., in a 215 reference thereto; correcting cross-references; 216 reenacting s. 627.311(5)(m), F.S., relating to joint 217 underwriters and joint reinsurers, to incorporate the 218 amendments made to s. 112.3143, F.S., in a reference 219 thereto; reenacting s. 627.351(6)(d), F.S., relating 220 to Citizens Property Insurance Corporation, to 221 incorporate the amendments made to s. 112.3143, F.S.; 222 providing an effective date. 223 224 Be It Enacted by the Legislature of the State of Florida: 225 226 Section 1. Subsection (5) and paragraph (b) of subsection 227 (12) of section 112.312, Florida Statutes, is amended to read: 228 112.312 Definitions.—As used in this part and for purposes 229 of the provisions of s. 8, Art. II of the State Constitution, 230 unless the context otherwise requires: 231 (5) “Business entity” means any corporation, partnership, 232 limited partnership, company, limited liability company, 233 proprietorship, firm, enterprise, franchise, association, self 234 employed individual, or trust, whether fictitiously named or 235 not, doing business in this state. 236 (12) 237 (b) “Gift” does not include: 238 1. Salary, benefits, services, fees, commissions, gifts, or 239 expenses associated primarily with the donee’s employment, 240 business, or service as an officer or director of a corporation 241 or organization. 242 2. Except as provided in s. 112.31485, contributions or 243 expenditures reported pursuant to chapter 106, contributions or 244 expenditures reported pursuant to federal election law, 245 campaign-related personal services provided without compensation 246 by individuals volunteering their time, or any other 247 contribution or expenditure by a political party or affiliated 248 party committee. 249 3. An honorarium or an expense related to an honorarium 250 event paid to a person or the person’s spouse. 251 4. An award, plaque, certificate, or similar personalized 252 item given in recognition of the donee’s public, civic, 253 charitable, or professional service. 254 5. An honorary membership in a service or fraternal 255 organization presented merely as a courtesy by such 256 organization. 257 6. The use of a public facility or public property, made 258 available by a governmental agency, for a public purpose. 259 7. Transportation provided to a public officer or employee 260 by an agency in relation to officially approved governmental 261 business. 262 8. Gifts provided directly or indirectly by a state, 263 regional, or national organization which promotes the exchange 264 of ideas between, or the professional development of, 265 governmental officials or employees, and whose membership is 266 primarily composed of elected or appointed public officials or 267 staff, to members of that organization or officials or staff of 268 a governmental agency that is a member of that organization. 269 Section 2. Section 112.3125, Florida Statutes, is created 270 to read: 271 112.3125 Dual public employment.— 272 (1) As used in this section, the term “public officer” 273 includes any person who is elected to state or local office or, 274 for the period of his or her candidacy, any person who has 275 qualified as a candidate for state or local office. 276 (2) A public officer may not accept public employment with 277 the state or any of its political subdivisions if the public 278 officer knows, or with the exercise of reasonable care should 279 know, that the position is being offered by the employer for the 280 purpose of gaining influence or other advantage based on the 281 public officer’s office or candidacy. 282 (3) Any public employment accepted by a public officer must 283 meet all of the following conditions: 284 (a)1. The position was already in existence or was created 285 by the employer without the knowledge or anticipation of the 286 public officer’s interest in such position; 287 2. The position was publicly advertised; 288 3. The public officer was subject to the same application 289 and hiring process as other candidates for the position; and 290 4. The public officer meets or exceeds the required 291 qualifications for the position. 292 (4) A person who was employed by the state or any of its 293 political subdivisions before qualifying as a public officer for 294 his or her current term of office or the next available term of 295 office may continue his or her employment. However, he or she 296 may not accept promotion, advancement, additional compensation, 297 or anything of value that he or she knows, or with the exercise 298 of reasonable care should know, is provided or given as a result 299 of his or her election or position, or that is otherwise 300 inconsistent with the promotion, advancement, additional 301 compensation, or anything of value provided or given an employee 302 who is similarly situated. 303 (5) This section may not be interpreted as authorizing 304 employment that is otherwise prohibited by law. 305 Section 3. Paragraph (a) of subsection (9) of section 306 112.313, Florida Statutes, is amended to read: 307 112.313 Standards of conduct for public officers, employees 308 of agencies, and local government attorneys.— 309 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR 310 LEGISLATORS AND LEGISLATIVE EMPLOYEES.— 311 (a)1. It is the intent of the Legislature to implement by 312 statute the provisions of s. 8(e), Art. II of the State 313 Constitution relating to legislators, statewide elected 314 officers, appointed state officers, and designated public 315 employees. 316 2. As used in this paragraph: 317 a. “Employee” means: 318 (I) Any person employed in the executive or legislative 319 branch of government holding a position in the Senior Management 320 Service as defined in s. 110.402 or any person holding a 321 position in the Selected Exempt Service as defined in s. 110.602 322 or any person having authority over policy or procurement 323 employed by the Department of the Lottery. 324 (II) The Auditor General, the director of the Office of 325 Program Policy Analysis and Government Accountability, the 326 Sergeant at Arms and Secretary of the Senate, and the Sergeant 327 at Arms and Clerk of the House of Representatives. 328 (III) The executive director and deputy executive director 329 of the Commission on Ethics. 330 (IV) An executive director, staff director, or deputy staff 331 director of each joint committee, standing committee, or select 332 committee of the Legislature; an executive director, staff 333 director, executive assistant, analyst, or attorney of the 334 Office of the President of the Senate, the Office of the Speaker 335 of the House of Representatives, the Senate Majority Party 336 Office, Senate Minority Party Office, House Majority Party 337 Office, or House Minority Party Office; or any person, hired on 338 a contractual basis, having the power normally conferred upon 339 such persons, by whatever title. 340 (V) The Chancellor and Vice Chancellors of the State 341 University System; the general counsel to the Board of Governors 342 of the State University System; and the president, provost, vice 343 presidents, and deans of each state university. 344 (VI) Any person, including an other-personal-services 345 employee, having the power normally conferred upon the positions 346 referenced in this sub-subparagraph. 347 b. “Appointed state officer” means any member of an 348 appointive board, commission, committee, council, or authority 349 of the executive or legislative branch of state government whose 350 powers, jurisdiction, and authority are not solely advisory and 351 include the final determination or adjudication of any personal 352 or property rights, duties, or obligations, other than those 353 relative to its internal operations. 354 c. “State agency” means an entity of the legislative, 355 executive, or judicial branch of state government over which the 356 Legislature exercises plenary budgetary and statutory control. 357 3. No member of the Legislature, appointed state officer, 358 or statewide elected officer shall personally represent another 359 person or entity for compensation before the government body or 360 agency of which the individual was an officer or member for a 361 period of 2 years following vacation of office. No member of the 362 Legislature shall personally represent another person or entity 363 for compensation during his or her term of office, or for a 364 period of 2 years following vacation of office, before any state 365 agency other than judicial tribunals or in settlement 366 negotiations after the filing of a lawsuit. No member shall 367 associate as a partner, principal, employee of a firm, or 368 consultant for a period of 2 years following vacation of office 369 for the purpose of drafting, strategizing, consulting, advising 370 or in any way working on matters that will come before the 371 Legislature or provide networking or relationship building 372 services with sitting members of the Legislature. For purposes 373 of this prohibition, employment, partnership, or association 374 with a principal, firm, or entity whose primary purpose is 375 legislative lobbying is presumptively prohibited unless the 376 principal, firm, entity, or former member first receives an 377 advisory opinion from the commission finding that the proposed 378 employment is in compliance with this section. If the primary 379 purpose of the employer, association or partnership, principal, 380 firm, or entity affiliating with the former member is 381 legislative lobbying, such entity must file annually a sworn 382 statement with the Secretary of the Senate or the Clerk of the 383 House of Representatives affirming that the former member did 384 not engage in any of the prohibited activities. 385 4. An agency employee, including an agency employee who was 386 employed on July 1, 2001, in a Career Service System position 387 that was transferred to the Selected Exempt Service System under 388 chapter 2001-43, Laws of Florida, may not personally represent 389 another person or entity for compensation before the agency with 390 which he or she was employed for a period of 2 years following 391 vacation of position, unless employed by another agency of state 392 government. 393 5. Any person violating this paragraph shall be subject to 394 the penalties provided in s. 112.317 and a civil penalty of an 395 amount equal to the compensation which the person receives for 396 the prohibited conduct. 397 6. This paragraph is not applicable to: 398 a. A person employed by the Legislature or other agency 399 prior to July 1, 1989; 400 b. A person who was employed by the Legislature or other 401 agency on July 1, 1989, whether or not the person was a defined 402 employee on July 1, 1989; 403 c. A person who was a defined employee of the State 404 University System or the Public Service Commission who held such 405 employment on December 31, 1994; 406 d. A person who has reached normal retirement age as 407 defined in s. 121.021(29), and who has retired under the 408 provisions of chapter 121 by July 1, 1991; or 409 e. Any appointed state officer whose term of office began 410 before January 1, 1995, unless reappointed to that office on or 411 after January 1, 1995. 412 Section 4. Section 112.3142, Florida Statutes, is created 413 to read: 414 112.3142 Ethics training for specified constitutional 415 officers.— 416 (1) As used in this section, the term “constitutional 417 officers” includes the Governor, the Lieutenant Governor, the 418 Attorney General, the Chief Financial Officer, the Commissioner 419 of Agriculture, state attorneys, public defenders, sheriffs, tax 420 collectors, property appraisers, supervisors of elections, 421 clerks of the circuit court, county commissioners, district 422 school board members, and superintendents of schools. 423 (2)(a) All constitutional officers must complete 4 hours of 424 ethics training annually that addresses, at a minimum, s. 8, 425 Art. II of the State Constitution, the Code of Ethics for Public 426 Officers and Employees, and the public records and public 427 meetings laws of this state. This requirement may be satisfied 428 by completion of a continuing legal education class or other 429 continuing professional education class, seminar, or 430 presentation if the required subjects are covered. 431 (b) The commission shall adopt rules establishing minimum 432 course content for the portion of an ethics training class that 433 addresses s. 8, Art. II of the State Constitution and the Code 434 of Ethics for Public Officers and Employees. 435 (3) Each house of the Legislature shall provide for ethics 436 training pursuant to its rules. 437 Section 5. Section 112.31425, Florida Statutes, is created 438 to read: 439 112.31425 Qualified blind trusts.— 440 (1) The Legislature finds that if a public officer creates 441 a trust and does not control the interests held by the trust, 442 his or her official actions will not be influenced or appear to 443 be influenced by private considerations. 444 (2) If a public officer holds a beneficial interest in a 445 qualified blind trust as described in this section, he or she 446 does not have a conflict of interest prohibited under s. 447 112.313(3) or (7) or a voting conflict of interest under s. 448 112.3143 with regard to matters pertaining to that interest. 449 (3) The public officer may not attempt to influence or 450 exercise any control over decisions regarding the management of 451 assets in a qualified blind trust. The public officer or any 452 person having a beneficial interest in the qualified blind trust 453 may not make any effort to obtain information with respect to 454 the holdings of the trust, including obtaining a copy of any 455 trust tax return filed or any information relating thereto, 456 except as otherwise provided in this section. 457 (4) Except for communications that consist solely of 458 requests for distributions of cash or other unspecified assets 459 of the trust, the public officer or the person who has a 460 beneficial interest may not have any direct or indirect 461 communication with the trustee with respect to the trust, unless 462 such communication is in writing and relates only to: 463 (a) A request for a distribution from the trust which does 464 not specify whether the distribution is to be made in cash or in 465 kind; 466 (b) The general financial interests and needs of the public 467 officer or the person who has a beneficial interest, including, 468 but not limited to, an interest in maximizing income or long 469 term capital gain; 470 (c) A notification of the trustee of a law or regulation 471 subsequently applicable to the public officer which prohibits 472 the officer from holding an asset and directs that the asset not 473 be held by the trust; or 474 (d) A direction to the trustee to sell all of an asset 475 initially placed in the trust by the public officer which, in 476 the determination of the public officer, creates a conflict of 477 interest or the appearance thereof due to the subsequent 478 assumption of duties by the public officer. 479 (5) The public officer shall report the beneficial interest 480 in the qualified blind trust and its value as an asset on his or 481 her financial disclosure form, if the value is required to be 482 disclosed. The public officer shall report the blind trust as a 483 primary source of income on his or her financial disclosure 484 forms and its amount, if the amount of income is required to be 485 disclosed. The public officer is not required to report as a 486 secondary source of income any source of income to the blind 487 trust. 488 (6) In order to constitute a qualified blind trust, the 489 trust established by the public officer must meet the following 490 requirements: 491 (a) The person appointed as the trustee may not be: 492 1. The public officer’s spouse, child, parent, grandparent, 493 grandchild, brother, sister, parent-in-law, brother-in-law, 494 sister-in-law, aunt, uncle, or first cousin, or the spouse of 495 any such person; 496 2. A person who is an elected or appointed public officer 497 or a public employee; or 498 3. A person who has been appointed to serve in an agency by 499 the public officer or by a public officer or public employee 500 supervised by the public officer. 501 (b) The trust agreement that establishes the trust must: 502 1. Contain a statement that its purpose is to remove from 503 the grantor control and knowledge of investment of trust assets 504 so that conflicts between the grantor’s responsibilities as a 505 public officer and his or her private interests are eliminated. 506 2. Give the trustee complete discretion to manage the 507 trust, including, but not limited to, the power to dispose of 508 and acquire trust assets without consulting or notifying the 509 covered public officer or the person having a beneficial 510 interest in the trust. 511 3. Prohibit communication between the trustee and the 512 public officer, or the person who has a beneficial interest in 513 the trust, concerning the holdings or sources of income of the 514 trust, except amounts of cash value or net income or loss, if 515 such report does not identify any asset or holding, or except as 516 provided in this section. 517 4. Provide that the trust tax return is prepared by the 518 trustee or his or her designee and that any information relating 519 thereto is not disclosed to the public officer or to the person 520 who has a beneficial interest, except as provided in this 521 section. 522 5. Permit the trustee to notify the public officer of the 523 date of disposition and value at disposition of any original 524 investment or interest in real property to the extent required 525 by federal tax law so that the information can be reported on 526 the public officer’s applicable tax returns. 527 6. Prohibit the trustee from disclosing to the public 528 officer or the person who has a beneficial interest any 529 information concerning replacement assets to the trust, except 530 for the minimum tax information that lists only the totals of 531 taxable items from the trust and does not describe the source of 532 individual items of income. 533 (c) Within 5 business days after the agreement is executed, 534 the public officer shall file a notice with the commission 535 setting forth: 536 1. The date that the agreement is executed; 537 2. The name and address of the trustee; and 538 3. The acknowledgement by the trustee that he or she has 539 agreed to serve as trustee. 540 (7) If the trust is revoked while the covered public 541 official is a public officer, or if the covered public official 542 learns of any replacement assets that have been added to the 543 trust, the covered public official shall file an amendment to 544 his or her most recent financial disclosure statement. The 545 amendment shall be filed no later than 60 days after the date of 546 revocation or the addition of the replacement assets. The 547 covered public official shall disclose the previously unreported 548 pro rata share of the trust’s interests in investments or income 549 deriving from any such investments. For purposes of this 550 section, any replacement asset that becomes known to the covered 551 public official shall thereafter be treated as though it were an 552 original asset of the trust. 553 Section 6. Subsections (1) and (2) of section 112.3143, 554 Florida Statutes, are amended, current subsection (5) of that 555 section is renumbered as subsection (6), and a new subsection 556 (5) is added to that section, to read: 557 112.3143 Voting conflicts.— 558 (1) As used in this section: 559 (a) “Principal” includes the parent organization or 560 subsidiary of any business entity by which the public officer is 561 retained. 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 voting official or the 570 voting official’s relative, business associate, or principal in 571 a unique way or disproportionate to other members of the group. 572 (2)(a) ANostate public officer may not vote on any matter 573 that the officer knows would inure to his or her special private 574 gain or lossis prohibited from voting in an official capacity575on any matter.However,Any state public officer who abstains 576 from voting in an official capacity upon any measure thatwhich577 the officer knows would inure to the officer’s special private 578 gain or loss, or who votes in an official capacity on a measure 579 that; whichhe or she knows would inure to the special private 580 gain or loss of any principal by whom the officer is retained or 581 to the parent organization or subsidiary of a corporate 582 principal by which the officer is retained other than an agency 583 as defined in s. 112.312(2); or which the officer knows would 584 inure to the special private gain or loss of a relative or 585 business associate of the public officer, shall make every 586 reasonable effort to, within 15 days after the vote occurs,587 disclose the nature of his or her interest as a public record in 588 a memorandum filed with the person responsible for recording the 589 minutes of the meeting, who shall incorporate the memorandum in 590 the minutes. If it is not possible for the state public officer 591 to file a memorandum before the vote, the memorandum must be 592 filed with the person responsible for recording the minutes of 593 the meeting no later than 15 days after the vote. 594 (b) A member of the Legislature may satisfy the disclosure 595 requirements of this section by filing a disclosure form created 596 pursuant to the rules of the member’s respective house if the 597 member discloses the information required by this subsection. 598 (5) If disclosure of specific information would violate 599 confidentiality or privilege pursuant to law or rules governing 600 attorneys, a public officer, who is also an attorney, may comply 601 with the disclosure requirements of this section by disclosing 602 the nature of the interest in such a way as to provide the 603 public with notice of the conflict. 604 Section 7. Subsection (2) of section 112.3144, Florida 605 Statutes, is amended, present subsection (7) is renumbered as 606 subsection (9), and new subsections (7) and (8) are added to 607 that section, to read: 608 112.3144 Full and public disclosure of financial 609 interests.— 610 (2) A person who is required, pursuant to s. 8, Art. II of 611 the State Constitution, to file a full and public disclosure of 612 financial interests and who has filed a full and public 613 disclosure of financial interests for any calendar or fiscal 614 year shall not be required to file a statement of financial 615 interests pursuant to s. 112.3145(2) and (3) for the same year 616 or for any part thereof notwithstanding any requirement of this 617 part. When a candidate has qualified for office, the qualifying 618 officer shall forward an electronic copy of the full and public 619 disclosure of financial interests to the commission no later 620 than July 1. The electronic copy of the full and public 621 disclosure of financial interests satisfies the annual 622 disclosure requirement of this section. A candidate who does not 623 qualify until after the annual full and public disclosure has 624 been filed pursuant to this section, except that a candidate for625officeshall file a copy of his or her disclosure with the 626 officer before whom he or she qualifies. 627 (7)(a) The commission shall treat an amended full and 628 public disclosure of financial interests that is filed prior to 629 September 1 of the current year as the original filing, 630 regardless of whether a complaint has been filed. If a complaint 631 pertaining to the current year alleges a failure to properly and 632 accurately disclose any information required by this section or 633 if a complaint filed pertaining to a previous reporting period 634 within the preceding 5 years alleges a failure to properly and 635 accurately disclose any information required to be disclosed by 636 this section, the commission may immediately follow complaint 637 procedures in s. 112.324. However, if a complaint filed after 638 August 25 alleges an immaterial, inconsequential, or de minimis 639 error or omission, the commission may not take any action on the 640 complaint, other than notifying the filer of the complaint. The 641 filer must be given 30 days to file an amended full and public 642 disclosure of financial interests correcting any errors. If the 643 filer does not file an amended full and public disclosure of 644 financial interests within 30 days after the commission sends 645 notice of the complaint, the commission may continue with 646 proceedings pursuant to s. 112.324. 647 (b) For purposes of the final full and public disclosure of 648 financial interests, the commission shall treat a new final full 649 and public disclosure of financial interests as the original 650 filing if filed within 60 days after the original filing, 651 regardless of whether a complaint has been filed. If, more than 652 60 days after a final full and public disclosure of financial 653 interests is filed, a complaint is filed alleging a complete 654 omission of any information required to be disclosed by this 655 section, the commission may immediately follow the complaint 656 procedures in s. 112.324. However, if the complaint alleges an 657 immaterial, inconsequential, or de minimis error or omission, 658 the commission may not take any action on the complaint, other 659 than notifying the filer of the complaint. The filer must be 660 given 30 days to file a new final full and public disclosure of 661 financial interests correcting any errors. If the filer does not 662 file a new final full and public disclosure of financial 663 interests within 30 days after the commission sends notice of 664 the complaint, the commission may continue with proceedings 665 pursuant to s. 112.324. 666 (c) For purposes of this section, an error or omission is 667 immaterial, inconsequential, or de minimis if the original 668 filing provided sufficient information for the public to 669 identify potential conflicts of interest. 670 (8)(a) An individual required to file a disclosure pursuant 671 to this section may have the disclosure prepared by an attorney 672 in good standing with The Florida Bar or by a certified public 673 accountant licensed under chapter 473. After preparing a 674 disclosure form, the attorney or certified public accountant 675 must sign the form indicating that he or she prepared the form 676 in accordance with this section and the instructions for 677 completing and filing the disclosure forms and that, upon his or 678 her reasonable knowledge and belief, the disclosure is true and 679 correct. If a complaint is filed alleging a failure to disclose 680 information required by this section, the commission shall 681 determine whether the information was disclosed to the attorney 682 or certified public accountant. The failure of the attorney or 683 certified public accountant to accurately transcribe information 684 provided by the individual required to file is not a violation 685 of this section. 686 (b) An elected officer or candidate who chooses to use an 687 attorney or a certified public accountant to prepare his or her 688 disclosure may pay for the services of the attorney or certified 689 public accountant from funds in an office account created 690 pursuant to s. 106.141 or, during a year that the individual 691 qualifies for election to public office, the candidate’s 692 campaign depository pursuant to s. 106.021. 693 Section 8. Section 112.31445, Florida Statutes, is created 694 to read: 695 112.31445 Electronic filing system; full and public 696 disclosure of financial interests.— 697 (1) As used in this section, the term “electronic filing 698 system” means an Internet system for recording and reporting 699 full and public disclosure of financial interests or any other 700 form that is required pursuant to s. 112.3144. 701 (2) Beginning with the 2012 filing year, all full and 702 public disclosures of financial interests filed with the 703 commission pursuant to s. 8, Art. II of the State Constitution 704 or s. 112.3144 must be scanned and made publicly available by 705 the commission through a searchable Internet database. 706 (3) By December 1, 2015, the commission shall submit a 707 proposal to the President of the Senate and the Speaker of the 708 House of Representatives for a mandatory electronic filing 709 system. The proposal must, at a minimum: 710 (a) Provide for access through the Internet. 711 (b) Establish a procedure to make filings available in a 712 searchable format that is accessible by an individual using 713 standard web-browsing software. 714 (c) Provide for direct completion of the full and public 715 disclosure of financial interests forms as well as upload of 716 such information using software approved by the commission. 717 (d) Provide a secure method that prevents unauthorized 718 access to electronic filing system functions. 719 (e) Provide a method for an attorney or certified public 720 accountant licensed in this state to sign the disclosure form to 721 indicate that he or she prepared the form in accordance with s. 722 112.3144 and the instructions for completing and filing the 723 disclosure form and that, upon his or her reasonable knowledge 724 and belief, the form is true and correct. 725 (f) Address whether additional statutory or rulemaking 726 authority is necessary for implementation of the system, and 727 must include, at a minimum, the following elements: alternate 728 filing procedures to be used in the event that the commission’s 729 electronic filing system is inoperable, issuance of an 730 electronic receipt via electronic mail indicating and verifying 731 to the individual who submitted the full and public disclosure 732 of financial interests form that the form has been filed, and a 733 determination of the feasibility and necessity of including 734 statements of financial interests filed pursuant to s. 112.3145 735 in the proposed system. 736 Section 9. Paragraphs (a) and (b) of subsection (1), 737 paragraph (a) of subsection (2), and subsection (3) of section 738 112.3145, Florida Statutes, are amended, present subsection (9) 739 of that section is renumbered as subsection (11), and new 740 subsections (9) and (10) are added to that section, to read: 741 112.3145 Disclosure of financial interests and clients 742 represented before agencies.— 743 (1) For purposes of this section, unless the context 744 otherwise requires, the term: 745 (a) “Local officer” means: 746 1. Every person who is elected to office in any political 747 subdivision of the state, and every person who is appointed to 748 fill a vacancy for an unexpired term in such an elective office. 749 2. Any appointed member of any of the following boards, 750 councils, commissions, authorities, or other bodies of any 751 county, municipality, school district, independent special 752 district, or other political subdivision of the state: 753 a. The governing body of the political subdivision, if 754 appointed; 755b. An expressway authority or transportation authority756established by general law;757 b.c.A community college or junior college district board 758 of trustees; 759 c.d.A board having the power to enforce local code 760 provisions; 761 d.e.A planning or zoning board, board of adjustment, board 762 of appeals, community redevelopment agency board, or other board 763 having the power to recommend, create, or modify land planning 764 or zoning within the political subdivision, except for citizen 765 advisory committees, technical coordinating committees, and such 766 other groups who only have the power to make recommendations to 767 planning or zoning boards; 768 e.f.A pension board or retirement board having the power 769 to invest pension or retirement funds or the power to make a 770 binding determination of one’s entitlement to or amount of a 771 pension or other retirement benefit; or 772 f.g.Any other appointed member of a local government board 773 who is required to file a statement of financial interests by 774 the appointing authority or the enabling legislation, ordinance, 775 or resolution creating the board. 776 3. Any person holding one or more of the following 777 positions: mayor; county or city manager; chief administrative 778 employee of a county, municipality, or other political 779 subdivision; county or municipal attorney; finance director of a 780 county, municipality, or other political subdivision; chief 781 county or municipal building code inspector; county or municipal 782 water resources coordinator; county or municipal pollution 783 control director; county or municipal environmental control 784 director; county or municipal administrator, with power to grant 785 or deny a land development permit; chief of police; fire chief; 786 municipal clerk; district school superintendent; community 787 college president; district medical examiner; or purchasing 788 agent having the authority to make any purchase exceeding the 789 threshold amount provided for in s. 287.017 for CATEGORY ONE, on 790 behalf of any political subdivision of the state or any entity 791 thereof. 792 (b) “Specified state employee” means: 793 1. Public counsel created by chapter 350, an assistant 794 state attorney, an assistant public defender, a criminal 795 conflict and civil regional counsel, an assistant criminal 796 conflict and civil regional counsel, a full-time state employee 797 who serves as counsel or assistant counsel to any state agency, 798 the Deputy Chief Judge of Compensation Claims, a judge of 799 compensation claims, an administrative law judge, or a hearing 800 officer. 801 2. Any person employed in the office of the Governor or in 802 the office of any member of the Cabinet if that person is exempt 803 from the Career Service System, except persons employed in 804 clerical, secretarial, or similar positions. 805 3. The State Surgeon General or each appointed secretary, 806 assistant secretary, deputy secretary, executive director, 807 assistant executive director, or deputy executive director of 808 each state department, commission, board, or council; unless 809 otherwise provided, the division director, assistant division 810 director, deputy director, bureau chief, and assistant bureau 811 chief of any state department or division; or any person having 812 the power normally conferred upon such persons, by whatever 813 title. 814 4. The superintendent or institute director of a state 815 mental health institute established for training and research in 816 the mental health field or the warden or director of any major 817 state institution or facility established for corrections, 818 training, treatment, or rehabilitation. 819 5. Business managers, purchasing agents having the power to 820 make any purchase exceeding the threshold amount provided for in 821 s. 287.017 for CATEGORY ONE, finance and accounting directors, 822 personnel officers, or grants coordinators for any state agency. 823 6. Any person, other than a legislative assistant exempted 824 by the presiding officer of the house by which the legislative 825 assistant is employed, who is employed in the legislative branch 826 of government, except persons employed in maintenance, clerical, 827 secretarial, or similar positions. 828 7. Each employee of the Commission on Ethics. 829 (2)(a) A person seeking nomination or election to a state 830 or local elective office shall file a statement of financial 831 interests together with, and at the same time he or she files, 832 qualifying papers. When a candidate has qualified for office 833 prior to the deadline to file an annual statement of financial 834 interests, the statement of financial interests that is filed 835 with the candidate’s qualifying papers shall be deemed to 836 satisfy the annual disclosure requirement of this section. The 837 qualifying officer must record that the statement of financial 838 interests was timely filed. However, if a candidate does not 839 qualify until after the annual statement of financial interests 840 has been filed, the candidate may file a copy of his or her 841 statement with the qualifying officer. 842 (3) The statement of financial interests for state 843 officers, specified state employees, local officers, and persons 844 seeking to qualify as candidates for state or local office shall 845 be filed even if the reporting person holds no financial 846 interests requiring disclosure, in which case the statement 847 shall be marked “not applicable.” Otherwise, the statement of 848 financial interests shall include, at the filer’s option, 849 either: 850 (a)1. All sources of income in excess of 5 percent of the 851 gross income received during the disclosure period by the person 852 in his or her own name or by any other person for his or her use 853 or benefit, excluding public salary. However, this shall not be 854 construed to require disclosure of a business partner’s sources 855 of income. The person reporting shall list such sources in 856 descending order of value with the largest source first; 857 2. All sources of income to a business entity in excess of 858 10 percent of the gross income of a business entity in which the 859 reporting person held a material interest and from which he or 860 she received an amount which was in excess of 10 percent of his 861 or her gross income during the disclosure period and which 862 exceeds $1,500. The period for computing the gross income of the 863 business entity is the fiscal year of the business entity which 864 ended on, or immediately prior to, the end of the disclosure 865 period of the person reporting; 866 3. The location or description of real property in this 867 state, except for residences and vacation homes, owned directly 868 or indirectly by the person reporting, when such person owns in 869 excess of 5 percent of the value of such real property, and a 870 general description of any intangible personal property worth in 871 excess of 10 percent of such person’s total assets. For the 872 purposes of this paragraph, indirect ownership does not include 873 ownership by a spouse or minor child; and 874 4. Every individual liability that equals more than the 875 reporting person’s net worth; or 876 (b)1. All sources of gross income in excess of $2,500 877 received during the disclosure period by the person in his or 878 her own name or by any other person for his or her use or 879 benefit, excluding public salary. However, this shall not be 880 construed to require disclosure of a business partner’s sources 881 of income. The person reporting shall list such sources in 882 descending order of value with the largest source first; 883 2. All sources of income to a business entity in excess of 884 10 percent of the gross income of a business entity in which the 885 reporting person held a material interest and from which he or 886 she received gross income exceeding $5,000 during the disclosure 887 period. The period for computing the gross income of the 888 business entity is the fiscal year of the business entity which 889 ended on, or immediately prior to, the end of the disclosure 890 period of the person reporting; 891 3. The location or description of real property in this 892 state, except for residence and vacation homes, owned directly 893 or indirectly by the person reporting, when such person owns in 894 excess of 5 percent of the value of such real property, and a 895 general description of any intangible personal property worth in 896 excess of $10,000. For the purpose of this paragraph, indirect 897 ownership does not include ownership by a spouse or minor child; 898 and 899 4. Every liability in excess of $10,000. 900 901 A person filing a statement of financial interests shall 902 indicate on the statement whether he or she is using the method 903 specified in paragraph (a) or paragraph (b) of this subsection. 904 (9)(a) The commission shall treat an amended statement of 905 financial interests that is filed prior to September 1 of the 906 current year as the original filing, regardless of whether a 907 complaint has been filed. If a complaint pertaining to the 908 current year alleges a failure to properly and accurately 909 disclose any information required by this section or if a 910 complaint filed pertaining to a previous reporting period within 911 the preceding 5 years alleges a failure to properly and 912 accurately disclose any information required to be disclosed by 913 this section, the commission may immediately follow complaint 914 procedures in s. 112.324. However, if a complaint filed after 915 August 25 alleges an immaterial, inconsequential, or de minimis 916 error or omission, the commission may not take any action on the 917 complaint, other than notifying the filer of the complaint. The 918 filer must be given 30 days to file an amended statement of 919 financial interests correcting any errors. If the filer does not 920 file an amended statement of financial interests within 30 days 921 after the commission sends notice of the complaint, the 922 commission may continue with proceedings pursuant to s. 112.324. 923 (b) For purposes of the final statement of financial 924 interests, the commission shall treat a new final statement of 925 financial interests, as the original filing, if filed within 60 926 days of the original filing regardless of whether a complaint 927 has been filed. If, more than 60 days after a final statement of 928 financial interests is filed, a complaint is filed alleging a 929 complete omission of any information required to be disclosed by 930 this section, the commission may immediately follow the 931 complaint procedures in s. 112.324. However, if the complaint 932 alleges an immaterial, inconsequential, or de minimis error or 933 omission, the commission may not take any action on the 934 complaint other than notifying the filer of the complaint. The 935 filer must be given 30 days to file a new final statement of 936 financial interests correcting any errors. If the filer does not 937 file a new final statement of financial interests within 30 days 938 after the commission sends notice of the complaint, the 939 commission may continue with proceedings pursuant to s. 112.324. 940 (c) For purposes of this section, an error or omission is 941 immaterial, inconsequential, or de minimis if the original 942 filing provided sufficient information for the public to 943 identify potential conflicts of interest. 944 (10)(a) An individual required to file a disclosure 945 pursuant to this section may have the disclosure prepared by an 946 attorney in good standing with The Florida Bar or by a certified 947 public accountant licensed under chapter 473. After preparing a 948 disclosure form, the attorney or certified public accountant 949 must sign the form indicating that he or she prepared the form 950 in accordance with this section and the instructions for 951 completing and filing the disclosure forms and that, upon his or 952 her reasonable knowledge and belief, the disclosure is true and 953 correct. If a complaint is filed alleging a failure to disclose 954 information required by this section, the commission shall 955 determine whether the information was disclosed to the attorney 956 or certified public accountant. The failure of the attorney or 957 certified public accountant to accurately transcribe information 958 provided by the individual who is required to file the 959 disclosure does not constitute a violation of this section. 960 (b) An elected officer or candidate who chooses to use an 961 attorney or a certified public accountant to prepare his or her 962 disclosure may pay for the services of the attorney or certified 963 public accountant from funds in an office account created 964 pursuant to s. 106.141 or, during a year that the individual 965 qualifies for election to public office, the candidate’s 966 campaign depository pursuant to s. 106.021. 967 Section 10. Section 112.31455, Florida Statutes, is created 968 to read: 969 112.31455 Collection methods for unpaid automatic fines for 970 failure to timely file disclosure of financial interests.— 971 (1) Before referring any unpaid fine accrued pursuant to s. 972 112.3144(5) or s. 112.3145(6) to the Department of Financial 973 Services, the commission shall attempt to determine whether the 974 individual owing such a fine is a current public officer or 975 current public employee. If so, the commission may notify the 976 Chief Financial Officer or the governing body of the appropriate 977 county, municipality, or special district of the total amount of 978 any fine owed to the commission by such individual. 979 (a) After receipt and verification of the notice from the 980 commission, the Chief Financial Officer or the governing body of 981 the county, municipality, or special district shall begin 982 withholding the lesser of 10 percent or the maximum amount 983 allowed under federal law from any salary-related payment. The 984 withheld payments shall be remitted to the commission until the 985 fine is satisfied. 986 (b) The Chief Financial Officer or the governing body of 987 the county, municipality, or special district may retain an 988 amount of each withheld payment, as provided in s. 77.0305, to 989 cover the administrative costs incurred under this section. 990 (2) If the commission determines that the individual who is 991 the subject of an unpaid fine accrued pursuant to s. 112.3144(5) 992 or s. 112.3145(6) is no longer a public officer or public 993 employee or if the commission is unable to determine whether the 994 individual is a current public officer or public employee, the 995 commission may, 6 months after the order becomes final: 996 (a) Record the final order as a judgment lien against any 997 real or personal property within the state pursuant to chapter 998 55. Upon recording the order imposing the fine with the clerk of 999 the circuit court, the order shall be deemed a judgment for 1000 purposes of chapter 55; or 1001 (b) Seek garnishment of any wages to satisfy the amount of 1002 the fine, or any unpaid portion thereof, pursuant to chapter 77. 1003 Upon recording the order imposing the fine with the clerk of the 1004 circuit court, the order shall be deemed a judgment for purposes 1005 of garnishment pursuant to chapter 77. 1006 (3) If a person holds an interest of $10,000 or less in a 1007 single motor vehicle as defined in s. 320.01, that interest is 1008 exempt from the collection methods authorized by this section. 1009 (4) The commission may refer unpaid fines to the 1010 appropriate collection agency, as directed by the Chief 1011 Financial Officer, to utilize any collection methods provided by 1012 law. Except as expressly limited by this section, any other 1013 collection methods authorized by law are allowed. 1014 (5) Action may be taken to collect any unpaid fine imposed 1015 by ss. 112.3144 and 112.3145 within 20 years after the date the 1016 final order is rendered. 1017 Section 11. Section 112.3147, Florida Statutes, is amended 1018 to read: 1019 112.3147 Forms.—Except as otherwise provided, all 1020 information required to be furnished by ss. 112.313, 112.3143, 1021 112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II 1022 of the State Constitution shall be on forms prescribed by the 1023 Commission on Ethics. 1024 Section 12. Paragraph (e) of subsection (2) of section 1025 112.3148, Florida Statutes, is amended and paragraph (f) is 1026 added to that subsection, and subsections (3) through (5) of 1027 that section are amended, to read: 1028 112.3148 Reporting and prohibited receipt of gifts by 1029 individuals filing full or limited public disclosure of 1030 financial interests and by procurement employees.— 1031 (2) As used in this section: 1032 (e) “Procurement employee” means any employee of an 1033 officer, department, board, commission,orcouncil, or agency of 1034 the executive branch or judicial branch of state government who 1035 has participated in the preceding 12 monthsparticipatesthrough 1036 decision, approval, disapproval, recommendation, preparation of 1037 any part of a purchase request, influencing the content of any 1038 specification or procurement standard, rendering of advice, 1039 investigation, or auditing or in any other advisory capacity in 1040 the procurement of contractual services or commodities as 1041 defined in s. 287.012, if the cost of such services or 1042 commodities exceeds or is expected to exceed $10,000$1,000in 1043 any fiscal year. 1044 (f) “Vendor” means a business entity doing business 1045 directly with an agency, such as renting, leasing, or selling 1046 any realty, goods, or services. 1047 (3) A reporting individual or procurement employee is 1048 prohibited from soliciting any gift from a vendor doing business 1049 with the reporting individual’s or procurement employee’s agency 1050 or froma political committee or committee of continuous1051existence, as defined in s.106.011, or froma lobbyist who 1052 lobbies the reporting individual’s or procurement employee’s 1053 agency, or the partner, firm, employer, or principal of such 1054 lobbyist, where such gift is for the personal benefit of the 1055 reporting individual or procurement employee, another reporting 1056 individual or procurement employee, or any member of the 1057 immediate family of a reporting individual or procurement 1058 employee. 1059 (4) A reporting individual or procurement employee or any 1060 other person on his or her behalf is prohibited from knowingly 1061 accepting, directly or indirectly, a gift from a vendor doing 1062 business with the reporting individual’s or procurement 1063 employee’s agency or froma political committee or committee of1064continuous existence, as defined in s.106.011, or froma 1065 lobbyist who lobbies the reporting individual’s or procurement 1066 employee’s agency, or directly or indirectly on behalf of the 1067 partner, firm, employer, or principal of a lobbyist, if he or 1068 she knows or reasonably believes that the gift has a value in 1069 excess of $100; however, such a gift may be accepted by such 1070 person on behalf of a governmental entity or a charitable 1071 organization. If the gift is accepted on behalf of a 1072 governmental entity or charitable organization, the person 1073 receiving the gift shall not maintain custody of the gift for 1074 any period of time beyond that reasonably necessary to arrange 1075 for the transfer of custody and ownership of the gift. 1076 (5)(a) A vendor doing business with the reporting 1077 individual’s or procurement employee’s agencyA political1078committee or a committee of continuous existence, as defined in1079s.106.011; a lobbyist who lobbies a reporting individual’s or 1080 procurement employee’s agency; the partner, firm, employer, or 1081 principal of a lobbyist; or another on behalf of the lobbyist or 1082 partner, firm, principal, or employer of the lobbyist is 1083 prohibited from giving, either directly or indirectly, a gift 1084 that has a value in excess of $100 to the reporting individual 1085 or procurement employee or any other person on his or her 1086 behalf; however, such person may give a gift having a value in 1087 excess of $100 to a reporting individual or procurement employee 1088 if the gift is intended to be transferred to a governmental 1089 entity or a charitable organization. 1090 (b) However, a person who is regulated by this subsection, 1091 who is not regulated by subsection (6), and who makes, or 1092 directs another to make, an individual gift having a value in 1093 excess of $25, but not in excess of $100, other than a gift that 1094 the donor knows will be accepted on behalf of a governmental 1095 entity or charitable organization, must file a report on the 1096 last day of each calendar quarter for the previous calendar 1097 quarter in which a reportable gift is made. The report shall be 1098 filed with the Commission on Ethics, except with respect to 1099 gifts to reporting individuals of the legislative branch, in 1100 which case the report shall be filed with the Office of 1101 Legislative Services. The report must contain a description of 1102 each gift, the monetary value thereof, the name and address of 1103 the person making such gift, the name and address of the 1104 recipient of the gift, and the date such gift is given. In 1105 addition, if a gift is made which requires the filing of a 1106 report under this subsection, the donor must notify the intended 1107 recipient at the time the gift is made that the donor, or 1108 another on his or her behalf, will report the gift under this 1109 subsection. Under this paragraph, a gift need not be reported by 1110 more than one person or entity. 1111 Section 13. Section 112.31485, Florida Statutes, is created 1112 to read: 1113 112.31485 Prohibition on gifts involving political 1114 committees and committees of continuous existence.— 1115 (1)(a) For purposes of this section, the term “gift” means 1116 any purchase, payment, distribution, loan, advance, transfer of 1117 funds, or disbursement of money or anything of value that is not 1118 primarily related to contributions, expenditures, or other 1119 political activities authorized pursuant to chapter 106. 1120 (b) For purposes of this section, the term “immediate 1121 family” means any parent, spouse, child, or sibling. 1122 (2)(a) A reporting individual or procurement employee or a 1123 member of his or her immediate family is prohibited from 1124 soliciting or knowingly accepting, directly or indirectly, any 1125 gift from a political committee or committee of continuous 1126 existence. 1127 (b) A political committee or committee of continuous 1128 existence is prohibited from giving, directly or indirectly, any 1129 gift to a reporting individual or procurement employee or a 1130 member of his or her immediate family. 1131 (3) Any person who violates this section is subject to a 1132 civil penalty equal to three times the amount of the gift. Such 1133 penalty is in addition to the penalties provided in s. 112.317 1134 and shall be paid to the General Revenue Fund of the state. A 1135 reporting individual or procurement employee or a member of his 1136 or her immediate family who violates this section is personally 1137 liable for payment of the treble penalty. Any agent or person 1138 acting on behalf of a political committee or committee of 1139 continuous existence who gives a prohibited gift is personally 1140 liable for payment of the treble penalty. 1141 Section 14. Paragraph (e) of subsection (1) of section 1142 112.3149, Florida Statutes, is amended, and paragraph (f) is 1143 added to that subsection, and subsections (3) and (4) of that 1144 section are amended, to read: 1145 112.3149 Solicitation and disclosure of honoraria.— 1146 (1) As used in this section: 1147 (e) “Procurement employee” means any employee of an 1148 officer, department, board, commission,orcouncil, or agency of 1149 the executive branch or judicial branch of state government who 1150 has participated in the preceding 12 monthsparticipatesthrough 1151 decision, approval, disapproval, recommendation, preparation of 1152 any part of a purchase request, influencing the content of any 1153 specification or procurement standard, rendering of advice, 1154 investigation, or auditing or in any other advisory capacity in 1155 the procurement of contractual services or commodities as 1156 defined in s. 287.012, if the cost of such services or 1157 commodities exceeds $10,000$1,000in any fiscal year. 1158 (f) “Vendor” means a business entity doing business 1159 directly with an agency, such as renting, leasing, or selling 1160 any realty, goods, or services. 1161 (3) A reporting individual or procurement employee is 1162 prohibited from knowingly accepting an honorarium from a 1163 political committee or committee of continuous existence, as 1164 defined in s. 106.011, from a vendor doing business with the 1165 reporting individual’s or procurement employee’s agency, from a 1166 lobbyist who lobbies the reporting individual’s or procurement 1167 employee’s agency, or from the employer, principal, partner, or 1168 firm of such a lobbyist. 1169 (4) A political committee or committee of continuous 1170 existence, as defined in s. 106.011, a vendor doing business 1171 with the reporting individual’s or procurement employee’s 1172 agency, a lobbyist who lobbies a reporting individual’s or 1173 procurement employee’s agency, or the employer, principal, 1174 partner, or firm of such a lobbyist is prohibited from giving an 1175 honorarium to a reporting individual or procurement employee. 1176 Section 15. Section 112.317, Florida Statutes, is amended 1177 to read: 1178 112.317 Penalties.— 1179 (1) Any violation ofany provision ofthis part, including, 1180 but not limited to,anyfailure to fileanydisclosures required 1181 by this part or violation of any standard of conduct imposed by 1182 this part, or any violation ofany provision ofs. 8, Art. II of 1183 the State Constitution, in addition to any criminal penalty or 1184 other civil penalty involved,shall,under applicable 1185 constitutional and statutory procedures, constitutesconstitute1186 grounds for, and may be punished by, one or more of the 1187 following: 1188 (a) In the case of a public officer: 1189 1. Impeachment. 1190 2. Removal from office. 1191 3. Suspension from office. 1192 4. Public censure and reprimand. 1193 5. Forfeiture of no more than one-third of his or her 1194 salary per month for no more than 12 months. 1195 6. A civil penalty not to exceed $10,000. 1196 7. Restitution of any pecuniary benefits received because 1197 of the violation committed. The commission may recommend that 1198 the restitution penalty be paid to the agency of which the 1199 public officer was a member or to the General Revenue Fund. 1200 (b) In the case of an employee or a person designated as a 1201 public officer by this part who otherwise would be deemed to be 1202 an employee: 1203 1. Dismissal from employment. 1204 2. Suspension from employment for not more than 90 days 1205 without pay. 1206 3. Demotion. 1207 4. Reduction in his or her salary level. 1208 5. Forfeiture of no more than one-third salary per month 1209 for no more than 12 months. 1210 6. A civil penalty not to exceed $10,000. 1211 7. Restitution of any pecuniary benefits received because 1212 of the violation committed. The commission may recommend that 1213 the restitution penalty be paid to the agency by which the 1214 public employee was employed, or of which the officer was deemed 1215 to be an employee, or to the General Revenue Fund. 1216 8. Public censure and reprimand. 1217 (c) In the case of a candidate who violatesthe provisions1218ofthis part or s. 8(a) and (i), Art. II of the State 1219 Constitution: 1220 1. Disqualification from being on the ballot. 1221 2. Public censure. 1222 3. Reprimand. 1223 4. A civil penalty not to exceed $10,000. 1224 (d) In the case of a former public officer or employee who 1225 has violated a provision applicable to former officers or 1226 employees or whose violation occurred before the officer’s or 1227 employee’s leaving public office or employment: 1228 1. Public censure and reprimand. 1229 2. A civil penalty not to exceed $10,000. 1230 3. Restitution of any pecuniary benefits received because 1231 of the violation committed. The commission may recommend that 1232 the restitution penalty be paid to the agency of the public 1233 officer or employee or to the General Revenue Fund. 1234 (e) In the case of a person who is subject to the standards 1235 of this part, other than a lobbyist or lobbying firm under s. 1236 112.3215 for a violation of s. 112.3215, but who is not a public 1237 officer or employee: 1238 1. Public censure and reprimand. 1239 2. A civil penalty not to exceed $10,000. 1240 3. Restitution of any pecuniary benefits received because 1241 of the violation committed. The commission may recommend that 1242 the restitution penalty be paid to the agency of the person or 1243 to the General Revenue Fund. 1244 (2) In any case in which the commission finds a violation 1245 of this part or of s. 8, Art. II of the State Constitution and 1246 the proper disciplinary official or body under s. 112.324 1247 imposes a civil penalty or restitution penalty, the Attorney 1248 General shall bring a civil action to recover such penalty. No 1249 defense may be raised in the civil action to enforce the civil 1250 penalty or order of restitution that could have been raised by 1251 judicial review of the administrative findings and 1252 recommendations of the commission by certiorari to the district 1253 court of appeal. The Attorney General shall collect any costs, 1254 attorney’s fees, expert witness fees, or other costs of 1255 collection incurred in bringing the action. 1256 (3) The penalties prescribed in this part shall not be 1257 construed to limit or to conflict with: 1258 (a) The power of either house of the Legislature to 1259 discipline its own members or impeach a public officer. 1260 (b) The power of agencies to discipline officers or 1261 employees. 1262 (4) Any violation of this part or of s. 8, Art. II of the 1263 State Constitution by a public officer constitutesshall1264constitutemalfeasance, misfeasance, or neglect of duty in 1265 office within the meaning of s. 7, Art. IV of the State 1266 Constitution. 1267 (5) By order of the Governor, upon recommendation of the 1268 commission, any elected municipal officer who violatesany1269provision ofthis part orofs. 8, Art. II of the State 1270 Constitution may be suspended from office and the office filled 1271 by appointment for the period of suspension. The suspended 1272 officer may at any time before removal be reinstated by the 1273 Governor. The Senate may, in proceedings prescribed by law, 1274 remove from office, or reinstate, the suspended official, and 1275 for such purpose the Senate may be convened in special session 1276 by its President or by a majority of its membership. 1277 (6) In any case in which the commission finds probable 1278 cause to believe that a complainant has committed perjury in 1279 regard to any document filed with, or any testimony given 1280 before, the commission, it shall refer such evidence to the 1281 appropriate law enforcement agency for prosecution and taxation 1282 of costs. 1283 (7) In any case in which the commission determines that a 1284 person has filed a complaint against a public officer or 1285 employee with a malicious intent to injure the reputation of 1286 such officer or employee by filing the complaint with knowledge 1287 that the complaint contains one or more false allegations or 1288 with reckless disregard for whether the complaint contains false 1289 allegations of fact material to a violation of this part, the 1290 complainant shall be liable for costs plus reasonable attorney 1291attorney’sfees incurred in the defense of the person complained 1292 against, including the costs and reasonable attorneyattorney’s1293 fees incurred in proving entitlement to and the amount of costs 1294 and fees. If the complainant fails to pay such costs and fees 1295 voluntarily within 30 days following such finding by the 1296 commission, the commission shall forward such information to the 1297 Department of Legal Affairs, which shall bring a civil action in 1298 a court of competent jurisdiction to recover the amount of such 1299 costs and fees awarded by the commission. 1300 Section 16. Paragraphs (a) and (c) of subsection (8) and 1301 subsection (10) of section 112.3215, Florida Statutes, are 1302 amended, present subsections (11) through (14) are renumbered as 1303 (12) through (15), respectively, and a new subsection (11) is 1304 added to that section to read: 1305 112.3215 Lobbying before the executive branch or the 1306 Constitution Revision Commission; registration and reporting; 1307 investigation by commission.— 1308 (8)(a) The commission shall investigate every sworn 1309 complaint that is filed with it alleging that a person covered 1310 by this section has failed to register, has failed to submit a 1311 compensation report, has made a prohibited expenditure, or has 1312 knowingly submitted false information in any report or 1313 registration required in this section. 1314 (c) The commission shall investigate any lobbying firm, 1315 lobbyist, principal, agency, officer, or employee upon receipt 1316 of information from a sworn complaint or from a random audit of 1317 lobbying reports indicating a possible violation other than a 1318 late-filed report. 1319 (10) If the Governor and Cabinet finds that a violation 1320 occurred, it may reprimand the violator, censure the violator, 1321 or prohibit the violator from lobbying all agencies for a period 1322 not to exceed 2 years. If the violator is a lobbying firm, 1323 lobbyist, or principal, the Governor and Cabinet may also assess 1324 a fine of not more than $5,000 to be deposited in the Executive 1325 Branch Lobby Registration Trust Fund. 1326 (11) Any person who is required to be registered or to 1327 provide information under this section or under rules adopted 1328 pursuant to this section and who knowingly fails to disclose any 1329 material fact that is required by this section or by rules 1330 adopted pursuant to this section, or who knowingly provides 1331 false information on any report required by this section or by 1332 rules adopted pursuant to this section, commits a noncriminal 1333 infraction, punishable by a fine not to exceed $5,000. Such 1334 penalty is in addition to any other penalty assessed by the 1335 Governor and Cabinet pursuant to subsection (10). 1336 Section 17. Section 112.324, Florida Statutes, is amended 1337 to read: 1338 112.324 Procedures on complaints of violations and 1339 referrals; public records and meeting exemptions.— 1340 (1)Upon a written complaint executed on a form prescribed1341by the commission and signed under oath or affirmation by any1342person,The commission shall investigate ananyalleged 1343 violation of this part oranyother alleged breach of the public 1344 trust within the jurisdiction of the commission as provided in 1345 s. 8(f), Art. II of the State Constitution:in accordance with1346procedures set forth herein.1347 (a) Upon a written complaint executed on a form prescribed 1348 by the commission and signed under oath of affirmation by any 1349 person; or 1350 (b) Upon receipt of a written referral of a possible 1351 violation of this part or other possible breach of the public 1352 trust from the Governor, the Department of Law Enforcement, a 1353 state attorney, or a United States Attorney which at least six 1354 members of the commission determine is sufficient to indicate a 1355 violation of this part or any other breach of the public trust. 1356 1357 Within 5 days after receipt of a complaint by the commission or 1358 a determination by at least six members of the commission that 1359 the referral received is deemed sufficient, a copy shall be 1360 transmitted to the alleged violator. 1361 (2)(a) The complaint and records relating to the complaint 1362 or to any preliminary investigation held by the commission or 1363 its agents, by a Commission on Ethics and Public Trust 1364 established by any county defined in s. 125.011(1) or by any 1365 municipality defined in s. 165.031, or by any county or 1366 municipality that has established a local investigatory process 1367 to enforce more stringent standards of conduct and disclosure 1368 requirements as provided in s. 112.326 are confidential and 1369 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 1370 of the State Constitution. 1371 (b) Any proceeding conducted by the commission, a 1372 Commission on Ethics and Public Trust, or a county or 1373 municipality that has established such local investigatory 1374 process, pursuant to a complaint or preliminary investigation, 1375 is exempt from the provisions of s. 286.011, s. 24(b), Art. I of 1376 the State Constitution, and s. 120.525. 1377 (c) The exemptions in paragraphs (a) and (b) apply until 1378 the complaint is dismissed as legally insufficient, until the 1379 alleged violator requests in writing that such records and 1380 proceedings be made public, or until the commission, a 1381 Commission on Ethics and Public Trust, or a county or 1382 municipality that has established such local investigatory 1383 process determines, based on such investigation, whether 1384 probable cause exists to believe that a violation has occurred. 1385In no event shallA complaint or referral under this part 1386 against a candidate in any general, special, or primary election 1387 may not be filed nor mayorany intention of filing such a 1388 complaint or referral be disclosed on the day of any such 1389 election or within the 305days immediately preceding the date 1390 of the election, unless the complaint or referral is based upon 1391 personal information or information other than hearsay. 1392 (d) This subsection is subject to the Open Government 1393 Sunset Review Act in accordance with s. 119.15 and shall stand 1394 repealed on October 2, 2015, unless reviewed and saved from 1395 repeal through reenactment by the Legislature. 1396 (3) A preliminary investigation shall be undertaken by the 1397 commission of each legally sufficient complaint or referral over 1398 which the commission has jurisdiction to determine whether there 1399 is probable cause to believe that a violation has occurred. If, 1400 upon completion of the preliminary investigation, the commission 1401 finds no probable cause to believe that this part has been 1402 violated or that any other breach of the public trust has been 1403 committed, the commission shall dismiss the complaint or 1404 referral with the issuance of a public report to the complainant 1405 and the alleged violator, stating with particularity its reasons 1406 for dismissalof the complaint. At that time, the complaint or 1407 referral and all materials relating to the complaint or referral 1408 shall become a matter of public record. If the commission finds 1409 from the preliminary investigation probable cause to believe 1410 that this part has been violated or that any other breach of the 1411 public trust has been committed, it shall so notify the 1412 complainant and the alleged violator in writing. Such 1413 notification and all documents made or received in the 1414 disposition of the complaint or referral shall then become 1415 public records. Upon request submitted to the commission in 1416 writing, any person who the commission finds probable cause to 1417 believe has violated any provision of this part or has committed 1418 any other breach of the public trust shall be entitled to a 1419 public hearing. Such person shall be deemed to have waived the 1420 right to a public hearing if the request is not received within 1421 14 days following the mailing of the probable cause notification 1422 required by this subsection. However, the commission may on its 1423 own motion, require a public hearing, may conduct such further 1424 investigation as it deems necessary, and may enter into such 1425 stipulations and settlements as it finds to be just and in the 1426 best interest of the state. The commission is without 1427 jurisdiction to, and no respondent may voluntarily or 1428 involuntarily, enter into a stipulation or settlement which 1429 imposes any penalty, including, but not limited to, a sanction 1430 or admonition or any other penalty contained in s. 112.317. 1431 Penalties shall be imposed only by the appropriate disciplinary 1432 authority as designated in this section. 1433 (4) If, in cases pertaining to members of the Legislature, 1434 upon completion of a full and final investigation by the 1435 commission, the commission finds that there has been a violation 1436 of this part or of any provision of s. 8, Art. II of the State 1437 Constitution, the commission shall forward a copy of the 1438 complaint or referral and its findings by certified mail to the 1439 President of the Senate or the Speaker of the House of 1440 Representatives, whichever is applicable, who shall refer the 1441 complaint or referral to the appropriate committee for 1442 investigation and action which shall be governed by the rules of 1443 its respective house. It isshall bethe duty of the committee 1444 to report its final action upon the mattercomplaintto the 1445 commission within 90 days of the date of transmittal to the 1446 respective house. Upon request of the committee, the commission 1447 shall submit a recommendation as to what penalty, if any, should 1448 be imposed. In the case of a member of the Legislature, the 1449 house in which the member serves hasshall havethe power to 1450 invoke the penalty provisions of this part. 1451 (5) If, in casespertaining to complaintsagainst 1452 impeachable officers, upon completion of a full and final 1453 investigation by the commission, the commission finds that there 1454 has been a violation of this part or of any provision of s. 8, 1455 Art. II of the State Constitution, and the commission finds that 1456 the violation may constitute grounds for impeachment, the 1457 commission shall forward a copy of the complaint or referral and 1458 its findings by certified mail to the Speaker of the House of 1459 Representatives, who shall refer the complaint or referral to 1460 the appropriate committee for investigation and action which 1461 shall be governed by the rules of the House of Representatives. 1462 It isshall bethe duty of the committee to report its final 1463 action upon the mattercomplaintto the commission within 90 1464 days of the date of transmittal. 1465 (6) If the commission finds that there has been a violation 1466 of this part or of any provision of s. 8, Art. II of the State 1467 Constitution by an impeachable officer other than the Governor, 1468 and the commission recommends public censure and reprimand, 1469 forfeiture of a portion of the officer’s salary, a civil 1470 penalty, or restitution, the commission shall report its 1471 findings and recommendation of disciplinary action to the 1472 Governor, who hasshall havethe power to invoke the penalty 1473 provisions of this part. 1474 (7) If the commission finds that there has been a violation 1475 of this part or of any provision of s. 8, Art. II of the State 1476 Constitution by the Governor, and the commission recommends 1477 public censure and reprimand, forfeiture of a portion of the 1478 Governor’s salary, a civil penalty, or restitution, the 1479 commission shall report its findings and recommendation of 1480 disciplinary action to the Attorney General, who shall have the 1481 power to invoke the penalty provisions of this part. 1482 (8) If, in casespertaining to complaintsother than 1483 complaints or referrals against impeachable officers or members 1484 of the Legislature, upon completion of a full and final 1485 investigation by the commission, the commission finds that there 1486 has been a violation of this part or of s. 8, Art. II of the 1487 State Constitution, it isshall bethe duty of the commission to 1488 report its findings and recommend appropriate action to the 1489 proper disciplinary official or body as follows, and such 1490 official or body hasshall havethe power to invoke the penalty 1491 provisions of this part, including the power to order the 1492 appropriate elections official to remove a candidate from the 1493 ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art. 1494 II of the State Constitution: 1495 (a) The President of the Senate and the Speaker of the 1496 House of Representatives, jointly, in any case concerning the 1497 Public Counsel, members of the Public Service Commission, 1498 members of the Public Service Commission Nominating Council, the 1499 Auditor General, or the director of the Office of Program Policy 1500 Analysis and Government Accountability. 1501 (b) The Supreme Court, in any case concerning an employee 1502 of the judicial branch. 1503 (c) The President of the Senate, in any case concerning an 1504 employee of the Senate; the Speaker of the House of 1505 Representatives, in any case concerning an employee of the House 1506 of Representatives; or the President and the Speaker, jointly, 1507 in any case concerning an employee of a committee of the 1508 Legislature whose members are appointed solely by the President 1509 and the Speaker or in any case concerning an employee of the 1510 Public Counsel, Public Service Commission, Auditor General, or 1511 Office of Program Policy Analysis and Government Accountability. 1512 (d) Except as otherwise provided by this part, the 1513 Governor, in the case of any other public officer, public 1514 employee, former public officer or public employee, candidate or 1515 former candidate, or person who is not a public officer or 1516 employee, other than lobbyists and lobbying firms under s. 1517 112.3215 for violations of s. 112.3215. 1518 (e) The President of the Senate or the Speaker of the House 1519 of Representatives, whichever is applicable, in any case 1520 concerning a former member of the Legislature who has violated a 1521 provision applicable to former members or whose violation 1522 occurred while a member of the Legislature. 1523 (9) In addition to reporting its findings to the proper 1524 disciplinary body or official, the commission shall report these 1525 findings to the state attorney or any other appropriate official 1526 or agency having authority to initiate prosecution when 1527 violation of criminal law is indicated. 1528 (10) Notwithstanding the foregoing procedures of this 1529 section, a sworn complaint against any member or employee of the 1530 Commission on Ethics for violation of this part or of s. 8, Art. 1531 II of the State Constitution shall be filed with the President 1532 of the Senate and the Speaker of the House of Representatives. 1533 Each presiding officer shall, after determining that there are 1534 sufficient grounds for review, appoint three members of their 1535 respective bodies to a special joint committee who shall 1536 investigate the complaint. The members shall elect a chair from 1537 among their number. If the special joint committee finds 1538 insufficient evidence to establish probable cause to believe a 1539 violation of this part or of s. 8, Art. II of the State 1540 Constitution has occurred, it shall dismiss the complaint. If, 1541 upon completion of its preliminary investigation, the committee 1542 finds sufficient evidence to establish probable cause to believe 1543 a violation has occurred, the chair thereof shall transmit such 1544 findings to the Governor who shall convene a meeting of the 1545 Governor, the President of the Senate, the Speaker of the House 1546 of Representatives, and the Chief Justice of the Supreme Court 1547 to take such final action on the complaint as they shall deem 1548 appropriate, consistent with the penalty provisions of this 1549 part. Upon request of a majority of the Governor, the President 1550 of the Senate, the Speaker of the House of Representatives, and 1551 the Chief Justice of the Supreme Court, the special joint 1552 committee shall submit a recommendation as to what penalty, if 1553 any, should be imposed. 1554 (11)(a) Notwithstanding subsections (1)-(8), the commission 1555 shall dismiss any complaint or referral at any stage of 1556 disposition should it determine that the violation that is 1557 alleged or has occurred is a de minimis violation attributable 1558 to inadvertent or unintentional error. In determining whether a 1559 violation was de minimis, the commission shall consider whether 1560 the interests of the public were protected despite the 1561 violation. This subsection does not apply to complaints or 1562 referrals pursuant to ss. 112.3144 and 112.3145. 1563 (b) For the purposes of this subsection, a de minimis 1564 violation is any violation that is unintentional and not 1565 material in nature. 1566 (12)(11)Notwithstanding the provisions of subsections (1) 1567 (8), the commission may, at its discretion, dismiss any 1568 complaint or referral at any stage of disposition should it 1569 determine that the public interest would not be served by 1570 proceeding further, in which case the commission shall issue a 1571 public report stating with particularity its reasons for the 1572 dismissal. 1573 Section 18. For the purpose of incorporating the amendment 1574 made by this act to section 112.3143, Florida Statutes, in a 1575 reference thereto, subsection (1) of section 120.665, Florida 1576 Statutes, is reenacted to read: 1577 120.665 Disqualification of agency personnel.— 1578 (1) Notwithstanding the provisions of s. 112.3143, any 1579 individual serving alone or with others as an agency head may be 1580 disqualified from serving in an agency proceeding for bias, 1581 prejudice, or interest when any party to the agency proceeding 1582 shows just cause by a suggestion filed within a reasonable 1583 period of time prior to the agency proceeding. If the 1584 disqualified individual was appointed, the appointing power may 1585 appoint a substitute to serve in the matter from which the 1586 individual is disqualified. If the individual is an elected 1587 official, the Governor may appoint a substitute to serve in the 1588 matter from which the individual is disqualified. However, if a 1589 quorum remains after the individual is disqualified, it shall 1590 not be necessary to appoint a substitute. 1591 Section 19. For the purpose of incorporating the amendment 1592 made by this act to section 112.3143, Florida Statutes, in a 1593 reference thereto, section 286.012, Florida Statutes, is 1594 reenacted to read: 1595 286.012 Voting requirement at meetings of governmental 1596 bodies.—No member of any state, county, or municipal 1597 governmental board, commission, or agency who is present at any 1598 meeting of any such body at which an official decision, ruling, 1599 or other official act is to be taken or adopted may abstain from 1600 voting in regard to any such decision, ruling, or act; and a 1601 vote shall be recorded or counted for each such member present, 1602 except when, with respect to any such member, there is, or 1603 appears to be, a possible conflict of interest under the 1604 provisions of s. 112.311, s. 112.313, or s. 112.3143. In such 1605 cases, said member shall comply with the disclosure requirements 1606 of s. 112.3143. 1607 Section 20. For the purpose of incorporating the amendment 1608 made by this act to section 112.324, Florida Statutes, in a 1609 reference thereto, section 287.175, Florida Statutes, is 1610 reenacted to read: 1611 287.175 Penalties.—A violation of this part or a rule 1612 adopted hereunder, pursuant to applicable constitutional and 1613 statutory procedures, constitutes misuse of public position as 1614 defined in s. 112.313(6), and is punishable as provided in s. 1615 112.317. The Chief Financial Officer shall report incidents of 1616 suspected misuse to the Commission on Ethics, and the commission 1617 shall investigate possible violations of this part or rules 1618 adopted hereunder when reported by the Chief Financial Officer, 1619 notwithstanding the provisions of s. 112.324. Any violation of 1620 this part or a rule adopted hereunder shall be presumed to have 1621 been committed with wrongful intent, but such presumption is 1622 rebuttable. Nothing in this section is intended to deny rights 1623 provided to career service employees by s. 110.227. 1624 Section 21. Paragraph (c) of subsection (1) of section 1625 288.901, Florida Statutes, is amended to read: 1626 288.901 Enterprise Florida, Inc.— 1627 (1) CREATION.— 1628 (c) The Legislature determines that it is in the public 1629 interest for the members of Enterprise Florida, Inc., board of 1630 directors to be subject to the requirements of ss. 112.3135, 1631 112.3143(2)112.3143, and 112.313, excluding s. 112.313(2), 1632 notwithstanding the fact that the board members are not public 1633 officers or employees. For purposes of those sections, the board 1634 members shall be considered to be public officers or employees. 1635 The exemption set forth in s. 112.313(12) for advisory boards 1636 applies to the members of Enterprise Florida, Inc., board of 1637 directors. Further, each member of the board of directors who is 1638 not otherwise required to file financial disclosures pursuant to 1639 s. 8, Art. II of the State Constitution or s. 112.3144, shall 1640 file disclosure of financial interests pursuant to s. 112.3145. 1641 Section 22. Subsection (1) of section 445.007, Florida 1642 Statutes, is reenacted for the purpose of incorporating the 1643 amendment made by this act to section 112.3143, Florida 1644 Statutes, in a reference thereto, and subsection (11) of that 1645 section is amended, to read: 1646 445.007 Regional workforce boards.— 1647 (1) One regional workforce board shall be appointed in each 1648 designated service delivery area and shall serve as the local 1649 workforce investment board pursuant to Pub. L. No. 105-220. The 1650 membership of the board shall be consistent with Pub. L. No. 1651 105-220, Title I, s. 117(b) but may not exceed the minimum 1652 membership required in Pub. L. No. 105-220, Title I, s. 1653 117(b)(2)(A) and in this subsection. Upon approval by the 1654 Governor, the chief elected official may appoint additional 1655 members above the limit set by this subsection. If a public 1656 education or training provider is represented on the board, a 1657 representative of a private nonprofit provider and a 1658 representative of a private for-profit provider must also be 1659 appointed to the board. The board shall include one nonvoting 1660 representative from a military installation if a military 1661 installation is located within the region and the appropriate 1662 military command or organization authorizes such representation. 1663 It is the intent of the Legislature that membership of a 1664 regional workforce board include persons who are current or 1665 former recipients of welfare transition assistance as defined in 1666 s. 445.002(2) or workforce services as provided in s. 445.009(1) 1667 or that such persons be included as ex officio members of the 1668 board or of committees organized by the board. The importance of 1669 minority and gender representation shall be considered when 1670 making appointments to the board. The board, its committees, 1671 subcommittees, and subdivisions, and other units of the 1672 workforce system, including units that may consist in whole or 1673 in part of local governmental units, may use any method of 1674 telecommunications to conduct meetings, including establishing a 1675 quorum through telecommunications, provided that the public is 1676 given proper notice of the telecommunications meeting and 1677 reasonable access to observe and, when appropriate, participate. 1678 Regional workforce boards are subject to chapters 119 and 286 1679 and s. 24, Art. I of the State Constitution. If the regional 1680 workforce board enters into a contract with an organization or 1681 individual represented on the board of directors, the contract 1682 must be approved by a two-thirds vote of the board, a quorum 1683 having been established, and the board member who could benefit 1684 financially from the transaction must abstain from voting on the 1685 contract. A board member must disclose any such conflict in a 1686 manner that is consistent with the procedures outlined in s. 1687 112.3143. Each member of a regional workforce board who is not 1688 otherwise required to file a full and public disclosure of 1689 financial interests pursuant to s. 8, Art. II of the State 1690 Constitution or s. 112.3144 shall file a statement of financial 1691 interests pursuant to s. 112.3145. The executive director or 1692 designated person responsible for the operational and 1693 administrative functions of the regional workforce board who is 1694 not otherwise required to file a full and public disclosure of 1695 financial interests pursuant to s. 8, Art. II of the State 1696 Constitution or s. 112.3144 shall file a statement of financial 1697 interests pursuant to s. 112.3145. 1698 (11) To increase transparency and accountability, a 1699 regional workforce board must comply with the requirements of 1700 this section before contracting with a member of the board or a 1701 relative, as defined in s. 112.3143(1)(c)112.3143(1)(b), of a 1702 board member or of an employee of the board. Such contracts may 1703 not be executed before or without the approval of Workforce 1704 Florida, Inc. Such contracts, as well as documentation 1705 demonstrating adherence to this section as specified by 1706 Workforce Florida, Inc., must be submitted to the Department of 1707 Economic Opportunity for review and recommendation according to 1708 criteria to be determined by Workforce Florida, Inc. Such a 1709 contract must be approved by a two-thirds vote of the board, a 1710 quorum having been established; all conflicts of interest must 1711 be disclosed before the vote; and any member who may benefit 1712 from the contract, or whose relative may benefit from the 1713 contract, must abstain from the vote. A contract under $25,000 1714 between a regional workforce board and a member of that board or 1715 between a relative, as defined in s. 112.3143(1)(c) 1716112.3143(1)(b), of a board member or of an employee of the board 1717 is not required to have the prior approval of Workforce Florida, 1718 Inc., but must be approved by a two-thirds vote of the board, a 1719 quorum having been established, and must be reported to the 1720 Department of Economic Opportunity and Workforce Florida, Inc., 1721 within 30 days after approval. If a contract cannot be approved 1722 by Workforce Florida, Inc., a review of the decision to 1723 disapprove the contract may be requested by the regional 1724 workforce board or other parties to the disapproved contract. 1725 Section 23. For the purpose of incorporating the amendment 1726 made by this act to section 112.3143, Florida Statutes, in a 1727 reference thereto, paragraph (m) of subsection (5) of section 1728 627.311, Florida Statutes, is reenacted to read: 1729 627.311 Joint underwriters and joint reinsurers; public 1730 records and public meetings exemptions.— 1731 (5) 1732 (m) Senior managers and officers, as defined in the plan of 1733 operation, and members of the board of governors are subject to 1734 the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145, 1735 112.316, and 112.317. Senior managers, officers, and board 1736 members are also required to file such disclosures with the 1737 Commission on Ethics and the Office of Insurance Regulation. The 1738 executive director of the plan or his or her designee shall 1739 notify each newly appointed and existing appointed member of the 1740 board of governors, senior manager, and officer of his or her 1741 duty to comply with the reporting requirements of s. 112.3145. 1742 At least quarterly, the executive director of the plan or his or 1743 her designee shall submit to the Commission on Ethics a list of 1744 names of the senior managers, officers, and members of the board 1745 of governors who are subject to the public disclosure 1746 requirements under s. 112.3145. Notwithstanding s. 112.313, an 1747 employee, officer, owner, or director of an insurance agency, 1748 insurance company, or other insurance entity may be a member of 1749 the board of governors unless such employee, officer, owner, or 1750 director of an insurance agency, insurance company, other 1751 insurance entity, or an affiliate provides policy issuance, 1752 policy administration, underwriting, claims handling, or payroll 1753 audit services. Notwithstanding s. 112.3143, such board member 1754 may not participate in or vote on a matter if the insurance 1755 agency, insurance company, or other insurance entity would 1756 obtain a special or unique benefit that would not apply to other 1757 similarly situated insurance entities. 1758 Section 24. For the purpose of incorporating the amendment 1759 made to this act to section 112.3143, Florida Statutes, in a 1760 reference thereto, paragraph (d) of subsection (6) of section 1761 627.351, Florida Statutes, is reenacted to read: 1762 627.351 Insurance risk apportionment plans.— 1763 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 1764 (d)1. All prospective employees for senior management 1765 positions, as defined by the plan of operation, are subject to 1766 background checks as a prerequisite for employment. The office 1767 shall conduct the background checks pursuant to ss. 624.34, 1768 624.404(3), and 628.261. 1769 2. On or before July 1 of each year, employees of the 1770 corporation must sign and submit a statement attesting that they 1771 do not have a conflict of interest, as defined in part III of 1772 chapter 112. As a condition of employment, all prospective 1773 employees must sign and submit to the corporation a conflict-of 1774 interest statement. 1775 3. Senior managers and members of the board of governors 1776 are subject to part III of chapter 112, including, but not 1777 limited to, the code of ethics and public disclosure and 1778 reporting of financial interests, pursuant to s. 112.3145. 1779 Notwithstanding s. 112.3143(2), a board member may not vote on 1780 any measure that would inure to his or her special private gain 1781 or loss; that he or she knows would inure to the special private 1782 gain or loss of any principal by whom he or she is retained or 1783 to the parent organization or subsidiary of a corporate 1784 principal by which he or she is retained, other than an agency 1785 as defined in s. 112.312; or that he or she knows would inure to 1786 the special private gain or loss of a relative or business 1787 associate of the public officer. Before the vote is taken, such 1788 member shall publicly state to the assembly the nature of his or 1789 her interest in the matter from which he or she is abstaining 1790 from voting and, within 15 days after the vote occurs, disclose 1791 the nature of his or her interest as a public record in a 1792 memorandum filed with the person responsible for recording the 1793 minutes of the meeting, who shall incorporate the memorandum in 1794 the minutes. Senior managers and board members are also required 1795 to file such disclosures with the Commission on Ethics and the 1796 Office of Insurance Regulation. The executive director of the 1797 corporation or his or her designee shall notify each existing 1798 and newly appointed member of the board of governors and senior 1799 managers of their duty to comply with the reporting requirements 1800 of part III of chapter 112. At least quarterly, the executive 1801 director or his or her designee shall submit to the Commission 1802 on Ethics a list of names of the senior managers and members of 1803 the board of governors who are subject to the public disclosure 1804 requirements under s. 112.3145. 1805 4. Notwithstanding s. 112.3148 or s. 112.3149, or any other 1806 provision of law, an employee or board member may not knowingly 1807 accept, directly or indirectly, any gift or expenditure from a 1808 person or entity, or an employee or representative of such 1809 person or entity, which has a contractual relationship with the 1810 corporation or who is under consideration for a contract. An 1811 employee or board member who fails to comply with subparagraph 1812 3. or this subparagraph is subject to penalties provided under 1813 ss. 112.317 and 112.3173. 1814 5. Any senior manager of the corporation who is employed on 1815 or after January 1, 2007, regardless of the date of hire, who 1816 subsequently retires or terminates employment is prohibited from 1817 representing another person or entity before the corporation for 1818 2 years after retirement or termination of employment from the 1819 corporation. 1820 6. Any senior manager of the corporation who is employed on 1821 or after January 1, 2007, regardless of the date of hire, who 1822 subsequently retires or terminates employment is prohibited from 1823 having any employment or contractual relationship for 2 years 1824 with an insurer that has entered into a take-out bonus agreement 1825 with the corporation. 1826 Section 25. This act shall take effect upon becoming a law.