Bill Text: FL S0304 | 2012 | Regular Session | Introduced
Bill Title: Governmental Ethics
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Rules Subcommittee on Ethics and Elections [S0304 Detail]
Download: Florida-2012-S0304-Introduced.html
Florida Senate - 2012 SB 304 By Senator Fasano 11-00094-12 2012304__ 1 A bill to be entitled 2 An act relating to governmental ethics; amending s. 3 112.312, F.S.; revising definitions; amending s. 4 112.313, F.S.; requiring that all disclosures 5 otherwise required by law be made in writing on forms 6 prescribed by the Commission on Ethics; providing that 7 a public officer may not act in such a way that 8 suggests that the officer can be improperly influenced 9 by that person when the public officer is performing 10 his or her official duties; amending s. 112.3135, 11 F.S.; providing penalties if a public official makes a 12 prohibited appointment, employment, promotion, or 13 advancement decision; creating s. 112.3142, F.S., 14 pertaining to the establishment of qualified blind 15 trusts for public officials; providing legislative 16 findings and intent; defining terms; providing that if 17 a covered public official holds an economic interest 18 in a qualified blind trust, he or she does not have a 19 conflict of interest that would otherwise be 20 prohibited by law; prohibiting a covered public 21 official from attempting to influence or exercise any 22 control over decisions regarding the management of 23 assets in a qualified blind trust; prohibiting direct 24 or indirect communication between the covered public 25 official or any person having a beneficial interest in 26 the blind trust and the trustee; providing exemptions; 27 requiring a covered public official to report as an 28 asset on his or her financial disclosure forms the 29 beneficial interest, and its value if required, which 30 he or she has in the trust; specifying the required 31 elements necessary to establish a qualified blind 32 trust; specifying the required elements necessary to 33 be a trustee; specifying the required elements in the 34 trust agreement; providing that the trust is not 35 effective unless approved by the Commission on Ethics; 36 requiring that the trustee and the official observe 37 the obligations of the trust agreement; providing that 38 the trust contain only readily marketable assets; 39 requiring that the trust agreement be filed with the 40 commission within a specified time; providing for the 41 filing of an amendment to a financial disclosure 42 statement of a covered public official in specified 43 circumstances; amending s. 112.3143, F.S.; defining 44 the term “principal”; requiring a state public officer 45 holding an elected or appointed office to publicly 46 state the nature of all of the officer’s interests, 47 and all of the interests of his or her principals, 48 relatives, or business associates which are known to 49 him or her, in the matter from which the officer is 50 abstaining from voting; requiring the officer to file 51 documents within 15 days after a vote occurs which 52 disclose the nature of all of the officer’s interests 53 as a public record; providing an exemption for certain 54 specified officers; amending s. 112.3144, F.S.; 55 requiring a candidate for a local office who has filed 56 a full and public disclosure of financial interests 57 when qualifying as a candidate to file a copy of that 58 disclosure, instead of filing a second original 59 disclosure, with the commission; amending s. 112.3145, 60 F.S.; revising definitions of the terms “local 61 officer” and “specified state employee”; requiring a 62 candidate for a state office who has filed a full and 63 public disclosure of financial interests when 64 qualifying as a candidate to file a copy of that 65 disclosure, instead of filing a second original 66 disclosure, with the commission; amending s. 112.3148, 67 F.S.; revising definitions and defining the term 68 “vendor”; prohibiting a reporting individual or 69 procurement employee from soliciting or accepting a 70 gift in excess of a certain value from a vendor; 71 requiring each reporting individual or procurement 72 employee to file a statement with the commission by a 73 specified date containing a list of gifts that he or 74 she believes to have a value in excess of a stated 75 amount; providing exceptions; specifying the contents 76 of the gift report; amending s. 112.3149, F.S.; 77 defining the term “vendor”; prohibiting a reporting 78 individual or procurement employee from knowingly 79 accepting an honorarium from a vendor doing business 80 with the reporting individual’s or procurement 81 employee’s agency; prohibiting the vendor from giving 82 an honorarium to the reporting individual or 83 procurement employee; amending s. 112.317, F.S.; 84 raising the civil penalties that may be imposed for 85 violations of ch. 112, F.S., from $10,000 to $100,000; 86 providing that a person who knowingly fails to file 87 the required disclosure of documents by a specified 88 date commits a misdemeanor of the first degree; 89 providing criminal penalties; providing that a person 90 who files a complaint with actual malice against a 91 public officer is liable for costs and attorney’s 92 fees; amending s. 112.3215, F.S.; providing that a 93 person who is required to register as a lobbyist with 94 the executive branch or the Constitution Revision 95 Commission or to provide information on a report 96 required by the Commission on Ethics but who fails to 97 disclose a material fact or provides false information 98 commits a noncriminal infraction; providing a fine for 99 such infraction; amending s. 112.324, F.S.; providing 100 procedures for investigations of complaints filed with 101 the commission; amending ss. 310.151 and 411.01, F.S.; 102 conforming cross-references; providing an effective 103 date. 104 105 Be It Enacted by the Legislature of the State of Florida: 106 107 Section 1. Subsections (5) and (6) of section 112.312, 108 Florida Statutes, are amended to read: 109 112.312 Definitions.—As used in this part and for purposes 110 of the provisions of s. 8, Art. II of the State Constitution, 111 unless the context otherwise requires: 112 (5) “Business entity” means any corporation, company, 113 partnership, limited partnership, proprietorship, firm, 114 enterprise, franchise, association, self-employed individual, or 115 trust, whether fictitiously named or not, doing business in this 116 state. 117 (6) “Candidate” means any person who has filed a statement 118 of financial interest and qualification papers, has subscribed 119 to the candidate’s oath as required by s. 99.021 or s. 105.031, 120 and seeks by election to become a public officer. This 121 definition expressly excludes a committeeman or committeewoman 122 regulated by chapter 103 and persons seeking any other office or 123 position in a political party. 124 Section 2. Subsection (12) of section 112.313, Florida 125 Statutes, is amended, and subsection (18) is added to that 126 section, to read: 127 112.313 Standards of conduct for public officers, employees 128 of agencies, and local government attorneys.— 129 (12) EXEMPTION.—The requirements of subsections (3) and 130 (7), as they pertain to persons serving on advisory boards, may 131 be waived in a particular instance by the body thatwhich132 appointed the person to the advisory board,upon a full 133 disclosure of the transaction or relationship to the appointing 134 body beforepriortothe waiver and an affirmative vote in favor 135 of waiver by a two-thirds vote of that body. If theIn instances136in whichappointment to the advisory board is made by an 137 individual, the waiver may be effected, after a public hearing, 138 by a determination by the appointing person and a full 139 disclosure of the transaction or relationship by the appointee 140 to the appointing person. In addition, anoperson may notshall141 be held in violation of subsection (3) or subsection (7) if: 142 (a) Within a municipalitycityor county, the business is 143 transacted under a rotation system whereby the business 144 transactions are rotated among all qualified suppliers of the 145 goods or services within the municipalitycityor county. 146 (b) The business is awarded under a system of sealed, 147 competitive bidding to the lowest or best bidder and: 148 1. The official or the official’s spouse or child has not 149in no wayparticipated in the determination of the bid 150 specifications or the determination of the lowest or best 151 bidder; 152 2. The official or the official’s spouse or child has not 153in no wayused or attempted to use the official’s influence to 154 persuade the agency or any personnel thereof to enter sucha155 contract other than by the mere submission of the bid; and 156 3. The official, beforeprior toor at the time of the 157 submission of the bid,hasfiled a statement with the Commission 158 on Ethics, if the official is a state officer or employee, or 159 with the supervisor of elections of the county in which the 160 agency has its principal office, if the official is an officer 161 or employee of a political subdivision, disclosing the 162 official’s interest, or the interest of the official’s spouse or 163 child, and the nature of the intended business. 164 (c) The purchase or sale is for legal advertising in a 165 newspaper, for any utilities service, or for passage on a common 166 carrier. 167 (d) An emergency purchase or contract thatwhichwould 168 otherwise violatea provision ofsubsection (3) or subsection 169 (7) must be made in order to protect the health, safety, or 170 welfare of residentsthe citizensof the state or any political 171 subdivision thereof. 172 (e) The business entity involved is the only source of 173 supply within the political subdivision of the officer or 174 employee and there is full disclosure by the officer or employee 175 of his or her interest in the business entity to the governing 176 body of the political subdivision beforeprior tothe purchase, 177 rental, sale, leasing, or other business isbeingtransacted. 178 (f) The total amount of the transactions in the aggregate 179 between the business entity and the agency does not exceed $500 180 per calendar year. 181 (g) The fact that a county or municipal officer or member 182 of a public board or body, including a district school officer 183 or an officer of any district within a county, is a stockholder, 184 officer, or director of a bank doeswillnot bar such bank from 185 qualifying as a depository of fundscomingunder the 186 jurisdiction of any such public board or body if, providedit 187 appears in the records of the agency that the governing body of 188 the agency has determined that such officer or memberof a189public board or bodyhas not favored such bank over other 190 qualified banks. 191 (h) The transaction is made pursuant to s. 1004.22 or s. 192 1004.23 and is specifically approved by the president and the 193 chair of the university board of trustees. The chair of the 194 university board of trustees shall annually submit to the 195 Governor and the Legislature by March 1of each yeara report of 196 the transactions approved pursuant to this paragraph during the 197 preceding year. 198 (i) The public officer or employee purchases in a private 199 capacity goods or services, at a price and upon terms available 200 to similarly situated members of the general public, from a 201 business entity thatwhichis doing business with his or her 202 agency. 203 (j) The public officer or employee in a private capacity 204 purchases goods or services from a business entity thatwhichis 205 subject to the regulation of his or her agency and: 206 1. The price and terms of the transaction are available to 207 similarly situated members of the general public; and 208 2. The officer or employee makes full disclosure of the 209 relationship to the agency head or governing body beforeprior210tothe transaction. 211 212 All disclosures required by this subsection must be made in 213 writing on forms prescribed by the commission as provided in s. 214 112.3147. 215 (18) PUBLIC OFFICERS.—A public officer or employee of an 216 agency may not knowingly, or with reason to know, act in a 217 manner that would cause a reasonable person, having knowledge of 218 the relevant circumstances, to conclude that a person can 219 improperly influence the officer or employee or unduly enjoy his 220 or her favor in the performance of his or her official duties, 221 or that the officer or employee is likely to act or fail to act 222 as a result of kinship, rank, position, or undue influence of 223 any party or person. It is unreasonable to so conclude if the 224 officer or employee has disclosed in writing to his or her 225 appointing authority or, if no appointing authority exists, 226 publically discloses the facts that would otherwise lead to such 227 a conclusion. 228 Section 3. Subsection (2) of section 112.3135, Florida 229 Statutes, is amended to read: 230 112.3135 Restriction on employment of relatives.— 231 (2)(a)A public official may not appoint, employ, promote, 232 or advance, or advocate for the appointment, employment, 233 promotion, or advancement, in or to a position in the agency in 234 which the official is serving or over which the official, or the 235 collegial body of which the official is a member, exercises 236 jurisdiction or control any individual who is a relative of the 237 public official. An individual may not be appointed, employed, 238 promoted, or advanced in or to a position in an agency if such 239 appointment, employment, promotion, or advancement has been 240 advocated by a public official, serving in or exercising 241 jurisdiction or control over the agency, who is a relative of 242 the individual or if such appointment, employment, promotion, or 243 advancement is made by a collegial body of which a relative of 244 the individual is a member. 245 (a) If a prohibited appointment, employment, promotion, or 246 advancement occurs, both the public official and the individual 247 are subject to penalties under s. 112.317. However, if the 248 appointment, employment, promotion, or advancement is made by 249 the collegial body of which the public official is a member 250 without the public official’s participation, only the individual 251 is subject to penalties under s. 112.317.However,252 (b) This subsection doesshallnot apply to: 253 1. Appointments to boards other than those with land 254 planning or zoning responsibilities inthosemunicipalities that 255 have a population of fewerwithlessthan 35,000population. 256This subsection does not apply to257 2. Persons serving in a volunteer capacity who provide 258 emergency medical, firefighting, or police services. Such 259 persons may receive, without losing their volunteer status, 260 reimbursements for the costs of any training they get relating 261 to the provision of such volunteeremergency medical,262firefighting, or policeservices and payment for any incidental 263 expenses relating to thethoseservicesthatthey provide. 264 (c)(b)Mere approval of budgets isshallnotbesufficient 265 to constitute “jurisdiction or control” for the purposes of this 266 subsectionsection. 267 Section 4. Section 112.3142, Florida Statutes, is created 268 to read: 269 112.3142 Qualified blind trusts.— 270 (1) The Legislature finds that if a public official creates 271 a trust and if the public official does not know the identity of 272 the financial interests held by the trust and does not control 273 the interests held by the trust, his or her official actions 274 will not be influenced or appear to be influenced by private 275 considerations. Thus, it is the intent of the Legislature that 276 the public policy goal of this state, which is to be achieved 277 through reliance on a blind trust, be an actual “blindness” or 278 lack of knowledge or control by the official with respect to the 279 interests held in trust. 280 (2) As used in this section, the term: 281 (a) “Cabinet” has the same meaning as in s. 20.03. 282 (b) “Commission” means the Commission on Ethics. 283 (c) “Covered public official” means the Governor, the 284 Lieutenant Governor, or a member of the Cabinet. 285 (3) If a covered public official holds an economic interest 286 in a qualified blind trust as described in this section, he or 287 she does not have a conflict of interest prohibited under s. 288 112.313(3) or (7) or a voting conflict of interest under s. 289 112.3143 with regard to matters pertaining to that economic 290 interest. 291 (4) Except as otherwise provided in this section, the 292 covered public official may not attempt to influence or exercise 293 any control over decisions regarding the management of assets in 294 a qualified blind trust. The covered public official and each 295 person having a beneficial interest in the qualified blind trust 296 may not make any effort to obtain information with respect to 297 the holdings of the trust, including obtaining a copy of any 298 trust tax return filed or any information relating thereto, 299 except as otherwise provided in this section. 300 (5) Except for communications that consist solely of 301 requests for distributions of cash or other unspecified assets 302 of the trust, direct or indirect communication with respect to 303 the trust may not occur between the covered public official or 304 any person having a beneficial interest in the qualified blind 305 trust and the trustee unless such communication is in writing 306 and unless it relates only to: 307 (a) A request for a distribution from the trust which does 308 not specify whether the distribution is to be made in cash or in 309 kind; 310 (b) The general financial interests and needs of the 311 covered public official or interested person, including an 312 interest in maximizing income or long-term capital gain; 313 (c) The notification of the trustee of a law or regulation 314 subsequently applicable to the covered public official which 315 prohibits the covered official from holding an asset and which 316 notification directs that such asset not be held by the trust; 317 or 318 (d) Directions to the trustee to sell all of an asset 319 initially placed in the trust by the covered public official 320 which, in the determination of the covered public official, 321 creates a conflict of interest or the appearance thereof due to 322 the subsequent assumption of duties by the public official. 323 (6) The covered public official shall report the beneficial 324 interest in the qualified blind trust and its value as an asset 325 on his or her financial disclosure forms if value is required to 326 be disclosed. The covered public official shall report the blind 327 trust as a primary source of income on his or her financial 328 disclosure forms and its amount if the amount of income is 329 required to be disclosed. The covered public official is not 330 required to report any source of income to the blind trust as a 331 secondary source of income. 332 (7) In order to constitute a qualified blind trust under 333 this section, the trust must be established by the covered 334 public official and meet the following requirements: 335 (a) The person or entity appointed as trustee must not be: 336 1. The covered public official’s spouse, child, parent, 337 grandparent, grandchild, brother, sister, parent-in-law, 338 brother-in-law, sister-in-law, aunt, uncle, or first cousin, or 339 the spouse of any such person; 340 2. A person who is an elected or appointed public officer 341 or a public employee; or 342 3. A person who has been appointed by the covered public 343 official or by a public officer or public employee supervised by 344 the covered public official to serve in an agency. 345 (b) The trust agreement establishing the trust must: 346 1. Contain a clear statement of its purpose, namely, to 347 remove from the grantor control and knowledge of investment of 348 trust assets so that conflicts between the grantor’s 349 responsibilities as a public official and his or her private 350 interests are eliminated; 351 2. Give the trustee complete discretion to manage the 352 trust, including the power to dispose of and acquire trust 353 assets without consulting or notifying the covered public 354 official or any person having a beneficial interest in the 355 trust; 356 3. Prohibit communication between the trustee and the 357 covered public official and any person having a beneficial 358 interest in the trust concerning the holdings or sources of 359 income of the trust, except amounts of cash value or net income 360 or loss if such report does not identify any asset or holding, 361 and except as provided in this section; 362 4. Provide that the trust tax return is prepared by the 363 trustee or designee and that any information relating thereto is 364 not disclosed to the covered public official or to any other 365 beneficiary, except as provided in this section; 366 5. Permit the trustee to notify the covered public official 367 of the date of disposition and value at disposition of any 368 original investment or interests in real property to the extent 369 required by federal tax law so that the information can be 370 reported on the covered public official’s applicable tax 371 returns; 372 6. Prohibit the trustee from disclosing to the covered 373 public official and any person having a beneficial interest in 374 the trust any information concerning replacement assets to the 375 trust, except for the minimum tax information that lists only 376 the totals of taxable items from the trust and does not describe 377 the source of individual items of income; 378 7. Prohibit the trustee from investing trust assets in 379 business entities that he or she knows are regulated by or do a 380 significant amount of business with the covered public 381 official’s public agency; and 382 8. Provide that the trust is not effective until it is 383 approved by the commission. 384 (c) The obligations of the trustee and the official under 385 the trust agreement must be observed by them. 386 (d) The trust must contain only readily marketable assets. 387 (e) The trust must be approved by the commission if it 388 meets the requirements of this section. 389 (8) A copy of the trust agreement must be filed with the 390 commission within 5 business days after the agreement is 391 executed and include: 392 (a) A listing of the assets placed in the trust; 393 (b) A statement detailing the date the agreement was 394 executed; 395 (c) The name and address of the trustee; and 396 (d) A separate statement signed by the trustee, under 397 penalty of perjury, certifying that he or she will not reveal 398 any information to the covered public official or any person 399 having a beneficial interest in the qualified blind trust, 400 except for information that is authorized under this section, 401 and that, to the best of the trustee’s knowledge, the submitted 402 blind trust agreement complies with this section. 403 (9) If the trust is revoked while the covered public 404 official is a public officer, or if the covered public official 405 learns of any replacement assets that have been added to the 406 trust, the covered public official must file an amendment to his 407 or her most recent financial disclosure statement. The amendment 408 must be filed within 60 days after the date of revocation or the 409 addition of the replacement assets. The covered public official 410 must disclose the previously unreported pro rata share of the 411 trust’s interests in investments or income deriving from any 412 such investments. For purposes of this section, any replaced 413 asset of which the covered public official learns must 414 subsequently be treated as though the asset were an original 415 asset of the trust. 416 Section 5. Section 112.3143, Florida Statutes, is amended 417 to read: 418 112.3143 Voting conflicts.— 419 (1) As used in this section: 420 (a) “Participate” means any attempt, by oral or written 421 communication, by a public officer or at the officer’s direction 422 to influence the decision of an officer, employee, or member of 423 the agency. 424 (b) “Principal” means an individual or entity, other than 425 an agency as defined in s. 112.312, which, for compensation, 426 salary, pay, consideration, or similar thing of value, has 427 permitted or directed another to act for the individual or 428 entity, and includes, but is not limited to, a client, employer, 429 or master, or the parent, subsidiary, or sibling organization of 430 a client, employer, or master. 431 (c)(a)“Public officer” includes any person elected or 432 appointed to hold office in any agency, including any person 433 serving on an advisory body. 434 (d)(b)“Relative” means any father, mother, son, daughter, 435 husband, wife, brother, sister, father-in-law, mother-in-law, 436 son-in-law, or daughter-in-law. 437 (2) ANostate public officer holding an elected office may 438 voteis prohibited from votingin an official capacity on any 439 matter. However, whenany state public officervoting in an 440 official capacity upon any measure thatwhichwould inure to the 441 officer’s special private gain or loss; thatwhichhe or she 442 knows would inure to the special private gain or loss of any 443 principal by whom the officer is retainedor to the parent444organization or subsidiary of a corporate principal by which the445officer is retained; or thatwhichthe officer knows would inure 446 to the special private gain or loss of a relative or business 447 associate of the public officer, the officershall, within 15 448 days after the vote occurs, must disclose the nature of all of 449 his or her interests in the matter and all of the interests of 450 his or her principals, relatives, or business associates which 451 are known to him or herinterestas a public record in a 452 memorandum filed with the person responsible for recording the 453 minutes of the meeting, who shall incorporate the memorandum in 454 the minutes. 455 (3)(a)A state public officer holding an appointive 456 position or aNocounty, municipal, or other local public 457 officer may not:shall458 (a) Vote in an official capacity upon any measure that 459whichwould inure to his or her special private gain or loss; 460 thatwhichhe or she knows would inure to the special private 461 gain or loss of any principal by whom he or she is retainedor462to the parent organization or subsidiary of a corporate463principal by which he or she is retained, other than an agency464as defined in s.112.312(2); or thatwhichhe or she knows would 465 inure to the special private gain or loss of a relative or 466 business associate of the public officer. Such public officer 467shall, beforeprior tothe vote isbeingtaken, must publicly 468 state to the assembly the nature of all of the officer’s 469 interests and all of the interests of his or her principals, 470 relatives, or business associates which are known to him or her 471interestin the matter from which he or she is abstaining from 472 voting and, within 15 days after the vote occurs, disclose the 473 nature of all of his or her interests in the matter and all of 474 the interests of his or her principals, relatives, or business 475 associates which are known to him or her,his or her interestas 476 a public record in a memorandum filed with the person 477 responsible for recording the minutes of the meeting, who shall 478 incorporate the memorandum in the minutes. 479(b) However, a commissioner of a community redevelopment480agency created or designated pursuant to s.163.356or s.481163.357, or an officer of an independent special tax district482elected on a one-acre, one-vote basis, is not prohibited from483voting, when voting in said capacity.484 (b)(4)No appointed public officer shallParticipate in any 485 matter thatwhichwould inure to the officer’s special private 486 gain or loss; thatwhichthe officer knows would inure to the 487 special private gain or loss of any principal by whom he or she 488 is retainedor to the parent organization or subsidiary of a489corporate principal by which he or she is retained; or that 490whichhe or she knows would inure to the special private gain or 491 loss of a relative or business associate of the public officer,492without first disclosing the nature of his or her interest in493the matter. 494 (4) Notwithstanding subsection (3), a commissioner of a 495 community redevelopment agency created or designated pursuant to 496 s. 163.356 or s. 163.357 or an officer of an independent special 497 tax district elected on a one-acre, one-vote basis, is not 498 prohibited from voting in that capacity, but must make the 499 disclosures required under subsection (3). Such officer may not 500 participate in such a measure without first disclosing the 501 nature of his or her interest and those of his or her principal, 502 relative, or business associate in the matter. 503 (a) Such disclosure, indicating the nature of the conflict, 504 mustshallbe made in a written memorandum filed with the person 505 responsible for recording the minutes of the meeting, before 506prior tothe meeting in which consideration of the matter will 507 take place, andshall beincorporated into the minutes. Any such 508 memorandum becomesshall becomea public record upon filing, and 509 mustshallimmediately be provided to the other members of the 510 agency,andshall beread publicly at the next meeting held 511 subsequent to the filing of thethis writtenmemorandum. 512 (b) If theIn the event thatdisclosure has not been made 513 beforeprior tothe meeting or ifthatany conflict is otherwise 514 unknown beforeprior tothe meeting, the disclosure mustshall515 be made orally at the meeting when it becomes known that a 516 conflict exists. A written memorandum disclosing the nature of 517 the conflict mustshall thenbe filed within 15 days after the 518 oral disclosure with the person responsible for recording the 519 minutes of the meeting andshall beincorporated into the 520 minutes of the meeting at which the oral disclosure was made. 521 Any such memorandum becomesshall becomea public record upon 522 filing, and mustshallimmediately be provided to the other 523 members of the agency,andshall beread publicly at the next 524 meeting held subsequent to the filing of thethis written525 memorandum. 526 (5) A public officer, employee of the agency, or local 527 government attorney, knowing that another public officer has a 528 voting conflict of interest as provided under this section, may 529 not aid or assist the public officer in a way that benefits the 530 officer or his or her principal, relative, or business 531 associate. 532(c)For purposes of this subsection, the term “participate”533means any attempt to influence the decision by oral or written534communication, whether made by the officer or at the officer’s535direction.536 (6)(5)IfWhenevera public officer or former public 537 officer is being considered for appointment or reappointment to 538 public office, the appointing body mustshallconsider the 539 number and nature of the memoranda of conflict previously filed 540 under this section by suchsaidofficer. 541 Section 6. Subsection (2) of section 112.3144, Florida 542 Statutes, is amended to read: 543 112.3144 Full and public disclosure of financial 544 interests.— 545 (2) A person who is required, pursuant to s. 8, Art. II of 546 the State Constitution, to file a full and public disclosure of 547 financial interests and who has filed sucha full and public548 disclosureof financial interestsfor any calendar or fiscal 549 year isshallnotberequired to file a statement of financial 550 interests pursuant to s. 112.3145(2) and (3) for the same year 551 or for any part thereof notwithstanding any requirement of this 552 part., except thatA candidate for office who has filed a full 553 and public disclosure of financial interests when qualifying as 554 a candidate before July 1 must file a copy of that disclosure 555 with the commission as the annual disclosure required under this 556 section instead of filing a second original disclosure. A 557 candidate who does not qualify until after the annual full and 558 public disclosure has been filed under this section mustshall559 file a copy of his or her disclosure with the officer before 560 whom he or she qualifies. 561 Section 7. Subsections (1), (2), and (3) of section 562 112.3145, Florida Statutes, are amended to read: 563 112.3145 Disclosure of financial interests and clients 564 represented before agencies.— 565 (1) For purposes of this section, unless the context 566 otherwise requires, the term: 567 (a) “Local officer” means: 568 1. AnyEveryperson who is elected to office in any 569 political subdivision of the state, orand every personwho is 570 appointed to fill a vacancy for an unexpired term in suchan571 elective office. 572 2. Any appointed member of any of the following boards, 573 councils, commissions, authorities, or other bodies of any 574 county, municipality, school district, independent special 575 district, or other political subdivision of the state: 576 a. The governing body of the political subdivision, if 577 appointed; 578b. An expressway authority or transportation authority579established by general law;580 b.c.A community college or junior college district board 581 of trustees; 582 c.d.A board having the power to enforce local code 583 provisions; 584 d.e.A planning or zoning board, board of adjustment, board 585 of appeals, community redevelopment agency board, or other board 586 having the power to recommend, create, or modify land planning 587 or zoning within the political subdivision, except for citizen 588 advisory committees, technical coordinating committees, and such 589 other groups thatwho onlyhave only the power to make 590 recommendations to planning or zoning boards; 591 e.f.A pension board or retirement board having the power 592 to invest pension or retirement funds or the power to make a 593 binding determination of one’s entitlement to or amount of a 594 pension or other retirement benefit; or 595 f.g.Any other appointed member of a local government board 596 who is required to file a statement of financial interests by 597 the appointing authority or the enabling legislation, ordinance, 598 or resolution creating the board. 599 3. Any person holding one or more of the following 600 positions: mayor; county or city manager; chief administrative 601 employee of a county, municipality, or other political 602 subdivision; county or municipal attorney; finance director of a 603 county, municipality, or other political subdivision; chief 604 county or municipal building code inspector; county or municipal 605 water resources coordinator; county or municipal pollution 606 control director; county or municipal environmental control 607 director; county or municipal administrator having the, with608 power to grant or deny a land development permit; chief of 609 police; fire chief; municipal clerk; district school 610 superintendent; community college president; district medical 611 examiner; or purchasing agent having the authority to make any 612 purchase exceeding the threshold amount providedforin s. 613 287.017 for CATEGORY ONE, on behalf of any political subdivision 614 of the state oranyentity thereof. 615 (b) “Specified state employee” means: 616 1. A public counsel created by chapter 350, an assistant 617 state attorney, an assistant public defender, a criminal 618 conflict and civil regional counsel, an assistant criminal 619 conflict and civil regional counsel, a full-time state employee 620 who serves as counsel or assistant counsel to any state agency, 621 the Deputy Chief Judge of Compensation Claims, a judge of 622 compensation claims, an administrative law judge, or a hearing 623 officer. 624 2. Any person employed in the office of the Governor or in 625 the office of any member of the Cabinet if that person is exempt 626 from the Career Service System, except persons employed in 627 clerical, secretarial, or similar positions. 628 3. The State Surgeon General or each appointed secretary, 629 assistant secretary, deputy secretary, executive director, 630 assistant executive director, or deputy executive director of 631 each state department, commission, board, or council; unless 632 otherwise provided, the division director, assistant division 633 director, deputy director, bureau chief, and assistant bureau 634 chief of any state department or division; or any person having 635 the power normally conferred upon such persons, by whatever 636 title. 637 4. The superintendent or institute director of a state 638 mental health institute established for training and research in 639 the mental health field or the warden or director of any major 640 state institution or facility established for corrections, 641 training, treatment, or rehabilitation. 642 5. Business managers, purchasing agents having the power to 643 make any purchase exceeding the threshold amount providedforin 644 s. 287.017 for CATEGORY ONE, finance and accounting directors, 645 personnel officers, or grants coordinators for any state agency. 646 6. Any person, other than a legislative assistant exempted 647 by the presiding officer of the house that employsby whichthe 648 legislative assistantis employed, who is employed in the 649 legislative branch of government, except persons employed in 650 maintenance, clerical, secretarial, or similar positions. 651 7. Each employee of the Commission on Ethics. 652 (c) “State officer” means: 653 1. Any elected public officer, excluding those elected to 654 the United States Senate and House of Representatives, not 655 covered elsewhere in this part and any person who is appointed 656 to fill a vacancy for an unexpired term in suchanelective 657 office. 658 2. An appointed member of each board, commission, 659 authority, or council having statewide jurisdiction, excluding a 660 member of an advisory body. 661 3. A member of the Board of Governors of the State 662 University System or a state university board of trustees, the 663 Chancellor and Vice Chancellors of the State University System, 664 and the president of a state university. 665 4. A member of the judicial nominating commission for any 666 district court of appeal oranyjudicial circuit. 667 (2)(a) A person seeking nomination or election to a state 668 or local elective office mustshallfile a statement of 669 financial interests together with, and at the same time he or 670 she files, qualifying papers. A candidate for office who has 671 filed a statement of financial interests when qualifying as a 672 candidate before July 1 must file a copy of that statement as 673 the annual disclosure required under this section instead of 674 filing a second original statement. A candidate who does not 675 qualify until after the annual statement of financial interests 676 has been filed under this section must file a copy of his or her 677 disclosure with the officer before whom he or she qualifies. 678 (b) Each state or local officer and each specified state 679 employee mustshallfile a statement of financial interests by 680no later thanJuly 1 of each year. Each state officer, local 681 officer, and specified state employee mustshallfile a final 682 statement of financial interests within 60 days after leaving 683 his or her public position for the period between January 1 of 684 the year in which the person leaves and the last day of office 685 or employment, unless within the 60-day period the person takes 686 another public position requiring financial disclosure under 687 this section or s. 8, Art. II of the State Constitution or is 688 otherwiseisrequired to file full and public disclosure or a 689 statement of financial interests for the final disclosure 690 period. Each state or local officer who is appointed and each 691 specified state employee who is employed mustshallfile a 692 statement of financial interests within 30 days afterfromthe 693 date of appointment or, in the case of a specified state 694 employee, afterfromthe date on which the employment begins, 695 except that any person whose appointment is subject to 696 confirmation by the Senate mustshallfile before theprior to697 confirmation hearings or within 30 days afterfromthe date of 698 appointment, whichever occurscomesfirst. 699 (c) State officers and specified state employees mustshall700 file their statements of financial interests with the Commission 701 on Ethics. Local officers mustshallfile their statements of 702 financial interests with the supervisor of elections of the 703 county in which they permanently reside. Local officers who do 704 not permanently reside in any county in the state mustshall705 file their statements of financial interests with the supervisor 706 of elections of the county in which their agency maintains its 707 headquarters. Persons seeking to qualify as candidates for local 708 public office mustshallfile their statements of financial 709 interests with the officer before whom they qualify. 710 (3) The statement of financial interests for state 711 officers, specified state employees, local officers, and persons 712 seeking to qualify as candidates for state or local office must 713shallbe filed even if the reporting person holds no financial 714 interests requiring disclosure, in which case the statement must 715shallbe marked “not applicable.” Otherwise, the statement of 716 financial interests mustshallinclude, at the filer’s option,717either: 718 (a)1. All sources of income in excess of 5 percent of the 719 gross income received during the disclosure period by the person 720 in his or her own name or by any other person for his or her use 721 or benefit, excluding public salary. However, this doesshall722 notbe construed torequire disclosure of a business partner’s 723 sources of income. The person reporting mustshalllist such 724 sources in descending order of value with the largest source 725 first; 726 2. All sources of income to a business entity in excess of 727 10 percent of the gross income of a business entity in which the 728 reporting person held a material interest and from which he or 729 she received an amount thatwhichwas in excess of 10 percent of 730 his or her gross income during the disclosure period and that 731whichexceeds $1,500. The period for computing the gross income 732 of the business entity is the fiscal year of the business entity 733 which ended on, or immediately beforeprior to, the end of the 734 disclosure period of the person reporting; 735 3. The location or description of real property in this 736 state, except for residences and vacation homes, owned directly 737 or indirectly by the person reporting, ifwhensuch person owns 738 in excess of 5 percent of the value of such real property, and a 739 general description of any intangible personal property worth in 740 excess of 10 percent of such person’s total assets. For the 741 purposes of this paragraph, indirect ownership does not include 742 ownership by a spouse or minor child; and 743 4. AnyEveryindividual liability that equals more than the 744 reporting person’s net worth; or 745 (b)1. All sources of gross income in excess of $2,500 746 received during the disclosure period by the person in his or 747 her own name or by any other person for his or her use or 748 benefit, excluding public salary. However, this doesshallnot 749be construed torequire disclosure of a business partner’s 750 sources of income. The person reporting mustshalllist such 751 sources in descending order of value with the largest source 752 first; 753 2. All sources of income to a business entity in excess of 754 10 percent of the gross income of a business entity in which the 755 reporting person held a material interest and from which he or 756 she received gross income exceeding $5,000 during the disclosure 757 period. The period for computing the gross income of the 758 business entity is the fiscal year of the business entity which 759 ended on, or immediately beforeprior to, the end of the 760 disclosure period of the person reporting; 761 3. The location or description of real property in this 762 state, except for residence and vacation homes, owned directly 763 or indirectly by the person reporting, ifwhensuch person owns 764 in excess of 5 percent of the value of such real property, and a 765 general description of any intangible personal property worth in 766 excess of $10,000. For the purpose of this paragraph, indirect 767 ownership does not include ownership by a spouse or minor child; 768 and 769 4. AnyEveryliability in excess of $10,000. 770 771 A person filing a statement of financial interests must indicate 772 on the statement whether he or she is using the method specified 773 in paragraph (a) or in paragraph (b). 774 Section 8. Subsections (2), (3), (4), and (5) of section 775 112.3148, Florida Statutes, are amended to read: 776 112.3148 Reporting and prohibited receipt of gifts by 777 individuals filing full or limited public disclosure of 778 financial interests and by procurement employees.— 779 (2) As used in this section: 780 (a) “Immediate family” means any parent, spouse, child, or 781 sibling. 782 (b)1.“Lobbyist” means aanynatural person who, for 783 compensation, seeks, or sought during the preceding 12 months, 784 to influence the governmental decisionmaking of a reporting 785 individual or procurement employee or his or her agency or 786 seeks, or sought during the preceding 12 months, to encourage 787 the passage, defeat, or modification of aanyproposal or 788 recommendation by the reporting individual or procurement 789 employee or his or her agency. 7902.With respect to an agency that has established by rule, 791 ordinance, or law a registration process for persons seeking to 792 influence decisionmaking or to encourage the passage, defeat, or 793 modification of aanyproposal or recommendation by thesuch794 agency or an employee or official of the agency, the term 795“lobbyist”includes only a person who is required to be 796 registered as a lobbyist in accordance with such rule, 797 ordinance, or law or who was during the preceding 12 months 798 required to be registered as a lobbyist in accordance with such 799 rule, ordinance, or law. At a minimum, sucharegistration 800 system must require the registration of, or must designate, 801 persons as “lobbyists” who engage in the same activities as 802 require registration to lobby the Legislature pursuant to s. 803 11.045. 804 (c) “Person” includes individuals, firms, associations, 805 joint ventures, partnerships, estates, trusts, business trusts, 806 syndicates, fiduciaries, corporations, and all other groups or 807 combinations. 808 (d) “Reporting individual” means ananyindividual, 809 including a candidate upon qualifying, who is required by law, 810 pursuant to s. 8, Art. II of the State Constitution or s. 811 112.3145, to file full or limited public disclosure of his or 812 her financial interests orany individualwho has been elected 813 to, but has yet to officially assume the responsibilities of, 814 public office. For purposes of implementing this section, the 815 “agency” of a reporting individual who is not an officer or 816 employee in public service is the agency to which the candidate 817 seeks election, or in the case of an individual elected to but 818 yet to formally take office, the agency in which the individual 819 has been elected to serve. 820 (e) “Procurement employee” means ananyemployee of an 821 officer, department, board, commission,orcouncil, or agency of 822 the executive branch or judicial branch of state government who 823 during the preceding 12 months participatedparticipatesthrough 824 decision, approval, disapproval, recommendation, preparation of 825 any part of a purchase request, influencing the content of any 826 specification or procurement standard, rendering of advice, 827 investigation, or auditing or in any other advisory capacity in 828 the procurement of contractual services or commodities as 829 defined in s. 287.012, if the cost of such services or 830 commodities is expected to exceed or exceeds $10,000$1,000in 831 any fiscal year. 832 (f) “Vendor” means a business entity doing business 833 directly with an agency, such as renting, leasing, or selling 834 any realty, goods, or services. 835 (3) A reporting individual or procurement employee may not 836 solicitis prohibited from solicitingany gift from a political 837 committee or committee of continuous existence,as defined in s. 838 106.011, from a vendor doing business with the reporting 839 individual’s or procurement employee’s agency, or from a 840 lobbyist who lobbies the reporting individual’s or procurement 841 employee’s agency, or the partner, firm, employer, or principal 842 of such lobbyist, ifwheresuch gift is for the personal benefit 843 of the reporting individual or procurement employee, another 844 reporting individual or procurement employee, or any member of 845 the immediate family of a reporting individual or procurement 846 employee. 847 (4) A reporting individual or procurement employee or any 848 other person on his or her behalf may not knowingly acceptis849prohibited from knowingly accepting, directly or indirectly, a 850 gift from a political committee or committee of continuous 851 existence,as defined in s. 106.011, from a vendor doing 852 business with the reporting individual’s or procurement 853 employee’s agency, or from a lobbyist who lobbies the reporting 854 individual’s or procurement employee’s agency, or directly or 855 indirectly on behalf of the partner, firm, employer, or 856 principal of a lobbyist, if he or she knows or reasonably 857 believes that the gift or gifts have an aggregategift has a858 value in excess of $100 within a calendar year; however, sucha859 gift may be accepted by such person on behalf of a governmental 860 entity or a charitable organization. If the gift is accepted on 861 behalf of a governmental entity or charitable organization, the 862 person receiving the gift mayshallnot maintain custody of the 863 gift for any period of time beyond that reasonably necessary to 864 arrange for the transfer of custody and ownership of the gift. 865 (5)(a) A political committee or a committee of continuous 866 existence,as defined in s. 106.011; a vendor doing business 867 with the reporting individual’s or procurement employee’s 868 agency; a lobbyist who lobbies a reporting individual’s or 869 procurement employee’s agency; the partner, firm, employer, or 870 principal of a lobbyist; or another on behalf of the lobbyist or 871 partner, firm, principal, or employer of the lobbyist may not 872 giveis prohibited from giving,eitherdirectly or indirectly, a 873 gift or gifts that have an aggregatehas avalue in excess of 874 $100 within a calendar year to the reporting individual or 875 procurement employee or any other person on his or her behalf.;876 However, such person may give a gift or gifts having a total 877 value in excess of $100 to a reporting individual or procurement 878 employee if the gifts aregift isintended to be transferred to 879 a governmental entity or a charitable organization. 880 (b)However,A person who is regulated by this subsection, 881 who is not regulated by subsection (6), and who makes, or 882 directs another to make, an individual gift having a value in 883 excess of $25, but not in excess of $100, other than a gift that 884whichthe donor knows will be accepted on behalf of a 885 governmental entity or charitable organization, must file a 886 report on the last day of each calendar quarter,for the 887 previous calendar quarter in which a reportable gift is made. 888 The report mustshallbe filed with the commissionon Ethics, 889 except with respect to gifts to reporting individuals of the 890 legislative branch, in which case the report mustshallbe filed 891 with the Division of Legislative Information Services in the 892 Office of Legislative Services. The report must contain a 893 description of each gift, the monetary value thereof, the name 894 and address of the person making such gift, the name and address 895 of the recipient of the gift, and the date such gift is given. 896 In addition, ifwhena gift is made which requires the filing of 897 a report under this subsection, the donor must notify the 898 intended recipient at the time the gift is made that the donor, 899 or another on his or her behalf, mustwillreport the gift under 900 this subsection. Under this paragraph, a gift need not be 901 reported by more than one person or entity. 902 (c) In addition, each reporting individual or procurement 903 employee must file a statement with the commission, except with 904 respect to a gift to a reporting individual of the legislative 905 branch, in which case the report must be filed with the Division 906 of Legislative Information Services in the Office of Legislative 907 Services, by the last day of each calendar quarter for the 908 previous calendar quarter, containing a list of gifts that he or 909 she believes have a value in excess of $25, if any, accepted by 910 him or her, from a person who is regulated by this subsection, 911 except the following: 912 1. Gifts from relatives. 913 2. Gifts prohibited by subsection (4) or s. 112.313(4). 914 3. Gifts otherwise required to be disclosed by this 915 section. 916 917 The report must contain a description of each gift, the monetary 918 value thereof, the name and address of the person making the 919 gift, the name and address of the recipient of the gift, and the 920 date the gift was given. 921 Section 9. Paragraph (e) of subsection (1) and subsections 922 (3) and (4) of section 112.3149, Florida Statutes, are amended, 923 and paragraph (f) is added to subsection (1) of that section, to 924 read: 925 112.3149 Solicitation and disclosure of honoraria.— 926 (1) As used in this section: 927 (e) “Procurement employee” means ananyemployee of an 928 officer, department, board, commission,orcouncil, or agency of 929 the executive branch or judicial branch of state government who 930 during the preceding 12 months participatedparticipatesthrough 931 decision, approval, disapproval, recommendation, preparation of 932 any part of a purchase request, influencing the content of any 933 specification or procurement standard, rendering of advice, 934 investigation, or auditing or in any other advisory capacity in 935 the procurement of contractual services or commodities as 936 defined in s. 287.012, if the cost of such services or 937 commodities exceeds $10,000$1,000in any fiscal year. 938 (f) “Vendor” means a business entity doing business 939 directly with an agency, such as renting, leasing, or selling 940 any realty, goods, or services. 941 (3) A reporting individual or procurement employee may not 942 knowingly acceptis prohibited from knowingly acceptingan 943 honorarium from a political committee or committee of continuous 944 existence,as defined in s. 106.011, from a vendor doing 945 business with the reporting individual’s or procurement 946 employee’s agency, from a lobbyist who lobbies the reporting 947 individual’s or procurement employee’s agency, or from the 948 employer, principal, partner, or firm of such a lobbyist. 949 (4) A political committee or committee of continuous 950 existence,as defined in s. 106.011, a vendor doing business 951 with the reporting individual’s or the procurement employee’s 952 agency, a lobbyist who lobbies a reporting individual’s or 953 procurement employee’s agency, or the employer, principal, 954 partner, or firm of such a lobbyist may not giveis prohibited955from givingan honorarium to a reporting individual or 956 procurement employee. 957 Section 10. Section 112.317, Florida Statutes, is amended 958 to read: 959 112.317 Penalties.— 960 (1) Violation of any provision of this part, including, but 961 not limited to, theanyfailure to file any disclosures required 962 by this part,orviolation of any standard of conduct imposed by 963 this part, or violation of any provision of s. 8, Art. II of the 964 State Constitution, in addition to any criminal penalty or other 965 civil penalty involved, shall, under applicable constitutional 966 and statutory procedures, constitute grounds for, and may be 967 punished by, one or more of the following: 968 (a) In the case of a public officer: 969 1. Impeachment. 970 2. Removal from office. 971 3. Suspension from office. 972 4. Public censure and reprimand. 973 5. Forfeiture of up tono more thanone-third salary per 974 month for up tono more than12 months. 975 6. A civil penalty of up to $100,000not to exceed $10,000. 976 7. Restitution of any pecuniary benefits received because 977 of the violation committed. The commission may recommend that 978 the restitution penalty be paid to the agency of which the 979 public officer was a member or to the General Revenue Fund. 980 (b) In the case of an employee or a person designated as a 981 public officer by this part who otherwise would be deemed to be 982 an employee: 983 1. Dismissal from employment. 984 2. Suspension from employment for up tonot more than90 985 days without pay. 986 3. Demotion. 987 4. Reduction in salary level. 988 5. Forfeiture of up tono more thanone-third salary per 989 month for up tono more than12 months. 990 6. A civil penalty of up to $100,000not to exceed $10,000. 991 7. Restitution of any pecuniary benefits received because 992 of the violation committed. The commission may recommend that 993 the restitution penalty be paid to the agency ofby whichthe 994 public employeewas employed,or ofwhichthe officer who 995 employed thewas deemed to be anemployee, or to the General 996 Revenue Fund. 997 8. Public censure and reprimand. 998 (c) In the case of a candidate who violates the provisions 999 of this part or s. 8(a) and (i), Art. II of the State 1000 Constitution: 1001 1. Disqualification from being on the ballot. 1002 2. Public censure. 1003 3. Reprimand. 1004 4. A civil penalty of up to $100,000not to exceed $10,000. 1005 (d) In the case of a former public officer or employee who 1006 has violated a provision applicable to former officers or 1007 employees or whose violation occurred before the officer’s or 1008 employee’s leaving public office or employment: 1009 1. Public censure and reprimand. 1010 2. A civil penalty of up to $100,000not to exceed $10,000. 1011 3. Restitution of any pecuniary benefits received because 1012 of the violation committed. The commission may recommend that 1013 the restitution penalty be paid to the agency of the public 1014 officer or employee or to the General Revenue Fund. 1015 (e) In the case of a person who is subject to the standards 1016 of this part, other than a lobbyist or lobbying firm under s. 1017 112.3215 for a violation of s. 112.3215, but who is not a public 1018 officer or employee: 1019 1. Public censure and reprimand. 1020 2. A civil penalty not to exceed $100,000$10,000. 1021 3. Restitution of any pecuniary benefits received because 1022 of the violation committed. The commission may recommend that 1023 the restitution penalty be paid to the agency of the person or 1024 to the General Revenue Fund. 1025 (2) A person who knowingly fails to file a disclosure 1026 required by this part within 90 days after the specified date 1027 commits a misdemeanor of the first degree, punishable as 1028 provided in s. 775.082 or s. 775.083. 1029 (3)(2)In any case in which the commission finds a 1030 violation of this part or of s. 8, Art. II of the State 1031 Constitution and the proper disciplinary official or body under 1032 s. 112.324 imposes a civil penalty or restitution penalty, the 1033 Attorney General shall bring a civil action to recover such 1034 penalty. ANodefense may not be raised in the civil action to 1035 enforce the civil penalty or order of restitution whichthat1036 could have been raised by judicial review of the administrative 1037 findings and recommendations of the commission by certiorari to 1038 the district court of appeal. The Attorney General shall collect 1039 any costs, attorney’s fees, expert witness fees, or other costs 1040 of collection incurred in bringing the action. 1041 (4)(3)The penalties prescribed in this part doshallnot 1042be construed tolimit ortoconflict with: 1043 (a) The power of either house of the Legislature to 1044 discipline its own members or impeach a public officer. 1045 (b) The power of agencies to discipline officers or 1046 employees. 1047 (5)(4)Any violation of this part or of s. 8, Art. II of 1048 the State Constitution by a public officer constitutesshall1049constitutemalfeasance, misfeasance, or neglect of duty in 1050 office within the meaning of s. 7, Art. IV of the State 1051 Constitution. 1052 (6)(5)By order of the Governor, upon recommendation of the 1053 commission, any elected municipal officer who violates any 1054 provision of this part or of s. 8, Art. II of the State 1055 Constitution may be suspended from office and the office filled 1056 by appointment for the period of suspension. The suspended 1057 officer may at any time before removal be reinstated by the 1058 Governor. The Senate may, in proceedings prescribed by law, 1059 remove from office, or reinstate, the suspended officer 1060official, and for such purpose the Senate may be convened in 1061 special session by its President or by a majority of its 1062 membership. 1063 (7)(6)In any case in which the commission finds probable 1064 cause to believe that a complainant has committed perjury in 1065 regard to any document filed with, or any testimony given 1066 before, the commission, it shall refer such evidence to the 1067 appropriate law enforcement agency for prosecution and taxation 1068 of costs. 1069 (8)(7)IfIn any case in whichthe commission determines 1070 that a person has filed a complaint against a public officer or 1071 employee with actual malicea malicious intent to injure the1072reputation of such officer or employee by filing the complaint1073with knowledge that the complaint contains one or more false1074allegations or with reckless disregard for whether the complaint1075contains false allegations of fact material to a violation of1076this part, the complainant isshall beliable for costs plus 1077 reasonable attorney’s fees incurred in the defense of the person 1078 complained against, including the costs and reasonable 1079 attorney’s fees incurred in proving entitlement to and the 1080 amount of costs and fees. If the complainant fails to pay such 1081 costs and fees voluntarily within 30 days following such finding 1082 by the commission, the commission shall forward such information 1083 to the Department of Legal Affairs, which shall bring a civil 1084 actionin a court of competent jurisdictionto recover the 1085 amount of such costs and feesawarded by the commission. 1086 Section 11. Subsection (8) of section 112.3215, Florida 1087 Statutes, is amended, present subsection (14) of that section is 1088 redesignated as subsection (15), and a new subsection (14) is 1089 added to that section, to read: 1090 112.3215 Lobbying before the executive branch or the 1091 Constitution Revision Commission; registration and reporting; 1092 investigation by commission.— 1093 (8)(a) The commission shall investigate every sworn 1094 complaint that is filed with it alleging that a person covered 1095 by this section has failed to register, has failed to submit a 1096 compensation report, has made a prohibited expenditure, or has 1097 knowingly submitted false information in any report or 1098 registration required underinthis section. 1099 (b) All proceedings, the complaint, and other records 1100 relating to the investigation are confidential and exempt from 1101the provisions ofs. 119.07(1) and s. 24(a), Art. I of the State 1102 Constitution, and any meetings held pursuant to an investigation 1103 are exempt fromthe provisions ofs. 286.011(1) and s. 24(b), 1104 Art. I of the State Constitutioneitheruntil the alleged 1105 violator requests in writing that such investigation and 1106 associated records and meetings be made public or until the 1107 commission determines, based on the investigation, whether 1108 probable cause exists to believe that a violation has occurred. 1109 (c) The commission shall investigate any lobbying firm, 1110 lobbyist, principal, agency, officer, or employee upon receipt 1111 of information from a sworn complaint or from a random audit of 1112 lobbying reports indicating a possible violation other than a 1113 late-filed report. 1114 (d)1. Records relating to an audit conducted pursuant to 1115 this section or an investigation conducted pursuant to this 1116 section or s. 112.32155 are confidential and exempt from s. 1117 119.07(1) and s. 24(a), Art. I of the State Constitution. 1118 2. Any portion of a meeting wherein such investigation or 1119 audit is discussed is exempt from s. 286.011 and s. 24(b), Art. 1120 I of the State Constitution. 1121 3. The exemptions no longer apply if the lobbying firm 1122 requests in writing that such investigation and associated 1123 records and meetings be made public or the commission determines 1124 there is probable cause that the audit reflects a violation of 1125 the reporting laws. 1126 (14) Any person who is required to be registered or to 1127 provide information under this section or under rules adopted 1128 pursuant to this section and who knowingly fails to disclose any 1129 material fact that is required by this section or related rules, 1130 or who knowingly provides false information on any report 1131 required by this section or related rules, commits a noncriminal 1132 infraction, punishable by a fine not to exceed $5,000. This fine 1133 is in addition to any other penalty assessed by the Governor and 1134 Cabinet pursuant to subsection (10). 1135 Section 12. Section 112.324, Florida Statutes, is amended 1136 to read: 1137 112.324 Procedures on complaints of violations; public 1138 records and meeting exemptions.— 1139 (1)Upona written complaint executed on a form prescribed1140by the commission and signed under oath or affirmation by any1141person,The commission shall investigate any alleged violation 1142 of this part or any other alleged breach of the public trust 1143 within the jurisdiction of the commission as provided in s. 1144 8(f), Art. II of the State Constitutionin accordance with1145procedures set forthherein. 1146 (a) Such investigation shall commence upon the receipt of: 1147 1. A written complaint executed on a form prescribed by the 1148 commission and signed under oath or affirmation by the 1149 complainant; 1150 2. Reliable and publicly disseminated information that 1151 seven members of the commission deem sufficient to indicate a 1152 breach of the public trust. Commission staff may not undertake a 1153 formal investigation, other than the collection of publicly 1154 disseminated information, before the commission makes a 1155 determination of sufficiency; or 1156 3. A written referral of a possible violation of this part 1157 or other possible breach of the public trust from the Governor, 1158 the Chief Financial Officer, a state attorney, the executive 1159 director of the Department of Law Enforcement, or the statewide 1160 prosecutor, which seven members of the commission deem 1161 sufficient to indicate a breach of the public trust. 1162 (b) Within 5 days after the commission receivesreceipt of1163 a complaint, or after the commission determines that there is a 1164 legally sufficient indication of a breach of the public trust 1165 pursuant to publicly disseminated information or a written 1166 referralby the commission, a copy of the complaint or 1167 determination of sufficiency shall be transmitted to the alleged 1168 violator. 1169 (c) A complaint under this part against a candidate in any 1170 general, special, or primary election may not be filed and any 1171 intention of filing such a complaint may not be disclosed on the 1172 day of such election or within the 5 days immediately preceding 1173 the date of the election. 1174 (2)(a) The complaint and records relating to the complaint 1175 or to any preliminary investigation held by the commission or 1176 its agents, by a Commission on Ethics and Public Trust 1177 established by any county defined in s. 125.011(1) or by any 1178 municipality defined in s. 165.031, or by any county or 1179 municipality that has established a local investigatory process 1180 to enforce more stringent standards of conduct and disclosure 1181 requirements as provided in s. 112.326 are confidential and 1182 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 1183 of the State Constitution. 1184 (b) Any proceeding conducted by the commission, a 1185 Commission on Ethics and Public Trust, or a county or 1186 municipality that has established such local investigatory 1187 process, pursuant to a complaint or preliminary investigation, 1188 is exempt from the provisions of s. 286.011, s. 24(b), Art. I of 1189 the State Constitution, and s. 120.525. 1190 (c) The exemptions in paragraphs (a) and (b) apply until 1191 the complaint is dismissed as legally insufficient, until the 1192 alleged violator requests in writing that such records and 1193 proceedings be made public, or until the commission, a 1194 Commission on Ethics and Public Trust, or a county or 1195 municipality that has established such local investigatory 1196 process determines, based on such investigation, whether 1197 probable cause exists to believe that a violation has occurred. 1198In no event shall a complaint under this part against a1199candidate in any general, special, or primary election be filed1200or any intention of filing such a complaint be disclosed on the1201day of any such election or within the 5 days immediately1202preceding the date of the election.1203 (d) This subsection is subject to the Open Government 1204 Sunset Review Act in accordance with s. 119.15 and shall stand 1205 repealed on October 2, 2015, unless reviewed and saved from 1206 repeal through reenactment by the Legislature. 1207 (3) A preliminary investigation shall be undertaken by the 1208 commission of each legally sufficient complaint or other 1209 indication of a breach of the public trust over which the 1210 commission has jurisdiction to determine whether there is 1211 probable cause to believe that a violation has occurred. 1212 (a) If, upon completion of the preliminary investigation, 1213 the commission finds no probable cause to believe that this part 1214 has been violated or that any other breach of the public trust 1215 has been committed, the commission shall dismiss the complaint 1216 or other determination with the issuance of a public report to 1217 the complainant or referring official and the alleged violator, 1218 stating with particularity its reasons for dismissalof the1219complaint. At that time, the complaint or other alleged breach 1220 of the public trust, and all related materialsrelating to the1221complaintshall become a matter of public record. 1222 (b) If the commission finds from the preliminary 1223 investigation probable cause to believe that this part has been 1224 violated or that any other breach of the public trust has been 1225 committed, it shall so notify the complainant or referring 1226 official and the alleged violator in writing. TheSuch1227 notification and all documents made or received in the 1228 determination of probable causedisposition of the complaint1229 shallthenbecome public records. Upon request submitted to the 1230 commission in writing, any person who the commission finds 1231 probable cause to believe has violated any provision of this 1232 part or has committed any other breach of the public trust is 1233shall beentitled to a public hearing. Such person shall be 1234 deemed to have waived the right to a public hearing if the 1235 request is not received within 14 days following the mailing of 1236 the probable cause notification required by this subsection. 1237 However, the commission may on its own motion, require a public 1238 hearing, may conduct such further investigation as it deems 1239 necessary, and may enter into such stipulations and settlements 1240 as it finds to be just and in the best interest of the state. 1241 The commission is without jurisdiction to, and anorespondent 1242 may not voluntarily or involuntarily, enter into a stipulation 1243 or settlement thatwhichimposes any penalty, including, but not 1244 limited to, a sanction or admonition or any other penalty 1245 contained in s. 112.317. Penalties shall be imposed only by the 1246 appropriate disciplinary authority as designated in this 1247 section. 1248 (4) If, in cases pertaining to members of the Legislature, 1249 upon completion of a full and final investigation by the 1250 commission, the commission finds that there has been a violation 1251 of this part or of any provision of s. 8, Art. II of the State 1252 Constitution, the commission shall forward a copy of the 1253 complaint or referral and its findings by certified mail to the 1254 President of the Senate or the Speaker of the House of 1255 Representatives, whichever is applicable, who shall refer the 1256 mattercomplaintto the appropriate committee for investigation 1257 and action, which shall be governed by the rules of its 1258 respective house.It shall be the duty ofThe committee shallto1259 report its final action upon the mattercomplaintto the 1260 commission within 90 days afterofthe date of transmittal to 1261 the respective house. Upon request of the committee, the 1262 commission shall submit a recommendation as to what penalty, if 1263 any, should be imposed. In the case of a member of the 1264 Legislature, the house in which the member serves is empowered 1265shall have the powerto invoke the penalty provisions of this 1266 part. 1267 (5) If, in casespertaining to complaintsagainst 1268 impeachable officers, upon completion of a full and final 1269 investigation by the commission, the commission finds that there 1270 has been a violation of this part or of any provision of s. 8, 1271 Art. II of the State Constitution, and the commission finds that 1272 the violation may constitute grounds for impeachment, the 1273 commission shall forward a copy of the complaint or referral and 1274 its findings by certified mail to the Speaker of the House of 1275 Representatives, who shall refer the mattercomplaintto the 1276 appropriate committee for investigation and action, which shall 1277 be governed by the rules of the House of Representatives. It is 1278shall bethe duty of the committee to report its final action 1279 upon the mattercomplaintto the commission within 90 days after 1280ofthe date of transmittal. 1281 (6) If the commission finds that there has been a violation 1282 of this part or of any provision of s. 8, Art. II of the State 1283 Constitution by an impeachable officer other than the Governor, 1284 and the commission recommends public censure and reprimand, 1285 forfeiture of a portion of the officer’s salary, a civil 1286 penalty, or restitution, the commission shall report its 1287 findings and recommendation of disciplinary action to the 1288 Governor, who is empoweredshall have the powerto invoke the 1289 penalty provisions of this part. 1290 (7) If the commission finds that there has been a violation 1291 of this part or of any provision of s. 8, Art. II of the State 1292 Constitution by the Governor, and the commission recommends 1293 public censure and reprimand, forfeiture of a portion of the 1294 Governor’s salary, a civil penalty, or restitution, the 1295 commission shall report its findings and recommendation of 1296 disciplinary action to the Attorney General, who is empowered 1297shall have the powerto invoke the penalty provisions of this 1298 part. 1299 (8) If, in casespertaining to complaintsother than 1300complaintsagainst impeachable officers or members of the 1301 Legislature, upon completion of a full and final investigation 1302 by the commission, the commission finds that there has been a 1303 violation of this part or of s. 8, Art. II of the State 1304 Constitution,it shall be the duty ofthe commission shallto1305 report its findings and recommend appropriate action to the 1306 proper disciplinary official or body as follows, and such 1307 official or body mayshall have the power toinvoke the penalty 1308 provisions of this part, including the power to order the 1309 appropriate elections official to remove a candidate from the 1310 ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art. 1311 II of the State Constitution: 1312 (a) The President of the Senate and the Speaker of the 1313 House of Representatives, jointly, in any case concerning the 1314 Public Counsel, members of the Public Service Commission, 1315 members of the Public Service Commission Nominating Council, the 1316 Auditor General, or the director of the Office of Program Policy 1317 Analysis and Government Accountability. 1318 (b) The Supreme Court, in any case concerning an employee 1319 of the judicial branch. 1320 (c) The President of the Senate, in any case concerning an 1321 employee of the Senate; the Speaker of the House of 1322 Representatives, in any case concerning an employee of the House 1323 of Representatives; or the President and the Speaker, jointly, 1324 in any case concerning an employee of a committee of the 1325 Legislature whose members are appointed solely by the President 1326 and the Speaker or in any case concerning an employee of the 1327 Public Counsel, Public Service Commission, Auditor General, or 1328 Office of Program Policy Analysis and Government Accountability. 1329 (d) Except as otherwise provided by this part, the 1330 Governor, in the case of any other public officer, public 1331 employee, former public officer or public employee, candidate or 1332 former candidate, or person who is not a public officer or 1333 employee, other than lobbyists and lobbying firms under s. 1334 112.3215 for violations of s. 112.3215. 1335 (e) The President of the Senate or the Speaker of the House 1336 of Representatives, aswhichever isapplicable, in any case 1337 concerning a former member of the Legislature who has violated a 1338 provision applicable to former members or whose violation 1339 occurred while a member of the Legislature. 1340 (9) In addition to reporting its findings to the proper 1341 disciplinary body or official, the commission shall report these 1342 findings to the state attorney or any other appropriate official 1343 or agency having authority to initiate prosecution if awhen1344 violation of criminal law is indicated. 1345 (10) Notwithstanding the foregoing procedures of this 1346 section, a sworn complaint against any member or employee of the 1347 Commission on Ethics for violation of this part or of s. 8, Art. 1348 II of the State Constitution shall be filed with the President 1349 of the Senate and the Speaker of the House of Representatives. 1350 Each presiding officer shall, after determining that there are 1351 sufficient grounds for review, appoint three members of their 1352 respective bodies to a special joint committee towho shall1353 investigate the complaint. The members shall elect a chair from 1354 among their number. If the special joint committee finds 1355 insufficient evidence to establish probable cause to believe a 1356 violationof this part or of s. 8, Art. II of the State1357Constitutionhas occurred, it shall dismiss the complaint. If, 1358 upon completion of its preliminary investigation, the committee 1359 finds sufficient evidence to establish probable cause to believe 1360 a violation has occurred, the chair thereof shall transmit such 1361 findings to the Governor who shall convene a meeting of the 1362 Governor, the President of the Senate, the Speaker of the House 1363 of Representatives, and the Chief Justice of the Supreme Court 1364 to take such final action on the complaint as they shall deem 1365 appropriate, consistent with the penalty provisions of this 1366 part. Upon request of a majority of the Governor, the President 1367 of the Senate, the Speaker of the House of Representatives, and 1368 the Chief Justice of the Supreme Court, the special joint 1369 committee shall submit a recommendation as to what penalty, if 1370 any, should be imposed. 1371 (11) Notwithstandingthe provisions ofsubsections (1)-(8), 1372 the commission may, at its discretion,dismiss any complaint or 1373 other indication of a breach of the public trust at any stage of 1374 disposition ifshouldit findsdeterminethat the public 1375 interest would not be served by proceeding further, in which 1376 case the commission shall issue a public report stating with 1377 particularity its reasons for the dismissal. 1378 Section 13. Paragraph (c) of subsection (1) of section 1379 310.151, Florida Statutes, is amended to read: 1380 310.151 Rates of pilotage; Pilotage Rate Review Committee.— 1381 (1) 1382 (c) Committee members mustshallcomply with the disclosure 1383 requirements of s. 112.3143(3)112.3143(4)if participating in 1384 any matter that would result in special private gain or loss as 1385 described in that subsection. 1386 Section 14. Paragraph (a) of subsection (5) of section 1387 411.01, Florida Statutes, is amended to read: 1388 411.01 School readiness programs; early learning 1389 coalitions.— 1390 (5) CREATION OF EARLY LEARNING COALITIONS.— 1391 (a) Early learning coalitions.— 1392 1. Each early learning coalition shall maintain direct 1393 enhancement services at the local level and ensure access to 1394 such services in all 67 counties. 1395 2. The Office of Early Learning shall establish the minimum 1396 number of children to be served by each early learning coalition 1397 through the coalition’s school readiness program. The officeof1398Early Learningmay only approve school readiness plans in 1399 accordance with this minimum number. The minimum number must be 1400 uniform for every early learning coalition and must: 1401 a. Permit 31 or fewer coalitions to be established; and 1402 b. Require each coalition to serve at least 2,000 children 1403 based upon the average number of all children served per month 1404 through the coalition’s school readiness program during the 1405 previous 12 months. 1406 3. If an early learning coalition would serve fewer 1407 children than the minimum number established under subparagraph 1408 2., the coalition must merge with another county to form a 1409 multicounty coalition. The Office of Early Learning shall adopt 1410 procedures for merging early learning coalitions, including 1411 procedures for the consolidation of merging coalitions, and for 1412 the early termination of the terms of coalition members which 1413 are necessary to accomplish the mergers. However, the officeof1414Early Learningshall grant a waiver to an early learning 1415 coalition to serve fewer children than the minimum number 1416 established under subparagraph 2., if: 1417 a. The officeof Early Learninghas determined during the 1418 most recent review of the coalition’s school readiness plan, or 1419 through monitoring and performance evaluations conducted under 1420 paragraph (4)(l), that the coalition has substantially 1421 implemented its plan; 1422 b. The coalition demonstrates to the officeof Early1423Learningthe coalition’s ability to effectively and efficiently 1424 implement the Voluntary Prekindergarten Education Program; and 1425 c. The coalition demonstrates to the officeof Early1426Learningthat the coalition can perform its duties in accordance 1427 with law. 1428 1429 If an early learning coalition fails or refuses to merge as 1430 required by this subparagraph, the Office of Early Learning may 1431 dissolve the coalition and temporarily contract with a qualified 1432 entity to continue school readiness and prekindergarten services 1433 in the coalition’s county or multicounty region until the office 1434 reestablishes the coalition and a new school readiness plan is 1435 approved by the office. 1436 4. Each early learning coalition shall be composed of at 1437 least 15 members but not more than 30 members. The Office of 1438 Early Learning shall adopt standards establishing within this 1439 range the minimum and maximum number of members that may be 1440 appointed to an early learning coalition and procedures for 1441 identifying which members have voting privileges under 1442 subparagraph 6. These standards must include variations for a 1443 coalition serving a multicounty region. Each early learning 1444 coalition must comply with these standards. 1445 5. The Governor shall appoint the chair and two other 1446 members of each early learning coalition, who must each meet the 1447 same qualifications as private sector business members appointed 1448 by the coalition under subparagraph 7. 1449 6. Each early learning coalition must include the following 1450 member positions; however, in a multicounty coalition, each ex 1451 officio member position may be filled by multiple nonvoting 1452 members but no more than one voting member shall be seated per 1453 member position. If an early learning coalition has more than 1454 one member representing the same entity, only one of such 1455 members may serve as a voting member: 1456 a. A Department of Children and Family Services circuit 1457 administrator or his or her designee who is authorized to make 1458 decisions on behalf of the department. 1459 b. A district superintendent of schools or his or her 1460 designee who is authorized to make decisions on behalf of the 1461 district. 1462 c. A regional workforce board executive director or his or 1463 her designee. 1464 d. A county health department director or his or her 1465 designee. 1466 e. A children’s services council or juvenile welfare board 1467 chair or executive director, if applicable. 1468 f. An agency head of a local licensing agency as defined in 1469 s. 402.302, where applicable. 1470 g. A president of a community college or his or her 1471 designee. 1472 h. One member appointed by a board of county commissioners 1473 or the governing board of a municipality. 1474 i. A central agency administrator, where applicable. 1475 j. A Head Start director. 1476 k. A representative of private for-profit child care 1477 providers, including private for-profit family day care homes. 1478 l. A representative of faith-based child care providers. 1479 m. A representative of programs for children with 1480 disabilities under the federal Individuals with Disabilities 1481 Education Act. 1482 7. Including the members appointed by the Governor under 1483 subparagraph 5., more than one-third of the members of each 1484 early learning coalition must be private sector business members 1485 who do not have, and none of whose relatives as defined in s. 1486 112.3143 has, a substantial financial interest in the design or 1487 delivery of the Voluntary Prekindergarten Education Program 1488 created under part V of chapter 1002 or the coalition’s school 1489 readiness program. To meet this requirement an early learning 1490 coalition must appoint additional members. The Office of Early 1491 Learning shall establish criteria for appointing private sector 1492 business members. These criteria must include standards for 1493 determining whether a member or relative has a substantial 1494 financial interest in the design or delivery of the Voluntary 1495 Prekindergarten Education Program or the coalition’s school 1496 readiness program. 1497 8. A majority of the voting membership of an early learning 1498 coalition constitutes a quorum required to conduct the business 1499 of the coalition. An early learning coalition board may use any 1500 method of telecommunications to conduct meetings, including 1501 establishing a quorum through telecommunications if, provided1502thatthe public is given proper notice of a telecommunications 1503 meeting and reasonable access to observe and, when appropriate, 1504 participate. 1505 9. A voting member of an early learning coalition may not 1506 appoint a designee to act in his or her place, except as 1507 otherwise provided in this paragraph. A voting member may send a 1508 representative to coalition meetings, but that representative 1509 does not have voting privileges. IfWhena district 1510 administrator for the Department of Children and Family Services 1511 appoints a designee to an early learning coalition, the designee 1512 is the voting member of the coalition, and any individual 1513 attending in the designee’s place, including the district 1514 administrator, does not have voting privileges. 1515 10. Each member of an early learning coalition is subject 1516 to ss. 112.313, 112.3135, and 112.3143. For purposes of s. 1517 112.3143(3)s.112.3143(3)(a), each voting member is a local 1518 public officer who must abstain from voting when a voting 1519 conflict exists. 1520 11. For purposes of tort liability, each member or employee 1521 of an early learning coalition isshall begoverned by s. 1522 768.28. 1523 12. An early learning coalition serving a multicounty 1524 region must include representation from each county. 1525 13. Each early learning coalition shall establish terms for 1526 all appointed members of the coalition. The terms must be 1527 staggered and must be a uniform length that does not exceed 4 1528 years per term. Coalition chairs shall be appointed for 4 years 1529 in conjunction with their membership on the Early Learning 1530 Advisory Council under s. 20.052. Appointed members may serve a 1531 maximum of two consecutive terms. IfWhena vacancy occurs in an 1532 appointed position, the coalition must advertise the vacancy. 1533 Section 15. This act shall take effect July 1, 2012.