Bill Text: FL S1008 | 2019 | Regular Session | Introduced


Bill Title: Ethics

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - Introduced [S1008 Detail]

Download: Florida-2019-S1008-Introduced.html
       Florida Senate - 2019                                    SB 1008
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00370-19                                           20191008__
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.3143, F.S.;
    3         prohibiting a state public officer from voting in an
    4         official capacity on any measure that he or she knows
    5         would inure to the special private gain or loss of
    6         certain principals, parent organizations or
    7         subsidiaries of a corporate principal, relatives, or
    8         business associates of the officer; revising
    9         disclosure requirements applicable to state public
   10         officers in the event of a voting conflict;
   11         prohibiting any public officer from participating in
   12         any matter that would inure to the officer’s special
   13         private gain or loss or that he or she knows would
   14         inure to the special private gain or loss of certain
   15         principals, parent organizations or subsidiaries of a
   16         corporate principal, relatives, or business associates
   17         of the officer; prescribing disclosure requirements;
   18         amending s. 112.317, F.S.; authorizing a person who
   19         has filed a complaint against a public officer or
   20         employee to recover costs and reasonable attorney fees
   21         if he or she prevails against a respondent’s fee
   22         petition; requiring the Commission on Ethics to
   23         forward information regarding a respondent’s failure
   24         to voluntarily pay such costs and fees within a
   25         certain timeframe to the Department of Legal Affairs;
   26         requiring the department to bring a civil action to
   27         recover such costs and fees owed to a complainant;
   28         amending ss. 288.1226, 310.151, 627.351, 1002.33,
   29         1002.333, and 1002.83, F.S.; conforming provisions and
   30         cross-references to changes made by the act;
   31         reenacting ss. 28.35(1)(b), 112.3251, 288.901(1)(c),
   32         288.92(2)(b), and 288.9604(3)(a), F.S., relating to
   33         standards of conduct for public officers, to
   34         incorporate the amendment made to s. 112.3143, F.S.,
   35         in references thereto; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present subsections (3) through (6) of section
   40  112.3143, Florida Statutes, are renumbered as subsections (2)
   41  through (5), respectively, and present subsections (2), (3), and
   42  (4) of that section are amended, to read:
   43         112.3143 Voting conflicts.—
   44         (2)(a) A state public officer may not vote on any matter
   45  that the officer knows would inure to his or her special private
   46  gain or loss. Any state public officer who abstains from voting
   47  in an official capacity upon any measure that the officer knows
   48  would inure to the officer’s special private gain or loss, or
   49  who votes in an official capacity on a measure that he or she
   50  knows would inure to the special private gain or loss of any
   51  principal by whom the officer is retained or to the parent
   52  organization or subsidiary of a corporate principal by which the
   53  officer is retained other than an agency as defined in s.
   54  112.312(2); or which the officer knows would inure to the
   55  special private gain or loss of a relative or business associate
   56  of the public officer, shall make every reasonable effort to
   57  disclose the nature of his or her interest as a public record in
   58  a memorandum filed with the person responsible for recording the
   59  minutes of the meeting, who shall incorporate the memorandum in
   60  the minutes. If it is not possible for the state public officer
   61  to file a memorandum before the vote, the memorandum must be
   62  filed with the person responsible for recording the minutes of
   63  the meeting no later than 15 days after the vote.
   64         (b) A member of the Legislature may satisfy the disclosure
   65  requirements of this section by filing a disclosure form created
   66  pursuant to the rules of the member’s respective house if the
   67  member discloses the information required by this subsection.
   68         (2)(a)(3)(a)A state, No county, municipal, or other local
   69  public officer may not shall vote in an official capacity upon
   70  any measure that which would inure to his or her special private
   71  gain or loss; that which he or she knows would inure to the
   72  special private gain or loss of any principal by whom he or she
   73  is retained or to the parent organization or subsidiary of a
   74  corporate principal by which he or she is retained, other than
   75  an agency as defined in s. 112.312(2); or that which he or she
   76  knows would inure to the special private gain or loss of a
   77  relative or business associate of the public officer. Such
   78  public officer shall, before prior to the vote being taken,
   79  publicly state to the assembly the nature of the officer’s
   80  interest in the matter from which he or she is abstaining from
   81  voting and, within 15 days after the vote occurs, disclose the
   82  nature of his or her interest as a public record in a memorandum
   83  filed with the person responsible for recording the minutes of
   84  the meeting, who shall incorporate the memorandum in the
   85  minutes.
   86         (b) However, a commissioner of a community redevelopment
   87  agency created or designated pursuant to s. 163.356 or s.
   88  163.357, or an officer of an independent special tax district
   89  elected on a one-acre, one-vote basis, is not prohibited from
   90  voting, when voting in said capacity.
   91         (3)(4)A state, county, municipal, or other No appointed
   92  public officer may not shall participate in any matter that
   93  which would inure to the officer’s special private gain or loss;
   94  that which the officer knows would inure to the special private
   95  gain or loss of any principal by whom he or she is retained or
   96  to the parent organization or subsidiary of a corporate
   97  principal by which he or she is retained; or that which he or
   98  she knows would inure to the special private gain or loss of a
   99  relative or business associate of the public officer, without
  100  first disclosing the nature of his or her interest in the
  101  matter.
  102         (a) Such disclosure, indicating the nature of the conflict,
  103  shall be made in a written memorandum filed with the person
  104  responsible for recording the minutes of the meeting, before
  105  prior to the meeting in which consideration of the matter will
  106  take place, and shall be incorporated into the minutes. Any such
  107  memorandum shall become a public record upon filing, shall
  108  immediately be provided to the other members of the agency, and
  109  shall be read publicly at the next meeting held subsequent to
  110  the filing of this written memorandum.
  111         (b) In the event that disclosure has not been made before
  112  prior to the meeting or that any conflict is unknown before
  113  prior to the meeting, the disclosure shall be made orally at the
  114  meeting when it becomes known that a conflict exists. A written
  115  memorandum disclosing the nature of the conflict shall then be
  116  filed within 15 days after the oral disclosure with the person
  117  responsible for recording the minutes of the meeting and shall
  118  be incorporated into the minutes of the meeting at which the
  119  oral disclosure was made. Any such memorandum shall become a
  120  public record upon filing, shall immediately be provided to the
  121  other members of the agency, and shall be read publicly at the
  122  next meeting held subsequent to the filing of this written
  123  memorandum.
  124         (c) For purposes of this subsection, the term “participate”
  125  means any attempt to influence the decision by oral or written
  126  communication, whether made by the officer or at the officer’s
  127  direction.
  128         Section 2. Subsection (7) of section 112.317, Florida
  129  Statutes, is amended to read:
  130         112.317 Penalties.—
  131         (7) In any case in which the commission determines that a
  132  person has filed a complaint against a public officer or
  133  employee with a malicious intent to injure the reputation of
  134  such officer or employee by filing the complaint with knowledge
  135  that the complaint contains one or more false allegations or
  136  with reckless disregard for whether the complaint contains false
  137  allegations of fact material to a violation of this part, the
  138  complainant is shall be liable for costs plus reasonable
  139  attorney fees incurred in the defense of the respondent in the
  140  original proceeding person complained against, including the
  141  costs and reasonable attorney fees incurred in proving
  142  entitlement to and the amount of costs and fees. If the
  143  complainant prevails against a respondent’s action to recover
  144  costs and fees, the respondent is liable to the complainant for
  145  costs plus reasonable attorney fees incurred by the complainant
  146  in the filing of the complaint and in defending against the
  147  respondent’s action. If the complainant or the respondent fails
  148  to pay such costs and fees voluntarily within 30 days following
  149  such finding by the commission, the commission shall forward
  150  such information to the Department of Legal Affairs, which shall
  151  bring a civil action in a court of competent jurisdiction to
  152  recover the amount of such costs and fees awarded by the
  153  commission.
  154         Section 3. Paragraph (c) of subsection (2) of section
  155  288.1226, Florida Statutes, is amended to read:
  156         288.1226 Florida Tourism Industry Marketing Corporation;
  157  use of property; board of directors; duties; audit.—
  158         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
  159  Corporation is a direct-support organization of Enterprise
  160  Florida, Inc.
  161         (c)1. The corporation is not an agency for the purposes of
  162  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
  163  relating to leasing of buildings; ss. 283.33 and 283.35,
  164  relating to bids for printing; s. 215.31; and parts I, II, and
  165  IV-VIII of chapter 112. However, the corporation shall comply
  166  with the per diem and travel expense provisions of s. 112.061.
  167         2. It is not a violation of s. 112.3143(2) or (3) (4) for
  168  the officers or members of the board of directors of the
  169  corporation to:
  170         a. Vote on the 4-year marketing plan required under s.
  171  288.923 or vote on any individual component of or amendment to
  172  the plan.
  173         b. Participate in the establishment or calculation of
  174  payments related to the private match requirements of subsection
  175  (6). The officer or member must file an annual disclosure
  176  describing the nature of his or her interests or the interests
  177  of his or her principals, including corporate parents and
  178  subsidiaries of his or her principal, in the private match
  179  requirements. This annual disclosure requirement satisfies the
  180  disclosure requirement of s. 112.3143(3) s. 112.3143(4). This
  181  disclosure must be placed on the corporation’s website or
  182  included in the minutes of each meeting of the corporation’s
  183  board of directors at which the private match requirements are
  184  discussed or voted upon.
  185         Section 4. Paragraph (c) of subsection (1) of section
  186  310.151, Florida Statutes, is amended to read:
  187         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
  188         (1)
  189         (c) Committee members shall comply with the disclosure
  190  requirements of s. 112.3143(3) s. 112.3143(4) if participating
  191  in any matter that would result in special private gain or loss
  192  as described in that subsection.
  193         Section 5. Paragraph (d) of subsection (6) of section
  194  627.351, Florida Statutes, is amended to read:
  195         627.351 Insurance risk apportionment plans.—
  196         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  197         (d)1. All prospective employees for senior management
  198  positions, as defined by the plan of operation, are subject to
  199  background checks as a prerequisite for employment. The office
  200  shall conduct the background checks pursuant to ss. 624.34,
  201  624.404(3), and 628.261.
  202         2. On or before July 1 of each year, employees of the
  203  corporation must sign and submit a statement attesting that they
  204  do not have a conflict of interest, as defined in part III of
  205  chapter 112. As a condition of employment, all prospective
  206  employees must sign and submit to the corporation a conflict-of
  207  interest statement.
  208         3. The executive director, senior managers, and members of
  209  the board of governors are subject to part III of chapter 112,
  210  including, but not limited to, the code of ethics and public
  211  disclosure and reporting of financial interests, pursuant to s.
  212  112.3145. For purposes of applying part III of chapter 112 to
  213  activities of the executive director, senior managers, and
  214  members of the board of governors, those persons shall be
  215  considered public officers or employees and the corporation
  216  shall be considered their agency. Notwithstanding s.
  217  112.3143(2), A board member may not vote on any measure that
  218  would inure to his or her special private gain or loss; that he
  219  or she knows would inure to the special private gain or loss of
  220  any principal by whom he or she is retained or to the parent
  221  organization or subsidiary of a corporate principal by which he
  222  or she is retained, other than an agency as defined in s.
  223  112.312; or that he or she knows would inure to the special
  224  private gain or loss of a relative or business associate of the
  225  public officer. Before the vote is taken, such member shall
  226  publicly state to the assembly the nature of his or her interest
  227  in the matter from which he or she is abstaining from voting
  228  and, within 15 days after the vote occurs, disclose the nature
  229  of his or her interest as a public record in a memorandum filed
  230  with the person responsible for recording the minutes of the
  231  meeting, who shall incorporate the memorandum in the minutes.
  232  Senior managers and board members are also required to file such
  233  disclosures with the Commission on Ethics and the Office of
  234  Insurance Regulation. The executive director of the corporation
  235  or his or her designee shall notify each existing and newly
  236  appointed member of the board of governors and senior managers
  237  of their duty to comply with the reporting requirements of part
  238  III of chapter 112. At least quarterly, the executive director
  239  or his or her designee shall submit to the Commission on Ethics
  240  a list of names of the senior managers and members of the board
  241  of governors who are subject to the public disclosure
  242  requirements under s. 112.3145.
  243         4. Notwithstanding s. 112.3148, s. 112.3149, or any other
  244  provision of law, an employee or board member may not knowingly
  245  accept, directly or indirectly, any gift or expenditure from a
  246  person or entity, or an employee or representative of such
  247  person or entity, which has a contractual relationship with the
  248  corporation or who is under consideration for a contract. An
  249  employee or board member who fails to comply with subparagraph
  250  3. or this subparagraph is subject to penalties provided under
  251  ss. 112.317 and 112.3173.
  252         5. Any senior manager of the corporation who is employed on
  253  or after January 1, 2007, regardless of the date of hire, who
  254  subsequently retires or terminates employment is prohibited from
  255  representing another person or entity before the corporation for
  256  2 years after retirement or termination of employment from the
  257  corporation.
  258         6. The executive director, members of the board of
  259  governors, and senior managers of the corporation are prohibited
  260  from having any employment or contractual relationship for 2
  261  years after retirement from or termination of service to the
  262  corporation with an insurer that has entered into a take-out
  263  bonus agreement with the corporation.
  264         Section 6. Paragraph (a) of subsection (26) of section
  265  1002.33, Florida Statutes, is amended to read:
  266         1002.33 Charter schools.—
  267         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
  268         (a) A member of a governing board of a charter school,
  269  including a charter school operated by a private entity, is
  270  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
  271  112.3143(3).
  272         Section 7. Paragraph (f) of subsection (6) of section
  273  1002.333, Florida Statutes, is amended to read:
  274         1002.333 Persistently low-performing schools.—
  275         (6) STATUTORY AUTHORITY.—
  276         (f) Schools of hope operated by a hope operator shall be
  277  exempt from chapters 1000-1013 and all school board policies.
  278  However, a hope operator shall be in compliance with the laws in
  279  chapters 1000-1013 relating to:
  280         1. The student assessment program and school grading
  281  system.
  282         2. Student progression and graduation.
  283         3. The provision of services to students with disabilities.
  284         4. Civil rights, including s. 1000.05, relating to
  285  discrimination.
  286         5. Student health, safety, and welfare.
  287         6. Public meetings and records, public inspection, and
  288  criminal and civil penalties pursuant to s. 286.011. The
  289  governing board of a school of hope must hold at least two
  290  public meetings per school year in the school district in which
  291  the school of hope is located. Any other meetings of the
  292  governing board may be held in accordance with s. 120.54(5)(b)2.
  293         7. Public records pursuant to chapter 119.
  294         8. The code of ethics for public officers and employees
  295  pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
  296  112.3143(3).
  297         Section 8. Subsection (8) of section 1002.83, Florida
  298  Statutes, is amended to read:
  299         1002.83 Early learning coalitions.—
  300         (8) Each member of an early learning coalition is subject
  301  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  302  112.3143(2)(a) s. 112.3143(3)(a), each voting member is a local
  303  public officer who must abstain from voting when a voting
  304  conflict exists.
  305         Section 9. For the purpose of incorporating the amendment
  306  made by this act to section 112.3143, Florida Statutes, in a
  307  reference thereto, paragraph (b) of subsection (1) of section
  308  28.35, Florida Statutes, is reenacted to read:
  309         28.35 Florida Clerks of Court Operations Corporation.—
  310         (1)
  311         (b)1. The executive council shall be composed of eight
  312  clerks of the court elected by the clerks of the courts for a
  313  term of 2 years, with two clerks from counties with a population
  314  of fewer than 100,000, two clerks from counties with a
  315  population of at least 100,000 but fewer than 500,000, two
  316  clerks from counties with a population of at least 500,000 but
  317  fewer than 1 million, and two clerks from counties with a
  318  population of 1 million or more. The executive council shall
  319  also include, as ex officio members, a designee of the President
  320  of the Senate and a designee of the Speaker of the House of
  321  Representatives. The Chief Justice of the Supreme Court shall
  322  designate one additional member to represent the state courts
  323  system.
  324         2. Members of the executive council of the corporation are
  325  subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
  326  and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
  327  (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
  328  executive council members, members shall be considered public
  329  officers and the corporation shall be considered the members’
  330  agency.
  331         Section 10. For the purpose of incorporating the amendment
  332  made by this act to section 112.3143, Florida Statutes, in a
  333  reference thereto, section 112.3251, Florida Statutes, is
  334  reenacted to read:
  335         112.3251 Citizen support and direct-support organizations;
  336  standards of conduct.—A citizen support or direct-support
  337  organization created or authorized pursuant to law must adopt
  338  its own ethics code. The ethics code must contain the standards
  339  of conduct and disclosures required under ss. 112.313 and
  340  112.3143(2), respectively. However, an ethics code adopted
  341  pursuant to this section is not required to contain the
  342  standards of conduct specified in s. 112.313(3) or (7). The
  343  citizen support or direct-support organization may adopt
  344  additional or more stringent standards of conduct and disclosure
  345  requirements if those standards of conduct and disclosure
  346  requirements do not otherwise conflict with this part. The
  347  ethics code must be conspicuously posted on the citizen support
  348  or direct-support organization’s website.
  349         Section 11. For the purpose of incorporating the amendment
  350  made by this act to section 112.3143, Florida Statutes, in a
  351  reference thereto, paragraph (c) of subsection (1) of section
  352  288.901, Florida Statutes, is reenacted to read:
  353         288.901 Enterprise Florida, Inc.—
  354         (1) CREATION.—
  355         (c) The president, senior managers, and members of the
  356  board of directors of Enterprise Florida, Inc., are subject to
  357  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  358  112.3143(2). For purposes of applying ss. 112.313(1)-(8), (10),
  359  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  360  president, senior managers, and members of the board of
  361  directors, those persons shall be considered public officers or
  362  employees and the corporation shall be considered their agency.
  363  The exemption set forth in s. 112.313(12) for advisory boards
  364  applies to the members of Enterprise Florida, Inc., board of
  365  directors. Further, each member of the board of directors who is
  366  not otherwise required to file financial disclosures pursuant to
  367  s. 8, Art. II of the State Constitution or s. 112.3144, shall
  368  file disclosure of financial interests pursuant to s. 112.3145.
  369         Section 12. For the purpose of incorporating the amendment
  370  made by this act to section 112.3143, Florida Statutes, in a
  371  reference thereto, paragraph (b) of subsection (2) of section
  372  288.92, Florida Statutes, is reenacted to read:
  373         288.92 Divisions of Enterprise Florida, Inc.—
  374         (2)
  375         (b)1. The following officers and board members are subject
  376  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  377  112.3143(2):
  378         a. Officers and members of the board of directors of the
  379  divisions of Enterprise Florida, Inc.
  380         b. Officers and members of the board of directors of
  381  subsidiaries of Enterprise Florida, Inc.
  382         c. Officers and members of the board of directors of
  383  corporations created to carry out the missions of Enterprise
  384  Florida, Inc.
  385         d. Officers and members of the board of directors of
  386  corporations with which a division is required by law to
  387  contract to carry out its missions.
  388         2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
  389  and (15); 112.3135; and 112.3143(2) to activities of the
  390  officers and members of the board of directors specified in
  391  subparagraph 1., those persons shall be considered public
  392  officers or employees and the corporation shall be considered
  393  their agency.
  394         Section 13. For the purpose of incorporating the amendment
  395  made by this act to section 112.3143, Florida Statutes, in a
  396  reference thereto, paragraph (a) of subsection (3) of section
  397  288.9604, Florida Statutes, is reenacted to read:
  398         288.9604 Creation of the authority.—
  399         (3)(a)1. A director may not receive compensation for his or
  400  her services, but is entitled to necessary expenses, including
  401  travel expenses, incurred in the discharge of his or her duties.
  402  Each director shall hold office until his or her successor has
  403  been appointed.
  404         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
  405  and (15); 112.3135; and 112.3143(2). For purposes of applying
  406  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  407  112.3143(2) to activities of directors, directors shall be
  408  considered public officers and the corporation shall be
  409  considered their agency.
  410         Section 14. This act shall take effect July 1, 2019.

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