Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 86
       
       
       
       
       
       
                                Barcode 784618                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Fasano) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 31 and 32
    4  insert:
    5         Section 2. Section 112.3142, Florida Statutes, is created
    6  to read:
    7         112.3142Qualified blind trusts.—
    8         (1)The Legislature finds that if a public official creates
    9  a trust, and if the public official does not know the identity
   10  of the financial interests held by the trust and does not
   11  control the interests held by the trust, his or her official
   12  actions would not be influenced or appear to be influenced by
   13  private considerations. Thus, it is the intent of the
   14  Legislature that the public policy goal of the state, which is
   15  to be achieved through reliance on a blind trust, be an actual
   16  “blindness” or lack of knowledge or control by the official with
   17  respect to the interests held in trust.
   18         (2)As used in this section, the term:
   19         (a)“Cabinet” has the same meaning as in s. 20.03.
   20         (b)“Commission” means the Commission on Ethics.
   21         (c)“Covered public official” means the Governor, the
   22  Lieutenant Governor, or a member of the Cabinet.
   23         (3)If a covered public official holds an economic interest
   24  in a qualified blind trust as defined in this section, he or she
   25  does not have a conflict of interest prohibited under s.
   26  112.313(3) or (7) or a voting conflict of interest under s.
   27  112.3143 with regard to matters pertaining to that economic
   28  interest.
   29         (4)Except as otherwise provided in this section, the
   30  covered public official may not attempt to influence or exercise
   31  any control over decisions regarding the management of assets in
   32  a qualified blind trust. The covered public official and each
   33  person having a beneficial interest in the qualified blind trust
   34  may not make any effort to obtain information with respect to
   35  the holdings of the trust, including obtaining a copy of any
   36  trust tax return filed or any information relating thereto,
   37  except as otherwise provided in this section.
   38         (5)Except for communications that consist solely of
   39  requests for distributions of cash or other unspecified assets
   40  of the trust, there shall be no direct or indirect communication
   41  with respect to the trust between the covered public official or
   42  any person having a beneficial interest in the qualified blind
   43  trust and the trustee, unless such communication is in writing
   44  and unless it relates only to:
   45         (a)A request for a distribution from the trust which does
   46  not specify whether the distribution is to be made in cash or in
   47  kind;
   48         (b)The general financial interests and needs of the
   49  covered public official or interested person, including, but not
   50  limited to, an interest in maximizing income or long-term
   51  capital gain;
   52         (c)The notification of the trustee of a law or regulation
   53  subsequently applicable to the covered public official which
   54  prohibits the covered official from holding an asset and which
   55  notification directs that the asset not be held by the trust; or
   56         (d)Directions to the trustee to sell all of an asset
   57  initially placed in the trust by the covered public official
   58  which, in the determination of the covered public official,
   59  creates a conflict of interest or the appearance thereof due to
   60  the subsequent assumption of duties by the public official.
   61         (6)The covered public official shall report as an asset on
   62  his or her financial disclosure forms the beneficial interest in
   63  the qualified blind trust and its value, if the value is
   64  required to be disclosed. The covered public official shall
   65  report the blind trust as a primary source of income on his or
   66  her financial disclosure forms and its amount, if the amount of
   67  income is required to be disclosed. The covered public official
   68  is not required to report as a secondary source of income any
   69  source of income to the blind trust.
   70         (7)In order to constitute a qualified blind trust, the
   71  trust must be established by the covered public official and
   72  meet the following requirements:
   73         (a)The person or entity appointed as a trustee must not
   74  be:
   75         1.The covered public official’s spouse, child, parent,
   76  grandparent, grandchild, brother, sister, parent-in-law,
   77  brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
   78  the spouse of any such person;
   79         2.A person who is an elected or appointed public officer
   80  or a public employee; or
   81         3.A person who has been appointed to serve in an agency by
   82  the covered public official or by a public officer or public
   83  employee supervised by the covered public official.
   84         (b)The trust agreement that establishes the trust must:
   85         1.Contain a clear statement of its purpose, namely, to
   86  remove from the grantor control and knowledge of investment of
   87  trust assets so that conflicts between the grantor’s
   88  responsibilities as a public official and his or her private
   89  interests will be eliminated;
   90         2.Give the trustee complete discretion to manage the
   91  trust, including, but not limited to, the power to dispose of
   92  and acquire trust assets without consulting or notifying the
   93  covered public official or any person having a beneficial
   94  interest in the trust;
   95         3.Prohibit communication between the trustee and the
   96  covered public official and any person having a beneficial
   97  interest in the trust concerning the holdings or sources of
   98  income of the trust, except amounts of cash value or net income
   99  or loss, provided that such report may not identify any asset or
  100  holding, and except as provided in this section;
  101         4.Provide that the trust tax return is prepared by the
  102  trustee or his or her designee and that any information relating
  103  thereto is not disclosed to the covered public official or to
  104  any other beneficiary, except as provided in this section;
  105         5.Permit the trustee to notify the covered public official
  106  of the date of disposition and value at disposition of any
  107  original investment or interests in real property to the extent
  108  required by federal tax law, so that the information can be
  109  reported on the covered public official’s applicable tax
  110  returns;
  111         6.Prohibit the trustee from disclosing to the covered
  112  public official and any person having a beneficial interest in
  113  the trust any information concerning replacement assets to the
  114  trust, except for the minimum tax information that lists only
  115  the totals of taxable items from the trust and does not describe
  116  the source of individual items of income;
  117         7.Prohibit the trustee from investing trust assets in
  118  business entities that he or she knows are regulated by or do a
  119  significant amount of business with the covered public
  120  official’s public agency; and
  121         8.Provide that the trust is not effective until it is
  122  approved by the commission.
  123         (c)The obligations of the trustee and the official under
  124  the trust agreement must be observed by them.
  125         (d)The trust shall contain only readily marketable assets.
  126         (e)The trust must be approved by the commission as meeting
  127  the requirements of this section.
  128         (8)A copy of the trust agreement must be filed with the
  129  commission within 5 business days after the agreement is
  130  executed and must include:
  131         (a)A listing of the assets placed in the trust;
  132         (b)A statement detailing the date the agreement was
  133  executed;
  134         (c)The name and address of the trustee; and
  135         (d)A separate statement signed by the trustee, under
  136  penalty of perjury, certifying that he or she will not reveal
  137  any information to the covered public official or any person
  138  having a beneficial interest in the qualified blind trust,
  139  except for information that is authorized under this section,
  140  and that, to the best of the trustee’s knowledge, the submitted
  141  blind trust agreement complies with this section.
  142         (9)If the trust is revoked while the covered public
  143  official is a public officer, or if the covered public official
  144  learns of any replacement assets that have been added to the
  145  trust, the covered public official must file an amendment to his
  146  or her most recent financial disclosure statement. The amendment
  147  must be filed no later than 60 days after the date of revocation
  148  or the addition of the replacement assets. The covered public
  149  official must disclose the previously unreported pro rata share
  150  of the trust’s interests in investments or income deriving from
  151  any such investments. For purposes of this section, any replaced
  152  asset of which the covered public official learns shall
  153  thereafter be treated as though the asset were an original asset
  154  of the trust.
  155  
  156  ================= T I T L E  A M E N D M E N T ================
  157         And the title is amended as follows:
  158         Delete line 3
  159  and insert:
  160         title; creating s. 112.3142, F.S., pertaining to
  161         qualified blind trusts; providing legislative findings
  162         and intent relating to qualified blind trusts;
  163         defining terms; providing that if a covered public
  164         official holds an economic interest in a qualified
  165         blind trust, he or she does not have a conflict of
  166         interest that would otherwise be prohibited by law;
  167         prohibiting a covered public official from attempting
  168         to influence or exercise any control over decisions
  169         regarding the management of assets in a qualified
  170         blind trust; prohibiting direct or indirect
  171         communication between the covered public official or
  172         any person having a beneficial interest in the
  173         qualified blind trust and the trustee; providing
  174         exemptions; requiring a covered public official to
  175         report as an asset on his or her financial disclosure
  176         forms the beneficial interest, and its value if
  177         required, which he or she has in a qualified blind
  178         trust; specifying the required elements necessary to
  179         establish a qualified blind trust; specifying the
  180         required elements necessary to be a trustee;
  181         specifying the required elements in the trust
  182         agreement; providing that the trust is not effective
  183         unless it is approved by the Commission on Ethics;
  184         requiring that the trustee and the official observe
  185         the obligations of the trust agreement; providing that
  186         the trust contains only readily marketable assets;
  187         requiring that the trust agreement be filed with the
  188         commission within a specified time; providing for the
  189         filing of an amendment to a financial disclosure
  190         statement of a covered public official in specified
  191         circumstances; amending s. 112.3143, F.S.; providing
  192         an