Florida Senate - 2013                                CS for SB 2
       
       
       
       By the Committees on Rules; and Ethics and Elections; and
       Senators Latvala, Gardiner, Thrasher, Legg, Lee, Benacquisto,
       Flores, and Diaz de la Portilla
       
       
       595-01715A-13                                            20132c1
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.312, F.S.;
    3         revising definitions; creating s. 112.3125, F.S.;
    4         defining the term “public officer”; prohibiting public
    5         officers from accepting additional employment with the
    6         state or any of its political subdivisions under
    7         specified conditions; amending s. 112.313, F.S.;
    8         providing that a member of the Legislature may not
    9         personally represent another person or entity for
   10         compensation before any state agency for a period of 2
   11         years following vacation of office; providing
   12         exceptions; providing that no member of the
   13         Legislature may associate as a partner, principal, or
   14         employee of a firm whose primary purpose is lobbying
   15         the Legislature within the first 2 years after
   16         vacation of office under specified conditions;
   17         establishing filing requirements for a sworn
   18         statement; specifying applicability of amendments made
   19         by the act; creating s. 112.3142, F.S.; defining the
   20         term “constitutional officers”; requiring
   21         constitutional officers to complete annual ethics
   22         training; specifying requirements for ethics training;
   23         requiring the commission to adopt rules to establish
   24         minimum course content; requiring each house of the
   25         Legislature to provide for ethics training pursuant to
   26         its rules; creating s. 112.31425, F.S.; providing
   27         legislative findings; providing that holding an
   28         economic interest in a qualified blind trust is not a
   29         prohibited conflict of interest; providing that a
   30         public officer may not attempt to influence, exercise
   31         control of, or obtain information regarding the
   32         holdings of the qualified blind trust; prohibiting
   33         communication regarding the qualified blind trust
   34         between a public officer or a person having a
   35         beneficial interest in the trust and the trustee;
   36         providing exceptions; requiring a public officer to
   37         report the qualified blind trust and its value on his
   38         or her financial disclosure form under specified
   39         circumstances; establishing requirements for creation
   40         of a qualified blind trust; requiring a public officer
   41         who holds a qualified blind trust to file a notice
   42         with the Commission on Ethics; requiring a covered
   43         public official to file an amendment to his or her
   44         most recent financial disclosure statement under
   45         specified conditions; amending s. 112.3143, F.S.;
   46         providing definitions for “principal” and “special
   47         gain or loss”; requiring state public officers to
   48         abstain from voting on any matter that the officer
   49         knows would inure to his or her special private gain
   50         or loss; requiring that a memorandum filed after a
   51         vote be filed no later than 15 days after the vote;
   52         providing that a member of the Legislature satisfies
   53         the disclosure requirement by filing a form created
   54         pursuant to the rules of his or her respective house;
   55         providing that confidential or privileged information
   56         need not be disclosed; amending s. 112.3144, F.S.;
   57         requiring the qualifying officer to electronically
   58         transmit a full and public disclosure of financial
   59         interests of a qualified candidate to the commission;
   60         providing timeframes for the filing of certain
   61         complaints; authorizing filing individuals to file an
   62         amended statement during a specified timeframe under
   63         specified conditions; authorizing the commission to
   64         immediately follow complaint procedures under
   65         specified conditions; prohibiting the commission from
   66         taking action on complaints alleging immaterial,
   67         inconsequential, or de minimis errors or omissions;
   68         providing what constitutes an immaterial,
   69         inconsequential, or de minimis error or omission;
   70         authorizing an individual required to file a
   71         disclosure to have the statement prepared by a
   72         certified public accountant; requiring a certified
   73         public accountant to sign the completed disclosure
   74         form to indicate compliance with applicable
   75         requirements and that the disclosure is true and
   76         correct based on reasonable knowledge and belief;
   77         requiring the commission to determine if a certified
   78         public accountant failed to disclose information
   79         provided by the filing individual on the filed
   80         statement; providing that the failure of the certified
   81         public accountant to accurately transcribe information
   82         provided by the filing individual does not constitute
   83         a violation; authorizing an elected officer or
   84         candidate to use funds in an office account or
   85         campaign depository to pay a certified public
   86         accountant for preparing a disclosure; creating s.
   87         112.31445, F.S.; providing a definition for
   88         “electronic filing system”; requiring all disclosures
   89         of financial interests filed with the commission to be
   90         scanned and made publicly available on a searchable
   91         Internet database beginning with the 2012 filing year;
   92         requiring the commission to submit a proposal to the
   93         President of the Senate and the Speaker of the House
   94         of Representatives for a mandatory electronic filing
   95         system by a specified date; establishing minimum
   96         requirements for the commission’s proposal; amending
   97         s. 112.3145, F.S.; revising the definitions of “local
   98         officer” and “specified state employee”; revising
   99         procedures for the filing of a statement of financial
  100         interests with a candidate’s qualifying papers;
  101         requiring a person filing a statement of financial
  102         interest to indicate the method of reporting income;
  103         providing timeframes for the filing of certain
  104         complaints; authorizing filing individuals to file an
  105         amended statement during a specified timeframe under
  106         specified conditions; authorizing the commission to
  107         immediately follow complaint procedures under
  108         specified conditions; prohibiting the commission from
  109         taking action on complaints alleging immaterial,
  110         inconsequential, or de minimis errors or omissions;
  111         providing what constitutes an immaterial,
  112         inconsequential, or de minimis error or omission;
  113         authorizing an individual required to file a
  114         disclosure to have the statement prepared by a
  115         certified public accountant; requiring a certified
  116         public accountant to sign the completed disclosure
  117         form to indicate compliance with applicable
  118         requirements and that the disclosure is true and
  119         correct based on reasonable knowledge and belief;
  120         requiring the commission to determine if a certified
  121         public accountant failed to disclose information
  122         provided by the filing individual on the filed
  123         statement; providing that the failure of the certified
  124         public account to accurately transcribe information
  125         provided by the filing individual does not constitute
  126         a violation; authorizing an elected officer or
  127         candidate to use funds in an office account or
  128         campaign depository to pay a certified public
  129         accountant for preparing a disclosure; creating s.
  130         112.31455, F.S.; requiring the commission to attempt
  131         to determine whether an individual owing certain fines
  132         is a current public officer or public employee;
  133         authorizing the commission to notify the Chief
  134         Financial Officer or the governing body of a county,
  135         municipality, or special district of the total amount
  136         of any fine owed to the commission by such
  137         individuals; requiring that the Chief Financial
  138         Officer or the governing body of a county,
  139         municipality, or special district begin withholding
  140         portions of any salary payment that would otherwise be
  141         paid to the current public officer or public employee;
  142         requiring that the withheld payments be remitted to
  143         the commission until the fine is satisfied;
  144         authorizing the Chief Financial Officer or the
  145         governing body to retain a portion of payment for
  146         administrative costs; authorizing collection methods
  147         for the commission or the Department of Financial
  148         Services for individuals who are no longer public
  149         officers or public employees; authorizing the
  150         commission to contract with a collection agency;
  151         authorizing a collection agency to utilize collection
  152         methods authorized by law; authorizing the commission
  153         to collect an unpaid fine within a specified period of
  154         issuance of the final order; amending s. 112.3147,
  155         F.S.; providing an exception to the requirement that
  156         all forms be prescribed by the commission; amending s.
  157         112.3148, F.S.; revising the definition of
  158         “procurement employee”; creating a definition for
  159         “vendor”; prohibiting a reporting individual or
  160         procurement employee from soliciting or knowingly
  161         accepting a gift from a vendor; deleting references to
  162         political committees and committees of continuous
  163         existence; creating s. 112.31485, F.S.; providing
  164         definitions for “gift” and “immediate family”;
  165         prohibiting a reporting individual or procurement
  166         employee or a member of his or her immediate family
  167         from soliciting or knowingly accepting any gift from a
  168         political committee or committee of continuous
  169         existence; prohibiting a political committee or
  170         committee of continuous existence from giving any gift
  171         to a reporting individual or procurement employee or a
  172         member of his or her immediate family; providing
  173         penalties for a violation; requiring that individuals
  174         who violate this section be held personally liable;
  175         amending s. 112.3149, F.S.; revising the definition of
  176         “procurement employee”; creating a definition for
  177         “vendor”; prohibiting a reporting individual or
  178         procurement employee from knowingly accepting an
  179         honorarium from a vendor; prohibiting a vendor from
  180         giving an honorarium to a reporting individual or
  181         procurement employee; amending s. 112.317, F.S.;
  182         making technical changes; amending s. 112.3215, F.S.;
  183         authorizing the commission to investigate sworn
  184         complaints alleging a prohibited expenditure;
  185         authorizing the commission to investigate a lobbyist
  186         or principal upon a sworn complaint or random audit;
  187         authorizing the Governor and Cabinet to assess a fine
  188         on a lobbyist or principal under specified conditions;
  189         providing a civil penalty; amending s. 112.324, F.S.;
  190         authorizing specified parties to submit written
  191         referrals of a possible violation of the Code of
  192         Ethics for Public Officers and Employees or other
  193         possible breaches of the public trust to the
  194         Commission on Ethics; establishing procedures for the
  195         receipt of written referrals by the commission;
  196         extending the period in which the disclosure of the
  197         intent to file or the filing of a complaint against a
  198         candidate is prohibited; providing exceptions;
  199         requiring the commission to dismiss a complaint of a
  200         de minimis violation; providing exceptions; defining a
  201         de minimis violation; reenacting s. 120.665, F.S.,
  202         relating to disqualification of agency personnel, to
  203         incorporate the amendments to s. 112.3143, F.S., in a
  204         reference thereto; reenacting s. 286.012, F.S.,
  205         relating to voting requirements at meetings of
  206         governmental bodies, to incorporate the amendments
  207         made to s. 112.3143, F.S., in a reference thereto;
  208         reenacting s. 287.175, F.S., relating to penalties, to
  209         incorporate the amendments made to s. 112.324, F.S.,
  210         in a reference thereto; amending s. 288.901, F.S.;
  211         correcting a cross-reference; amending s. 445.007,
  212         F.S., and reenacting subsection (1) of that section,
  213         relating to regional workforce boards, to incorporate
  214         the amendments made to s. 112.3143, F.S., in a
  215         reference thereto; correcting cross-references;
  216         reenacting s. 627.311(5)(m), F.S., relating to joint
  217         underwriters and joint reinsurers, to incorporate the
  218         amendments made to s. 112.3143, F.S., in a reference
  219         thereto; reenacting s. 627.351(6)(d), F.S., relating
  220         to Citizens Property Insurance Corporation, to
  221         incorporate the amendments made to s. 112.3143, F.S.;
  222         providing an effective date.
  223  
  224  Be It Enacted by the Legislature of the State of Florida:
  225  
  226         Section 1. Subsection (5) and paragraph (b) of subsection
  227  (12) of section 112.312, Florida Statutes, is amended to read:
  228         112.312 Definitions.—As used in this part and for purposes
  229  of the provisions of s. 8, Art. II of the State Constitution,
  230  unless the context otherwise requires:
  231         (5) “Business entity” means any corporation, partnership,
  232  limited partnership, company, limited liability company,
  233  proprietorship, firm, enterprise, franchise, association, self
  234  employed individual, or trust, whether fictitiously named or
  235  not, doing business in this state.
  236         (12)
  237         (b) “Gift” does not include:
  238         1. Salary, benefits, services, fees, commissions, gifts, or
  239  expenses associated primarily with the donee’s employment,
  240  business, or service as an officer or director of a corporation
  241  or organization.
  242         2. Except as provided in s. 112.31485, contributions or
  243  expenditures reported pursuant to chapter 106, contributions or
  244  expenditures reported pursuant to federal election law,
  245  campaign-related personal services provided without compensation
  246  by individuals volunteering their time, or any other
  247  contribution or expenditure by a political party or affiliated
  248  party committee.
  249         3. An honorarium or an expense related to an honorarium
  250  event paid to a person or the person’s spouse.
  251         4. An award, plaque, certificate, or similar personalized
  252  item given in recognition of the donee’s public, civic,
  253  charitable, or professional service.
  254         5. An honorary membership in a service or fraternal
  255  organization presented merely as a courtesy by such
  256  organization.
  257         6. The use of a public facility or public property, made
  258  available by a governmental agency, for a public purpose.
  259         7. Transportation provided to a public officer or employee
  260  by an agency in relation to officially approved governmental
  261  business.
  262         8. Gifts provided directly or indirectly by a state,
  263  regional, or national organization which promotes the exchange
  264  of ideas between, or the professional development of,
  265  governmental officials or employees, and whose membership is
  266  primarily composed of elected or appointed public officials or
  267  staff, to members of that organization or officials or staff of
  268  a governmental agency that is a member of that organization.
  269         Section 2. Section 112.3125, Florida Statutes, is created
  270  to read:
  271         112.3125Dual public employment.—
  272         (1) As used in this section, the term “public officer”
  273  includes any person who is elected to state or local office or,
  274  for the period of his or her candidacy, any person who has
  275  qualified as a candidate for state or local office.
  276         (2) A public officer may not accept public employment with
  277  the state or any of its political subdivisions if the public
  278  officer knows, or with the exercise of reasonable care should
  279  know, that the position is being offered by the employer for the
  280  purpose of gaining influence or other advantage based on the
  281  public officer’s office or candidacy.
  282         (3) Any public employment accepted by a public officer must
  283  meet all of the following conditions:
  284         (a)1. The position was already in existence or was created
  285  by the employer without the knowledge or anticipation of the
  286  public officer’s interest in such position;
  287         2. The position was publicly advertised;
  288         3. The public officer was subject to the same application
  289  and hiring process as other candidates for the position; and
  290         4. The public officer meets or exceeds the required
  291  qualifications for the position.
  292         (4) A person who was employed by the state or any of its
  293  political subdivisions before qualifying as a public officer for
  294  his or her current term of office or the next available term of
  295  office may continue his or her employment. However, he or she
  296  may not accept promotion, advancement, additional compensation,
  297  or anything of value that he or she knows, or with the exercise
  298  of reasonable care should know, is provided or given as a result
  299  of his or her election or position, or that is otherwise
  300  inconsistent with the promotion, advancement, additional
  301  compensation, or anything of value provided or given an employee
  302  who is similarly situated.
  303         (5) This section may not be interpreted as authorizing
  304  employment that is otherwise prohibited by law.
  305         Section 3. Paragraph (a) of subsection (9) of section
  306  112.313, Florida Statutes, is amended to read:
  307         112.313 Standards of conduct for public officers, employees
  308  of agencies, and local government attorneys.—
  309         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  310  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  311         (a)1. It is the intent of the Legislature to implement by
  312  statute the provisions of s. 8(e), Art. II of the State
  313  Constitution relating to legislators, statewide elected
  314  officers, appointed state officers, and designated public
  315  employees.
  316         2. As used in this paragraph:
  317         a. “Employee” means:
  318         (I) Any person employed in the executive or legislative
  319  branch of government holding a position in the Senior Management
  320  Service as defined in s. 110.402 or any person holding a
  321  position in the Selected Exempt Service as defined in s. 110.602
  322  or any person having authority over policy or procurement
  323  employed by the Department of the Lottery.
  324         (II) The Auditor General, the director of the Office of
  325  Program Policy Analysis and Government Accountability, the
  326  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  327  at Arms and Clerk of the House of Representatives.
  328         (III) The executive director and deputy executive director
  329  of the Commission on Ethics.
  330         (IV) An executive director, staff director, or deputy staff
  331  director of each joint committee, standing committee, or select
  332  committee of the Legislature; an executive director, staff
  333  director, executive assistant, analyst, or attorney of the
  334  Office of the President of the Senate, the Office of the Speaker
  335  of the House of Representatives, the Senate Majority Party
  336  Office, Senate Minority Party Office, House Majority Party
  337  Office, or House Minority Party Office; or any person, hired on
  338  a contractual basis, having the power normally conferred upon
  339  such persons, by whatever title.
  340         (V) The Chancellor and Vice Chancellors of the State
  341  University System; the general counsel to the Board of Governors
  342  of the State University System; and the president, provost, vice
  343  presidents, and deans of each state university.
  344         (VI) Any person, including an other-personal-services
  345  employee, having the power normally conferred upon the positions
  346  referenced in this sub-subparagraph.
  347         b. “Appointed state officer” means any member of an
  348  appointive board, commission, committee, council, or authority
  349  of the executive or legislative branch of state government whose
  350  powers, jurisdiction, and authority are not solely advisory and
  351  include the final determination or adjudication of any personal
  352  or property rights, duties, or obligations, other than those
  353  relative to its internal operations.
  354         c. “State agency” means an entity of the legislative,
  355  executive, or judicial branch of state government over which the
  356  Legislature exercises plenary budgetary and statutory control.
  357         3. No member of the Legislature, appointed state officer,
  358  or statewide elected officer shall personally represent another
  359  person or entity for compensation before the government body or
  360  agency of which the individual was an officer or member for a
  361  period of 2 years following vacation of office. No member of the
  362  Legislature shall personally represent another person or entity
  363  for compensation during his or her term of office, or for a
  364  period of 2 years following vacation of office, before any state
  365  agency other than judicial tribunals or in settlement
  366  negotiations after the filing of a lawsuit. No member shall
  367  associate as a partner, principal, employee of a firm, or
  368  consultant for a period of 2 years following vacation of office
  369  for the purpose of drafting, strategizing, consulting, advising
  370  or in any way working on matters that will come before the
  371  Legislature or provide networking or relationship building
  372  services with sitting members of the Legislature. For purposes
  373  of this prohibition, employment, partnership, or association
  374  with a principal, firm, or entity whose primary purpose is
  375  legislative lobbying is presumptively prohibited unless the
  376  principal, firm, entity, or former member first receives an
  377  advisory opinion from the commission finding that the proposed
  378  employment is in compliance with this section. If the primary
  379  purpose of the employer, association or partnership, principal,
  380  firm, or entity affiliating with the former member is
  381  legislative lobbying, such entity must file annually a sworn
  382  statement with the Secretary of the Senate or the Clerk of the
  383  House of Representatives affirming that the former member did
  384  not engage in any of the prohibited activities.
  385         4. An agency employee, including an agency employee who was
  386  employed on July 1, 2001, in a Career Service System position
  387  that was transferred to the Selected Exempt Service System under
  388  chapter 2001-43, Laws of Florida, may not personally represent
  389  another person or entity for compensation before the agency with
  390  which he or she was employed for a period of 2 years following
  391  vacation of position, unless employed by another agency of state
  392  government.
  393         5. Any person violating this paragraph shall be subject to
  394  the penalties provided in s. 112.317 and a civil penalty of an
  395  amount equal to the compensation which the person receives for
  396  the prohibited conduct.
  397         6. This paragraph is not applicable to:
  398         a. A person employed by the Legislature or other agency
  399  prior to July 1, 1989;
  400         b. A person who was employed by the Legislature or other
  401  agency on July 1, 1989, whether or not the person was a defined
  402  employee on July 1, 1989;
  403         c. A person who was a defined employee of the State
  404  University System or the Public Service Commission who held such
  405  employment on December 31, 1994;
  406         d. A person who has reached normal retirement age as
  407  defined in s. 121.021(29), and who has retired under the
  408  provisions of chapter 121 by July 1, 1991; or
  409         e. Any appointed state officer whose term of office began
  410  before January 1, 1995, unless reappointed to that office on or
  411  after January 1, 1995.
  412         Section 4. The amendments made to paragraph (9)(a) of s.
  413  112.313, Florida Statutes, by section 3 of this act, apply to
  414  members of the Legislature who begin a new term of office after
  415  the effective date of this act.
  416         Section 5. Section 112.3142, Florida Statutes, is created
  417  to read:
  418         112.3142Ethics training for specified constitutional
  419  officers.—
  420         (1) As used in this section, the term “constitutional
  421  officers” includes the Governor, the Lieutenant Governor, the
  422  Attorney General, the Chief Financial Officer, the Commissioner
  423  of Agriculture, state attorneys, public defenders, sheriffs, tax
  424  collectors, property appraisers, supervisors of elections,
  425  clerks of the circuit court, county commissioners, district
  426  school board members, and superintendents of schools.
  427         (2)(a) All constitutional officers must complete 4 hours of
  428  ethics training annually that addresses, at a minimum, s. 8,
  429  Art. II of the State Constitution, the Code of Ethics for Public
  430  Officers and Employees, and the public records and public
  431  meetings laws of this state. This requirement may be satisfied
  432  by completion of a continuing legal education class or other
  433  continuing professional education class, seminar, or
  434  presentation if the required subjects are covered.
  435         (b) The commission shall adopt rules establishing minimum
  436  course content for the portion of an ethics training class that
  437  addresses s. 8, Art. II of the State Constitution and the Code
  438  of Ethics for Public Officers and Employees.
  439         (3) Each house of the Legislature shall provide for ethics
  440  training pursuant to its rules.
  441         Section 6. Section 112.31425, Florida Statutes, is created
  442  to read:
  443         112.31425Qualified blind trusts.—
  444         (1) The Legislature finds that if a public officer creates
  445  a trust and does not control the interests held by the trust,
  446  his or her official actions will not be influenced or appear to
  447  be influenced by private considerations.
  448         (2)If a public officer holds a beneficial interest in a
  449  qualified blind trust as described in this section, he or she
  450  does not have a conflict of interest prohibited under s.
  451  112.313(3) or (7) or a voting conflict of interest under s.
  452  112.3143 with regard to matters pertaining to that interest.
  453         (3)The public officer may not attempt to influence or
  454  exercise any control over decisions regarding the management of
  455  assets in a qualified blind trust. The public officer or any
  456  person having a beneficial interest in the qualified blind trust
  457  may not make any effort to obtain information with respect to
  458  the holdings of the trust, including obtaining a copy of any
  459  trust tax return filed or any information relating thereto,
  460  except as otherwise provided in this section.
  461         (4)Except for communications that consist solely of
  462  requests for distributions of cash or other unspecified assets
  463  of the trust, the public officer or the person who has a
  464  beneficial interest may not have any direct or indirect
  465  communication with the trustee with respect to the trust, unless
  466  such communication is in writing and relates only to:
  467         (a)A request for a distribution from the trust which does
  468  not specify whether the distribution is to be made in cash or in
  469  kind;
  470         (b)The general financial interests and needs of the public
  471  officer or the person who has a beneficial interest, including,
  472  but not limited to, an interest in maximizing income or long
  473  term capital gain;
  474         (c)A notification of the trustee of a law or regulation
  475  subsequently applicable to the public officer which prohibits
  476  the officer from holding an asset and directs that the asset not
  477  be held by the trust; or
  478         (d)A direction to the trustee to sell all of an asset
  479  initially placed in the trust by the public officer which, in
  480  the determination of the public officer, creates a conflict of
  481  interest or the appearance thereof due to the subsequent
  482  assumption of duties by the public officer.
  483         (5)The public officer shall report the beneficial interest
  484  in the qualified blind trust and its value as an asset on his or
  485  her financial disclosure form, if the value is required to be
  486  disclosed. The public officer shall report the blind trust as a
  487  primary source of income on his or her financial disclosure
  488  forms and its amount, if the amount of income is required to be
  489  disclosed. The public officer is not required to report as a
  490  secondary source of income any source of income to the blind
  491  trust.
  492         (6)In order to constitute a qualified blind trust, the
  493  trust established by the public officer must meet the following
  494  requirements:
  495         (a)The person appointed as the trustee may not be:
  496         1.The public officer’s spouse, child, parent, grandparent,
  497  grandchild, brother, sister, parent-in-law, brother-in-law,
  498  sister-in-law, aunt, uncle, or first cousin, or the spouse of
  499  any such person;
  500         2.A person who is an elected or appointed public officer
  501  or a public employee; or
  502         3.A person who has been appointed to serve in an agency by
  503  the public officer or by a public officer or public employee
  504  supervised by the public officer.
  505         (b)The trust agreement that establishes the trust must:
  506         1.Contain a statement that its purpose is to remove from
  507  the grantor control and knowledge of investment of trust assets
  508  so that conflicts between the grantor’s responsibilities as a
  509  public officer and his or her private interests are eliminated.
  510         2.Give the trustee complete discretion to manage the
  511  trust, including, but not limited to, the power to dispose of
  512  and acquire trust assets without consulting or notifying the
  513  covered public officer or the person having a beneficial
  514  interest in the trust.
  515         3.Prohibit communication between the trustee and the
  516  public officer, or the person who has a beneficial interest in
  517  the trust, concerning the holdings or sources of income of the
  518  trust, except amounts of cash value or net income or loss, if
  519  such report does not identify any asset or holding, or except as
  520  provided in this section.
  521         4.Provide that the trust tax return is prepared by the
  522  trustee or his or her designee and that any information relating
  523  thereto is not disclosed to the public officer or to the person
  524  who has a beneficial interest, except as provided in this
  525  section.
  526         5.Permit the trustee to notify the public officer of the
  527  date of disposition and value at disposition of any original
  528  investment or interest in real property to the extent required
  529  by federal tax law so that the information can be reported on
  530  the public officer’s applicable tax returns.
  531         6.Prohibit the trustee from disclosing to the public
  532  officer or the person who has a beneficial interest any
  533  information concerning replacement assets to the trust, except
  534  for the minimum tax information that lists only the totals of
  535  taxable items from the trust and does not describe the source of
  536  individual items of income.
  537         (c)Within 5 business days after the agreement is executed,
  538  the public officer shall file a notice with the commission
  539  setting forth:
  540         1.The date that the agreement is executed;
  541         2.The name and address of the trustee; and
  542         3.The acknowledgement by the trustee that he or she has
  543  agreed to serve as trustee.
  544         (7) If the trust is revoked while the covered public
  545  official is a public officer, or if the covered public official
  546  learns of any replacement assets that have been added to the
  547  trust, the covered public official shall file an amendment to
  548  his or her most recent financial disclosure statement. The
  549  amendment shall be filed no later than 60 days after the date of
  550  revocation or the addition of the replacement assets. The
  551  covered public official shall disclose the previously unreported
  552  pro rata share of the trust’s interests in investments or income
  553  deriving from any such investments. For purposes of this
  554  section, any replacement asset that becomes known to the covered
  555  public official shall thereafter be treated as though it were an
  556  original asset of the trust.
  557         Section 7. Subsections (1) and (2) of section 112.3143,
  558  Florida Statutes, are amended, current subsection (5) of that
  559  section is renumbered as subsection (6), and a new subsection
  560  (5) is added to that section, to read:
  561         112.3143 Voting conflicts.—
  562         (1) As used in this section:
  563         (a) “Principal” includes the parent organization or
  564  subsidiary of any business entity by which the public officer is
  565  retained.
  566         (b)(a) “Public officer” includes any person elected or
  567  appointed to hold office in any agency, including any person
  568  serving on an advisory body.
  569         (c)(b) “Relative” means any father, mother, son, daughter,
  570  husband, wife, brother, sister, father-in-law, mother-in-law,
  571  son-in-law, or daughter-in-law.
  572         (d) “Special private gain or loss” means an economic
  573  benefit or harm that would inure to the voting official or the
  574  voting official’s relative, business associate, or principal in
  575  a unique way or disproportionate to other members of the group.
  576         (2)(a)A No state public officer may not vote on any matter
  577  that the officer knows would inure to his or her special private
  578  gain or loss is prohibited from voting in an official capacity
  579  on any matter. However, Any state public officer who abstains
  580  from voting in an official capacity upon any measure that which
  581  the officer knows would inure to the officer’s special private
  582  gain or loss, or who votes in an official capacity on a measure
  583  that; which he or she knows would inure to the special private
  584  gain or loss of any principal by whom the officer is retained or
  585  to the parent organization or subsidiary of a corporate
  586  principal by which the officer is retained other than an agency
  587  as defined in s. 112.312(2); or which the officer knows would
  588  inure to the special private gain or loss of a relative or
  589  business associate of the public officer, shall make every
  590  reasonable effort to, within 15 days after the vote occurs,
  591  disclose the nature of his or her interest as a public record in
  592  a memorandum filed with the person responsible for recording the
  593  minutes of the meeting, who shall incorporate the memorandum in
  594  the minutes. If it is not possible for the state public officer
  595  to file a memorandum before the vote, the memorandum must be
  596  filed with the person responsible for recording the minutes of
  597  the meeting no later than 15 days after the vote.
  598         (b) A member of the Legislature may satisfy the disclosure
  599  requirements of this section by filing a disclosure form created
  600  pursuant to the rules of the member’s respective house if the
  601  member discloses the information required by this subsection.
  602         (5) If disclosure of specific information would violate
  603  confidentiality or privilege pursuant to law or rules governing
  604  attorneys, a public officer, who is also an attorney, may comply
  605  with the disclosure requirements of this section by disclosing
  606  the nature of the interest in such a way as to provide the
  607  public with notice of the conflict.
  608         Section 8. Subsection (2) of section 112.3144, Florida
  609  Statutes, is amended, present subsection (7) is renumbered as
  610  subsection (9), and new subsections (7) and (8) are added to
  611  that section, to read:
  612         112.3144 Full and public disclosure of financial
  613  interests.—
  614         (2) A person who is required, pursuant to s. 8, Art. II of
  615  the State Constitution, to file a full and public disclosure of
  616  financial interests and who has filed a full and public
  617  disclosure of financial interests for any calendar or fiscal
  618  year shall not be required to file a statement of financial
  619  interests pursuant to s. 112.3145(2) and (3) for the same year
  620  or for any part thereof notwithstanding any requirement of this
  621  part. When a candidate has qualified for office, the qualifying
  622  officer shall, within 3 days of receipt of the full and public
  623  disclosure of financial interests, forward an electronic copy of
  624  the full and public disclosure to the commission. The electronic
  625  copy of the full and public disclosure of financial interests
  626  satisfies the annual disclosure requirement of this section. A
  627  candidate who does not qualify until after the annual full and
  628  public disclosure has been filed pursuant to this section,
  629  except that a candidate for office shall file a copy of his or
  630  her disclosure with the officer before whom he or she qualifies.
  631         (7)(a) The commission shall treat an amended full and
  632  public disclosure of financial interests that is filed prior to
  633  September 1 of the current year as the original filing,
  634  regardless of whether a complaint has been filed. If a complaint
  635  pertaining to the current year alleges a failure to properly and
  636  accurately disclose any information required by this section or
  637  if a complaint filed pertaining to a previous reporting period
  638  within the preceding 5 years alleges a failure to properly and
  639  accurately disclose any information required to be disclosed by
  640  this section, the commission may immediately follow complaint
  641  procedures in s. 112.324. However, if a complaint filed after
  642  August 25 alleges an immaterial, inconsequential, or de minimis
  643  error or omission, the commission may not take any action on the
  644  complaint, other than notifying the filer of the complaint. The
  645  filer must be given 30 days to file an amended full and public
  646  disclosure of financial interests correcting any errors. If the
  647  filer does not file an amended full and public disclosure of
  648  financial interests within 30 days after the commission sends
  649  notice of the complaint, the commission may continue with
  650  proceedings pursuant to s. 112.324.
  651         (b) For purposes of the final full and public disclosure of
  652  financial interests, the commission shall treat a new final full
  653  and public disclosure of financial interests as the original
  654  filing if filed within 60 days after the original filing,
  655  regardless of whether a complaint has been filed. If, more than
  656  60 days after a final full and public disclosure of financial
  657  interests is filed, a complaint is filed alleging a complete
  658  omission of any information required to be disclosed by this
  659  section, the commission may immediately follow the complaint
  660  procedures in s. 112.324. However, if the complaint alleges an
  661  immaterial, inconsequential, or de minimis error or omission,
  662  the commission may not take any action on the complaint, other
  663  than notifying the filer of the complaint. The filer must be
  664  given 30 days to file a new final full and public disclosure of
  665  financial interests correcting any errors. If the filer does not
  666  file a new final full and public disclosure of financial
  667  interests within 30 days after the commission sends notice of
  668  the complaint, the commission may continue with proceedings
  669  pursuant to s. 112.324.
  670         (c) For purposes of this section, an error or omission is
  671  immaterial, inconsequential, or de minimis if the original
  672  filing provided sufficient information for the public to
  673  identify potential conflicts of interest.
  674         (8)(a) An individual required to file a disclosure pursuant
  675  to this section may have the disclosure prepared by a certified
  676  public accountant licensed under chapter 473. After preparing a
  677  disclosure form, the certified public accountant must sign the
  678  form indicating that he or she prepared the form in accordance
  679  with this section and the instructions for completing and filing
  680  the disclosure forms and that, upon his or her reasonable
  681  knowledge and belief, the disclosure is true and correct. If a
  682  complaint is filed alleging a failure to disclose information
  683  required by this section, the commission shall determine whether
  684  the information was disclosed to the certified public
  685  accountant. The failure of the certified public accountant to
  686  accurately transcribe information provided by the individual
  687  required to file is not a violation of this section.
  688         (b) An elected officer or candidate who chooses to use a
  689  certified public accountant to prepare his or her disclosure may
  690  pay for the services of the certified public accountant from
  691  funds in an office account created pursuant to s. 106.141 or,
  692  during a year that the individual qualifies for election to
  693  public office, the candidate’s campaign depository pursuant to
  694  s. 106.021.
  695         Section 9. Section 112.31445, Florida Statutes, is created
  696  to read:
  697         112.31445Electronic filing system; full and public
  698  disclosure of financial interests.—
  699         (1) As used in this section, the term “electronic filing
  700  system” means an Internet system for recording and reporting
  701  full and public disclosure of financial interests or any other
  702  form that is required pursuant to s. 112.3144.
  703         (2) Beginning with the 2012 filing year, all full and
  704  public disclosures of financial interests filed with the
  705  commission pursuant to s. 8, Art. II of the State Constitution
  706  or s. 112.3144 must be scanned and made publicly available by
  707  the commission through a searchable Internet database.
  708         (3) By December 1, 2015, the commission shall submit a
  709  proposal to the President of the Senate and the Speaker of the
  710  House of Representatives for a mandatory electronic filing
  711  system. The proposal must, at a minimum:
  712         (a) Provide for access through the Internet.
  713         (b) Establish a procedure to make filings available in a
  714  searchable format that is accessible by an individual using
  715  standard web-browsing software.
  716         (c) Provide for direct completion of the full and public
  717  disclosure of financial interests forms as well as upload of
  718  such information using software approved by the commission.
  719         (d) Provide a secure method that prevents unauthorized
  720  access to electronic filing system functions.
  721         (e) Provide a method for a certified public accountant
  722  licensed in this state to sign the disclosure form to indicate
  723  that he or she prepared the form in accordance with this section
  724  and the instructions for completing and filing the disclosure
  725  form and that, upon his or her reasonable knowledge and belief,
  726  the form is true and correct.
  727         (f) Address whether additional statutory or rulemaking
  728  authority is necessary for implementation of the system, and
  729  must include, at a minimum, the following elements: alternate
  730  filing procedures to be used in the event that the commission’s
  731  electronic filing system is inoperable, issuance of an
  732  electronic receipt via electronic mail indicating and verifying
  733  to the individual who submitted the full and public disclosure
  734  of financial interests form that the form has been filed, and a
  735  determination of the feasibility and necessity of including
  736  statements of financial interests filed pursuant to s. 112.3145
  737  in the proposed system.
  738         Section 10. Paragraphs (a) and (b) of subsection (1),
  739  paragraph (a) of subsection (2), and subsection (3) of section
  740  112.3145, Florida Statutes, are amended, present subsection (9)
  741  of that section is renumbered as subsection (11), and new
  742  subsections (9) and (10) are added to that section, to read:
  743         112.3145 Disclosure of financial interests and clients
  744  represented before agencies.—
  745         (1) For purposes of this section, unless the context
  746  otherwise requires, the term:
  747         (a) “Local officer” means:
  748         1. Every person who is elected to office in any political
  749  subdivision of the state, and every person who is appointed to
  750  fill a vacancy for an unexpired term in such an elective office.
  751         2. Any appointed member of any of the following boards,
  752  councils, commissions, authorities, or other bodies of any
  753  county, municipality, school district, independent special
  754  district, or other political subdivision of the state:
  755         a. The governing body of the political subdivision, if
  756  appointed;
  757         b. An expressway authority or transportation authority
  758  established by general law;
  759         b.c. A community college or junior college district board
  760  of trustees;
  761         c.d. A board having the power to enforce local code
  762  provisions;
  763         d.e. A planning or zoning board, board of adjustment, board
  764  of appeals, community redevelopment agency board, or other board
  765  having the power to recommend, create, or modify land planning
  766  or zoning within the political subdivision, except for citizen
  767  advisory committees, technical coordinating committees, and such
  768  other groups who only have the power to make recommendations to
  769  planning or zoning boards;
  770         e.f. A pension board or retirement board having the power
  771  to invest pension or retirement funds or the power to make a
  772  binding determination of one’s entitlement to or amount of a
  773  pension or other retirement benefit; or
  774         f.g. Any other appointed member of a local government board
  775  who is required to file a statement of financial interests by
  776  the appointing authority or the enabling legislation, ordinance,
  777  or resolution creating the board.
  778         3. Any person holding one or more of the following
  779  positions: mayor; county or city manager; chief administrative
  780  employee of a county, municipality, or other political
  781  subdivision; county or municipal attorney; finance director of a
  782  county, municipality, or other political subdivision; chief
  783  county or municipal building code inspector; county or municipal
  784  water resources coordinator; county or municipal pollution
  785  control director; county or municipal environmental control
  786  director; county or municipal administrator, with power to grant
  787  or deny a land development permit; chief of police; fire chief;
  788  municipal clerk; district school superintendent; community
  789  college president; district medical examiner; or purchasing
  790  agent having the authority to make any purchase exceeding the
  791  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  792  behalf of any political subdivision of the state or any entity
  793  thereof.
  794         (b) “Specified state employee” means:
  795         1. Public counsel created by chapter 350, an assistant
  796  state attorney, an assistant public defender, a criminal
  797  conflict and civil regional counsel, an assistant criminal
  798  conflict and civil regional counsel, a full-time state employee
  799  who serves as counsel or assistant counsel to any state agency,
  800  the Deputy Chief Judge of Compensation Claims, a judge of
  801  compensation claims, an administrative law judge, or a hearing
  802  officer.
  803         2. Any person employed in the office of the Governor or in
  804  the office of any member of the Cabinet if that person is exempt
  805  from the Career Service System, except persons employed in
  806  clerical, secretarial, or similar positions.
  807         3. The State Surgeon General or each appointed secretary,
  808  assistant secretary, deputy secretary, executive director,
  809  assistant executive director, or deputy executive director of
  810  each state department, commission, board, or council; unless
  811  otherwise provided, the division director, assistant division
  812  director, deputy director, bureau chief, and assistant bureau
  813  chief of any state department or division; or any person having
  814  the power normally conferred upon such persons, by whatever
  815  title.
  816         4. The superintendent or institute director of a state
  817  mental health institute established for training and research in
  818  the mental health field or the warden or director of any major
  819  state institution or facility established for corrections,
  820  training, treatment, or rehabilitation.
  821         5. Business managers, purchasing agents having the power to
  822  make any purchase exceeding the threshold amount provided for in
  823  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  824  personnel officers, or grants coordinators for any state agency.
  825         6. Any person, other than a legislative assistant exempted
  826  by the presiding officer of the house by which the legislative
  827  assistant is employed, who is employed in the legislative branch
  828  of government, except persons employed in maintenance, clerical,
  829  secretarial, or similar positions.
  830         7. Each employee of the Commission on Ethics.
  831         (2)(a) A person seeking nomination or election to a state
  832  or local elective office shall file a statement of financial
  833  interests together with, and at the same time he or she files,
  834  qualifying papers. When a candidate has qualified for office
  835  prior to the deadline to file an annual statement of financial
  836  interests, the statement of financial interests that is filed
  837  with the candidate’s qualifying papers shall be deemed to
  838  satisfy the annual disclosure requirement of this section. The
  839  qualifying officer must record that the statement of financial
  840  interests was timely filed. However, if a candidate does not
  841  qualify until after the annual statement of financial interests
  842  has been filed, the candidate may file a copy of his or her
  843  statement with the qualifying officer.
  844         (3) The statement of financial interests for state
  845  officers, specified state employees, local officers, and persons
  846  seeking to qualify as candidates for state or local office shall
  847  be filed even if the reporting person holds no financial
  848  interests requiring disclosure, in which case the statement
  849  shall be marked “not applicable.” Otherwise, the statement of
  850  financial interests shall include, at the filer’s option,
  851  either:
  852         (a)1. All sources of income in excess of 5 percent of the
  853  gross income received during the disclosure period by the person
  854  in his or her own name or by any other person for his or her use
  855  or benefit, excluding public salary. However, this shall not be
  856  construed to require disclosure of a business partner’s sources
  857  of income. The person reporting shall list such sources in
  858  descending order of value with the largest source first;
  859         2. All sources of income to a business entity in excess of
  860  10 percent of the gross income of a business entity in which the
  861  reporting person held a material interest and from which he or
  862  she received an amount which was in excess of 10 percent of his
  863  or her gross income during the disclosure period and which
  864  exceeds $1,500. The period for computing the gross income of the
  865  business entity is the fiscal year of the business entity which
  866  ended on, or immediately prior to, the end of the disclosure
  867  period of the person reporting;
  868         3. The location or description of real property in this
  869  state, except for residences and vacation homes, owned directly
  870  or indirectly by the person reporting, when such person owns in
  871  excess of 5 percent of the value of such real property, and a
  872  general description of any intangible personal property worth in
  873  excess of 10 percent of such person’s total assets. For the
  874  purposes of this paragraph, indirect ownership does not include
  875  ownership by a spouse or minor child; and
  876         4. Every individual liability that equals more than the
  877  reporting person’s net worth; or
  878         (b)1. All sources of gross income in excess of $2,500
  879  received during the disclosure period by the person in his or
  880  her own name or by any other person for his or her use or
  881  benefit, excluding public salary. However, this shall not be
  882  construed to require disclosure of a business partner’s sources
  883  of income. The person reporting shall list such sources in
  884  descending order of value with the largest source first;
  885         2. All sources of income to a business entity in excess of
  886  10 percent of the gross income of a business entity in which the
  887  reporting person held a material interest and from which he or
  888  she received gross income exceeding $5,000 during the disclosure
  889  period. The period for computing the gross income of the
  890  business entity is the fiscal year of the business entity which
  891  ended on, or immediately prior to, the end of the disclosure
  892  period of the person reporting;
  893         3. The location or description of real property in this
  894  state, except for residence and vacation homes, owned directly
  895  or indirectly by the person reporting, when such person owns in
  896  excess of 5 percent of the value of such real property, and a
  897  general description of any intangible personal property worth in
  898  excess of $10,000. For the purpose of this paragraph, indirect
  899  ownership does not include ownership by a spouse or minor child;
  900  and
  901         4. Every liability in excess of $10,000.
  902  
  903  A person filing a statement of financial interests shall
  904  indicate on the statement whether he or she is using the method
  905  specified in paragraph (a) or paragraph (b) of this subsection.
  906         (9)(a) The commission shall treat an amended statement of
  907  financial interests that is filed prior to September 1 of the
  908  current year as the original filing, regardless of whether a
  909  complaint has been filed. If a complaint pertaining to the
  910  current year alleges a failure to properly and accurately
  911  disclose any information required by this section or if a
  912  complaint filed pertaining to a previous reporting period within
  913  the preceding 5 years alleges a failure to properly and
  914  accurately disclose any information required to be disclosed by
  915  this section, the commission may immediately follow complaint
  916  procedures in s. 112.324. However, if a complaint filed after
  917  August 25 alleges an immaterial, inconsequential, or de minimis
  918  error or omission, the commission may not take any action on the
  919  complaint, other than notifying the filer of the complaint. The
  920  filer must be given 30 days to file an amended statement of
  921  financial interests correcting any errors. If the filer does not
  922  file an amended statement of financial interests within 30 days
  923  after the commission sends notice of the complaint, the
  924  commission may continue with proceedings pursuant to s. 112.324.
  925         (b) For purposes of the final statement of financial
  926  interests, the commission shall treat a new final statement of
  927  financial interests, as the original filing, if filed within 60
  928  days of the original filing regardless of whether a complaint
  929  has been filed. If, more than 60 days after a final statement of
  930  financial interests is filed, a complaint is filed alleging a
  931  complete omission of any information required to be disclosed by
  932  this section, the commission may immediately follow the
  933  complaint procedures in s. 112.324. However, if the complaint
  934  alleges an immaterial, inconsequential, or de minimis error or
  935  omission, the commission may not take any action on the
  936  complaint other than notifying the filer of the complaint. The
  937  filer must be given 30 days to file a new final statement of
  938  financial interests correcting any errors. If the filer does not
  939  file a new final statement of financial interests within 30 days
  940  after the commission sends notice of the complaint, the
  941  commission may continue with proceedings pursuant to s. 112.324.
  942         (c) For purposes of this section, an error or omission is
  943  immaterial, inconsequential, or de minimis if the original
  944  filing provided sufficient information for the public to
  945  identify potential conflicts of interest.
  946         (10)(a) An individual required to file a disclosure
  947  pursuant to this section may have the disclosure prepared by a
  948  certified public accountant licensed under chapter 473. After
  949  preparing a disclosure form, the certified public accountant
  950  must sign the form indicating that he or she prepared the form
  951  in accordance with this section and the instructions for
  952  completing and filing the disclosure forms and that, upon his or
  953  her reasonable knowledge and belief, the disclosure is true and
  954  correct. If a complaint is filed alleging a failure to disclose
  955  information required by this section, the commission shall
  956  determine whether the information was disclosed to the certified
  957  public accountant. The failure of the certified public
  958  accountant to accurately transcribe information provided by the
  959  individual who is required to file the disclosure does not
  960  constitute a violation of this section.
  961         (b) An elected officer or candidate who chooses to use a
  962  certified public accountant to prepare his or her disclosure may
  963  pay for the services of the certified public accountant from
  964  funds in an office account created pursuant to s. 106.141 or,
  965  during a year that the individual qualifies for election to
  966  public office, the candidate’s campaign depository pursuant to
  967  s. 106.021.
  968         Section 11. Section 112.31455, Florida Statutes, is created
  969  to read:
  970         112.31455Collection methods for unpaid automatic fines for
  971  failure to timely file disclosure of financial interests.—
  972         (1) Before referring any unpaid fine accrued pursuant to s.
  973  112.3144(5) or s. 112.3145(6) to the Department of Financial
  974  Services, the commission shall attempt to determine whether the
  975  individual owing such a fine is a current public officer or
  976  current public employee. If so, the commission may notify the
  977  Chief Financial Officer or the governing body of the appropriate
  978  county, municipality, or special district of the total amount of
  979  any fine owed to the commission by such individual.
  980         (a) After receipt and verification of the notice from the
  981  commission, the Chief Financial Officer or the governing body of
  982  the county, municipality, or special district shall begin
  983  withholding the lesser of 10 percent or the maximum amount
  984  allowed under federal law from any salary-related payment. The
  985  withheld payments shall be remitted to the commission until the
  986  fine is satisfied.
  987         (b) The Chief Financial Officer or the governing body of
  988  the county, municipality, or special district may retain an
  989  amount of each withheld payment, as provided in s. 77.0305, to
  990  cover the administrative costs incurred under this section.
  991         (2) If the commission determines that the individual who is
  992  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  993  or s. 112.3145(6) is no longer a public officer or public
  994  employee or if the commission is unable to determine whether the
  995  individual is a current public officer or public employee, the
  996  commission may, 6 months after the order becomes final:
  997         (a) Record the final order as a judgment lien against any
  998  real or personal property within the state pursuant to chapter
  999  55. Upon recording the order imposing the fine with the clerk of
 1000  the circuit court, the order shall be deemed a judgment for
 1001  purposes of chapter 55; or
 1002         (b) Seek garnishment of any wages to satisfy the amount of
 1003  the fine, or any unpaid portion thereof, pursuant to chapter 77.
 1004  Upon recording the order imposing the fine with the clerk of the
 1005  circuit court, the order shall be deemed a judgment for purposes
 1006  of garnishment pursuant to chapter 77.
 1007         (3) If a person holds an interest of $10,000 or less in a
 1008  single motor vehicle as defined in s. 320.01, that interest is
 1009  exempt from the collection methods authorized by this section.
 1010         (4) The commission may refer unpaid fines to the
 1011  appropriate collection agency, as directed by the Chief
 1012  Financial Officer, to utilize any collection methods provided by
 1013  law. Except as expressly limited by this section, any other
 1014  collection methods authorized by law are allowed.
 1015         (5) Action may be taken to collect any unpaid fine imposed
 1016  by ss. 112.3144 and 112.3145 within 20 years after the date the
 1017  final order is rendered.
 1018         Section 12. Section 112.3147, Florida Statutes, is amended
 1019  to read:
 1020         112.3147 Forms.—Except as otherwise provided, all
 1021  information required to be furnished by ss. 112.313, 112.3143,
 1022  112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II
 1023  of the State Constitution shall be on forms prescribed by the
 1024  Commission on Ethics.
 1025         Section 13. Paragraph (e) of subsection (2) of section
 1026  112.3148, Florida Statutes, is amended and paragraph (f) is
 1027  added to that subsection, and subsections (3) through (5) of
 1028  that section are amended, to read:
 1029         112.3148 Reporting and prohibited receipt of gifts by
 1030  individuals filing full or limited public disclosure of
 1031  financial interests and by procurement employees.—
 1032         (2) As used in this section:
 1033         (e) “Procurement employee” means any employee of an
 1034  officer, department, board, commission, or council, or agency of
 1035  the executive branch or judicial branch of state government who
 1036  has participated in the preceding 12 months participates through
 1037  decision, approval, disapproval, recommendation, preparation of
 1038  any part of a purchase request, influencing the content of any
 1039  specification or procurement standard, rendering of advice,
 1040  investigation, or auditing or in any other advisory capacity in
 1041  the procurement of contractual services or commodities as
 1042  defined in s. 287.012, if the cost of such services or
 1043  commodities exceeds or is expected to exceed $10,000 $1,000 in
 1044  any fiscal year.
 1045         (f) “Vendor” means a business entity doing business
 1046  directly with an agency, such as renting, leasing, or selling
 1047  any realty, goods, or services.
 1048         (3) A reporting individual or procurement employee is
 1049  prohibited from soliciting any gift from a vendor doing business
 1050  with the reporting individual’s or procurement employee’s agency
 1051  or from a political committee or committee of continuous
 1052  existence, as defined in s. 106.011, or from a lobbyist who
 1053  lobbies the reporting individual’s or procurement employee’s
 1054  agency, or the partner, firm, employer, or principal of such
 1055  lobbyist, where such gift is for the personal benefit of the
 1056  reporting individual or procurement employee, another reporting
 1057  individual or procurement employee, or any member of the
 1058  immediate family of a reporting individual or procurement
 1059  employee.
 1060         (4) A reporting individual or procurement employee or any
 1061  other person on his or her behalf is prohibited from knowingly
 1062  accepting, directly or indirectly, a gift from a vendor doing
 1063  business with the reporting individual’s or procurement
 1064  employee’s agency or from a political committee or committee of
 1065  continuous existence, as defined in s. 106.011, or from a
 1066  lobbyist who lobbies the reporting individual’s or procurement
 1067  employee’s agency, or directly or indirectly on behalf of the
 1068  partner, firm, employer, or principal of a lobbyist, if he or
 1069  she knows or reasonably believes that the gift has a value in
 1070  excess of $100; however, such a gift may be accepted by such
 1071  person on behalf of a governmental entity or a charitable
 1072  organization. If the gift is accepted on behalf of a
 1073  governmental entity or charitable organization, the person
 1074  receiving the gift shall not maintain custody of the gift for
 1075  any period of time beyond that reasonably necessary to arrange
 1076  for the transfer of custody and ownership of the gift.
 1077         (5)(a)  A vendor doing business with the reporting
 1078  individual’s or procurement employee’s agency A political
 1079  committee or a committee of continuous existence, as defined in
 1080  s. 106.011; a lobbyist who lobbies a reporting individual’s or
 1081  procurement employee’s agency; the partner, firm, employer, or
 1082  principal of a lobbyist; or another on behalf of the lobbyist or
 1083  partner, firm, principal, or employer of the lobbyist is
 1084  prohibited from giving, either directly or indirectly, a gift
 1085  that has a value in excess of $100 to the reporting individual
 1086  or procurement employee or any other person on his or her
 1087  behalf; however, such person may give a gift having a value in
 1088  excess of $100 to a reporting individual or procurement employee
 1089  if the gift is intended to be transferred to a governmental
 1090  entity or a charitable organization.
 1091         (b) However, a person who is regulated by this subsection,
 1092  who is not regulated by subsection (6), and who makes, or
 1093  directs another to make, an individual gift having a value in
 1094  excess of $25, but not in excess of $100, other than a gift that
 1095  the donor knows will be accepted on behalf of a governmental
 1096  entity or charitable organization, must file a report on the
 1097  last day of each calendar quarter for the previous calendar
 1098  quarter in which a reportable gift is made. The report shall be
 1099  filed with the Commission on Ethics, except with respect to
 1100  gifts to reporting individuals of the legislative branch, in
 1101  which case the report shall be filed with the Office of
 1102  Legislative Services. The report must contain a description of
 1103  each gift, the monetary value thereof, the name and address of
 1104  the person making such gift, the name and address of the
 1105  recipient of the gift, and the date such gift is given. In
 1106  addition, if a gift is made which requires the filing of a
 1107  report under this subsection, the donor must notify the intended
 1108  recipient at the time the gift is made that the donor, or
 1109  another on his or her behalf, will report the gift under this
 1110  subsection. Under this paragraph, a gift need not be reported by
 1111  more than one person or entity.
 1112         Section 14. Section 112.31485, Florida Statutes, is created
 1113  to read:
 1114         112.31485Prohibition on gifts involving political
 1115  committees and committees of continuous existence.—
 1116         (1)(a) For purposes of this section, the term “gift” means
 1117  any purchase, payment, distribution, loan, advance, transfer of
 1118  funds, or disbursement of money or anything of value that is not
 1119  primarily related to contributions, expenditures, or other
 1120  political activities authorized pursuant to chapter 106.
 1121         (b) For purposes of this section, the term “immediate
 1122  family” means any parent, spouse, child, or sibling.
 1123         (2)(a) A reporting individual or procurement employee or a
 1124  member of his or her immediate family is prohibited from
 1125  soliciting or knowingly accepting, directly or indirectly, any
 1126  gift from a political committee or committee of continuous
 1127  existence.
 1128         (b) A political committee or committee of continuous
 1129  existence is prohibited from giving, directly or indirectly, any
 1130  gift to a reporting individual or procurement employee or a
 1131  member of his or her immediate family.
 1132         (3) Any person who violates this section is subject to a
 1133  civil penalty equal to three times the amount of the gift. Such
 1134  penalty is in addition to the penalties provided in s. 112.317
 1135  and shall be paid to the General Revenue Fund of the state. A
 1136  reporting individual or procurement employee or a member of his
 1137  or her immediate family who violates this section is personally
 1138  liable for payment of the treble penalty. Any agent or person
 1139  acting on behalf of a political committee or committee of
 1140  continuous existence who gives a prohibited gift is personally
 1141  liable for payment of the treble penalty.
 1142         Section 15. Paragraph (e) of subsection (1) of section
 1143  112.3149, Florida Statutes, is amended, and paragraph (f) is
 1144  added to that subsection, and subsections (3) and (4) of that
 1145  section are amended, to read:
 1146         112.3149 Solicitation and disclosure of honoraria.—
 1147         (1) As used in this section:
 1148         (e) “Procurement employee” means any employee of an
 1149  officer, department, board, commission, or council, or agency of
 1150  the executive branch or judicial branch of state government who
 1151  has participated in the preceding 12 months participates through
 1152  decision, approval, disapproval, recommendation, preparation of
 1153  any part of a purchase request, influencing the content of any
 1154  specification or procurement standard, rendering of advice,
 1155  investigation, or auditing or in any other advisory capacity in
 1156  the procurement of contractual services or commodities as
 1157  defined in s. 287.012, if the cost of such services or
 1158  commodities exceeds $10,000 $1,000 in any fiscal year.
 1159         (f) “Vendor” means a business entity doing business
 1160  directly with an agency, such as renting, leasing, or selling
 1161  any realty, goods, or services.
 1162         (3) A reporting individual or procurement employee is
 1163  prohibited from knowingly accepting an honorarium from a
 1164  political committee or committee of continuous existence, as
 1165  defined in s. 106.011, from a vendor doing business with the
 1166  reporting individual’s or procurement employee’s agency, from a
 1167  lobbyist who lobbies the reporting individual’s or procurement
 1168  employee’s agency, or from the employer, principal, partner, or
 1169  firm of such a lobbyist.
 1170         (4) A political committee or committee of continuous
 1171  existence, as defined in s. 106.011, a vendor doing business
 1172  with the reporting individual’s or procurement employee’s
 1173  agency, a lobbyist who lobbies a reporting individual’s or
 1174  procurement employee’s agency, or the employer, principal,
 1175  partner, or firm of such a lobbyist is prohibited from giving an
 1176  honorarium to a reporting individual or procurement employee.
 1177         Section 16. Section 112.317, Florida Statutes, is amended
 1178  to read:
 1179         112.317 Penalties.—
 1180         (1) Any violation of any provision of this part, including,
 1181  but not limited to, any failure to file any disclosures required
 1182  by this part or violation of any standard of conduct imposed by
 1183  this part, or any violation of any provision of s. 8, Art. II of
 1184  the State Constitution, in addition to any criminal penalty or
 1185  other civil penalty involved, shall, under applicable
 1186  constitutional and statutory procedures, constitutes constitute
 1187  grounds for, and may be punished by, one or more of the
 1188  following:
 1189         (a) In the case of a public officer:
 1190         1. Impeachment.
 1191         2. Removal from office.
 1192         3. Suspension from office.
 1193         4. Public censure and reprimand.
 1194         5. Forfeiture of no more than one-third of his or her
 1195  salary per month for no more than 12 months.
 1196         6. A civil penalty not to exceed $10,000.
 1197         7. Restitution of any pecuniary benefits received because
 1198  of the violation committed. The commission may recommend that
 1199  the restitution penalty be paid to the agency of which the
 1200  public officer was a member or to the General Revenue Fund.
 1201         (b) In the case of an employee or a person designated as a
 1202  public officer by this part who otherwise would be deemed to be
 1203  an employee:
 1204         1. Dismissal from employment.
 1205         2. Suspension from employment for not more than 90 days
 1206  without pay.
 1207         3. Demotion.
 1208         4. Reduction in his or her salary level.
 1209         5. Forfeiture of no more than one-third salary per month
 1210  for no more than 12 months.
 1211         6. A civil penalty not to exceed $10,000.
 1212         7. Restitution of any pecuniary benefits received because
 1213  of the violation committed. The commission may recommend that
 1214  the restitution penalty be paid to the agency by which the
 1215  public employee was employed, or of which the officer was deemed
 1216  to be an employee, or to the General Revenue Fund.
 1217         8. Public censure and reprimand.
 1218         (c) In the case of a candidate who violates the provisions
 1219  of this part or s. 8(a) and (i), Art. II of the State
 1220  Constitution:
 1221         1. Disqualification from being on the ballot.
 1222         2. Public censure.
 1223         3. Reprimand.
 1224         4. A civil penalty not to exceed $10,000.
 1225         (d) In the case of a former public officer or employee who
 1226  has violated a provision applicable to former officers or
 1227  employees or whose violation occurred before the officer’s or
 1228  employee’s leaving public office or employment:
 1229         1. Public censure and reprimand.
 1230         2. A civil penalty not to exceed $10,000.
 1231         3. Restitution of any pecuniary benefits received because
 1232  of the violation committed. The commission may recommend that
 1233  the restitution penalty be paid to the agency of the public
 1234  officer or employee or to the General Revenue Fund.
 1235         (e) In the case of a person who is subject to the standards
 1236  of this part, other than a lobbyist or lobbying firm under s.
 1237  112.3215 for a violation of s. 112.3215, but who is not a public
 1238  officer or employee:
 1239         1. Public censure and reprimand.
 1240         2. A civil penalty not to exceed $10,000.
 1241         3. Restitution of any pecuniary benefits received because
 1242  of the violation committed. The commission may recommend that
 1243  the restitution penalty be paid to the agency of the person or
 1244  to the General Revenue Fund.
 1245         (2) In any case in which the commission finds a violation
 1246  of this part or of s. 8, Art. II of the State Constitution and
 1247  the proper disciplinary official or body under s. 112.324
 1248  imposes a civil penalty or restitution penalty, the Attorney
 1249  General shall bring a civil action to recover such penalty. No
 1250  defense may be raised in the civil action to enforce the civil
 1251  penalty or order of restitution that could have been raised by
 1252  judicial review of the administrative findings and
 1253  recommendations of the commission by certiorari to the district
 1254  court of appeal. The Attorney General shall collect any costs,
 1255  attorney’s fees, expert witness fees, or other costs of
 1256  collection incurred in bringing the action.
 1257         (3) The penalties prescribed in this part shall not be
 1258  construed to limit or to conflict with:
 1259         (a) The power of either house of the Legislature to
 1260  discipline its own members or impeach a public officer.
 1261         (b) The power of agencies to discipline officers or
 1262  employees.
 1263         (4) Any violation of this part or of s. 8, Art. II of the
 1264  State Constitution by a public officer constitutes shall
 1265  constitute malfeasance, misfeasance, or neglect of duty in
 1266  office within the meaning of s. 7, Art. IV of the State
 1267  Constitution.
 1268         (5) By order of the Governor, upon recommendation of the
 1269  commission, any elected municipal officer who violates any
 1270  provision of this part or of s. 8, Art. II of the State
 1271  Constitution may be suspended from office and the office filled
 1272  by appointment for the period of suspension. The suspended
 1273  officer may at any time before removal be reinstated by the
 1274  Governor. The Senate may, in proceedings prescribed by law,
 1275  remove from office, or reinstate, the suspended official, and
 1276  for such purpose the Senate may be convened in special session
 1277  by its President or by a majority of its membership.
 1278         (6) In any case in which the commission finds probable
 1279  cause to believe that a complainant has committed perjury in
 1280  regard to any document filed with, or any testimony given
 1281  before, the commission, it shall refer such evidence to the
 1282  appropriate law enforcement agency for prosecution and taxation
 1283  of costs.
 1284         (7) In any case in which the commission determines that a
 1285  person has filed a complaint against a public officer or
 1286  employee with a malicious intent to injure the reputation of
 1287  such officer or employee by filing the complaint with knowledge
 1288  that the complaint contains one or more false allegations or
 1289  with reckless disregard for whether the complaint contains false
 1290  allegations of fact material to a violation of this part, the
 1291  complainant shall be liable for costs plus reasonable attorney
 1292  attorney’s fees incurred in the defense of the person complained
 1293  against, including the costs and reasonable attorney attorney’s
 1294  fees incurred in proving entitlement to and the amount of costs
 1295  and fees. If the complainant fails to pay such costs and fees
 1296  voluntarily within 30 days following such finding by the
 1297  commission, the commission shall forward such information to the
 1298  Department of Legal Affairs, which shall bring a civil action in
 1299  a court of competent jurisdiction to recover the amount of such
 1300  costs and fees awarded by the commission.
 1301         Section 17. Paragraphs (a) and (c) of subsection (8) and
 1302  subsection (10) of section 112.3215, Florida Statutes, are
 1303  amended, present subsections (11) through (14) are renumbered as
 1304  (12) through (15), respectively, and a new subsection (11) is
 1305  added to that section to read:
 1306         112.3215 Lobbying before the executive branch or the
 1307  Constitution Revision Commission; registration and reporting;
 1308  investigation by commission.—
 1309         (8)(a) The commission shall investigate every sworn
 1310  complaint that is filed with it alleging that a person covered
 1311  by this section has failed to register, has failed to submit a
 1312  compensation report, has made a prohibited expenditure, or has
 1313  knowingly submitted false information in any report or
 1314  registration required in this section.
 1315         (c) The commission shall investigate any lobbying firm,
 1316  lobbyist, principal, agency, officer, or employee upon receipt
 1317  of information from a sworn complaint or from a random audit of
 1318  lobbying reports indicating a possible violation other than a
 1319  late-filed report.
 1320         (10) If the Governor and Cabinet finds that a violation
 1321  occurred, it may reprimand the violator, censure the violator,
 1322  or prohibit the violator from lobbying all agencies for a period
 1323  not to exceed 2 years. If the violator is a lobbying firm,
 1324  lobbyist, or principal, the Governor and Cabinet may also assess
 1325  a fine of not more than $5,000 to be deposited in the Executive
 1326  Branch Lobby Registration Trust Fund.
 1327         (11) Any person who is required to be registered or to
 1328  provide information under this section or under rules adopted
 1329  pursuant to this section and who knowingly fails to disclose any
 1330  material fact that is required by this section or by rules
 1331  adopted pursuant to this section, or who knowingly provides
 1332  false information on any report required by this section or by
 1333  rules adopted pursuant to this section, commits a noncriminal
 1334  infraction, punishable by a fine not to exceed $5,000. Such
 1335  penalty is in addition to any other penalty assessed by the
 1336  Governor and Cabinet pursuant to subsection (10).
 1337         Section 18. Section 112.324, Florida Statutes, is amended
 1338  to read:
 1339         112.324 Procedures on complaints of violations and
 1340  referrals; public records and meeting exemptions.—
 1341         (1) Upon a written complaint executed on a form prescribed
 1342  by the commission and signed under oath or affirmation by any
 1343  person, The commission shall investigate an any alleged
 1344  violation of this part or any other alleged breach of the public
 1345  trust within the jurisdiction of the commission as provided in
 1346  s. 8(f), Art. II of the State Constitution: in accordance with
 1347  procedures set forth herein.
 1348         (a) Upon a written complaint executed on a form prescribed
 1349  by the commission and signed under oath of affirmation by any
 1350  person; or
 1351         (b) Upon receipt of a written referral of a possible
 1352  violation of this part or other possible breach of the public
 1353  trust from the Governor, the Department of Law Enforcement, a
 1354  state attorney, or a United States Attorney which at least six
 1355  members of the commission determine is sufficient to indicate a
 1356  violation of this part or any other breach of the public trust.
 1357  
 1358  Within 5 days after receipt of a complaint by the commission or
 1359  a determination by at least six members of the commission that
 1360  the referral received is deemed sufficient, a copy shall be
 1361  transmitted to the alleged violator.
 1362         (2)(a) The complaint and records relating to the complaint
 1363  or to any preliminary investigation held by the commission or
 1364  its agents, by a Commission on Ethics and Public Trust
 1365  established by any county defined in s. 125.011(1) or by any
 1366  municipality defined in s. 165.031, or by any county or
 1367  municipality that has established a local investigatory process
 1368  to enforce more stringent standards of conduct and disclosure
 1369  requirements as provided in s. 112.326 are confidential and
 1370  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1371  of the State Constitution.
 1372         (b) Any proceeding conducted by the commission, a
 1373  Commission on Ethics and Public Trust, or a county or
 1374  municipality that has established such local investigatory
 1375  process, pursuant to a complaint or preliminary investigation,
 1376  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1377  the State Constitution, and s. 120.525.
 1378         (c) The exemptions in paragraphs (a) and (b) apply until
 1379  the complaint is dismissed as legally insufficient, until the
 1380  alleged violator requests in writing that such records and
 1381  proceedings be made public, or until the commission, a
 1382  Commission on Ethics and Public Trust, or a county or
 1383  municipality that has established such local investigatory
 1384  process determines, based on such investigation, whether
 1385  probable cause exists to believe that a violation has occurred.
 1386  In no event shall A complaint or referral under this part
 1387  against a candidate in any general, special, or primary election
 1388  may not be filed nor may or any intention of filing such a
 1389  complaint or referral be disclosed on the day of any such
 1390  election or within the 30 5 days immediately preceding the date
 1391  of the election, unless the complaint or referral is based upon
 1392  personal information or information other than hearsay.
 1393         (d) This subsection is subject to the Open Government
 1394  Sunset Review Act in accordance with s. 119.15 and shall stand
 1395  repealed on October 2, 2015, unless reviewed and saved from
 1396  repeal through reenactment by the Legislature.
 1397         (3) A preliminary investigation shall be undertaken by the
 1398  commission of each legally sufficient complaint or referral over
 1399  which the commission has jurisdiction to determine whether there
 1400  is probable cause to believe that a violation has occurred. If,
 1401  upon completion of the preliminary investigation, the commission
 1402  finds no probable cause to believe that this part has been
 1403  violated or that any other breach of the public trust has been
 1404  committed, the commission shall dismiss the complaint or
 1405  referral with the issuance of a public report to the complainant
 1406  and the alleged violator, stating with particularity its reasons
 1407  for dismissal of the complaint. At that time, the complaint or
 1408  referral and all materials relating to the complaint or referral
 1409  shall become a matter of public record. If the commission finds
 1410  from the preliminary investigation probable cause to believe
 1411  that this part has been violated or that any other breach of the
 1412  public trust has been committed, it shall so notify the
 1413  complainant and the alleged violator in writing. Such
 1414  notification and all documents made or received in the
 1415  disposition of the complaint or referral shall then become
 1416  public records. Upon request submitted to the commission in
 1417  writing, any person who the commission finds probable cause to
 1418  believe has violated any provision of this part or has committed
 1419  any other breach of the public trust shall be entitled to a
 1420  public hearing. Such person shall be deemed to have waived the
 1421  right to a public hearing if the request is not received within
 1422  14 days following the mailing of the probable cause notification
 1423  required by this subsection. However, the commission may on its
 1424  own motion, require a public hearing, may conduct such further
 1425  investigation as it deems necessary, and may enter into such
 1426  stipulations and settlements as it finds to be just and in the
 1427  best interest of the state. The commission is without
 1428  jurisdiction to, and no respondent may voluntarily or
 1429  involuntarily, enter into a stipulation or settlement which
 1430  imposes any penalty, including, but not limited to, a sanction
 1431  or admonition or any other penalty contained in s. 112.317.
 1432  Penalties shall be imposed only by the appropriate disciplinary
 1433  authority as designated in this section.
 1434         (4) If, in cases pertaining to members of the Legislature,
 1435  upon completion of a full and final investigation by the
 1436  commission, the commission finds that there has been a violation
 1437  of this part or of any provision of s. 8, Art. II of the State
 1438  Constitution, the commission shall forward a copy of the
 1439  complaint or referral and its findings by certified mail to the
 1440  President of the Senate or the Speaker of the House of
 1441  Representatives, whichever is applicable, who shall refer the
 1442  complaint or referral to the appropriate committee for
 1443  investigation and action which shall be governed by the rules of
 1444  its respective house. It is shall be the duty of the committee
 1445  to report its final action upon the matter complaint to the
 1446  commission within 90 days of the date of transmittal to the
 1447  respective house. Upon request of the committee, the commission
 1448  shall submit a recommendation as to what penalty, if any, should
 1449  be imposed. In the case of a member of the Legislature, the
 1450  house in which the member serves has shall have the power to
 1451  invoke the penalty provisions of this part.
 1452         (5) If, in cases pertaining to complaints against
 1453  impeachable officers, upon completion of a full and final
 1454  investigation by the commission, the commission finds that there
 1455  has been a violation of this part or of any provision of s. 8,
 1456  Art. II of the State Constitution, and the commission finds that
 1457  the violation may constitute grounds for impeachment, the
 1458  commission shall forward a copy of the complaint or referral and
 1459  its findings by certified mail to the Speaker of the House of
 1460  Representatives, who shall refer the complaint or referral to
 1461  the appropriate committee for investigation and action which
 1462  shall be governed by the rules of the House of Representatives.
 1463  It is shall be the duty of the committee to report its final
 1464  action upon the matter complaint to the commission within 90
 1465  days of the date of transmittal.
 1466         (6) If the commission finds that there has been a violation
 1467  of this part or of any provision of s. 8, Art. II of the State
 1468  Constitution by an impeachable officer other than the Governor,
 1469  and the commission recommends public censure and reprimand,
 1470  forfeiture of a portion of the officer’s salary, a civil
 1471  penalty, or restitution, the commission shall report its
 1472  findings and recommendation of disciplinary action to the
 1473  Governor, who has shall have the power to invoke the penalty
 1474  provisions of this part.
 1475         (7) If the commission finds that there has been a violation
 1476  of this part or of any provision of s. 8, Art. II of the State
 1477  Constitution by the Governor, and the commission recommends
 1478  public censure and reprimand, forfeiture of a portion of the
 1479  Governor’s salary, a civil penalty, or restitution, the
 1480  commission shall report its findings and recommendation of
 1481  disciplinary action to the Attorney General, who shall have the
 1482  power to invoke the penalty provisions of this part.
 1483         (8) If, in cases pertaining to complaints other than
 1484  complaints or referrals against impeachable officers or members
 1485  of the Legislature, upon completion of a full and final
 1486  investigation by the commission, the commission finds that there
 1487  has been a violation of this part or of s. 8, Art. II of the
 1488  State Constitution, it is shall be the duty of the commission to
 1489  report its findings and recommend appropriate action to the
 1490  proper disciplinary official or body as follows, and such
 1491  official or body has shall have the power to invoke the penalty
 1492  provisions of this part, including the power to order the
 1493  appropriate elections official to remove a candidate from the
 1494  ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
 1495  II of the State Constitution:
 1496         (a) The President of the Senate and the Speaker of the
 1497  House of Representatives, jointly, in any case concerning the
 1498  Public Counsel, members of the Public Service Commission,
 1499  members of the Public Service Commission Nominating Council, the
 1500  Auditor General, or the director of the Office of Program Policy
 1501  Analysis and Government Accountability.
 1502         (b) The Supreme Court, in any case concerning an employee
 1503  of the judicial branch.
 1504         (c) The President of the Senate, in any case concerning an
 1505  employee of the Senate; the Speaker of the House of
 1506  Representatives, in any case concerning an employee of the House
 1507  of Representatives; or the President and the Speaker, jointly,
 1508  in any case concerning an employee of a committee of the
 1509  Legislature whose members are appointed solely by the President
 1510  and the Speaker or in any case concerning an employee of the
 1511  Public Counsel, Public Service Commission, Auditor General, or
 1512  Office of Program Policy Analysis and Government Accountability.
 1513         (d) Except as otherwise provided by this part, the
 1514  Governor, in the case of any other public officer, public
 1515  employee, former public officer or public employee, candidate or
 1516  former candidate, or person who is not a public officer or
 1517  employee, other than lobbyists and lobbying firms under s.
 1518  112.3215 for violations of s. 112.3215.
 1519         (e) The President of the Senate or the Speaker of the House
 1520  of Representatives, whichever is applicable, in any case
 1521  concerning a former member of the Legislature who has violated a
 1522  provision applicable to former members or whose violation
 1523  occurred while a member of the Legislature.
 1524         (9) In addition to reporting its findings to the proper
 1525  disciplinary body or official, the commission shall report these
 1526  findings to the state attorney or any other appropriate official
 1527  or agency having authority to initiate prosecution when
 1528  violation of criminal law is indicated.
 1529         (10) Notwithstanding the foregoing procedures of this
 1530  section, a sworn complaint against any member or employee of the
 1531  Commission on Ethics for violation of this part or of s. 8, Art.
 1532  II of the State Constitution shall be filed with the President
 1533  of the Senate and the Speaker of the House of Representatives.
 1534  Each presiding officer shall, after determining that there are
 1535  sufficient grounds for review, appoint three members of their
 1536  respective bodies to a special joint committee who shall
 1537  investigate the complaint. The members shall elect a chair from
 1538  among their number. If the special joint committee finds
 1539  insufficient evidence to establish probable cause to believe a
 1540  violation of this part or of s. 8, Art. II of the State
 1541  Constitution has occurred, it shall dismiss the complaint. If,
 1542  upon completion of its preliminary investigation, the committee
 1543  finds sufficient evidence to establish probable cause to believe
 1544  a violation has occurred, the chair thereof shall transmit such
 1545  findings to the Governor who shall convene a meeting of the
 1546  Governor, the President of the Senate, the Speaker of the House
 1547  of Representatives, and the Chief Justice of the Supreme Court
 1548  to take such final action on the complaint as they shall deem
 1549  appropriate, consistent with the penalty provisions of this
 1550  part. Upon request of a majority of the Governor, the President
 1551  of the Senate, the Speaker of the House of Representatives, and
 1552  the Chief Justice of the Supreme Court, the special joint
 1553  committee shall submit a recommendation as to what penalty, if
 1554  any, should be imposed.
 1555         (11)(a) Notwithstanding subsections (1)-(8), the commission
 1556  shall dismiss any complaint or referral at any stage of
 1557  disposition should it determine that the violation that is
 1558  alleged or has occurred is a de minimis violation attributable
 1559  to inadvertent or unintentional error. In determining whether a
 1560  violation was de minimis, the commission shall consider whether
 1561  the interests of the public were protected despite the
 1562  violation. This subsection does not apply to complaints or
 1563  referrals pursuant to ss. 112.3144 and 112.3145.
 1564         (b) For the purposes of this subsection, a de minimis
 1565  violation is any violation that is unintentional and not
 1566  material in nature.
 1567         (12)(11) Notwithstanding the provisions of subsections (1)
 1568  (8), the commission may, at its discretion, dismiss any
 1569  complaint or referral at any stage of disposition should it
 1570  determine that the public interest would not be served by
 1571  proceeding further, in which case the commission shall issue a
 1572  public report stating with particularity its reasons for the
 1573  dismissal.
 1574         Section 19. For the purpose of incorporating the amendment
 1575  made by this act to section 112.3143, Florida Statutes, in a
 1576  reference thereto, subsection (1) of section 120.665, Florida
 1577  Statutes, is reenacted to read:
 1578         120.665 Disqualification of agency personnel.—
 1579         (1) Notwithstanding the provisions of s. 112.3143, any
 1580  individual serving alone or with others as an agency head may be
 1581  disqualified from serving in an agency proceeding for bias,
 1582  prejudice, or interest when any party to the agency proceeding
 1583  shows just cause by a suggestion filed within a reasonable
 1584  period of time prior to the agency proceeding. If the
 1585  disqualified individual was appointed, the appointing power may
 1586  appoint a substitute to serve in the matter from which the
 1587  individual is disqualified. If the individual is an elected
 1588  official, the Governor may appoint a substitute to serve in the
 1589  matter from which the individual is disqualified. However, if a
 1590  quorum remains after the individual is disqualified, it shall
 1591  not be necessary to appoint a substitute.
 1592         Section 20. For the purpose of incorporating the amendment
 1593  made by this act to section 112.3143, Florida Statutes, in a
 1594  reference thereto, section 286.012, Florida Statutes, is
 1595  reenacted to read:
 1596         286.012 Voting requirement at meetings of governmental
 1597  bodies.—No member of any state, county, or municipal
 1598  governmental board, commission, or agency who is present at any
 1599  meeting of any such body at which an official decision, ruling,
 1600  or other official act is to be taken or adopted may abstain from
 1601  voting in regard to any such decision, ruling, or act; and a
 1602  vote shall be recorded or counted for each such member present,
 1603  except when, with respect to any such member, there is, or
 1604  appears to be, a possible conflict of interest under the
 1605  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such
 1606  cases, said member shall comply with the disclosure requirements
 1607  of s. 112.3143.
 1608         Section 21. For the purpose of incorporating the amendment
 1609  made by this act to section 112.324, Florida Statutes, in a
 1610  reference thereto, section 287.175, Florida Statutes, is
 1611  reenacted to read:
 1612         287.175 Penalties.—A violation of this part or a rule
 1613  adopted hereunder, pursuant to applicable constitutional and
 1614  statutory procedures, constitutes misuse of public position as
 1615  defined in s. 112.313(6), and is punishable as provided in s.
 1616  112.317. The Chief Financial Officer shall report incidents of
 1617  suspected misuse to the Commission on Ethics, and the commission
 1618  shall investigate possible violations of this part or rules
 1619  adopted hereunder when reported by the Chief Financial Officer,
 1620  notwithstanding the provisions of s. 112.324. Any violation of
 1621  this part or a rule adopted hereunder shall be presumed to have
 1622  been committed with wrongful intent, but such presumption is
 1623  rebuttable. Nothing in this section is intended to deny rights
 1624  provided to career service employees by s. 110.227.
 1625         Section 22. Paragraph (c) of subsection (1) of section
 1626  288.901, Florida Statutes, is amended to read:
 1627         288.901 Enterprise Florida, Inc.—
 1628         (1) CREATION.—
 1629         (c) The Legislature determines that it is in the public
 1630  interest for the members of Enterprise Florida, Inc., board of
 1631  directors to be subject to the requirements of ss. 112.3135,
 1632  112.3143(2) 112.3143, and 112.313, excluding s. 112.313(2),
 1633  notwithstanding the fact that the board members are not public
 1634  officers or employees. For purposes of those sections, the board
 1635  members shall be considered to be public officers or employees.
 1636  The exemption set forth in s. 112.313(12) for advisory boards
 1637  applies to the members of Enterprise Florida, Inc., board of
 1638  directors. Further, each member of the board of directors who is
 1639  not otherwise required to file financial disclosures pursuant to
 1640  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1641  file disclosure of financial interests pursuant to s. 112.3145.
 1642         Section 23. Subsection (1) of section 445.007, Florida
 1643  Statutes, is reenacted for the purpose of incorporating the
 1644  amendment made by this act to section 112.3143, Florida
 1645  Statutes, in a reference thereto, and subsection (11) of that
 1646  section is amended, to read:
 1647         445.007 Regional workforce boards.—
 1648         (1) One regional workforce board shall be appointed in each
 1649  designated service delivery area and shall serve as the local
 1650  workforce investment board pursuant to Pub. L. No. 105-220. The
 1651  membership of the board shall be consistent with Pub. L. No.
 1652  105-220, Title I, s. 117(b) but may not exceed the minimum
 1653  membership required in Pub. L. No. 105-220, Title I, s.
 1654  117(b)(2)(A) and in this subsection. Upon approval by the
 1655  Governor, the chief elected official may appoint additional
 1656  members above the limit set by this subsection. If a public
 1657  education or training provider is represented on the board, a
 1658  representative of a private nonprofit provider and a
 1659  representative of a private for-profit provider must also be
 1660  appointed to the board. The board shall include one nonvoting
 1661  representative from a military installation if a military
 1662  installation is located within the region and the appropriate
 1663  military command or organization authorizes such representation.
 1664  It is the intent of the Legislature that membership of a
 1665  regional workforce board include persons who are current or
 1666  former recipients of welfare transition assistance as defined in
 1667  s. 445.002(2) or workforce services as provided in s. 445.009(1)
 1668  or that such persons be included as ex officio members of the
 1669  board or of committees organized by the board. The importance of
 1670  minority and gender representation shall be considered when
 1671  making appointments to the board. The board, its committees,
 1672  subcommittees, and subdivisions, and other units of the
 1673  workforce system, including units that may consist in whole or
 1674  in part of local governmental units, may use any method of
 1675  telecommunications to conduct meetings, including establishing a
 1676  quorum through telecommunications, provided that the public is
 1677  given proper notice of the telecommunications meeting and
 1678  reasonable access to observe and, when appropriate, participate.
 1679  Regional workforce boards are subject to chapters 119 and 286
 1680  and s. 24, Art. I of the State Constitution. If the regional
 1681  workforce board enters into a contract with an organization or
 1682  individual represented on the board of directors, the contract
 1683  must be approved by a two-thirds vote of the board, a quorum
 1684  having been established, and the board member who could benefit
 1685  financially from the transaction must abstain from voting on the
 1686  contract. A board member must disclose any such conflict in a
 1687  manner that is consistent with the procedures outlined in s.
 1688  112.3143. Each member of a regional workforce board who is not
 1689  otherwise required to file a full and public disclosure of
 1690  financial interests pursuant to s. 8, Art. II of the State
 1691  Constitution or s. 112.3144 shall file a statement of financial
 1692  interests pursuant to s. 112.3145. The executive director or
 1693  designated person responsible for the operational and
 1694  administrative functions of the regional workforce board who is
 1695  not otherwise required to file a full and public disclosure of
 1696  financial interests pursuant to s. 8, Art. II of the State
 1697  Constitution or s. 112.3144 shall file a statement of financial
 1698  interests pursuant to s. 112.3145.
 1699         (11) To increase transparency and accountability, a
 1700  regional workforce board must comply with the requirements of
 1701  this section before contracting with a member of the board or a
 1702  relative, as defined in s. 112.3143(1)(c) 112.3143(1)(b), of a
 1703  board member or of an employee of the board. Such contracts may
 1704  not be executed before or without the approval of Workforce
 1705  Florida, Inc. Such contracts, as well as documentation
 1706  demonstrating adherence to this section as specified by
 1707  Workforce Florida, Inc., must be submitted to the Department of
 1708  Economic Opportunity for review and recommendation according to
 1709  criteria to be determined by Workforce Florida, Inc. Such a
 1710  contract must be approved by a two-thirds vote of the board, a
 1711  quorum having been established; all conflicts of interest must
 1712  be disclosed before the vote; and any member who may benefit
 1713  from the contract, or whose relative may benefit from the
 1714  contract, must abstain from the vote. A contract under $25,000
 1715  between a regional workforce board and a member of that board or
 1716  between a relative, as defined in s. 112.3143(1)(c)
 1717  112.3143(1)(b), of a board member or of an employee of the board
 1718  is not required to have the prior approval of Workforce Florida,
 1719  Inc., but must be approved by a two-thirds vote of the board, a
 1720  quorum having been established, and must be reported to the
 1721  Department of Economic Opportunity and Workforce Florida, Inc.,
 1722  within 30 days after approval. If a contract cannot be approved
 1723  by Workforce Florida, Inc., a review of the decision to
 1724  disapprove the contract may be requested by the regional
 1725  workforce board or other parties to the disapproved contract.
 1726         Section 24. For the purpose of incorporating the amendment
 1727  made by this act to section 112.3143, Florida Statutes, in a
 1728  reference thereto, paragraph (m) of subsection (5) of section
 1729  627.311, Florida Statutes, is reenacted to read:
 1730         627.311 Joint underwriters and joint reinsurers; public
 1731  records and public meetings exemptions.—
 1732         (5)
 1733         (m) Senior managers and officers, as defined in the plan of
 1734  operation, and members of the board of governors are subject to
 1735  the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
 1736  112.316, and 112.317. Senior managers, officers, and board
 1737  members are also required to file such disclosures with the
 1738  Commission on Ethics and the Office of Insurance Regulation. The
 1739  executive director of the plan or his or her designee shall
 1740  notify each newly appointed and existing appointed member of the
 1741  board of governors, senior manager, and officer of his or her
 1742  duty to comply with the reporting requirements of s. 112.3145.
 1743  At least quarterly, the executive director of the plan or his or
 1744  her designee shall submit to the Commission on Ethics a list of
 1745  names of the senior managers, officers, and members of the board
 1746  of governors who are subject to the public disclosure
 1747  requirements under s. 112.3145. Notwithstanding s. 112.313, an
 1748  employee, officer, owner, or director of an insurance agency,
 1749  insurance company, or other insurance entity may be a member of
 1750  the board of governors unless such employee, officer, owner, or
 1751  director of an insurance agency, insurance company, other
 1752  insurance entity, or an affiliate provides policy issuance,
 1753  policy administration, underwriting, claims handling, or payroll
 1754  audit services. Notwithstanding s. 112.3143, such board member
 1755  may not participate in or vote on a matter if the insurance
 1756  agency, insurance company, or other insurance entity would
 1757  obtain a special or unique benefit that would not apply to other
 1758  similarly situated insurance entities.
 1759         Section 25. For the purpose of incorporating the amendment
 1760  made to this act to section 112.3143, Florida Statutes, in a
 1761  reference thereto, paragraph (d) of subsection (6) of section
 1762  627.351, Florida Statutes, is reenacted to read:
 1763         627.351 Insurance risk apportionment plans.—
 1764         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1765         (d)1. All prospective employees for senior management
 1766  positions, as defined by the plan of operation, are subject to
 1767  background checks as a prerequisite for employment. The office
 1768  shall conduct the background checks pursuant to ss. 624.34,
 1769  624.404(3), and 628.261.
 1770         2. On or before July 1 of each year, employees of the
 1771  corporation must sign and submit a statement attesting that they
 1772  do not have a conflict of interest, as defined in part III of
 1773  chapter 112. As a condition of employment, all prospective
 1774  employees must sign and submit to the corporation a conflict-of
 1775  interest statement.
 1776         3. Senior managers and members of the board of governors
 1777  are subject to part III of chapter 112, including, but not
 1778  limited to, the code of ethics and public disclosure and
 1779  reporting of financial interests, pursuant to s. 112.3145.
 1780  Notwithstanding s. 112.3143(2), a board member may not vote on
 1781  any measure that would inure to his or her special private gain
 1782  or loss; that he or she knows would inure to the special private
 1783  gain or loss of any principal by whom he or she is retained or
 1784  to the parent organization or subsidiary of a corporate
 1785  principal by which he or she is retained, other than an agency
 1786  as defined in s. 112.312; or that he or she knows would inure to
 1787  the special private gain or loss of a relative or business
 1788  associate of the public officer. Before the vote is taken, such
 1789  member shall publicly state to the assembly the nature of his or
 1790  her interest in the matter from which he or she is abstaining
 1791  from voting and, within 15 days after the vote occurs, disclose
 1792  the nature of his or her interest as a public record in a
 1793  memorandum filed with the person responsible for recording the
 1794  minutes of the meeting, who shall incorporate the memorandum in
 1795  the minutes. Senior managers and board members are also required
 1796  to file such disclosures with the Commission on Ethics and the
 1797  Office of Insurance Regulation. The executive director of the
 1798  corporation or his or her designee shall notify each existing
 1799  and newly appointed member of the board of governors and senior
 1800  managers of their duty to comply with the reporting requirements
 1801  of part III of chapter 112. At least quarterly, the executive
 1802  director or his or her designee shall submit to the Commission
 1803  on Ethics a list of names of the senior managers and members of
 1804  the board of governors who are subject to the public disclosure
 1805  requirements under s. 112.3145.
 1806         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 1807  provision of law, an employee or board member may not knowingly
 1808  accept, directly or indirectly, any gift or expenditure from a
 1809  person or entity, or an employee or representative of such
 1810  person or entity, which has a contractual relationship with the
 1811  corporation or who is under consideration for a contract. An
 1812  employee or board member who fails to comply with subparagraph
 1813  3. or this subparagraph is subject to penalties provided under
 1814  ss. 112.317 and 112.3173.
 1815         5. Any senior manager of the corporation who is employed on
 1816  or after January 1, 2007, regardless of the date of hire, who
 1817  subsequently retires or terminates employment is prohibited from
 1818  representing another person or entity before the corporation for
 1819  2 years after retirement or termination of employment from the
 1820  corporation.
 1821         6. Any senior manager of the corporation who is employed on
 1822  or after January 1, 2007, regardless of the date of hire, who
 1823  subsequently retires or terminates employment is prohibited from
 1824  having any employment or contractual relationship for 2 years
 1825  with an insurer that has entered into a take-out bonus agreement
 1826  with the corporation.
 1827         Section 26. This act shall take effect upon becoming a law.