Florida Senate - 2013         (Proposed Committee Bill) SPB 7006
       
       
       
       FOR CONSIDERATION By the Committee on Ethics and Elections
       
       
       
       
       582-00635A-13                                         20137006__
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.312, F.S.;
    3         revising the definition of “gift” to exclude specified
    4         expenditures of a committee of continuous existence;
    5         creating s. 112.3125, F.S.; defining the term “public
    6         officer”; prohibiting public officers from accepting
    7         additional employment with the state or any of its
    8         political subdivisions; providing exceptions; amending
    9         s. 112.313, F.S.; providing that a member of the
   10         Legislature may not personally represent another
   11         person or entity for compensation before any state
   12         agency for a period of 2 years following vacation of
   13         office; providing exceptions; providing that no member
   14         of the Legislature may associate as a partner,
   15         principal, or employee of a firm whose primary purpose
   16         is lobbying the Legislature within the first 2 years
   17         after vacation of office under specified conditions;
   18         establishing filing requirements for a sworn
   19         statement; 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 each of the Legislature to provide for
   24         ethics training pursuant to its rules; creating s.
   25         112.31425, F.S.; providing legislative findings;
   26         providing that holding an economic interest in a
   27         qualified blind trust is not a prohibited conflict of
   28         interest; providing that a public officer may not
   29         attempt to influence, exercise control of, or obtain
   30         information regarding the holdings of the qualified
   31         blind trust; prohibiting communication regarding the
   32         qualified blind trust between a public officer or a
   33         person having a beneficial interest in the trust and
   34         the trustee; providing exceptions; requiring a public
   35         officer to report the qualified blind trust and its
   36         value on his or her financial disclosure form under
   37         specified circumstances; establishing requirements for
   38         creation of a qualified blind trust; requiring a
   39         public officer who holds a qualified blind trust to
   40         file a notice with the Commission on Ethics; requiring
   41         a covered public official to file an amendment to his
   42         or her most recent financial disclosure statement
   43         under specified conditions; amending s. 112.3143,
   44         F.S.; providing definitions for “principal” and
   45         “special gain or loss”; requiring state public
   46         officers to abstain from voting on any matter that the
   47         officer knows would inure to his or her special
   48         private gain or loss; requiring that a memorandum
   49         filed after a vote be filed no later than 15 days
   50         after the vote; providing that a member of the
   51         Legislature satisfies the disclosure requirement by
   52         filing a form created pursuant to the rules of his or
   53         her respective house; amending s. 112.3144, F.S.;
   54         authorizing the commission or the Department of
   55         Financial Services to collect an unpaid fine within a
   56         specified period of the initial report of the
   57         automatic fine; providing timeframes for the filing of
   58         certain complaints; authorizing filing individuals to
   59         file an amended statement during a specified timeframe
   60         under specified conditions; authorizing the commission
   61         to immediately follow complaint procedures under
   62         specified conditions; prohibiting the commission from
   63         taking action on complaints alleging immaterial,
   64         inconsequential, or de minimis errors or omissions;
   65         providing what constitutes an immaterial,
   66         inconsequential, or de minimis error or omission;
   67         authorizing an individual required to file a
   68         disclosure to have the statement prepared by a
   69         certified public accountant; requiring a certified
   70         public accountant to attest to the veracity of the
   71         disclosure; requiring the commission to determine if a
   72         certified public accountant failed to disclose
   73         information provided by the filing individual on the
   74         filed statement; providing that the filing individual
   75         is not in violation of the section if a certified
   76         public accountant was in custody of such information
   77         but failed to disclose it on the statement;
   78         authorizing an elected officer or candidate to use
   79         funds in an office account or campaign depository to
   80         pay a certified public accountant for preparing a
   81         disclosure; creating s. 112.31445, F.S.; providing a
   82         definition for “electronic filing system”; requiring
   83         all disclosures of financial interests filed with the
   84         commission to be scanned and made publicly available
   85         on a searchable Internet database beginning with the
   86         2012 filing year; requiring the commission to submit a
   87         proposal to the President of the Senate and the
   88         Speaker of the House of Representatives for a
   89         mandatory electronic filing system by a specified
   90         date; establishing minimum requirements for the
   91         commission’s proposal; amending s. 112.3145, F.S.;
   92         authorizing the commission or the Department of
   93         Financial Services to collect an unpaid fine within a
   94         specified period of the initial report of the
   95         automatic fine; providing timeframes for the filing of
   96         certain complaints; authorizing filing individuals to
   97         file an amended statement during a specified timeframe
   98         under specified conditions; authorizing the commission
   99         to immediately follow complaint procedures under
  100         specified conditions; prohibiting the commission from
  101         taking action on complaints alleging immaterial,
  102         inconsequential, or de minimis errors or omissions;
  103         providing what constitutes an immaterial,
  104         inconsequential, or de minimis error or omission;
  105         authorizing an individual required to file a
  106         disclosure to have the statement prepared by a
  107         certified public accountant; requiring a certified
  108         public accountant to attest to the veracity of the
  109         disclosure; requiring the commission to determine if a
  110         certified public accountant failed to disclose
  111         information provided by the filing individual on the
  112         filed statement; providing that the filing individual
  113         is not in violation of the section if a certified
  114         public accountant was in custody of such information
  115         but failed to disclose it on the statement;
  116         authorizing an elected officer or candidate to use
  117         funds in an office account or campaign depository to
  118         pay a certified public accountant for preparing a
  119         disclosure; creating s. 112.31455, F.S.; requiring the
  120         commission to determine whether an individual owing
  121         certain fines is a current public officer or public
  122         employee or is currently receiving public contract
  123         payments; requiring the commission to notify the Chief
  124         Financial Officer or the governing body of a county,
  125         municipality, or special district of the total amount
  126         of any fine owed to the commission by such
  127         individuals; requiring that the Chief Financial
  128         Officer or the governing body of a county,
  129         municipality, or special district begin withholding 10
  130         percent of any payment from public monies that would
  131         otherwise be paid to the current public officer,
  132         public employee, or individual currently receiving
  133         public contract payments; requiring that the withheld
  134         payments be remitted to the commission until the fine
  135         is satisfied; authorizing the Chief Financial Officer
  136         or the governing body to retain a percentage of
  137         payment for administrative costs; authorizing
  138         collection methods for the commission or the
  139         Department of Financial Services for individuals who
  140         are no longer public officers or public employees or
  141         who are no longer receiving public contract payments;
  142         amending s. 112.3147, F.S.; providing an exception to
  143         the requirement that all forms be prescribed by the
  144         commission; amending s. 112.3148, F.S.; deleting
  145         references to political committees and committees of
  146         continuous existence; creating s. 112.31485, F.S.;
  147         providing definitions for “gift” and “immediate
  148         family”; prohibiting a reporting individual or
  149         procurement employee or a member of his or her
  150         immediate family from soliciting or knowingly
  151         accepting any gift from a political committee or
  152         committee of continuous existence; prohibiting a
  153         political committee or committee of continuous
  154         existence from giving any gift to a reporting
  155         individual or procurement employee or a member of his
  156         or her immediate family; providing penalties for a
  157         violation; requiring that individuals who violate this
  158         section be held personally liable; reenacting ss.
  159         112.317(1)-(5), F.S., relating to civil penalties, to
  160         incorporate the amendments made to s. 112.3143, F.S.,
  161         and the creation of s. 112.31485, F.S., in a reference
  162         thereto; amending s. 112.324, F.S.; authorizing
  163         specified parties to submit written referrals of a
  164         possible violation of the Code of Ethics for Public
  165         Officers and Employees or other possible breaches of
  166         the public trust to the Commission on Ethics;
  167         establishing procedures for the receipt of written
  168         referrals by the commission; extending the period in
  169         which the disclosure of the intent to file or the
  170         filing of a complaint against a candidate is
  171         prohibited; providing exceptions; requiring the
  172         commission to dismiss a complaint of a de minimus
  173         violation; providing exceptions; defining a de minimus
  174         violation; reenacting s. 120.665, F.S., relating to
  175         disqualification of agency personnel, to incorporate
  176         the amendments to s. 112.3143, F.S., in a reference
  177         thereto; reenacting s. 286.012, F.S., relating to
  178         voting requirements at meetings of governmental
  179         bodies, to incorporate the amendments made to s.
  180         112.3143, F.S., in a reference thereto; reenacting s.
  181         287.175, F.S., relating to penalties, to incorporate
  182         the amendments made to s. 112.324, F.S., in a
  183         reference thereto; reenacting s. 288.901(1)(c), F.S.,
  184         relating to Enterprise Florida, Inc., to incorporate
  185         the amendments made to s. 112.3143, F.S., in a
  186         reference thereto; amending s. 445.007, F.S., and
  187         reenacting subsection (1), relating to regional
  188         workforce boards, to incorporate the amendments made
  189         to s. 112.3143, F.S., in a reference thereto;
  190         correcting cross-references; reenacting s.
  191         627.311(5)(m), F.S., relating to joint underwriters
  192         and joint reinsurers, to incorporate the amendments
  193         made to s. 112.3143, F.S., in a reference thereto;
  194         reenacting s. 627.351(6)(d), F.S., relating to
  195         Citizens Property Insurance Corporation, to
  196         incorporate the amendments made to s. 112.3143, F.S.;
  197         providing an effective date.
  198  
  199  Be It Enacted by the Legislature of the State of Florida:
  200  
  201         Section 1. Paragraph (b) of subsection (12) of section
  202  112.312, Florida Statutes, is amended to read:
  203         112.312 Definitions.—As used in this part and for purposes
  204  of the provisions of s. 8, Art. II of the State Constitution,
  205  unless the context otherwise requires:
  206         (12)
  207         (b) “Gift” does not include:
  208         1. Salary, benefits, services, fees, commissions, gifts, or
  209  expenses associated primarily with the donee’s employment,
  210  business, or service as an officer or director of a corporation
  211  or organization.
  212         2. Except as provided in s. 112.31485, contributions or
  213  expenditures reported pursuant to chapter 106, contributions or
  214  expenditures reported pursuant to federal election law,
  215  campaign-related personal services provided without compensation
  216  by individuals volunteering their time, or any other
  217  contribution or expenditure by a political party or affiliated
  218  party committee.
  219         3. An honorarium or an expense related to an honorarium
  220  event paid to a person or the person’s spouse.
  221         4. An award, plaque, certificate, or similar personalized
  222  item given in recognition of the donee’s public, civic,
  223  charitable, or professional service.
  224         5. An honorary membership in a service or fraternal
  225  organization presented merely as a courtesy by such
  226  organization.
  227         6. The use of a public facility or public property, made
  228  available by a governmental agency, for a public purpose.
  229         7. Transportation provided to a public officer or employee
  230  by an agency in relation to officially approved governmental
  231  business.
  232         8. Gifts provided directly or indirectly by a state,
  233  regional, or national organization which promotes the exchange
  234  of ideas between, or the professional development of,
  235  governmental officials or employees, and whose membership is
  236  primarily composed of elected or appointed public officials or
  237  staff, to members of that organization or officials or staff of
  238  a governmental agency that is a member of that organization.
  239         Section 2. Section 112.3125, Florida Statutes, is created
  240  to read:
  241         112.3125Dual public employment.—
  242         (1) As used in this section, the term “public officer”
  243  includes any person who is elected to either house of the
  244  Legislature or, for the period of his or her candidacy, any
  245  person who has qualified as a candidate for legislative office.
  246         (2) A public officer may not accept additional public
  247  employment with the state or any of its political subdivisions.
  248         (3) A person who was employed by the state or any of its
  249  political subdivisions before qualifying as a public officer for
  250  his or her current term of office, or the next available term of
  251  office, may continue his or her employment except as otherwise
  252  provided by law. However, he or she may not accept promotion,
  253  advancement, additional compensation, or anything of value that
  254  he or she knows, or with the exercise of reasonable care should
  255  know, is provided or given as a result of his or her election or
  256  position, or that is otherwise inconsistent with the promotion,
  257  advancement, additional compensation, or anything of value
  258  provided or given an employee who is similarly situated.
  259         (4) This section does not apply to a qualified person
  260  seeking a position as an educator whose primary duties are
  261  instructional, as opposed to managerial or administrative, in
  262  nature.
  263         Section 3. Paragraph (a) of subsection (9) of section
  264  112.313, Florida Statutes, is amended to read:
  265         112.313 Standards of conduct for public officers, employees
  266  of agencies, and local government attorneys.—
  267         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  268  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  269         (a)1. It is the intent of the Legislature to implement by
  270  statute the provisions of s. 8(e), Art. II of the State
  271  Constitution relating to legislators, statewide elected
  272  officers, appointed state officers, and designated public
  273  employees.
  274         2. As used in this paragraph:
  275         a. “Employee” means:
  276         (I) Any person employed in the executive or legislative
  277  branch of government holding a position in the Senior Management
  278  Service as defined in s. 110.402 or any person holding a
  279  position in the Selected Exempt Service as defined in s. 110.602
  280  or any person having authority over policy or procurement
  281  employed by the Department of the Lottery.
  282         (II) The Auditor General, the director of the Office of
  283  Program Policy Analysis and Government Accountability, the
  284  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  285  at Arms and Clerk of the House of Representatives.
  286         (III) The executive director and deputy executive director
  287  of the Commission on Ethics.
  288         (IV) An executive director, staff director, or deputy staff
  289  director of each joint committee, standing committee, or select
  290  committee of the Legislature; an executive director, staff
  291  director, executive assistant, analyst, or attorney of the
  292  Office of the President of the Senate, the Office of the Speaker
  293  of the House of Representatives, the Senate Majority Party
  294  Office, Senate Minority Party Office, House Majority Party
  295  Office, or House Minority Party Office; or any person, hired on
  296  a contractual basis, having the power normally conferred upon
  297  such persons, by whatever title.
  298         (V) The Chancellor and Vice Chancellors of the State
  299  University System; the general counsel to the Board of Governors
  300  of the State University System; and the president, provost, vice
  301  presidents, and deans of each state university.
  302         (VI) Any person, including an other-personal-services
  303  employee, having the power normally conferred upon the positions
  304  referenced in this sub-subparagraph.
  305         b. “Appointed state officer” means any member of an
  306  appointive board, commission, committee, council, or authority
  307  of the executive or legislative branch of state government whose
  308  powers, jurisdiction, and authority are not solely advisory and
  309  include the final determination or adjudication of any personal
  310  or property rights, duties, or obligations, other than those
  311  relative to its internal operations.
  312         c. “State agency” means an entity of the legislative,
  313  executive, or judicial branch of state government over which the
  314  Legislature exercises plenary budgetary and statutory control.
  315         3. No member of the Legislature, appointed state officer,
  316  or statewide elected officer shall personally represent another
  317  person or entity for compensation before the government body or
  318  agency of which the individual was an officer or member for a
  319  period of 2 years following vacation of office. No member of the
  320  Legislature shall personally represent another person or entity
  321  for compensation during his or her term of office, or for a
  322  period of 2 years following vacation of office, before any state
  323  agency other than judicial tribunals or in settlement
  324  negotiations after the filing of a lawsuit. No member shall
  325  associate as a partner, principal, or employee of a firm whose
  326  primary purpose is lobbying the Legislature for a period of 2
  327  years following vacation of office for the purpose of drafting,
  328  strategizing, consulting, advising or in any way working on
  329  matters that will come before the Legislature, or provide
  330  networking or relationship building services with sitting
  331  members of the Legislature. For purposes of this prohibition,
  332  employment, partnership, or association with a principal, firm,
  333  or entity whose primary purpose is legislative lobbying is
  334  presumptively prohibited unless the principal, firm, entity, or
  335  former member first seeks an opinion from the commission. The
  336  employer, association or partnership, principal, firm, or entity
  337  affiliating with a former member of the Legislature must file
  338  annually a sworn statement with the Secretary of the Senate or
  339  the Clerk of the House of Representatives affirming that the
  340  former member did not engage in any of the prohibited
  341  activities. If the former member who is employed as a lobbyist
  342  served in both houses of the Legislature, the employer,
  343  association or partnership, principal, firm, or entity
  344  affiliating with the former member must file the sworn statement
  345  with the Secretary of the Senate and the Clerk of the House of
  346  Representatives.
  347         4. An agency employee, including an agency employee who was
  348  employed on July 1, 2001, in a Career Service System position
  349  that was transferred to the Selected Exempt Service System under
  350  chapter 2001-43, Laws of Florida, may not personally represent
  351  another person or entity for compensation before the agency with
  352  which he or she was employed for a period of 2 years following
  353  vacation of position, unless employed by another agency of state
  354  government.
  355         5. Any person violating this paragraph shall be subject to
  356  the penalties provided in s. 112.317 and a civil penalty of an
  357  amount equal to the compensation which the person receives for
  358  the prohibited conduct.
  359         6. This paragraph is not applicable to:
  360         a. A person employed by the Legislature or other agency
  361  prior to July 1, 1989;
  362         b. A person who was employed by the Legislature or other
  363  agency on July 1, 1989, whether or not the person was a defined
  364  employee on July 1, 1989;
  365         c. A person who was a defined employee of the State
  366  University System or the Public Service Commission who held such
  367  employment on December 31, 1994;
  368         d. A person who has reached normal retirement age as
  369  defined in s. 121.021(29), and who has retired under the
  370  provisions of chapter 121 by July 1, 1991; or
  371         e. Any appointed state officer whose term of office began
  372  before January 1, 1995, unless reappointed to that office on or
  373  after January 1, 1995.
  374         Section 4. Section 112.3142, Florida Statutes, is created
  375  to read:
  376         112.3142Ethics training for specified constitutional
  377  officers.—
  378         (1) As used in this section, the term “constitutional
  379  officers” includes the Governor, the Lieutenant Governor, the
  380  Attorney General, the Chief Financial Officer, the Commissioner
  381  of Agriculture, state attorneys, public defenders, sheriffs, tax
  382  collectors, property appraisers, supervisors of elections,
  383  clerks of the circuit court, county commissioners, district
  384  school board members, and superintendents of schools.
  385         (2) All constitutional officers must complete an annual 4
  386  hour ethics training that addresses, at a minimum, s. 8, Art. II
  387  of the State Constitution, the Code of Ethics for Public
  388  Officers and Employees, and the public records and public
  389  meetings laws of this state. This requirement may be satisfied
  390  by completion of a continuing legal education class or other
  391  continuing professional education class, seminar, or
  392  presentation if the required subjects are covered.
  393         (3) Each house of the Legislature shall provide for ethics
  394  training pursuant to its rules.
  395         Section 5. Section 112.31425, Florida Statutes, is created
  396  to read:
  397         112.31425Qualified blind trusts.—
  398         (1) The Legislature finds that if a public officer creates
  399  a trust and does not control the interests held by the trust,
  400  his or her official actions will not be influenced or appear to
  401  be influenced by private considerations.
  402         (2)If a public officer holds a beneficial interest in a
  403  qualified blind trust as described in this section, he or she
  404  does not have a conflict of interest prohibited under s.
  405  112.313(3) or (7) or a voting conflict of interest under s.
  406  112.3143 with regard to matters pertaining to that interest.
  407         (3)The public officer may not attempt to influence or
  408  exercise any control over decisions regarding the management of
  409  assets in a qualified blind trust. The public officer or any
  410  person having a beneficial interest in the qualified blind trust
  411  may not make any effort to obtain information with respect to
  412  the holdings of the trust, including obtaining a copy of any
  413  trust tax return filed or any information relating thereto,
  414  except as otherwise provided in this section.
  415         (4)Except for communications that consist solely of
  416  requests for distributions of cash or other unspecified assets
  417  of the trust, the public officer or the person who has a
  418  beneficial interest may not have any direct or indirect
  419  communication with the trustee with respect to the trust, unless
  420  such communication is in writing and relates only to:
  421         (a)A request for a distribution from the trust which does
  422  not specify whether the distribution is to be made in cash or in
  423  kind;
  424         (b)The general financial interests and needs of the public
  425  officer or the person who has a beneficial interest, including,
  426  but not limited to, an interest in maximizing income or long
  427  term capital gain;
  428         (c)A notification of the trustee of a law or regulation
  429  subsequently applicable to the public officer which prohibits
  430  the officer from holding an asset and directs that the asset not
  431  be held by the trust; or
  432         (d)A direction to the trustee to sell all of an asset
  433  initially placed in the trust by the public officer which, in
  434  the determination of the public officer, creates a conflict of
  435  interest or the appearance thereof due to the subsequent
  436  assumption of duties by the public officer.
  437         (5)The public officer shall report the beneficial interest
  438  in the qualified blind trust and its value as an asset on his or
  439  her financial disclosure form, if the value is required to be
  440  disclosed. The public officer shall report the blind trust as a
  441  primary source of income on his or her financial disclosure
  442  forms and its amount, if the amount of income is required to be
  443  disclosed. The public officer is not required to report as a
  444  secondary source of income any source of income to the blind
  445  trust.
  446         (6)In order to constitute a qualified blind trust, the
  447  trust established by the public officer must meet the following
  448  requirements:
  449         (a)The person appointed as the trustee may not be:
  450         1.The public officer’s spouse, child, parent, grandparent,
  451  grandchild, brother, sister, parent-in-law, brother-in-law,
  452  sister-in-law, aunt, uncle, or first cousin, or the spouse of
  453  any such person;
  454         2.A person who is an elected or appointed public officer
  455  or a public employee; or
  456         3.A person who has been appointed to serve in an agency by
  457  the public officer or by a public officer or public employee
  458  supervised by the public officer.
  459         (b)The trust agreement that establishes the trust must:
  460         1.Contain a statement that its purpose is to remove from
  461  the grantor control and knowledge of investment of trust assets
  462  so that conflicts between the grantor’s responsibilities as a
  463  public officer and his or her private interests are eliminated.
  464         2.Give the trustee complete discretion to manage the
  465  trust, including, but not limited to, the power to dispose of
  466  and acquire trust assets without consulting or notifying the
  467  covered public officer or the person having a beneficial
  468  interest in the trust.
  469         3.Prohibit communication between the trustee and the
  470  public officer, or the person who has a beneficial interest in
  471  the trust, concerning the holdings or sources of income of the
  472  trust, except amounts of cash value or net income or loss, if
  473  such report does not identify any asset or holding, or except as
  474  provided in this section.
  475         4.Provide that the trust tax return is prepared by the
  476  trustee or his or her designee and that any information relating
  477  thereto is not disclosed to the public officer or to the person
  478  who has a beneficial interest, except as provided in this
  479  section.
  480         5.Permit the trustee to notify the public officer of the
  481  date of disposition and value at disposition of any original
  482  investment or interest in real property to the extent required
  483  by federal tax law so that the information can be reported on
  484  the public officer’s applicable tax returns.
  485         6.Prohibit the trustee from disclosing to the public
  486  officer or the person who has a beneficial interest any
  487  information concerning replacement assets to the trust, except
  488  for the minimum tax information that lists only the totals of
  489  taxable items from the trust and does not describe the source of
  490  individual items of income.
  491         (c)Within 5 business days after the agreement is executed,
  492  the public officer shall file a notice with the commission
  493  setting forth:
  494         1.The date that the agreement is executed;
  495         2.The name and address of the trustee; and
  496         3.The acknowledgement by the trustee that he or she has
  497  agreed to serve as trustee.
  498         (7) If the trust is revoked while the covered public
  499  official is a public officer, or if the covered public official
  500  learns of any replacement assets that have been added to the
  501  trust, the covered public official shall file an amendment to
  502  his or her most recent financial disclosure statement. The
  503  amendment shall be filed no later than 60 days after the date of
  504  revocation or the addition of the replacement assets. The
  505  covered public official shall disclose the previously unreported
  506  pro rata share of the trust’s interests in investments or income
  507  deriving from any such investments. For purposes of this
  508  section, any replacement asset that becomes known to the covered
  509  public official shall thereafter be treated as though it were an
  510  original asset of the trust.
  511         Section 6. Subsections (1) and (2) of section 112.3143,
  512  Florida Statutes, are amended to read:
  513         112.3143 Voting conflicts.—
  514         (1) As used in this section:
  515         (a) “Principal” includes the parent organization or
  516  subsidiary of any person or entity by which the public officer
  517  is retained.
  518         (b)(a) “Public officer” includes any person elected or
  519  appointed to hold office in any agency, including any person
  520  serving on an advisory body.
  521         (c)(b) “Relative” means any father, mother, son, daughter,
  522  husband, wife, brother, sister, father-in-law, mother-in-law,
  523  son-in-law, or daughter-in-law.
  524         (d) “Special private gain or loss” means an economic
  525  benefit or harm that the voting official knows would inure to
  526  the voting official or his or her relative, business associate,
  527  or principal in a unique way or disproportionate to other
  528  members of the group.
  529         (2)(a)A No state public officer may not vote on any matter
  530  that the officer knows would inure to his or her special private
  531  gain or loss is prohibited from voting in an official capacity
  532  on any matter. However, Any state public officer who abstains
  533  from voting in an official capacity upon any measure that which
  534  the officer knows would inure to the officer’s special private
  535  gain or loss or who votes in an official capacity on a measure
  536  that; which he or she knows would inure to the special private
  537  gain or loss of any principal by whom the officer is retained or
  538  to the parent organization or subsidiary of a corporate
  539  principal by which the officer is retained other than an agency
  540  as defined in s. 112.312(2); or which the officer knows would
  541  inure to the special private gain or loss of a relative or
  542  business associate of the public officer, shall make every
  543  reasonable effort to, within 15 days after the vote occurs,
  544  disclose the nature of his or her interest as a public record in
  545  a memorandum filed with the person responsible for recording the
  546  minutes of the meeting, who shall incorporate the memorandum in
  547  the minutes. If it is not possible for the state public officer
  548  to file a memorandum before the vote, the memorandum must be
  549  filed with the person responsible for recording the minutes of
  550  the meeting no later than 15 days after the vote.
  551         (b) A member of the Legislature may satisfy the disclosure
  552  requirements of this section by filing a disclosure form created
  553  pursuant to the rules of the member’s respective house if the
  554  member discloses the information required by this subsection.
  555         Section 7. Paragraph (h) of subsection (5) of section
  556  112.3144, Florida Statutes, is amended, present subsection (7)
  557  is renumbered as subsection (9), and new subsections (7) and (8)
  558  are added to that section, to read:
  559         112.3144 Full and public disclosure of financial
  560  interests.—
  561         (5) Forms for compliance with the full and public
  562  disclosure requirements of s. 8, Art. II of the State
  563  Constitution shall be created by the Commission on Ethics. The
  564  commission shall give notice of disclosure deadlines and
  565  delinquencies and distribute forms in the following manner:
  566         (h) Notwithstanding any provision of chapter 120, any fine
  567  imposed under this subsection which is not waived by final order
  568  of the commission and which remains unpaid more than 60 days
  569  after the notice of payment due or more than 60 days after the
  570  commission renders a final order on the appeal must be submitted
  571  to the Department of Financial Services as a claim, debt, or
  572  other obligation owed to the state, and the department shall
  573  assign the collection of such fine to a collection agent as
  574  provided in s. 17.20. The commission or the Department of
  575  Financial Services may take action to collect any unpaid fine
  576  imposed by this subsection within 20 years after the automatic
  577  fine is initially reported to the Department of Financial
  578  Services.
  579         (7)(a) The commission shall treat an amended full and
  580  public disclosure of financial interests that is filed prior to
  581  September 1 of the current year as the original filing,
  582  regardless of whether a complaint has been filed. If a complaint
  583  pertaining to the current year alleges a failure to properly and
  584  accurately disclose any information required by this section or
  585  if a complaint filed pertaining to a previous reporting period
  586  within the preceding 5 years alleges a failure to properly and
  587  accurately disclose any information required to be disclosed by
  588  this section, the commission may immediately follow complaint
  589  procedures in s. 112.324. However, if a complaint filed after
  590  August 25 alleges an immaterial, inconsequential, or de minimis
  591  error or omission, the commission may not take any action on the
  592  complaint, other than notifying the filer of the complaint. The
  593  filer must be given 30 days to file an amended full and public
  594  disclosure of financial interests correcting any errors. If the
  595  filer does not file an amended full and public disclosure of
  596  financial interests within 30 days after the commission sends
  597  notice of the complaint, the commission may continue with
  598  proceedings pursuant to s. 112.324.
  599         (b) For purposes of the final full and public disclosure of
  600  financial interests, the commission shall treat a new final full
  601  and public disclosure of financial interests as the original
  602  filing if filed within 60 days after the original filing,
  603  regardless of whether a complaint has been filed. If, more than
  604  60 days after a final full and public disclosure of financial
  605  interests is filed, a complaint is filed alleging a complete
  606  omission of any information required to be disclosed by this
  607  section, the commission may immediately follow the complaint
  608  procedures in s. 112.324. However, if the complaint alleges an
  609  immaterial, inconsequential, or de minimis error or omission,
  610  the commission may not take any action on the complaint, other
  611  than notifying the filer of the complaint. The filer must be
  612  given 30 days to file a new final full and public disclosure of
  613  financial interests correcting any errors. If the filer does not
  614  file a new final full and public disclosure of financial
  615  interests within 30 days after the commission sends notice of
  616  the complaint, the commission may continue with proceedings
  617  pursuant to s. 112.324.
  618         (c) For purposes of this section, an error or omission is
  619  immaterial, inconsequential, or de minimis if the original
  620  filing provided sufficient information for the public to
  621  identify potential conflicts of interest.
  622         (8)(a) An individual required to file a disclosure pursuant
  623  to this section may have the disclosure prepared by a certified
  624  public accountant licensed in this state. The certified public
  625  accountant must attest on the form that he or she prepared the
  626  disclosure in accordance with applicable industry standards, if
  627  any, and that, upon his or her reasonable knowledge and belief,
  628  the disclosure is true and correct. If a complaint is filed
  629  alleging a failure to disclose information required by this
  630  section, the commission shall determine whether the information
  631  was disclosed to the certified public accountant. The failure of
  632  the certified public accountant to accurately transcribe
  633  information provided by the individual required to file is not a
  634  violation of this section.
  635         (b) An elected officer or candidate who chooses to use a
  636  certified public accountant to prepare his or her disclosure may
  637  pay for the services of the certified public accountant from
  638  funds in an office account created pursuant to s. 106.141 or,
  639  during a year that the individual qualifies for election to
  640  public office, the candidate’s campaign depository pursuant to
  641  s. 106.021.
  642         Section 8. Section 112.31445, Florida Statutes, is created
  643  to read:
  644         112.31445Electronic filing system; full and public
  645  disclosure of financial interests.—
  646         (1) As used in this section, the term “electronic filing
  647  system” means an Internet system for recording and reporting
  648  full and public disclosure of financial interests or any other
  649  form that is required pursuant to s. 112.3144.
  650         (2) Beginning with the 2012 filing year, all full and
  651  public disclosures of financial interests filed with the
  652  commission pursuant to s. 8, Art. II of the State Constitution
  653  or s. 112.3144 must be scanned and made publicly available by
  654  the commission through a searchable Internet database.
  655         (3) By December 1, 2015, the commission shall submit a
  656  proposal to the President of the Senate and the Speaker of the
  657  House of Representatives for a mandatory electronic filing
  658  system. The proposal must, at a minimum:
  659         (a) Provide for access through the Internet.
  660         (b) Establish a procedure to make filings available in a
  661  searchable format that is accessible by an individual using
  662  standard web-browsing software.
  663         (c) Provide for direct completion of the full and public
  664  disclosure of financial interests forms as well as upload of
  665  such information using software approved by the commission.
  666         (d) Provide a secure method that prevents unauthorized
  667  access to electronic filing system functions.
  668         (e) Provide a method for a certified public accountant
  669  licensed in this state to attest that he or she prepared the
  670  disclosure in accordance with applicable industry standards, if
  671  any, and that, upon his or her reasonable knowledge and belief,
  672  the form is true and correct.
  673         (f) Address whether additional statutory or rulemaking
  674  authority is necessary for implementation of the system, and
  675  must include, at a minimum, the following elements: alternate
  676  filing procedures to be used in the event that the commission’s
  677  electronic filing system is inoperable, issuance of an
  678  electronic receipt via electronic mail indicating and verifying
  679  to the individual who submitted the full and public disclosure
  680  of financial interests form that the form has been filed, and a
  681  determination of the feasibility and necessity of including
  682  statements of financial interests filed pursuant to s. 112.3145
  683  in the proposed system.
  684         Section 9. Paragraph (i) of subsection (6) of section
  685  112.3145, Florida Statutes, is amended, present subsection (9)
  686  of that section is renumbered as subsection (11), and new
  687  subsections (9) and (10) are added to that section, to read:
  688         112.3145 Disclosure of financial interests and clients
  689  represented before agencies.—
  690         (6) Forms for compliance with the disclosure requirements
  691  of this section and a current list of persons subject to
  692  disclosure shall be created by the commission and provided to
  693  each supervisor of elections. The commission and each supervisor
  694  of elections shall give notice of disclosure deadlines and
  695  delinquencies and distribute forms in the following manner:
  696         (i) Notwithstanding any provision of chapter 120, any fine
  697  imposed under this subsection which is not waived by final order
  698  of the commission and which remains unpaid more than 60 days
  699  after the notice of payment due or more than 60 days after the
  700  commission renders a final order on the appeal must be submitted
  701  to the Department of Financial Services as a claim, debt, or
  702  other obligation owed to the state, and the department shall
  703  assign the collection of such a fine to a collection agent as
  704  provided in s. 17.20. The commission or the Department of
  705  Financial Services may take action to collect any unpaid fine
  706  imposed by this subsection within 20 years after the automatic
  707  fine is initially reported to the Department of Financial
  708  Services.
  709         (9)(a) The commission shall treat an amended statement of
  710  financial interests that is filed prior to September 1 of the
  711  current year as the original filing, regardless of whether a
  712  complaint has been filed. If a complaint pertaining to the
  713  current year alleges a failure to properly and accurately
  714  disclose any information required by this section or if a
  715  complaint filed pertaining to a previous reporting period within
  716  the preceding 5 years alleges a failure to properly and
  717  accurately disclose of any information required to be disclosed
  718  by this section, the commission may immediately follow complaint
  719  procedures in s. 112.324. However, if a complaint filed after
  720  August 25 alleges an immaterial, inconsequential, or de minimis
  721  error or omission, the commission may not take any action on the
  722  complaint, other than notifying the filer of the complaint. The
  723  filer must be given 30 days to file an amended statement of
  724  financial interests correcting any errors. If the filer does not
  725  file an amended statement of financial interests within 30 days
  726  after the commission sends notice of the complaint, the
  727  commission may continue with proceedings pursuant to s. 112.324.
  728         (b) For purposes of the final statement of financial
  729  interests, the commission shall treat a new final statement of
  730  financial interests, as the original filing, if filed within 60
  731  days of the original filing regardless of whether a complaint
  732  has been filed. If, more than 60 days after a final statement of
  733  financial interests is filed, a complaint is filed alleging a
  734  complete omission of any information required to be disclosed by
  735  this section, the commission may immediately follow the
  736  complaint procedures in s. 112.324. However, if the complaint
  737  alleges an immaterial, inconsequential, or de minimis error or
  738  omission, the commission may not take any action on the
  739  complaint other than notifying the filer of the complaint. The
  740  filer must be given 30 days to file a new final statement of
  741  financial interests correcting any errors. If the filer does not
  742  file a new final statement of financial interests within 30 days
  743  after the commission sends notice of the complaint, the
  744  commission may continue with proceedings pursuant to s. 112.324.
  745         (c) For purposes of this section, an error or omission is
  746  immaterial, inconsequential, or de minimis if the original
  747  filing provided sufficient information for the public to
  748  identify potential conflicts of interest.
  749         (10)(a) An individual required to file a disclosure
  750  pursuant to this section may have the disclosure prepared by a
  751  certified public accountant licensed in this state. The
  752  certified public accountant must attest on the form that he or
  753  she prepared the disclosure in accordance with applicable
  754  industry standards, if any, and that, upon his or her reasonable
  755  knowledge and belief, the disclosure is true and correct. If a
  756  complaint is filed alleging a failure to disclose information
  757  required by this section, the commission shall determine whether
  758  the information was disclosed to the certified public
  759  accountant. If the certified public accountant had the
  760  information, but failed to accurately transcribe it onto the
  761  form in the manner required, the filing individual in not in
  762  violation of this section.
  763         (b) An elected officer or candidate who chooses to use a
  764  certified public accountant to prepare his or her disclosure may
  765  pay for the services of the certified public accountant from
  766  funds in an office account created pursuant to s. 106.141 or,
  767  during a year that the individual qualifies for election to
  768  public office, the candidate’s campaign depository pursuant to
  769  s. 106.021.
  770         Section 10. Section 112.31455, Florida Statutes, is created
  771  to read:
  772         112.31455Collection methods for unpaid automatic fines for
  773  failure to timely file disclosure of financial interests.—
  774         (1) Before referring any unpaid fine accrued pursuant to s.
  775  112.3144(5) or s. 112.3145(6) to the Department of Financial
  776  Services, the commission shall determine whether the individual
  777  owing such a fine is a current public officer or current public
  778  employee or is currently receiving public contract payments. If
  779  so, the commission shall notify the Chief Financial Officer or
  780  the governing body of the appropriate county, municipality, or
  781  special district of the total amount of any fine owed to the
  782  commission by such individual.
  783         (a) Six months after receipt of notice from the commission,
  784  the Chief Financial Officer or the governing body of the county,
  785  municipality, or special district shall begin withholding 10
  786  percent of any payment made from public moneys or any lesser
  787  amount that will satisfy the outstanding fine, less applicable
  788  state and federal taxes. The withheld payments shall be remitted
  789  to the commission until the fine is satisfied.
  790         (b) The Chief Financial Officer or the governing body of
  791  the county, municipality, or special district may retain up to 2
  792  percent of each payment made in order to cover the
  793  administrative costs incurred under this section.
  794         (2) If the commission determines that the individual who is
  795  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  796  or s. 112.3145(6) is no longer a public officer or public
  797  employee or is no longer receiving public contract payments, the
  798  commission or the Department of Financial Services, 6 months
  799  after the order becomes final, may:
  800         (a) Record the final order as a judgment lien against any
  801  real property within the state pursuant to chapter 55; or
  802         (b) Seek garnishment of any wages pursuant to chapter 77.
  803         (3) Collection methods authorized pursuant to this section
  804  do not exclude any other collection methods statutorily
  805  authorized.
  806         Section 11. Section 112.3147, Florida Statutes, is amended
  807  to read:
  808         112.3147 Forms.—Except as otherwise provided, all
  809  information required to be furnished by ss. 112.313, 112.3143,
  810  112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II
  811  of the State Constitution shall be on forms prescribed by the
  812  Commission on Ethics.
  813         Section 12. Subsections (3) through (5) of section
  814  112.3148, Florida Statutes, are amended to read:
  815         112.3148 Reporting and prohibited receipt of gifts by
  816  individuals filing full or limited public disclosure of
  817  financial interests and by procurement employees.—
  818         (3) A reporting individual or procurement employee is
  819  prohibited from soliciting any gift from a political committee
  820  or committee of continuous existence, as defined in s. 106.011,
  821  or from a lobbyist who lobbies the reporting individual’s or
  822  procurement employee’s agency, or the partner, firm, employer,
  823  or principal of such lobbyist, if where such gift is for the
  824  personal benefit of the reporting individual or procurement
  825  employee, another reporting individual or procurement employee,
  826  or any member of the immediate family of a reporting individual
  827  or procurement employee.
  828         (4) A reporting individual or procurement employee or any
  829  other person on his or her behalf is prohibited from knowingly
  830  accepting, directly or indirectly, a gift from a political
  831  committee or committee of continuous existence, as defined in s.
  832  106.011, or from a lobbyist who lobbies the reporting
  833  individual’s or procurement employee’s agency, or directly or
  834  indirectly on behalf of the partner, firm, employer, or
  835  principal of a lobbyist, if he or she knows or reasonably
  836  believes that the gift has a value in excess of $100; however,
  837  such a gift may be accepted by such person on behalf of a
  838  governmental entity or a charitable organization. If the gift is
  839  accepted on behalf of a governmental entity or charitable
  840  organization, the person receiving the gift shall not maintain
  841  custody of the gift for any period of time beyond that
  842  reasonably necessary to arrange for the transfer of custody and
  843  ownership of the gift.
  844         (5)(a) A political committee or a committee of continuous
  845  existence, as defined in s. 106.011; A lobbyist who lobbies a
  846  reporting individual’s or procurement employee’s agency; the
  847  partner, firm, employer, or principal of a lobbyist; or another
  848  on behalf of the lobbyist or partner, firm, principal, or
  849  employer of the lobbyist is prohibited from giving, either
  850  directly or indirectly, a gift that has a value in excess of
  851  $100 to the reporting individual or procurement employee or any
  852  other person on his or her behalf; however, such person may give
  853  a gift having a value in excess of $100 to a reporting
  854  individual or procurement employee if the gift is intended to be
  855  transferred to a governmental entity or a charitable
  856  organization.
  857         (b) However, a person who is regulated by this subsection,
  858  who is not regulated by subsection (6), and who makes, or
  859  directs another to make, an individual gift having a value in
  860  excess of $25, but not in excess of $100, other than a gift that
  861  the donor knows will be accepted on behalf of a governmental
  862  entity or charitable organization, must file a report on the
  863  last day of each calendar quarter for the previous calendar
  864  quarter in which a reportable gift is made. The report shall be
  865  filed with the Commission on Ethics, except with respect to
  866  gifts to reporting individuals of the legislative branch, in
  867  which case the report shall be filed with the Office of
  868  Legislative Services. The report must contain a description of
  869  each gift, the monetary value thereof, the name and address of
  870  the person making such gift, the name and address of the
  871  recipient of the gift, and the date such gift is given. In
  872  addition, if a gift is made which requires the filing of a
  873  report under this subsection, the donor must notify the intended
  874  recipient at the time the gift is made that the donor, or
  875  another on his or her behalf, will report the gift under this
  876  subsection. Under this paragraph, a gift need not be reported by
  877  more than one person or entity.
  878         Section 13. Section 112.31485, Florida Statutes, is created
  879  to read:
  880         112.31485Prohibition on gifts involving political
  881  committees and committees of continuous existence.—
  882         (1)(a) For purposes of this section, the term “gift” means
  883  any purchase, payment, distribution, loan, advance, transfer of
  884  funds, or disbursement of money or anything of value that is not
  885  primarily related to contributions, expenditures, or other
  886  political activities authorized pursuant to chapter 106.
  887         (b) For purposes of this section, the term “immediate
  888  family” means any parent, spouse, child, or sibling.
  889         (2)(a) A reporting individual or procurement employee or a
  890  member of his or her immediate family is prohibited from
  891  soliciting or knowingly accepting, directly or indirectly, any
  892  gift from a political committee or committee of continuous
  893  existence.
  894         (b) A political committee or committee of continuous
  895  existence is prohibited from giving, directly or indirectly, any
  896  gift to a reporting individual or procurement employee or a
  897  member of his or her immediate family.
  898         (3) Any person who violates this section is subject to a
  899  civil penalty equal to three times the amount of the gift. Such
  900  penalty is in addition to the penalties provided in s. 112.317
  901  and shall be paid to the General Revenue Fund of the state. A
  902  reporting individual or procurement employee or a member of his
  903  or her immediate family who violates this section is personally
  904  liable for payment of the treble penalty. Any agent or person
  905  acting on behalf of a political committee or committee of
  906  continuous existence who gives a prohibited gift is personally
  907  liable for payment of the treble penalty.
  908         Section 14. For the purpose of incorporating the amendment
  909  made by this act to section 112.3143, Florida Statutes, and
  910  newly created section 112.31485, Florida Statutes, in a
  911  reference thereto, subsections (1) through (5) of section
  912  112.317, Florida Statutes, are reenacted to read:
  913         112.317 Penalties.—
  914         (1) Violation of any provision of this part, including, but
  915  not limited to, any failure to file any disclosures required by
  916  this part or violation of any standard of conduct imposed by
  917  this part, or violation of any provision of s. 8, Art. II of the
  918  State Constitution, in addition to any criminal penalty or other
  919  civil penalty involved, shall, under applicable constitutional
  920  and statutory procedures, constitute grounds for, and may be
  921  punished by, one or more of the following:
  922         (a) In the case of a public officer:
  923         1. Impeachment.
  924         2. Removal from office.
  925         3. Suspension from office.
  926         4. Public censure and reprimand.
  927         5. Forfeiture of no more than one-third salary per month
  928  for no more than 12 months.
  929         6. A civil penalty not to exceed $10,000.
  930         7. Restitution of any pecuniary benefits received because
  931  of the violation committed. The commission may recommend that
  932  the restitution penalty be paid to the agency of which the
  933  public officer was a member or to the General Revenue Fund.
  934         (b) In the case of an employee or a person designated as a
  935  public officer by this part who otherwise would be deemed to be
  936  an employee:
  937         1. Dismissal from employment.
  938         2. Suspension from employment for not more than 90 days
  939  without pay.
  940         3. Demotion.
  941         4. Reduction in salary level.
  942         5. Forfeiture of no more than one-third salary per month
  943  for no more than 12 months.
  944         6. A civil penalty not to exceed $10,000.
  945         7. Restitution of any pecuniary benefits received because
  946  of the violation committed. The commission may recommend that
  947  the restitution penalty be paid to the agency by which the
  948  public employee was employed, or of which the officer was deemed
  949  to be an employee, or to the General Revenue Fund.
  950         8. Public censure and reprimand.
  951         (c) In the case of a candidate who violates the provisions
  952  of this part or s. 8(a) and (i), Art. II of the State
  953  Constitution:
  954         1. Disqualification from being on the ballot.
  955         2. Public censure.
  956         3. Reprimand.
  957         4. A civil penalty not to exceed $10,000.
  958         (d) In the case of a former public officer or employee who
  959  has violated a provision applicable to former officers or
  960  employees or whose violation occurred before the officer’s or
  961  employee’s leaving public office or employment:
  962         1. Public censure and reprimand.
  963         2. A civil penalty not to exceed $10,000.
  964         3. Restitution of any pecuniary benefits received because
  965  of the violation committed. The commission may recommend that
  966  the restitution penalty be paid to the agency of the public
  967  officer or employee or to the General Revenue Fund.
  968         (e) In the case of a person who is subject to the standards
  969  of this part, other than a lobbyist or lobbying firm under s.
  970  112.3215 for a violation of s. 112.3215, but who is not a public
  971  officer or employee:
  972         1. Public censure and reprimand.
  973         2. A civil penalty not to exceed $10,000.
  974         3. Restitution of any pecuniary benefits received because
  975  of the violation committed. The commission may recommend that
  976  the restitution penalty be paid to the agency of the person or
  977  to the General Revenue Fund.
  978         (2) In any case in which the commission finds a violation
  979  of this part or of s. 8, Art. II of the State Constitution and
  980  the proper disciplinary official or body under s. 112.324
  981  imposes a civil penalty or restitution penalty, the Attorney
  982  General shall bring a civil action to recover such penalty. No
  983  defense may be raised in the civil action to enforce the civil
  984  penalty or order of restitution that could have been raised by
  985  judicial review of the administrative findings and
  986  recommendations of the commission by certiorari to the district
  987  court of appeal. The Attorney General shall collect any costs,
  988  attorney’s fees, expert witness fees, or other costs of
  989  collection incurred in bringing the action.
  990         (3) The penalties prescribed in this part shall not be
  991  construed to limit or to conflict with:
  992         (a) The power of either house of the Legislature to
  993  discipline its own members or impeach a public officer.
  994         (b) The power of agencies to discipline officers or
  995  employees.
  996         (4) Any violation of this part or of s. 8, Art. II of the
  997  State Constitution by a public officer shall constitute
  998  malfeasance, misfeasance, or neglect of duty in office within
  999  the meaning of s. 7, Art. IV of the State Constitution.
 1000         (5) By order of the Governor, upon recommendation of the
 1001  commission, any elected municipal officer who violates any
 1002  provision of this part or of s. 8, Art. II of the State
 1003  Constitution may be suspended from office and the office filled
 1004  by appointment for the period of suspension. The suspended
 1005  officer may at any time before removal be reinstated by the
 1006  Governor. The Senate may, in proceedings prescribed by law,
 1007  remove from office, or reinstate, the suspended official, and
 1008  for such purpose the Senate may be convened in special session
 1009  by its President or by a majority of its membership.
 1010         Section 15. Section 112.324, Florida Statutes, is amended
 1011  to read:
 1012         112.324 Procedures on complaints of violations and
 1013  referrals; public records and meeting exemptions.—
 1014         (1) Upon a written complaint executed on a form prescribed
 1015  by the commission and signed under oath or affirmation by any
 1016  person, The commission shall investigate an any alleged
 1017  violation of this part or any other alleged breach of the public
 1018  trust within the jurisdiction of the commission as provided in
 1019  s. 8(f), Art. II of the State Constitution: in accordance with
 1020  procedures set forth herein.
 1021         (a) Upon a written complaint executed on a form prescribed
 1022  by the commission and signed under oath of affirmation by any
 1023  person; or
 1024         (b) Upon receipt of a written referral of a possible
 1025  violation of this part or other possible breach of the public
 1026  trust from the Governor, the Department of Law Enforcement, a
 1027  state attorney, or a United States Attorney which at least six
 1028  members of the commission determine is sufficient to indicate a
 1029  violation of this part or any other breach of the public trust.
 1030  
 1031  Within 5 days after receipt of a complaint by the commission or
 1032  a determination by at least six members of the commission that
 1033  the referral received is deemed sufficient, a copy shall be
 1034  transmitted to the alleged violator.
 1035         (2)(a) The complaint and records relating to the complaint
 1036  or to any preliminary investigation held by the commission or
 1037  its agents, by a Commission on Ethics and Public Trust
 1038  established by any county defined in s. 125.011(1) or by any
 1039  municipality defined in s. 165.031, or by any county or
 1040  municipality that has established a local investigatory process
 1041  to enforce more stringent standards of conduct and disclosure
 1042  requirements as provided in s. 112.326 are confidential and
 1043  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1044  of the State Constitution.
 1045         (b) Any proceeding conducted by the commission, a
 1046  Commission on Ethics and Public Trust, or a county or
 1047  municipality that has established such local investigatory
 1048  process, pursuant to a complaint or preliminary investigation,
 1049  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1050  the State Constitution, and s. 120.525.
 1051         (c) The exemptions in paragraphs (a) and (b) apply until
 1052  the complaint is dismissed as legally insufficient, until the
 1053  alleged violator requests in writing that such records and
 1054  proceedings be made public, or until the commission, a
 1055  Commission on Ethics and Public Trust, or a county or
 1056  municipality that has established such local investigatory
 1057  process determines, based on such investigation, whether
 1058  probable cause exists to believe that a violation has occurred.
 1059  In no event shall A complaint or referral under this part
 1060  against a candidate in any general, special, or primary election
 1061  may not be filed nor may or any intention of filing such a
 1062  complaint or referral be disclosed on the day of any such
 1063  election or within the 30 5 days immediately preceding the date
 1064  of the election, unless the complaint or referral is based upon
 1065  personal information or information other than hearsay.
 1066         (d) This subsection is subject to the Open Government
 1067  Sunset Review Act in accordance with s. 119.15 and shall stand
 1068  repealed on October 2, 2015, unless reviewed and saved from
 1069  repeal through reenactment by the Legislature.
 1070         (3) A preliminary investigation shall be undertaken by the
 1071  commission of each legally sufficient complaint or referral over
 1072  which the commission has jurisdiction to determine whether there
 1073  is probable cause to believe that a violation has occurred. If,
 1074  upon completion of the preliminary investigation, the commission
 1075  finds no probable cause to believe that this part has been
 1076  violated or that any other breach of the public trust has been
 1077  committed, the commission shall dismiss the complaint or
 1078  referral with the issuance of a public report to the complainant
 1079  and the alleged violator, stating with particularity its reasons
 1080  for dismissal of the complaint. At that time, the complaint or
 1081  referral and all materials relating to the complaint or referral
 1082  shall become a matter of public record. If the commission finds
 1083  from the preliminary investigation probable cause to believe
 1084  that this part has been violated or that any other breach of the
 1085  public trust has been committed, it shall so notify the
 1086  complainant and the alleged violator in writing. Such
 1087  notification and all documents made or received in the
 1088  disposition of the complaint or referral shall then become
 1089  public records. Upon request submitted to the commission in
 1090  writing, any person who the commission finds probable cause to
 1091  believe has violated any provision of this part or has committed
 1092  any other breach of the public trust shall be entitled to a
 1093  public hearing. Such person shall be deemed to have waived the
 1094  right to a public hearing if the request is not received within
 1095  14 days following the mailing of the probable cause notification
 1096  required by this subsection. However, the commission may on its
 1097  own motion, require a public hearing, may conduct such further
 1098  investigation as it deems necessary, and may enter into such
 1099  stipulations and settlements as it finds to be just and in the
 1100  best interest of the state. The commission is without
 1101  jurisdiction to, and no respondent may voluntarily or
 1102  involuntarily, enter into a stipulation or settlement which
 1103  imposes any penalty, including, but not limited to, a sanction
 1104  or admonition or any other penalty contained in s. 112.317.
 1105  Penalties shall be imposed only by the appropriate disciplinary
 1106  authority as designated in this section.
 1107         (4) If, in cases pertaining to members of the Legislature,
 1108  upon completion of a full and final investigation by the
 1109  commission, the commission finds that there has been a violation
 1110  of this part or of any provision of s. 8, Art. II of the State
 1111  Constitution, the commission shall forward a copy of the
 1112  complaint or referral and its findings by certified mail to the
 1113  President of the Senate or the Speaker of the House of
 1114  Representatives, whichever is applicable, who shall refer the
 1115  complaint or referral to the appropriate committee for
 1116  investigation and action which shall be governed by the rules of
 1117  its respective house. It is shall be the duty of the committee
 1118  to report its final action upon the matter complaint to the
 1119  commission within 90 days of the date of transmittal to the
 1120  respective house. Upon request of the committee, the commission
 1121  shall submit a recommendation as to what penalty, if any, should
 1122  be imposed. In the case of a member of the Legislature, the
 1123  house in which the member serves has shall have the power to
 1124  invoke the penalty provisions of this part.
 1125         (5) If, in cases pertaining to complaints against
 1126  impeachable officers, upon completion of a full and final
 1127  investigation by the commission, the commission finds that there
 1128  has been a violation of this part or of any provision of s. 8,
 1129  Art. II of the State Constitution, and the commission finds that
 1130  the violation may constitute grounds for impeachment, the
 1131  commission shall forward a copy of the complaint or referral and
 1132  its findings by certified mail to the Speaker of the House of
 1133  Representatives, who shall refer the complaint or referral to
 1134  the appropriate committee for investigation and action which
 1135  shall be governed by the rules of the House of Representatives.
 1136  It is shall be the duty of the committee to report its final
 1137  action upon the matter complaint to the commission within 90
 1138  days of the date of transmittal.
 1139         (6) If the commission finds that there has been a violation
 1140  of this part or of any provision of s. 8, Art. II of the State
 1141  Constitution by an impeachable officer other than the Governor,
 1142  and the commission recommends public censure and reprimand,
 1143  forfeiture of a portion of the officer’s salary, a civil
 1144  penalty, or restitution, the commission shall report its
 1145  findings and recommendation of disciplinary action to the
 1146  Governor, who has shall have the power to invoke the penalty
 1147  provisions of this part.
 1148         (7) If the commission finds that there has been a violation
 1149  of this part or of any provision of s. 8, Art. II of the State
 1150  Constitution by the Governor, and the commission recommends
 1151  public censure and reprimand, forfeiture of a portion of the
 1152  Governor’s salary, a civil penalty, or restitution, the
 1153  commission shall report its findings and recommendation of
 1154  disciplinary action to the Attorney General, who shall have the
 1155  power to invoke the penalty provisions of this part.
 1156         (8) If, in cases pertaining to complaints other than
 1157  complaints or referrals against impeachable officers or members
 1158  of the Legislature, upon completion of a full and final
 1159  investigation by the commission, the commission finds that there
 1160  has been a violation of this part or of s. 8, Art. II of the
 1161  State Constitution, it is shall be the duty of the commission to
 1162  report its findings and recommend appropriate action to the
 1163  proper disciplinary official or body as follows, and such
 1164  official or body has shall have the power to invoke the penalty
 1165  provisions of this part, including the power to order the
 1166  appropriate elections official to remove a candidate from the
 1167  ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
 1168  II of the State Constitution:
 1169         (a) The President of the Senate and the Speaker of the
 1170  House of Representatives, jointly, in any case concerning the
 1171  Public Counsel, members of the Public Service Commission,
 1172  members of the Public Service Commission Nominating Council, the
 1173  Auditor General, or the director of the Office of Program Policy
 1174  Analysis and Government Accountability.
 1175         (b) The Supreme Court, in any case concerning an employee
 1176  of the judicial branch.
 1177         (c) The President of the Senate, in any case concerning an
 1178  employee of the Senate; the Speaker of the House of
 1179  Representatives, in any case concerning an employee of the House
 1180  of Representatives; or the President and the Speaker, jointly,
 1181  in any case concerning an employee of a committee of the
 1182  Legislature whose members are appointed solely by the President
 1183  and the Speaker or in any case concerning an employee of the
 1184  Public Counsel, Public Service Commission, Auditor General, or
 1185  Office of Program Policy Analysis and Government Accountability.
 1186         (d) Except as otherwise provided by this part, the
 1187  Governor, in the case of any other public officer, public
 1188  employee, former public officer or public employee, candidate or
 1189  former candidate, or person who is not a public officer or
 1190  employee, other than lobbyists and lobbying firms under s.
 1191  112.3215 for violations of s. 112.3215.
 1192         (e) The President of the Senate or the Speaker of the House
 1193  of Representatives, whichever is applicable, in any case
 1194  concerning a former member of the Legislature who has violated a
 1195  provision applicable to former members or whose violation
 1196  occurred while a member of the Legislature.
 1197         (9) In addition to reporting its findings to the proper
 1198  disciplinary body or official, the commission shall report these
 1199  findings to the state attorney or any other appropriate official
 1200  or agency having authority to initiate prosecution when
 1201  violation of criminal law is indicated.
 1202         (10) Notwithstanding the foregoing procedures of this
 1203  section, a sworn complaint against any member or employee of the
 1204  Commission on Ethics for violation of this part or of s. 8, Art.
 1205  II of the State Constitution shall be filed with the President
 1206  of the Senate and the Speaker of the House of Representatives.
 1207  Each presiding officer shall, after determining that there are
 1208  sufficient grounds for review, appoint three members of their
 1209  respective bodies to a special joint committee who shall
 1210  investigate the complaint. The members shall elect a chair from
 1211  among their number. If the special joint committee finds
 1212  insufficient evidence to establish probable cause to believe a
 1213  violation of this part or of s. 8, Art. II of the State
 1214  Constitution has occurred, it shall dismiss the complaint. If,
 1215  upon completion of its preliminary investigation, the committee
 1216  finds sufficient evidence to establish probable cause to believe
 1217  a violation has occurred, the chair thereof shall transmit such
 1218  findings to the Governor who shall convene a meeting of the
 1219  Governor, the President of the Senate, the Speaker of the House
 1220  of Representatives, and the Chief Justice of the Supreme Court
 1221  to take such final action on the complaint as they shall deem
 1222  appropriate, consistent with the penalty provisions of this
 1223  part. Upon request of a majority of the Governor, the President
 1224  of the Senate, the Speaker of the House of Representatives, and
 1225  the Chief Justice of the Supreme Court, the special joint
 1226  committee shall submit a recommendation as to what penalty, if
 1227  any, should be imposed.
 1228         (11)(a) Notwithstanding the provisions of subsections (1)
 1229  (8), the commission shall dismiss any complaint or referral at
 1230  any stage of disposition should it determine that the violation
 1231  that is alleged or has occurred is a de minimis violation
 1232  attributable to inadvertent or unintentional error. In
 1233  determining whether a violation was de minimis, the commission
 1234  shall consider whether the interests of the public were
 1235  protected despite the violation. This subsection does not apply
 1236  to complaints pursuant to ss. 112.3144 and 112.3145.
 1237         (b) For the purposes of this subsection, a de minimis
 1238  violation is any violation that is unintentional and not
 1239  material in nature.
 1240         (12)(11) Notwithstanding the provisions of subsections (1)
 1241  (8), the commission may, at its discretion, dismiss any
 1242  complaint or referral at any stage of disposition should it
 1243  determine that the public interest would not be served by
 1244  proceeding further, in which case the commission shall issue a
 1245  public report stating with particularity its reasons for the
 1246  dismissal.
 1247         Section 16. For the purpose of incorporating the amendment
 1248  made by this act to section 112.3143, Florida Statutes, in a
 1249  reference thereto, subsection (1) of section 120.665, Florida
 1250  Statutes, is reenacted to read:
 1251         120.665 Disqualification of agency personnel.—
 1252         (1) Notwithstanding the provisions of s. 112.3143, any
 1253  individual serving alone or with others as an agency head may be
 1254  disqualified from serving in an agency proceeding for bias,
 1255  prejudice, or interest when any party to the agency proceeding
 1256  shows just cause by a suggestion filed within a reasonable
 1257  period of time prior to the agency proceeding. If the
 1258  disqualified individual was appointed, the appointing power may
 1259  appoint a substitute to serve in the matter from which the
 1260  individual is disqualified. If the individual is an elected
 1261  official, the Governor may appoint a substitute to serve in the
 1262  matter from which the individual is disqualified. However, if a
 1263  quorum remains after the individual is disqualified, it shall
 1264  not be necessary to appoint a substitute.
 1265         Section 17. For the purpose of incorporating the amendment
 1266  made by this act to section 112.3143, Florida Statutes, in a
 1267  reference thereto, section 286.012, Florida Statutes, is
 1268  reenacted to read:
 1269         286.012 Voting requirement at meetings of governmental
 1270  bodies.—No member of any state, county, or municipal
 1271  governmental board, commission, or agency who is present at any
 1272  meeting of any such body at which an official decision, ruling,
 1273  or other official act is to be taken or adopted may abstain from
 1274  voting in regard to any such decision, ruling, or act; and a
 1275  vote shall be recorded or counted for each such member present,
 1276  except when, with respect to any such member, there is, or
 1277  appears to be, a possible conflict of interest under the
 1278  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such
 1279  cases, said member shall comply with the disclosure requirements
 1280  of s. 112.3143.
 1281         Section 18. For the purpose of incorporating the amendment
 1282  made by this act to section 112.324, Florida Statutes, in a
 1283  reference thereto, section 287.175, Florida Statutes, is
 1284  reenacted to read:
 1285         287.175 Penalties.—A violation of this part or a rule
 1286  adopted hereunder, pursuant to applicable constitutional and
 1287  statutory procedures, constitutes misuse of public position as
 1288  defined in s. 112.313(6), and is punishable as provided in s.
 1289  112.317. The Chief Financial Officer shall report incidents of
 1290  suspected misuse to the Commission on Ethics, and the commission
 1291  shall investigate possible violations of this part or rules
 1292  adopted hereunder when reported by the Chief Financial Officer,
 1293  notwithstanding the provisions of s. 112.324. Any violation of
 1294  this part or a rule adopted hereunder shall be presumed to have
 1295  been committed with wrongful intent, but such presumption is
 1296  rebuttable. Nothing in this section is intended to deny rights
 1297  provided to career service employees by s. 110.227.
 1298         Section 19. For the purpose of incorporating the amendment
 1299  made by this act to section 112.3143, Florida Statutes, in a
 1300  reference thereto, paragraph (c) of subsection (1) of section
 1301  288.901, Florida Statutes, is reenacted to read:
 1302         288.901 Enterprise Florida, Inc.—
 1303         (1) CREATION.—
 1304         (c) The Legislature determines that it is in the public
 1305  interest for the members of Enterprise Florida, Inc., board of
 1306  directors to be subject to the requirements of ss. 112.3135,
 1307  112.3143, and 112.313, excluding s. 112.313(2), notwithstanding
 1308  the fact that the board members are not public officers or
 1309  employees. For purposes of those sections, the board members
 1310  shall be considered to be public officers or employees. The
 1311  exemption set forth in s. 112.313(12) for advisory boards
 1312  applies to the members of Enterprise Florida, Inc., board of
 1313  directors. Further, each member of the board of directors who is
 1314  not otherwise required to file financial disclosures pursuant to
 1315  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1316  file disclosure of financial interests pursuant to s. 112.3145.
 1317         Section 20. Subsection (1) of section 445.007, Florida
 1318  Statutes, is reenacted for the purpose of incorporating the
 1319  amendment made by this act to section 112.3143, Florida
 1320  Statutes, in a reference thereto, and subsection (11) of that
 1321  section is amended, to read:
 1322         445.007 Regional workforce boards.—
 1323         (1) One regional workforce board shall be appointed in each
 1324  designated service delivery area and shall serve as the local
 1325  workforce investment board pursuant to Pub. L. No. 105-220. The
 1326  membership of the board shall be consistent with Pub. L. No.
 1327  105-220, Title I, s. 117(b) but may not exceed the minimum
 1328  membership required in Pub. L. No. 105-220, Title I, s.
 1329  117(b)(2)(A) and in this subsection. Upon approval by the
 1330  Governor, the chief elected official may appoint additional
 1331  members above the limit set by this subsection. If a public
 1332  education or training provider is represented on the board, a
 1333  representative of a private nonprofit provider and a
 1334  representative of a private for-profit provider must also be
 1335  appointed to the board. The board shall include one nonvoting
 1336  representative from a military installation if a military
 1337  installation is located within the region and the appropriate
 1338  military command or organization authorizes such representation.
 1339  It is the intent of the Legislature that membership of a
 1340  regional workforce board include persons who are current or
 1341  former recipients of welfare transition assistance as defined in
 1342  s. 445.002(2) or workforce services as provided in s. 445.009(1)
 1343  or that such persons be included as ex officio members of the
 1344  board or of committees organized by the board. The importance of
 1345  minority and gender representation shall be considered when
 1346  making appointments to the board. The board, its committees,
 1347  subcommittees, and subdivisions, and other units of the
 1348  workforce system, including units that may consist in whole or
 1349  in part of local governmental units, may use any method of
 1350  telecommunications to conduct meetings, including establishing a
 1351  quorum through telecommunications, provided that the public is
 1352  given proper notice of the telecommunications meeting and
 1353  reasonable access to observe and, when appropriate, participate.
 1354  Regional workforce boards are subject to chapters 119 and 286
 1355  and s. 24, Art. I of the State Constitution. If the regional
 1356  workforce board enters into a contract with an organization or
 1357  individual represented on the board of directors, the contract
 1358  must be approved by a two-thirds vote of the board, a quorum
 1359  having been established, and the board member who could benefit
 1360  financially from the transaction must abstain from voting on the
 1361  contract. A board member must disclose any such conflict in a
 1362  manner that is consistent with the procedures outlined in s.
 1363  112.3143. Each member of a regional workforce board who is not
 1364  otherwise required to file a full and public disclosure of
 1365  financial interests pursuant to s. 8, Art. II of the State
 1366  Constitution or s. 112.3144 shall file a statement of financial
 1367  interests pursuant to s. 112.3145. The executive director or
 1368  designated person responsible for the operational and
 1369  administrative functions of the regional workforce board who is
 1370  not otherwise required to file a full and public disclosure of
 1371  financial interests pursuant to s. 8, Art. II of the State
 1372  Constitution or s. 112.3144 shall file a statement of financial
 1373  interests pursuant to s. 112.3145.
 1374         (11) To increase transparency and accountability, a
 1375  regional workforce board must comply with the requirements of
 1376  this section before contracting with a member of the board or a
 1377  relative, as defined in s. 112.3143(1)(c) 112.3143(1)(b), of a
 1378  board member or of an employee of the board. Such contracts may
 1379  not be executed before or without the approval of Workforce
 1380  Florida, Inc. Such contracts, as well as documentation
 1381  demonstrating adherence to this section as specified by
 1382  Workforce Florida, Inc., must be submitted to the Department of
 1383  Economic Opportunity for review and recommendation according to
 1384  criteria to be determined by Workforce Florida, Inc. Such a
 1385  contract must be approved by a two-thirds vote of the board, a
 1386  quorum having been established; all conflicts of interest must
 1387  be disclosed before the vote; and any member who may benefit
 1388  from the contract, or whose relative may benefit from the
 1389  contract, must abstain from the vote. A contract under $25,000
 1390  between a regional workforce board and a member of that board or
 1391  between a relative, as defined in s. 112.3143(1)(c)
 1392  112.3143(1)(b), of a board member or of an employee of the board
 1393  is not required to have the prior approval of Workforce Florida,
 1394  Inc., but must be approved by a two-thirds vote of the board, a
 1395  quorum having been established, and must be reported to the
 1396  Department of Economic Opportunity and Workforce Florida, Inc.,
 1397  within 30 days after approval. If a contract cannot be approved
 1398  by Workforce Florida, Inc., a review of the decision to
 1399  disapprove the contract may be requested by the regional
 1400  workforce board or other parties to the disapproved contract.
 1401  
 1402         Section 21. For the purpose of incorporating the amendment
 1403  made by this act to section 112.3143, Florida Statutes, in a
 1404  reference thereto, paragraph (m) of subsection (5) of section
 1405  627.311, Florida Statutes, is reenacted to read:
 1406         627.311 Joint underwriters and joint reinsurers; public
 1407  records and public meetings exemptions.—
 1408         (5)
 1409         (m) Senior managers and officers, as defined in the plan of
 1410  operation, and members of the board of governors are subject to
 1411  the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
 1412  112.316, and 112.317. Senior managers, officers, and board
 1413  members are also required to file such disclosures with the
 1414  Commission on Ethics and the Office of Insurance Regulation. The
 1415  executive director of the plan or his or her designee shall
 1416  notify each newly appointed and existing appointed member of the
 1417  board of governors, senior manager, and officer of his or her
 1418  duty to comply with the reporting requirements of s. 112.3145.
 1419  At least quarterly, the executive director of the plan or his or
 1420  her designee shall submit to the Commission on Ethics a list of
 1421  names of the senior managers, officers, and members of the board
 1422  of governors who are subject to the public disclosure
 1423  requirements under s. 112.3145. Notwithstanding s. 112.313, an
 1424  employee, officer, owner, or director of an insurance agency,
 1425  insurance company, or other insurance entity may be a member of
 1426  the board of governors unless such employee, officer, owner, or
 1427  director of an insurance agency, insurance company, other
 1428  insurance entity, or an affiliate provides policy issuance,
 1429  policy administration, underwriting, claims handling, or payroll
 1430  audit services. Notwithstanding s. 112.3143, such board member
 1431  may not participate in or vote on a matter if the insurance
 1432  agency, insurance company, or other insurance entity would
 1433  obtain a special or unique benefit that would not apply to other
 1434  similarly situated insurance entities.
 1435         Section 22. For the purpose of incorporating the amendment
 1436  made to this act to section 112.3143, Florida Statutes, in a
 1437  reference thereto, paragraph (d) of subsection (6) of section
 1438  627.351, Florida Statutes, is reenacted to read:
 1439         627.351 Insurance risk apportionment plans.—
 1440         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1441         (d)1. All prospective employees for senior management
 1442  positions, as defined by the plan of operation, are subject to
 1443  background checks as a prerequisite for employment. The office
 1444  shall conduct the background checks pursuant to ss. 624.34,
 1445  624.404(3), and 628.261.
 1446         2. On or before July 1 of each year, employees of the
 1447  corporation must sign and submit a statement attesting that they
 1448  do not have a conflict of interest, as defined in part III of
 1449  chapter 112. As a condition of employment, all prospective
 1450  employees must sign and submit to the corporation a conflict-of
 1451  interest statement.
 1452         3. Senior managers and members of the board of governors
 1453  are subject to part III of chapter 112, including, but not
 1454  limited to, the code of ethics and public disclosure and
 1455  reporting of financial interests, pursuant to s. 112.3145.
 1456  Notwithstanding s. 112.3143(2), a board member may not vote on
 1457  any measure that would inure to his or her special private gain
 1458  or loss; that he or she knows would inure to the special private
 1459  gain or loss of any principal by whom he or she is retained or
 1460  to the parent organization or subsidiary of a corporate
 1461  principal by which he or she is retained, other than an agency
 1462  as defined in s. 112.312; or that he or she knows would inure to
 1463  the special private gain or loss of a relative or business
 1464  associate of the public officer. Before the vote is taken, such
 1465  member shall publicly state to the assembly the nature of his or
 1466  her interest in the matter from which he or she is abstaining
 1467  from voting and, within 15 days after the vote occurs, disclose
 1468  the nature of his or her interest as a public record in a
 1469  memorandum filed with the person responsible for recording the
 1470  minutes of the meeting, who shall incorporate the memorandum in
 1471  the minutes. Senior managers and board members are also required
 1472  to file such disclosures with the Commission on Ethics and the
 1473  Office of Insurance Regulation. The executive director of the
 1474  corporation or his or her designee shall notify each existing
 1475  and newly appointed member of the board of governors and senior
 1476  managers of their duty to comply with the reporting requirements
 1477  of part III of chapter 112. At least quarterly, the executive
 1478  director or his or her designee shall submit to the Commission
 1479  on Ethics a list of names of the senior managers and members of
 1480  the board of governors who are subject to the public disclosure
 1481  requirements under s. 112.3145.
 1482         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 1483  provision of law, an employee or board member may not knowingly
 1484  accept, directly or indirectly, any gift or expenditure from a
 1485  person or entity, or an employee or representative of such
 1486  person or entity, which has a contractual relationship with the
 1487  corporation or who is under consideration for a contract. An
 1488  employee or board member who fails to comply with subparagraph
 1489  3. or this subparagraph is subject to penalties provided under
 1490  ss. 112.317 and 112.3173.
 1491         5. Any senior manager of the corporation who is employed on
 1492  or after January 1, 2007, regardless of the date of hire, who
 1493  subsequently retires or terminates employment is prohibited from
 1494  representing another person or entity before the corporation for
 1495  2 years after retirement or termination of employment from the
 1496  corporation.
 1497         6. Any senior manager of the corporation who is employed on
 1498  or after January 1, 2007, regardless of the date of hire, who
 1499  subsequently retires or terminates employment is prohibited from
 1500  having any employment or contractual relationship for 2 years
 1501  with an insurer that has entered into a take-out bonus agreement
 1502  with the corporation.
 1503         Section 23. This act shall take effect upon becoming a law.