Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 846
       
       
       
       
       
       
                                Ì631004cÎ631004                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/AD/2R         .                                
             03/20/2014 03:33 PM       .                                
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    1         Senate Amendment 
    2  
    3         Delete lines 724 - 813
    4  and insert:
    5         Section 13. Paragraph (c) of subsection (1) of section
    6  288.901, Florida Statutes, is amended, and paragraph (d) is
    7  added to that subsection, to read:
    8         288.901 Enterprise Florida, Inc.—
    9         (1) CREATION.—
   10         (c) The Legislature determines that it is in the public
   11  interest that the president, senior managers, and for the
   12  members of the board of directors of Enterprise Florida, Inc.,
   13  board of directors to be subject to the requirements of ss.
   14  112.313, 112.3135, and 112.3143(2)., and 112.313, excluding s.
   15  112.313(2), Notwithstanding the fact that the board members are
   16  not public officers or employees,. for purposes of the
   17  application of ss. 112.313, 112.3135, and 112.3143(2) to the
   18  activities of those sections, the president, senior managers,
   19  and board members, those individuals shall be considered to be
   20  public officers or employees, and the corporation shall be
   21  considered their agency. The exemption set forth in s.
   22  112.313(12) for advisory boards applies to the members of the
   23  Enterprise Florida, Inc., board of directors. Further, each
   24  member of the board of directors who is not otherwise required
   25  to file financial disclosures pursuant to s. 8, Art. II of the
   26  State Constitution or s. 112.3144, shall file disclosure of
   27  financial interests pursuant to s. 112.3145.
   28         (d) The president, senior managers, and members of the
   29  board of directors of Enterprise Florida, Inc., may not
   30  represent another person or entity for compensation before the
   31  corporation for a period of 2 years after ending their
   32  employment with the corporation or service on the board of
   33  directors.
   34         Section 14. Present paragraph (b) of subsection (2) of
   35  section 288.92, Florida Statutes, is redesignated as paragraph
   36  (c), and a new paragraph (b) is added to that subsection, to
   37  read:
   38         288.92 Divisions of Enterprise Florida, Inc.—
   39         (2)
   40         (b)1. The Legislature determines that it is in the public
   41  interest that the following officers and board members be
   42  subject to ss. 112.313, 112.3135, and 112.3143(2),
   43  notwithstanding the fact that such officers and board members
   44  are not public officers or employees:
   45         a. Officers and members of the board of directors of the
   46  divisions of Enterprise Florida, Inc.;
   47         b. Officers and members of the board of directors of
   48  subsidiaries of Enterprise Florida, Inc.;
   49         c. Officers and members of the board of directors of
   50  corporations created to carry out the missions of Enterprise
   51  Florida, Inc.; and
   52         d. Officers and members of the board of directors of
   53  corporations with which a division is required by law to
   54  contract with to carry out its missions.
   55         2. The officers and members of the board of directors
   56  specified in subparagraph 1. may not represent another person or
   57  entity for compensation before Enterprise Florida, Inc., for a
   58  period of 2 years after retirement from or termination of
   59  service to the division.
   60         3. For purposes of the application of ss. 112.313,
   61  112.3135, and 112.3143(2) to the activities of the officers and
   62  members of the board of directors specified in subparagraph 1.,
   63  those individuals shall be considered public officers or
   64  employees, and the corporation shall be considered their agency.
   65         Section 15. Paragraph (a) of subsection (3) of section
   66  288.9604, Florida Statutes, is amended to read:
   67         288.9604 Creation of the authority.—
   68         (3)(a)1. A director may not shall receive no compensation
   69  for his or her services, but is entitled to the necessary
   70  expenses, including travel expenses, incurred in the discharge
   71  of his or her duties. Each director shall hold office until his
   72  or her successor has been appointed.
   73         2. The Legislature determines that it is in the public
   74  interest that a director of the board of directors of the
   75  Florida Development Finance Corporation be subject to ss.
   76  112.313, 112.3135, and 112.3143(2). Notwithstanding that the
   77  directors are not public officers or employees, for purposes of
   78  the application of ss. 112.313, 112.3135, and 112.3143(2) to the
   79  activities of the directors, the directors shall be considered
   80  public officers or employees, and the corporation shall be
   81  considered their agency.
   82         3. A director of the board of directors of the corporation
   83  may not represent another person or entity for compensation
   84  before the corporation for a period of 2 years following his or
   85  her service on the board of directors.
   86         Section 16. Paragraph (d) of subsection (6) of section
   87  627.351, Florida Statutes, is amended to read:
   88         627.351 Insurance risk apportionment plans.—
   89         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   90         (d)1. All prospective employees for senior management
   91  positions, as defined by the plan of operation, are subject to
   92  background checks as a prerequisite for employment. The office
   93  shall conduct the background checks pursuant to ss. 624.34,
   94  624.404(3), and 628.261.
   95         2. On or before July 1 of each year, employees of the
   96  corporation must sign and submit a statement attesting that they
   97  do not have a conflict of interest, as defined in part III of
   98  chapter 112. As a condition of employment, all prospective
   99  employees must sign and submit to the corporation a conflict-of
  100  interest statement.
  101         3. The executive director, senior managers, and members of
  102  the board of governors are subject to part III of chapter 112,
  103  including, but not limited to, the code of ethics and public
  104  disclosure and reporting of financial interests, pursuant to s.
  105  112.3145. Notwithstanding that the executive director, senior
  106  managers, and members of the board of governors are not public
  107  officers or employees, for purposes of the application of part
  108  III of chapter 112 to the activities of those individuals, the
  109  executive director, senior managers, and members of the board of
  110  governors shall be considered public officers and employees, and
  111  the corporation shall be considered their agency.
  112  Notwithstanding s. 112.3143(2), a board member may not