Senate Bill 0304
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
By the Committee on Ethics and Elections; and Senators
Saunders, Carlton, Sebesta, Rossin, Meek, Kirkpatrick and
Hargrett
313-531-99
1 A bill to be entitled
2 An act relating to ethics; amending s. 112.312,
3 F.S.; redefining the terms "gift" and
4 "liability"; amending s. 112.3144, F.S.;
5 revising the reporting requirements for full
6 and public disclosure of financial interests;
7 transferring filing administration from the
8 Secretary of State to the Commission on Ethics;
9 modifying the filing location for officers from
10 the Secretary of State to the commission;
11 establishing an automatic fine system for
12 delinquent filers and nonfilers; requiring
13 former officers and employees to file a final
14 disclosure of financial interests following
15 departure; amending s. 112.3145, F.S.;
16 redefining the terms "local officer" and
17 "specified state employee"; revising the
18 reporting requirements for limited statutory
19 disclosure of financial interests; transferring
20 filing administration from the Secretary of
21 State to the Commission on Ethics; modifying
22 the filing location for state officers and
23 specified state employees from the Secretary of
24 State to the commission; modifying
25 certification requirements of supervisors of
26 elections with regard to delinquent filers and
27 nonfilers; establishing an automatic fine
28 system for delinquent filers and nonfilers;
29 requiring former officers and employees to file
30 a final statement of financial interests by
31 July 1 of the year following departure;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 amending s. 112.3148, F.S.; redefining the
2 terms "reporting individual" and "procurement
3 employee"; establishing a reimbursement
4 deadline with regard to the valuation of gifts
5 received by reporting individuals; clarifying
6 that the gifts law applies to candidates;
7 extending the gifts law to include
8 nonincumbents elected to office for the period
9 immediately following election but before
10 officially taking office; transferring the
11 filing administration for gift disclosure from
12 the Secretary of State to the Commission on
13 Ethics; amending s. 112.3149, F.S.; redefining
14 the term "procurement employee"; transferring
15 filing administration for honoraria disclosure
16 from the Department of State to the Commission
17 on Ethics; amending s. 112.324, F.S.;
18 clarifying that the proper sanction authority
19 in the case of a current state legislator who
20 commits an act in violation of the Ethics Code
21 prior to joining the Legislature is vested in
22 the house in which the legislator serves;
23 amending s. 914.21, F.S.; redefining the terms
24 "official proceeding" and "official
25 investigation"; extending the witness-tampering
26 laws to include Commission on Ethics
27 investigations and proceedings; repealing s.
28 112.3151, F.S., which authorizes the Commission
29 on Ethics to grant extensions of time for
30 filing financial disclosure statements;
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 appropriating funds to the Commission on
2 Ethics; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (12) and (14) of section
7 112.312, Florida Statutes, are amended to read:
8 112.312 Definitions.--As used in this part and for
9 purposes of the provisions of s. 8, Art. II of the State
10 Constitution, unless the context otherwise requires:
11 (12)(a) "Gift," for purposes of ethics in government
12 and financial disclosure required by law, means that which is
13 accepted by a donee or by another on the donee's behalf, or
14 that which is paid or given to another for or on behalf of a
15 donee, directly, indirectly, or in trust for the donee's
16 benefit or by any other means, for which equal or greater
17 consideration is not given within 90 days, including:
18 1. Real property.
19 2. The use of real property.
20 3. Tangible or intangible personal property.
21 4. The use of tangible or intangible personal
22 property.
23 5. A preferential rate or terms on a debt, loan,
24 goods, or services, which rate is below the customary rate and
25 is not either a government rate available to all other
26 similarly situated government employees or officials or a rate
27 which is available to similarly situated members of the public
28 by virtue of occupation, affiliation, age, religion, sex, or
29 national origin.
30 6. Forgiveness of an indebtedness.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 7. Transportation, other than that provided to a
2 public officer or employee by an agency in relation to
3 officially approved governmental business, lodging, or
4 parking.
5 8. Food or beverage.
6 9. Membership dues.
7 10. Entrance fees, admission fees, or tickets to
8 events, performances, or facilities.
9 11. Plants, flowers, or floral arrangements.
10 12. Services provided by persons pursuant to a
11 professional license or certificate.
12 13. Other personal services for which a fee is
13 normally charged by the person providing the services.
14 14. Any other similar service or thing having an
15 attributable value not already provided for in this section.
16 (b) "Gift" does not include:
17 1. Salary, benefits, services, fees, commissions,
18 gifts, or expenses associated primarily with the donee's
19 employment, business, or service as an officer or director of
20 a corporation or organization.
21 2. Contributions or expenditures reported pursuant to
22 chapter 106, campaign-related personal services provided
23 without compensation by individuals volunteering their time,
24 or any other contribution or expenditure by a political party.
25 3. An honorarium or an expense related to an
26 honorarium event paid to a person or the person's spouse.
27 4. An award, plaque, certificate, or similar
28 personalized item given in recognition of the donee's public,
29 civic, charitable, or professional service.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 5. An honorary membership in a service or fraternal
2 organization presented merely as a courtesy by such
3 organization.
4 6. The use of a public facility or public property,
5 made available by a governmental agency, for a public purpose.
6 7. Transportation provided to a public officer or
7 employee by an agency in relation to officially approved
8 governmental business.
9 8. Gifts provided directly or indirectly by a state,
10 regional, or national organization which promotes the exchange
11 of ideas between, or the professional development of,
12 governmental officials or employees, and whose membership is
13 primarily composed of elected or appointed public officials or
14 staff, to members of that organization or officials or staff
15 of a governmental agency that is a member of that
16 organization.
17 (c) For the purposes of paragraph (a), "intangible
18 personal property" means property as defined in s.
19 192.001(11)(b).
20 (d) For the purposes of paragraph (a), the term
21 "consideration" does not include a promise to pay or otherwise
22 provide something of value unless the promise is in writing
23 and enforceable through the courts.
24 (14) "Liability" means any monetary debt or obligation
25 owed by the reporting person to another person, except for
26 credit card and retail installment accounts, taxes owed,
27 indebtedness on a life insurance policy owed to the company of
28 issuance, contingent liabilities other than those liabilities
29 for which one is a guarantor, or accrued income taxes on net
30 unrealized appreciation. Each liability which is required to
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 be disclosed by s. 8, Art. II of the State Constitution shall
2 identify the name and address of the creditor.
3 Section 2. Section 112.3144, Florida Statutes, is
4 amended to read:
5 112.3144 Full and public disclosure of financial
6 interests.--
7 (1) An officer who is required, pursuant to s. 8, Art.
8 II of the State Constitution, to file a full and public
9 disclosure of financial interests for any calendar or fiscal
10 year shall file the disclosure with the Florida Commission on
11 Ethics.
12 (2)(1) A No person who is required, pursuant to s. 8,
13 Art. II of the State Constitution, to file a full and public
14 disclosure of financial interests and who has filed a full and
15 public disclosure of financial interests for any calendar or
16 fiscal year shall not be required to file a statement of
17 financial interests pursuant to s. 112.3145(2) and (3) for the
18 same year or for any part thereof notwithstanding any
19 requirement of this part, except that a candidate for office
20 shall file a copy of his or her disclosure with the officer
21 before whom he or she qualifies.
22 (3)(2) For purposes of full and public disclosure
23 under s. 8(a), Art. II of the State Constitution, the
24 following items, if not held for investment purposes and if
25 valued at over $1,000 in the aggregate, may be reported in a
26 lump sum and identified as "household goods and personal
27 effects":
28 (a) Jewelry;
29 (b) Collections of stamps, guns, and numismatic
30 properties;
31 (c) Art objects;
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (d) Household equipment and furnishings;
2 (e) Clothing;
3 (f) Other household items; and
4 (g) Vehicles for personal use.
5 (4) In addition to the requirements of s. 8, Art. II
6 of the State Constitution, any person required to file a full
7 and public disclosure of financial interests shall identify
8 the name of each business associate, as defined in s. 112.312,
9 and the name and address of the business enterprise associated
10 therewith, along with as clear a description as practicable of
11 the principal type of business conducted by the business
12 enterprise.
13 (5)(a) Full and public disclosure filed pursuant to s.
14 8, Art. II of the State Constitution requires the reporting of
15 net worth in one of the following dollar categories:
16 1. Less than one dollar.
17 2. $1 to $100,000.
18 3. $100,001 to $250,000.
19 4. $250,001 to $500,000.
20 5. $500,001 to $1,000,000.
21 6. $1,000,001 to $2,000,000.
22 7. Greater than $2,000,000.
23 (b) Full and public disclosure filed pursuant to s. 8,
24 Art. II of the State Constitution requires the reporting of
25 each asset and liability in excess of $1,000 in one of the
26 following categories:
27 1. $1,001 to $5,000.
28 2. $5,001 to $10,000.
29 3. $10,001 to $25,000.
30 4. $25,001 to $50,000.
31 5. $50,001 to $100,000.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 6. $100,001 to $250,000.
2 7. $250,001 to $500,000.
3 8. $500,001 to $1,000,000.
4 9. Greater than $1,000,000.
5 (6)(3) Forms for compliance with the full and public
6 disclosure requirements of s. 8, Art. II of the State
7 Constitution, and a current list of persons required to file
8 full and public disclosure by s. 8, Art. II of the State
9 Constitution, or other state law, shall be created provided by
10 the Commission on Ethics. The commission to the Secretary of
11 State, who shall give notice of disclosure deadlines and
12 delinquencies and distribute forms in the following manner:
13 (a) Not later than May 1 of each year, the commission
14 on Ethics shall prepare a current list of the names and
15 addresses of and the offices held by every person required to
16 file full and public disclosure annually by s. 8, Art. II of
17 the State Constitution, or other state law, and shall provide
18 the Secretary of State with the mailing list. In compiling the
19 list, the commission shall be assisted by each unit of
20 government in providing at the request of the commission the
21 name, address, and name of the office held by each public
22 official within the respective unit of government.
23 (b) Not later than 30 days before July 1 of each year,
24 the commission Secretary of State shall mail a copy of the
25 form prescribed for compliance with full and public disclosure
26 and a notice of the filing deadline to each person on the
27 mailing list.
28 (c) Not later than 30 days after July 1 of each year,
29 the commission Secretary of State shall determine which
30 persons on the mailing list have failed to file full and
31 public disclosure and shall send delinquency notices by
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 certified mail to such persons. Each notice shall state that a
2 grace period is in effect until September 1 of the current
3 year and that, if the statement is not filed by September 1 of
4 the current year, a $100 fine for each day late will be
5 imposed, up to a maximum penalty of $2,500 the Secretary of
6 State is required by law to notify the Commission on Ethics of
7 the delinquency.
8 (d)1. Any person receiving a delinquency notice
9 pursuant to paragraph (c) who fails to file a full and public
10 disclosure of financial interest by 5 p.m. on September 1 of
11 the current year is subject to a fine of $100 per day for each
12 day late up to a maximum late-filing penalty of $2,500.
13 However, any disclosure that is postmarked by the United
14 States Postal Service no later than midnight of the due date
15 is considered to be filed in a timely manner, and a
16 certificate of mailing obtained from and dated by the United
17 States Postal Service at the time of the mailing, or a receipt
18 from an established courier company which bears a date on or
19 before the due date, is proof of mailing in a timely manner.
20 2. Upon receipt of the full and public disclosure of
21 financial interests or upon accrual of the maximum penalty,
22 whichever occurs first, the commission shall determine the
23 amount of the fine that is due and shall notify the delinquent
24 person. The notice must include an explanation of the appeal
25 procedure in subparagraph 3. The commission shall determine
26 the amount of the fine due based upon the earliest of the
27 following:
28 a. When the disclosure is actually received by the
29 commission or supervisor.
30 b. When the disclosure is postmarked.
31 c. When the certificate of mailing is dated.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 d. When the receipt from an established courier
2 company is dated.
3
4 The fine must be paid within 20 days after receipt of the
5 notice of payment due, unless appeal is made to the commission
6 pursuant to subparagraph 3.
7 3. Any person incurring a fine may appeal or dispute
8 the fine, based upon unusual circumstances surrounding the
9 failure to file on the designated due date, and may request
10 and is entitled to a hearing before the commission, which
11 shall have the authority to waive the fine in whole or in
12 part. Any request must be made within 20 days after receipt
13 of the notice of payment due. In such case, the person
14 incurring the fine must, within the 20-day period, notify the
15 commission in writing of his or her intention to bring the
16 matter before the commission.
17 (d) Not later than 30 days following September 1 of
18 each year, the Secretary of State shall certify to the
19 Commission on Ethics a list of the names and addresses of and
20 the offices held by all persons on the mailing list who have
21 failed to timely file full and public disclosure. The
22 certification shall be on a form prescribed by the commission
23 and shall indicate whether the Secretary of State has provided
24 the disclosure forms and notice as required by this section to
25 all persons named on the delinquency list.
26 (e) Any person subject to the annual filing of full
27 and public disclosure under s. 8, Art. II of the State
28 Constitution, or other state law, whose name is not on the
29 commission's mailing list of persons required to file full and
30 public disclosure provided to the Secretary of State shall not
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 be deemed delinquent for failure to file full and public
2 disclosure in any year in which the omission occurred.
3 (f) The notification requirements and fines of this
4 subsection do not apply to candidates or to the first filing
5 required of any person appointed to elective constitutional
6 office. The appointing official shall notify such newly
7 appointed person of the obligation to file full and public
8 disclosure by July 1.
9 (7) In addition to any other report required by this
10 section, any person who leaves an office subject to full and
11 public disclosure shall, by July 1 of the year after leaving
12 office, file a full and public disclosure of financial
13 interests for the part of the calendar or fiscal year during
14 which the person held the office.
15 (8)(a) The fine prescribed in subsection (6) is the
16 exclusive penalty for the late filing of full and public
17 disclosure of financial interests, notwithstanding s. 112.317.
18 However, the fine may not be construed to limit or conflict
19 with the power of the commission to investigate complaints and
20 recommend penalties for other violations of the Ethics Code,
21 including other violations involving the full and public
22 disclosure of financial interests.
23 (b) If any person fails or refuses to pay any late
24 filing fine authorized in subsection (6), the Department of
25 Revenue is responsible for collecting the fine.
26 (c) All late-filing fines collected by the commission
27 or the Department of Revenue shall be deposited to the General
28 Revenue Fund of the state.
29 Section 3. Section 112.3145, Florida Statutes, is
30 amended to read:
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 112.3145 Disclosure of financial interests and clients
2 represented before agencies.--
3 (1) For purposes of this section, unless the context
4 otherwise requires, the term:
5 (a) "Local officer" means:
6 1. Every person who is elected to office in any
7 political subdivision of the state, and every person who is
8 appointed to fill a vacancy for an unexpired term in such an
9 elective office.
10 2. Any appointed member of a board; commission;
11 authority, including any expressway authority or
12 transportation authority established by general law; community
13 college district board of trustees; or council of any
14 political subdivision of the state, excluding any member of an
15 advisory body. A governmental body with land-planning, zoning,
16 or natural resources responsibilities shall not be considered
17 an advisory body.
18 3. Any person holding one or more of the following
19 positions: mayor; county or city manager; chief administrative
20 employee of a county, municipality, or other political
21 subdivision; county or municipal attorney; chief county or
22 municipal building inspector; county or municipal water
23 resources coordinator; county or municipal pollution control
24 director; county or municipal environmental control director;
25 county or municipal administrator, with power to grant or deny
26 a land development permit; chief of police; fire chief;
27 municipal clerk; district school superintendent; community
28 college president; district medical examiner; or purchasing
29 agent having the authority to make any purchase exceeding
30 $5,000 $1,000 for any political subdivision of the state or
31 any entity thereof.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (b) "Specified state employee" means:
2 1. Public counsel created by chapter 350, an assistant
3 state attorney, an assistant public defender, a full-time
4 state employee who serves as counsel or assistant counsel to
5 any state agency, a judge of compensation claims, an
6 administrative law judge, or a hearing officer.
7 2. Any person employed in the office of the Governor
8 or in the office of any member of the Cabinet if that person
9 is exempt from the Career Service System, except persons
10 employed in clerical, secretarial, or similar positions.
11 3. Each appointed secretary, assistant secretary,
12 deputy secretary, executive director, assistant executive
13 director, or deputy executive director of each state
14 department, commission, board, or council; unless otherwise
15 provided, the division director, assistant division director,
16 deputy director, bureau chief, and assistant bureau chief of
17 any state department or division; or any person having the
18 power normally conferred upon such persons, by whatever title.
19 4. The superintendent or institute director of a state
20 mental health institute established for training and research
21 in the mental health field or the superintendent or director
22 of any major state institution or facility established for
23 corrections, training, treatment, or rehabilitation.
24 5. Business managers, purchasing agents having the
25 power to make any purchase exceeding $5,000 $1,000, finance
26 and accounting directors, personnel officers, or grants
27 coordinators for any state agency.
28 6. Any person, other than a legislative assistant
29 exempted by the presiding officer of the house by which the
30 legislative assistant is employed, who is employed in the
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 legislative branch of government, except persons employed in
2 maintenance, clerical, secretarial, or similar positions.
3 7. Each employee of the Commission on Ethics.
4 (c) "State officer" means:
5 1. Any elected public officer, excluding those elected
6 to the United States Senate and House of Representatives, not
7 covered elsewhere in this part and any person who is appointed
8 to fill a vacancy for an unexpired term in such an elective
9 office.
10 2. An appointed member of each board, commission,
11 authority, or council having statewide jurisdiction, excluding
12 a member of an advisory body.
13 3. A member of the Board of Regents, the Chancellor
14 and Vice Chancellors of the State University System, and the
15 president of a state university.
16 (2)(a) A person seeking nomination or election to a
17 state or local elective office shall file a statement of
18 financial interests together with, and at the same time he or
19 she files, qualifying papers.
20 (b) Each state or local officer and each specified
21 state employee shall file a statement of financial interests
22 no later than July 1 of each year during which the officer or
23 employee holds such office or employment and of the year after
24 leaving such office or employment. The reporting period for
25 the post-departure filing is between January 1 of the year in
26 which the officer or employee departs and the last day of
27 office or employment. Each state or local officer who is
28 appointed and each specified state employee who is employed
29 shall file a statement of financial interests within 30 days
30 from the date of appointment or, in the case of a specified
31 state employee, from the date on which the employment begins,
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 except that any person whose appointment is subject to
2 confirmation by the Senate shall file prior to confirmation
3 hearings or within 30 days from the date of appointment,
4 whichever comes first.
5 (c) State officers, persons qualifying for a state
6 office, and specified state employees shall file their
7 statements of financial interests with the Commission on
8 Ethics Secretary of State. Local officers shall file their
9 statements of financial interests with the supervisor of
10 elections of the county in which they permanently reside.
11 Local officers who do not permanently reside in any county in
12 the state shall file their statements of financial interests
13 with the supervisor of elections of the county in which their
14 agency maintains its headquarters. Persons seeking to qualify
15 as candidates for local public office shall file their
16 statements of financial interests with the officer before whom
17 they qualify.
18 (3) The statement of financial interests for state
19 officers, specified state employees, local officers, and
20 persons seeking to qualify as candidates for state or local
21 office shall be filed even if the reporting person holds no
22 financial interests requiring disclosure, in which case the
23 statement shall be marked "not applicable." Otherwise, the
24 statement of financial interests shall include:
25 (a) All sources of income in excess of $2,500 5
26 percent of the gross income received during the disclosure
27 period by the person in his or her own name or by any other
28 person for his or her use or benefit, excluding public salary.
29 However, this shall not be construed to require disclosure of
30 a business partner's sources of income. The person reporting
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 shall list such sources in descending order of value with the
2 largest source first.
3 (b) All sources of income to a business entity in
4 excess of 10 percent of the gross income of a business entity
5 in which the reporting person held a material interest and
6 from which he or she received gross income in excess of $5,000
7 during the disclosure period an amount which was in excess of
8 10 percent of his or her gross income during the disclosure
9 period and which exceeds $1,500. The period for computing the
10 gross income of the business entity is the fiscal year of the
11 business entity which ended on, or immediately prior to, the
12 end of the disclosure period of the person reporting.
13 (c) The location or description of real property in
14 this state, except for residences and vacation homes, owned
15 directly or indirectly by the person reporting, when such
16 person owns in excess of 5 percent of the value of such real
17 property, and a general description of any intangible personal
18 property worth in excess of $10,000 10 percent of such
19 person's total assets. For the purposes of this paragraph,
20 indirect ownership does not include ownership by a spouse or
21 minor child.
22 (d) Every liability in excess of $10,000 which in sum
23 equals more than the reporting person's net worth.
24 (e) The name of each business associate, as defined in
25 s. 112.312, and the name and address of the business
26 enterprise associated therewith, along with as clear a
27 description as practicable of the principal type of business
28 conducted by the business enterprise.
29 (4) Each elected constitutional officer, state
30 officer, local officer, and specified state employee shall
31 file a quarterly report of the names of clients represented
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 for a fee or commission, except for appearances in ministerial
2 matters, before agencies at his or her level of government.
3 For the purposes of this part, agencies of government shall be
4 classified as state-level agencies or agencies below state
5 level. Each local officer shall file such report with the
6 supervisor of elections of the county in which the officer is
7 principally employed or is a resident. Each state officer,
8 elected constitutional officer, and specified state employee
9 shall file such report with the commission Secretary of State.
10 The report shall be filed only when a reportable
11 representation is made during the calendar quarter and shall
12 be filed no later than 15 days after the last day of the
13 quarter. Representation before any agency shall be deemed to
14 include representation by such officer or specified state
15 employee or by any partner or associate of the professional
16 firm of which he or she is a member and of which he or she has
17 actual knowledge. For the purposes of this subsection, the
18 term "representation before any agency" does not include
19 appearances before any court or Chief Judges of Compensation
20 Claims or judges of compensation claims or representations on
21 behalf of one's agency in one's official capacity. Such term
22 does not include the preparation and filing of forms and
23 applications merely for the purpose of obtaining or
24 transferring a license based on a quota or a franchise of such
25 agency or a license or operation permit to engage in a
26 profession, business, or occupation, so long as the issuance
27 or granting of such license, permit, or transfer does not
28 require substantial discretion, a variance, a special
29 consideration, or a certificate of public convenience and
30 necessity.
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (5) Each elected constitutional officer and each
2 candidate for such office, any other public officer required
3 pursuant to s. 8, Art. II of the State Constitution to file a
4 full and public disclosure of his or her financial interests,
5 and each state officer, local officer, specified state
6 employee, and candidate for elective public office who is or
7 was during the disclosure period an officer, director,
8 partner, proprietor, or agent, other than a resident agent
9 solely for service of process, of, or owns or owned during the
10 disclosure period a material interest in, any business entity
11 which is granted a privilege to operate in this state shall
12 disclose such facts as a part of the disclosure form filed
13 pursuant to s. 8, Art. II of the State Constitution or this
14 section, as applicable. The statement shall give the name,
15 address, and principal business activity of the business
16 entity and shall state the position held with such business
17 entity or the fact that a material interest is owned and the
18 nature of that interest.
19 (6) Forms for compliance with the disclosure
20 requirements of this section and a current list of persons
21 subject to disclosure shall be created provided by the
22 commission on Ethics to the Secretary of State and provided to
23 each supervisor of elections. The commission and each
24 supervisor of elections, who shall give notice of disclosure
25 deadlines and delinquencies and distribute forms in the
26 following manner:
27 (a)1. Not later than May 1 of each year, the
28 commission on Ethics shall prepare a current list of the names
29 and addresses of, and the offices or positions held by, every
30 state officer, local officer, and specified employee. In
31 compiling the list, the commission shall be assisted by each
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 unit of government in providing, at the request of the
2 commission, the name, address, and name of agency of, and the
3 office or position held by, each state officer, local officer,
4 or specified state employee within the respective unit of
5 government.
6 2. Not later than May 15 of each year, the commission
7 shall provide the Secretary of State with a current mailing
8 list of all state officers and specified employees and shall
9 provide each supervisor of elections with a current mailing
10 list of all local officers required to file with such
11 supervisor of elections.
12 (b) Not later than 30 days before July 1 of each year,
13 the commission Secretary of State and each supervisor of
14 elections, as appropriate, shall mail a copy of the form
15 prescribed for compliance with subsection (3) and a notice of
16 all applicable disclosure forms and filing deadlines to each
17 person required to file a statement of financial interests.
18 (c) Not later than 30 days after July 1 of each year,
19 the commission Secretary of State and each supervisor of
20 elections shall determine which persons required to file a
21 statement of financial interests in their respective offices
22 have failed to do so and shall send delinquency notices by
23 certified mail to such persons. Each notice shall state that
24 a grace period is in effect until September 1 of the current
25 year; that no investigative or disciplinary action based upon
26 the delinquency will be taken by the agency head or Commission
27 on Ethics if the statement is filed by September 1 of the
28 current year; that, if the statement is not filed by September
29 1 of the current year, a fine of $50 for each day late will be
30 imposed, up to a maximum penalty of $1,000 he or she is
31 required by law to notify the Commission on Ethics of the
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 delinquency; and that, if upon the filing of a sworn complaint
2 the commission finds that the person has failed to timely file
3 the statement by September 1 of the current year, such person
4 shall be subject to the penalties provided in s. 112.317.
5 (d) No later than September 30 of each year Not later
6 than 30 days following September 1 of each year, the Secretary
7 of State and the supervisor of elections in each county shall
8 certify to the commission on Ethics a list of the names and
9 addresses of, and the offices or positions held by, all
10 persons who have failed to timely file the required statements
11 of financial interests. The certification must include the
12 earliest of the dates described in subparagraph (e)2. The
13 certification shall be on a form prescribed by the commission
14 and shall indicate whether the supervisor of elections
15 respective certifying official has provided the disclosure
16 forms and notice as required by this subsection to all persons
17 named on the delinquency list.
18 (e)1. Any person receiving a delinquency notice
19 pursuant to paragraph (c) who fails to file a statement of
20 financial interests by 5 p.m. on September 1 of the current
21 year is subject to a fine of $50 per day for each late day, up
22 to a maximum late-filing penalty of $1,000. However, any
23 statement that is postmarked by the United States Postal
24 Service no later than midnight of the due date is considered
25 to be filed in a timely manner, and a certificate of mailing
26 obtained from and dated by the United States Postal Service at
27 the time of the mailing, or a receipt from an established
28 courier company which bears a date on or before the due date,
29 is proof of mailing in a timely manner.
30 2. For a specified state employee and a state officer,
31 upon receipt by the commission of the statement of financial
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 interests or upon accrual of the maximum penalty, whichever
2 occurs first, and for a local officer upon receipt by the
3 commission of the certification from the local officer's
4 supervisor of elections pursuant to paragraph (d), the
5 commission shall determine the amount of the fine that is due
6 and shall notify the delinquent person. The notice must
7 include an explanation of the appeal procedure in subparagraph
8 3. The commission shall determine the amount of the fine due
9 based upon the earliest of the following:
10 a. When the statement is actually received by the
11 commission or supervisor, as appropriate.
12 b. When the statement is postmarked.
13 c. When the certificate of mailing is dated.
14 d. When the receipt from an established courier
15 company is dated.
16
17 The fine must be paid within 20 days after receipt of the
18 notice of payment due, unless appeal is made to the commission
19 pursuant to subparagraph 3.
20 3. Any person incurring a fine may appeal or dispute
21 the fine, based upon unusual circumstances surrounding the
22 failure to file on the designated due date, and may request
23 and is entitled to a hearing before the commission, which
24 shall have the authority to waive the fine in whole or in
25 part. Any such request must be made within 20 days after
26 receipt of the notice of payment due. In such case, the
27 person incurring the fine must, within the 20-day period,
28 notify the commission in writing of his or her intention to
29 bring the matter before the commission.
30 (f)(e) Any state officer, local officer, or specified
31 employee whose name is not on the mailing list used by the
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 commission provided to the Secretary of State or the
2 supervisor of elections to provide the disclosure forms and
3 notice as required by this subsection is not subject to the
4 penalties provided in s. 112.317 or the late-filing fine
5 provided for in this subsection for failure to timely file a
6 statement of financial interests in any year in which the
7 omission occurred.
8 (g)(f) The notification requirements and fines of this
9 subsection do not apply to candidates or to the first filing
10 required of any state officer, specified employee, or local
11 officer.
12 (7)(a) The fine prescribed in subsection (6) is the
13 exclusive penalty for the late filing of financial statements,
14 notwithstanding s. 112.317. However, the fine may not be
15 construed to limit or conflict with the power of the
16 commission to investigate complaints and recommend penalties
17 for other violations of the Ethics Code, including other
18 violations involving the statement of financial interests.
19 (b) If any person fails or refuses to pay any late
20 filing fine authorized in subsection (6), the Department of
21 Revenue is responsible for collecting the fine.
22 (c) All late filing fines collected by the commission
23 or the Department of Revenue shall be deposited to the General
24 Revenue Fund of the state.
25 (8)(7) The appointing official or body shall notify
26 each newly appointed local officer, state officer, or
27 specified state employee, not later than the date of
28 appointment, of the officer's or employee's duty to comply
29 with the disclosure requirements of this section. The agency
30 head of each employing agency shall notify each newly employed
31 local officer or specified state employee, not later than the
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 day of employment, of the officer's or employee's duty to
2 comply with the disclosure requirements of this section. The
3 appointing official or body or employing agency head may
4 designate a person to be responsible for the notification
5 requirements of this section.
6 (9)(8) A public officer who has filed a disclosure for
7 any calendar or fiscal year shall not be required to file a
8 second disclosure for the same year or any part thereof,
9 notwithstanding any requirement of this act, except that any
10 public officer who qualifies as a candidate for public office
11 shall file a copy of the disclosure with the officer before
12 whom he or she qualifies as a candidate at the time of
13 qualification.
14 Section 4. Section 112.3148, Florida Statutes, is
15 amended to read:
16 112.3148 Reporting and prohibited receipt of gifts by
17 individuals filing full or limited public disclosure of
18 financial interests and by procurement employees.--
19 (1) The provisions of this section do not apply to
20 gifts solicited or accepted by a reporting individual or
21 procurement employee from a relative.
22 (2) As used in this section:
23 (a) "Immediate family" means any parent, spouse,
24 child, or sibling.
25 (b)1. "Lobbyist" means any natural person who, for
26 compensation, seeks, or sought during the preceding 12 months,
27 to influence the governmental decisionmaking of a reporting
28 individual or procurement employee or his or her agency or
29 seeks, or sought during the preceding 12 months, to encourage
30 the passage, defeat, or modification of any proposal or
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 recommendation by the reporting individual or procurement
2 employee or his or her agency.
3 2. With respect to an agency that has established by
4 rule, ordinance, or law a registration process for persons
5 seeking to influence decisionmaking or to encourage the
6 passage, defeat, or modification of any proposal or
7 recommendation by such agency or an employee or official of
8 the agency, the term "lobbyist" includes only a person who is
9 required to be registered as a lobbyist in accordance with
10 such rule, ordinance, or law or who was during the preceding
11 12 months required to be registered as a lobbyist in
12 accordance with such rule, ordinance, or law. At a minimum,
13 such a registration system must require the registration of,
14 or must designate, persons as "lobbyists" who engage in the
15 same activities as require registration to lobby the
16 Legislature pursuant to s. 11.045.
17 (c) "Person" includes individuals, firms,
18 associations, joint ventures, partnerships, estates, trusts,
19 business trusts, syndicates, fiduciaries, corporations, and
20 all other groups or combinations.
21 (d) "Reporting individual" means any individual,
22 including a candidate, who is required by law, pursuant to s.
23 8, Art. II of the State Constitution or s. 112.3145, to file
24 full or limited public disclosure of his or her financial
25 interests or any individual who has been elected to, but has
26 yet to officially assume the responsibilities of, public
27 office. For purposes of implementing this section, the
28 "agency" of a reporting individual who is not an officer or
29 employee in public service is the agency to which the
30 candidate seeks election, or in the case of an individual
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 elected to but yet to formally take office, the agency in
2 which the individual has been elected to serve.
3 (e) "Procurement employee" means any employee of an
4 officer, department, board, commission, or council of the
5 executive branch or judicial branch of state government who
6 participates through decision, approval, disapproval,
7 recommendation, preparation of any part of a purchase request,
8 influencing the content of any specification or procurement
9 standard, rendering of advice, investigation, or auditing or
10 in any other advisory capacity in the procurement of
11 contractual services or commodities as defined in s. 287.012,
12 if the cost of such services or commodities exceeds $5,000
13 $1,000 in any year.
14 (3) A reporting individual or procurement employee is
15 prohibited from soliciting any gift from a political committee
16 or committee of continuous existence, as defined in s.
17 106.011, or from a lobbyist who lobbies the reporting
18 individual's or procurement employee's agency, or the partner,
19 firm, employer, or principal of such lobbyist, where such gift
20 is for the personal benefit of the reporting individual or
21 procurement employee, another reporting individual or
22 procurement employee, or any member of the immediate family of
23 a reporting individual or procurement employee.
24 (4) A reporting individual or procurement employee or
25 any other person on his or her behalf is prohibited from
26 knowingly accepting, directly or indirectly, a gift from a
27 political committee or committee of continuous existence, as
28 defined in s. 106.011, or from a lobbyist who lobbies the
29 reporting individual's or procurement employee's agency, or
30 directly or indirectly on behalf of the partner, firm,
31 employer, or principal of a lobbyist, if he or she knows or
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 reasonably believes that the gift has a value in excess of
2 $100; however, such a gift may be accepted by such person on
3 behalf of a governmental entity or a charitable organization.
4 If the gift is accepted on behalf of a governmental entity or
5 charitable organization, the person receiving the gift shall
6 not maintain custody of the gift for any period of time beyond
7 that reasonably necessary to arrange for the transfer of
8 custody and ownership of the gift.
9 (5)(a) A political committee or a committee of
10 continuous existence, as defined in s. 106.011; a lobbyist who
11 lobbies a reporting individual's or procurement employee's
12 agency; the partner, firm, employer, or principal of a
13 lobbyist; or another on behalf of the lobbyist or partner,
14 firm, principal, or employer of the lobbyist is prohibited
15 from giving, either directly or indirectly, a gift that has a
16 value in excess of $100 to the reporting individual or
17 procurement employee or any other person on his or her behalf;
18 however, such person may give a gift having a value in excess
19 of $100 to a reporting individual or procurement employee if
20 the gift is intended to be transferred to a governmental
21 entity or a charitable organization.
22 (b) However, a person who is regulated by this
23 subsection, who is not regulated by subsection (6), and who
24 makes, or directs another to make, an individual gift having a
25 value in excess of $25, but not in excess of $100, other than
26 a gift which the donor knows will be accepted on behalf of a
27 governmental entity or charitable organization, must file a
28 report on the last day of each calendar quarter, for the
29 previous calendar quarter in which a reportable gift is made.
30 The report shall be filed with the Commission on Ethics
31 Secretary of State, except with respect to gifts to reporting
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 individuals of the legislative branch, in which case the
2 report shall be filed with the Division of Legislative
3 Information Services in the Office of Legislative Services.
4 The report must contain a description of each gift, the
5 monetary value thereof, the name and address of the person
6 making such gift, the name and address of the recipient of the
7 gift, and the date such gift is given. In addition, when a
8 gift is made which requires the filing of a report under this
9 subsection, the donor must notify the intended recipient at
10 the time the gift is made that the donor, or another on his or
11 her behalf, will report the gift under this subsection. Under
12 this paragraph, a gift need not be reported by more than one
13 person or entity.
14 (6)(a) Notwithstanding the provisions of subsection
15 (5), an entity of the legislative or judicial branch, a
16 department or commission of the executive branch, a water
17 management district created pursuant to s. 373.069, Tri-County
18 Commuter Rail Authority, a county, a municipality, an airport
19 authority, or a school board may give, either directly or
20 indirectly, a gift having a value in excess of $100 to any
21 reporting individual or procurement employee if a public
22 purpose can be shown for the gift; and a direct-support
23 organization specifically authorized by law to support a
24 governmental entity may give such a gift to a reporting
25 individual or procurement employee who is an officer or
26 employee of such governmental entity.
27 (b) Notwithstanding the provisions of subsection (4),
28 a reporting individual or procurement employee may accept a
29 gift having a value in excess of $100 from an entity of the
30 legislative or judicial branch, a department or commission of
31 the executive branch, a water management district created
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 pursuant to s. 373.069, Tri-County Commuter Rail Authority, a
2 county, a municipality, an airport authority, or a school
3 board if a public purpose can be shown for the gift; and a
4 reporting individual or procurement employee who is an officer
5 or employee of a governmental entity supported by a
6 direct-support organization specifically authorized by law to
7 support such governmental entity may accept such a gift from
8 such direct-support organization.
9 (c) No later than March 1 of each year, each
10 governmental entity or direct-support organization
11 specifically authorized by law to support a governmental
12 entity which has given a gift to a reporting individual or
13 procurement employee under paragraph (a) shall provide the
14 reporting individual or procurement employee with a statement
15 of each gift having a value in excess of $100 given to such
16 reporting individual or procurement employee by the
17 governmental entity or direct-support organization during the
18 preceding calendar year. Such report shall contain a
19 description of each gift, the date on which the gift was
20 given, and the value of the total gifts given by the
21 governmental entity or direct-support organization to the
22 reporting individual or procurement employee during the
23 calendar year for which the report is made. A governmental
24 entity may provide a single report to the reporting individual
25 or procurement employee of gifts provided by the governmental
26 entity and any direct-support organization specifically
27 authorized by law to support such governmental entity.
28 (d) No later than July 1 of each year, each reporting
29 individual or procurement employee shall file a statement
30 listing each gift having a value in excess of $100 received by
31 the reporting individual or procurement employee, either
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 directly or indirectly, from a governmental entity or a
2 direct-support organization specifically authorized by law to
3 support a governmental entity. The statement shall list the
4 name of the person providing the gift, a description of the
5 gift, the date or dates on which the gift was given, and the
6 value of the total gifts given during the calendar year for
7 which the report is made. The reporting individual or
8 procurement employee shall attach to such statement any report
9 received by him or her in accordance with paragraph (c), which
10 report shall become a public record when filed with the
11 statement of the reporting individual or procurement employee.
12 The reporting individual or procurement employee may explain
13 any differences between the report of the reporting individual
14 or procurement employee and the attached reports. The annual
15 report filed by a reporting individual shall be filed with the
16 financial disclosure statement required by either s. 8, Art.
17 II of the State Constitution or s. 112.3145, as applicable to
18 the reporting individual. The annual report filed by a
19 procurement employee shall be filed with the Commission on
20 Ethics Department of State.
21 (7)(a) The value of a gift provided to a reporting
22 individual or procurement employee shall be determined using
23 actual cost to the donor, less taxes and gratuities, and, with
24 respect to personal services provided by the donor, the
25 reasonable and customary charge regularly charged for such
26 service in the community in which the service is provided
27 shall be used. If additional expenses are required as a
28 condition precedent to eligibility of the donor to purchase or
29 provide a gift and such expenses are primarily for the benefit
30 of the donor or are of a charitable nature, such expenses
31 shall not be included in determining the value of the gift.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (b) Compensation provided by the donee to the donor,
2 if provided within 90 days of receipt, shall be deducted from
3 the value of the gift in determining the value of the gift.
4 (c) If the actual gift value attributable to
5 individual participants at an event cannot be determined, the
6 total costs shall be prorated among all invited persons,
7 whether or not they are reporting individuals or procurement
8 employees.
9 (d) Transportation shall be valued on a round-trip
10 basis unless only one-way transportation is provided.
11 Round-trip transportation expenses shall be considered a
12 single gift. Transportation provided in a private conveyance
13 shall be given the same value as transportation provided in a
14 comparable commercial conveyance.
15 (e) Lodging provided on consecutive days shall be
16 considered a single gift. Lodging in a private residence
17 shall be valued at the per diem rate provided in s.
18 112.061(6)(a)1. less the meal allowance rate provided in s.
19 112.061(6)(b).
20 (f) Food and beverages which are not consumed at a
21 single sitting or meal and which are provided on the same
22 calendar day shall be considered a single gift, and the total
23 value of all food and beverages provided on that date shall be
24 considered the value of the gift. Food and beverage consumed
25 at a single sitting or meal shall be considered a single gift
26 and the value of the food and beverage provided at that
27 sitting or meal shall be considered the value of the gift.
28 (g) Membership dues paid to the same organization
29 during any 12-month period shall be considered a single gift.
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (h) Entrance fees, admission fees, or tickets shall be
2 valued on the face value of the ticket or fee, or on a daily
3 or per event basis, whichever is greater.
4 (i) Except as otherwise specified in this section, a
5 gift shall be valued on a per occurrence basis.
6 (j) The value of a gift provided to several
7 individuals may be attributed on a pro rata basis among all of
8 the individuals. If the gift is food, beverage, entertainment,
9 or similar items, provided at a function for more than 10
10 people, the value of the gift to each individual shall be the
11 total value of the items provided divided by the number of
12 persons invited to the function, unless the items are
13 purchased on a per person basis, in which case the value of
14 the gift to each person is the per person cost.
15 (k) The value of a gift of an admission ticket shall
16 not include that portion of the cost which represents a
17 charitable contribution, if the gift is provided by the
18 charitable organization.
19 (8)(a) Each reporting individual or procurement
20 employee shall file a statement with the Commission on Ethics
21 Secretary of State on the last day of each calendar quarter,
22 for the previous calendar quarter, containing a list of gifts
23 which he or she believes to be in excess of $100 in value, if
24 any, accepted by him or her, for which compensation was not
25 provided by the donee to the donor within 90 days of receipt
26 of the gift to reduce the value to $100 or less, except the
27 following:
28 1. Gifts from relatives.
29 2. Gifts prohibited by subsection (4) or s.
30 112.313(4).
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 3. Gifts otherwise required to be disclosed by this
2 section.
3 (b) The statement shall include:
4 1. A description of the gift, the monetary value of
5 the gift, the name and address of the person making the gift,
6 and the dates thereof. If any of these facts, other than the
7 gift description, are unknown or not applicable, the report
8 shall so state.
9 2. A copy of any receipt for such gift provided to the
10 reporting individual or procurement employee by the donor.
11 (c) The statement may include an explanation of any
12 differences between the reporting individual's or procurement
13 employee's statement and the receipt provided by the donor.
14 (d) The reporting individual's or procurement
15 employee's statement shall be sworn to by such person as being
16 a true, accurate, and total listing of all such gifts.
17 (e) If a reporting individual or procurement employee
18 has not received any gifts described in paragraph (a) during a
19 calendar quarter, he or she is not required to file a
20 statement under this subsection for that calendar quarter.
21 (9) A person, other than a lobbyist regulated under s.
22 11.045, who violates the provisions of subsection (5) commits
23 a noncriminal infraction, punishable by a fine of not more
24 than $5,000 and by a prohibition on lobbying, or employing a
25 lobbyist to lobby, before the agency of the reporting
26 individual or procurement employee to which the gift was given
27 in violation of subsection (5), for a period of not more than
28 24 months. The state attorney, or an agency, if otherwise
29 authorized, may initiate an action to impose or recover a fine
30 authorized under this section or to impose or enforce a
31 limitation on lobbying provided in this section.
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (10) A member of the Legislature may request an
2 advisory opinion from the general counsel of the house of
3 which he or she is a member as to the application of this
4 section to a specific situation. The general counsel shall
5 issue the opinion within 10 days after receiving the request.
6 The member of the Legislature may reasonably rely on such
7 opinion.
8 Section 5. Paragraph (e) of subsection (1) and
9 Subsection (6) of section 112.3149, Florida Statutes, are
10 amended to read:
11 112.3149 Solicitation and disclosure of honoraria.--
12 (1) As used in this section:
13 (e) "Procurement employee" means any employee of an
14 officer, department, board, commission, or council of the
15 executive branch or judicial branch of state government who
16 participates through decision, approval, disapproval,
17 recommendation, preparation of any part of a purchase request,
18 influencing the content of any specification or procurement
19 standard, rendering of advice, investigation, or auditing or
20 in any other advisory capacity in the procurement of
21 contractual services or commodities as defined in s. 287.012,
22 if the cost of such services or commodities exceeds $5,000
23 $1,000 in any year.
24 (6) A reporting individual or procurement employee who
25 receives payment or provision of expenses related to any
26 honorarium event from a person who is prohibited by subsection
27 (4) from paying an honorarium to a reporting individual or
28 procurement employee shall publicly disclose on an annual
29 statement the name, address, and affiliation of the person
30 paying or providing the expenses; the amount of the honorarium
31 expenses; the date of the honorarium event; a description of
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 the expenses paid or provided on each day of the honorarium
2 event; and the total value of the expenses provided to the
3 reporting individual or procurement employee in connection
4 with the honorarium event. The annual statement of honorarium
5 expenses shall be filed by July 1 of each year for such
6 expenses received during the previous calendar year. The
7 reporting individual or procurement employee shall attach to
8 the annual statement a copy of each statement received by him
9 or her in accordance with subsection (5) regarding honorarium
10 expenses paid or provided during the calendar year for which
11 the annual statement is filed. Such attached statement shall
12 become a public record upon the filing of the annual report.
13 The annual statement of a reporting individual shall be filed
14 with the financial disclosure statement required by either s.
15 8, Art. II of the State Constitution or s. 112.3145, as
16 applicable to the reporting individual. The annual statement
17 of a procurement employee shall be filed with the Commission
18 on Ethics Department of State.
19 Section 6. Subsection (3) of section 112.324, Florida
20 Statutes, is amended to read:
21 112.324 Procedures on complaints of violations.--
22 (3) If, in cases pertaining to current members of the
23 Legislature, upon completion of a full and final investigation
24 by the commission, the commission finds that there has been a
25 violation of this part or of any provision of s. 8, Art. II of
26 the State Constitution, irrespective of whether the violative
27 act or omission occurred before or during the current member's
28 term of office, the commission shall forward a copy of the
29 complaint and its findings by certified mail to the President
30 of the Senate or the Speaker of the House of Representatives,
31 whichever is applicable, who shall refer the complaint to the
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 appropriate committee for investigation and action which shall
2 be governed by the rules of its respective house. It shall be
3 the duty of the committee to report its final action upon the
4 complaint to the commission within 90 days of the date of
5 transmittal to the respective house. Upon request of the
6 committee, the commission shall submit a recommendation as to
7 what penalty, if any, should be imposed. In the case of a
8 member of the Legislature, the house in which the member
9 serves shall have the power to invoke the penalty provisions
10 of this part.
11 Section 7. Section 914.21, Florida Statutes, is
12 amended to read:
13 914.21 Definitions.--As used in ss. 914.22-914.24, the
14 term:
15 (1) "Bodily injury" means:
16 (a) A cut, abrasion, bruise, burn, or disfigurement;
17 (b) Physical pain;
18 (c) Illness;
19 (d) Impairment of the function of a bodily member,
20 organ, or mental faculty; or
21 (e) Any other injury to the body, no matter how
22 temporary.
23 (2) "Misleading conduct" means:
24 (a) Knowingly making a false statement;
25 (b) Intentionally omitting information from a
26 statement and thereby causing a portion of such statement to
27 be misleading, or intentionally concealing a material fact and
28 thereby creating a false impression by such statement;
29 (c) With intent to mislead, knowingly submitting or
30 inviting reliance on a writing or recording that is false,
31 forged, altered, or otherwise lacking in authenticity;
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 (d) With intent to mislead, knowingly submitting or
2 inviting reliance on a sample, specimen, map, photograph,
3 boundary mark, or other object that is misleading in a
4 material respect; or
5 (e) Knowingly using a trick, scheme, or device with
6 intent to mislead.
7 (3) "Official investigation" means any investigation
8 instituted by a law enforcement agency or prosecuting officer
9 of the state or a political subdivision of the state, or any
10 investigation conducted by the Florida Commission on Ethics.
11 (4) "Official proceeding" means:
12 (a) A proceeding before a judge or court or a grand
13 jury;
14 (b) A proceeding before the Legislature; or
15 (c) A proceeding before a federal agency which is
16 authorized by law.
17 (d) A proceeding before the Florida Commission on
18 Ethics.
19 (5) "Physical force" means physical action against
20 another and includes confinement.
21 Section 8. Section 112.3151, Florida Statutes, is
22 repealed.
23 Section 9. The sum of $108,745 is appropriated from
24 the General Revenue Fund to the Commission on Ethics to effect
25 the transfer and administration of the financial disclosure
26 filing system from the Secretary of State.
27 Section 10. This act shall take effect January 1,
28 2000.
29
30
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 304
313-531-99
1 *****************************************
2 SENATE SUMMARY
3 Revises reporting requirements for disclosure of
financial interests under the code of ethics for public
4 officers and employees. Revises some fines and transfers
the administration of specific sections of the code of
5 ethics from the Secretary of State to the Commission on
Ethics. Provides an appropriation.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37