CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Arnall offered the following:
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13 Amendment to Senate Amendment (662280) (with title
14 amendment)
15 Beginning on page 1, line 17 through page 56, line 25
16 remove from the amendment: all of said lines
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18 and insert in lieu thereof:
19 Section 1. Subsections (12) and (14) of section
20 112.312, Florida Statutes, are amended to read:
21 112.312 Definitions.--As used in this part and for
22 purposes of the provisions of s. 8, Art. II of the State
23 Constitution, unless the context otherwise requires:
24 (12)(a) "Gift," for purposes of ethics in government
25 and financial disclosure required by law, means that which is
26 accepted by a donee or by another on the donee's behalf, or
27 that which is paid or given to another for or on behalf of a
28 donee, directly, indirectly, or in trust for the donee's
29 benefit or by any other means, for which equal or greater
30 consideration is not given within 90 days, including:
31 1. Real property.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 2. The use of real property.
2 3. Tangible or intangible personal property.
3 4. The use of tangible or intangible personal
4 property.
5 5. A preferential rate or terms on a debt, loan,
6 goods, or services, which rate is below the customary rate and
7 is not either a government rate available to all other
8 similarly situated government employees or officials or a rate
9 which is available to similarly situated members of the public
10 by virtue of occupation, affiliation, age, religion, sex, or
11 national origin.
12 6. Forgiveness of an indebtedness.
13 7. Transportation, other than that provided to a
14 public officer or employee by an agency in relation to
15 officially approved governmental business, lodging, or
16 parking.
17 8. Food or beverage.
18 9. Membership dues.
19 10. Entrance fees, admission fees, or tickets to
20 events, performances, or facilities.
21 11. Plants, flowers, or floral arrangements.
22 12. Services provided by persons pursuant to a
23 professional license or certificate.
24 13. Other personal services for which a fee is
25 normally charged by the person providing the services.
26 14. Any other similar service or thing having an
27 attributable value not already provided for in this section.
28 (b) "Gift" does not include:
29 1. Salary, benefits, services, fees, commissions,
30 gifts, or expenses associated primarily with the donee's
31 employment, business, or service as an officer or director of
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 a corporation or organization.
2 2. Contributions or expenditures reported pursuant to
3 chapter 106, campaign-related personal services provided
4 without compensation by individuals volunteering their time,
5 or any other contribution or expenditure by a political party.
6 3. An honorarium or an expense related to an
7 honorarium event paid to a person or the person's spouse.
8 4. An award, plaque, certificate, or similar
9 personalized item given in recognition of the donee's public,
10 civic, charitable, or professional service.
11 5. An honorary membership in a service or fraternal
12 organization presented merely as a courtesy by such
13 organization.
14 6. The use of a public facility or public property,
15 made available by a governmental agency, for a public purpose.
16 7. Transportation provided to a public officer or
17 employee by an agency in relation to officially approved
18 governmental business.
19 8. Gifts provided directly or indirectly by a state,
20 regional, or national organization which promotes the exchange
21 of ideas between, or the professional development of,
22 governmental officials or employees, and whose membership is
23 primarily composed of elected or appointed public officials or
24 staff, to members of that organization or officials or staff
25 of a governmental agency that is a member of that
26 organization.
27 (c) For the purposes of paragraph (a), "intangible
28 personal property" means property as defined in s.
29 192.001(11)(b).
30 (d) For the purposes of paragraph (a), the term
31 "consideration" does not include a promise to pay or otherwise
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 provide something of value unless the promise is in writing
2 and enforceable through the courts.
3 (14) "Liability" means any monetary debt or obligation
4 owed by the reporting person to another person, entity, or
5 governmental entity, except for credit card and retail
6 installment accounts, taxes owed unless reduced to a judgment,
7 indebtedness on a life insurance policy owed to the company of
8 issuance, contingent liabilities, or accrued income taxes on
9 net unrealized appreciation. Each liability which is required
10 to be disclosed by s. 8, Art. II of the State Constitution
11 shall identify the name and address of the creditor.
12 Section 2. Section 112.3144, Florida Statutes, is
13 amended to read:
14 112.3144 Full and public disclosure of financial
15 interests.--
16 (1) A person who is required, pursuant to s. 8, Art.
17 II of the State Constitution, to file a full and public
18 disclosure of financial interests for any calendar or fiscal
19 year shall file the disclosure with the Florida Commission on
20 Ethics.
21 (2)(1) A No person who is required, pursuant to s. 8,
22 Art. II of the State Constitution, to file a full and public
23 disclosure of financial interests and who has filed a full and
24 public disclosure of financial interests for any calendar or
25 fiscal year shall not be required to file a statement of
26 financial interests pursuant to s. 112.3145(2) and (3) for the
27 same year or for any part thereof notwithstanding any
28 requirement of this part, except that a candidate for office
29 shall file a copy of his or her disclosure with the officer
30 before whom he or she qualifies.
31 (3)(2) For purposes of full and public disclosure
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 under s. 8(a), Art. II of the State Constitution, the
2 following items, if not held for investment purposes and if
3 valued at over $1,000 in the aggregate, may be reported in a
4 lump sum and identified as "household goods and personal
5 effects":
6 (a) Jewelry;
7 (b) Collections of stamps, guns, and numismatic
8 properties;
9 (c) Art objects;
10 (d) Household equipment and furnishings;
11 (e) Clothing;
12 (f) Other household items; and
13 (g) Vehicles for personal use.
14 (4)(3) Forms for compliance with the full and public
15 disclosure requirements of s. 8, Art. II of the State
16 Constitution, and a current list of persons required to file
17 full and public disclosure by s. 8, Art. II of the State
18 Constitution, or other state law, shall be created provided by
19 the Commission on Ethics. The commission to the Secretary of
20 State, who shall give notice of disclosure deadlines and
21 delinquencies and distribute forms in the following manner:
22 (a) Not later than May 1 of each year, the commission
23 on Ethics shall prepare a current list of the names and
24 addresses of and the offices held by every person required to
25 file full and public disclosure annually by s. 8, Art. II of
26 the State Constitution, or other state law, and shall provide
27 the Secretary of State with the mailing list. In compiling the
28 list, the commission shall be assisted by each unit of
29 government in providing at the request of the commission the
30 name, address, and name of the office held by each public
31 official within the respective unit of government.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (b) Not later than 30 days before July 1 of each year,
2 the commission Secretary of State shall mail a copy of the
3 form prescribed for compliance with full and public disclosure
4 and a notice of the filing deadline to each person on the
5 mailing list.
6 (c) Not later than 30 days after July 1 of each year,
7 the commission Secretary of State shall determine which
8 persons on the mailing list have failed to file full and
9 public disclosure and shall send delinquency notices by
10 certified mail to such persons. Each notice must shall state
11 that a grace period is in effect until September 1 of the
12 current year and that, if the statement is not filed by
13 September 1 of the current year, a $25 fine for each day late
14 will be imposed, up to a maximum penalty of $1,500; and that,
15 if upon the filing of a sworn complaint the commission finds
16 that the person has failed to timely file the statement within
17 60 days after September 1 of the current year, such person
18 will also be subject to the penalties provided in s. 112.317
19 the Secretary of State is required by law to notify the
20 Commission on Ethics of the delinquency.
21 (d) Statements must be filed not later than 5 p.m. of
22 the due date. However, any statement that is postmarked by the
23 United States Postal Service by midnight of the due date is
24 deemed to have been filed in a timely manner, and a
25 certificate of mailing obtained from and dated by the United
26 States Postal Service at the time of the mailing, or a receipt
27 from an established courier company which bears a date on or
28 before the due date, constitutes proof of mailing in a timely
29 manner.
30 (d) Not later than 30 days following September 1 of
31 each year, the Secretary of State shall certify to the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 Commission on Ethics a list of the names and addresses of and
2 the offices held by all persons on the mailing list who have
3 failed to timely file full and public disclosure. The
4 certification shall be on a form prescribed by the commission
5 and shall indicate whether the Secretary of State has provided
6 the disclosure forms and notice as required by this section to
7 all persons named on the delinquency list.
8 (e) Any person who is required to file full and public
9 disclosure of financial interests and whose name is on the
10 commission's mailing list but who fails to timely file is
11 assessed a fine of $25 per day for each day late up to a
12 maximum of $1,500; however this $1,500 limitation on automatic
13 fines does not limit the civil penalty that may be imposed if
14 the statement is filed more than 60 days after the deadline
15 and a complaint is filed, as provided in s. 112.324. The
16 commission must provide by rule the grounds for waiving the
17 fine and the procedures by which each person whose name is on
18 the mailing list and who is determined to have not filed in a
19 timely manner will be notified of assessed fines and may
20 appeal. The rule must provide for and make specific the
21 following:
22 1. The amount of the fine due is based upon the
23 earliest of the following:
24 a. When a statement is actually received by the
25 office.
26 b. When the statement is postmarked.
27 c. When the certificate of mailing is dated.
28 d. When the receipt from an established courier
29 company is dated.
30 2. Upon receipt of the disclosure statement or upon
31 accrual of the maximum penalty, whichever occurs first, the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 commission shall determine the amount of the fine which is due
2 and shall notify the delinquent person. The notice must
3 include an explanation of the appeal procedure under
4 subparagraph 3. Such fine must be paid within 30 days after
5 the notice of payment due is transmitted, unless appeal is
6 made to the commission pursuant to subparagraph 3. The moneys
7 shall be deposited into the General Revenue Fund.
8 3. Any reporting person may appeal or dispute a fine,
9 based upon unusual circumstances surrounding the failure to
10 file on the designated due date, and may request and is
11 entitled to a hearing before the commission, which may waive
12 the fine in whole or in part for good cause shown. Any such
13 request must be made within 30 days after the notice of
14 payment due is transmitted. In such a case, the reporting
15 person must, within the 30-day period, notify the person
16 designated to review the timeliness of reports in writing of
17 his or her intention to bring the matter before the
18 commission.
19 (f)(e) Any person subject to the annual filing of full
20 and public disclosure under s. 8, Art. II of the State
21 Constitution, or other state law, whose name is not on the
22 commission's mailing list of persons required to file full and
23 public disclosure is provided to the Secretary of State shall
24 not subject to the fines or penalties provided in this part be
25 deemed delinquent for failure to file full and public
26 disclosure in any year in which the omission occurred, but
27 nevertheless is required to file the disclosure statement.
28 (g)(f) The notification requirements and fines of this
29 subsection do not apply to candidates or to the first filing
30 required of any person appointed to elective constitutional
31 office or other position required to file full and public
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 disclosure, unless the person's name is on the commission's
2 notification list and the person received notification from
3 the commission. The appointing official shall notify such
4 newly appointed person of the obligation to file full and
5 public disclosure by July 1. The notification requirements and
6 fines of this subsection do not apply to the final filing
7 provided for in subsection (5).
8 (h) Notwithstanding any provision of chapter 120, any
9 fine imposed under this subsection which is not waived by
10 final order of the commission and which remains unpaid more
11 than 60 days after the notice of payment due or more than 60
12 days after the commission renders a final order on the appeal
13 must be submitted to the Department of Banking and Finance as
14 a claim, debt, or other obligation owed to the state, and the
15 department shall assign the collection of such fine to a
16 collection agent as provided in s. 17.20.
17 (5) Each person required to file full and public
18 disclosure of financial interests shall file a final
19 disclosure statement within 60 days after leaving his or her
20 public position for the period between January 1 of the year
21 in which the person leaves and the last day of office or
22 employment, unless within the 60-day period the person takes
23 another public position requiring financial disclosure under
24 s. 8 of Art. II of the State Constitution, or is otherwise
25 required to file full and public disclosure for the final
26 disclosure period. The head of the agency of each person
27 required to file full and public disclosure for the final
28 disclosure period shall notify such persons of their
29 obligation to file the final disclosure and may designate a
30 person to be responsible for the notification requirements of
31 this subsection.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (6) The commission shall adopt rules and forms
2 specifying how a person who is required to file full and
3 public disclosure of financial interests may amend his or her
4 disclosure statement to report information that was not
5 included on the form as originally filed. If the amendment is
6 the subject of a complaint filed under this part, the
7 commission and the proper disciplinary official or body shall
8 consider as a mitigating factor when considering appropriate
9 disciplinary action the fact that the amendment was filed
10 before any complaint or other inquiry or proceeding, while
11 recognizing that the public was deprived of access to
12 information to which it was entitled.
13 Section 3. Section 112.3145, Florida Statutes, is
14 amended to read:
15 112.3145 Disclosure of financial interests and clients
16 represented before agencies.--
17 (1) For purposes of this section, unless the context
18 otherwise requires, the term:
19 (a) "Local officer" means:
20 1. Every person who is elected to office in any
21 political subdivision of the state, and every person who is
22 appointed to fill a vacancy for an unexpired term in such an
23 elective office.
24 2. Any appointed member of any of the following
25 boards, councils, commissions, authorities, or other bodies of
26 any county, municipality, school district, independent special
27 district, or other political subdivision of the state:
28 a. The governing body of the political subdivision, if
29 appointed;
30 b. An expressway authority or transportation authority
31 established by general law;
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 c. A community college or junior college district
2 board of trustees;
3 d. A board having the power to enforce local code
4 provisions;
5 e. A planning or zoning board, board of adjustment,
6 board of appeals, or other board having the power to
7 recommend, create, or modify land planning or zoning within
8 the political subdivision, except for citizen advisory
9 committees, technical coordinating committees, and such other
10 groups who only have the power to make recommendations to
11 planning or zoning boards;
12 f. A pension board or retirement board having the
13 power to invest pension or retirement funds or the power to
14 make a binding determination of one's entitlement to or amount
15 of a pension or other retirement benefit; or
16 g. Any other appointed member of a local government
17 board who is required to file a statement of financial
18 interests by the appointing authority or the enabling
19 legislation, ordinance, or resolution creating the board. a
20 board; commission; authority, including any expressway
21 authority or transportation authority established by general
22 law; community college district board of trustees; or council
23 of any political subdivision of the state, excluding any
24 member of an advisory body. A governmental body with
25 land-planning, zoning, or natural resources responsibilities
26 shall not be considered an advisory body.
27 3. Any person holding one or more of the following
28 positions: mayor; county or city manager; chief administrative
29 employee of a county, municipality, or other political
30 subdivision; county or municipal attorney; chief county or
31 municipal building inspector; county or municipal water
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 resources coordinator; county or municipal pollution control
2 director; county or municipal environmental control director;
3 county or municipal administrator, with power to grant or deny
4 a land development permit; chief of police; fire chief;
5 municipal clerk; district school superintendent; community
6 college president; district medical examiner; or purchasing
7 agent having the authority to make any purchase exceeding the
8 threshold amount provided for in s. 287.017 for CATEGORY ONE,
9 on behalf of any political subdivision of the state or any
10 entity thereof.
11 (b) "Specified state employee" means:
12 1. Public counsel created by chapter 350, an assistant
13 state attorney, an assistant public defender, a full-time
14 state employee who serves as counsel or assistant counsel to
15 any state agency, a judge of compensation claims, an
16 administrative law judge, or a hearing officer.
17 2. Any person employed in the office of the Governor
18 or in the office of any member of the Cabinet if that person
19 is exempt from the Career Service System, except persons
20 employed in clerical, secretarial, or similar positions.
21 3. Each appointed secretary, assistant secretary,
22 deputy secretary, executive director, assistant executive
23 director, or deputy executive director of each state
24 department, commission, board, or council; unless otherwise
25 provided, the division director, assistant division director,
26 deputy director, bureau chief, and assistant bureau chief of
27 any state department or division; or any person having the
28 power normally conferred upon such persons, by whatever title.
29 4. The superintendent or institute director of a state
30 mental health institute established for training and research
31 in the mental health field or the superintendent or director
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 of any major state institution or facility established for
2 corrections, training, treatment, or rehabilitation.
3 5. Business managers, purchasing agents having the
4 power to make any purchase exceeding the threshold amount
5 provided for in s. 287.017 for CATEGORY ONE, finance and
6 accounting directors, personnel officers, or grants
7 coordinators for any state agency.
8 6. Any person, other than a legislative assistant
9 exempted by the presiding officer of the house by which the
10 legislative assistant is employed, who is employed in the
11 legislative branch of government, except persons employed in
12 maintenance, clerical, secretarial, or similar positions.
13 7. Each employee of the Commission on Ethics.
14 (c) "State officer" means:
15 1. Any elected public officer, excluding those elected
16 to the United States Senate and House of Representatives, not
17 covered elsewhere in this part and any person who is appointed
18 to fill a vacancy for an unexpired term in such an elective
19 office.
20 2. An appointed member of each board, commission,
21 authority, or council having statewide jurisdiction, excluding
22 a member of an advisory body.
23 3. A member of the Board of Regents, the Chancellor
24 and Vice Chancellors of the State University System, and the
25 president of a state university.
26 (2)(a) A person seeking nomination or election to a
27 state or local elective office shall file a statement of
28 financial interests together with, and at the same time he or
29 she files, qualifying papers.
30 (b) Each state or local officer and each specified
31 state employee shall file a statement of financial interests
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 no later than July 1 of each year. Each state officer, local
2 officer, and specified state employee shall file a final
3 statement of financial interests within 60 days after leaving
4 his or her public position for the period between January 1 of
5 the year in which the person leaves and the last day of office
6 or employment, unless within the 60-day period the person
7 takes another public position requiring financial disclosure
8 under this section or s. 8, Art. II of the State Constitution
9 or otherwise is required to file full and public disclosure or
10 a statement of financial interests for the final disclosure
11 period. Each state or local officer who is appointed and each
12 specified state employee who is employed shall file a
13 statement of financial interests within 30 days from the date
14 of appointment or, in the case of a specified state employee,
15 from the date on which the employment begins, except that any
16 person whose appointment is subject to confirmation by the
17 Senate shall file prior to confirmation hearings or within 30
18 days from the date of appointment, whichever comes first.
19 (c) State officers, persons qualifying for a state
20 office, and specified state employees shall file their
21 statements of financial interests with the Commission on
22 Ethics Secretary of State. Local officers shall file their
23 statements of financial interests with the supervisor of
24 elections of the county in which they permanently reside.
25 Local officers who do not permanently reside in any county in
26 the state shall file their statements of financial interests
27 with the supervisor of elections of the county in which their
28 agency maintains its headquarters. Persons seeking to qualify
29 as candidates for local public office shall file their
30 statements of financial interests with the officer before whom
31 they qualify.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (3) The statement of financial interests for state
2 officers, specified state employees, local officers, and
3 persons seeking to qualify as candidates for state or local
4 office shall be filed even if the reporting person holds no
5 financial interests requiring disclosure, in which case the
6 statement shall be marked "not applicable." Otherwise, the
7 statement of financial interests shall include, at the filer's
8 option, either:
9 (a)1. All sources of income in excess of 5 percent of
10 the gross income received during the disclosure period by the
11 person in his or her own name or by any other person for his
12 or her use or benefit, excluding public salary. However, this
13 shall not be construed to require disclosure of a business
14 partner's sources of income. The person reporting shall list
15 such sources in descending order of value with the largest
16 source first;.
17 2.(b) All sources of income to a business entity in
18 excess of 10 percent of the gross income of a business entity
19 in which the reporting person held a material interest and
20 from which he or she received an amount which was in excess of
21 10 percent of his or her gross income during the disclosure
22 period and which exceeds $1,500. The period for computing the
23 gross income of the business entity is the fiscal year of the
24 business entity which ended on, or immediately prior to, the
25 end of the disclosure period of the person reporting;.
26 3.(c) The location or description of real property in
27 this state, except for residences and vacation homes, owned
28 directly or indirectly by the person reporting, when such
29 person owns in excess of 5 percent of the value of such real
30 property, and a general description of any intangible personal
31 property worth in excess of 10 percent of such person's total
15
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Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 assets. For the purposes of this paragraph, indirect
2 ownership does not include ownership by a spouse or minor
3 child; and.
4 4.(d) Every individual liability that which in sum
5 equals more than the reporting person's net worth; or.
6 (b)1. All sources of gross income in excess of $2,500
7 received during the disclosure period by the person in his or
8 her own name or by any other person for his or her use or
9 benefit, excluding public salary. However, this shall not be
10 construed to require disclosure of a business partner's
11 sources of income. The person reporting shall list such
12 sources in descending order of value with the largest source
13 first;
14 2. All sources of income to a business entity in
15 excess of 10 percent of the gross income of a business entity
16 in which the reporting person held a material interest and
17 from which he or she received gross income exceeding $5,000
18 during the disclosure period. The period for computing the
19 gross income of the business entity is the fiscal year of the
20 business entity which ended on, or immediately prior to, the
21 end of the disclosure period of the person reporting;
22 3. The location or description of real property in
23 this state, except for residence and vacation homes, owned
24 directly or indirectly by the person reporting, when such
25 person owns in excess of 5 percent of the value of such real
26 property, and a general description of any intangible personal
27 property worth in excess of $10,000. For the purpose of this
28 paragraph, indirect ownership does not include ownership by a
29 spouse or minor child; and
30 4. Every liability in excess of $10,000.
31 (4) Each elected constitutional officer, state
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 officer, local officer, and specified state employee shall
2 file a quarterly report of the names of clients represented
3 for a fee or commission, except for appearances in ministerial
4 matters, before agencies at his or her level of government.
5 For the purposes of this part, agencies of government shall be
6 classified as state-level agencies or agencies below state
7 level. Each local officer shall file such report with the
8 supervisor of elections of the county in which the officer is
9 principally employed or is a resident. Each state officer,
10 elected constitutional officer, and specified state employee
11 shall file such report with the commission Secretary of State.
12 The report shall be filed only when a reportable
13 representation is made during the calendar quarter and shall
14 be filed no later than the last day of each calendar quarter,
15 for the previous calendar 15 days after the last day of the
16 quarter. Representation before any agency shall be deemed to
17 include representation by such officer or specified state
18 employee or by any partner or associate of the professional
19 firm of which he or she is a member and of which he or she has
20 actual knowledge. For the purposes of this subsection, the
21 term "representation before any agency" does not include
22 appearances before any court or Chief Judges of Compensation
23 Claims or judges of compensation claims or representations on
24 behalf of one's agency in one's official capacity. Such term
25 does not include the preparation and filing of forms and
26 applications merely for the purpose of obtaining or
27 transferring a license based on a quota or a franchise of such
28 agency or a license or operation permit to engage in a
29 profession, business, or occupation, so long as the issuance
30 or granting of such license, permit, or transfer does not
31 require substantial discretion, a variance, a special
17
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 consideration, or a certificate of public convenience and
2 necessity.
3 (5) Each elected constitutional officer and each
4 candidate for such office, any other public officer required
5 pursuant to s. 8, Art. II of the State Constitution to file a
6 full and public disclosure of his or her financial interests,
7 and each state officer, local officer, specified state
8 employee, and candidate for elective public office who is or
9 was during the disclosure period an officer, director,
10 partner, proprietor, or agent, other than a resident agent
11 solely for service of process, of, or owns or owned during the
12 disclosure period a material interest in, any business entity
13 which is granted a privilege to operate in this state shall
14 disclose such facts as a part of the disclosure form filed
15 pursuant to s. 8, Art. II of the State Constitution or this
16 section, as applicable. The statement shall give the name,
17 address, and principal business activity of the business
18 entity and shall state the position held with such business
19 entity or the fact that a material interest is owned and the
20 nature of that interest.
21 (6) Forms for compliance with the disclosure
22 requirements of this section and a current list of persons
23 subject to disclosure shall be created provided by the
24 commission on Ethics to the Secretary of State and provided to
25 each supervisor of elections. The commission and each
26 supervisor of elections, who shall give notice of disclosure
27 deadlines and delinquencies and distribute forms in the
28 following manner:
29 (a)1. Not later than May 1 of each year, the
30 commission on Ethics shall prepare a current list of the names
31 and addresses of, and the offices or positions held by, every
18
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Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 state officer, local officer, and specified employee. In
2 compiling the list, the commission shall be assisted by each
3 unit of government in providing, at the request of the
4 commission, the name, address, and name of agency of, and the
5 office or position held by, each state officer, local officer,
6 or specified state employee within the respective unit of
7 government.
8 2. Not later than May 15 of each year, the commission
9 shall provide the Secretary of State with a current mailing
10 list of all state officers and specified employees and shall
11 provide each supervisor of elections with a current mailing
12 list of all local officers required to file with such
13 supervisor of elections.
14 (b) Not later than 30 days before July 1 of each year,
15 the commission Secretary of State and each supervisor of
16 elections, as appropriate, shall mail a copy of the form
17 prescribed for compliance with subsection (3) and a notice of
18 all applicable disclosure forms and filing deadlines to each
19 person required to file a statement of financial interests.
20 (c) Not later than 30 days after July 1 of each year,
21 the commission Secretary of State and each supervisor of
22 elections shall determine which persons required to file a
23 statement of financial interests in their respective offices
24 have failed to do so and shall send delinquency notices by
25 certified mail to such persons. Each notice shall state that
26 a grace period is in effect until September 1 of the current
27 year; that no investigative or disciplinary action based upon
28 the delinquency will be taken by the agency head or commission
29 on Ethics if the statement is filed by September 1 of the
30 current year; that, if the statement is not filed by September
31 1 of the current year, a fine of $25 for each day late will be
19
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 imposed, up to a maximum penalty of $1,500; for notices sent
2 by a supervisor of elections, that he or she is required by
3 law to notify the commission on Ethics of the delinquency; and
4 that, if upon the filing of a sworn complaint the commission
5 finds that the person has failed to timely file the statement
6 within 60 days after by September 1 of the current year, such
7 person will also shall be subject to the penalties provided in
8 s. 112.317.
9 (d) No later than November 15 of each year Not later
10 than 30 days following September 1 of each year, the Secretary
11 of State and the supervisor of elections in each county shall
12 certify to the commission on Ethics a list of the names and
13 addresses of, and the offices or positions held by, all
14 persons who have failed to timely file the required statements
15 of financial interests. The certification must include the
16 earliest of the dates described in subparagraph (f)1. The
17 certification shall be on a form prescribed by the commission
18 and shall indicate whether the supervisor of elections
19 respective certifying official has provided the disclosure
20 forms and notice as required by this subsection to all persons
21 named on the delinquency list.
22 (e) Statements must be filed not later than 5 p.m. of
23 the due date. However, any statement that is postmarked by the
24 United States Postal Service by midnight of the due date is
25 deemed to have been filed in a timely manner, and a
26 certificate of mailing obtained from and dated by the United
27 States Postal Service at the time of the mailing, or a receipt
28 from an established courier company which bears a date on or
29 before the due date, constitutes proof of mailing in a timely
30 manner.
31 (f) Any person who is required to file a statement of
20
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Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 financial interests and whose name is on the commission's
2 mailing list but who fails to timely file is assessed a fine
3 of $25 per day for each day late up to a maximum of $1,500;
4 however, this $1,500 limitation on automatic fines does not
5 limit the civil penalty that may be imposed if the statement
6 is filed more than 60 days after the deadline and a complaint
7 is filed, as provided in s. 112.324. The commission must
8 provide by rule the grounds for waiving the fine and
9 procedures by which each person whose name is on the mailing
10 list and who is determined to have not filed in a timely
11 manner will be notified of assessed fines and may appeal. The
12 rule must provide for and make specific the following:
13 1. The amount of the fine due is based upon the
14 earliest of the following:
15 a. When a statement is actually received by the
16 office.
17 b. When the statement is postmarked.
18 c. When the certificate of mailing is dated.
19 d. When the receipt from an established courier
20 company is dated.
21 2. For a specified state employee or a state officer,
22 upon receipt of the disclosure statement by the commission or
23 upon accrual of the maximum penalty, whichever occurs first,
24 and for a local officer upon receipt by the commission of the
25 certification from the local officer's supervisor of elections
26 pursuant to paragraph (d), the commission shall determine the
27 amount of the fine which is due and shall notify the
28 delinquent person. The notice must include an explanation of
29 the appeal procedure under subparagraph 3. The fine must be
30 paid within 30 days after the notice of payment due is
31 transmitted, unless appeal is made to the commission pursuant
21
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 to subparagraph 3. The moneys are to be deposited into the
2 General Revenue Fund.
3 3. Any reporting person may appeal or dispute a fine,
4 based upon unusual circumstances surrounding the failure to
5 file on the designated due date, and may request and is
6 entitled to a hearing before the commission, which may waive
7 the fine in whole or in part for good cause shown. Any such
8 request must be made within 30 days after the notice of
9 payment due is transmitted. In such a case, the reporting
10 person must, within the 30-day period, notify the person
11 designated to review the timeliness of reports in writing of
12 his or her intention to bring the matter before the
13 commission.
14 (g)(e) Any state officer, local officer, or specified
15 employee whose name is not on the mailing list of persons
16 required to file an annual statement of financial interests
17 provided to the Secretary of State or supervisor of elections
18 is not subject to the penalties provided in s. 112.317 or the
19 fine provided in this section for failure to timely file a
20 statement of financial interests in any year in which the
21 omission occurred, but nevertheless is required to file the
22 disclosure statement.
23 (h)(f) The notification requirements and fines of this
24 subsection do not apply to candidates or to the first or final
25 filing required of any state officer, specified employee, or
26 local officer as provided in paragraph (2)(b).
27 (i) Notwithstanding any provision of chapter 120, any
28 fine imposed under this subsection which is not waived by
29 final order of the commission and which remains unpaid more
30 than 60 days after the notice of payment due or more than 60
31 days after the commission renders a final order on the appeal
22
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 must be submitted to the Department of Banking and Finance as
2 a claim, debt, or other obligation owed to the state, and the
3 department shall assign the collection of such a fine to a
4 collection agent as provided in s. 17.20.
5 (7)(a) The appointing official or body shall notify
6 each newly appointed local officer, state officer, or
7 specified state employee, not later than the date of
8 appointment, of the officer's or employee's duty to comply
9 with the disclosure requirements of this section. The agency
10 head of each employing agency shall notify each newly employed
11 local officer or specified state employee, not later than the
12 day of employment, of the officer's or employee's duty to
13 comply with the disclosure requirements of this section. The
14 appointing official or body or employing agency head may
15 designate a person to be responsible for the notification
16 requirements of this paragraph section.
17 (b) The agency head of the agency of each local
18 officer, state officer, or specified state employee who is
19 required to file a statement of financial interests for the
20 final disclosure period shall notify such persons of their
21 obligation to file the final disclosure and may designate a
22 person to be responsible for the notification requirements of
23 this paragraph.
24 (8) A public officer who has filed a disclosure for
25 any calendar or fiscal year shall not be required to file a
26 second disclosure for the same year or any part thereof,
27 notwithstanding any requirement of this act, except that any
28 public officer who qualifies as a candidate for public office
29 shall file a copy of the disclosure with the officer before
30 whom he or she qualifies as a candidate at the time of
31 qualification.
23
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (9) The commission shall adopt rules and forms
2 specifying how a state officer, local officer, or specified
3 state employee may amend his or her statement of financial
4 interests to report information that was not included on the
5 form as originally filed. If the amendment is the subject of a
6 complaint filed under this part, the commission and the proper
7 disciplinary official or body shall consider as a mitigating
8 factor when considering appropriate disciplinary action the
9 fact that the amendment was filed before any complaint or
10 other inquiry or proceeding, while recognizing that the public
11 was deprived of access to information to which it was
12 entitled.
13 Section 4. Section 112.3148, Florida Statutes, is
14 amended to read:
15 112.3148 Reporting and prohibited receipt of gifts by
16 individuals filing full or limited public disclosure of
17 financial interests and by procurement employees.--
18 (1) The provisions of this section do not apply to
19 gifts solicited or accepted by a reporting individual or
20 procurement employee from a relative.
21 (2) As used in this section:
22 (a) "Immediate family" means any parent, spouse,
23 child, or sibling.
24 (b)1. "Lobbyist" means any natural person who, for
25 compensation, seeks, or sought during the preceding 12 months,
26 to influence the governmental decisionmaking of a reporting
27 individual or procurement employee or his or her agency or
28 seeks, or sought during the preceding 12 months, to encourage
29 the passage, defeat, or modification of any proposal or
30 recommendation by the reporting individual or procurement
31 employee or his or her agency.
24
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 2. With respect to an agency that has established by
2 rule, ordinance, or law a registration process for persons
3 seeking to influence decisionmaking or to encourage the
4 passage, defeat, or modification of any proposal or
5 recommendation by such agency or an employee or official of
6 the agency, the term "lobbyist" includes only a person who is
7 required to be registered as a lobbyist in accordance with
8 such rule, ordinance, or law or who was during the preceding
9 12 months required to be registered as a lobbyist in
10 accordance with such rule, ordinance, or law. At a minimum,
11 such a registration system must require the registration of,
12 or must designate, persons as "lobbyists" who engage in the
13 same activities as require registration to lobby the
14 Legislature pursuant to s. 11.045.
15 (c) "Person" includes individuals, firms,
16 associations, joint ventures, partnerships, estates, trusts,
17 business trusts, syndicates, fiduciaries, corporations, and
18 all other groups or combinations.
19 (d) "Reporting individual" means any individual,
20 including a candidate upon qualifying, who is required by law,
21 pursuant to s. 8, Art. II of the State Constitution or s.
22 112.3145, to file full or limited public disclosure of his or
23 her financial interests or any individual who has been elected
24 to, but has yet to officially assume the responsibilities of,
25 public office. For purposes of implementing this section, the
26 "agency" of a reporting individual who is not an officer or
27 employee in public service is the agency to which the
28 candidate seeks election, or in the case of an individual
29 elected to but yet to formally take office, the agency in
30 which the individual has been elected to serve.
31 (e) "Procurement employee" means any employee of an
25
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 officer, department, board, commission, or council of the
2 executive branch or judicial branch of state government who
3 participates through decision, approval, disapproval,
4 recommendation, preparation of any part of a purchase request,
5 influencing the content of any specification or procurement
6 standard, rendering of advice, investigation, or auditing or
7 in any other advisory capacity in the procurement of
8 contractual services or commodities as defined in s. 287.012,
9 if the cost of such services or commodities exceeds $1,000 in
10 any year.
11 (3) A reporting individual or procurement employee is
12 prohibited from soliciting any gift from a political committee
13 or committee of continuous existence, as defined in s.
14 106.011, or from a lobbyist who lobbies the reporting
15 individual's or procurement employee's agency, or the partner,
16 firm, employer, or principal of such lobbyist, where such gift
17 is for the personal benefit of the reporting individual or
18 procurement employee, another reporting individual or
19 procurement employee, or any member of the immediate family of
20 a reporting individual or procurement employee.
21 (4) A reporting individual or procurement employee or
22 any other person on his or her behalf is prohibited from
23 knowingly accepting, directly or indirectly, a gift from a
24 political committee or committee of continuous existence, as
25 defined in s. 106.011, or from a lobbyist who lobbies the
26 reporting individual's or procurement employee's agency, or
27 directly or indirectly on behalf of the partner, firm,
28 employer, or principal of a lobbyist, if he or she knows or
29 reasonably believes that the gift has a value in excess of
30 $100; however, such a gift may be accepted by such person on
31 behalf of a governmental entity or a charitable organization.
26
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 If the gift is accepted on behalf of a governmental entity or
2 charitable organization, the person receiving the gift shall
3 not maintain custody of the gift for any period of time beyond
4 that reasonably necessary to arrange for the transfer of
5 custody and ownership of the gift.
6 (5)(a) A political committee or a committee of
7 continuous existence, as defined in s. 106.011; a lobbyist who
8 lobbies a reporting individual's or procurement employee's
9 agency; the partner, firm, employer, or principal of a
10 lobbyist; or another on behalf of the lobbyist or partner,
11 firm, principal, or employer of the lobbyist is prohibited
12 from giving, either directly or indirectly, a gift that has a
13 value in excess of $100 to the reporting individual or
14 procurement employee or any other person on his or her behalf;
15 however, such person may give a gift having a value in excess
16 of $100 to a reporting individual or procurement employee if
17 the gift is intended to be transferred to a governmental
18 entity or a charitable organization.
19 (b) However, a person who is regulated by this
20 subsection, who is not regulated by subsection (6), and who
21 makes, or directs another to make, an individual gift having a
22 value in excess of $25, but not in excess of $100, other than
23 a gift which the donor knows will be accepted on behalf of a
24 governmental entity or charitable organization, must file a
25 report on the last day of each calendar quarter, for the
26 previous calendar quarter in which a reportable gift is made.
27 The report shall be filed with the Commission on Ethics
28 Secretary of State, except with respect to gifts to reporting
29 individuals of the legislative branch, in which case the
30 report shall be filed with the Division of Legislative
31 Information Services in the Office of Legislative Services.
27
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 The report must contain a description of each gift, the
2 monetary value thereof, the name and address of the person
3 making such gift, the name and address of the recipient of the
4 gift, and the date such gift is given. In addition, when a
5 gift is made which requires the filing of a report under this
6 subsection, the donor must notify the intended recipient at
7 the time the gift is made that the donor, or another on his or
8 her behalf, will report the gift under this subsection. Under
9 this paragraph, a gift need not be reported by more than one
10 person or entity.
11 (6)(a) Notwithstanding the provisions of subsection
12 (5), an entity of the legislative or judicial branch, a
13 department or commission of the executive branch, a water
14 management district created pursuant to s. 373.069, Tri-County
15 Commuter Rail Authority, the Technological Research and
16 Development Authority, a county, a municipality, an airport
17 authority, or a school board may give, either directly or
18 indirectly, a gift having a value in excess of $100 to any
19 reporting individual or procurement employee if a public
20 purpose can be shown for the gift; and a direct-support
21 organization specifically authorized by law to support a
22 governmental entity may give such a gift to a reporting
23 individual or procurement employee who is an officer or
24 employee of such governmental entity.
25 (b) Notwithstanding the provisions of subsection (4),
26 a reporting individual or procurement employee may accept a
27 gift having a value in excess of $100 from an entity of the
28 legislative or judicial branch, a department or commission of
29 the executive branch, a water management district created
30 pursuant to s. 373.069, Tri-County Commuter Rail Authority,
31 the Technological Research and Development Authority, a
28
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 county, a municipality, an airport authority, or a school
2 board if a public purpose can be shown for the gift; and a
3 reporting individual or procurement employee who is an officer
4 or employee of a governmental entity supported by a
5 direct-support organization specifically authorized by law to
6 support such governmental entity may accept such a gift from
7 such direct-support organization.
8 (c) No later than March 1 of each year, each
9 governmental entity or direct-support organization
10 specifically authorized by law to support a governmental
11 entity which has given a gift to a reporting individual or
12 procurement employee under paragraph (a) shall provide the
13 reporting individual or procurement employee with a statement
14 of each gift having a value in excess of $100 given to such
15 reporting individual or procurement employee by the
16 governmental entity or direct-support organization during the
17 preceding calendar year. Such report shall contain a
18 description of each gift, the date on which the gift was
19 given, and the value of the total gifts given by the
20 governmental entity or direct-support organization to the
21 reporting individual or procurement employee during the
22 calendar year for which the report is made. A governmental
23 entity may provide a single report to the reporting individual
24 or procurement employee of gifts provided by the governmental
25 entity and any direct-support organization specifically
26 authorized by law to support such governmental entity.
27 (d) No later than July 1 of each year, each reporting
28 individual or procurement employee shall file a statement
29 listing each gift having a value in excess of $100 received by
30 the reporting individual or procurement employee, either
31 directly or indirectly, from a governmental entity or a
29
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 direct-support organization specifically authorized by law to
2 support a governmental entity. The statement shall list the
3 name of the person providing the gift, a description of the
4 gift, the date or dates on which the gift was given, and the
5 value of the total gifts given during the calendar year for
6 which the report is made. The reporting individual or
7 procurement employee shall attach to such statement any report
8 received by him or her in accordance with paragraph (c), which
9 report shall become a public record when filed with the
10 statement of the reporting individual or procurement employee.
11 The reporting individual or procurement employee may explain
12 any differences between the report of the reporting individual
13 or procurement employee and the attached reports. The annual
14 report filed by a reporting individual shall be filed with the
15 financial disclosure statement required by either s. 8, Art.
16 II of the State Constitution or s. 112.3145, as applicable to
17 the reporting individual. The annual report filed by a
18 procurement employee shall be filed with the Commission on
19 Ethics Department of State.
20 (7)(a) The value of a gift provided to a reporting
21 individual or procurement employee shall be determined using
22 actual cost to the donor, less taxes and gratuities, except as
23 otherwise provided in this subsection, and, with respect to
24 personal services provided by the donor, the reasonable and
25 customary charge regularly charged for such service in the
26 community in which the service is provided shall be used. If
27 additional expenses are required as a condition precedent to
28 eligibility of the donor to purchase or provide a gift and
29 such expenses are primarily for the benefit of the donor or
30 are of a charitable nature, such expenses shall not be
31 included in determining the value of the gift.
30
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (b) Compensation provided by the donee to the donor,
2 if provided within 90 days after receipt of the gift, shall be
3 deducted from the value of the gift in determining the value
4 of the gift.
5 (c) If the actual gift value attributable to
6 individual participants at an event cannot be determined, the
7 total costs shall be prorated among all invited persons,
8 whether or not they are reporting individuals or procurement
9 employees.
10 (d) Transportation shall be valued on a round-trip
11 basis unless only one-way transportation is provided.
12 Round-trip transportation expenses shall be considered a
13 single gift. Transportation provided in a private conveyance
14 shall be given the same value as transportation provided in a
15 comparable commercial conveyance.
16 (e) Lodging provided on consecutive days shall be
17 considered a single gift. Lodging in a private residence
18 shall be valued at the per diem rate provided in s.
19 112.061(6)(a)1. less the meal allowance rate provided in s.
20 112.061(6)(b).
21 (f) Food and beverages which are not consumed at a
22 single sitting or meal and which are provided on the same
23 calendar day shall be considered a single gift, and the total
24 value of all food and beverages provided on that date shall be
25 considered the value of the gift. Food and beverage consumed
26 at a single sitting or meal shall be considered a single gift
27 and the value of the food and beverage provided at that
28 sitting or meal shall be considered the value of the gift.
29 (g) Membership dues paid to the same organization
30 during any 12-month period shall be considered a single gift.
31 (h) Entrance fees, admission fees, or tickets shall be
31
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 valued on the face value of the ticket or fee, or on a daily
2 or per event basis, whichever is greater.
3 (i) Except as otherwise specified in this section, a
4 gift shall be valued on a per occurrence basis.
5 (j) The value of a gift provided to several
6 individuals may be attributed on a pro rata basis among all of
7 the individuals. If the gift is food, beverage, entertainment,
8 or similar items, provided at a function for more than 10
9 people, the value of the gift to each individual shall be the
10 total value of the items provided divided by the number of
11 persons invited to the function, unless the items are
12 purchased on a per person basis, in which case the value of
13 the gift to each person is the per person cost.
14 (k) The value of a gift of an admission ticket shall
15 not include that portion of the cost which represents a
16 charitable contribution, if the gift is provided by the
17 charitable organization.
18 (8)(a) Each reporting individual or procurement
19 employee shall file a statement with the Commission on Ethics
20 Secretary of State on the last day of each calendar quarter,
21 for the previous calendar quarter, containing a list of gifts
22 which he or she believes to be in excess of $100 in value, if
23 any, accepted by him or her, for which compensation was not
24 provided by the donee to the donor within 90 days of receipt
25 of the gift to reduce the value to $100 or less, except the
26 following:
27 1. Gifts from relatives.
28 2. Gifts prohibited by subsection (4) or s.
29 112.313(4).
30 3. Gifts otherwise required to be disclosed by this
31 section.
32
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 (b) The statement shall include:
2 1. A description of the gift, the monetary value of
3 the gift, the name and address of the person making the gift,
4 and the dates thereof. If any of these facts, other than the
5 gift description, are unknown or not applicable, the report
6 shall so state.
7 2. A copy of any receipt for such gift provided to the
8 reporting individual or procurement employee by the donor.
9 (c) The statement may include an explanation of any
10 differences between the reporting individual's or procurement
11 employee's statement and the receipt provided by the donor.
12 (d) The reporting individual's or procurement
13 employee's statement shall be sworn to by such person as being
14 a true, accurate, and total listing of all such gifts.
15 (e) If a reporting individual or procurement employee
16 has not received any gifts described in paragraph (a) during a
17 calendar quarter, he or she is not required to file a
18 statement under this subsection for that calendar quarter.
19 (9) A person, other than a lobbyist regulated under s.
20 11.045, who violates the provisions of subsection (5) commits
21 a noncriminal infraction, punishable by a fine of not more
22 than $5,000 and by a prohibition on lobbying, or employing a
23 lobbyist to lobby, before the agency of the reporting
24 individual or procurement employee to which the gift was given
25 in violation of subsection (5), for a period of not more than
26 24 months. The state attorney, or an agency, if otherwise
27 authorized, may initiate an action to impose or recover a fine
28 authorized under this section or to impose or enforce a
29 limitation on lobbying provided in this section.
30 (10) A member of the Legislature may request an
31 advisory opinion from the general counsel of the house of
33
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 which he or she is a member as to the application of this
2 section to a specific situation. The general counsel shall
3 issue the opinion within 10 days after receiving the request.
4 The member of the Legislature may reasonably rely on such
5 opinion.
6 Section 5. Subsection (6) of section 112.3149, Florida
7 Statutes, is amended to read:
8 112.3149 Solicitation and disclosure of honoraria.--
9 (6) A reporting individual or procurement employee who
10 receives payment or provision of expenses related to any
11 honorarium event from a person who is prohibited by subsection
12 (4) from paying an honorarium to a reporting individual or
13 procurement employee shall publicly disclose on an annual
14 statement the name, address, and affiliation of the person
15 paying or providing the expenses; the amount of the honorarium
16 expenses; the date of the honorarium event; a description of
17 the expenses paid or provided on each day of the honorarium
18 event; and the total value of the expenses provided to the
19 reporting individual or procurement employee in connection
20 with the honorarium event. The annual statement of honorarium
21 expenses shall be filed by July 1 of each year for such
22 expenses received during the previous calendar year. The
23 reporting individual or procurement employee shall attach to
24 the annual statement a copy of each statement received by him
25 or her in accordance with subsection (5) regarding honorarium
26 expenses paid or provided during the calendar year for which
27 the annual statement is filed. Such attached statement shall
28 become a public record upon the filing of the annual report.
29 The annual statement of a reporting individual shall be filed
30 with the financial disclosure statement required by either s.
31 8, Art. II of the State Constitution or s. 112.3145, as
34
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 applicable to the reporting individual. The annual statement
2 of a procurement employee shall be filed with the Commission
3 on Ethics Department of State.
4 Section 6. Subsection (1) of section 112.321, Florida
5 Statutes, is amended to read:
6 112.321 Membership, terms; travel expenses; staff.--
7 (1) The commission shall be composed of nine members.
8 Five of these members shall be appointed by the Governor, no
9 more than three of whom shall be from the same political
10 party, subject to confirmation by the Senate. One member
11 appointed by the Governor shall be a former city or county
12 official and may be a former member of a local planning or
13 zoning board which has only advisory duties. Two members
14 shall be appointed by the Speaker of the House of
15 Representatives, and two members shall be appointed by the
16 President of the Senate. Neither the Speaker of the House of
17 Representatives nor the President of the Senate shall appoint
18 more than one member from the same political party. Of the
19 nine members of the Commission, no more than five members
20 shall be from the same political party at any one time. No
21 member may hold any public employment. All members shall
22 serve 2-year terms. No member shall serve more than two full
23 terms in succession. Any member of the commission may be
24 removed for cause by majority vote of the Governor, the
25 President of the Senate, the Speaker of the House of
26 Representatives, and the Chief Justice of the Supreme Court.
27 Section 7. Subsection (9) of section 112.322, Florida
28 Statutes, is repealed.
29 Section 8. Subsection (6) of section 440.442, Florida
30 Statutes, is amended to read:
31 440.442 Code of Judicial Conduct.--The Chief Judge,
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 and judges of compensation claims shall observe and abide by
2 the Code of Judicial Conduct as provided in this section. Any
3 material violation of a provision of the Code of Judicial
4 Conduct shall constitute either malfeasance or misfeasance in
5 office and shall be grounds for suspension and removal of such
6 Chief Judge, or judge of compensation claims by the Governor.
7 (6) FISCAL MATTERS OF JUDGES.--Fiscal matters of a
8 judge should be conducted in a manner that will not give the
9 appearance of influence or impropriety. A judge should
10 regularly file public reports as required by s. 8, Art. II of
11 the State Constitution, and should publicly report gifts.
12 (a) Compensation for quasi-judicial and extrajudicial
13 services and reimbursement of expenses.--A judge may receive
14 compensation and reimbursement of expenses for the
15 quasi-judicial and extrajudicial activities permitted by this
16 section, if the source of such payments does not give the
17 appearance of influencing the judge in his or her judicial
18 duties or otherwise give the impression of impropriety subject
19 to the following restrictions:
20 1. Compensation: Compensation should not exceed a
21 reasonable amount nor should it exceed what a person who is
22 not a judge would receive for the same activity.
23 2. Expense reimbursement: Expense reimbursement
24 should be limited to the actual cost of travel, food, and
25 lodging reasonably incurred by the judge and, where
26 appropriate to the occasion, to his or her spouse. Any payment
27 in excess of such an amount is compensation.
28 (b) Public financial reporting.--
29 1. Income and assets: A judge shall file such public
30 reports as may be required by law for all public officials to
31 comply fully with the provisions of s. 8, Art. II of the State
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 Constitution. The form for public financial disclosure shall
2 be that recommended or adopted by the Florida Commission on
3 Ethics for use by all public officials. The form shall be
4 filed in the office of the Commission on Ethics Secretary of
5 State on the date prescribed by law.
6 2. Gifts: A judge shall file a public report of all
7 gifts which are required to be disclosed under Canon 5D(5)(h)
8 and Canon 6B(2) s. 112 [Canon 5C(4)(c) of the Code of Judicial
9 Conduct]. The report of gifts received in the preceding
10 calendar year shall be filed in the office of the Commission
11 on Ethics Secretary of State on or before July 1 of each year.
12 Section 9. Sections 839.08, 839.09, 839.091, and
13 839.10, Florida Statutes, are repealed.
14 Section 10. Section 112.3232, Florida Statutes, is
15 created to read:
16 112.3232 Compelled testimony.--If any person called to
17 give evidence in a commission proceeding shall refuse to give
18 evidence because of a claim of possible self-incrimination,
19 the commission, with the written authorization of the
20 appropriate state attorney, may apply to the chief judge of
21 the appropriate judicial circuit for a judicial grant of
22 immunity ordering the testimony or other evidence of such
23 person notwithstanding his or her objection, but in such case
24 no testimony or other information compelled under the order,
25 or any information directly or indirectly derived from such
26 testimony or other information, may be used against the
27 witness in any criminal proceeding.
28 Section 11. The provisions of this act requiring a
29 person to file a final disclosure statement within 60 days
30 after leaving his or her public position, including the
31 notification requirements relating to final filings, apply to
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 persons leaving office or employment on or after the date this
2 act becomes a law.
3 Section 12. Section 112.3147, Florida Statutes, is
4 amended to read:
5 112.3147 Forms.--
6 (1) All information required to be furnished by ss.
7 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
8 and by s. 8, Art. II of the State Constitution shall be on
9 forms prescribed by the Commission on Ethics.
10 (2)(a) With respect to reporting assets valued in
11 excess of $1,000 on forms prescribed pursuant to s. 112.3144
12 which the reporting individual holds jointly with another
13 person, the amount reported shall be based on the reporting
14 individual's legal percentage of ownership in the property,
15 except that assets held jointly with the reporting
16 individual's spouse shall be reported at 100 percent of the
17 value of the asset. For purposes of this subsection, a
18 reporting individual is deemed to own an interest in a
19 partnership which corresponds to the reporting individual's
20 interest in the capital or equity of the partnership.
21 (2)(b)1. With respect to reporting liabilities valued
22 in excess of $1,000 on forms prescribed pursuant to s.
23 112.3144 for which the reporting individual is jointly and
24 severally liable, the amount reported shall be based upon the
25 reporting individual's percentage of liability rather than the
26 total amount of the liability, except, a joint and several
27 liability with the reporting individual's spouse for a debt
28 which relates to property owned by both as tenants by the
29 entirety shall be reported at 100 percent of the total amount
30 owed.
31 2. A separate section of the form shall be created to
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 provide for the reporting of the amounts of joint and several
2 liability of the reporting individual not otherwise reported
3 in paragraph (a).
4 Section 13. The Commission on Ethics is directed to
5 develop a plan to implement a course of study regarding the
6 requirements of the Sunshine Amendment and Code of Ethics for
7 Public Officers and Employees in chapter 119, the public
8 records law of chapter 119, the public meetings law in chapter
9 286 and chapter 838, for each elected public officer and each
10 person appointed to hold elective public office. The
11 Commission is further directed to submit to the President of
12 the Senate, and the Speaker of the House of Representatives,
13 by the 2001 Legislative Session, a report outlining the
14 implementation of a course of study which shall include the
15 cost estimates for developing, implementing and sustaining the
16 course of study set forth herein.
17 Section 14. This act shall take effect January 1,
18 2001.
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20
21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 57, line 2 through page 61, line 1 of the
24 amendment
25 remove: all of said lines
26
27 and insert:
28 A bill to be entitled
29 An act relating to ethics; amending s. 112.312,
30 F.S.; redefining the terms "gift" and
31 "liability"; amending s. 112.3144, F.S.;
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 transferring filing administration from the
2 Secretary of State to the Commission on Ethics;
3 modifying the filing location for officers from
4 the Secretary of State to the commission;
5 establishing an automatic fine system for
6 delinquent filers and nonfilers; requiring
7 former officers and employees to file a final
8 disclosure of financial interests no later than
9 60 days following departure, with certain
10 exceptions; requiring the Commission on Ethics
11 to adopt rules and forms relating to filing
12 amended full and public disclosure of financial
13 interests; amending s. 112.3145, F.S.;
14 redefining the term "local officer"; revising
15 the reporting requirements for limited
16 statutory disclosure of financial interests;
17 transferring filing administration from the
18 Secretary of State to the Commission on Ethics;
19 modifying the filing location for state
20 officers and specified state employees from the
21 Secretary of State to the commission; modifying
22 certification requirements of supervisors of
23 elections with regard to delinquent filers and
24 nonfilers; establishing an automatic fine
25 system for delinquent filers and nonfilers;
26 requiring former officers and employees to file
27 a final statement of financial interests within
28 60 days after leaving office or employment,
29 with certain exceptions; modifying reporting
30 dates for filing quarterly reports of the names
31 of clients represented before certain agencies
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her0001 08:36 am 00181-0018-560969
HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 for a fee; requiring the Commission on Ethics
2 to adopt rules and forms relating to amended
3 financial disclosure filings; amending s.
4 112.3148, F.S.; redefining the term "reporting
5 individual"; establishing a reimbursement
6 deadline with regard to the valuation of gifts
7 received by reporting individuals; clarifying
8 that the gifts law applies to candidates;
9 extending the gifts law to include
10 nonincumbents elected to office for the period
11 immediately following election but before
12 officially taking office; transferring the
13 filing administration for gift disclosure from
14 the Secretary of State to the Commission on
15 Ethics; authorizing the Technological Research
16 and Development Authority to make certain gifts
17 under certain circumstances; amending s.
18 112.3149, F.S.; transferring filing
19 administration for honoraria disclosure from
20 the Department of State to the Commission on
21 Ethics; amending s. 112.321, F.S.; regarding
22 membership of the Ethics Commission;
23 repealing s. 112.322(9), F.S., which requires
24 the Commission on Ethics to report certain
25 delinquent financial disclosure filers to the
26 Department of Community Affairs; amending s.
27 440.442, F.S.; transferring the filing location
28 for public financial reporting by judges of
29 compensation claims from the Secretary of State
30 to the Commission on Ethics; clarifying that
31 the Code of Judicial Conduct governs the
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HOUSE AMENDMENT
Bill No. CS/CS/HB 181
Amendment No. ___ (for drafter's use only)
1 reporting of gifts for judges of compensation
2 claims; repealing ss. 839.08, 839.09, 839.091,
3 and 839.10, F.S., which provide criminal
4 penalties for offenses by public officers and
5 employees relating to the purchase of supplies
6 or materials and the bidding for public work;
7 creating s. 112.3232, F.S.; authorizing the
8 Commission on Ethics to seek immunity for
9 certain witnesses; amending s. 112.3147, F.S.;
10 authorizing the Commission on Ethics to
11 prescribe forms relating to full and public
12 financial disclosure; prescribing requirements
13 for reporting certain assets and liabilities on
14 the full and public disclosure form; providing
15 for a report by the Commission on Ethics on the
16 implementation of educational requirements for
17 public officials; appropriating funds to the
18 Commission on Ethics; providing an effective
19 date.
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