House Bill 0181
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Florida House of Representatives - 2000 HB 181
By Representatives Arnall and Feeney
1 A bill to be entitled
2 An act relating to ethics; amending s.
3 112.3144, F.S.; requiring former officers and
4 employees to file a final disclosure of
5 financial interests no later than 60 days
6 following departure, with certain exceptions;
7 amending s. 112.3145, F.S.; redefining the
8 terms "local officer" and "state officer" to
9 include certain elected individuals who have
10 not officially assumed the responsibilities of
11 office; requiring former officers and employees
12 to file a final statement of financial
13 interests within 60 days after leaving office
14 or employment, with certain exceptions;
15 amending s. 112.3146, F.S.; specifying that
16 certain financial disclosure statements are
17 public records; amending s. 112.3147, F.S.;
18 directing the Commission on Ethics to prescribe
19 forms for financial disclosure statements;
20 amending s. 112.3148, F.S.; redefining the term
21 "reporting individual" with respect to the
22 receipt of gifts; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsections (1) and (3) of section
27 112.3144, Florida Statutes, are amended, and subsection (4) is
28 added to said section, to read:
29 112.3144 Full and public disclosure of financial
30 interests.--
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1 (1) No person who is required, pursuant to s. 8, Art.
2 II of the State Constitution, to file a full and public
3 disclosure of financial interests and who has filed a full and
4 public disclosure of financial interests for any calendar or
5 fiscal year shall be required to file a statement of financial
6 interests pursuant to s. 112.3145(2) and (3) for the same year
7 or for any part thereof notwithstanding any requirement of
8 this part, except that a candidate for office shall file a
9 copy of his or her disclosure with the officer before whom he
10 or she qualifies, and except for the final filing required by
11 subsection (4).
12 (3) Forms for compliance with the full and public
13 disclosure requirements of s. 8, Art. II of the State
14 Constitution, and a current list of persons required to file
15 full and public disclosure by s. 8, Art. II of the State
16 Constitution, or other state law, shall be provided by the
17 Commission on Ethics to the Secretary of State, who shall give
18 notice of disclosure deadlines and delinquencies and
19 distribute forms in the following manner:
20 (a) Not later than May 1 of each year, the Commission
21 on Ethics shall prepare a current list of the names and
22 addresses of and the offices held by every person required to
23 file full and public disclosure annually by s. 8, Art. II of
24 the State Constitution, or other state law, and shall provide
25 the Secretary of State with the mailing list. In compiling the
26 list, the commission shall be assisted by each unit of
27 government in providing at the request of the commission the
28 name, address, and name of the office held by each public
29 official within the respective unit of government.
30 (b) Not later than 30 days before July 1 of each year,
31 the Secretary of State shall mail a copy of the form
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1 prescribed for compliance with full and public disclosure and
2 a notice of the filing deadline to each person on the mailing
3 list.
4 (c) Not later than 30 days after July 1 of each year,
5 the Secretary of State shall determine which persons on the
6 mailing list have failed to file full and public disclosure
7 and shall send delinquency notices by certified mail to such
8 persons. Each notice shall state that a grace period is in
9 effect until September 1 of the current year and that, if the
10 statement is not filed by September 1 of the current year, the
11 Secretary of State is required by law to notify the Commission
12 on Ethics of the delinquency.
13 (d) Not later than 30 days following September 1 of
14 each year, the Secretary of State shall certify to the
15 Commission on Ethics a list of the names and addresses of and
16 the offices held by all persons on the mailing list who have
17 failed to timely file full and public disclosure. The
18 certification shall be on a form prescribed by the commission
19 and shall indicate whether the Secretary of State has provided
20 the disclosure forms and notice as required by this section to
21 all persons named on the delinquency list.
22 (e) Any person subject to the annual filing of full
23 and public disclosure under s. 8, Art. II of the State
24 Constitution, or other state law, whose name is not on the
25 mailing list provided to the Secretary of State shall not be
26 deemed delinquent for failure to file full and public
27 disclosure in any year in which the omission occurred.
28 (f) The notification requirements of this subsection
29 do not apply to candidates or to the first filing required of
30 any person appointed to elective constitutional office. The
31 appointing official shall notify such newly appointed person
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1 of the obligation to file full and public disclosure by July
2 1. The notification requirements of this subsection do not
3 apply to the final filing provided for in subsection (4).
4 (4) Each person required to file full and public
5 disclosure of financial interests shall file a final
6 disclosure statement within 60 days after leaving his or her
7 public position for the period between January 1 of the year
8 in which the person leaves office and the last day of office
9 or employment, unless within the 60-day period the person
10 takes another public position requiring financial disclosure
11 under s. 8, Art. II of the State Constitution, or otherwise is
12 required to file full and public disclosure for the final
13 disclosure period.
14 Section 2. Paragraphs (a) and (c) of subsection (1),
15 paragraph (b) of subsection (2), and subsections (6) and (8)
16 of section 112.3145, Florida Statutes, are amended to read:
17 112.3145 Disclosure of financial interests and clients
18 represented before agencies.--
19 (1) For purposes of this section, unless the context
20 otherwise requires, the term:
21 (a) "Local officer" means:
22 1. Every person who is elected to office in any
23 political subdivision of the state, and every person who is
24 appointed to fill a vacancy for an unexpired term in such an
25 elective office, or any individual who has been elected to,
26 but has yet to officially assume the responsibilities of,
27 public office.
28 2. Any appointed member of a board; commission;
29 authority, including any expressway authority or
30 transportation authority established by general law; community
31 college district board of trustees; or council of any
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1 political subdivision of the state, excluding any member of an
2 advisory body. A governmental body with land-planning, zoning,
3 or natural resources responsibilities shall not be considered
4 an advisory body.
5 3. Any person holding one or more of the following
6 positions: mayor; county or city manager; chief administrative
7 employee of a county, municipality, or other political
8 subdivision; county or municipal attorney; chief county or
9 municipal building inspector; county or municipal water
10 resources coordinator; county or municipal pollution control
11 director; county or municipal environmental control director;
12 county or municipal administrator, with power to grant or deny
13 a land development permit; chief of police; fire chief;
14 municipal clerk; district school superintendent; community
15 college president; district medical examiner; or purchasing
16 agent having the authority to make any purchase exceeding the
17 threshold amount provided for in s. 287.017 for CATEGORY ONE,
18 on behalf of any political subdivision of the state or any
19 entity thereof.
20 (c) "State officer" means:
21 1. Any elected public officer, excluding those elected
22 to the United States Senate and House of Representatives, not
23 covered elsewhere in this part and any person who is appointed
24 to fill a vacancy for an unexpired term in such an elective
25 office, or any individual who has been elected to, but has yet
26 to officially assume the responsibilities of, public office.
27 2. An appointed member of each board, commission,
28 authority, or council having statewide jurisdiction, excluding
29 a member of an advisory body.
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1 3. A member of the Board of Regents, the Chancellor
2 and Vice Chancellors of the State University System, and the
3 president of a state university.
4 (2)
5 (b) Each state or local officer and each specified
6 state employee shall file a statement of financial interests
7 no later than July 1 of each year. Each former state or local
8 officer or specified state employee shall file a final
9 financial disclosure statement within 60 days after leaving
10 his or her public position for the period between January 1 of
11 the year in which the person leaves and the last day of office
12 or employment, unless within the 60-day period the person
13 takes another public position requiring disclosure under this
14 section or s. 8, Art. II of the State Constitution, or
15 otherwise is required to file either full and public
16 disclosure or disclosure under this section for the final
17 reporting period. Each state or local officer who is appointed
18 and each specified state employee who is employed shall file a
19 statement of financial interests within 30 days from the date
20 of appointment or, in the case of a specified state employee,
21 from the date on which the employment begins, except that any
22 person whose appointment is subject to confirmation by the
23 Senate shall file prior to confirmation hearings or within 30
24 days from the date of appointment, whichever comes first.
25 (6) Forms for compliance with the disclosure
26 requirements of this section and a current list of persons
27 subject to disclosure shall be provided by the Commission on
28 Ethics to the Secretary of State and to each supervisor of
29 elections, who shall give notice of disclosure deadlines and
30 delinquencies and distribute forms in the following manner:
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1 (a)1. Not later than May 1 of each year, the
2 Commission on Ethics shall prepare a current list of the names
3 and addresses of, and the offices or positions held by, every
4 state officer, local officer, and specified employee. In
5 compiling the list, the commission shall be assisted by each
6 unit of government in providing, at the request of the
7 commission, the name, address, and name of agency of, and the
8 office or position held by, each state officer, local officer,
9 or specified state employee within the respective unit of
10 government.
11 2. Not later than May 15 of each year, the commission
12 shall provide the Secretary of State with a current mailing
13 list of all state officers and specified employees and shall
14 provide each supervisor of elections with a current mailing
15 list of all local officers required to file with such
16 supervisor of elections.
17 (b) Not later than 30 days before July 1 of each year,
18 the Secretary of State and each supervisor of elections shall
19 mail a copy of the form prescribed for compliance with
20 subsection (3) and a notice of all applicable disclosure forms
21 and filing deadlines to each person required to file a
22 statement of financial interests.
23 (c) Not later than 30 days after July 1 of each year,
24 the Secretary of State and each supervisor of elections shall
25 determine which persons required to file a statement of
26 financial interests in their respective offices have failed to
27 do so and shall send delinquency notices by certified mail to
28 such persons. Each notice shall state that a grace period is
29 in effect until September 1 of the current year; that no
30 investigative or disciplinary action based upon the
31 delinquency will be taken by the agency head or Commission on
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1 Ethics if the statement is filed by September 1 of the current
2 year; that, if the statement is not filed by September 1 of
3 the current year, he or she is required by law to notify the
4 Commission on Ethics of the delinquency; and that, if upon the
5 filing of a sworn complaint the commission finds that the
6 person has failed to timely file the statement by September 1
7 of the current year, such person shall be subject to the
8 penalties provided in s. 112.317.
9 (d) Not later than 30 days following September 1 of
10 each year, the Secretary of State and the supervisor of
11 elections in each county shall certify to the Commission on
12 Ethics a list of the names and addresses of, and the offices
13 or positions held by, all persons who have failed to timely
14 file the required statements of financial interests. The
15 certification shall be on a form prescribed by the commission
16 and shall indicate whether the respective certifying official
17 has provided the disclosure forms and notice as required by
18 this subsection to all persons named on the delinquency list.
19 (e) Any state officer, local officer, or specified
20 employee whose name is not on the mailing list provided to the
21 Secretary of State or supervisor of elections is not subject
22 to the penalties provided in s. 112.317 for failure to timely
23 file a statement of financial interests in any year in which
24 the omission occurred.
25 (f) The notification requirements of this subsection
26 do not apply to candidates or to the first or final filing
27 required of any state officer, specified employee, or local
28 officer as provided in paragraph (2)(b).
29 (8) A public officer who has filed a disclosure for
30 any calendar or fiscal year shall not be required to file a
31 second disclosure for the same year or any part thereof,
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1 notwithstanding any requirement of this act, except that any
2 public officer who qualifies as a candidate for public office
3 shall file a copy of the disclosure with the officer before
4 whom he or she qualifies as a candidate at the time of
5 qualification, and except for the final filing required by
6 paragraph (2)(b).
7 Section 3. Section 112.3146, Florida Statutes, is
8 amended to read:
9 112.3146 Public records.--The statements required by
10 ss. 112.313, 112.3144, 112.3145, 112.3148, and 112.3149 shall
11 be public records within the meaning of s. 119.01.
12 Section 4. Section 112.3147, Florida Statutes, is
13 amended to read:
14 112.3147 Forms.--All information required to be
15 furnished by ss. 112.313, 112.3143, 112.3144, 112.3145,
16 112.3148, and 112.3149 and by s. 8, Art. II of the State
17 Constitution shall be on forms prescribed by the Commission on
18 Ethics.
19 Section 5. Paragraph (d) of subsection (2) of section
20 112.3148, Florida Statutes, is amended to read:
21 112.3148 Reporting and prohibited receipt of gifts by
22 individuals filing full or limited public disclosure of
23 financial interests and by procurement employees.--
24 (2) As used in this section:
25 (d) "Reporting individual" means any individual,
26 including a candidate, who is required by law, pursuant to s.
27 8, Art. II of the State Constitution or s. 112.3145, to file
28 full or limited public disclosure of his or her financial
29 interests or any individual who has been elected to, but has
30 yet to officially assume the responsibilities of, public
31 office. For purposes of implementing this section, the
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1 "agency" of a reporting individual who is not an officer or
2 employee in public service is the agency to which the
3 candidate seeks election or, in the case of an individual
4 elected to but yet to formally take office, the agency in
5 which the individual has been elected to serve.
6 Section 6. This act shall take effect upon becoming a
7 law.
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10 HOUSE SUMMARY
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Revises provisions relating to ethics to:
12 1. Require former officers and employees to file a
final disclosure of financial interests no later than 60
13 days following departure.
2. Redefine the terms "local officer" and "state
14 officer" to include described elected individuals who
have not officially assumed the responsibilities of
15 office.
3. Require former officers and employees to file a
16 final statement of financial interests within 60 days
after leaving office or employment.
17 4. Specify that certain financial disclosure
statements are public records.
18 5. Direct the commission to prescribe forms for
financial disclosure statements.
19 6. Redefine the term "reporting individual" with
respect to the receipt of gifts.
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