House Bill 0181e1
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 A bill to be entitled
2 An act relating to ethics; amending s. 112.312,
3 F.S.; redefining the terms "gift" and
4 "liability"; amending s. 112.3144, F.S.;
5 transferring filing administration from the
6 Secretary of State to the Commission on Ethics;
7 modifying the filing location for officers from
8 the Secretary of State to the commission;
9 establishing an automatic fine system for
10 delinquent filers and nonfilers; requiring
11 former officers and employees to file a final
12 disclosure of financial interests no later than
13 60 days following departure, with certain
14 exceptions; requiring the Commission on Ethics
15 to adopt rules and forms relating to filing
16 amended full and public disclosure of financial
17 interests; amending s. 112.3145, F.S.;
18 redefining the term "local officer"; revising
19 the reporting requirements for limited
20 statutory disclosure of financial interests;
21 transferring filing administration from the
22 Secretary of State to the Commission on Ethics;
23 modifying the filing location for state
24 officers and specified state employees from the
25 Secretary of State to the commission; modifying
26 certification requirements of supervisors of
27 elections with regard to delinquent filers and
28 nonfilers; establishing an automatic fine
29 system for delinquent filers and nonfilers;
30 requiring former officers and employees to file
31 a final statement of financial interests within
1
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 60 days after leaving office or employment,
2 with certain exceptions; modifying reporting
3 dates for filing quarterly reports of the names
4 of clients represented before certain agencies
5 for a fee; requiring the Commission on Ethics
6 to adopt rules and forms relating to amended
7 financial disclosure filings; amending s.
8 112.3148, F.S.; redefining the term "reporting
9 individual"; establishing a reimbursement
10 deadline with regard to the valuation of gifts
11 received by reporting individuals; clarifying
12 that the gifts law applies to candidates;
13 extending the gifts law to include
14 nonincumbents elected to office for the period
15 immediately following election but before
16 officially taking office; transferring the
17 filing administration for gift disclosure from
18 the Secretary of State to the Commission on
19 Ethics; authorizing the Technological Research
20 and Development Authority to make certain gifts
21 under certain circumstances; amending s.
22 112.3149, F.S.; transferring filing
23 administration for honoraria disclosure from
24 the Department of State to the Commission on
25 Ethics; amending s. 112.321, F.S.; regarding
26 membership of the Ethics Commission;
27 repealing s. 112.322(9), F.S., which requires
28 the Commission on Ethics to report certain
29 delinquent financial disclosure filers to the
30 Department of Community Affairs; amending s.
31 440.442, F.S.; transferring the filing location
2
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 for public financial reporting by judges of
2 compensation claims from the Secretary of State
3 to the Commission on Ethics; clarifying that
4 the Code of Judicial Conduct governs the
5 reporting of gifts for judges of compensation
6 claims; repealing ss. 839.08, 839.09, 839.091,
7 and 839.10, F.S., which provide criminal
8 penalties for offenses by public officers and
9 employees relating to the purchase of supplies
10 or materials and the bidding for public work;
11 creating s. 112.3232, F.S.; authorizing the
12 Commission on Ethics to seek immunity for
13 certain witnesses; amending s. 112.3147, F.S.;
14 authorizing the Commission on Ethics to
15 prescribe forms relating to full and public
16 financial disclosure; prescribing requirements
17 for reporting certain assets and liabilities on
18 the full and public disclosure form; providing
19 for a report by the Commission on Ethics on the
20 implementation of educational requirements for
21 public officials; appropriating funds to the
22 Commission on Ethics; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (12) and (14) of section
28 112.312, Florida Statutes, are amended to read:
29 112.312 Definitions.--As used in this part and for
30 purposes of the provisions of s. 8, Art. II of the State
31 Constitution, unless the context otherwise requires:
3
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (12)(a) "Gift," for purposes of ethics in government
2 and financial disclosure required by law, means that which is
3 accepted by a donee or by another on the donee's behalf, or
4 that which is paid or given to another for or on behalf of a
5 donee, directly, indirectly, or in trust for the donee's
6 benefit or by any other means, for which equal or greater
7 consideration is not given within 90 days, including:
8 1. Real property.
9 2. The use of real property.
10 3. Tangible or intangible personal property.
11 4. The use of tangible or intangible personal
12 property.
13 5. A preferential rate or terms on a debt, loan,
14 goods, or services, which rate is below the customary rate and
15 is not either a government rate available to all other
16 similarly situated government employees or officials or a rate
17 which is available to similarly situated members of the public
18 by virtue of occupation, affiliation, age, religion, sex, or
19 national origin.
20 6. Forgiveness of an indebtedness.
21 7. Transportation, other than that provided to a
22 public officer or employee by an agency in relation to
23 officially approved governmental business, lodging, or
24 parking.
25 8. Food or beverage.
26 9. Membership dues.
27 10. Entrance fees, admission fees, or tickets to
28 events, performances, or facilities.
29 11. Plants, flowers, or floral arrangements.
30 12. Services provided by persons pursuant to a
31 professional license or certificate.
4
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 13. Other personal services for which a fee is
2 normally charged by the person providing the services.
3 14. Any other similar service or thing having an
4 attributable value not already provided for in this section.
5 (b) "Gift" does not include:
6 1. Salary, benefits, services, fees, commissions,
7 gifts, or expenses associated primarily with the donee's
8 employment, business, or service as an officer or director of
9 a corporation or organization.
10 2. Contributions or expenditures reported pursuant to
11 chapter 106, campaign-related personal services provided
12 without compensation by individuals volunteering their time,
13 or any other contribution or expenditure by a political party.
14 3. An honorarium or an expense related to an
15 honorarium event paid to a person or the person's spouse.
16 4. An award, plaque, certificate, or similar
17 personalized item given in recognition of the donee's public,
18 civic, charitable, or professional service.
19 5. An honorary membership in a service or fraternal
20 organization presented merely as a courtesy by such
21 organization.
22 6. The use of a public facility or public property,
23 made available by a governmental agency, for a public purpose.
24 7. Transportation provided to a public officer or
25 employee by an agency in relation to officially approved
26 governmental business.
27 8. Gifts provided directly or indirectly by a state,
28 regional, or national organization which promotes the exchange
29 of ideas between, or the professional development of,
30 governmental officials or employees, and whose membership is
31 primarily composed of elected or appointed public officials or
5
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 staff, to members of that organization or officials or staff
2 of a governmental agency that is a member of that
3 organization.
4 (c) For the purposes of paragraph (a), "intangible
5 personal property" means property as defined in s.
6 192.001(11)(b).
7 (d) For the purposes of paragraph (a), the term
8 "consideration" does not include a promise to pay or otherwise
9 provide something of value unless the promise is in writing
10 and enforceable through the courts.
11 (14) "Liability" means any monetary debt or obligation
12 owed by the reporting person to another person, entity, or
13 governmental entity, except for credit card and retail
14 installment accounts, taxes owed unless reduced to a judgment,
15 indebtedness on a life insurance policy owed to the company of
16 issuance, contingent liabilities, or accrued income taxes on
17 net unrealized appreciation. Each liability which is required
18 to be disclosed by s. 8, Art. II of the State Constitution
19 shall identify the name and address of the creditor.
20 Section 2. Section 112.3144, Florida Statutes, is
21 amended to read:
22 112.3144 Full and public disclosure of financial
23 interests.--
24 (1) A person who is required, pursuant to s. 8, Art.
25 II of the State Constitution, to file a full and public
26 disclosure of financial interests for any calendar or fiscal
27 year shall file the disclosure with the Florida Commission on
28 Ethics.
29 (2)(1) A No person who is required, pursuant to s. 8,
30 Art. II of the State Constitution, to file a full and public
31 disclosure of financial interests and who has filed a full and
6
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 public disclosure of financial interests for any calendar or
2 fiscal year shall not be required to file a statement of
3 financial interests pursuant to s. 112.3145(2) and (3) for the
4 same year or for any part thereof notwithstanding any
5 requirement of this part, except that a candidate for office
6 shall file a copy of his or her disclosure with the officer
7 before whom he or she qualifies.
8 (3)(2) For purposes of full and public disclosure
9 under s. 8(a), Art. II of the State Constitution, the
10 following items, if not held for investment purposes and if
11 valued at over $1,000 in the aggregate, may be reported in a
12 lump sum and identified as "household goods and personal
13 effects":
14 (a) Jewelry;
15 (b) Collections of stamps, guns, and numismatic
16 properties;
17 (c) Art objects;
18 (d) Household equipment and furnishings;
19 (e) Clothing;
20 (f) Other household items; and
21 (g) Vehicles for personal use.
22 (4)(3) Forms for compliance with the full and public
23 disclosure requirements of s. 8, Art. II of the State
24 Constitution, and a current list of persons required to file
25 full and public disclosure by s. 8, Art. II of the State
26 Constitution, or other state law, shall be created provided by
27 the Commission on Ethics. The commission to the Secretary of
28 State, who shall give notice of disclosure deadlines and
29 delinquencies and distribute forms in the following manner:
30 (a) Not later than May 1 of each year, the commission
31 on Ethics shall prepare a current list of the names and
7
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 addresses of and the offices held by every person required to
2 file full and public disclosure annually by s. 8, Art. II of
3 the State Constitution, or other state law, and shall provide
4 the Secretary of State with the mailing list. In compiling the
5 list, the commission shall be assisted by each unit of
6 government in providing at the request of the commission the
7 name, address, and name of the office held by each public
8 official within the respective unit of government.
9 (b) Not later than 30 days before July 1 of each year,
10 the commission Secretary of State shall mail a copy of the
11 form prescribed for compliance with full and public disclosure
12 and a notice of the filing deadline to each person on the
13 mailing list.
14 (c) Not later than 30 days after July 1 of each year,
15 the commission Secretary of State shall determine which
16 persons on the mailing list have failed to file full and
17 public disclosure and shall send delinquency notices by
18 certified mail to such persons. Each notice must shall state
19 that a grace period is in effect until September 1 of the
20 current year and that, if the statement is not filed by
21 September 1 of the current year, a $25 fine for each day late
22 will be imposed, up to a maximum penalty of $1,500; and that,
23 if upon the filing of a sworn complaint the commission finds
24 that the person has failed to timely file the statement within
25 60 days after September 1 of the current year, such person
26 will also be subject to the penalties provided in s. 112.317
27 the Secretary of State is required by law to notify the
28 Commission on Ethics of the delinquency.
29 (d) Statements must be filed not later than 5 p.m. of
30 the due date. However, any statement that is postmarked by the
31 United States Postal Service by midnight of the due date is
8
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 deemed to have been filed in a timely manner, and a
2 certificate of mailing obtained from and dated by the United
3 States Postal Service at the time of the mailing, or a receipt
4 from an established courier company which bears a date on or
5 before the due date, constitutes proof of mailing in a timely
6 manner.
7 (d) Not later than 30 days following September 1 of
8 each year, the Secretary of State shall certify to the
9 Commission on Ethics a list of the names and addresses of and
10 the offices held by all persons on the mailing list who have
11 failed to timely file full and public disclosure. The
12 certification shall be on a form prescribed by the commission
13 and shall indicate whether the Secretary of State has provided
14 the disclosure forms and notice as required by this section to
15 all persons named on the delinquency list.
16 (e) Any person who is required to file full and public
17 disclosure of financial interests and whose name is on the
18 commission's mailing list but who fails to timely file is
19 assessed a fine of $25 per day for each day late up to a
20 maximum of $1,500; however this $1,500 limitation on automatic
21 fines does not limit the civil penalty that may be imposed if
22 the statement is filed more than 60 days after the deadline
23 and a complaint is filed, as provided in s. 112.324. The
24 commission must provide by rule the grounds for waiving the
25 fine and the procedures by which each person whose name is on
26 the mailing list and who is determined to have not filed in a
27 timely manner will be notified of assessed fines and may
28 appeal. The rule must provide for and make specific the
29 following:
30 1. The amount of the fine due is based upon the
31 earliest of the following:
9
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 a. When a statement is actually received by the
2 office.
3 b. When the statement is postmarked.
4 c. When the certificate of mailing is dated.
5 d. When the receipt from an established courier
6 company is dated.
7 2. Upon receipt of the disclosure statement or upon
8 accrual of the maximum penalty, whichever occurs first, the
9 commission shall determine the amount of the fine which is due
10 and shall notify the delinquent person. The notice must
11 include an explanation of the appeal procedure under
12 subparagraph 3. Such fine must be paid within 30 days after
13 the notice of payment due is transmitted, unless appeal is
14 made to the commission pursuant to subparagraph 3. The moneys
15 shall be deposited into the General Revenue Fund.
16 3. Any reporting person may appeal or dispute a fine,
17 based upon unusual circumstances surrounding the failure to
18 file on the designated due date, and may request and is
19 entitled to a hearing before the commission, which may waive
20 the fine in whole or in part for good cause shown. Any such
21 request must be made within 30 days after the notice of
22 payment due is transmitted. In such a case, the reporting
23 person must, within the 30-day period, notify the person
24 designated to review the timeliness of reports in writing of
25 his or her intention to bring the matter before the
26 commission.
27 (f)(e) Any person subject to the annual filing of full
28 and public disclosure under s. 8, Art. II of the State
29 Constitution, or other state law, whose name is not on the
30 commission's mailing list of persons required to file full and
31 public disclosure is provided to the Secretary of State shall
10
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 not subject to the fines or penalties provided in this part be
2 deemed delinquent for failure to file full and public
3 disclosure in any year in which the omission occurred, but
4 nevertheless is required to file the disclosure statement.
5 (g)(f) The notification requirements and fines of this
6 subsection do not apply to candidates or to the first filing
7 required of any person appointed to elective constitutional
8 office or other position required to file full and public
9 disclosure, unless the person's name is on the commission's
10 notification list and the person received notification from
11 the commission. The appointing official shall notify such
12 newly appointed person of the obligation to file full and
13 public disclosure by July 1. The notification requirements and
14 fines of this subsection do not apply to the final filing
15 provided for in subsection (5).
16 (h) Notwithstanding any provision of chapter 120, any
17 fine imposed under this subsection which is not waived by
18 final order of the commission and which remains unpaid more
19 than 60 days after the notice of payment due or more than 60
20 days after the commission renders a final order on the appeal
21 must be submitted to the Department of Banking and Finance as
22 a claim, debt, or other obligation owed to the state, and the
23 department shall assign the collection of such fine to a
24 collection agent as provided in s. 17.20.
25 (5) Each person required to file full and public
26 disclosure of financial interests shall file a final
27 disclosure statement within 60 days after leaving his or her
28 public position for the period between January 1 of the year
29 in which the person leaves and the last day of office or
30 employment, unless within the 60-day period the person takes
31 another public position requiring financial disclosure under
11
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 s. 8 of Art. II of the State Constitution, or is otherwise
2 required to file full and public disclosure for the final
3 disclosure period. The head of the agency of each person
4 required to file full and public disclosure for the final
5 disclosure period shall notify such persons of their
6 obligation to file the final disclosure and may designate a
7 person to be responsible for the notification requirements of
8 this subsection.
9 (6) The commission shall adopt rules and forms
10 specifying how a person who is required to file full and
11 public disclosure of financial interests may amend his or her
12 disclosure statement to report information that was not
13 included on the form as originally filed. If the amendment is
14 the subject of a complaint filed under this part, the
15 commission and the proper disciplinary official or body shall
16 consider as a mitigating factor when considering appropriate
17 disciplinary action the fact that the amendment was filed
18 before any complaint or other inquiry or proceeding, while
19 recognizing that the public was deprived of access to
20 information to which it was entitled.
21 Section 3. Section 112.3145, Florida Statutes, is
22 amended to read:
23 112.3145 Disclosure of financial interests and clients
24 represented before agencies.--
25 (1) For purposes of this section, unless the context
26 otherwise requires, the term:
27 (a) "Local officer" means:
28 1. Every person who is elected to office in any
29 political subdivision of the state, and every person who is
30 appointed to fill a vacancy for an unexpired term in such an
31 elective office.
12
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 2. Any appointed member of any of the following
2 boards, councils, commissions, authorities, or other bodies of
3 any county, municipality, school district, independent special
4 district, or other political subdivision of the state:
5 a. The governing body of the political subdivision, if
6 appointed;
7 b. An expressway authority or transportation authority
8 established by general law;
9 c. A community college or junior college district
10 board of trustees;
11 d. A board having the power to enforce local code
12 provisions;
13 e. A planning or zoning board, board of adjustment,
14 board of appeals, or other board having the power to
15 recommend, create, or modify land planning or zoning within
16 the political subdivision, except for citizen advisory
17 committees, technical coordinating committees, and such other
18 groups who only have the power to make recommendations to
19 planning or zoning boards;
20 f. A pension board or retirement board having the
21 power to invest pension or retirement funds or the power to
22 make a binding determination of one's entitlement to or amount
23 of a pension or other retirement benefit; or
24 g. Any other appointed member of a local government
25 board who is required to file a statement of financial
26 interests by the appointing authority or the enabling
27 legislation, ordinance, or resolution creating the board. a
28 board; commission; authority, including any expressway
29 authority or transportation authority established by general
30 law; community college district board of trustees; or council
31 of any political subdivision of the state, excluding any
13
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 member of an advisory body. A governmental body with
2 land-planning, zoning, or natural resources responsibilities
3 shall not be considered an advisory body.
4 3. Any person holding one or more of the following
5 positions: mayor; county or city manager; chief administrative
6 employee of a county, municipality, or other political
7 subdivision; county or municipal attorney; chief county or
8 municipal building inspector; county or municipal water
9 resources coordinator; county or municipal pollution control
10 director; county or municipal environmental control director;
11 county or municipal administrator, with power to grant or deny
12 a land development permit; chief of police; fire chief;
13 municipal clerk; district school superintendent; community
14 college president; district medical examiner; or purchasing
15 agent having the authority to make any purchase exceeding the
16 threshold amount provided for in s. 287.017 for CATEGORY ONE,
17 on behalf of any political subdivision of the state or any
18 entity thereof.
19 (b) "Specified state employee" means:
20 1. Public counsel created by chapter 350, an assistant
21 state attorney, an assistant public defender, a full-time
22 state employee who serves as counsel or assistant counsel to
23 any state agency, a judge of compensation claims, an
24 administrative law judge, or a hearing officer.
25 2. Any person employed in the office of the Governor
26 or in the office of any member of the Cabinet if that person
27 is exempt from the Career Service System, except persons
28 employed in clerical, secretarial, or similar positions.
29 3. Each appointed secretary, assistant secretary,
30 deputy secretary, executive director, assistant executive
31 director, or deputy executive director of each state
14
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 department, commission, board, or council; unless otherwise
2 provided, the division director, assistant division director,
3 deputy director, bureau chief, and assistant bureau chief of
4 any state department or division; or any person having the
5 power normally conferred upon such persons, by whatever title.
6 4. The superintendent or institute director of a state
7 mental health institute established for training and research
8 in the mental health field or the superintendent or director
9 of any major state institution or facility established for
10 corrections, training, treatment, or rehabilitation.
11 5. Business managers, purchasing agents having the
12 power to make any purchase exceeding the threshold amount
13 provided for in s. 287.017 for CATEGORY ONE, finance and
14 accounting directors, personnel officers, or grants
15 coordinators for any state agency.
16 6. Any person, other than a legislative assistant
17 exempted by the presiding officer of the house by which the
18 legislative assistant is employed, who is employed in the
19 legislative branch of government, except persons employed in
20 maintenance, clerical, secretarial, or similar positions.
21 7. Each employee of the Commission on Ethics.
22 (c) "State officer" means:
23 1. Any elected public officer, excluding those elected
24 to the United States Senate and House of Representatives, not
25 covered elsewhere in this part and any person who is appointed
26 to fill a vacancy for an unexpired term in such an elective
27 office.
28 2. An appointed member of each board, commission,
29 authority, or council having statewide jurisdiction, excluding
30 a member of an advisory body.
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
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)(a) A person seeking nomination or election to a
5 state or local elective office shall file a statement of
6 financial interests together with, and at the same time he or
7 she files, qualifying papers.
8 (b) Each state or local officer and each specified
9 state employee shall file a statement of financial interests
10 no later than July 1 of each year. Each state officer, local
11 officer, and specified state employee shall file a final
12 statement of financial interests within 60 days after leaving
13 his or her public position for the period between January 1 of
14 the year in which the person leaves and the last day of office
15 or employment, unless within the 60-day period the person
16 takes another public position requiring financial disclosure
17 under this section or s. 8, Art. II of the State Constitution
18 or otherwise is required to file full and public disclosure or
19 a statement of financial interests for the final disclosure
20 period. Each state or local officer who is appointed and each
21 specified state employee who is employed shall file a
22 statement of financial interests within 30 days from the date
23 of appointment or, in the case of a specified state employee,
24 from the date on which the employment begins, except that any
25 person whose appointment is subject to confirmation by the
26 Senate shall file prior to confirmation hearings or within 30
27 days from the date of appointment, whichever comes first.
28 (c) State officers, persons qualifying for a state
29 office, and specified state employees shall file their
30 statements of financial interests with the Commission on
31 Ethics Secretary of State. Local officers shall file their
16
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 statements of financial interests with the supervisor of
2 elections of the county in which they permanently reside.
3 Local officers who do not permanently reside in any county in
4 the state shall file their statements of financial interests
5 with the supervisor of elections of the county in which their
6 agency maintains its headquarters. Persons seeking to qualify
7 as candidates for local public office shall file their
8 statements of financial interests with the officer before whom
9 they qualify.
10 (3) The statement of financial interests for state
11 officers, specified state employees, local officers, and
12 persons seeking to qualify as candidates for state or local
13 office shall be filed even if the reporting person holds no
14 financial interests requiring disclosure, in which case the
15 statement shall be marked "not applicable." Otherwise, the
16 statement of financial interests shall include, at the filer's
17 option, either:
18 (a)1. All sources of income in excess of 5 percent of
19 the gross income received during the disclosure period by the
20 person in his or her own name or by any other person for his
21 or her use or benefit, excluding public salary. However, this
22 shall not be construed to require disclosure of a business
23 partner's sources of income. The person reporting shall list
24 such sources in descending order of value with the largest
25 source first;.
26 2.(b) All sources of income to a business entity in
27 excess of 10 percent of the gross income of a business entity
28 in which the reporting person held a material interest and
29 from which he or she received an amount which was in excess of
30 10 percent of his or her gross income during the disclosure
31 period and which exceeds $1,500. The period for computing the
17
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 gross income of the business entity is the fiscal year of the
2 business entity which ended on, or immediately prior to, the
3 end of the disclosure period of the person reporting;.
4 3.(c) The location or description of real property in
5 this state, except for residences and vacation homes, owned
6 directly or indirectly by the person reporting, when such
7 person owns in excess of 5 percent of the value of such real
8 property, and a general description of any intangible personal
9 property worth in excess of 10 percent of such person's total
10 assets. For the purposes of this paragraph, indirect
11 ownership does not include ownership by a spouse or minor
12 child; and.
13 4.(d) Every individual liability that which in sum
14 equals more than the reporting person's net worth; or.
15 (b)1. All sources of gross income in excess of $2,500
16 received during the disclosure period by the person in his or
17 her own name or by any other person for his or her use or
18 benefit, excluding public salary. However, this shall not be
19 construed to require disclosure of a business partner's
20 sources of income. The person reporting shall list such
21 sources in descending order of value with the largest source
22 first;
23 2. All sources of income to a business entity in
24 excess of 10 percent of the gross income of a business entity
25 in which the reporting person held a material interest and
26 from which he or she received gross income exceeding $5,000
27 during the disclosure period. The period for computing the
28 gross income of the business entity is the fiscal year of the
29 business entity which ended on, or immediately prior to, the
30 end of the disclosure period of the person reporting;
31
18
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 3. The location or description of real property in
2 this state, except for residence and vacation homes, owned
3 directly or indirectly by the person reporting, when such
4 person owns in excess of 5 percent of the value of such real
5 property, and a general description of any intangible personal
6 property worth in excess of $10,000. For the purpose of this
7 paragraph, indirect ownership does not include ownership by a
8 spouse or minor child; and
9 4. Every liability in excess of $10,000.
10 (4) Each elected constitutional officer, state
11 officer, local officer, and specified state employee shall
12 file a quarterly report of the names of clients represented
13 for a fee or commission, except for appearances in ministerial
14 matters, before agencies at his or her level of government.
15 For the purposes of this part, agencies of government shall be
16 classified as state-level agencies or agencies below state
17 level. Each local officer shall file such report with the
18 supervisor of elections of the county in which the officer is
19 principally employed or is a resident. Each state officer,
20 elected constitutional officer, and specified state employee
21 shall file such report with the commission Secretary of State.
22 The report shall be filed only when a reportable
23 representation is made during the calendar quarter and shall
24 be filed no later than the last day of each calendar quarter,
25 for the previous calendar 15 days after the last day of the
26 quarter. Representation before any agency shall be deemed to
27 include representation by such officer or specified state
28 employee or by any partner or associate of the professional
29 firm of which he or she is a member and of which he or she has
30 actual knowledge. For the purposes of this subsection, the
31 term "representation before any agency" does not include
19
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 appearances before any court or Chief Judges of Compensation
2 Claims or judges of compensation claims or representations on
3 behalf of one's agency in one's official capacity. Such term
4 does not include the preparation and filing of forms and
5 applications merely for the purpose of obtaining or
6 transferring a license based on a quota or a franchise of such
7 agency or a license or operation permit to engage in a
8 profession, business, or occupation, so long as the issuance
9 or granting of such license, permit, or transfer does not
10 require substantial discretion, a variance, a special
11 consideration, or a certificate of public convenience and
12 necessity.
13 (5) Each elected constitutional officer and each
14 candidate for such office, any other public officer required
15 pursuant to s. 8, Art. II of the State Constitution to file a
16 full and public disclosure of his or her financial interests,
17 and each state officer, local officer, specified state
18 employee, and candidate for elective public office who is or
19 was during the disclosure period an officer, director,
20 partner, proprietor, or agent, other than a resident agent
21 solely for service of process, of, or owns or owned during the
22 disclosure period a material interest in, any business entity
23 which is granted a privilege to operate in this state shall
24 disclose such facts as a part of the disclosure form filed
25 pursuant to s. 8, Art. II of the State Constitution or this
26 section, as applicable. The statement shall give the name,
27 address, and principal business activity of the business
28 entity and shall state the position held with such business
29 entity or the fact that a material interest is owned and the
30 nature of that interest.
31
20
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (6) Forms for compliance with the disclosure
2 requirements of this section and a current list of persons
3 subject to disclosure shall be created provided by the
4 commission on Ethics to the Secretary of State and provided to
5 each supervisor of elections. The commission and each
6 supervisor of elections, who shall give notice of disclosure
7 deadlines and delinquencies and distribute forms in the
8 following manner:
9 (a)1. Not later than May 1 of each year, the
10 commission on Ethics shall prepare a current list of the names
11 and addresses of, and the offices or positions held by, every
12 state officer, local officer, and specified employee. In
13 compiling the list, the commission shall be assisted by each
14 unit of government in providing, at the request of the
15 commission, the name, address, and name of agency of, and the
16 office or position held by, each state officer, local officer,
17 or specified state employee within the respective unit of
18 government.
19 2. Not later than May 15 of each year, the commission
20 shall provide the Secretary of State with a current mailing
21 list of all state officers and specified employees and shall
22 provide each supervisor of elections with a current mailing
23 list of all local officers required to file with such
24 supervisor of elections.
25 (b) Not later than 30 days before July 1 of each year,
26 the commission Secretary of State and each supervisor of
27 elections, as appropriate, shall mail a copy of the form
28 prescribed for compliance with subsection (3) and a notice of
29 all applicable disclosure forms and filing deadlines to each
30 person required to file a statement of financial interests.
31
21
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (c) Not later than 30 days after July 1 of each year,
2 the commission Secretary of State and each supervisor of
3 elections shall determine which persons required to file a
4 statement of financial interests in their respective offices
5 have failed to do so and shall send delinquency notices by
6 certified mail to such persons. Each notice shall state that
7 a grace period is in effect until September 1 of the current
8 year; that no investigative or disciplinary action based upon
9 the delinquency will be taken by the agency head or commission
10 on Ethics if the statement is filed by September 1 of the
11 current year; that, if the statement is not filed by September
12 1 of the current year, a fine of $25 for each day late will be
13 imposed, up to a maximum penalty of $1,500; for notices sent
14 by a supervisor of elections, that he or she is required by
15 law to notify the commission on Ethics of the delinquency; and
16 that, if upon the filing of a sworn complaint the commission
17 finds that the person has failed to timely file the statement
18 within 60 days after by September 1 of the current year, such
19 person will also shall be subject to the penalties provided in
20 s. 112.317.
21 (d) No later than November 15 of each year Not later
22 than 30 days following September 1 of each year, the Secretary
23 of State and the supervisor of elections in each county shall
24 certify to the commission on Ethics a list of the names and
25 addresses of, and the offices or positions held by, all
26 persons who have failed to timely file the required statements
27 of financial interests. The certification must include the
28 earliest of the dates described in subparagraph (f)1. The
29 certification shall be on a form prescribed by the commission
30 and shall indicate whether the supervisor of elections
31 respective certifying official has provided the disclosure
22
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 forms and notice as required by this subsection to all persons
2 named on the delinquency list.
3 (e) Statements must be filed not later than 5 p.m. of
4 the due date. However, any statement that is postmarked by the
5 United States Postal Service by midnight of the due date is
6 deemed to have been filed in a timely manner, and a
7 certificate of mailing obtained from and dated by the United
8 States Postal Service at the time of the mailing, or a receipt
9 from an established courier company which bears a date on or
10 before the due date, constitutes proof of mailing in a timely
11 manner.
12 (f) Any person who is required to file a statement of
13 financial interests and whose name is on the commission's
14 mailing list but who fails to timely file is assessed a fine
15 of $25 per day for each day late up to a maximum of $1,500;
16 however, this $1,500 limitation on automatic fines does not
17 limit the civil penalty that may be imposed if the statement
18 is filed more than 60 days after the deadline and a complaint
19 is filed, as provided in s. 112.324. The commission must
20 provide by rule the grounds for waiving the fine and
21 procedures by which each person whose name is on the mailing
22 list and who is determined to have not filed in a timely
23 manner will be notified of assessed fines and may appeal. The
24 rule must provide for and make specific the following:
25 1. The amount of the fine due is based upon the
26 earliest of the following:
27 a. When a statement is actually received by the
28 office.
29 b. When the statement is postmarked.
30 c. When the certificate of mailing is dated.
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 d. When the receipt from an established courier
2 company is dated.
3 2. For a specified state employee or a state officer,
4 upon receipt of the disclosure statement by the commission or
5 upon accrual of the maximum penalty, whichever occurs first,
6 and for a local officer upon receipt by the commission of the
7 certification from the local officer's supervisor of elections
8 pursuant to paragraph (d), the commission shall determine the
9 amount of the fine which is due and shall notify the
10 delinquent person. The notice must include an explanation of
11 the appeal procedure under subparagraph 3. The fine must be
12 paid within 30 days after the notice of payment due is
13 transmitted, unless appeal is made to the commission pursuant
14 to subparagraph 3. The moneys are to be deposited into the
15 General Revenue Fund.
16 3. Any reporting person may appeal or dispute a fine,
17 based upon unusual circumstances surrounding the failure to
18 file on the designated due date, and may request and is
19 entitled to a hearing before the commission, which may waive
20 the fine in whole or in part for good cause shown. Any such
21 request must be made within 30 days after the notice of
22 payment due is transmitted. In such a case, the reporting
23 person must, within the 30-day period, notify the person
24 designated to review the timeliness of reports in writing of
25 his or her intention to bring the matter before the
26 commission.
27 (g)(e) Any state officer, local officer, or specified
28 employee whose name is not on the mailing list of persons
29 required to file an annual statement of financial interests
30 provided to the Secretary of State or supervisor of elections
31 is not subject to the penalties provided in s. 112.317 or the
24
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 fine provided in this section for failure to timely file a
2 statement of financial interests in any year in which the
3 omission occurred, but nevertheless is required to file the
4 disclosure statement.
5 (h)(f) The notification requirements and fines of this
6 subsection do not apply to candidates or to the first or final
7 filing required of any state officer, specified employee, or
8 local officer as provided in paragraph (2)(b).
9 (i) Notwithstanding any provision of chapter 120, any
10 fine imposed under this subsection which is not waived by
11 final order of the commission and which remains unpaid more
12 than 60 days after the notice of payment due or more than 60
13 days after the commission renders a final order on the appeal
14 must be submitted to the Department of Banking and Finance as
15 a claim, debt, or other obligation owed to the state, and the
16 department shall assign the collection of such a fine to a
17 collection agent as provided in s. 17.20.
18 (7)(a) The appointing official or body shall notify
19 each newly appointed local officer, state officer, or
20 specified state employee, not later than the date of
21 appointment, of the officer's or employee's duty to comply
22 with the disclosure requirements of this section. The agency
23 head of each employing agency shall notify each newly employed
24 local officer or specified state employee, not later than the
25 day of employment, of the officer's or employee's duty to
26 comply with the disclosure requirements of this section. The
27 appointing official or body or employing agency head may
28 designate a person to be responsible for the notification
29 requirements of this paragraph section.
30 (b) The agency head of the agency of each local
31 officer, state officer, or specified state employee who is
25
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 required to file a statement of financial interests for the
2 final disclosure period shall notify such persons of their
3 obligation to file the final disclosure and may designate a
4 person to be responsible for the notification requirements of
5 this paragraph.
6 (8) A public officer who has filed a disclosure for
7 any calendar or fiscal year shall not be required to file a
8 second disclosure for the same year or any part thereof,
9 notwithstanding any requirement of this act, except that any
10 public officer who qualifies as a candidate for public office
11 shall file a copy of the disclosure with the officer before
12 whom he or she qualifies as a candidate at the time of
13 qualification.
14 (9) The commission shall adopt rules and forms
15 specifying how a state officer, local officer, or specified
16 state employee may amend his or her statement of financial
17 interests to report information that was not included on the
18 form as originally filed. If the amendment is the subject of a
19 complaint filed under this part, the commission and the proper
20 disciplinary official or body shall consider as a mitigating
21 factor when considering appropriate disciplinary action the
22 fact that the amendment was filed before any complaint or
23 other inquiry or proceeding, while recognizing that the public
24 was deprived of access to information to which it was
25 entitled.
26 Section 4. Section 112.3148, Florida Statutes, is
27 amended to read:
28 112.3148 Reporting and prohibited receipt of gifts by
29 individuals filing full or limited public disclosure of
30 financial interests and by procurement employees.--
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (1) The provisions of this section do not apply to
2 gifts solicited or accepted by a reporting individual or
3 procurement employee from a relative.
4 (2) As used in this section:
5 (a) "Immediate family" means any parent, spouse,
6 child, or sibling.
7 (b)1. "Lobbyist" means any natural person who, for
8 compensation, seeks, or sought during the preceding 12 months,
9 to influence the governmental decisionmaking of a reporting
10 individual or procurement employee or his or her agency or
11 seeks, or sought during the preceding 12 months, to encourage
12 the passage, defeat, or modification of any proposal or
13 recommendation by the reporting individual or procurement
14 employee or his or her agency.
15 2. With respect to an agency that has established by
16 rule, ordinance, or law a registration process for persons
17 seeking to influence decisionmaking or to encourage the
18 passage, defeat, or modification of any proposal or
19 recommendation by such agency or an employee or official of
20 the agency, the term "lobbyist" includes only a person who is
21 required to be registered as a lobbyist in accordance with
22 such rule, ordinance, or law or who was during the preceding
23 12 months required to be registered as a lobbyist in
24 accordance with such rule, ordinance, or law. At a minimum,
25 such a registration system must require the registration of,
26 or must designate, persons as "lobbyists" who engage in the
27 same activities as require registration to lobby the
28 Legislature pursuant to s. 11.045.
29 (c) "Person" includes individuals, firms,
30 associations, joint ventures, partnerships, estates, trusts,
31
27
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 business trusts, syndicates, fiduciaries, corporations, and
2 all other groups or combinations.
3 (d) "Reporting individual" means any individual,
4 including a candidate upon qualifying, who is required by law,
5 pursuant to s. 8, Art. II of the State Constitution or s.
6 112.3145, to file full or limited public disclosure of his or
7 her financial interests or any individual who has been elected
8 to, but has yet to officially assume the responsibilities of,
9 public office. For purposes of implementing this section, the
10 "agency" of a reporting individual who is not an officer or
11 employee in public service is the agency to which the
12 candidate seeks election, or in the case of an individual
13 elected to but yet to formally take office, the agency in
14 which the individual has been elected to serve.
15 (e) "Procurement employee" means any employee of an
16 officer, department, board, commission, or council of the
17 executive branch or judicial branch of state government who
18 participates through decision, approval, disapproval,
19 recommendation, preparation of any part of a purchase request,
20 influencing the content of any specification or procurement
21 standard, rendering of advice, investigation, or auditing or
22 in any other advisory capacity in the procurement of
23 contractual services or commodities as defined in s. 287.012,
24 if the cost of such services or commodities exceeds $1,000 in
25 any year.
26 (3) A reporting individual or procurement employee is
27 prohibited from soliciting any gift from a political committee
28 or committee of continuous existence, as defined in s.
29 106.011, or from a lobbyist who lobbies the reporting
30 individual's or procurement employee's agency, or the partner,
31 firm, employer, or principal of such lobbyist, where such gift
28
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 is for the personal benefit of the reporting individual or
2 procurement employee, another reporting individual or
3 procurement employee, or any member of the immediate family of
4 a reporting individual or procurement employee.
5 (4) A reporting individual or procurement employee or
6 any other person on his or her behalf is prohibited from
7 knowingly accepting, directly or indirectly, a gift from a
8 political committee or committee of continuous existence, as
9 defined in s. 106.011, or from a lobbyist who lobbies the
10 reporting individual's or procurement employee's agency, or
11 directly or indirectly on behalf of the partner, firm,
12 employer, or principal of a lobbyist, if he or she knows or
13 reasonably believes that the gift has a value in excess of
14 $100; however, such a gift may be accepted by such person on
15 behalf of a governmental entity or a charitable organization.
16 If the gift is accepted on behalf of a governmental entity or
17 charitable organization, the person receiving the gift shall
18 not maintain custody of the gift for any period of time beyond
19 that reasonably necessary to arrange for the transfer of
20 custody and ownership of the gift.
21 (5)(a) A political committee or a committee of
22 continuous existence, as defined in s. 106.011; a lobbyist who
23 lobbies a reporting individual's or procurement employee's
24 agency; the partner, firm, employer, or principal of a
25 lobbyist; or another on behalf of the lobbyist or partner,
26 firm, principal, or employer of the lobbyist is prohibited
27 from giving, either directly or indirectly, a gift that has a
28 value in excess of $100 to the reporting individual or
29 procurement employee or any other person on his or her behalf;
30 however, such person may give a gift having a value in excess
31 of $100 to a reporting individual or procurement employee if
29
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 the gift is intended to be transferred to a governmental
2 entity or a charitable organization.
3 (b) However, a person who is regulated by this
4 subsection, who is not regulated by subsection (6), and who
5 makes, or directs another to make, an individual gift having a
6 value in excess of $25, but not in excess of $100, other than
7 a gift which the donor knows will be accepted on behalf of a
8 governmental entity or charitable organization, must file a
9 report on the last day of each calendar quarter, for the
10 previous calendar quarter in which a reportable gift is made.
11 The report shall be filed with the Commission on Ethics
12 Secretary of State, except with respect to gifts to reporting
13 individuals of the legislative branch, in which case the
14 report shall be filed with the Division of Legislative
15 Information Services in the Office of Legislative Services.
16 The report must contain a description of each gift, the
17 monetary value thereof, the name and address of the person
18 making such gift, the name and address of the recipient of the
19 gift, and the date such gift is given. In addition, when a
20 gift is made which requires the filing of a report under this
21 subsection, the donor must notify the intended recipient at
22 the time the gift is made that the donor, or another on his or
23 her behalf, will report the gift under this subsection. Under
24 this paragraph, a gift need not be reported by more than one
25 person or entity.
26 (6)(a) Notwithstanding the provisions of subsection
27 (5), an entity of the legislative or judicial branch, a
28 department or commission of the executive branch, a water
29 management district created pursuant to s. 373.069, Tri-County
30 Commuter Rail Authority, the Technological Research and
31 Development Authority, a county, a municipality, an airport
30
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 authority, or a school board may give, either directly or
2 indirectly, a gift having a value in excess of $100 to any
3 reporting individual or procurement employee if a public
4 purpose can be shown for the gift; and a direct-support
5 organization specifically authorized by law to support a
6 governmental entity may give such a gift to a reporting
7 individual or procurement employee who is an officer or
8 employee of such governmental entity.
9 (b) Notwithstanding the provisions of subsection (4),
10 a reporting individual or procurement employee may accept a
11 gift having a value in excess of $100 from an entity of the
12 legislative or judicial branch, a department or commission of
13 the executive branch, a water management district created
14 pursuant to s. 373.069, Tri-County Commuter Rail Authority,
15 the Technological Research and Development Authority, a
16 county, a municipality, an airport authority, or a school
17 board if a public purpose can be shown for the gift; and a
18 reporting individual or procurement employee who is an officer
19 or employee of a governmental entity supported by a
20 direct-support organization specifically authorized by law to
21 support such governmental entity may accept such a gift from
22 such direct-support organization.
23 (c) No later than March 1 of each year, each
24 governmental entity or direct-support organization
25 specifically authorized by law to support a governmental
26 entity which has given a gift to a reporting individual or
27 procurement employee under paragraph (a) shall provide the
28 reporting individual or procurement employee with a statement
29 of each gift having a value in excess of $100 given to such
30 reporting individual or procurement employee by the
31 governmental entity or direct-support organization during the
31
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 preceding calendar year. Such report shall contain a
2 description of each gift, the date on which the gift was
3 given, and the value of the total gifts given by the
4 governmental entity or direct-support organization to the
5 reporting individual or procurement employee during the
6 calendar year for which the report is made. A governmental
7 entity may provide a single report to the reporting individual
8 or procurement employee of gifts provided by the governmental
9 entity and any direct-support organization specifically
10 authorized by law to support such governmental entity.
11 (d) No later than July 1 of each year, each reporting
12 individual or procurement employee shall file a statement
13 listing each gift having a value in excess of $100 received by
14 the reporting individual or procurement employee, either
15 directly or indirectly, from a governmental entity or a
16 direct-support organization specifically authorized by law to
17 support a governmental entity. The statement shall list the
18 name of the person providing the gift, a description of the
19 gift, the date or dates on which the gift was given, and the
20 value of the total gifts given during the calendar year for
21 which the report is made. The reporting individual or
22 procurement employee shall attach to such statement any report
23 received by him or her in accordance with paragraph (c), which
24 report shall become a public record when filed with the
25 statement of the reporting individual or procurement employee.
26 The reporting individual or procurement employee may explain
27 any differences between the report of the reporting individual
28 or procurement employee and the attached reports. The annual
29 report filed by a reporting individual shall be filed with the
30 financial disclosure statement required by either s. 8, Art.
31 II of the State Constitution or s. 112.3145, as applicable to
32
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 the reporting individual. The annual report filed by a
2 procurement employee shall be filed with the Commission on
3 Ethics Department of State.
4 (7)(a) The value of a gift provided to a reporting
5 individual or procurement employee shall be determined using
6 actual cost to the donor, less taxes and gratuities, except as
7 otherwise provided in this subsection, and, with respect to
8 personal services provided by the donor, the reasonable and
9 customary charge regularly charged for such service in the
10 community in which the service is provided shall be used. If
11 additional expenses are required as a condition precedent to
12 eligibility of the donor to purchase or provide a gift and
13 such expenses are primarily for the benefit of the donor or
14 are of a charitable nature, such expenses shall not be
15 included in determining the value of the gift.
16 (b) Compensation provided by the donee to the donor,
17 if provided within 90 days after receipt of the gift, shall be
18 deducted from the value of the gift in determining the value
19 of the gift.
20 (c) If the actual gift value attributable to
21 individual participants at an event cannot be determined, the
22 total costs shall be prorated among all invited persons,
23 whether or not they are reporting individuals or procurement
24 employees.
25 (d) Transportation shall be valued on a round-trip
26 basis unless only one-way transportation is provided.
27 Round-trip transportation expenses shall be considered a
28 single gift. Transportation provided in a private conveyance
29 shall be given the same value as transportation provided in a
30 comparable commercial conveyance.
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (e) Lodging provided on consecutive days shall be
2 considered a single gift. Lodging in a private residence
3 shall be valued at the per diem rate provided in s.
4 112.061(6)(a)1. less the meal allowance rate provided in s.
5 112.061(6)(b).
6 (f) Food and beverages which are not consumed at a
7 single sitting or meal and which are provided on the same
8 calendar day shall be considered a single gift, and the total
9 value of all food and beverages provided on that date shall be
10 considered the value of the gift. Food and beverage consumed
11 at a single sitting or meal shall be considered a single gift
12 and the value of the food and beverage provided at that
13 sitting or meal shall be considered the value of the gift.
14 (g) Membership dues paid to the same organization
15 during any 12-month period shall be considered a single gift.
16 (h) Entrance fees, admission fees, or tickets shall be
17 valued on the face value of the ticket or fee, or on a daily
18 or per event basis, whichever is greater.
19 (i) Except as otherwise specified in this section, a
20 gift shall be valued on a per occurrence basis.
21 (j) The value of a gift provided to several
22 individuals may be attributed on a pro rata basis among all of
23 the individuals. If the gift is food, beverage, entertainment,
24 or similar items, provided at a function for more than 10
25 people, the value of the gift to each individual shall be the
26 total value of the items provided divided by the number of
27 persons invited to the function, unless the items are
28 purchased on a per person basis, in which case the value of
29 the gift to each person is the per person cost.
30 (k) The value of a gift of an admission ticket shall
31 not include that portion of the cost which represents a
34
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 charitable contribution, if the gift is provided by the
2 charitable organization.
3 (8)(a) Each reporting individual or procurement
4 employee shall file a statement with the Commission on Ethics
5 Secretary of State on the last day of each calendar quarter,
6 for the previous calendar quarter, containing a list of gifts
7 which he or she believes to be in excess of $100 in value, if
8 any, accepted by him or her, for which compensation was not
9 provided by the donee to the donor within 90 days of receipt
10 of the gift to reduce the value to $100 or less, except the
11 following:
12 1. Gifts from relatives.
13 2. Gifts prohibited by subsection (4) or s.
14 112.313(4).
15 3. Gifts otherwise required to be disclosed by this
16 section.
17 (b) The statement shall include:
18 1. A description of the gift, the monetary value of
19 the gift, the name and address of the person making the gift,
20 and the dates thereof. If any of these facts, other than the
21 gift description, are unknown or not applicable, the report
22 shall so state.
23 2. A copy of any receipt for such gift provided to the
24 reporting individual or procurement employee by the donor.
25 (c) The statement may include an explanation of any
26 differences between the reporting individual's or procurement
27 employee's statement and the receipt provided by the donor.
28 (d) The reporting individual's or procurement
29 employee's statement shall be sworn to by such person as being
30 a true, accurate, and total listing of all such gifts.
31
35
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 (e) If a reporting individual or procurement employee
2 has not received any gifts described in paragraph (a) during a
3 calendar quarter, he or she is not required to file a
4 statement under this subsection for that calendar quarter.
5 (9) A person, other than a lobbyist regulated under s.
6 11.045, who violates the provisions of subsection (5) commits
7 a noncriminal infraction, punishable by a fine of not more
8 than $5,000 and by a prohibition on lobbying, or employing a
9 lobbyist to lobby, before the agency of the reporting
10 individual or procurement employee to which the gift was given
11 in violation of subsection (5), for a period of not more than
12 24 months. The state attorney, or an agency, if otherwise
13 authorized, may initiate an action to impose or recover a fine
14 authorized under this section or to impose or enforce a
15 limitation on lobbying provided in this section.
16 (10) A member of the Legislature may request an
17 advisory opinion from the general counsel of the house of
18 which he or she is a member as to the application of this
19 section to a specific situation. The general counsel shall
20 issue the opinion within 10 days after receiving the request.
21 The member of the Legislature may reasonably rely on such
22 opinion.
23 Section 5. Subsection (6) of section 112.3149, Florida
24 Statutes, is amended to read:
25 112.3149 Solicitation and disclosure of honoraria.--
26 (6) A reporting individual or procurement employee who
27 receives payment or provision of expenses related to any
28 honorarium event from a person who is prohibited by subsection
29 (4) from paying an honorarium to a reporting individual or
30 procurement employee shall publicly disclose on an annual
31 statement the name, address, and affiliation of the person
36
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 paying or providing the expenses; the amount of the honorarium
2 expenses; the date of the honorarium event; a description of
3 the expenses paid or provided on each day of the honorarium
4 event; and the total value of the expenses provided to the
5 reporting individual or procurement employee in connection
6 with the honorarium event. The annual statement of honorarium
7 expenses shall be filed by July 1 of each year for such
8 expenses received during the previous calendar year. The
9 reporting individual or procurement employee shall attach to
10 the annual statement a copy of each statement received by him
11 or her in accordance with subsection (5) regarding honorarium
12 expenses paid or provided during the calendar year for which
13 the annual statement is filed. Such attached statement shall
14 become a public record upon the filing of the annual report.
15 The annual statement of a reporting individual shall be filed
16 with the financial disclosure statement required by either s.
17 8, Art. II of the State Constitution or s. 112.3145, as
18 applicable to the reporting individual. The annual statement
19 of a procurement employee shall be filed with the Commission
20 on Ethics Department of State.
21 Section 6. Subsection (1) of section 112.321, Florida
22 Statutes, is amended to read:
23 112.321 Membership, terms; travel expenses; staff.--
24 (1) The commission shall be composed of nine members.
25 Five of these members shall be appointed by the Governor, no
26 more than three of whom shall be from the same political
27 party, subject to confirmation by the Senate. One member
28 appointed by the Governor shall be a former city or county
29 official and may be a former member of a local planning or
30 zoning board which has only advisory duties. Two members
31 shall be appointed by the Speaker of the House of
37
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 Representatives, and two members shall be appointed by the
2 President of the Senate. Neither the Speaker of the House of
3 Representatives nor the President of the Senate shall appoint
4 more than one member from the same political party. Of the
5 nine members of the Commission, no more than five members
6 shall be from the same political party at any one time. No
7 member may hold any public employment. All members shall
8 serve 2-year terms. No member shall serve more than two full
9 terms in succession. Any member of the commission may be
10 removed for cause by majority vote of the Governor, the
11 President of the Senate, the Speaker of the House of
12 Representatives, and the Chief Justice of the Supreme Court.
13 Section 7. Subsection (9) of section 112.322, Florida
14 Statutes, is repealed.
15 Section 8. Subsection (6) of section 440.442, Florida
16 Statutes, is amended to read:
17 440.442 Code of Judicial Conduct.--The Chief Judge,
18 and judges of compensation claims shall observe and abide by
19 the Code of Judicial Conduct as provided in this section. Any
20 material violation of a provision of the Code of Judicial
21 Conduct shall constitute either malfeasance or misfeasance in
22 office and shall be grounds for suspension and removal of such
23 Chief Judge, or judge of compensation claims by the Governor.
24 (6) FISCAL MATTERS OF JUDGES.--Fiscal matters of a
25 judge should be conducted in a manner that will not give the
26 appearance of influence or impropriety. A judge should
27 regularly file public reports as required by s. 8, Art. II of
28 the State Constitution, and should publicly report gifts.
29 (a) Compensation for quasi-judicial and extrajudicial
30 services and reimbursement of expenses.--A judge may receive
31 compensation and reimbursement of expenses for the
38
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 quasi-judicial and extrajudicial activities permitted by this
2 section, if the source of such payments does not give the
3 appearance of influencing the judge in his or her judicial
4 duties or otherwise give the impression of impropriety subject
5 to the following restrictions:
6 1. Compensation: Compensation should not exceed a
7 reasonable amount nor should it exceed what a person who is
8 not a judge would receive for the same activity.
9 2. Expense reimbursement: Expense reimbursement
10 should be limited to the actual cost of travel, food, and
11 lodging reasonably incurred by the judge and, where
12 appropriate to the occasion, to his or her spouse. Any payment
13 in excess of such an amount is compensation.
14 (b) Public financial reporting.--
15 1. Income and assets: A judge shall file such public
16 reports as may be required by law for all public officials to
17 comply fully with the provisions of s. 8, Art. II of the State
18 Constitution. The form for public financial disclosure shall
19 be that recommended or adopted by the Florida Commission on
20 Ethics for use by all public officials. The form shall be
21 filed in the office of the Commission on Ethics Secretary of
22 State on the date prescribed by law.
23 2. Gifts: A judge shall file a public report of all
24 gifts which are required to be disclosed under Canon 5D(5)(h)
25 and Canon 6B(2) s. 112 [Canon 5C(4)(c) of the Code of Judicial
26 Conduct]. The report of gifts received in the preceding
27 calendar year shall be filed in the office of the Commission
28 on Ethics Secretary of State on or before July 1 of each year.
29 Section 9. Sections 839.08, 839.09, 839.091, and
30 839.10, Florida Statutes, are repealed.
31
39
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 Section 10. Section 112.3232, Florida Statutes, is
2 created to read:
3 112.3232 Compelled testimony.--If any person called to
4 give evidence in a commission proceeding shall refuse to give
5 evidence because of a claim of possible self-incrimination,
6 the commission, with the written authorization of the
7 appropriate state attorney, may apply to the chief judge of
8 the appropriate judicial circuit for a judicial grant of
9 immunity ordering the testimony or other evidence of such
10 person notwithstanding his or her objection, but in such case
11 no testimony or other information compelled under the order,
12 or any information directly or indirectly derived from such
13 testimony or other information, may be used against the
14 witness in any criminal proceeding.
15 Section 11. The provisions of this act requiring a
16 person to file a final disclosure statement within 60 days
17 after leaving his or her public position, including the
18 notification requirements relating to final filings, apply to
19 persons leaving office or employment on or after the date this
20 act becomes a law.
21 Section 12. Section 112.3147, Florida Statutes, is
22 amended to read:
23 112.3147 Forms.--
24 (1) All information required to be furnished by ss.
25 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
26 and by s. 8, Art. II of the State Constitution shall be on
27 forms prescribed by the Commission on Ethics.
28 (2)(a) With respect to reporting assets valued in
29 excess of $1,000 on forms prescribed pursuant to s. 112.3144
30 which the reporting individual holds jointly with another
31 person, the amount reported shall be based on the reporting
40
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 individual's legal percentage of ownership in the property,
2 except that assets held jointly with the reporting
3 individual's spouse shall be reported at 100 percent of the
4 value of the asset. For purposes of this subsection, a
5 reporting individual is deemed to own an interest in a
6 partnership which corresponds to the reporting individual's
7 interest in the capital or equity of the partnership.
8 (2)(b)1. With respect to reporting liabilities valued
9 in excess of $1,000 on forms prescribed pursuant to s.
10 112.3144 for which the reporting individual is jointly and
11 severally liable, the amount reported shall be based upon the
12 reporting individual's percentage of liability rather than the
13 total amount of the liability, except, a joint and several
14 liability with the reporting individual's spouse for a debt
15 which relates to property owned by both as tenants by the
16 entirety shall be reported at 100 percent of the total amount
17 owed.
18 2. A separate section of the form shall be created to
19 provide for the reporting of the amounts of joint and several
20 liability of the reporting individual not otherwise reported
21 in paragraph (a).
22 Section 13. The Commission on Ethics is directed to
23 develop a plan to implement a course of study regarding the
24 requirements of the Sunshine Amendment and Code of Ethics for
25 Public Officers and Employees in chapter 119, the public
26 records law of chapter 119, the public meetings law in chapter
27 286 and chapter 838, for each elected public officer and each
28 person appointed to hold elective public office. The
29 Commission is further directed to submit to the President of
30 the Senate, and the Speaker of the House of Representatives,
31 by the 2001 Legislative Session, a report outlining the
41
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 181, First Engrossed
1 implementation of a course of study which shall include the
2 cost estimates for developing, implementing and sustaining the
3 course of study set forth herein.
4 Section 14. This act shall take effect January 1,
5 2001.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
42