Senate Bill 0368c1

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    Florida Senate - 2000                            CS for SB 368

    By the Committee on Ethics and Elections; and Senators
    Saunders, Rossin, Hargrett, Sebesta and Kirkpatrick




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  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. 112.313, F.S.;

  5         extending the prohibition against the use of

  6         certain confidential public information to

  7         former officers, employees, and local

  8         government attorneys; expanding the scope of

  9         post-employment lobbying restriction applicable

10         to elected local officers; amending s.

11         112.3144, F.S.; transferring filing

12         administration from the Secretary of State to

13         the Commission on Ethics; modifying the filing

14         location for officers from the Secretary of

15         State to the commission; establishing an

16         automatic fine system for delinquent filers and

17         nonfilers; requiring former officers and

18         employees to file a final disclosure of

19         financial interests no later than 60 days

20         following departure, with certain exceptions;

21         requiring the Commission on Ethics to adopt

22         rules and forms relating to filing amended full

23         and public disclosure of financial interests;

24         amending s. 112.3145, F.S.; redefining the term

25         "local officer"; revising the reporting

26         requirements for limited statutory disclosure

27         of financial interests; transferring filing

28         administration from the Secretary of State to

29         the Commission on Ethics; modifying the filing

30         location for state officers and specified state

31         employees from the Secretary of State to the

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  1         commission; modifying certification

  2         requirements of supervisors of elections with

  3         regard to delinquent filers and nonfilers;

  4         establishing an automatic fine system for

  5         delinquent filers and nonfilers; requiring

  6         former officers and employees to file a final

  7         statement of financial interests within 60 days

  8         after leaving office or employment, with

  9         certain exceptions; modifying reporting dates

10         for filing quarterly reports of the names of

11         clients represented before certain agencies for

12         a fee; requiring the Commission on Ethics to

13         adopt rules and forms relating to amended

14         financial disclosure filings; amending s.

15         112.3148, F.S.; redefining the term "reporting

16         individual"; establishing a reimbursement

17         deadline with regard to the valuation of gifts

18         received by reporting individuals; clarifying

19         that the gifts law applies to candidates;

20         extending the gifts law to include

21         nonincumbents elected to office for the period

22         immediately following election but before

23         officially taking office; transferring the

24         filing administration for gift disclosure from

25         the Secretary of State to the Commission on

26         Ethics; amending s. 112.3149, F.S.;

27         transferring filing administration for

28         honoraria disclosure from the Department of

29         State to the Commission on Ethics; amending s.

30         112.317, F.S.; authorizing the Commission on

31         Ethics to recommend how restitution may be

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  1         paid; entitling the Attorney General to

  2         reimbursement of fees and costs associated with

  3         collecting civil and restitution penalties

  4         imposed for ethics violations; removing a

  5         criminal penalty related to the disclosure of

  6         confidential information brought before the

  7         commission; amending s. 112.3185, F.S.;

  8         creating a post-employment restriction for

  9         certain agency employees; amending s. 112.324,

10         F.S.; authorizing the Commission on Ethics to

11         investigate potential ethics violations on its

12         own authority under certain circumstances;

13         clarifying that the proper sanction authority

14         in the case of a current state legislator who

15         commits an act in violation of the Ethics Code

16         prior to joining the Legislature is vested in

17         the house in which the legislator serves;

18         amending s. 914.21, F.S.; redefining the terms

19         "official proceeding" and "official

20         investigation"; extending the witness-tampering

21         laws to include Commission on Ethics

22         investigations and proceedings; repealing s.

23         112.322(9), F.S., which requires the Commission

24         on Ethics to report certain delinquent

25         financial disclosure filers to the Department

26         of Community Affairs; amending s. 440.442,

27         F.S.; transferring the filing location for

28         public financial reporting by judges of

29         compensation claims from the Secretary of State

30         to the Commission on Ethics; clarifying that

31         the Code of Judicial Conduct governs the

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  1         reporting of gifts for judges of compensation

  2         claims; repealing ss. 839.08, 839.09, 839.091,

  3         and 839.10, F.S., which provide criminal

  4         penalties for offenses by public officers and

  5         employees relating to the purchase of supplies

  6         or materials and the bidding for public work;

  7         creating s. 112.3232, F.S.; authorizing the

  8         Commission on Ethics to seek immunity for

  9         certain witnesses; creating s. 112.31905, F.S.;

10         mandating educational requirements for elected

11         public officials; amending s. 112.322, F.S.;

12         authorizing the Commission on Ethics to develop

13         and disseminate ethics training materials and

14         programs; amending s. 112.3147, F.S.;

15         authorizing the Commission on Ethics to

16         prescribe forms relating to the public official

17         education requirements; appropriating funds to

18         the Commission on Ethics; providing an

19         effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Subsections (12) and (14) of section

24  112.312, Florida Statutes, are amended to read:

25         112.312  Definitions.--As used in this part and for

26  purposes of the provisions of s. 8, Art. II of the State

27  Constitution, unless the context otherwise requires:

28         (12)(a)  "Gift," for purposes of ethics in government

29  and financial disclosure required by law, means that which is

30  accepted by a donee or by another on the donee's behalf, or

31  that which is paid or given to another for or on behalf of a

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  1  donee, directly, indirectly, or in trust for the donee's

  2  benefit or by any other means, for which equal or greater

  3  consideration is not given within 90 days, including:

  4         1.  Real property.

  5         2.  The use of real property.

  6         3.  Tangible or intangible personal property.

  7         4.  The use of tangible or intangible personal

  8  property.

  9         5.  A preferential rate or terms on a debt, loan,

10  goods, or services, which rate is below the customary rate and

11  is not either a government rate available to all other

12  similarly situated government employees or officials or a rate

13  which is available to similarly situated members of the public

14  by virtue of occupation, affiliation, age, religion, sex, or

15  national origin.

16         6.  Forgiveness of an indebtedness.

17         7.  Transportation, other than that provided to a

18  public officer or employee by an agency in relation to

19  officially approved governmental business, lodging, or

20  parking.

21         8.  Food or beverage.

22         9.  Membership dues.

23         10.  Entrance fees, admission fees, or tickets to

24  events, performances, or facilities.

25         11.  Plants, flowers, or floral arrangements.

26         12.  Services provided by persons pursuant to a

27  professional license or certificate.

28         13.  Other personal services for which a fee is

29  normally charged by the person providing the services.

30         14.  Any other similar service or thing having an

31  attributable value not already provided for in this section.

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  1         (b)  "Gift" does not include:

  2         1.  Salary, benefits, services, fees, commissions,

  3  gifts, or expenses associated primarily with the donee's

  4  employment, business, or service as an officer or director of

  5  a corporation or organization.

  6         2.  Contributions or expenditures reported pursuant to

  7  chapter 106, campaign-related personal services provided

  8  without compensation by individuals volunteering their time,

  9  or any other contribution or expenditure by a political party.

10         3.  An honorarium or an expense related to an

11  honorarium event paid to a person or the person's spouse.

12         4.  An award, plaque, certificate, or similar

13  personalized item given in recognition of the donee's public,

14  civic, charitable, or professional service.

15         5.  An honorary membership in a service or fraternal

16  organization presented merely as a courtesy by such

17  organization.

18         6.  The use of a public facility or public property,

19  made available by a governmental agency, for a public purpose.

20         7.  Transportation provided to a public officer or

21  employee by an agency in relation to officially approved

22  governmental business.

23         8.  Gifts provided directly or indirectly by a state,

24  regional, or national organization which promotes the exchange

25  of ideas between, or the professional development of,

26  governmental officials or employees, and whose membership is

27  primarily composed of elected or appointed public officials or

28  staff, to members of that organization or officials or staff

29  of a governmental agency that is a member of that

30  organization.

31

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  1         (c)  For the purposes of paragraph (a), "intangible

  2  personal property" means property as defined in s.

  3  192.001(11)(b).

  4         (d)  For the purposes of paragraph (a), the term

  5  "consideration" does not include a promise to pay or otherwise

  6  provide something of value unless the promise is in writing

  7  and enforceable through the courts.

  8         (14)  "Liability" means any monetary debt or obligation

  9  owed by the reporting person to another person, entity, or

10  governmental entity, except for credit card and retail

11  installment accounts, taxes owed unless reduced to a judgment,

12  indebtedness on a life insurance policy owed to the company of

13  issuance, contingent liabilities, or accrued income taxes on

14  net unrealized appreciation.  Each liability which is required

15  to be disclosed by s. 8, Art. II of the State Constitution

16  shall identify the name and address of the creditor.

17         Section 2.  Subsections (8) and (14) of section

18  112.313, Florida Statutes, are amended to read:

19         112.313  Standards of conduct for public officers,

20  employees of agencies, and local government attorneys.--

21         (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--A

22  current or former No public officer, employee of an agency, or

23  local government attorney may not shall disclose or use

24  information unavailable not available to members of the

25  general public and gained by reason of his or her official

26  position, except for information relating exclusively to

27  governmental practices or procedures, for his or her personal

28  gain or benefit or for the personal gain or benefit of any

29  other person or business entity.

30         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

31  PROHIBITION.--A person who has been elected to any county,

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  1  municipal, special district, or school district office may not

  2  personally represent another person or entity for compensation

  3  before the government governing body or agency of which the

  4  person was an officer for a period of 2 years after vacating

  5  that office. The provisions of this subsection shall not apply

  6  to elected officers holding office as of October 1, 1992,

  7  until after their next election, and shall not apply to

  8  elected officers of school districts holding office on January

  9  1, 1995, until after their next election.

10         Section 3.  Section 112.3144, Florida Statutes, is

11  amended to read:

12         112.3144  Full and public disclosure of financial

13  interests.--

14         (1)  A person who is required, pursuant to s. 8, Art.

15  II of the State Constitution, to file a full and public

16  disclosure of financial interests for any calendar or fiscal

17  year shall file the disclosure with the Florida Commission on

18  Ethics.

19         (2)(1)  A No person who is required, pursuant to s. 8,

20  Art. II of the State Constitution, to file a full and public

21  disclosure of financial interests and who has filed a full and

22  public disclosure of financial interests for any calendar or

23  fiscal year shall not be required to file a statement of

24  financial interests pursuant to s. 112.3145(2) and (3) for the

25  same year or for any part thereof notwithstanding any

26  requirement of this part, except that a candidate for office

27  shall file a copy of his or her disclosure with the officer

28  before whom he or she qualifies.

29         (3)(2)  For purposes of full and public disclosure

30  under s. 8(a), Art. II of the State Constitution, the

31  following items, if not held for investment purposes and if

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  1  valued at over $1,000 in the aggregate, may be reported in a

  2  lump sum and identified as "household goods and personal

  3  effects":

  4         (a)  Jewelry;

  5         (b)  Collections of stamps, guns, and numismatic

  6  properties;

  7         (c)  Art objects;

  8         (d)  Household equipment and furnishings;

  9         (e)  Clothing;

10         (f)  Other household items; and

11         (g)  Vehicles for personal use.

12         (4)(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 created provided by

17  the Commission on Ethics. The commission to the Secretary of

18  State, who shall give notice of disclosure deadlines and

19  delinquencies and 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 commission Secretary of State shall mail a copy of the

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  1  form prescribed for compliance with full and public disclosure

  2  and a notice of the filing deadline to each person on the

  3  mailing list.

  4         (c)  Not later than 30 days after July 1 of each year,

  5  the commission Secretary of State shall determine which

  6  persons on the mailing list have failed to file full and

  7  public disclosure and shall send delinquency notices by

  8  certified mail to such persons. Each notice must shall state

  9  that a grace period is in effect until September 1 of the

10  current year and that, if the statement is not filed by

11  September 1 of the current year, a $25 fine for each day late

12  will be imposed, up to a maximum penalty of $1,500; and that,

13  if upon the filing of a sworn complaint the commission finds

14  that the person has failed to timely file the statement within

15  60 days after September 1 of the current year, such person

16  will also be subject to the penalties provided in s. 112.317

17  the Secretary of State is required by law to notify the

18  Commission on Ethics of the delinquency.

19         (d)  Statements must be filed not later than 5 p.m. of

20  the due date. However, any statement that is postmarked by the

21  United States Postal Service by midnight of the due date is

22  deemed to have been filed in a timely manner, and a

23  certificate of mailing obtained from and dated by the United

24  States Postal Service at the time of the mailing, or a receipt

25  from an established courier company which bears a date on or

26  before the due date, constitutes proof of mailing in a timely

27  manner.

28         (d)  Not later than 30 days following September 1 of

29  each year, the Secretary of State shall certify to the

30  Commission on Ethics a list of the names and addresses of and

31  the offices held by all persons on the mailing list who have

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  1  failed to timely file full and public disclosure.  The

  2  certification shall be on a form prescribed by the commission

  3  and shall indicate whether the Secretary of State has provided

  4  the disclosure forms and notice as required by this section to

  5  all persons named on the delinquency list.

  6         (e)  Any person who is required to file full and public

  7  disclosure of financial interests and whose name is on the

  8  commission's mailing list but who fails to timely file is

  9  assessed a fine of $25 per day for each day late up to a

10  maximum of $1,500; however this $1,500 limitation on automatic

11  fines does not limit the civil penalty that may be imposed if

12  the statement is filed more than 60 days after the deadline

13  and a complaint is filed, as provided in s. 112.324. The

14  commission must provide by rule the grounds for waiving the

15  fine and the procedures by which each person whose name is on

16  the mailing list and who is determined to have not filed in a

17  timely manner will be notified of assessed fines and may

18  appeal. The rule must provide for and make specific the

19  following:

20         1.  The amount of the fine due is based upon the

21  earliest of the following:

22         a.  When a statement is actually received by the

23  office.

24         b.  When the statement is postmarked.

25         c.  When the certificate of mailing is dated.

26         d.  When the receipt from an established courier

27  company is dated.

28         2.  Upon receipt of the disclosure statement or upon

29  accrual of the maximum penalty, whichever occurs first, the

30  commission shall determine the amount of the fine which is due

31  and shall notify the delinquent person. The notice must

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  1  include an explanation of the appeal procedure under

  2  subparagraph 3. Such fine must be paid within 30 days after

  3  the notice of payment due is transmitted, unless appeal is

  4  made to the commission pursuant to subparagraph 3. The moneys

  5  shall be deposited into the General Revenue Fund.

  6         3.  Any reporting person may appeal or dispute a fine,

  7  based upon unusual circumstances surrounding the failure to

  8  file on the designated due date, and may request and is

  9  entitled to a hearing before the commission, which may waive

10  the fine in whole or in part for good cause shown. Any such

11  request must be made within 30 days after the notice of

12  payment due is transmitted. In such a case, the reporting

13  person must, within the 30-day period, notify the person

14  designated to review the timeliness of reports in writing of

15  his or her intention to bring the matter before the

16  commission.

17         (f)(e)  Any person subject to the annual filing of full

18  and public disclosure under s. 8, Art. II of the State

19  Constitution, or other state law, whose name is not on the

20  commission's mailing list of persons required to file full and

21  public disclosure is provided to the Secretary of State shall

22  not subject to the fines or penalties provided in this part be

23  deemed delinquent for failure to file full and public

24  disclosure in any year in which the omission occurred, but

25  nevertheless is required to file the disclosure statement.

26         (g)(f)  The notification requirements and fines of this

27  subsection do not apply to candidates or to the first filing

28  required of any person appointed to elective constitutional

29  office or other position required to file full and public

30  disclosure, unless the person's name is on the commission's

31  notification list and the person received notification from

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  1  the commission.  The appointing official shall notify such

  2  newly appointed person of the obligation to file full and

  3  public disclosure by July 1. The notification requirements and

  4  fines of this subsection do not apply to the final filing

  5  provided for in subsection (5).

  6         (h)  Notwithstanding any provision of chapter 120, any

  7  fine imposed under this subsection which is not waived by

  8  final order of the commission and which remains unpaid more

  9  than 60 days after the notice of payment due or more than 60

10  days after the commission renders a final order on the appeal

11  must be submitted to the Department of Banking and Finance as

12  a claim, debt, or other obligation owed to the state, and the

13  department shall assign the collection of such fine to a

14  collection agent as provided in s. 17.20.

15         (5)  Each person required to file full and public

16  disclosure of financial interests shall file a final

17  disclosure statement within 60 days after leaving his or her

18  public position for the period between January 1 of the year

19  in which the person leaves office and the last day of office

20  or employment, unless within the 60-day period the person

21  takes another public position requiring financial disclosure

22  under s. 8 of Art. II of the State Constitution, or is

23  otherwise required to file full and public disclosure for the

24  final disclosure period. The head of the agency of each person

25  required to file full and public disclosure for the final

26  disclosure period shall notify such persons of their

27  obligation to file the final disclosure and may designate a

28  person to be responsible for the notification requirements of

29  this subsection.

30         (6)  The commission shall adopt rules and forms

31  specifying how a person who is required to file full and

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  1  public disclosure of financial interests may amend his or her

  2  disclosure statement to report information that was not

  3  included on the form as originally filed. If the amendment is

  4  the subject of a complaint filed under this part, the

  5  commission and the proper disciplinary official or body shall

  6  consider as a mitigating factor when considering appropriate

  7  disciplinary action the fact that the amendment was filed

  8  before any complaint or other inquiry or proceeding, while

  9  recognizing that the public was deprived of access to

10  information to which it was entitled.

11         Section 4.  Section 112.3145, Florida Statutes, is

12  amended to read:

13         112.3145  Disclosure of financial interests and clients

14  represented before agencies.--

15         (1)  For purposes of this section, unless the context

16  otherwise requires, the term:

17         (a)  "Local officer" means:

18         1.  Every person who is elected to office in any

19  political subdivision of the state, and every person who is

20  appointed to fill a vacancy for an unexpired term in such an

21  elective office.

22         2.  Any appointed member of any of the following

23  boards, councils, commissions, authorities, or other bodies of

24  any county, municipality, school district, independent special

25  district, or other political subdivision of the state:

26         a.  The governing body of the political subdivision, if

27  appointed;

28         b.  An expressway authority or transportation authority

29  established by general law;

30         c.  A community college or junior college district

31  board of trustees;

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  1         d.  A board having the power to enforce local code

  2  provisions;

  3         e.  A planning or zoning board, board of adjustment,

  4  board of appeals, or other board having the power to

  5  recommend, create, or modify land planning or zoning within

  6  the political subdivision, except for citizen advisory

  7  committees, technical coordinating committees, and such other

  8  groups who only have the power to make recommendations to

  9  planning or zoning boards;

10         f.  A pension board or retirement board having the

11  power to invest pension or retirement funds or the power to

12  make a binding determination of one's entitlement to or amount

13  of a pension or other retirement benefit; or

14         g.  Any other appointed member of a local government

15  board who is required to file a statement of financial

16  interests by the appointing authority or the enabling

17  legislation, ordinance, or resolution creating the board. a

18  board; commission; authority, including any expressway

19  authority or transportation authority established by general

20  law; community college district board of trustees; or council

21  of any political subdivision of the state, excluding any

22  member of an advisory body. A governmental body with

23  land-planning, zoning, or natural resources responsibilities

24  shall not be considered an advisory body.

25         3.  Any person holding one or more of the following

26  positions: mayor; county or city manager; chief administrative

27  employee of a county, municipality, or other political

28  subdivision; county or municipal attorney; chief county or

29  municipal building inspector; county or municipal water

30  resources coordinator; county or municipal pollution control

31  director; county or municipal environmental control director;

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  1  county or municipal administrator, with power to grant or deny

  2  a land development permit; chief of police; fire chief;

  3  municipal clerk; district school superintendent; community

  4  college president; district medical examiner; or purchasing

  5  agent having the authority to make any purchase exceeding the

  6  threshold amount provided for in s. 287.017 for CATEGORY ONE,

  7  on behalf of any political subdivision of the state or any

  8  entity thereof.

  9         (b)  "Specified state employee" means:

10         1.  Public counsel created by chapter 350, an assistant

11  state attorney, an assistant public defender, a full-time

12  state employee who serves as counsel or assistant counsel to

13  any state agency, a judge of compensation claims, an

14  administrative law judge, or a hearing officer.

15         2.  Any person employed in the office of the Governor

16  or in the office of any member of the Cabinet if that person

17  is exempt from the Career Service System, except persons

18  employed in clerical, secretarial, or similar positions.

19         3.  Each appointed secretary, assistant secretary,

20  deputy secretary, executive director, assistant executive

21  director, or deputy executive director of each state

22  department, commission, board, or council; unless otherwise

23  provided, the division director, assistant division director,

24  deputy director, bureau chief, and assistant bureau chief of

25  any state department or division; or any person having the

26  power normally conferred upon such persons, by whatever title.

27         4.  The superintendent or institute director of a state

28  mental health institute established for training and research

29  in the mental health field or the superintendent or director

30  of any major state institution or facility established for

31  corrections, training, treatment, or rehabilitation.

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  1         5.  Business managers, purchasing agents having the

  2  power to make any purchase exceeding the threshold amount

  3  provided for in s. 287.017 for CATEGORY ONE, finance and

  4  accounting directors, personnel officers, or grants

  5  coordinators for any state agency.

  6         6.  Any person, other than a legislative assistant

  7  exempted by the presiding officer of the house by which the

  8  legislative assistant is employed, who is employed in the

  9  legislative branch of government, except persons employed in

10  maintenance, clerical, secretarial, or similar positions.

11         7.  Each employee of the Commission on Ethics.

12         (c)  "State officer" means:

13         1.  Any elected public officer, excluding those elected

14  to the United States Senate and House of Representatives, not

15  covered elsewhere in this part and any person who is appointed

16  to fill a vacancy for an unexpired term in such an elective

17  office.

18         2.  An appointed member of each board, commission,

19  authority, or council having statewide jurisdiction, excluding

20  a member of an advisory body.

21         3.  A member of the Board of Regents, the Chancellor

22  and Vice Chancellors of the State University System, and the

23  president of a state university.

24         (2)(a)  A person seeking nomination or election to a

25  state or local elective office shall file a statement of

26  financial interests together with, and at the same time he or

27  she files, qualifying papers.

28         (b)  Each state or local officer and each specified

29  state employee shall file a statement of financial interests

30  no later than July 1 of each year. Each state officer, local

31  officer, and specified state employee shall file a final

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  1  statement of financial interests within 60 days after leaving

  2  his or her public position for the period between January 1 of

  3  the year in which the person leaves office and the last day of

  4  office or employment, unless within the 60-day period the

  5  person takes another public position requiring financial

  6  disclosure under this section or s. 8, Art. II of the State

  7  Constitution or otherwise is required to file full and public

  8  disclosure or a statement of financial interests for the final

  9  disclosure period. Each state or local officer who is

10  appointed and each specified state employee who is employed

11  shall file a statement of financial interests within 30 days

12  from the date of appointment or, in the case of a specified

13  state employee, from the date on which the employment begins,

14  except that any person whose appointment is subject to

15  confirmation by the Senate shall file prior to confirmation

16  hearings or within 30 days from the date of appointment,

17  whichever comes first.

18         (c)  State officers, persons qualifying for a state

19  office, and specified state employees shall file their

20  statements of financial interests with the Commission on

21  Ethics Secretary of State. Local officers shall file their

22  statements of financial interests with the supervisor of

23  elections of the county in which they permanently reside.

24  Local officers who do not permanently reside in any county in

25  the state shall file their statements of financial interests

26  with the supervisor of elections of the county in which their

27  agency maintains its headquarters. Persons seeking to qualify

28  as candidates for local public office shall file their

29  statements of financial interests with the officer before whom

30  they qualify.

31

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  1         (3)  The statement of financial interests for state

  2  officers, specified state employees, local officers, and

  3  persons seeking to qualify as candidates for state or local

  4  office shall be filed even if the reporting person holds no

  5  financial interests requiring disclosure, in which case the

  6  statement shall be marked "not applicable."  Otherwise, the

  7  statement of financial interests shall include, at the filer's

  8  option, either:

  9         (a)1.  All sources of income in excess of 5 percent of

10  the gross income received during the disclosure period by the

11  person in his or her own name or by any other person for his

12  or her use or benefit, excluding public salary. However, this

13  shall not be construed to require disclosure of a business

14  partner's sources of income.  The person reporting shall list

15  such sources in descending order of value with the largest

16  source first;.

17         2.(b)  All sources of income to a business entity in

18  excess of 10 percent of the gross income of a business entity

19  in which the reporting person held a material interest and

20  from which he or she received an amount which was in excess of

21  10 percent of his or her gross income during the disclosure

22  period and which exceeds $1,500.  The period for computing the

23  gross income of the business entity is the fiscal year of the

24  business entity which ended on, or immediately prior to, the

25  end of the disclosure period of the person reporting;.

26         3.(c)  The location or description of real property in

27  this state, except for residences and vacation homes, owned

28  directly or indirectly by the person reporting, when such

29  person owns in excess of 5 percent of the value of such real

30  property, and a general description of any intangible personal

31  property worth in excess of 10 percent of such person's total

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  1  assets.  For the purposes of this paragraph, indirect

  2  ownership does not include ownership by a spouse or minor

  3  child; and.

  4         4.(d)  Every individual liability that which in sum

  5  equals more than the reporting person's net worth; or.

  6         (b)1.  All sources of gross income in excess of $2,500

  7  received during the disclosure period by the person in his or

  8  her own name or by any other person for his or her use or

  9  benefit, excluding public salary. However, this shall not be

10  construed to require disclosure of a business partner's

11  sources of income. The person reporting shall list such

12  sources in descending order of value with the largest source

13  first;

14         2.  All sources of income to a business entity in

15  excess of 10 percent of the gross income of a business entity

16  in which the reporting person held a material interest and

17  from which he or she received gross income exceeding $5,000

18  during the disclosure period. The period for computing the

19  gross income of the business entity is the fiscal year of the

20  business entity which ended on, or immediately prior to, the

21  end of the disclosure period of the person reporting;

22         3.  The location or description of real property in

23  this state, except for residence and vacation homes, owned

24  directly or indirectly by the person reporting, when such

25  person owns in excess of 5 percent of the value of such real

26  property, and a general description of any intangible personal

27  property worth in excess of $10,000. For the purpose of this

28  paragraph, indirect ownership does not include ownership by a

29  spouse or minor child; and

30         4.  Every liability in excess of $10,000.

31

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  1         (4)  Each elected constitutional officer, state

  2  officer, local officer, and specified state employee shall

  3  file a quarterly report of the names of clients represented

  4  for a fee or commission, except for appearances in ministerial

  5  matters, before agencies at his or her level of government.

  6  For the purposes of this part, agencies of government shall be

  7  classified as state-level agencies or agencies below state

  8  level.  Each local officer shall file such report with the

  9  supervisor of elections of the county in which the officer is

10  principally employed or is a resident.  Each state officer,

11  elected constitutional officer, and specified state employee

12  shall file such report with the commission Secretary of State.

13  The report shall be filed only when a reportable

14  representation is made during the calendar quarter and shall

15  be filed no later than the last day of each calendar quarter,

16  for the previous calendar 15 days after the last day of the

17  quarter.  Representation before any agency shall be deemed to

18  include representation by such officer or specified state

19  employee or by any partner or associate of the professional

20  firm of which he or she is a member and of which he or she has

21  actual knowledge.  For the purposes of this subsection, the

22  term "representation before any agency" does not include

23  appearances before any court or Chief Judges of Compensation

24  Claims or judges of compensation claims or representations on

25  behalf of one's agency in one's official capacity.  Such term

26  does not include the preparation and filing of forms and

27  applications merely for the purpose of obtaining or

28  transferring a license based on a quota or a franchise of such

29  agency or a license or operation permit to engage in a

30  profession, business, or occupation, so long as the issuance

31  or granting of such license, permit, or transfer does not

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  1  require substantial discretion, a variance, a special

  2  consideration, or a certificate of public convenience and

  3  necessity.

  4         (5)  Each elected constitutional officer and each

  5  candidate for such office, any other public officer required

  6  pursuant to s. 8, Art. II of the State Constitution to file a

  7  full and public disclosure of his or her financial interests,

  8  and each state officer, local officer, specified state

  9  employee, and candidate for elective public office who is or

10  was during the disclosure period an officer, director,

11  partner, proprietor, or agent, other than a resident agent

12  solely for service of process, of, or owns or owned during the

13  disclosure period a material interest in, any business entity

14  which is granted a privilege to operate in this state shall

15  disclose such facts as a part of the disclosure form filed

16  pursuant to s. 8, Art. II of the State Constitution or this

17  section, as applicable. The statement shall give the name,

18  address, and principal business activity of the business

19  entity and shall state the position held with such business

20  entity or the fact that a material interest is owned and the

21  nature of that interest.

22         (6)  Forms for compliance with the disclosure

23  requirements of this section and a current list of persons

24  subject to disclosure shall be created provided by the

25  commission on Ethics to the Secretary of State and provided to

26  each supervisor of elections. The commission and each

27  supervisor of elections, who shall give notice of disclosure

28  deadlines and delinquencies and distribute forms in the

29  following manner:

30         (a)1.  Not later than May 1 of each year, the

31  commission on Ethics shall prepare a current list of the names

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  1  and addresses of, and the offices or positions held by, every

  2  state officer, local officer, and specified employee. In

  3  compiling the list, the commission shall be assisted by each

  4  unit of government in providing, at the request of the

  5  commission, the name, address, and name of agency of, and the

  6  office or position held by, each state officer, local officer,

  7  or specified state employee within the respective unit of

  8  government.

  9         2.  Not later than May 15 of each year, the commission

10  shall provide the Secretary of State with a current mailing

11  list of all state officers and specified employees and shall

12  provide each supervisor of elections with a current mailing

13  list of all local officers required to file with such

14  supervisor of elections.

15         (b)  Not later than 30 days before July 1 of each year,

16  the commission Secretary of State and each supervisor of

17  elections, as appropriate, shall mail a copy of the form

18  prescribed for compliance with subsection (3) and a notice of

19  all applicable disclosure forms and filing deadlines to each

20  person required to file a statement of financial interests.

21         (c)  Not later than 30 days after July 1 of each year,

22  the commission Secretary of State and each supervisor of

23  elections shall determine which persons required to file a

24  statement of financial interests in their respective offices

25  have failed to do so and shall send delinquency notices by

26  certified mail to such persons.  Each notice shall state that

27  a grace period is in effect until September 1 of the current

28  year; that no investigative or disciplinary action based upon

29  the delinquency will be taken by the agency head or commission

30  on Ethics if the statement is filed by September 1 of the

31  current year; that, if the statement is not filed by September

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  1  1 of the current year, a fine of $25 for each day late will be

  2  imposed, up to a maximum penalty of $1,500; for notices sent

  3  by a supervisor of elections, that he or she is required by

  4  law to notify the commission on Ethics of the delinquency; and

  5  that, if upon the filing of a sworn complaint the commission

  6  finds that the person has failed to timely file the statement

  7  within 60 days after by September 1 of the current year, such

  8  person will also shall be subject to the penalties provided in

  9  s. 112.317.

10         (d)  No later than November 15 of each year Not later

11  than 30 days following September 1 of each year, the Secretary

12  of State and the supervisor of elections in each county shall

13  certify to the commission on Ethics a list of the names and

14  addresses of, and the offices or positions held by, all

15  persons who have failed to timely file the required statements

16  of financial interests.  The certification must include the

17  earliest of the dates described in subparagraph (f)1. The

18  certification shall be on a form prescribed by the commission

19  and shall indicate whether the supervisor of elections

20  respective certifying official has provided the disclosure

21  forms and notice as required by this subsection to all persons

22  named on the delinquency list.

23         (e)  Statements must be filed not later than 5 p.m. of

24  the due date. However, any statement that is postmarked by the

25  United States Postal Service by midnight of the due date is

26  deemed to have been filed in a timely manner, and a

27  certificate of mailing obtained from and dated by the United

28  States Postal Service at the time of the mailing, or a receipt

29  from an established courier company which bears a date on or

30  before the due date, constitutes proof of mailing in a timely

31  manner.

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  1         (f)  Any person who is required to file a statement of

  2  financial interests and whose name is on the commission's

  3  mailing list but who fails to timely file is assessed a fine

  4  of $25 per day for each day late up to a maximum of $1,500;

  5  however, this $1,500 limitation on automatic fines does not

  6  limit the civil penalty that may be imposed if the statement

  7  is filed more than 60 days after the deadline and a complaint

  8  is filed, as provided in s. 112.324. The commission must

  9  provide by rule the grounds for waiving the fine and

10  procedures by which each person whose name is on the mailing

11  list and who is determined to have not filed in a timely

12  manner will be notified of assessed fines and may appeal. The

13  rule must provide for and make specific the following:

14         1.  The amount of the fine due is based upon the

15  earliest of the following:

16         a.  When a statement is actually received by the

17  office.

18         b.  When the statement is postmarked.

19         c.  When the certificate of mailing is dated.

20         d.  When the receipt from an established courier

21  company is dated.

22         2.  For a specified state employee or a state officer,

23  upon receipt of the disclosure statement by the commission or

24  upon accrual of the maximum penalty, whichever occurs first,

25  and for a local officer upon receipt by the commission of the

26  certification from the local officer's supervisor of elections

27  pursuant to paragraph (d), the commission shall determine the

28  amount of the fine which is due and shall notify the

29  delinquent person. The notice must include an explanation of

30  the appeal procedure under subparagraph 3. The fine must be

31  paid within 30 days after the notice of payment due is

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  1  transmitted, unless appeal is made to the commission pursuant

  2  to subparagraph 3. The moneys are to be deposited into the

  3  General Revenue Fund.

  4         3.  Any reporting person may appeal or dispute a fine,

  5  based upon unusual circumstances surrounding the failure to

  6  file on the designated due date, and may request and is

  7  entitled to a hearing before the commission, which may waive

  8  the fine in whole or in part for good cause shown. Any such

  9  request must be made within 30 days after the notice of

10  payment due is transmitted. In such a case, the reporting

11  person must, within the 30-day period, notify the person

12  designated to review the timeliness of reports in writing of

13  his or her intention to bring the matter before the

14  commission.

15         (g)(e)  Any state officer, local officer, or specified

16  employee whose name is not on the mailing list of persons

17  required to file an annual statement of financial interests

18  provided to the Secretary of State or supervisor of elections

19  is not subject to the penalties provided in s. 112.317 or the

20  fine provided in this section for failure to timely file a

21  statement of financial interests in any year in which the

22  omission occurred, but nevertheless is required to file the

23  disclosure statement.

24         (h)(f)  The notification requirements and fines of this

25  subsection do not apply to candidates or to the first or final

26  filing required of any state officer, specified employee, or

27  local officer as provided in paragraph (2)(b).

28         (i)  Notwithstanding any provision of chapter 120, any

29  fine imposed under this subsection which is not waived by

30  final order of the commission and which remains unpaid more

31  than 60 days after the notice of payment due or more than 60

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  1  days after the commission renders a final order on the appeal

  2  must be submitted to the Department of Banking and Finance as

  3  a claim, debt, or other obligation owed to the state, and the

  4  department shall assign the collection of such a fine to a

  5  collection agent as provided in s. 17.20.

  6         (7)(a)  The appointing official or body shall notify

  7  each newly appointed local officer, state officer, or

  8  specified state employee, not later than the date of

  9  appointment, of the officer's or employee's duty to comply

10  with the disclosure requirements of this section. The agency

11  head of each employing agency shall notify each newly employed

12  local officer or specified state employee, not later than the

13  day of employment, of the officer's or employee's duty to

14  comply with the disclosure requirements of this section. The

15  appointing official or body or employing agency head may

16  designate a person to be responsible for the notification

17  requirements of this paragraph section.

18         (b)  The agency head of the agency of each local

19  officer, state officer, or specified state employee who is

20  required to file a statement of financial interests for the

21  final disclosure period shall notify such persons of their

22  obligation to file the final disclosure and may designate a

23  person to be responsible for the notification requirements of

24  this paragraph.

25         (8)  A public officer who has filed a disclosure for

26  any calendar or fiscal year shall not be required to file a

27  second disclosure for the same year or any part thereof,

28  notwithstanding any requirement of this act, except that any

29  public officer who qualifies as a candidate for public office

30  shall file a copy of the disclosure with the officer before

31

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  1  whom he or she qualifies as a candidate at the time of

  2  qualification.

  3         (9)  The commission shall adopt rules and forms

  4  specifying how a state officer, local officer, or specified

  5  state employee may amend his or her statement of financial

  6  interests to report information that was not included on the

  7  form as originally filed. If the amendment is the subject of a

  8  complaint filed under this part, the commission and the proper

  9  disciplinary official or body shall consider as a mitigating

10  factor when considering appropriate disciplinary action the

11  fact that the amendment was filed before any complaint or

12  other inquiry or proceeding, while recognizing that the public

13  was deprived of access to information to which it was

14  entitled.

15         Section 5.  Section 112.3148, Florida Statutes, is

16  amended to read:

17         112.3148  Reporting and prohibited receipt of gifts by

18  individuals filing full or limited public disclosure of

19  financial interests and by procurement employees.--

20         (1)  The provisions of this section do not apply to

21  gifts solicited or accepted by a reporting individual or

22  procurement employee from a relative.

23         (2)  As used in this section:

24         (a)  "Immediate family" means any parent, spouse,

25  child, or sibling.

26         (b)1.  "Lobbyist" means any natural person who, for

27  compensation, seeks, or sought during the preceding 12 months,

28  to influence the governmental decisionmaking of a reporting

29  individual or procurement employee or his or her agency or

30  seeks, or sought during the preceding 12 months, to encourage

31  the passage, defeat, or modification of any proposal or

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  1  recommendation by the reporting individual or procurement

  2  employee or his or her agency.

  3         2.  With respect to an agency that has established by

  4  rule, ordinance, or law a registration process for persons

  5  seeking to influence decisionmaking or to encourage the

  6  passage, defeat, or modification of any proposal or

  7  recommendation by such agency or an employee or official of

  8  the agency, the term "lobbyist" includes only a person who is

  9  required to be registered as a lobbyist in accordance with

10  such rule, ordinance, or law or who was during the preceding

11  12 months required to be registered as a lobbyist in

12  accordance with such rule, ordinance, or law. At a minimum,

13  such a registration system must require the registration of,

14  or must designate, persons as "lobbyists" who engage in the

15  same activities as require registration to lobby the

16  Legislature pursuant to s. 11.045.

17         (c)  "Person" includes individuals, firms,

18  associations, joint ventures, partnerships, estates, trusts,

19  business trusts, syndicates, fiduciaries, corporations, and

20  all other groups or combinations.

21         (d)  "Reporting individual" means any individual,

22  including a candidate upon qualifying, who is required by law,

23  pursuant to s. 8, Art. II of the State Constitution or s.

24  112.3145, to file full or limited public disclosure of his or

25  her financial interests or any individual who has been elected

26  to, but has yet to officially assume the responsibilities of,

27  public office. For purposes of implementing this section, the

28  "agency" of a reporting individual who is not an officer or

29  employee in public service is the agency to which the

30  candidate seeks election, or in the case of an individual

31

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  1  elected to but yet to formally take office, the agency in

  2  which the individual has been elected to serve.

  3         (e)  "Procurement employee" means any employee of an

  4  officer, department, board, commission, or council of the

  5  executive branch or judicial branch of state government who

  6  participates through decision, approval, disapproval,

  7  recommendation, preparation of any part of a purchase request,

  8  influencing the content of any specification or procurement

  9  standard, rendering of advice, investigation, or auditing or

10  in any other advisory capacity in the procurement of

11  contractual services or commodities as defined in s. 287.012,

12  if the cost of such services or commodities exceeds $1,000 in

13  any year.

14         (3)  A reporting individual or procurement employee is

15  prohibited from soliciting any gift from a political committee

16  or committee of continuous existence, as defined in s.

17  106.011, or from a lobbyist who lobbies the reporting

18  individual's or procurement employee's agency, or the partner,

19  firm, employer, or principal of such lobbyist, where such gift

20  is for the personal benefit of the reporting individual or

21  procurement employee, another reporting individual or

22  procurement employee, or any member of the immediate family of

23  a reporting individual or procurement employee.

24         (4)  A reporting individual or procurement employee or

25  any other person on his or her behalf is prohibited from

26  knowingly accepting, directly or indirectly, a gift from a

27  political committee or committee of continuous existence, as

28  defined in s. 106.011, or from a lobbyist who lobbies the

29  reporting individual's or procurement employee's agency, or

30  directly or indirectly on behalf of the partner, firm,

31  employer, or principal of a lobbyist, if he or she knows or

                                  30

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  1  reasonably believes that the gift has a value in excess of

  2  $100; however, such a gift may be accepted by such person on

  3  behalf of a governmental entity or a charitable organization.

  4  If the gift is accepted on behalf of a governmental entity or

  5  charitable organization, the person receiving the gift shall

  6  not maintain custody of the gift for any period of time beyond

  7  that reasonably necessary to arrange for the transfer of

  8  custody and ownership of the gift.

  9         (5)(a)  A political committee or a committee of

10  continuous existence, as defined in s. 106.011; a lobbyist who

11  lobbies a reporting individual's or procurement employee's

12  agency; the partner, firm, employer, or principal of a

13  lobbyist; or another on behalf of the lobbyist or partner,

14  firm, principal, or employer of the lobbyist is prohibited

15  from giving, either directly or indirectly, a gift that has a

16  value in excess of $100 to the reporting individual or

17  procurement employee or any other person on his or her behalf;

18  however, such person may give a gift having a value in excess

19  of $100 to a reporting individual or procurement employee if

20  the gift is intended to be transferred to a governmental

21  entity or a charitable organization.

22         (b)  However, a person who is regulated by this

23  subsection, who is not regulated by subsection (6), and who

24  makes, or directs another to make, an individual gift having a

25  value in excess of $25, but not in excess of $100, other than

26  a gift which the donor knows will be accepted on behalf of a

27  governmental entity or charitable organization, must file a

28  report on the last day of each calendar quarter, for the

29  previous calendar quarter in which a reportable gift is made.

30  The report shall be filed with the Commission on Ethics

31  Secretary of State, except with respect to gifts to reporting

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  1  individuals of the legislative branch, in which case the

  2  report shall be filed with the Division of Legislative

  3  Information Services in the Office of Legislative Services.

  4  The report must contain a description of each gift, the

  5  monetary value thereof, the name and address of the person

  6  making such gift, the name and address of the recipient of the

  7  gift, and the date such gift is given.  In addition, when a

  8  gift is made which requires the filing of a report under this

  9  subsection, the donor must notify the intended recipient at

10  the time the gift is made that the donor, or another on his or

11  her behalf, will report the gift under this subsection.  Under

12  this paragraph, a gift need not be reported by more than one

13  person or entity.

14         (6)(a)  Notwithstanding the provisions of subsection

15  (5), an entity of the legislative or judicial branch, a

16  department or commission of the executive branch, a water

17  management district created pursuant to s. 373.069, Tri-County

18  Commuter Rail Authority, a county, a municipality, an airport

19  authority, or a school board may give, either directly or

20  indirectly, a gift having a value in excess of $100 to any

21  reporting individual or procurement employee if a public

22  purpose can be shown for the gift; and a direct-support

23  organization specifically authorized by law to support a

24  governmental entity may give such a gift to a reporting

25  individual or procurement employee who is an officer or

26  employee of such governmental entity.

27         (b)  Notwithstanding the provisions of subsection (4),

28  a reporting individual or procurement employee may accept a

29  gift having a value in excess of $100 from an entity of the

30  legislative or judicial branch, a department or commission of

31  the executive branch, a water management district created

                                  32

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  1  pursuant to s. 373.069, Tri-County Commuter Rail Authority, a

  2  county, a municipality, an airport authority, or a school

  3  board if a public purpose can be shown for the gift; and a

  4  reporting individual or procurement employee who is an officer

  5  or employee of a governmental entity supported by a

  6  direct-support organization specifically authorized by law to

  7  support such governmental entity may accept such a gift from

  8  such direct-support organization.

  9         (c)  No later than March 1 of each year, each

10  governmental entity or direct-support organization

11  specifically authorized by law to support a governmental

12  entity which has given a gift to a reporting individual or

13  procurement employee under paragraph (a) shall provide the

14  reporting individual or procurement employee with a statement

15  of each gift having a value in excess of $100 given to such

16  reporting individual or procurement employee by the

17  governmental entity or direct-support organization during the

18  preceding calendar year.  Such report shall contain a

19  description of each gift, the date on which the gift was

20  given, and the value of the total gifts given by the

21  governmental entity or direct-support organization to the

22  reporting individual or procurement employee during the

23  calendar year for which the report is made.  A governmental

24  entity may provide a single report to the reporting individual

25  or procurement employee of gifts provided by the governmental

26  entity and any direct-support organization specifically

27  authorized by law to support such governmental entity.

28         (d)  No later than July 1 of each year, each reporting

29  individual or procurement employee shall file a statement

30  listing each gift having a value in excess of $100 received by

31  the reporting individual or procurement employee, either

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  1  directly or indirectly, from a governmental entity or a

  2  direct-support organization specifically authorized by law to

  3  support a governmental entity.  The statement shall list the

  4  name of the person providing the gift, a description of the

  5  gift, the date or dates on which the gift was given, and the

  6  value of the total gifts given during the calendar year for

  7  which the report is made.  The reporting individual or

  8  procurement employee shall attach to such statement any report

  9  received by him or her in accordance with paragraph (c), which

10  report shall become a public record when filed with the

11  statement of the reporting individual or procurement employee.

12  The reporting individual or procurement employee may explain

13  any differences between the report of the reporting individual

14  or procurement employee and the attached reports.  The annual

15  report filed by a reporting individual shall be filed with the

16  financial disclosure statement required by either s. 8, Art.

17  II of the State Constitution or s. 112.3145, as applicable to

18  the reporting individual.  The annual report filed by a

19  procurement employee shall be filed with the Commission on

20  Ethics Department of State.

21         (7)(a)  The value of a gift provided to a reporting

22  individual or procurement employee shall be its fair market

23  value determined using actual cost to the donor, less taxes

24  and gratuities, except as otherwise provided in this

25  subsection, and, with respect to personal services provided by

26  the donor, the reasonable and customary charge regularly

27  charged for such service in the community in which the service

28  is provided shall be used.  If additional expenses are

29  required as a condition precedent to eligibility of the donor

30  to purchase or provide a gift and such expenses are primarily

31  for the benefit of the donor or are of a charitable nature,

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  1  such expenses shall not be included in determining the value

  2  of the gift.

  3         (b)  Compensation provided by the donee to the donor,

  4  if provided within 90 days after receipt of the gift, shall be

  5  deducted from the value of the gift in determining the value

  6  of the gift.

  7         (c)  If the actual gift value attributable to

  8  individual participants at an event cannot be determined, the

  9  total costs shall be prorated among all invited persons,

10  whether or not they are reporting individuals or procurement

11  employees.

12         (d)  Transportation shall be valued on a round-trip

13  basis unless only one-way transportation is provided.

14  Round-trip transportation expenses shall be considered a

15  single gift. Transportation provided in a private conveyance

16  shall be given the same value as transportation provided in a

17  comparable commercial conveyance.

18         (e)  Lodging provided on consecutive days shall be

19  considered a single gift.  Lodging in a private residence

20  shall be valued at the per diem rate provided in s.

21  112.061(6)(a)1. less the meal allowance rate provided in s.

22  112.061(6)(b).

23         (f)  Food and beverages which are not consumed at a

24  single sitting or meal and which are provided on the same

25  calendar day shall be considered a single gift, and the total

26  value of all food and beverages provided on that date shall be

27  considered the value of the gift.  Food and beverage consumed

28  at a single sitting or meal shall be considered a single gift

29  and the value of the food and beverage provided at that

30  sitting or meal shall be considered the value of the gift.

31

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  1         (g)  Membership dues paid to the same organization

  2  during any 12-month period shall be considered a single gift.

  3         (h)  Entrance fees, admission fees, or tickets shall be

  4  valued on the face value of the ticket or fee, or on a daily

  5  or per event basis, whichever is greater.

  6         (i)  Except as otherwise specified in this section, a

  7  gift shall be valued on a per occurrence basis.

  8         (j)  The value of a gift provided to several

  9  individuals may be attributed on a pro rata basis among all of

10  the individuals. If the gift is food, beverage, entertainment,

11  or similar items, provided at a function for more than 10

12  people, the value of the gift to each individual shall be the

13  total value of the items provided divided by the number of

14  persons invited to the function, unless the items are

15  purchased on a per person basis, in which case the value of

16  the gift to each person is the per person cost.

17         (k)  The value of a gift of an admission ticket shall

18  not include that portion of the cost which represents a

19  charitable contribution, if the gift is provided by the

20  charitable organization.

21         (8)(a)  Each reporting individual or procurement

22  employee shall file a statement with the Commission on Ethics

23  Secretary of State on the last day of each calendar quarter,

24  for the previous calendar quarter, containing a list of gifts

25  which he or she believes to be in excess of $100 in value, if

26  any, accepted by him or her, for which compensation was not

27  provided by the donee to the donor within 90 days of receipt

28  of the gift to reduce the value to $100 or less, except the

29  following:

30         1.  Gifts from relatives.

31

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  1         2.  Gifts prohibited by subsection (4) or s.

  2  112.313(4).

  3         3.  Gifts otherwise required to be disclosed by this

  4  section.

  5         (b)  The statement shall include:

  6         1.  A description of the gift, the monetary value of

  7  the gift, the name and address of the person making the gift,

  8  and the dates thereof.  If any of these facts, other than the

  9  gift description, are unknown or not applicable, the report

10  shall so state.

11         2.  A copy of any receipt for such gift provided to the

12  reporting individual or procurement employee by the donor.

13         (c)  The statement may include an explanation of any

14  differences between the reporting individual's or procurement

15  employee's statement and the receipt provided by the donor.

16         (d)  The reporting individual's or procurement

17  employee's statement shall be sworn to by such person as being

18  a true, accurate, and total listing of all such gifts.

19         (e)  If a reporting individual or procurement employee

20  has not received any gifts described in paragraph (a) during a

21  calendar quarter, he or she is not required to file a

22  statement under this subsection for that calendar quarter.

23         (9)  A person, other than a lobbyist regulated under s.

24  11.045, who violates the provisions of subsection (5) commits

25  a noncriminal infraction, punishable by a fine of not more

26  than $5,000 and by a prohibition on lobbying, or employing a

27  lobbyist to lobby, before the agency of the reporting

28  individual or procurement employee to which the gift was given

29  in violation of subsection (5), for a period of not more than

30  24 months.  The state attorney, or an agency, if otherwise

31  authorized, may initiate an action to impose or recover a fine

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  1  authorized under this section or to impose or enforce a

  2  limitation on lobbying provided in this section.

  3         (10)  A member of the Legislature may request an

  4  advisory opinion from the general counsel of the house of

  5  which he or she is a member as to the application of this

  6  section to a specific situation.  The general counsel shall

  7  issue the opinion within 10 days after receiving the request.

  8  The member of the Legislature may reasonably rely on such

  9  opinion.

10         Section 6.  Subsection (6) of section 112.3149, Florida

11  Statutes, is amended to read:

12         112.3149  Solicitation and disclosure of honoraria.--

13         (6)  A reporting individual or procurement employee who

14  receives payment or provision of expenses related to any

15  honorarium event from a person who is prohibited by subsection

16  (4) from paying an honorarium to a reporting individual or

17  procurement employee shall publicly disclose on an annual

18  statement the name, address, and affiliation of the person

19  paying or providing the expenses; the amount of the honorarium

20  expenses; the date of the honorarium event; a description of

21  the expenses paid or provided on each day of the honorarium

22  event; and the total value of the expenses provided to the

23  reporting individual or procurement employee in connection

24  with the honorarium event.  The annual statement of honorarium

25  expenses shall be filed by July 1 of each year for such

26  expenses received during the previous calendar year. The

27  reporting individual or procurement employee shall attach to

28  the annual statement a copy of each statement received by him

29  or her in accordance with subsection (5) regarding honorarium

30  expenses paid or provided during the calendar year for which

31  the annual statement is filed.  Such attached statement shall

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  1  become a public record upon the filing of the annual report.

  2  The annual statement of a reporting individual shall be filed

  3  with the financial disclosure statement required by either s.

  4  8, Art. II of the State Constitution or s. 112.3145, as

  5  applicable to the reporting individual. The annual statement

  6  of a procurement employee shall be filed with the Commission

  7  on Ethics Department of State.

  8         Section 7.  Subsections (1), (2), (6), (7), and (8) of

  9  section 112.317, Florida Statutes, are amended to read:

10         112.317  Penalties.--

11         (1)  Violation of any provision of this part,

12  including, but not limited to, any failure to file any

13  disclosures required by this part or violation of any standard

14  of conduct imposed by this part, or violation of any provision

15  of s. 8, Art. II of the State Constitution, in addition to any

16  criminal penalty or other civil penalty involved, shall,

17  pursuant to applicable constitutional and statutory

18  procedures, constitute grounds for, and may be punished by,

19  one or more of the following:

20         (a)  In the case of a public officer:

21         1.  Impeachment.

22         2.  Removal from office.

23         3.  Suspension from office.

24         4.  Public censure and reprimand.

25         5.  Forfeiture of no more than one-third salary per

26  month for no more than 12 months.

27         6.  A civil penalty not to exceed $10,000.

28         7.  Restitution of any pecuniary benefits received

29  because of the violation committed. The commission may

30  recommend that the restitution penalty be paid to the agency

31

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  1  of which the public officer was a member or to the General

  2  Revenue Fund of the state.

  3         (b)  In the case of an employee or a person designated

  4  as a public officer by this part who otherwise would be deemed

  5  to be an employee:

  6         1.  Dismissal from employment.

  7         2.  Suspension from employment for not more than 90

  8  days without pay.

  9         3.  Demotion.

10         4.  Reduction in salary level.

11         5.  Forfeiture of no more than one-third salary per

12  month for no more than 12 months.

13         6.  A civil penalty not to exceed $10,000.

14         7.  Restitution of any pecuniary benefits received

15  because of the violation committed. The commission may

16  recommend that the restitution penalty be paid to the agency

17  by which such employee was employed or by which such officer

18  was deemed to be an employee or to the General Revenue Fund of

19  the state.

20         8.  Public censure and reprimand.

21         (c)  In the case of a candidate who violates the

22  provisions of this part or s. 8(a) and (h), Art. II of the

23  State Constitution:

24         1.  Disqualification from being on the ballot.

25         2.  Public censure.

26         3.  Reprimand.

27         4.  A civil penalty not to exceed $10,000.

28         (d)  In the case of a former public officer or employee

29  who has violated a provision applicable to former officers or

30  employees or whose violation occurred prior to such officer's

31  or employee's leaving public office or employment:

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  1         1.  Public censure and reprimand.

  2         2.  A civil penalty not to exceed $10,000.

  3         3.  Restitution of any pecuniary benefits received

  4  because of the violation committed. The commission may

  5  recommend that the restitution penalty be paid to the agency

  6  of such public officer or employee or the General Revenue Fund

  7  of the state.

  8         (2)  In any case in which the commission finds a

  9  violation of this part or of s. 8, Art. II of the State

10  Constitution and the proper disciplinary official or body

11  under s. 112.324 imposes recommends a civil penalty or

12  restitution penalty, the Attorney General shall bring a civil

13  action to recover such penalty.  No defense may be raised in

14  the civil action to enforce the civil penalty or order of

15  restitution that could have been raised by judicial review of

16  the administrative findings and recommendations of the

17  commission by certiorari to the district court of appeal. The

18  Attorney General shall be entitled to collect any costs,

19  attorney's fees, expert witness fees, or other costs of

20  collection incurred in bringing such actions.

21         (6)  Any person who willfully discloses, or permits to

22  be disclosed, his or her intention to file a complaint, the

23  existence or contents of a complaint which has been filed with

24  the commission, or any document, action, or proceeding in

25  connection with a confidential preliminary investigation of

26  the commission, before such complaint, document, action, or

27  proceeding becomes a public record as provided herein commits

28  a misdemeanor of the first degree, punishable as provided in

29  s. 775.082 or s. 775.083.

30         (6)(7)  In any case in which the commission finds

31  probable cause to believe that a complainant has committed

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  1  perjury in regard to any document filed with, or any testimony

  2  given before, the commission, it shall refer such evidence to

  3  the appropriate law enforcement agency for prosecution and

  4  taxation of costs.

  5         (7)(8)  In any case in which the commission determines

  6  that a person has filed a complaint against a public officer

  7  or employee with a malicious intent to injure the reputation

  8  of such officer or employee by filing the complaint with

  9  knowledge that the complaint contains one or more false

10  allegations or with reckless disregard for whether the

11  complaint contains false allegations of fact material to a

12  violation of this part, the complainant shall be liable for

13  costs plus reasonable attorney's fees incurred in the defense

14  of the person complained against, including the costs and

15  reasonable attorney's fees incurred in proving entitlement to

16  and the amount of costs and fees. If the complainant fails to

17  pay such costs and fees voluntarily within 30 days following

18  such finding by the commission, the commission shall forward

19  such information to the Department of Legal Affairs, which

20  shall bring a civil action in a court of competent

21  jurisdiction to recover the amount of such costs and fees

22  awarded by the commission.

23         Section 8.  Section 112.3185, Florida Statutes, is

24  amended to read:

25         112.3185  Additional standards for state agency

26  employees Contractual services.--

27         (1)  For the purposes of this section:

28         (a)  "Contractual services" shall be defined as set

29  forth in chapter 287.

30         (b)  "Agency" means any state officer, department,

31  board, commission, or council of the executive or judicial

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  1  branch of state government and includes the Public Service

  2  Commission.

  3         (2)  No agency employee who participates through

  4  decision, approval, disapproval, recommendation, preparation

  5  of any part of a purchase request, influencing the content of

  6  any specification or procurement standard, rendering of

  7  advice, investigation, or auditing or in any other advisory

  8  capacity in the procurement of contractual services shall

  9  become or be, while an agency employee, the employee of a

10  person contracting with the agency by whom the employee is

11  employed.

12         (3)  No agency employee shall, after retirement or

13  termination, have or hold any employment or contractual

14  relationship with any business entity other than an agency in

15  connection with any contract in which the agency employee

16  participated personally and substantially through decision,

17  approval, disapproval, recommendation, rendering of advice, or

18  investigation while an officer or employee.

19         (4)  No agency employee shall, within 2 years after

20  retirement or termination, have or hold any employment or

21  contractual relationship with any business entity other than

22  an agency in connection with any contract for contractual

23  services which was within his or her responsibility while an

24  employee.

25         (5)  The sum of money paid to a former agency employee

26  during the first year after the cessation of his or her

27  responsibilities, by the agency with whom he or she was

28  employed, for contractual services provided to the agency,

29  shall not exceed the annual salary received on the date of

30  cessation of his or her responsibilities. The provisions of

31  this subsection may be waived by the agency head for a

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  1  particular contract if the agency head determines that such

  2  waiver will result in significant time or cost savings for the

  3  state.

  4         (6)  No agency employee acting in an official capacity

  5  shall directly or indirectly procure contractual services for

  6  his or her own agency from any business entity of which a

  7  relative is an officer, partner, director, or proprietor or in

  8  which such officer or employee or his or her spouse or child,

  9  or any combination of them, has a material interest.

10         (7)  No agency employee shall, after retirement or

11  termination, represent or advise another person or entity,

12  except the state, in any matter in which the employee

13  participated personally and substantially in his or her

14  official capacity through decision, approval, disapproval,

15  recommendation, rendering of advice, investigation, or

16  otherwise while an employee. The term "matter" includes any

17  judicial or other proceeding, application, request for a

18  ruling or other determination, contract, claim, controversy,

19  investigation, charge, accusation, arrest, or other particular

20  action involving a specific party or parties.

21         (8)(7)  A violation of any provision of this section is

22  punishable in accordance with s. 112.317.

23         (9)(8)  This section is not applicable to any employee

24  of the Public Service Commission who was so employed on or

25  before December 31, 1994.

26         Section 9.  Section 112.324, Florida Statutes, is

27  amended to read:

28         112.324  Procedures on complaints of violations.--

29         (1)  Upon a written complaint executed on a form

30  prescribed by the commission and signed under oath or

31  affirmation by any person, The commission shall investigate

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  1  any alleged violation of this part or any other alleged breach

  2  of the public trust within the jurisdiction of the commission

  3  as provided in s. 8(f), Art. II of the State Constitution in

  4  accordance with procedures set forth herein:.

  5         (a)  Upon a written complaint executed on a form

  6  prescribed by the commission and signed under oath or

  7  affirmation by any person;

  8         (b)  Upon receipt of reliable and publicly disseminated

  9  information which at least seven of the members of the

10  commission deem sufficient to indicate a breach of the public

11  trust, provided that commission staff shall undertake no

12  formal investigation other than collecting publicly

13  disseminated information prior to a determination of

14  sufficiency by at least seven members of the commission; or

15         (c)  Upon receipt of a written referral of a possible

16  violation of this part or other possible breach of the public

17  trust from the Governor, the Comptroller, a State Attorney,

18  the Executive Director of the Department of Law Enforcement,

19  or the Statewide Prosecutor, which at least seven of the

20  members of the commission deem sufficient to indicate a breach

21  of the public trust.

22

23  Within 5 days after receipt of a complaint by the commission

24  or after determination by the commission that the information

25  or referral received is deemed sufficient, a copy shall be

26  transmitted to the alleged violator. All proceedings, the

27  complaint, and other records relating to the preliminary

28  investigation as provided herein, or as provided by a

29  Commission on Ethics and Public Trust established by any

30  county defined in s. 125.011(1), shall be confidential and

31  exempt from the provisions of s. 119.07(1), and s. 24(a), Art.

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  1  I of the State Constitution, either until the alleged violator

  2  requests in writing that such investigation and records be

  3  made public records or the preliminary investigation is

  4  completed, notwithstanding any provision of chapter 120 or s.

  5  286.011 and s. 24(b), Art. I of the State Constitution. The

  6  confidentiality requirements of this section shall not

  7  prohibit the commission or its staff from sharing

  8  investigative information with criminal investigative

  9  agencies. In no event shall a complaint under this part

10  against a candidate in any general, special, or primary

11  election be filed or any intention of filing such a complaint

12  be disclosed on the day of any such election or within the 5

13  days immediately preceding the date of the election. The

14  confidentiality provisions of this subsection are is repealed

15  October 2, 2002, and must be reviewed by the Legislature

16  before that date in accordance with s. 119.15, the Open

17  Government Sunset Review Act of 1995.

18         (2)  A preliminary investigation shall be undertaken by

19  the commission of each legally sufficient complaint,

20  information, or referral over which the commission has

21  jurisdiction to determine whether there is probable cause to

22  believe that a violation has occurred. If, upon completion of

23  the preliminary investigation, the commission finds no

24  probable cause to believe that this part has been violated or

25  that any other breach of the public trust has been committed,

26  the commission shall dismiss the complaint or proceeding with

27  the issuance of a public report to the complainant and the

28  alleged violator, stating with particularity its reasons for

29  dismissal of the complaint. At that time, the complaint, the

30  proceeding, and all materials relating to the complaint and

31  proceeding shall become a matter of public record. If the

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  1  commission finds from the preliminary investigation probable

  2  cause to believe that this part has been violated or that any

  3  other breach of the public trust has been committed, it shall

  4  so notify the complainant and the alleged violator in writing.

  5  Such notification and all documents made or received in the

  6  disposition of the complaint or proceeding shall then become

  7  public records. Upon request submitted to the commission in

  8  writing, any person who the commission finds probable cause to

  9  believe has violated any provision of this part or has

10  committed any other breach of the public trust shall be

11  entitled to a public hearing.  Such person shall be deemed to

12  have waived the right to a public hearing if the request is

13  not received within 14 days following the mailing of the

14  probable cause notification required by this subsection.

15  However, the commission may on its own motion, require a

16  public hearing, may conduct such further investigation as it

17  deems necessary, and may enter into such stipulations and

18  settlements as it finds to be just and in the best interest of

19  the State.  The commission is without jurisdiction to, and no

20  respondent may voluntarily or involuntarily, enter into a

21  stipulation or settlement which imposes any penalty,

22  including, but not limited to, a sanction or admonition or any

23  other penalty contained in s. 112.317. Penalties shall be

24  imposed only by the appropriate disciplinary authority as

25  designated in this section.

26         (3)  If, in cases pertaining to current members of the

27  Legislature, upon completion of a full and final investigation

28  by the commission, the commission finds that there has been a

29  violation of this part or of any provision of s. 8, Art. II of

30  the State Constitution, irrespective of whether the violative

31  act or omission occurred before or during the current member's

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  1  term of office, the commission shall forward a copy of the

  2  complaint, information, or referral and its findings by

  3  certified mail to the President of the Senate or the Speaker

  4  of the House of Representatives, whichever is applicable, who

  5  shall refer the matter complaint to the appropriate committee

  6  for investigation and action which shall be governed by the

  7  rules of its respective house. It shall be the duty of the

  8  committee to report its final action upon the matter complaint

  9  to the commission within 90 days of the date of transmittal to

10  the respective house.  Upon request of the committee, the

11  commission shall submit a recommendation as to what penalty,

12  if any, should be imposed.  In the case of a member of the

13  Legislature, the house in which the member serves shall have

14  the power to invoke the penalty provisions of this part.

15         (4)  If, in cases pertaining to complaints or

16  proceedings against impeachable officers, upon completion of a

17  full and final investigation by the commission, the commission

18  finds that there has been a violation of this part or of any

19  provision of s. 8, Art. II of the State Constitution, and the

20  commission finds that the violation may constitute grounds for

21  impeachment, the commission shall forward a copy of the

22  complaint, information, or referral and its findings by

23  certified mail to the Speaker of the House of Representatives,

24  who shall refer the matter complaint to the appropriate

25  committee for investigation and action which shall be governed

26  by the rules of the House of Representatives.  It shall be the

27  duty of the committee to report its final action upon the

28  matter complaint to the commission within 90 days of the date

29  of transmittal.

30         (5)  If the commission finds that there has been a

31  violation of this part or of any provision of s. 8, Art. II of

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  1  the State Constitution by an impeachable officer other than

  2  the Governor, and the commission recommends public censure and

  3  reprimand, forfeiture of a portion of the officer's salary, a

  4  civil penalty, or restitution, the commission shall report its

  5  findings and recommendation of disciplinary action to the

  6  Governor, who shall have the power to invoke the penalty

  7  provisions of this part.

  8         (6)  If the commission finds that there has been a

  9  violation of this part or of any provision of s. 8, Art. II of

10  the State Constitution by the Governor, and the commission

11  recommends public censure and reprimand, forfeiture of a

12  portion of the Governor's salary, a civil penalty, or

13  restitution, the commission shall report its findings and

14  recommendation of disciplinary action to the Attorney General,

15  who shall have the power to invoke the penalty provisions of

16  this part.

17         (7)  If, in cases pertaining to persons other than

18  complaints other than complaints against impeachable officers

19  or members of the Legislature, upon completion of a full and

20  final investigation by the commission, the commission finds

21  that there has been a violation of this part or of s. 8, Art.

22  II of the State Constitution, it shall be the duty of the

23  commission to report its findings and recommend appropriate

24  action to the proper disciplinary official or body as follows,

25  and such official or body shall have the power to invoke the

26  penalty provisions of this part, including the power to order

27  the appropriate elections official to remove a candidate from

28  the ballot for a violation of s. 112.3145 or s. 8(a) and (i)

29  (h), Art. II of the State Constitution:

30         (a)  The President of the Senate and the Speaker of the

31  House of Representatives, jointly, in any case concerning the

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  1  Public Counsel, members of the Public Service Commission,

  2  members of the Public Service Commission Nominating Council,

  3  the Auditor General, members of the Legislative Committee on

  4  Intergovernmental Relations, or members of the Advisory

  5  Council on Environmental Education.

  6         (b)  The Supreme Court, in any case concerning an

  7  employee of the judicial branch.

  8         (c)  The President of the Senate, in any case

  9  concerning an employee of the Senate; the Speaker of the House

10  of Representatives, in any case concerning an employee of the

11  House of Representatives; or the President and the Speaker,

12  jointly, in any case concerning an employee of a committee of

13  the Legislature whose members are appointed solely by the

14  President and the Speaker or in any case concerning an

15  employee of the Public Counsel, Public Service Commission,

16  Auditor General, Legislative Committee on Intergovernmental

17  Relations, or Advisory Council on Environmental Education.

18         (d)  Except as otherwise provided by this part, the

19  Governor, in the case of any other public officer, public

20  employee, former public officer or public employee, candidate,

21  or former candidate.

22         (e)  The President of the Senate or the Speaker of the

23  House of Representatives, whichever is applicable, in any case

24  concerning a former member of the Legislature who has violated

25  a provision applicable to former members or whose violation

26  occurred while a member of the Legislature.

27         (8)  In addition to reporting its findings to the

28  proper disciplinary body or official, the commission shall

29  report these findings to the state attorney or any other

30  appropriate official or agency having authority to initiate

31  prosecution when violation of criminal law is indicated.

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  1         (9)  Notwithstanding the foregoing procedures of this

  2  section, a sworn complaint against any member or employee of

  3  the Commission on Ethics for violation of this part or of s.

  4  8, Art. II of the State Constitution shall be filed with the

  5  President of the Senate and the Speaker of the House of

  6  Representatives.  Each presiding officer shall, after

  7  determining that there are sufficient grounds for review,

  8  appoint three members of their respective bodies to a special

  9  joint committee who shall investigate the complaint.  The

10  members shall elect a chair from among their number.  If the

11  special joint committee finds insufficient evidence to

12  establish probable cause to believe a violation of this part

13  or of s. 8, Art. II of the State Constitution has occurred, it

14  shall dismiss the complaint. If, upon completion of its

15  preliminary investigation, the committee finds sufficient

16  evidence to establish probable cause to believe a violation

17  has occurred, the chair thereof shall transmit such findings

18  to the Governor who shall convene a meeting of the Governor,

19  the President of the Senate, the Speaker of the House of

20  Representatives, and the Chief Justice of the Supreme Court to

21  take such final action on the complaint as they shall deem

22  appropriate, consistent with the penalty provisions of this

23  part. Upon request of a majority of the Governor, the

24  President of the Senate, the Speaker of the House of

25  Representatives, and the Chief Justice of the Supreme Court,

26  the special joint committee shall submit a recommendation as

27  to what penalty, if any, should be imposed.

28         (10)  Notwithstanding the provisions of subsections

29  (1)-(7), the commission may, at its discretion, dismiss any

30  complaint or proceeding at any stage of disposition should it

31  determine that the public interest would not be served by

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  1  proceeding further, in which case the commission shall issue a

  2  public report stating with particularity its reasons for the

  3  dismissal.  The investigation of facts and parties materially

  4  related to a complaint, as provided in s. 112.322(1) and

  5  pursuant to the definitions contained in s. 112.312(11) and

  6  (18), and the amendment of s. 112.3143 shall apply only to

  7  alleged violations occurring after May 24, 1991.

  8         Section 10.  Section 914.21, Florida Statutes, is

  9  amended to read:

10         914.21  Definitions.--As used in ss. 914.22-914.24, the

11  term:

12         (1)  "Bodily injury" means:

13         (a)  A cut, abrasion, bruise, burn, or disfigurement;

14         (b)  Physical pain;

15         (c)  Illness;

16         (d)  Impairment of the function of a bodily member,

17  organ, or mental faculty; or

18         (e)  Any other injury to the body, no matter how

19  temporary.

20         (2)  "Misleading conduct" means:

21         (a)  Knowingly making a false statement;

22         (b)  Intentionally omitting information from a

23  statement and thereby causing a portion of such statement to

24  be misleading, or intentionally concealing a material fact and

25  thereby creating a false impression by such statement;

26         (c)  With intent to mislead, knowingly submitting or

27  inviting reliance on a writing or recording that is false,

28  forged, altered, or otherwise lacking in authenticity;

29         (d)  With intent to mislead, knowingly submitting or

30  inviting reliance on a sample, specimen, map, photograph,

31

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  1  boundary mark, or other object that is misleading in a

  2  material respect; or

  3         (e)  Knowingly using a trick, scheme, or device with

  4  intent to mislead.

  5         (3)  "Official investigation" means any investigation

  6  instituted by a law enforcement agency or prosecuting officer

  7  of the state or a political subdivision of the state, or any

  8  investigation conducted by the Florida Commission on Ethics.

  9         (4)  "Official proceeding" means:

10         (a)  A proceeding before a judge or court or a grand

11  jury;

12         (b)  A proceeding before the Legislature; or

13         (c)  A proceeding before a federal agency which is

14  authorized by law; or.

15         (d)  A proceeding before the Florida Commission on

16  Ethics.

17         (5)  "Physical force" means physical action against

18  another and includes confinement.

19         Section 11.  Subsection (9) of section 112.322, Florida

20  Statutes, is repealed.

21         Section 12.  Subsection (6) of section 440.442, Florida

22  Statutes, is amended to read:

23         440.442  Code of Judicial Conduct.--The Chief Judge,

24  and judges of compensation claims shall observe and abide by

25  the Code of Judicial Conduct as provided in this section. Any

26  material violation of a provision of the Code of Judicial

27  Conduct shall constitute either malfeasance or misfeasance in

28  office and shall be grounds for suspension and removal of such

29  Chief Judge, or judge of compensation claims by the Governor.

30         (6)  FISCAL MATTERS OF JUDGES.--Fiscal matters of a

31  judge should be conducted in a manner that will not give the

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  1  appearance of influence or impropriety. A judge should

  2  regularly file public reports as required by s. 8, Art. II of

  3  the State Constitution, and should publicly report gifts.

  4         (a)  Compensation for quasi-judicial and extrajudicial

  5  services and reimbursement of expenses.--A judge may receive

  6  compensation and reimbursement of expenses for the

  7  quasi-judicial and extrajudicial activities permitted by this

  8  section, if the source of such payments does not give the

  9  appearance of influencing the judge in his or her judicial

10  duties or otherwise give the impression of impropriety subject

11  to the following restrictions:

12         1.  Compensation:  Compensation should not exceed a

13  reasonable amount nor should it exceed what a person who is

14  not a judge would receive for the same activity.

15         2.  Expense reimbursement:  Expense reimbursement

16  should be limited to the actual cost of travel, food, and

17  lodging reasonably incurred by the judge and, where

18  appropriate to the occasion, to his or her spouse. Any payment

19  in excess of such an amount is compensation.

20         (b)  Public financial reporting.--

21         1.  Income and assets:  A judge shall file such public

22  reports as may be required by law for all public officials to

23  comply fully with the provisions of s. 8, Art. II of the State

24  Constitution. The form for public financial disclosure shall

25  be that recommended or adopted by the Florida Commission on

26  Ethics for use by all public officials. The form shall be

27  filed in the office of the Commission on Ethics Secretary of

28  State on the date prescribed by law.

29         2.  Gifts:  A judge shall file a public report of all

30  gifts which are required to be disclosed under Canon 5D(5)(h)

31  and Canon 6B(2) s. 112 [Canon 5C(4)(c) of the Code of Judicial

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  1  Conduct]. The report of gifts received in the preceding

  2  calendar year shall be filed in the office of the Commission

  3  on Ethics Secretary of State on or before July 1 of each year.

  4         Section 13.  Sections 839.08, 839.09, 839.091, and

  5  839.10, Florida Statutes, are repealed.

  6         Section 14.  Section 112.3232, Florida Statutes, is

  7  created to read:

  8         112.3232  Cancelled testimony.--If any person called to

  9  give evidence in a commission proceeding shall refuse to give

10  evidence because of a claim of possible self-incrimination,

11  the commission, with the written authorization of the

12  appropriate state attorney, may apply to the chief judge of

13  the appropriate judicial circuit for a judicial grant of

14  immunity ordering the testimony or other evidence of such

15  person notwithstanding his or her objection, but in such case

16  no testimony or other information compelled under the order,

17  or any information directly or indirectly derived from such

18  testimony or other information, may be used against the

19  witness in any criminal proceeding.

20         Section 15.  Section 112.31905, Florida Statutes, is

21  created to read:

22         112.31905  Educational requirements for elected public

23  officials.--Each elected public officer and each person

24  appointed to hold elective public office shall, within the

25  first year following his or her election or appointment to

26  office and every 4 years thereafter:

27         (1)  Complete a course of study of at least 3 hours

28  regarding the requirements of this part, the public records

29  law of chapter 119, the public meetings law in chapter 286,

30  and chapter 838.

31

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  1         (2)  Certify his or her completion of the course of

  2  study on a form promulgated by the commission and file the

  3  form with the commission, if he or she files full and public

  4  disclosure under s. 8 of Art. II, of the State Constitution,

  5  or with the supervisor of elections of the county of his or

  6  her residence, if he or she files a statement of financial

  7  interests under s. 112.3145.

  8         Section 16.  Subsection (7) of section 112.322, Florida

  9  Statutes, is amended to read:

10         112.322  Duties and powers of commission.--

11         (7)  The commission may prepare materials designed to

12  assist persons in complying with the provisions of this part

13  and with s. 8, Art. II of the State Constitution, and is

14  authorized to work with other agencies of state and local

15  government and private organizations to develop and

16  disseminate ethics training materials and programs, including,

17  but not limited to, the materials and programs necessary for

18  public officials to comply with the education requirements of

19  s. 112.31905.

20         Section 17.  Section 112.3147, Florida Statutes, is

21  amended to read:

22         112.3147  Forms.--All information required to be

23  furnished by ss. 112.313, 112.3143, 112.3145, 112.3148, and

24  112.3149, and 112.31905  and by s. 8, Art. II of the State

25  Constitution shall be on forms prescribed by the Commission on

26  Ethics.

27         Section 18.  The sum of $193,950 is appropriated from

28  the General Revenue Fund to the Commission on Ethics to

29  administer the responsibilities imposed upon it by this act.

30         Section 19.  This act shall take effect January 1,

31  2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 368

  3

  4  The committee substitute differs from the original bill in
    that it: allows the Commission on Ethics to initiate a
  5  full-blown investigation of violations of the ethics code
    either upon receipt of reliable and publicly disseminated
  6  information or upon written referral of a possible violation
    by certain government officers such as a state attorney or the
  7  executive director of FDLE, provided that a super-majority of
    the Commission members deem the information sufficient to
  8  indicate a breach of the public trust; requires persons
    holding elective public office to complete a 3-hour course of
  9  study within one year of election or appointment and every
    four years thereafter in the area of ethics, public records
10  law, the sunshine law, and public corruption law; offers
    limited financial disclosure filers the option of either
11  filing under the current statutory scheme using percentage
    thresholds or filing with proposed specific dollar thresholds;
12  requires the Commission on Ethics to get the written
    permission of the appropriate state attorney before seeking
13  judicial immunity for witnesses; requires taxes that have been
    reduced to a legal judgment to be reported as a "liability" on
14  financial disclosure forms; creates a post-employment
    restriction prohibiting certain executive and judicial branch
15  employees who participate personally and substantially on a
    matter as a public employee from representing any other
16  private person or entity on the same matter; extends the
    two-year, post-employment lobbying restriction prohibiting
17  local elected officials from lobbying their "governing body"
    to also include the "agency" of which the persons were
18  officers; removes the repeal of a section of the ethics code
    allowing the Ethics Commission to grant certain extension of
19  time for filing disclosures; clarifies that persons failing to
    file a final limited financial disclosure form are subject to
20  the penalties in s. 112.317, F.S., but not the $25/day
    automatic fine provisions; and, creates a notice requirement
21  for the benefit of those required to file final financial
    disclosure upon leaving government service or employment.
22

23

24

25

26

27

28

29

30

31

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