Senate Bill 0368e1

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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; authorizing the Technological Research

27         and Development Authority to make certain gifts

28         under certain circumstances; amending s.

29         112.3149, F.S.; transferring filing

30         administration for honoraria disclosure from

31         the Department of State to the Commission on


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  1         Ethics; amending s. 112.317, F.S.; authorizing

  2         the Commission on Ethics to recommend how

  3         restitution may be paid; entitling the Attorney

  4         General to reimbursement of fees and costs

  5         associated with collecting civil and

  6         restitution penalties imposed for ethics

  7         violations; removing a criminal penalty related

  8         to the disclosure of confidential information

  9         brought before the commission; amending s.

10         112.3185, F.S.; creating a post-employment

11         restriction for certain agency employees;

12         amending s. 112.324, F.S.; authorizing the

13         Commission on Ethics to investigate potential

14         ethics violations on its own authority under

15         certain circumstances; clarifying that the

16         proper sanction authority in the case of a

17         current state legislator who commits an act in

18         violation of the Ethics Code prior to joining

19         the Legislature is vested in the house in which

20         the legislator serves; allowing the Commission

21         on Ethics to dismiss a complaint that involves

22         a technical or minor error, under specified

23         conditions; amending s. 914.21, F.S.;

24         redefining the terms "official proceeding" and

25         "official investigation"; extending the

26         witness-tampering laws to include Commission on

27         Ethics investigations and proceedings;

28         repealing s. 112.322(9), F.S., which requires

29         the Commission on Ethics to report certain

30         delinquent financial disclosure filers to the

31         Department of Community Affairs; amending s.


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  1         440.442, F.S.; transferring the filing location

  2         for public financial reporting by judges of

  3         compensation claims from the Secretary of State

  4         to the Commission on Ethics; clarifying that

  5         the Code of Judicial Conduct governs the

  6         reporting of gifts for judges of compensation

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

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

  9         penalties for offenses by public officers and

10         employees relating to the purchase of supplies

11         or materials and the bidding for public work;

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

13         Commission on Ethics to seek immunity for

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

15         mandating educational requirements for elected

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

17         authorizing the Commission on Ethics to develop

18         and disseminate ethics training materials and

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

20         authorizing the Commission on Ethics to

21         prescribe forms relating to the public official

22         education requirements and full and public

23         financial disclosure; prescribing requirements

24         for reporting certain assets and liabilities on

25         the full and public disclosure form;

26         appropriating funds to the Commission on

27         Ethics; providing an effective date.

28

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

30

31


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

  2  112.312, Florida Statutes, are amended to read:

  3         112.312  Definitions.--As used in this part and for

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

  5  Constitution, unless the context otherwise requires:

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

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

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

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

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

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

12  consideration is not given within 90 days, including:

13         1.  Real property.

14         2.  The use of real property.

15         3.  Tangible or intangible personal property.

16         4.  The use of tangible or intangible personal

17  property.

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

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

20  is not either a government rate available to all other

21  similarly situated government employees or officials or a rate

22  which is available to similarly situated members of the public

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

24  national origin.

25         6.  Forgiveness of an indebtedness.

26         7.  Transportation, other than that provided to a

27  public officer or employee by an agency in relation to

28  officially approved governmental business, lodging, or

29  parking.

30         8.  Food or beverage.

31         9.  Membership dues.


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

  2  events, performances, or facilities.

  3         11.  Plants, flowers, or floral arrangements.

  4         12.  Services provided by persons pursuant to a

  5  professional license or certificate.

  6         13.  Other personal services for which a fee is

  7  normally charged by the person providing the services.

  8         14.  Any other similar service or thing having an

  9  attributable value not already provided for in this section.

10         (b)  "Gift" does not include:

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

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

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

14  a corporation or organization.

15         2.  Contributions or expenditures reported pursuant to

16  chapter 106, campaign-related personal services provided

17  without compensation by individuals volunteering their time,

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

19         3.  An honorarium or an expense related to an

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

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

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

23  civic, charitable, or professional service.

24         5.  An honorary membership in a service or fraternal

25  organization presented merely as a courtesy by such

26  organization.

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

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

29         7.  Transportation provided to a public officer or

30  employee by an agency in relation to officially approved

31  governmental business.


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

  2  regional, or national organization which promotes the exchange

  3  of ideas between, or the professional development of,

  4  governmental officials or employees, and whose membership is

  5  primarily composed of elected or appointed public officials or

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

  7  of a governmental agency that is a member of that

  8  organization.

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

10  personal property" means property as defined in s.

11  192.001(11)(b).

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

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

14  provide something of value unless the promise is in writing

15  and enforceable through the courts.

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

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

18  governmental entity, except for credit card and retail

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

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

21  issuance, contingent liabilities, or accrued income taxes on

22  net unrealized appreciation.  Each liability which is required

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

24  shall identify the name and address of the creditor.

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

26  112.313, Florida Statutes, are amended to read:

27         112.313  Standards of conduct for public officers,

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

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

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

31  local government attorney may not shall disclose or use


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  1  information unavailable not available to members of the

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

  3  position, except for information relating exclusively to

  4  governmental practices or procedures, for his or her personal

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

  6  other person or business entity.

  7         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

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

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

10  personally represent another person or entity for compensation

11  before the government governing body or agency of which the

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

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

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

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

16  elected officers of school districts holding office on January

17  1, 1995, until after their next election.

18         Section 3.  Section 112.3144, Florida Statutes, is

19  amended to read:

20         112.3144  Full and public disclosure of financial

21  interests.--

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

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

24  disclosure of financial interests for any calendar or fiscal

25  year shall file the disclosure with the Florida Commission on

26  Ethics.

27         (2)(1)  A No person who is required, pursuant to s. 8,

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

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

30  public disclosure of financial interests for any calendar or

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


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

  2  same year or for any part thereof notwithstanding any

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

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

  5  before whom he or she qualifies.

  6         (3)(2)  For purposes of full and public disclosure

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

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

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

10  lump sum and identified as "household goods and personal

11  effects":

12         (a)  Jewelry;

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

14  properties;

15         (c)  Art objects;

16         (d)  Household equipment and furnishings;

17         (e)  Clothing;

18         (f)  Other household items; and

19         (g)  Vehicles for personal use.

20         (4)(3)  Forms for compliance with the full and public

21  disclosure requirements of s. 8, Art. II of the State

22  Constitution, and a current list of persons required to file

23  full and public disclosure by s. 8, Art. II of the State

24  Constitution, or other state law, shall be created provided by

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

26  State, who shall give notice of disclosure deadlines and

27  delinquencies and distribute forms in the following manner:

28         (a)  Not later than May 1 of each year, the commission

29  on Ethics shall prepare a current list of the names and

30  addresses of and the offices held by every person required to

31  file full and public disclosure annually by s. 8, Art. II of


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  1  the State Constitution, or other state law, and shall provide

  2  the Secretary of State with the mailing list. In compiling the

  3  list, the commission shall be assisted by each unit of

  4  government in providing at the request of the commission the

  5  name, address, and name of the office held by each public

  6  official within the respective unit of government.

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

  8  the commission Secretary of State shall mail a copy of the

  9  form prescribed for compliance with full and public disclosure

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

11  mailing list.

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

13  the commission Secretary of State shall determine which

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

15  public disclosure and shall send delinquency notices by

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

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

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

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

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

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

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

23  60 days after September 1 of the current year, such person

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

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

26  Commission on Ethics of the delinquency.

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

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

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

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

31  certificate of mailing obtained from and dated by the United


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

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

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

  4  manner.

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

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

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

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

  9  failed to timely file full and public disclosure.  The

10  certification shall be on a form prescribed by the commission

11  and shall indicate whether the Secretary of State has provided

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

13  all persons named on the delinquency list.

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

15  disclosure of financial interests and whose name is on the

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

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

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

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

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

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

22  commission must provide by rule the grounds for waiving the

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

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

25  timely manner will be notified of assessed fines and may

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

27  following:

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

29  earliest of the following:

30         a.  When a statement is actually received by the

31  office.


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  1         b.  When the statement is postmarked.

  2         c.  When the certificate of mailing is dated.

  3         d.  When the receipt from an established courier

  4  company is dated.

  5         2.  Upon receipt of the disclosure statement or upon

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

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

  8  and shall notify the delinquent person. The notice must

  9  include an explanation of the appeal procedure under

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

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

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

13  shall be deposited into the General Revenue Fund.

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

15  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

22  designated to review the timeliness of reports in writing of

23  his or her intention to bring the matter before the

24  commission.

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

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

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

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

29  public disclosure is provided to the Secretary of State shall

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

31  deemed delinquent for failure to file full and public


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

  2  nevertheless is required to file the disclosure statement.

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

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

  5  required of any person appointed to elective constitutional

  6  office or other position required to file full and public

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

  8  notification list and the person received notification from

  9  the commission.  The appointing official shall notify such

10  newly appointed person of the obligation to file full and

11  public disclosure by July 1. The notification requirements and

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

13  provided for in subsection (5).

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

15  fine imposed under this subsection which is not waived by

16  final order of the commission and which remains unpaid more

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

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

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

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

21  department shall assign the collection of such fine to a

22  collection agent as provided in s. 17.20.

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

24  disclosure of financial interests shall file a final

25  disclosure statement within 60 days after leaving his or her

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

27  in which the person leaves and the last day of office or

28  employment, unless within the 60-day period the person takes

29  another public position requiring financial disclosure under

30  s. 8 of Art. II of the State Constitution, or is otherwise

31  required to file full and public disclosure for the final


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  1  disclosure period. The head of the agency of each person

  2  required to file full and public disclosure for the final

  3  disclosure period shall notify such persons of their

  4  obligation to file the final disclosure and may designate a

  5  person to be responsible for the notification requirements of

  6  this subsection.

  7         (6)  The commission shall adopt rules and forms

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

  9  public disclosure of financial interests may amend his or her

10  disclosure statement to report information that was not

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

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

13  commission and the proper disciplinary official or body shall

14  consider as a mitigating factor when considering appropriate

15  disciplinary action the fact that the amendment was filed

16  before any complaint or other inquiry or proceeding, while

17  recognizing that the public was deprived of access to

18  information to which it was entitled.

19         Section 4.  Section 112.3145, Florida Statutes, is

20  amended to read:

21         112.3145  Disclosure of financial interests and clients

22  represented before agencies.--

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

24  otherwise requires, the term:

25         (a)  "Local officer" means:

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

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

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

29  elective office.

30         2.  Any appointed member of any of the following

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


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  1  any county, municipality, school district, independent special

  2  district, or other political subdivision of the state:

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

  4  appointed;

  5         b.  An expressway authority or transportation authority

  6  established by general law;

  7         c.  A community college or junior college district

  8  board of trustees;

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

10  provisions;

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

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

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

14  the political subdivision, except for citizen advisory

15  committees, technical coordinating committees, and such other

16  groups who only have the power to make recommendations to

17  planning or zoning boards;

18         f.  A pension board or retirement board having the

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

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

21  of a pension or other retirement benefit; or

22         g.  Any other appointed member of a local government

23  board who is required to file a statement of financial

24  interests by the appointing authority or the enabling

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

26  board; commission; authority, including any expressway

27  authority or transportation authority established by general

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

29  of any political subdivision of the state, excluding any

30  member of an advisory body. A governmental body with

31


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  1  land-planning, zoning, or natural resources responsibilities

  2  shall not be considered an advisory body.

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

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

  5  employee of a county, municipality, or other political

  6  subdivision; county or municipal attorney; chief county or

  7  municipal building inspector; county or municipal water

  8  resources coordinator; county or municipal pollution control

  9  director; county or municipal environmental control director;

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

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

12  municipal clerk; district school superintendent; community

13  college president; district medical examiner; or purchasing

14  agent having the authority to make any purchase exceeding the

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

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

17  entity thereof.

18         (b)  "Specified state employee" means:

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

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

21  state employee who serves as counsel or assistant counsel to

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

23  administrative law judge, or a hearing officer.

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

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

26  is exempt from the Career Service System, except persons

27  employed in clerical, secretarial, or similar positions.

28         3.  Each appointed secretary, assistant secretary,

29  deputy secretary, executive director, assistant executive

30  director, or deputy executive director of each state

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


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  1  provided, the division director, assistant division director,

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

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

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

  5         4.  The superintendent or institute director of a state

  6  mental health institute established for training and research

  7  in the mental health field or the superintendent or director

  8  of any major state institution or facility established for

  9  corrections, training, treatment, or rehabilitation.

10         5.  Business managers, purchasing agents having the

11  power to make any purchase exceeding the threshold amount

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

13  accounting directors, personnel officers, or grants

14  coordinators for any state agency.

15         6.  Any person, other than a legislative assistant

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

17  legislative assistant is employed, who is employed in the

18  legislative branch of government, except persons employed in

19  maintenance, clerical, secretarial, or similar positions.

20         7.  Each employee of the Commission on Ethics.

21         (c)  "State officer" means:

22         1.  Any elected public officer, excluding those elected

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

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

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

26  office.

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

28  authority, or council having statewide jurisdiction, excluding

29  a member of an advisory body.

30

31


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    CS for CS for SB 368                           First Engrossed



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

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

  3  president of a state university.

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

  5  state or local elective office shall file a statement of

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

  7  she files, qualifying papers.

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

  9  state employee shall file a statement of financial interests

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

11  officer, and specified state employee shall file a final

12  statement of financial interests within 60 days after leaving

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

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

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

16  takes another public position requiring financial disclosure

17  under this section or s. 8, Art. II of the State Constitution

18  or otherwise is required to file full and public disclosure or

19  a statement of financial interests for the final disclosure

20  period. Each state or local officer who is appointed and each

21  specified state employee who is employed shall file a

22  statement of financial interests within 30 days from the date

23  of appointment or, in the case of a specified state employee,

24  from the date on which the employment begins, except that any

25  person whose appointment is subject to confirmation by the

26  Senate shall file prior to confirmation hearings or within 30

27  days from the date of appointment, whichever comes first.

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

29  office, and specified state employees shall file their

30  statements of financial interests with the Commission on

31  Ethics Secretary of State. Local officers shall file their


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    CS for CS for SB 368                           First Engrossed



  1  statements of financial interests with the supervisor of

  2  elections of the county in which they permanently reside.

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

  4  the state shall file their statements of financial interests

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

  6  agency maintains its headquarters. Persons seeking to qualify

  7  as candidates for local public office shall file their

  8  statements of financial interests with the officer before whom

  9  they qualify.

10         (3)  The statement of financial interests for state

11  officers, specified state employees, local officers, and

12  persons seeking to qualify as candidates for state or local

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

14  financial interests requiring disclosure, in which case the

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

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

17  option, either:

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

19  the gross income received during the disclosure period by the

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

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

22  shall not be construed to require disclosure of a business

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

24  such sources in descending order of value with the largest

25  source first;.

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

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

28  in which the reporting person held a material interest and

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

30  10 percent of his or her gross income during the disclosure

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


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    CS for CS for SB 368                           First Engrossed



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

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

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

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

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

  6  directly or indirectly by the person reporting, when such

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

  8  property, and a general description of any intangible personal

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

10  assets.  For the purposes of this paragraph, indirect

11  ownership does not include ownership by a spouse or minor

12  child; and.

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

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

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

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

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

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

19  construed to require disclosure of a business partner's

20  sources of income. The person reporting shall list such

21  sources in descending order of value with the largest source

22  first;

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

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

25  in which the reporting person held a material interest and

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

27  during the disclosure period. The period for computing the

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

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

30  end of the disclosure period of the person reporting;

31


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    CS for CS for SB 368                           First Engrossed



  1         3.  The location or description of real property in

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

  3  directly or indirectly by the person reporting, when such

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

  5  property, and a general description of any intangible personal

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

  7  paragraph, indirect ownership does not include ownership by a

  8  spouse or minor child; and

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

10         (4)  Each elected constitutional officer, state

11  officer, local officer, and specified state employee shall

12  file a quarterly report of the names of clients represented

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

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

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

16  classified as state-level agencies or agencies below state

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

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

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

20  elected constitutional officer, and specified state employee

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

22  The report shall be filed only when a reportable

23  representation is made during the calendar quarter and shall

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

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

26  quarter.  Representation before any agency shall be deemed to

27  include representation by such officer or specified state

28  employee or by any partner or associate of the professional

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

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

31  term "representation before any agency" does not include


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    CS for CS for SB 368                           First Engrossed



  1  appearances before any court or Chief Judges of Compensation

  2  Claims or judges of compensation claims or representations on

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

  4  does not include the preparation and filing of forms and

  5  applications merely for the purpose of obtaining or

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

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

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

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

10  require substantial discretion, a variance, a special

11  consideration, or a certificate of public convenience and

12  necessity.

13         (5)  Each elected constitutional officer and each

14  candidate for such office, any other public officer required

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

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

17  and each state officer, local officer, specified state

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

19  was during the disclosure period an officer, director,

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

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

22  disclosure period a material interest in, any business entity

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

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

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

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

27  address, and principal business activity of the business

28  entity and shall state the position held with such business

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

30  nature of that interest.

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    CS for CS for SB 368                           First Engrossed



  1         (6)  Forms for compliance with the disclosure

  2  requirements of this section and a current list of persons

  3  subject to disclosure shall be created provided by the

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

  5  each supervisor of elections. The commission and each

  6  supervisor of elections, who shall give notice of disclosure

  7  deadlines and delinquencies and distribute forms in the

  8  following manner:

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

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

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

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

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

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

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

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

17  or specified state employee within the respective unit of

18  government.

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

20  shall provide the Secretary of State with a current mailing

21  list of all state officers and specified employees and shall

22  provide each supervisor of elections with a current mailing

23  list of all local officers required to file with such

24  supervisor of elections.

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

26  the commission Secretary of State and each supervisor of

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

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

29  all applicable disclosure forms and filing deadlines to each

30  person required to file a statement of financial interests.

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    CS for CS for SB 368                           First Engrossed



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

  2  the commission Secretary of State and each supervisor of

  3  elections shall determine which persons required to file a

  4  statement of financial interests in their respective offices

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

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

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

  8  year; that no investigative or disciplinary action based upon

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

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

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

12  1 of the current year, a fine of $25 for each day late will be

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

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

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

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

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

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

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

20  s. 112.317.

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

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

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

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

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

26  persons who have failed to timely file the required statements

27  of financial interests.  The certification must include the

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

29  certification shall be on a form prescribed by the commission

30  and shall indicate whether the supervisor of elections

31  respective certifying official has provided the disclosure


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    CS for CS for SB 368                           First Engrossed



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

  2  named on the delinquency list.

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

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

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

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

  7  certificate of mailing obtained from and dated by the United

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

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

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

11  manner.

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

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

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

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

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

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

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

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

20  provide by rule the grounds for waiving the fine and

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

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

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

24  rule must provide for and make specific the following:

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

26  earliest of the following:

27         a.  When a statement is actually received by the

28  office.

29         b.  When the statement is postmarked.

30         c.  When the certificate of mailing is dated.

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    CS for CS for SB 368                           First Engrossed



  1         d.  When the receipt from an established courier

  2  company is dated.

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

  4  upon receipt of the disclosure statement by the commission or

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

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

  7  certification from the local officer's supervisor of elections

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

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

10  delinquent person. The notice must include an explanation of

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

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

13  transmitted, unless appeal is made to the commission pursuant

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

15  General Revenue Fund.

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

17  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

24  designated to review the timeliness of reports in writing of

25  his or her intention to bring the matter before the

26  commission.

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

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

29  required to file an annual statement of financial interests

30  provided to the Secretary of State or supervisor of elections

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


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    CS for CS for SB 368                           First Engrossed



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

  2  statement of financial interests in any year in which the

  3  omission occurred, but nevertheless is required to file the

  4  disclosure statement.

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

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

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

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

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

10  fine imposed under this subsection which is not waived by

11  final order of the commission and which remains unpaid more

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

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

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

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

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

17  collection agent as provided in s. 17.20.

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

19  each newly appointed local officer, state officer, or

20  specified state employee, not later than the date of

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

22  with the disclosure requirements of this section. The agency

23  head of each employing agency shall notify each newly employed

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

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

26  comply with the disclosure requirements of this section. The

27  appointing official or body or employing agency head may

28  designate a person to be responsible for the notification

29  requirements of this paragraph section.

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

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


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    CS for CS for SB 368                           First Engrossed



  1  required to file a statement of financial interests for the

  2  final disclosure period shall notify such persons of their

  3  obligation to file the final disclosure and may designate a

  4  person to be responsible for the notification requirements of

  5  this paragraph.

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

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

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

  9  notwithstanding any requirement of this act, except that any

10  public officer who qualifies as a candidate for public office

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

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

13  qualification.

14         (9)  The commission shall adopt rules and forms

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

16  state employee may amend his or her statement of financial

17  interests to report information that was not included on the

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

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

20  disciplinary official or body shall consider as a mitigating

21  factor when considering appropriate disciplinary action the

22  fact that the amendment was filed before any complaint or

23  other inquiry or proceeding, while recognizing that the public

24  was deprived of access to information to which it was

25  entitled.

26         Section 5.  Section 112.3148, Florida Statutes, is

27  amended to read:

28         112.3148  Reporting and prohibited receipt of gifts by

29  individuals filing full or limited public disclosure of

30  financial interests and by procurement employees.--

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

  2  gifts solicited or accepted by a reporting individual or

  3  procurement employee from a relative.

  4         (2)  As used in this section:

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

  6  child, or sibling.

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

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

  9  to influence the governmental decisionmaking of a reporting

10  individual or procurement employee or his or her agency or

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

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

13  recommendation by the reporting individual or procurement

14  employee or his or her agency.

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

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

17  seeking to influence decisionmaking or to encourage the

18  passage, defeat, or modification of any proposal or

19  recommendation by such agency or an employee or official of

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

21  required to be registered as a lobbyist in accordance with

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

23  12 months required to be registered as a lobbyist in

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

25  such a registration system must require the registration of,

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

27  same activities as require registration to lobby the

28  Legislature pursuant to s. 11.045.

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

30  associations, joint ventures, partnerships, estates, trusts,

31


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    CS for CS for SB 368                           First Engrossed



  1  business trusts, syndicates, fiduciaries, corporations, and

  2  all other groups or combinations.

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

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

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

  6  112.3145, to file full or limited public disclosure of his or

  7  her financial interests or any individual who has been elected

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

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

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

11  employee in public service is the agency to which the

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

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

14  which the individual has been elected to serve.

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

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

17  executive branch or judicial branch of state government who

18  participates through decision, approval, disapproval,

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

20  influencing the content of any specification or procurement

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

22  in any other advisory capacity in the procurement of

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

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

25  any year.

26         (3)  A reporting individual or procurement employee is

27  prohibited from soliciting any gift from a political committee

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

29  106.011, or from a lobbyist who lobbies the reporting

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

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


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    CS for CS for SB 368                           First Engrossed



  1  is for the personal benefit of the reporting individual or

  2  procurement employee, another reporting individual or

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

  4  a reporting individual or procurement employee.

  5         (4)  A reporting individual or procurement employee or

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

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

  8  political committee or committee of continuous existence, as

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

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

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

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

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

14  $100; however, such a gift may be accepted by such person on

15  behalf of a governmental entity or a charitable organization.

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

17  charitable organization, the person receiving the gift shall

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

19  that reasonably necessary to arrange for the transfer of

20  custody and ownership of the gift.

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

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

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

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

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

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

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

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

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

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

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


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    CS for CS for SB 368                           First Engrossed



  1  the gift is intended to be transferred to a governmental

  2  entity or a charitable organization.

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

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

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

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

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

  8  governmental entity or charitable organization, must file a

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

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

11  The report shall be filed with the Commission on Ethics

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

13  individuals of the legislative branch, in which case the

14  report shall be filed with the Division of Legislative

15  Information Services in the Office of Legislative Services.

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

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

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

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

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

21  subsection, the donor must notify the intended recipient at

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

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

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

25  person or entity.

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

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

28  department or commission of the executive branch, a water

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

30  Commuter Rail Authority, the Technological Research and

31  Development Authority, a county, a municipality, an airport


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    CS for CS for SB 368                           First Engrossed



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

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

  3  reporting individual or procurement employee if a public

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

  5  organization specifically authorized by law to support a

  6  governmental entity may give such a gift to a reporting

  7  individual or procurement employee who is an officer or

  8  employee of such governmental entity.

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

10  a reporting individual or procurement employee may accept a

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

12  legislative or judicial branch, a department or commission of

13  the executive branch, a water management district created

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

15  the Technological Research and Development Authority, a

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

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

18  reporting individual or procurement employee who is an officer

19  or employee of a governmental entity supported by a

20  direct-support organization specifically authorized by law to

21  support such governmental entity may accept such a gift from

22  such direct-support organization.

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

24  governmental entity or direct-support organization

25  specifically authorized by law to support a governmental

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

27  procurement employee under paragraph (a) shall provide the

28  reporting individual or procurement employee with a statement

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

30  reporting individual or procurement employee by the

31  governmental entity or direct-support organization during the


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  1  preceding calendar year.  Such report shall contain a

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

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

  4  governmental entity or direct-support organization to the

  5  reporting individual or procurement employee during the

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

  7  entity may provide a single report to the reporting individual

  8  or procurement employee of gifts provided by the governmental

  9  entity and any direct-support organization specifically

10  authorized by law to support such governmental entity.

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

12  individual or procurement employee shall file a statement

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

14  the reporting individual or procurement employee, either

15  directly or indirectly, from a governmental entity or a

16  direct-support organization specifically authorized by law to

17  support a governmental entity.  The statement shall list the

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

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

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

21  which the report is made.  The reporting individual or

22  procurement employee shall attach to such statement any report

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

24  report shall become a public record when filed with the

25  statement of the reporting individual or procurement employee.

26  The reporting individual or procurement employee may explain

27  any differences between the report of the reporting individual

28  or procurement employee and the attached reports.  The annual

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

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

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


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  1  the reporting individual.  The annual report filed by a

  2  procurement employee shall be filed with the Commission on

  3  Ethics Department of State.

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

  5  individual or procurement employee shall be its fair market

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

  7  and gratuities, except as otherwise provided in this

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

  9  the donor, the reasonable and customary charge regularly

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

11  is provided shall be used.  If additional expenses are

12  required as a condition precedent to eligibility of the donor

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

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

15  such expenses shall not be included in determining the value

16  of the gift.

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

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

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

20  of the gift.

21         (c)  If the actual gift value attributable to

22  individual participants at an event cannot be determined, the

23  total costs shall be prorated among all invited persons,

24  whether or not they are reporting individuals or procurement

25  employees.

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

27  basis unless only one-way transportation is provided.

28  Round-trip transportation expenses shall be considered a

29  single gift. Transportation provided in a private conveyance

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

31  comparable commercial conveyance.


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  1         (e)  Lodging provided on consecutive days shall be

  2  considered a single gift.  Lodging in a private residence

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

  4  112.061(6)(a)1. less the meal allowance rate provided in s.

  5  112.061(6)(b).

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

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

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

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

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

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

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

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

14         (g)  Membership dues paid to the same organization

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

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

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

18  or per event basis, whichever is greater.

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

20  gift shall be valued on a per occurrence basis.

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

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

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

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

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

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

27  persons invited to the function, unless the items are

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

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

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

31  not include that portion of the cost which represents a


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  1  charitable contribution, if the gift is provided by the

  2  charitable organization.

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

  4  employee shall file a statement with the Commission on Ethics

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

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

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

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

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

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

11  following:

12         1.  Gifts from relatives.

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

14  112.313(4).

15         3.  Gifts otherwise required to be disclosed by this

16  section.

17         (b)  The statement shall include:

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

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

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

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

22  shall so state.

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

24  reporting individual or procurement employee by the donor.

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

26  differences between the reporting individual's or procurement

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

28         (d)  The reporting individual's or procurement

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

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

31


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  1         (e)  If a reporting individual or procurement employee

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

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

  4  statement under this subsection for that calendar quarter.

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

  6  11.045, who violates the provisions of subsection (5) commits

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

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

  9  lobbyist to lobby, before the agency of the reporting

10  individual or procurement employee to which the gift was given

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

12  24 months.  The state attorney, or an agency, if otherwise

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

14  authorized under this section or to impose or enforce a

15  limitation on lobbying provided in this section.

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

17  advisory opinion from the general counsel of the house of

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

19  section to a specific situation.  The general counsel shall

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

21  The member of the Legislature may reasonably rely on such

22  opinion.

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

24  Statutes, is amended to read:

25         112.3149  Solicitation and disclosure of honoraria.--

26         (6)  A reporting individual or procurement employee who

27  receives payment or provision of expenses related to any

28  honorarium event from a person who is prohibited by subsection

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

30  procurement employee shall publicly disclose on an annual

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


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

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

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

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

  5  reporting individual or procurement employee in connection

  6  with the honorarium event.  The annual statement of honorarium

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

  8  expenses received during the previous calendar year. The

  9  reporting individual or procurement employee shall attach to

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

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

12  expenses paid or provided during the calendar year for which

13  the annual statement is filed.  Such attached statement shall

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

15  The annual statement of a reporting individual shall be filed

16  with the financial disclosure statement required by either s.

17  8, Art. II of the State Constitution or s. 112.3145, as

18  applicable to the reporting individual. The annual statement

19  of a procurement employee shall be filed with the Commission

20  on Ethics Department of State.

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

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

23         112.317  Penalties.--

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

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

26  disclosures required by this part or violation of any standard

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

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

29  criminal penalty or other civil penalty involved, shall,

30  pursuant to applicable constitutional and statutory

31


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    CS for CS for SB 368                           First Engrossed



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

  2  one or more of the following:

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

  4         1.  Impeachment.

  5         2.  Removal from office.

  6         3.  Suspension from office.

  7         4.  Public censure and reprimand.

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

  9  month for no more than 12 months.

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

11         7.  Restitution of any pecuniary benefits received

12  because of the violation committed. The commission may

13  recommend that the restitution penalty be paid to the agency

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

15  Revenue Fund of the state.

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

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

18  to be an employee:

19         1.  Dismissal from employment.

20         2.  Suspension from employment for not more than 90

21  days without pay.

22         3.  Demotion.

23         4.  Reduction in salary level.

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

25  month for no more than 12 months.

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

27         7.  Restitution of any pecuniary benefits received

28  because of the violation committed. The commission may

29  recommend that the restitution penalty be paid to the agency

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

31


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    CS for CS for SB 368                           First Engrossed



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

  2  the state.

  3         8.  Public censure and reprimand.

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

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

  6  State Constitution:

  7         1.  Disqualification from being on the ballot.

  8         2.  Public censure.

  9         3.  Reprimand.

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

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

12  who has violated a provision applicable to former officers or

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

14  or employee's leaving public office or employment:

15         1.  Public censure and reprimand.

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

17         3.  Restitution of any pecuniary benefits received

18  because of the violation committed. The commission may

19  recommend that the restitution penalty be paid to the agency

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

21  of the state.

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

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

24  Constitution and the proper disciplinary official or body

25  under s. 112.324 imposes recommends a civil penalty or

26  restitution penalty, the Attorney General shall bring a civil

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

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

29  restitution that could have been raised by judicial review of

30  the administrative findings and recommendations of the

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


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  1  Attorney General shall be entitled to collect any costs,

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

  3  collection incurred in bringing such actions.

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

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

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

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

  8  connection with a confidential preliminary investigation of

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

10  proceeding becomes a public record as provided herein commits

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

12  s. 775.082 or s. 775.083.

13         (6)(7)  In any case in which the commission finds

14  probable cause to believe that a complainant has committed

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

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

17  the appropriate law enforcement agency for prosecution and

18  taxation of costs.

19         (7)(8)  In any case in which the commission determines

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

21  or employee with a malicious intent to injure the reputation

22  of such officer or employee by filing the complaint with

23  knowledge that the complaint contains one or more false

24  allegations or with reckless disregard for whether the

25  complaint contains false allegations of fact material to a

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

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

28  of the person complained against, including the costs and

29  reasonable attorney's fees incurred in proving entitlement to

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

31  pay such costs and fees voluntarily within 30 days following


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  1  such finding by the commission, the commission shall forward

  2  such information to the Department of Legal Affairs, which

  3  shall bring a civil action in a court of competent

  4  jurisdiction to recover the amount of such costs and fees

  5  awarded by the commission.

  6         Section 8.  Section 112.3185, Florida Statutes, is

  7  amended to read:

  8         112.3185  Additional standards for state agency

  9  employees Contractual services.--

10         (1)  For the purposes of this section:

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

12  forth in chapter 287.

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

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

15  branch of state government and includes the Public Service

16  Commission.

17         (2)  No agency employee who participates through

18  decision, approval, disapproval, recommendation, preparation

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

20  any specification or procurement standard, rendering of

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

22  capacity in the procurement of contractual services shall

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

24  person contracting with the agency by whom the employee is

25  employed.

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

27  termination, have or hold any employment or contractual

28  relationship with any business entity other than an agency in

29  connection with any contract in which the agency employee

30  participated personally and substantially through decision,

31


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    CS for CS for SB 368                           First Engrossed



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

  2  investigation while an officer or employee.

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

  4  retirement or termination, have or hold any employment or

  5  contractual relationship with any business entity other than

  6  an agency in connection with any contract for contractual

  7  services which was within his or her responsibility while an

  8  employee.

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

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

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

12  employed, for contractual services provided to the agency,

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

14  cessation of his or her responsibilities. The provisions of

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

16  particular contract if the agency head determines that such

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

18  state.

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

20  shall directly or indirectly procure contractual services for

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

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

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

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

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

26  termination, represent or advise another person or entity,

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

28  participated personally and substantially in his or her

29  official capacity through decision, approval, disapproval,

30  recommendation, rendering of advice, investigation, or

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


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  1  judicial or other proceeding, application, request for a

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

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

  4  action involving a specific party or parties.

  5         (8)(7)  A violation of any provision of this section is

  6  punishable in accordance with s. 112.317.

  7         (9)(8)  This section is not applicable to any employee

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

  9  before December 31, 1994.

10         Section 9.  Section 112.324, Florida Statutes, is

11  amended to read:

12         112.324  Procedures on complaints of violations.--

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

14  prescribed by the commission and signed under oath or

15  affirmation by any person, The commission shall investigate

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

17  of the public trust within the jurisdiction of the commission

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

19  accordance with procedures set forth herein:.

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

21  prescribed by the commission and signed under oath or

22  affirmation by any person;

23         (b)  Upon receipt of reliable and publicly disseminated

24  information which at least seven of the members of the

25  commission deem sufficient to indicate a breach of the public

26  trust, provided that commission staff shall undertake no

27  formal investigation other than collecting publicly

28  disseminated information prior to a determination of

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

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

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


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    CS for CS for SB 368                           First Engrossed



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

  2  the Executive Director of the Department of Law Enforcement,

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

  4  members of the commission deem sufficient to indicate a breach

  5  of the public trust.

  6

  7  Within 5 days after receipt of a complaint or other

  8  information provided under paragraphs (b) or (c), by the

  9  commission a copy shall be transmitted to the alleged

10  violator. All proceedings, the complaint, and other records

11  relating to the preliminary investigation as provided herein,

12  or as provided by a Commission on Ethics and Public Trust

13  established by any county defined in s. 125.011(1), shall be

14  confidential and exempt from the provisions of s. 119.07(1),

15  and s. 24(a), Art. I of the State Constitution, either until

16  the alleged violator requests in writing that such

17  investigation and records be made public records or the

18  preliminary investigation is completed, notwithstanding any

19  provision of chapter 120 or s. 286.011 and s. 24(b), Art. I of

20  the State Constitution. The confidentiality requirements of

21  this section shall not prohibit the commission or its staff

22  from sharing investigative information with criminal

23  investigative agencies. In no event shall a complaint under

24  this part against a candidate in any general, special, or

25  primary election be filed or any intention of filing such a

26  complaint be disclosed on the day of any such election or

27  within the 5 days immediately preceding the date of the

28  election. The confidentiality provisions of this subsection

29  are is repealed October 2, 2002, and must be reviewed by the

30  Legislature before that date in accordance with s. 119.15, the

31  Open Government Sunset Review Act of 1995.


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  1         (2)  A preliminary investigation shall be undertaken by

  2  the commission of each legally sufficient complaint,

  3  information, or referral over which the commission has

  4  jurisdiction to determine whether there is probable cause to

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

  6  the preliminary investigation, the commission finds no

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

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

  9  the commission shall dismiss the complaint or proceeding with

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

11  alleged violator, stating with particularity its reasons for

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

13  proceeding, and all materials relating to the complaint and

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

15  commission finds from the preliminary investigation probable

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

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

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

19  Such notification and all documents made or received in the

20  disposition of the complaint or proceeding shall then become

21  public records. Upon request submitted to the commission in

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

23  believe has violated any provision of this part or has

24  committed any other breach of the public trust shall be

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

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

27  not received within 14 days following the mailing of the

28  probable cause notification required by this subsection.

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

30  public hearing, may conduct such further investigation as it

31  deems necessary, and may enter into such stipulations and


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    CS for CS for SB 368                           First Engrossed



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

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

  3  respondent may voluntarily or involuntarily, enter into a

  4  stipulation or settlement which imposes any penalty,

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

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

  7  imposed only by the appropriate disciplinary authority as

  8  designated in this section.

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

10  Legislature, upon completion of a full and final investigation

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

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

13  the State Constitution, irrespective of whether the violative

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

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

16  complaint, information, or referral and its findings by

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

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

19  shall refer the matter complaint to the appropriate committee

20  for investigation and action which shall be governed by the

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

22  committee to report its final action upon the matter complaint

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

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

25  commission shall submit a recommendation as to what penalty,

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

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

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

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

30  proceedings against impeachable officers, upon completion of a

31  full and final investigation by the commission, the commission


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

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

  3  commission finds that the violation may constitute grounds for

  4  impeachment, the commission shall forward a copy of the

  5  complaint, information, or referral and its findings by

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

  7  who shall refer the matter complaint to the appropriate

  8  committee for investigation and action which shall be governed

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

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

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

12  of transmittal.

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

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

15  the State Constitution by an impeachable officer other than

16  the Governor, and the commission recommends public censure and

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

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

19  findings and recommendation of disciplinary action to the

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

21  provisions of this part.

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

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

24  the State Constitution by the Governor, and the commission

25  recommends public censure and reprimand, forfeiture of a

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

27  restitution, the commission shall report its findings and

28  recommendation of disciplinary action to the Attorney General,

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

30  this part.

31


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

  2  complaints other than complaints against impeachable officers

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

  4  final investigation by the commission, the commission finds

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

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

  7  commission to report its findings and recommend appropriate

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

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

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

11  the appropriate elections official to remove a candidate from

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

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

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

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

16  Public Counsel, members of the Public Service Commission,

17  members of the Public Service Commission Nominating Council,

18  the Auditor General, members of the Legislative Committee on

19  Intergovernmental Relations, or members of the Advisory

20  Council on Environmental Education.

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

22  employee of the judicial branch.

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

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

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

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

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

28  the Legislature whose members are appointed solely by the

29  President and the Speaker or in any case concerning an

30  employee of the Public Counsel, Public Service Commission,

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  1  Auditor General, Legislative Committee on Intergovernmental

  2  Relations, or Advisory Council on Environmental Education.

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

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

  5  employee, former public officer or public employee, candidate,

  6  or former candidate.

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

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

  9  concerning a former member of the Legislature who has violated

10  a provision applicable to former members or whose violation

11  occurred while a member of the Legislature.

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

13  proper disciplinary body or official, the commission shall

14  report these findings to the state attorney or any other

15  appropriate official or agency having authority to initiate

16  prosecution when violation of criminal law is indicated.

17         (9)  Notwithstanding the foregoing procedures of this

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

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

20  8, Art. II of the State Constitution shall be filed with the

21  President of the Senate and the Speaker of the House of

22  Representatives.  Each presiding officer shall, after

23  determining that there are sufficient grounds for review,

24  appoint three members of their respective bodies to a special

25  joint committee who shall investigate the complaint.  The

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

27  special joint committee finds insufficient evidence to

28  establish probable cause to believe a violation of this part

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

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

31  preliminary investigation, the committee finds sufficient


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  1  evidence to establish probable cause to believe a violation

  2  has occurred, the chair thereof shall transmit such findings

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

  4  the President of the Senate, the Speaker of the House of

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

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

  7  appropriate, consistent with the penalty provisions of this

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

  9  President of the Senate, the Speaker of the House of

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

11  the special joint committee shall submit a recommendation as

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

13         (10)(a)  Notwithstanding the provisions of subsections

14  (1)-(7), the commission may, at its discretion, dismiss any

15  complaint or proceeding at any stage of disposition should it

16  determine that the public interest would not be served by

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

18  public report stating with particularity its reasons for the

19  dismissal.  The investigation of facts and parties materially

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

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

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

23  alleged violations occurring after May 24, 1991.

24         (b)  If the commission undertakes to investigate a

25  reporting individual for failing to properly report under s.

26  8, Art. II of the State Constitution, s. 112.3144, or s.

27  112.3145 and the investigation reveals and the commission

28  finds that the error was technical or minor in nature, the

29  commission may notify the respondent of the error and may

30  request that an amended report correcting the error be filed

31  with the commission and the filing officer within 10 days


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  1  after the respondent receives the notice. The commission shall

  2  dismiss the matter without further proceedings if:

  3         1.  The reporting individual timely files an amended

  4  report correcting the error;

  5         2.  The commission has not determined that the

  6  reporting individual has previously violated s. 8, Art. II of

  7  the State Constitution, s. 112.3144, or s. 112.3145; and

  8         3.  The reporting individual has not previously filed

  9  or been asked to file an amended report under this paragraph.

10         Section 10.  Section 914.21, Florida Statutes, is

11  amended to read:

12         914.21  Definitions.--As used in ss. 914.22-914.24, the

13  term:

14         (1)  "Bodily injury" means:

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

16         (b)  Physical pain;

17         (c)  Illness;

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

19  organ, or mental faculty; or

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

21  temporary.

22         (2)  "Misleading conduct" means:

23         (a)  Knowingly making a false statement;

24         (b)  Intentionally omitting information from a

25  statement and thereby causing a portion of such statement to

26  be misleading, or intentionally concealing a material fact and

27  thereby creating a false impression by such statement;

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

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

30  forged, altered, or otherwise lacking in authenticity;

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

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

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

  4  material respect; or

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

  6  intent to mislead.

  7         (3)  "Official investigation" means any investigation

  8  instituted by a law enforcement agency or prosecuting officer

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

10  investigation conducted by the Florida Commission on Ethics.

11         (4)  "Official proceeding" means:

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

13  jury;

14         (b)  A proceeding before the Legislature; or

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

16  authorized by law; or.

17         (d)  A proceeding before the Florida Commission on

18  Ethics.

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

20  another and includes confinement.

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

22  Statutes, is repealed.

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

24  Statutes, is amended to read:

25         440.442  Code of Judicial Conduct.--The Chief Judge,

26  and judges of compensation claims shall observe and abide by

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

28  material violation of a provision of the Code of Judicial

29  Conduct shall constitute either malfeasance or misfeasance in

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

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


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

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

  3  appearance of influence or impropriety. A judge should

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

  5  the State Constitution, and should publicly report gifts.

  6         (a)  Compensation for quasi-judicial and extrajudicial

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

  8  compensation and reimbursement of expenses for the

  9  quasi-judicial and extrajudicial activities permitted by this

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

11  appearance of influencing the judge in his or her judicial

12  duties or otherwise give the impression of impropriety subject

13  to the following restrictions:

14         1.  Compensation:  Compensation should not exceed a

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

16  not a judge would receive for the same activity.

17         2.  Expense reimbursement:  Expense reimbursement

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

19  lodging reasonably incurred by the judge and, where

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

21  in excess of such an amount is compensation.

22         (b)  Public financial reporting.--

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

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

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

26  Constitution. The form for public financial disclosure shall

27  be that recommended or adopted by the Florida Commission on

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

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

30  State on the date prescribed by law.

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

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

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

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

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

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

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

  8  839.10, Florida Statutes, are repealed.

  9         Section 14.  Section 112.3232, Florida Statutes, is

10  created to read:

11         112.3232  Compelled testimony.--If any person called to

12  give evidence in a commission proceeding shall refuse to give

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

14  the commission, with the written authorization of the

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

16  the appropriate judicial circuit for a judicial grant of

17  immunity ordering the testimony or other evidence of such

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

19  no testimony or other information compelled under the order,

20  or any information directly or indirectly derived from such

21  testimony or other information, may be used against the

22  witness in any criminal proceeding.

23         Section 15.  Section 112.31905, Florida Statutes, is

24  created to read:

25         112.31905  Educational requirements for elected public

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

27  appointed to hold elective public office shall, within the

28  first year following his or her election or appointment to

29  office and every 4 years thereafter:

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

31  regarding the requirements of this part, the public records


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

  2  and chapter 838.

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

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

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

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

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

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

  9  interests under s. 112.3145.

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

11  Statutes, is amended to read:

12         112.322  Duties and powers of commission.--

13         (7)  The commission may prepare materials designed to

14  assist persons in complying with the provisions of this part

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

16  authorized to work with other agencies of state and local

17  government and private organizations to develop and

18  disseminate ethics training materials and programs, including,

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

20  public officials to comply with the education requirements of

21  s. 112.31905.

22         Section 17.  The provisions of this act requiring a

23  person to file a final disclosure statement within 60 days

24  after leaving his or her public position, including the

25  notification requirements relating to final filings, apply to

26  persons leaving office or employment on or after the date this

27  act becomes a law. 

28         Section 18.  Section 112.3147, Florida Statutes, is

29  amended to read:

30         112.3147  Forms.--

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  1         (1)  All information required to be furnished by ss.

  2  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149,

  3  and 112.31905 and by s. 8, Art. II of the State Constitution

  4  shall be on forms prescribed by the Commission on Ethics.

  5         (2)(a)  With respect to reporting assets valued in

  6  excess of $1,000 on forms prescribed pursuant to s. 112.3144

  7  which the reporting individual holds jointly with another

  8  person, the amount reported shall be based on the reporting

  9  individual's legal percentage of ownership in the property,

10  except that assets held jointly with the reporting

11  individual's spouse shall be reported at 100 percent of the

12  value of the asset. For purposes of this subsection, a

13  reporting individual is deemed to own an interest in a

14  partnership which corresponds to the reporting individual's

15  interest in the capital or equity of the partnership.

16         (2)(b)1.  With respect to reporting liabilities valued

17  in excess of $1,000 on forms prescribed pursuant to s.

18  112.3144 for which the reporting individual is jointly and

19  severally liable, the amount reported shall be based upon the

20  reporting individual's percentage of liability rather than the

21  total amount of the liability, except, a joint and several

22  liability with the reporting individual's spouse for a debt

23  which relates to property owned by both as tenants by the

24  entirety shall be reported at 100 percent of the total amount

25  owed.

26         2.  A separate section of the form shall be created to

27  provide for the reporting of the amounts of joint and several

28  liability of the reporting individual not otherwise reported

29  in paragraph (a).

30

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  1         Section 19.  The sum of $193,950 is appropriated from

  2  the General Revenue Fund to the Commission on Ethics to

  3  administer the responsibilities imposed upon it by this act.

  4         Section 20.  This act, except for this section and

  5  section 17, which shall take effect upon becoming law, shall

  6  take effect January 1, 2001.

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