Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1377, 2nd Eng.
                        Barcode 785664
                            CHAMBER ACTION
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Present subsections (2) and (3) of section
18  104.31, Florida Statutes, are redesignated as subsections (3)
19  and (4), respectively, and a new subsection (2) is added to
20  that section, to read:
21         104.31  Political activities of state, county, and
22  municipal officers and employees.--
23         (2)  An employee of the state or any political
24  subdivision may not participate in any political campaign for
25  an elective office while on duty or within any period of time
26  during which the employee is expected to perform services for
27  which he or she receives compensation from the state or a
28  political subdivision.
29         Section 2.  Subsection (8), paragraph (a) of subsection
30  (9), paragraph (b) of subsection (12), and subsection (14) of
31  section 112.313, Florida Statutes, are amended to read:
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 112.313 Standards of conduct for public officers, 2 employees of agencies, and local government attorneys.-- 3 (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.--No 4 current or former public officer, employee of an agency, or 5 local government attorney shall disclose or use information 6 not available to members of the general public and gained by 7 reason of his or her official position, except for information 8 relating exclusively to governmental practices, for his or her 9 personal gain or benefit or for the personal gain or benefit 10 of any other person or business entity. 11 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT 12 FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- 13 (a)1. It is the intent of the Legislature to implement 14 by statute the provisions of s. 8(e), Art. II of the State 15 Constitution relating to legislators, statewide elected 16 officers, appointed state officers, and designated public 17 employees. 18 2. As used in this paragraph: 19 a. "Employee" means: 20 (I) Any person employed in the executive or 21 legislative branch of government holding a position in the 22 Senior Management Service as defined in s. 110.402 or any 23 person holding a position in the Selected Exempt Service as 24 defined in s. 110.602 or any person having authority over 25 policy or procurement employed by the Department of the 26 Lottery. 27 (II) The Auditor General, the director of the Office 28 of Program Policy Analysis and Government Accountability, the 29 Sergeant at Arms and Secretary of the Senate, and the Sergeant 30 at Arms and Clerk of the House of Representatives. 31 (III) The executive director of the Legislative 2 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 Committee on Intergovernmental Relations and the executive 2 director and deputy executive director of the Commission on 3 Ethics. 4 (IV) An executive director, staff director, or deputy 5 staff director of each joint committee, standing committee, or 6 select committee of the Legislature; an executive director, 7 staff director, executive assistant, analyst, or attorney of 8 the Office of the President of the Senate, the Office of the 9 Speaker of the House of Representatives, the Senate Majority 10 Party Office, Senate Minority Party Office, House Majority 11 Party Office, or House Minority Party Office; or any person, 12 hired on a contractual basis, having the power normally 13 conferred upon such persons, by whatever title. 14 (V) The Chancellor and Vice Chancellors of the State 15 University System; the general counsel to the Board of 16 Regents; and the president, vice presidents, and deans of each 17 state university. 18 (VI) Any person, including an other-personal-services 19 employee, having the power normally conferred upon the 20 positions referenced in this sub-subparagraph. 21 b. "Appointed state officer" means any member of an 22 appointive board, commission, committee, council, or authority 23 of the executive or legislative branch of state government 24 whose powers, jurisdiction, and authority are not solely 25 advisory and include the final determination or adjudication 26 of any personal or property rights, duties, or obligations, 27 other than those relative to its internal operations. 28 c. "State agency" means an entity of the legislative, 29 executive, or judicial branch of state government over which 30 the Legislature exercises plenary budgetary and statutory 31 control. 3 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 3. No member of the Legislature, appointed state 2 officer, or statewide elected officer shall personally 3 represent another person or entity for compensation before the 4 government body or agency of which the individual was an 5 officer or member for a period of 2 years following vacation 6 of office. No member of the Legislature shall personally 7 represent another person or entity for compensation during his 8 or her term of office before any state agency other than 9 judicial tribunals or in settlement negotiations after the 10 filing of a lawsuit. 11 4. No agency employee shall personally represent 12 another person or entity for compensation before the agency 13 with which he or she was employed for a period of 2 years 14 following vacation of position, unless employed by another 15 agency of state government. 16 5. Any person violating this paragraph shall be 17 subject to the penalties provided in s. 112.317 and a civil 18 penalty of an amount equal to the compensation which the 19 person receives for the prohibited conduct. 20 6. This paragraph is not applicable to: 21 a. A person employed by the Legislature or other 22 agency prior to July 1, 1989; 23 b. A person who was employed by the Legislature or 24 other agency on July 1, 1989, whether or not the person was a 25 defined employee on July 1, 1989; 26 c. A person who was a defined employee of the State 27 University System or the Public Service Commission who held 28 such employment on December 31, 1994; 29 d. A person who has reached normal retirement age as 30 defined in s. 121.021(29), and who has retired under the 31 provisions of chapter 121 by July 1, 1991; or 4 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 e. Any appointed state officer whose term of office 2 began before January 1, 1995, unless reappointed to that 3 office on or after January 1, 1995; or. 4 f. An agency employee whose position was transferred 5 from the Career Service System to the Selected Exempt Service 6 System under chapter 2001-43, Laws of Florida. 7 (12) EXEMPTION.--The requirements of subsections (3) 8 and (7) as they pertain to persons serving on advisory boards 9 may be waived in a particular instance by the body which 10 appointed the person to the advisory board, upon a full 11 disclosure of the transaction or relationship to the 12 appointing body prior to the waiver and an affirmative vote in 13 favor of waiver by two-thirds vote of that body. In instances 14 in which appointment to the advisory board is made by an 15 individual, waiver may be effected, after public hearing, by a 16 determination by the appointing person and full disclosure of 17 the transaction or relationship by the appointee to the 18 appointing person. In addition, no person shall be held in 19 violation of subsection (3) or subsection (7) if: 20 (b) The business is awarded under a system of sealed, 21 competitive bidding to the lowest or best bidder and: 22 1. The official or the official's spouse or child has 23 in no way participated in the determination of the bid 24 specifications or the determination of the lowest or best 25 bidder; 26 2. The official or the official's spouse or child has 27 in no way used or attempted to use the official's influence to 28 persuade the agency or any personnel thereof to enter such a 29 contract other than by the mere submission of the bid; and 30 3. The official, prior to or at the time of the 31 submission of the bid, has filed a statement with the 5 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 Commission on Ethics Department of State, if the official is a 2 state officer or employee, or with the supervisor of elections 3 of the county in which the agency has its principal office, if 4 the official is an officer or employee of a political 5 subdivision, disclosing the official's interest, or the 6 interest of the official's spouse or child, and the nature of 7 the intended business. 8 (14) LOBBYING BY FORMER LOCAL OFFICERS; 9 PROHIBITION.--A person who has been elected to any county, 10 municipal, special district, or school district office may not 11 personally represent another person or entity for compensation 12 before the government governing body or agency of which the 13 person was an officer for a period of 2 years after vacating 14 that office. 15 Section 3. Present subsections (4), (5), and (6) of 16 section 112.3144, Florida Statutes, are redesignated as 17 subsections (5), (6), and (7), respectively, and a new 18 subsection (4) is added to that section, to read: 19 112.3144 Full and public disclosure of financial 20 interests.-- 21 (4)(a) With respect to reporting assets valued in 22 excess of $1,000 on forms prescribed under this section which 23 the reporting individual holds jointly with another person, 24 the amount reported shall be based on the reporting 25 individual's legal percentage of ownership in the property. 26 However, assets that are held jointly, with right of 27 survivorship, must be reported at 100 percent of the value of 28 the asset. For purposes of this subsection, a reporting 29 individual is deemed to own a percentage of a partnership 30 which is equal to the reporting individual's interest in the 31 capital or equity of the partnership. 6 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 (b)1. With respect to reporting liabilities valued in 2 excess of $1,000 on forms prescribed under this section for 3 which the reporting individual is jointly and severally 4 liable, the amount reported shall be based on the reporting 5 individual's percentage of liability rather than the total 6 amount of the liability. However, liability for a debt that is 7 secured by property owned by the reporting individual but that 8 is held jointly, with right of survivorship, must be reported 9 at 100 percent of the total amount owed. 10 2. A separate section of the form shall be created to 11 provide for the reporting of the amounts of joint and several 12 liability of the reporting individual not otherwise reported 13 in subparagraph 1. 14 Section 4. Paragraph (c) of subsection (6) of section 15 112.3145, Florida Statutes, is amended to read: 16 112.3145 Disclosure of financial interests and clients 17 represented before agencies.-- 18 (6) Forms for compliance with the disclosure 19 requirements of this section and a current list of persons 20 subject to disclosure shall be created by the commission and 21 provided to each supervisor of elections. The commission and 22 each supervisor of elections shall give notice of disclosure 23 deadlines and delinquencies and distribute forms in the 24 following manner: 25 (c) Not later than 30 days after July 1 of each year, 26 the commission and each supervisor of elections shall 27 determine which persons required to file a statement of 28 financial interests in their respective offices have failed to 29 do so and shall send delinquency notices by certified mail, 30 return receipt requested, to these such persons. Each notice 31 shall state that a grace period is in effect until September 1 7 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 of the current year; that no investigative or disciplinary 2 action based upon the delinquency will be taken by the agency 3 head or commission if the statement is filed by September 1 of 4 the current year; that, if the statement is not filed by 5 September 1 of the current year, a fine of $25 for each day 6 late will be imposed, up to a maximum penalty of $1,500; for 7 notices sent by a supervisor of elections, that he or she is 8 required by law to notify the commission of the delinquency; 9 and that, if upon the filing of a sworn complaint the 10 commission finds that the person has failed to timely file the 11 statement within 60 days after September 1 of the current 12 year, such person will also be subject to the penalties 13 provided in s. 112.317. 14 Section 5. Section 112.3147, Florida Statutes, is 15 amended to read: 16 112.3147 Forms.-- 17 (1) All information required to be furnished by ss. 18 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149 19 and by s. 8, Art. II of the State Constitution shall be on 20 forms prescribed by the Commission on Ethics. 21 (2)(a) With respect to reporting assets valued in 22 excess of $1,000 on forms prescribed pursuant to s. 112.3144 23 which the reporting individual holds jointly with another 24 person, the amount reported shall be based on the reporting 25 individual's legal percentage of ownership in the property, 26 except that assets held jointly with the reporting 27 individual's spouse shall be reported at 100 percent of the 28 value of the asset. For purposes of this subsection, a 29 reporting individual is deemed to own an interest in a 30 partnership which corresponds to the reporting individual's 31 interest in the capital or equity of the partnership. 8 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 (b)1. With respect to reporting liabilities valued in 2 excess of $1,000 on forms prescribed pursuant to s. 112.3144 3 for which the reporting individual is jointly and severally 4 liable, the amount reported shall be based upon the reporting 5 individual's percentage of liability rather than the total 6 amount of the liability, except, a joint and several liability 7 with the reporting individual's spouse for a debt which 8 relates to property owned by both as tenants by the entirety 9 shall be reported at 100 percent of the total amount owed. 10 2. A separate section of the form shall be created to 11 provide for the reporting of the amounts of joint and several 12 liability of the reporting individual not otherwise reported 13 in paragraph (a). 14 Section 6. Paragraph (d) of subsection (6) and 15 subsection (8) of section 112.3148, Florida Statutes, are 16 amended to read: 17 112.3148 Reporting and prohibited receipt of gifts by 18 individuals filing full or limited public disclosure of 19 financial interests and by procurement employees.-- 20 (6) 21 (d) No later than July 1 of each year, each reporting 22 individual or procurement employee shall file a statement 23 listing each gift having a value in excess of $100 received by 24 the reporting individual or procurement employee, either 25 directly or indirectly, from a governmental entity or a 26 direct-support organization specifically authorized by law to 27 support a governmental entity. The statement shall list the 28 name of the person providing the gift, a description of the 29 gift, the date or dates on which the gift was given, and the 30 value of the total gifts given during the calendar year for 31 which the report is made. The reporting individual or 9 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 procurement employee shall attach to the such statement any 2 report received by him or her in accordance with paragraph 3 (c), which report shall become a public record when filed with 4 the statement of the reporting individual or procurement 5 employee. The reporting individual or procurement employee may 6 explain any differences between the report of the reporting 7 individual or procurement employee and the attached reports. 8 The annual report filed by a reporting individual shall be 9 filed with the financial disclosure statement required by 10 either s. 8, Art. II of the State Constitution or s. 112.3145, 11 as applicable to the reporting individual. The annual report 12 filed by a procurement employee shall be filed with the 13 Commission on Ethics. The report filed by a reporting 14 individual or procurement employee who left office or 15 employment during the calendar year covered by the report 16 shall be filed by July 1 of the year after leaving office or 17 employment at the same location as his or her final financial 18 disclosure statement or, in the case of a former procurement 19 employee, with the Commission on Ethics. 20 (8)(a) Each reporting individual or procurement 21 employee shall file a statement with the Commission on Ethics 22 not later than on the last day of each calendar quarter, for 23 the previous calendar quarter, containing a list of gifts 24 which he or she believes to be in excess of $100 in value, if 25 any, accepted by him or her, for which compensation was not 26 provided by the donee to the donor within 90 days of receipt 27 of the gift to reduce the value to $100 or less, except the 28 following: 29 1. Gifts from relatives. 30 2. Gifts prohibited by subsection (4) or s. 31 112.313(4). 10 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 3. Gifts otherwise required to be disclosed by this 2 section. 3 (b) The statement shall include: 4 1. A description of the gift, the monetary value of 5 the gift, the name and address of the person making the gift, 6 and the dates thereof. If any of these facts, other than the 7 gift description, are unknown or not applicable, the report 8 shall so state. 9 2. A copy of any receipt for such gift provided to the 10 reporting individual or procurement employee by the donor. 11 (c) The statement may include an explanation of any 12 differences between the reporting individual's or procurement 13 employee's statement and the receipt provided by the donor. 14 (d) The reporting individual's or procurement 15 employee's statement shall be sworn to by such person as being 16 a true, accurate, and total listing of all such gifts. 17 (e) Statements must be filed not later than 5 p.m. of 18 the due date. However, any statement that is postmarked by the 19 United States Postal Service by midnight of the due date is 20 deemed to have been filed in a timely manner, and a 21 certificate of mailing obtained from and dated by the United 22 States Postal Service at the time of the mailing, or a receipt 23 from an established courier company which bears a date on or 24 before the due date, constitutes proof of mailing in a timely 25 manner. 26 (f)(e) If a reporting individual or procurement 27 employee has not received any gifts described in paragraph (a) 28 during a calendar quarter, he or she is not required to file a 29 statement under this subsection for that calendar quarter. 30 Section 7. Subsection (6) of section 112.3149, Florida 31 Statutes, is amended to read: 11 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 112.3149 Solicitation and disclosure of honoraria.-- 2 (6) A reporting individual or procurement employee who 3 receives payment or provision of expenses related to any 4 honorarium event from a person who is prohibited by subsection 5 (4) from paying an honorarium to a reporting individual or 6 procurement employee shall publicly disclose on an annual 7 statement the name, address, and affiliation of the person 8 paying or providing the expenses; the amount of the honorarium 9 expenses; the date of the honorarium event; a description of 10 the expenses paid or provided on each day of the honorarium 11 event; and the total value of the expenses provided to the 12 reporting individual or procurement employee in connection 13 with the honorarium event. The annual statement of honorarium 14 expenses shall be filed by July 1 of each year for those such 15 expenses received during the previous calendar year. The 16 reporting individual or procurement employee shall attach to 17 the annual statement a copy of each statement received by him 18 or her in accordance with subsection (5) regarding honorarium 19 expenses paid or provided during the calendar year for which 20 the annual statement is filed. The Such attached statement 21 shall become a public record upon the filing of the annual 22 report. The annual statement of a reporting individual shall 23 be filed with the financial disclosure statement required by 24 either s. 8, Art. II of the State Constitution or s. 112.3145, 25 as applicable to the reporting individual. The annual 26 statement of a procurement employee shall be filed with the 27 Commission on Ethics. The statement filed by a reporting 28 individual or procurement employee who left office or 29 employment during the calendar year covered by the statement 30 shall be filed by July 1 of the year after leaving office or 31 employment at the same location as his or her final financial 12 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 disclosure statement or, in the case of a former procurement 2 employee, with the Commission on Ethics. 3 Section 8. Subsections (1), (2), (6), (7), and (8) of 4 section 112.317, Florida Statutes, is amended to read: 5 112.317 Penalties.-- 6 (1) Violation of any provision of this part, 7 including, but not limited to, any failure to file any 8 disclosures required by this part or violation of any standard 9 of conduct imposed by this part, or violation of any provision 10 of s. 8, Art. II of the State Constitution, in addition to any 11 criminal penalty or other civil penalty involved, shall, under 12 pursuant to applicable constitutional and statutory 13 procedures, constitute grounds for, and may be punished by, 14 one or more of the following: 15 (a) In the case of a public officer: 16 1. Impeachment. 17 2. Removal from office. 18 3. Suspension from office. 19 4. Public censure and reprimand. 20 5. Forfeiture of no more than one-third salary per 21 month for no more than 12 months. 22 6. A civil penalty not to exceed $10,000. 23 7. Restitution of any pecuniary benefits received 24 because of the violation committed. The commission may 25 recommend that the restitution penalty be paid to the agency 26 of which the public officer was a member or to the General 27 Revenue Fund. 28 (b) In the case of an employee or a person designated 29 as a public officer by this part who otherwise would be deemed 30 to be an employee: 31 1. Dismissal from employment. 13 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 2. Suspension from employment for not more than 90 2 days without pay. 3 3. Demotion. 4 4. Reduction in salary level. 5 5. Forfeiture of no more than one-third salary per 6 month for no more than 12 months. 7 6. A civil penalty not to exceed $10,000. 8 7. Restitution of any pecuniary benefits received 9 because of the violation committed. The commission may 10 recommend that the restitution penalty be paid to the agency 11 by which the public employee was employed, or of which the 12 officer was deemed to be an employee, or to the General 13 Revenue Fund. 14 8. Public censure and reprimand. 15 (c) In the case of a candidate who violates the 16 provisions of this part or s. 8(a) and (i), Art. II of the 17 State Constitution: 18 1. Disqualification from being on the ballot. 19 2. Public censure. 20 3. Reprimand. 21 4. A civil penalty not to exceed $10,000. 22 (d) In the case of a former public officer or employee 23 who has violated a provision applicable to former officers or 24 employees or whose violation occurred before the prior to such 25 officer's or employee's leaving public office or employment: 26 1. Public censure and reprimand. 27 2. A civil penalty not to exceed $10,000. 28 3. Restitution of any pecuniary benefits received 29 because of the violation committed. The commission may 30 recommend that the restitution penalty be paid to the agency 31 of the public officer or employee or to the General Revenue 14 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 Fund. 2 (2) In any case in which the commission finds a 3 violation of this part or of s. 8, Art. II of the State 4 Constitution and the proper disciplinary official or body 5 under s. 112.324 imposes recommends a civil penalty or 6 restitution penalty, the Attorney General shall bring a civil 7 action to recover such penalty. No defense may be raised in 8 the civil action to enforce the civil penalty or order of 9 restitution that could have been raised by judicial review of 10 the administrative findings and recommendations of the 11 commission by certiorari to the district court of appeal. The 12 Attorney General shall collect any costs, attorney's fees, 13 expert witness fees, or other costs of collection incurred in 14 bringing the action. 15 (6) Any person who willfully discloses, or permits to 16 be disclosed, his or her intention to file a complaint, the 17 existence or contents of a complaint which has been filed with 18 the commission, or any document, action, or proceeding in 19 connection with a confidential preliminary investigation of 20 the commission, before such complaint, document, action, or 21 proceeding becomes a public record as provided herein commits 22 a misdemeanor of the first degree, punishable as provided in 23 s. 775.082 or s. 775.083. 24 (6)(7) In any case in which the commission finds 25 probable cause to believe that a complainant has committed 26 perjury in regard to any document filed with, or any testimony 27 given before, the commission, it shall refer such evidence to 28 the appropriate law enforcement agency for prosecution and 29 taxation of costs. 30 (7)(8) In any case in which the commission determines 31 that a person has filed a complaint against a public officer 15 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 or employee with a malicious intent to injure the reputation 2 of such officer or employee by filing the complaint with 3 knowledge that the complaint contains one or more false 4 allegations or with reckless disregard for whether the 5 complaint contains false allegations of fact material to a 6 violation of this part, the complainant shall be liable for 7 costs plus reasonable attorney's fees incurred in the defense 8 of the person complained against, including the costs and 9 reasonable attorney's fees incurred in proving entitlement to 10 and the amount of costs and fees. If the complainant fails to 11 pay such costs and fees voluntarily within 30 days following 12 such finding by the commission, the commission shall forward 13 such information to the Department of Legal Affairs, which 14 shall bring a civil action in a court of competent 15 jurisdiction to recover the amount of such costs and fees 16 awarded by the commission. 17 Section 9. Section 112.3185, Florida Statutes, is 18 amended to read: 19 112.3185 Additional standards for state agency 20 employees Contractual services.-- 21 (1) For the purposes of this section: 22 (a) "Contractual services" shall be defined as set 23 forth in chapter 287. 24 (b) "Agency" means any state officer, department, 25 board, commission, or council of the executive or judicial 26 branch of state government and includes the Public Service 27 Commission. 28 (2) No agency employee who participates through 29 decision, approval, disapproval, recommendation, preparation 30 of any part of a purchase request, influencing the content of 31 any specification or procurement standard, rendering of 16 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 advice, investigation, or auditing or in any other advisory 2 capacity in the procurement of contractual services shall 3 become or be, while an agency employee, the employee of a 4 person contracting with the agency by whom the employee is 5 employed. 6 (3) No agency employee shall, after retirement or 7 termination, have or hold any employment or contractual 8 relationship with any business entity other than an agency in 9 connection with any contract in which the agency employee 10 participated personally and substantially through decision, 11 approval, disapproval, recommendation, rendering of advice, or 12 investigation while an officer or employee. When the agency 13 employee's position is eliminated and his or her duties are 14 performed by the business entity, this subsection does not 15 prohibit him or her from employment or contractual 16 relationship with the business entity if the employee's 17 participation in the contract was limited to recommendation, 18 rendering of advice, or investigation and if the agency head 19 determines that the best interests of the state will be served 20 thereby and provides prior written approval for the particular 21 employee. 22 (4) No agency employee shall, within 2 years after 23 retirement or termination, have or hold any employment or 24 contractual relationship with any business entity other than 25 an agency in connection with any contract for contractual 26 services which was within his or her responsibility while an 27 employee. If the agency employee's position is eliminated and 28 his or her duties are performed by the business entity, the 29 provisions of this subsection may be waived by the agency head 30 through prior written approval for a particular employee if 31 the agency head determines that the best interests of the 17 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 state will be served thereby. 2 (5) The sum of money paid to a former agency employee 3 during the first year after the cessation of his or her 4 responsibilities, by the agency with whom he or she was 5 employed, for contractual services provided to the agency, 6 shall not exceed the annual salary received on the date of 7 cessation of his or her responsibilities. The provisions of 8 This subsection may be waived by the agency head for a 9 particular contract if the agency head determines that such 10 waiver will result in significant time or cost savings for the 11 state. 12 (6) No agency employee shall, after retirement or 13 termination, represent or advise another person or entity, 14 except the state, in any matter in which the employee 15 participated personally in his or her official capacity 16 through decision, approval, disapproval, recommendation, 17 rendering of advice, investigation, or otherwise while an 18 employee. The term "matter" includes any judicial or other 19 proceeding, application, request for a ruling, or other 20 determination, contract, claim, controversy, investigation, 21 charge, accusation, arrest, or other particular action 22 involving a specific party or parties. 23 (7)(6) No agency employee acting in an official 24 capacity shall directly or indirectly procure contractual 25 services for his or her own agency from any business entity of 26 which a relative is an officer, partner, director, or 27 proprietor or in which the such officer or employee or his or 28 her spouse or child, or any combination of them, has a 29 material interest. 30 (8)(7) A violation of any provision of this section is 31 punishable in accordance with s. 112.317. 18 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 (9)(8) This section is not applicable to any employee 2 of the Public Service Commission who was so employed on or 3 before December 31, 1994. 4 Section 10. Subsection (1) of section 112.321, Florida 5 Statutes, is amended to read: 6 112.321 Membership, terms; travel expenses; staff.-- 7 (1) The commission shall be composed of nine members. 8 Five of these members shall be appointed by the Governor, no 9 more than three of whom shall be from the same political 10 party, subject to confirmation by the Senate. One member 11 appointed by the Governor shall be a former city or county 12 official and may be a former member of a local planning or 13 zoning board which has only advisory duties. Two members 14 shall be appointed by the Speaker of the House of 15 Representatives, and two members shall be appointed by the 16 President of the Senate. Neither the Speaker of the House of 17 Representatives nor the President of the Senate shall appoint 18 more than one member from the same political party. Of the 19 nine members of the Commission, no more than five members 20 shall be from the same political party at any one time. No 21 member may hold any public employment. An individual who 22 qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 23 or pursuant to any local government charter or ordinance may 24 not serve as a member of the commission, except that this 25 prohibition does not apply to an individual who is a member of 26 the commission on July 1, 2005, until the expiration of his or 27 her current term. A member of the commission may not lobby any 28 state or local governmental entity as provided in s. 11.045 or 29 s. 112.3215 or as provided by any local government charter or 30 ordinance, except that this prohibition does not apply to an 31 individual who is a member of the commission on July 1, 2005, 19 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 until the expiration of his or her current term. All members 2 shall serve 2-year terms. No member shall serve more than two 3 full terms in succession. Any member of the commission may be 4 removed for cause by majority vote of the Governor, the 5 President of the Senate, the Speaker of the House of 6 Representatives, and the Chief Justice of the Supreme Court. 7 Section 11. Paragraph (f) of subsection (5) of section 8 112.3215, Florida Statutes, is amended to read: 9 112.3215 Lobbyists before the executive branch or the 10 Constitution Revision Commission; registration and reporting; 11 investigation by commission.-- 12 (5) 13 (f) The commission shall provide by rule the grounds 14 for waiving a fine and the procedures a procedure by which a 15 lobbyist who fails to timely file a report shall be notified 16 and assessed fines and the procedure for appealing the fines. 17 The rule shall provide for the following: 18 1. Upon determining that the report is late, the 19 person designated to review the timeliness of reports shall 20 immediately notify the lobbyist as to the failure to timely 21 file the report and that a fine is being assessed for each 22 late day. The fine shall be $50 per day per report for each 23 late day up to a maximum of $5,000 per late report. 24 2. Upon receipt of the report, the person designated 25 to review the timeliness of reports shall determine the amount 26 of the fine due based upon the earliest of the following: 27 a. When a report is actually received by the lobbyist 28 registration and reporting office. 29 b. When the report is postmarked. 30 c. When the certificate of mailing is dated. 31 d. When the receipt from an established courier 20 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 company is dated. 2 3. Such fine shall be paid within 30 days after the 3 notice of payment due is transmitted by the Lobbyist 4 Registration Office, unless appeal is made to the commission. 5 The moneys shall be deposited into the Executive Branch Lobby 6 Registration Trust Fund. 7 4. A fine shall not be assessed against a lobbyist the 8 first time any reports for which the lobbyist is responsible 9 are not timely filed. However, to receive the one-time fine 10 waiver, all reports for which the lobbyist is responsible must 11 be filed within 30 days after the notice that any reports have 12 not been timely filed is transmitted by the Lobbyist 13 Registration Office. A fine shall be assessed for any 14 subsequent late-filed reports. 15 5. Any lobbyist may appeal or dispute a fine, based 16 upon unusual circumstances surrounding the failure to file on 17 the designated due date, and may request and shall be entitled 18 to a hearing before the commission, which shall have the 19 authority to waive the fine in whole or in part for good cause 20 shown. Any such request shall be made within 30 days after the 21 notice of payment due is transmitted by the Lobbyist 22 Registration Office. In such case, the lobbyist shall, within 23 the 30-day period, notify the person designated to review the 24 timeliness of reports in writing of his or her intention to 25 bring the matter before the commission. 26 6. The person designated to review the timeliness of 27 reports shall notify the commission of the failure of a 28 lobbyist to file a report after notice or of the failure of a 29 lobbyist to pay the fine imposed. The registration of a 30 lobbyist who fails to timely pay a fine is automatically 31 suspended until the fine is paid, unless an appeal of the fine 21 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 is pending before the commission. The commission shall provide 2 a written suspension notice to each lobbyist whose 3 registration has been automatically suspended. 4 7. Notwithstanding any provision of chapter 120, any 5 fine imposed under this subsection that is not waived by final 6 order of the commission and that remains unpaid more than 60 7 days after the notice of payment due or more than 60 days 8 after the commission renders a final order on the lobbyist's 9 appeal shall be collected by the Department of Financial 10 Services as a claim, debt, or other obligation owed to the 11 state, and the department may assign the collection of such 12 fine to a collection agent as provided in s. 17.20. 13 Section 12. Subsection (4) of section 112.322, Florida 14 Statutes, is amended to read: 15 112.322 Duties and powers of commission.-- 16 (4) The commission has the power to subpoena, audit, 17 and investigate. The commission may subpoena witnesses and 18 compel their attendance and testimony, administer oaths and 19 affirmations, take evidence, and require by subpoena the 20 production of any books, papers, records, or other items 21 relevant to the performance of the duties of the commission or 22 to the exercise of its powers. The commission may delegate to 23 its investigators the authority to administer oaths and 24 affirmations. The commission may delegate the authority to 25 issue subpoenas to its chair, and may authorize its employees 26 to serve any subpoena issued under this section. In the case 27 of a refusal to obey a subpoena issued to any person, the 28 commission may make application to any circuit court of this 29 state which shall have jurisdiction to order the witness to 30 appear before the commission and to produce evidence, if so 31 ordered, or to give testimony touching on the matter in 22 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 question. Failure to obey the order may be punished by the 2 court as contempt. Witnesses shall be paid mileage and 3 witnesses fees as authorized for witnesses in civil cases, 4 except that a witness who is required to travel outside the 5 county of his or her residence to testify is entitled to per 6 diem and travel expenses at the same rate provided for state 7 employees under s. 112.061, to be paid after the witness 8 appears. 9 Section 13. Subsections (3) and (4) of section 914.21, 10 Florida Statutes, are amended to read: 11 914.21 Definitions.--As used in ss. 914.22-914.24, the 12 term: 13 (3) "Official investigation" means any investigation 14 instituted by a law enforcement agency or prosecuting officer 15 of the state or a political subdivision of the state or the 16 Commission on Ethics. 17 (4) "Official proceeding" means: 18 (a) A proceeding before a judge or court or a grand 19 jury; 20 (b) A proceeding before the Legislature; or 21 (c) A proceeding before a federal agency which is 22 authorized by law. 23 (d) A proceeding before the Commission on Ethics. 24 Section 14. This act shall take effect October 1, 25 2005. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 23 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 and insert: 2 A bill to be entitled 3 An act relating to ethics for public officers 4 and employees; amending s. 104.31, F.S.; 5 prohibiting employees of the state and its 6 political subdivisions from participating in a 7 political campaign during certain time periods; 8 amending s. 112.313, F.S.; prohibiting certain 9 disclosures by a former public officer, agency 10 employee, or local government attorney; 11 redefining the term "employee" to include 12 certain other-personal-services employees for 13 certain postemployment activities; providing an 14 exemption from provisions prohibiting conflicts 15 in employment to a person who, after serving on 16 an advisory board, files a statement with the 17 Commission on Ethics relating to a bid or 18 submission; amending s. 112.3144, F.S.; 19 specifying how assets valued in excess of 20 $1,000 are to be reported by a reporting 21 individual; amending s. 112.3145, F.S.; 22 requiring that a delinquency notice be sent to 23 certain officeholders by certified mail, return 24 receipt requested; revising certain filing 25 deadlines; amending s. 112.3147, F.S.; deleting 26 certain provisions relating to reporting the 27 value of assets; amending s. 112.3148, F.S.; 28 providing requirements for persons who have 29 left office or employment as to filing a report 30 relating to gifts; amending s. 112.3149, F.S.; 31 requiring that a report of honoraria by a 24 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 person who left office or employment be filed 2 by a specified date; amending s. 112.317, F.S.; 3 authorizing the commission to recommend a 4 restitution penalty be paid to the agency or 5 the General Revenue Fund; authorizing the 6 Attorney General to recover costs for filing 7 suit to collect penalties and fines; deleting 8 provisions imposing a penalty for the 9 disclosure of information concerning a 10 complaint or an investigation; amending 11 112.3185, F.S.; providing additional standards 12 for state agency employees relating to 13 procurement of goods and services by a state 14 agency; authorizing an employee whose position 15 was eliminated to engage in certain contractual 16 activities; prohibiting former employees from 17 certain specified activities; amending s. 18 112.321, F.S.; prohibiting an individual who 19 qualifies as a lobbyist from serving on the 20 commission; prohibiting a member of the 21 commission from lobbying any state or local 22 governmental entity; providing exceptions for 23 individuals who are members of the commission 24 on the effective date of the act until the 25 expiration of their current terms; amending s. 26 112.3215, F.S.; requiring the commission to 27 adopt a rule detailing the grounds for waiving 28 a fine and the procedures when a lobbyist fails 29 to timely file his or her report; requiring 30 automatic suspension of a lobbyist's 31 registration if the fine is not timely paid; 25 12:48 PM 05/04/05 h137705e2d-24-c0j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1377, 2nd Eng. Barcode 785664 1 requiring the commission to provide written 2 notice to any lobbyist whose registration is 3 automatically suspended; amending s. 112.322, 4 F.S.; authorizing travel and per diem expenses 5 for certain witnesses; amending s. 914.21, 6 F.S.; redefining the terms "official 7 investigation" and "official proceeding," for 8 purposes of provisions relating to tampering 9 with witnesses, to include an investigation by 10 the Commission on Ethics; providing an 11 effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 12:48 PM 05/04/05 h137705e2d-24-c0j