HB 1377

1	A bill to be entitled
2	An act relating to ethics; amending s. 104.31, F.S.;
3	prohibiting state or political subdivision employees from
4	participating in political campaigns during on-duty hours
5	or certain other hours; amending s. 112.313, F.S.;
6	applying the prohibition on disclosure or use of certain
7	information to former public officers, public employees,
8	and local government attorneys; providing an exception to
9	such prohibition; revising postemployment restrictions to
10	apply to other-personal-services temporary employees;
11	exempting certain agency employees from postemployment
12	restrictions; providing for certain disclosure statements
13	to be filed with the Commission on Ethics instead of the
14	Department of State; revising a prohibition on lobbying by
15	former local officers to preclude representation before
16	the government body or agency an officer has served;
17	providing applicability; amending s. 112.3144, F.S.;
18	providing for reporting of assets held by joint tenancy,
19	joint tenancy with right of survivorship, and partnership
20	and reporting of certain liabilities; amending s.
21	112.3145, F.S.; requiring the commission to send
22	delinquency notices with return receipt requested;
23	reducing the maximum penalty for late-filed statements of
24	financial interests; revising the deadline after the grace
25	period for late-filed statements of financial interests
26	after which a person will become subject to additional
27	penalties; revising the deadline for which county
28	supervisors of elections shall submit to the commission a
29	list of persons who failed to timely file statements of
30	financial interests; authorizing the commission to waive
31	late-filed penalties only upon grounds of inadequate
32	notice; amending s. 112.3147, F.S.; deleting a redundant
33	provision; amending s. 112.3148, F.S.; requiring gift
34	disclosure forms of individuals who left office or
35	employment during the calendar year to be filed by a date
36	certain; allowing quarterly gift disclosure forms to be
37	considered timely filed if postmarked on or before the due
38	date; amending s. 112.3149, F.S.; requiring gift
39	disclosure statements of individuals who left office or
40	employment during the calendar year to be filed by a date
41	certain; amending s. 112.317, F.S.; authorizing the
42	commission to recommend restitution be paid to the agency
43	damaged by the violation or the General Revenue Fund;
44	authorizing the Attorney General to collect certain costs
45	and fees incurred in bringing certain actions; deleting a
46	provision rendering a breach of confidentiality of an
47	ethics proceeding a misdemeanor; amending s. 112.3185,
48	F.S.; providing for certain former agency employees to be
49	employed by or have a contractual relationship with
50	certain business entities; prohibiting a former agency
51	employee from representing a client before the employee's
52	former agency in certain matters; amending s. 112.3215,
53	F.S.; revising the commission's rulemaking authority
54	regarding appeals of certain fines; providing for
55	automatic suspended registration for lobbyists who fail to
56	timely pay a certain fine; providing an exception;
57	amending s. 112.322, F.S.; revising provisions relating to
58	payment of witnesses; amending s. 914.21, F.S.; revising
59	definitions; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Subsections (2) and (3) of section 104.31,
64	Florida Statutes, are renumbered as subsections (3) and (4),
65	respectively, and a new subsection (2) is added to said section,
66	to read:
67	104.31  Political activities of state, county, and
68	municipal officers and employees.--
69	(2)  An employee of the state or any political subdivision
70	may not participate in any political campaign for an elective
71	office while on duty or within any period of time during which
72	he or she receives compensation from the state.
73	Section 2.  Subsections (8), (9), (12), and (14) of section
74	112.313, Florida Statutes, are amended to read:
75	112.313  Standards of conduct for public officers,
76	employees of agencies, and local government attorneys.--
77	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
78	or former public officer, employee of an agency, or local
79	government attorney shall disclose or use information not
80	available to members of the general public and gained by reason
81	of his or her official position, except for information relating
82	exclusively to governmental practices, for his or her personal
83	gain or benefit or for the personal gain or benefit of any other
84	person or business entity.
85	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
86	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
87	(a)1.  It is the intent of the Legislature to implement by
88	statute the provisions of s. 8(e), Art. II of the State
89	Constitution relating to legislators, statewide elected
90	officers, appointed state officers, and designated public
91	employees.
92	2.  As used in this paragraph:
93	a.  "Employee" means:
94	(I)  Any person employed in the executive or legislative
95	branch of government holding a position in the Senior Management
96	Service as defined in s. 110.402 or any person holding a
97	position in the Selected Exempt Service as defined in s. 110.602
98	or any person having authority over policy or procurement
99	employed by the Department of the Lottery.
100	(II)  The Auditor General, the director of the Office of
101	Program Policy Analysis and Government Accountability, the
102	Sergeant at Arms and Secretary of the Senate, and the Sergeant
103	at Arms and Clerk of the House of Representatives.
104	(III)  The executive director of the Legislative Committee
105	on Intergovernmental Relations and the executive director and
106	deputy executive director of the Commission on Ethics.
107	(IV)  An executive director, staff director, or deputy
108	staff director of each joint committee, standing committee, or
109	select committee of the Legislature; an executive director,
110	staff director, executive assistant, analyst, or attorney of the
111	Office of the President of the Senate, the Office of the Speaker
112	of the House of Representatives, the Senate Majority Party
113	Office, Senate Minority Party Office, House Majority Party
114	Office, or House Minority Party Office; or any person, hired on
115	a contractual basis, having the power normally conferred upon
116	such persons, by whatever title.
117	(V)  The Chancellor and Vice Chancellors of the State
118	University System; the general counsel to the Board of Regents;
119	and the president, vice presidents, and deans of each state
120	university.
121	(VI)  Any person, including an other-personal-services
122	temporary employee, having the power normally conferred upon the
123	positions referenced in this sub-subparagraph.
124	b.  "Appointed state officer" means any member of an
125	appointive board, commission, committee, council, or authority
126	of the executive or legislative branch of state government whose
127	powers, jurisdiction, and authority are not solely advisory and
128	include the final determination or adjudication of any personal
129	or property rights, duties, or obligations, other than those
130	relative to its internal operations.
131	c.  "State agency" means an entity of the legislative,
132	executive, or judicial branch of state government over which the
133	Legislature exercises plenary budgetary and statutory control.
134	3.  No member of the Legislature, appointed state officer,
135	or statewide elected officer shall personally represent another
136	person or entity for compensation before the government body or
137	agency of which the individual was an officer or member for a
138	period of 2 years following vacation of office. No member of the
139	Legislature shall personally represent another person or entity
140	for compensation during his or her term of office before any
141	state agency other than judicial tribunals or in settlement
142	negotiations after the filing of a lawsuit.
143	4.  No agency employee shall personally represent another
144	person or entity for compensation before the agency with which
145	he or she was employed for a period of 2 years following
146	vacation of position, unless employed by another agency of state
147	government.
148	5.  Any person violating this paragraph shall be subject to
149	the penalties provided in s. 112.317 and a civil penalty of an
150	amount equal to the compensation which the person receives for
151	the prohibited conduct.
152	6.  This paragraph is not applicable to:
153	a.  A person employed by the Legislature or other agency
154	prior to July 1, 1989;
155	b.  A person who was employed by the Legislature or other
156	agency on July 1, 1989, whether or not the person was a defined
157	employee on July 1, 1989;
158	c.  A person who was a defined employee of the State
159	University System or the Public Service Commission who held such
160	employment on December 31, 1994;
161	d.  A person who has reached normal retirement age as
162	defined in s. 121.021(29), and who has retired under the
163	provisions of chapter 121 by July 1, 1991; or
164	e.  Any appointed state officer whose term of office began
165	before January 1, 1995, unless reappointed to that office on or
166	after January 1, 1995; or
167	f.  An agency employee whose position was transferred from
168	the Career Service System to the Selected Exempt Service
169	pursuant to chapter 2001-43, Laws of Florida.
170	(b)  In addition to the provisions of this part which are
171	applicable to legislators and legislative employees by virtue of
172	their being public officers or employees, the conduct of members
173	of the Legislature and legislative employees shall be governed
174	by the ethical standards provided in the respective rules of the
175	Senate or House of Representatives which are not in conflict
176	herewith.
177	(12)  EXEMPTION.--The requirements of subsections (3) and
178	(7) as they pertain to persons serving on advisory boards may be
179	waived in a particular instance by the body which appointed the
180	person to the advisory board, upon a full disclosure of the
181	transaction or relationship to the appointing body prior to the
182	waiver and an affirmative vote in favor of waiver by two-thirds
183	vote of that body. In instances in which appointment to the
184	advisory board is made by an individual, waiver may be effected,
185	after public hearing, by a determination by the appointing
186	person and full disclosure of the transaction or relationship by
187	the appointee to the appointing person. In addition, no person
188	shall be held in violation of subsection (3) or subsection (7)
189	if:
190	(a)  Within a city or county the business is transacted
191	under a rotation system whereby the business transactions are
192	rotated among all qualified suppliers of the goods or services
193	within the city or county.
194	(b)  The business is awarded under a system of sealed,
195	competitive bidding to the lowest or best bidder and:
196	1.  The official or the official's spouse or child has in
197	no way participated in the determination of the bid
198	specifications or the determination of the lowest or best
199	bidder;
200	2.  The official or the official's spouse or child has in
201	no way used or attempted to use the official's influence to
202	persuade the agency or any personnel thereof to enter such a
203	contract other than by the mere submission of the bid; and
204	3.  The official, prior to or at the time of the submission
205	of the bid, has filed a statement with the Commission on Ethics
206	Department of State, if the official is a state officer or
207	employee, or with the supervisor of elections of the county in
208	which the agency has its principal office, if the official is an
209	officer or employee of a political subdivision, disclosing the
210	official's interest, or the interest of the official's spouse or
211	child, and the nature of the intended business.
212	(c)  The purchase or sale is for legal advertising in a
213	newspaper, for any utilities service, or for passage on a common
214	carrier.
215	(d)  An emergency purchase or contract which would
216	otherwise violate a provision of subsection (3) or subsection
217	(7) must be made in order to protect the health, safety, or
218	welfare of the citizens of the state or any political
219	subdivision thereof.
220	(e)  The business entity involved is the only source of
221	supply within the political subdivision of the officer or
222	employee and there is full disclosure by the officer or employee
223	of his or her interest in the business entity to the governing
224	body of the political subdivision prior to the purchase, rental,
225	sale, leasing, or other business being transacted.
226	(f)  The total amount of the transactions in the aggregate
227	between the business entity and the agency does not exceed $500
228	per calendar year.
229	(g)  The fact that a county or municipal officer or member
230	of a public board or body, including a district school officer
231	or an officer of any district within a county, is a stockholder,
232	officer, or director of a bank will not bar such bank from
233	qualifying as a depository of funds coming under the
234	jurisdiction of any such public board or body, provided it
235	appears in the records of the agency that the governing body of
236	the agency has determined that such officer or member of a
237	public board or body has not favored such bank over other
238	qualified banks.
239	(h)  The transaction is made pursuant to s. 1004.22 or s.
240	1004.23 and is specifically approved by the president and the
241	chair of the university board of trustees. The chair of the
242	university board of trustees shall submit to the Governor and
243	the Legislature by March 1 of each year a report of the
244	transactions approved pursuant to this paragraph during the
245	preceding year.
246	(i)  The public officer or employee purchases in a private
247	capacity goods or services, at a price and upon terms available
248	to similarly situated members of the general public, from a
249	business entity which is doing business with his or her agency.
250	(j)  The public officer or employee in a private capacity
251	purchases goods or services from a business entity which is
252	subject to the regulation of his or her agency and:
253	1.  The price and terms of the transaction are available to
254	similarly situated members of the general public; and
255	2.  The officer or employee makes full disclosure of the
256	relationship to the agency head or governing body prior to the
257	transaction.
258	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
259	person who has been elected to any county, municipal, special
260	district, or school district office may not personally represent
261	another person or entity for compensation before the government
262	governing body or agency of which the person served as was an
263	officer for a period of 2 years after vacating that office.
264	Section 3.  Subsections (4), (5), and (6) of section
265	112.3144, Florida Statutes, are renumbered as subsections (5),
266	(6), and (7), respectively, paragraph (g) of present subsection
267	(4) is amended, and a new subsection (4) is added to said
268	section to read:
269	112.3144  Full and public disclosure of financial
270	interests.--
271	(4)(a)  The reported amount of assets valued in excess of
272	$1,000 on forms prescribed pursuant to this section which the
273	reporting individual holds jointly with another person shall be
274	based on the reporting individual's legal percentage of
275	ownership in the property, except that assets held jointly, with
276	right of survivorship, shall be reported at 100 percent of the
277	value of the asset. For purposes of this subsection, a reporting
278	individual is deemed to own an interest in a partnership which
279	corresponds to the reporting individual's interest in the
280	capital or equity of the partnership.
281	(b)1.  The reported amount of liabilities valued in excess
282	of $1,000 on forms prescribed pursuant to this section for which
283	the reporting individual is jointly and severally liable shall
284	be based upon the reporting individual's percentage of liability
285	rather than the total amount of the liability. Debt secured by
286	property owned by the reporting individual that is held jointly,
287	with right of survivorship, shall be reported at 100 percent of
288	the total amount owed.
289	2.  A separate section of the form shall be created to
290	provide for the reporting of the amounts of joint and several
291	liability of the reporting individual not otherwise reported in
292	subparagraph 1.
293	(5)(4)  Forms for compliance with the full and public
294	disclosure requirements of s. 8, Art. II of the State
295	Constitution shall be created by the Commission on Ethics. The
296	commission shall give notice of disclosure deadlines and
297	delinquencies and distribute forms in the following manner:
298	(g)  The notification requirements and fines of this
299	subsection do not apply to candidates or to the first filing
300	required of any person appointed to elective constitutional
301	office or other position required to file full and public
302	disclosure, unless the person's name is on the commission's
303	notification list and the person received notification from the
304	commission. The appointing official shall notify such newly
305	appointed person of the obligation to file full and public
306	disclosure by July 1. The notification requirements and fines of
307	this subsection do not apply to the final filing provided for in
308	subsection (6)(5).
309	Section 4.  Paragraphs (c), (d), and (f) of subsection (6)
310	of section 112.3145, Florida Statutes, are amended to read:
311	112.3145  Disclosure of financial interests and clients
312	represented before agencies.--
313	(6)  Forms for compliance with the disclosure requirements
314	of this section and a current list of persons subject to
315	disclosure shall be created by the commission and provided to
316	each supervisor of elections. The commission and each supervisor
317	of elections shall give notice of disclosure deadlines and
318	delinquencies and distribute forms in the following manner:
319	(c)  Not later than 30 days after July 1 of each year, the
320	commission and each supervisor of elections shall determine
321	which persons required to file a statement of financial
322	interests in their respective offices have failed to do so and
323	shall send delinquency notices by certified mail, return receipt
324	requested, to such persons. Each notice shall state that a grace
325	period is in effect until September 1 of the current year; that
326	no investigative or disciplinary action based upon the
327	delinquency will be taken by the agency head or commission if
328	the statement is filed by September 1 of the current year; that,
329	if the statement is not filed by September 1 of the current
330	year, a fine of $25 for each day late will be imposed, up to a
331	maximum penalty of $300 $1,500; for notices sent by a supervisor
332	of elections, that he or she is required by law to notify the
333	commission of the delinquency; and that, if upon the filing of a
334	sworn complaint the commission finds that the person has failed
335	to timely file the statement within 12 60 days after September 1
336	of the current year, such person will also be subject to the
337	penalties provided in s. 112.317.
338	(d)  No later than October 1 November 15 of each year, the
339	supervisor of elections in each county shall certify to the
340	commission a list of the names and addresses of, and the offices
341	or positions held by, all persons who have failed to timely file
342	the required statements of financial interests. The
343	certification must include the earliest of the dates described
344	in subparagraph (f)1. The certification shall be on a form
345	prescribed by the commission and shall indicate whether the
346	supervisor of elections has provided the disclosure forms and
347	notice as required by this subsection to all persons named on
348	the delinquency list.
349	(f)  Any person who is required to file a statement of
350	financial interests and whose name is on the commission's
351	mailing list but who fails to timely file is assessed a fine of
352	$25 per day for each day late up to a maximum of $300 $1,500;
353	however, this $300 $1,500 limitation on automatic fines does not
354	limit the civil penalty that may be imposed if the statement is
355	filed more than 12 60 days after the deadline and a complaint is
356	filed, as provided in s. 112.324. The commission must provide by
357	rule the grounds for waiving the fine and procedures by which
358	each person whose name is on the mailing list and who is
359	determined to have not filed in a timely manner will be notified
360	of assessed fines and may appeal. The rule must provide for and
361	make specific the following:
362	1.  The amount of the fine due is based upon the earliest
363	of the following:
364	a.  When a statement is actually received by the office.
365	b.  When the statement is postmarked.
366	c.  When the certificate of mailing is dated.
367	d.  When the receipt from an established courier company is
368	dated.
369	2.  For a specified state employee or a state officer, upon
370	receipt of the disclosure statement by the commission or upon
371	accrual of the maximum penalty, whichever occurs first, and for
372	a local officer upon receipt by the commission of the
373	certification from the local officer's supervisor of elections
374	pursuant to paragraph (d), the commission shall determine the
375	amount of the fine which is due and shall notify the delinquent
376	person. The notice must include an explanation of the appeal
377	procedure under subparagraph 3. The fine must be paid within 30
378	days after the notice of payment due is transmitted, unless
379	appeal is made to the commission pursuant to subparagraph 3. The
380	moneys are to be deposited into the General Revenue Fund.
381	3.  Any reporting person may appeal or dispute a fine,
382	based upon a failure of notice of the requirements to file the
383	annual disclosure unusual circumstances surrounding the failure
384	to file on the designated due date, and may request and is
385	entitled to a hearing before the commission, which may waive the
386	fine in whole or in part based upon a failure of adequate notice
387	for good cause shown. Any such request must be made within 30
388	days after the notice of payment due is transmitted. In such a
389	case, the reporting person must, within the 30-day period,
390	notify the person designated to review the timeliness of reports
391	in writing of his or her intention to bring the matter before
392	the commission.
393	Section 5.  Section 112.3147, Florida Statutes, is amended
394	to read:
395	112.3147  Forms.--
396	(1)  All information required to be furnished by ss.
397	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
398	and by s. 8, Art. II of the State Constitution shall be on forms
399	prescribed by the Commission on Ethics.
400	(2)(a)  With respect to reporting assets valued in excess
401	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
402	reporting individual holds jointly with another person, the
403	amount reported shall be based on the reporting individual's
404	legal percentage of ownership in the property, except that
405	assets held jointly with the reporting individual's spouse shall
406	be reported at 100 percent of the value of the asset. For
407	purposes of this subsection, a reporting individual is deemed to
408	own an interest in a partnership which corresponds to the
409	reporting individual's interest in the capital or equity of the
410	partnership.
411	(b)1.  With respect to reporting liabilities valued in
412	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
413	which the reporting individual is jointly and severally liable,
414	the amount reported shall be based upon the reporting
415	individual's percentage of liability rather than the total
416	amount of the liability, except, a joint and several liability
417	with the reporting individual's spouse for a debt which relates
418	to property owned by both as tenants by the entirety shall be
419	reported at 100 percent of the total amount owed.
420	2.  A separate section of the form shall be created to
421	provide for the reporting of the amounts of joint and several
422	liability of the reporting individual not otherwise reported in
423	paragraph (a).
424	Section 6.  Paragraph (d) of subsection (6) and subsection
425	(8) of section 112.3148, Florida Statutes, are amended to read:
426	112.3148  Reporting and prohibited receipt of gifts by
427	individuals filing full or limited public disclosure of
428	financial interests and by procurement employees.--
429	(6)
430	(d)  No later than July 1 of each year, each reporting
431	individual or procurement employee shall file a statement
432	listing each gift having a value in excess of $100 received by
433	the reporting individual or procurement employee, either
434	directly or indirectly, from a governmental entity or a direct-
435	support organization specifically authorized by law to support a
436	governmental entity. The statement shall list the name of the
437	person providing the gift, a description of the gift, the date
438	or dates on which the gift was given, and the value of the total
439	gifts given during the calendar year for which the report is
440	made. The reporting individual or procurement employee shall
441	attach to such statement any report received by him or her in
442	accordance with paragraph (c), which report shall become a
443	public record when filed with the statement of the reporting
444	individual or procurement employee. The reporting individual or
445	procurement employee may explain any differences between the
446	report of the reporting individual or procurement employee and
447	the attached reports. The annual report filed by a reporting
448	individual shall be filed with the financial disclosure
449	statement required by either s. 8, Art. II of the State
450	Constitution or s. 112.3145, as applicable to the reporting
451	individual. The annual report filed by a procurement employee
452	shall be filed with the Commission on Ethics. The report filed
453	by a reporting individual or procurement employee who left
454	office or employment during the calendar year covered by the
455	report shall be filed by July 1 of the year after leaving office
456	or employment at the same location as his or her final financial
457	disclosure statement or, in the case of a former procurement
458	employee, with the Commission on Ethics.
459	(8)(a)  Each reporting individual or procurement employee
460	shall file a statement with the Commission on Ethics no later
461	than on the last day of each calendar quarter, for the previous
462	calendar quarter, containing a list of gifts which he or she
463	believes to be in excess of $100 in value, if any, accepted by
464	him or her, for which compensation was not provided by the donee
465	to the donor within 90 days of receipt of the gift to reduce the
466	value to $100 or less, except the following:
467	1.  Gifts from relatives.
468	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
469	3.  Gifts otherwise required to be disclosed by this
470	section.
471	(b)  The statement shall include:
472	1.  A description of the gift, the monetary value of the
473	gift, the name and address of the person making the gift, and
474	the dates thereof. If any of these facts, other than the gift
475	description, are unknown or not applicable, the report shall so
476	state.
477	2.  A copy of any receipt for such gift provided to the
478	reporting individual or procurement employee by the donor.
479	(c)  The statement may include an explanation of any
480	differences between the reporting individual's or procurement
481	employee's statement and the receipt provided by the donor.
482	(d)  The reporting individual's or procurement employee's
483	statement shall be sworn to by such person as being a true,
484	accurate, and total listing of all such gifts.
485	(e)  Statements shall be filed not later than 5 p.m. of the
486	due date. However, any statement that is postmarked by the
487	United States Postal Service by midnight of the due date shall
488	be deemed to have been filed in a timely manner, and a
489	certificate of mailing obtained from and dated by the United
490	States Postal Service at the time of the mailing, or a receipt
491	from an established courier company which bears a date on or
492	before the due date, shall be proof of mailing in a timely
493	manner.
494	(f)(e)  If a reporting individual or procurement employee
495	has not received any gifts described in paragraph (a) during a
496	calendar quarter, he or she is not required to file a statement
497	under this subsection for that calendar quarter.
498	Section 7.  Subsection (6) of section 112.3149, Florida
499	Statutes, is amended to read:
500	112.3149  Solicitation and disclosure of honoraria.--
501	(6)  A reporting individual or procurement employee who
502	receives payment or provision of expenses related to any
503	honorarium event from a person who is prohibited by subsection
504	(4) from paying an honorarium to a reporting individual or
505	procurement employee shall publicly disclose on an annual
506	statement the name, address, and affiliation of the person
507	paying or providing the expenses; the amount of the honorarium
508	expenses; the date of the honorarium event; a description of the
509	expenses paid or provided on each day of the honorarium event;
510	and the total value of the expenses provided to the reporting
511	individual or procurement employee in connection with the
512	honorarium event. The annual statement of honorarium expenses
513	shall be filed by July 1 of each year for such expenses received
514	during the previous calendar year. The reporting individual or
515	procurement employee shall attach to the annual statement a copy
516	of each statement received by him or her in accordance with
517	subsection (5) regarding honorarium expenses paid or provided
518	during the calendar year for which the annual statement is
519	filed. Such attached statement shall become a public record upon
520	the filing of the annual report. The annual statement of a
521	reporting individual shall be filed with the financial
522	disclosure statement required by either s. 8, Art. II of the
523	State Constitution or s. 112.3145, as applicable to the
524	reporting individual. The annual statement of a procurement
525	employee shall be filed with the Commission on Ethics. The
526	statement filed by a reporting individual or procurement
527	employee who left office or employment during the calendar year
528	covered by the statement shall be filed by July 1 of the year
529	after leaving office or employment at the same location as his
530	or her final financial disclosure statement or, in the case of a
531	former procurement employee, with the Commission on Ethics.
532	Section 8.  Subsections (1), (2), and (6) of section
533	112.317, Florida Statutes, are amended, and subsections (7) and
534	(8) are renumbered as subsections (6) and (7), to read:
535	112.317  Penalties.--
536	(1)  Violation of any provision of this part, including,
537	but not limited to, any failure to file any disclosures required
538	by this part or violation of any standard of conduct imposed by
539	this part, or violation of any provision of s. 8, Art. II of the
540	State Constitution, in addition to any criminal penalty or other
541	civil penalty involved, shall, pursuant to applicable
542	constitutional and statutory procedures, constitute grounds for,
543	and may be punished by, one or more of the following:
544	(a)  In the case of a public officer:
545	1.  Impeachment.
546	2.  Removal from office.
547	3.  Suspension from office.
548	4.  Public censure and reprimand.
549	5.  Forfeiture of no more than one-third salary per month
550	for no more than 12 months.
551	6.  A civil penalty not to exceed $10,000.
552	7.  Restitution of any pecuniary benefits received because
553	of the violation committed. The commission may recommend that
554	the restitution penalty be paid to the agency of which the
555	public officer was a member or to the General Revenue Fund of
556	the state.
557	(b)  In the case of an employee or a person designated as a
558	public officer by this part who otherwise would be deemed to be
559	an employee:
560	1.  Dismissal from employment.
561	2.  Suspension from employment for not more than 90 days
562	without pay.
563	3.  Demotion.
564	4.  Reduction in salary level.
565	5.  Forfeiture of no more than one-third salary per month
566	for no more than 12 months.
567	6.  A civil penalty not to exceed $10,000.
568	7.  Restitution of any pecuniary benefits received because
569	of the violation committed. The commission may recommend that
570	the restitution penalty be paid to the agency by which such
571	public employee was employed or of which such officer was deemed
572	to be an employee or to the General Revenue Fund of the state.
573	8.  Public censure and reprimand.
574	(c)  In the case of a candidate who violates the provisions
575	of this part or s. 8(a) and (i), Art. II of the State
576	Constitution:
577	1.  Disqualification from being on the ballot.
578	2.  Public censure.
579	3.  Reprimand.
580	4.  A civil penalty not to exceed $10,000.
581	(d)  In the case of a former public officer or employee who
582	has violated a provision applicable to former officers or
583	employees or whose violation occurred prior to such officer's or
584	employee's leaving public office or employment:
585	1.  Public censure and reprimand.
586	2.  A civil penalty not to exceed $10,000.
587	3.  Restitution of any pecuniary benefits received because
588	of the violation committed. The commission may recommend that
589	the restitution penalty be paid to the agency of which such
590	public officer was a member or deemed to be an employee or by
591	which such public employee was employed or to the General
592	Revenue Fund of the state.
593	(2)  In any case in which the commission finds a violation
594	of this part or of s. 8, Art. II of the State Constitution and
595	the proper disciplinary official or body under s. 112.324
596	imposes recommends a civil penalty or restitution penalty, the
597	Attorney General shall bring a civil action to recover such
598	penalty. No defense may be raised in the civil action to enforce
599	the civil penalty or order of restitution that could have been
600	raised by judicial review of the administrative findings and
601	recommendations of the commission by certiorari to the district
602	court of appeal. The Attorney General shall be entitled to
603	collect any costs, attorney's fees, expert witness fees, or
604	other costs of collection incurred in bringing such action.
605	(6)  Any person who willfully discloses, or permits to be
606	disclosed, his or her intention to file a complaint, the
607	existence or contents of a complaint which has been filed with
608	the commission, or any document, action, or proceeding in
609	connection with a confidential preliminary investigation of the
610	commission, before such complaint, document, action, or
611	proceeding becomes a public record as provided herein commits a
612	misdemeanor of the first degree, punishable as provided in s.
613	775.082 or s. 775.083.
614	Section 9.  Section 112.3185, Florida Statutes, is amended
615	to read:
616	112.3185  Additional standards for state agency employees
617	Contractual services.--
618	(1)  For the purposes of this section:
619	(a)  "Contractual services" shall be defined as set forth
620	in chapter 287.
621	(b)  "Agency" means any state officer, department, board,
622	commission, or council of the executive or judicial branch of
623	state government and includes the Public Service Commission.
624	(2)  No agency employee who participates through decision,
625	approval, disapproval, recommendation, preparation of any part
626	of a purchase request, influencing the content of any
627	specification or procurement standard, rendering of advice,
628	investigation, or auditing or in any other advisory capacity in
629	the procurement of contractual services shall become or be,
630	while an agency employee, the employee of a person contracting
631	with the agency by whom the employee is employed.
632	(3)  No agency employee shall, after retirement or
633	termination, have or hold any employment or contractual
634	relationship with any business entity other than an agency in
635	connection with any contract in which the agency employee
636	participated personally and substantially through decision,
637	approval, disapproval, recommendation, rendering of advice, or
638	investigation while an officer or employee. When the agency
639	employee's position is eliminated and his or her duties are
640	performed by the business entity, this subsection shall not
641	prohibit him or her from an employment or contractual
642	relationship with the business entity if the employee's
643	participation in the contract during agency employment was
644	limited to recommendation, rendering of advice, or investigation
645	and if the agency head determines that the best interests of the
646	state shall be served thereby and provides written approval of
647	the employment or contractual relationship prior to the
648	employee's employment or contractual relationship.
649	(4)  No agency employee shall, within 2 years after
650	retirement or termination, have or hold any employment or
651	contractual relationship with any business entity other than an
652	agency in connection with any contract for contractual services
653	which was within his or her responsibility while an employee. If
654	the agency employee's position is eliminated and his or her
655	duties are performed by the business entity, the provisions of
656	this subsection may be waived by the agency head if the agency
657	head determines that the best interests of the state shall be
658	served thereby and provides written approval of the employment
659	or contractual relationship prior to the employee's employment
660	or contractual relationship.
661	(5)  The sum of money paid to a former agency employee
662	during the first year after the cessation of his or her
663	responsibilities, by the agency with whom he or she was
664	employed, for contractual services provided to the agency, shall
665	not exceed the annual salary received on the date of cessation
666	of his or her responsibilities. The provisions of this
667	subsection may be waived by the agency head for a particular
668	contract if the agency head determines that such waiver will
669	result in significant time or cost savings for the state.
670	(6)  No agency employee shall, after retirement or
671	termination, represent or advise another person or entity,
672	except the state, in any matter in which the employee
673	participated personally in his or her official capacity through
674	decision, approval, disapproval, recommendation, rendering of
675	advice, investigation, or otherwise while an employee. The term
676	"matter" includes any judicial or other proceeding, application,
677	request for a ruling or other determination, contract, claim,
678	controversy, investigation, charge, accusation, arrest, or other
679	particular action involving a specific party or parties.
680	(7)  No agency employee acting in an official capacity
681	shall directly or indirectly procure contractual services for
682	his or her own agency from any business entity of which a
683	relative is an officer, partner, director, or proprietor or in
684	which such officer or employee or his or her spouse or child, or
685	any combination of them, has a material interest.
686	(8)(7)  A violation of any provision of this section is
687	punishable in accordance with s. 112.317.
688	(9)(8)  This section is not applicable to any employee of
689	the Public Service Commission who was so employed on or before
690	December 31, 1994.
691	Section 10.  Paragraph (f) of subsection (5) of section
692	112.3215, Florida Statutes, is amended to read:
693	112.3215  Lobbyists before the executive branch or the
694	Constitution Revision Commission; registration and reporting;
695	investigation by commission.--
696	(5)
697	(f)  The commission shall provide by rule the grounds for
698	waiving the fine and the procedures a procedure by which a
699	lobbyist who fails to timely file a report shall be notified and
700	assessed fines and may appeal. The rule shall provide for the
701	following:
702	1.  Upon determining that the report is late, the person
703	designated to review the timeliness of reports shall immediately
704	notify the lobbyist as to the failure to timely file the report
705	and that a fine is being assessed for each late day. The fine
706	shall be $50 per day per report for each late day up to a
707	maximum of $5,000 per late report.
708	2.  Upon receipt of the report, the person designated to
709	review the timeliness of reports shall determine the amount of
710	the fine due based upon the earliest of the following:
711	a.  When a report is actually received by the lobbyist
712	registration and reporting office.
713	b.  When the report is postmarked.
714	c.  When the certificate of mailing is dated.
715	d.  When the receipt from an established courier company is
716	dated.
717	3.  Such fine shall be paid within 30 days after the notice
718	of payment due is transmitted by the Lobbyist Registration
719	Office, unless appeal is made to the commission. The moneys
720	shall be deposited into the Executive Branch Lobby Registration
721	Trust Fund.
722	4.  A fine shall not be assessed against a lobbyist the
723	first time any reports for which the lobbyist is responsible are
724	not timely filed. However, to receive the one-time fine waiver,
725	all reports for which the lobbyist is responsible must be filed
726	within 30 days after the notice that any reports have not been
727	timely filed is transmitted by the Lobbyist Registration Office.
728	A fine shall be assessed for any subsequent late-filed reports.
729	5.  Any lobbyist may appeal or dispute a fine, based upon
730	unusual circumstances surrounding the failure to file on the
731	designated due date, and may request and shall be entitled to a
732	hearing before the commission, which shall have the authority to
733	waive the fine in whole or in part for good cause shown. Any
734	such request shall be made within 30 days after the notice of
735	payment due is transmitted by the Lobbyist Registration Office.
736	In such case, the lobbyist shall, within the 30-day period,
737	notify the person designated to review the timeliness of reports
738	in writing of his or her intention to bring the matter before
739	the commission.
740	6.  The person designated to review the timeliness of
741	reports shall notify the commission of the failure of a lobbyist
742	to file a report after notice or of the failure of a lobbyist to
743	pay the fine imposed. The registration of a lobbyist who fails
744	to timely pay a fine is automatically suspended until the fine
745	is paid, unless an appeal of the fine is pending before the
746	commission.
747	7.  Notwithstanding any provision of chapter 120, any fine
748	imposed under this subsection that is not waived by final order
749	of the commission and that remains unpaid more than 60 days
750	after the notice of payment due or more than 60 days after the
751	commission renders a final order on the lobbyist's appeal shall
752	be collected by the Department of Financial Services as a claim,
753	debt, or other obligation owed to the state, and the department
754	may assign the collection of such fine to a collection agent as
755	provided in s. 17.20.
756	Section 11.  Subsection (4) of section 112.322, Florida
757	Statutes, is amended to read:
758	112.322  Duties and powers of commission.--
759	(4)  The commission has the power to subpoena, audit, and
760	investigate. The commission may subpoena witnesses and compel
761	their attendance and testimony, administer oaths and
762	affirmations, take evidence, and require by subpoena the
763	production of any books, papers, records, or other items
764	relevant to the performance of the duties of the commission or
765	to the exercise of its powers. The commission may delegate to
766	its investigators the authority to administer oaths and
767	affirmations. The commission may delegate the authority to issue
768	subpoenas to its chair, and may authorize its employees to serve
769	any subpoena issued under this section. In the case of a refusal
770	to obey a subpoena issued to any person, the commission may make
771	application to any circuit court of this state which shall have
772	jurisdiction to order the witness to appear before the
773	commission and to produce evidence, if so ordered, or to give
774	testimony touching on the matter in question. Failure to obey
775	the order may be punished by the court as contempt. Witnesses
776	shall be paid mileage and witnesses fees as authorized for
777	witnesses in civil cases, except that a witness who is required
778	to travel outside the county of his or her residence to testify
779	shall be entitled to per diem and travel expenses at the same
780	rate provided for state employees under s. 112.061, to be paid
781	after the witness appears.
782	Section 12.  Subsections (3) and (4) of section 914.21,
783	Florida Statutes, are amended to read:
784	914.21  Definitions.--As used in ss. 914.22-914.24, the
785	term:
786	(3)  "Official investigation" means any investigation
787	instituted by a law enforcement agency or prosecuting officer of
788	the state or a political subdivision of the state or any
789	investigation conducted by the Florida Commission on Ethics.
790	(4)  "Official proceeding" means:
791	(a)  A proceeding before a judge or court or a grand jury;
792	(b)  A proceeding before the Legislature; or
793	(c)  A proceeding before a federal agency which is
794	authorized by law; or
795	(d)  A proceeding before the Florida Commission on Ethics.
796	Section 13.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.