HB 1377

CS

CHAMBER ACTION

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

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