HB 1377CS

CHAMBER ACTION




1The Ethics & Elections Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to ethics; amending s. 104.31, F.S.;
7prohibiting state or political subdivision employees from
8participating in political campaigns during on-duty hours
9or certain other hours; amending s. 112.313, F.S.;
10applying the prohibition on disclosure or use of certain
11information to former public officers, public employees,
12and local government attorneys; providing an exception to
13such prohibition; revising postemployment restrictions to
14apply to other-personal-services temporary employees;
15exempting certain agency employees from postemployment
16restrictions; providing for certain disclosure statements
17to be filed with the Commission on Ethics instead of the
18Department of State; revising a prohibition on lobbying by
19former local officers to preclude representation before
20the government body or agency an officer has served;
21providing applicability; amending s. 112.3144, F.S.;
22providing for reporting of assets held by joint tenancy,
23joint tenancy with right of survivorship, and partnership
24and reporting of certain liabilities; amending s.
25112.3145, F.S.; requiring the commission to send
26delinquency notices with return receipt requested;
27revising the deadline after the grace period for late-
28filed statements of financial interests after which a
29person will become subject to additional penalties;
30revising the deadline for which county supervisors of
31elections shall submit to the commission a list of persons
32who failed to timely file statements of financial
33interests; authorizing the commission to waive late-filed
34penalties only upon grounds of inadequate notice; amending
35s. 112.3147, F.S.; requiring an attestation with respect
36to information provided on required forms; deleting a
37redundant provision; amending s. 112.3148, F.S.; requiring
38gift disclosure forms of individuals who left office or
39employment during the calendar year to be filed by a date
40certain; allowing quarterly gift disclosure forms to be
41considered timely filed if postmarked on or before the due
42date; amending s. 112.3149, F.S.; requiring gift
43disclosure statements of individuals who left office or
44employment during the calendar year to be filed by a date
45certain; amending s. 112.317, F.S.; authorizing the
46commission to recommend restitution be paid to the agency
47damaged by the violation or to the General Revenue Fund;
48authorizing the Attorney General to collect certain costs
49and fees incurred in bringing certain actions; deleting a
50provision rendering a breach of confidentiality of an
51ethics proceeding a misdemeanor; amending s. 112.3185,
52F.S.; providing for certain former agency employees to be
53employed by or have a contractual relationship with
54certain business entities; prohibiting a former agency
55employee from representing a client before the employee's
56former agency in certain matters; amending s. 112.3215,
57F.S.; revising the commission's rulemaking authority
58regarding appeals of certain fines; providing for
59automatic suspended registration for lobbyists who fail to
60timely pay a certain fine; providing an exception;
61amending s. 112.322, F.S.; revising provisions relating to
62payment of witnesses; amending s. 914.21, F.S.; revising
63definitions; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Subsections (2) and (3) of section 104.31,
68Florida Statutes, are renumbered as subsections (3) and (4),
69respectively, and a new subsection (2) is added to said section,
70to read:
71     104.31  Political activities of state, county, and
72municipal officers and employees.--
73     (2)  An employee of the state or any political subdivision
74may not participate in any political campaign for an elective
75office while on duty or within any period of time during which
76the employee is expected to perform services for which he or she
77receives compensation from the state or political subdivision.
78     Section 2.  Subsections (8), (9), (12), and (14) of section
79112.313, Florida Statutes, are amended to read:
80     112.313  Standards of conduct for public officers,
81employees of agencies, and local government attorneys.--
82     (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
83or former public officer, employee of an agency, or local
84government attorney shall disclose or use information not
85available to members of the general public and gained by reason
86of his or her official position, except for information relating
87exclusively to governmental practices, for his or her personal
88gain or benefit or for the personal gain or benefit of any other
89person or business entity.
90     (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
91LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
92     (a)1.  It is the intent of the Legislature to implement by
93statute the provisions of s. 8(e), Art. II of the State
94Constitution relating to legislators, statewide elected
95officers, appointed state officers, and designated public
96employees.
97     2.  As used in this paragraph:
98     a.  "Employee" means:
99     (I)  Any person employed in the executive or legislative
100branch of government holding a position in the Senior Management
101Service as defined in s. 110.402 or any person holding a
102position in the Selected Exempt Service as defined in s. 110.602
103or any person having authority over policy or procurement
104employed by the Department of the Lottery.
105     (II)  The Auditor General, the director of the Office of
106Program Policy Analysis and Government Accountability, the
107Sergeant at Arms and Secretary of the Senate, and the Sergeant
108at Arms and Clerk of the House of Representatives.
109     (III)  The executive director of the Legislative Committee
110on Intergovernmental Relations and the executive director and
111deputy executive director of the Commission on Ethics.
112     (IV)  An executive director, staff director, or deputy
113staff director of each joint committee, standing committee, or
114select committee of the Legislature; an executive director,
115staff director, executive assistant, analyst, or attorney of the
116Office of the President of the Senate, the Office of the Speaker
117of the House of Representatives, the Senate Majority Party
118Office, Senate Minority Party Office, House Majority Party
119Office, or House Minority Party Office; or any person, hired on
120a contractual basis, having the power normally conferred upon
121such persons, by whatever title.
122     (V)  The Chancellor and Vice Chancellors of the State
123University System; the general counsel to the Board of Regents;
124and the president, vice presidents, and deans of each state
125university.
126     (VI)  Any person, including an other-personal-services
127temporary employee, having the power normally conferred upon the
128positions referenced in this sub-subparagraph.
129     b.  "Appointed state officer" means any member of an
130appointive board, commission, committee, council, or authority
131of the executive or legislative branch of state government whose
132powers, jurisdiction, and authority are not solely advisory and
133include the final determination or adjudication of any personal
134or property rights, duties, or obligations, other than those
135relative to its internal operations.
136     c.  "State agency" means an entity of the legislative,
137executive, or judicial branch of state government over which the
138Legislature exercises plenary budgetary and statutory control.
139     3.  No member of the Legislature, appointed state officer,
140or statewide elected officer shall personally represent another
141person or entity for compensation before the government body or
142agency of which the individual was an officer or member for a
143period of 2 years following vacation of office. No member of the
144Legislature shall personally represent another person or entity
145for compensation during his or her term of office before any
146state agency other than judicial tribunals or in settlement
147negotiations after the filing of a lawsuit.
148     4.  No agency employee shall personally represent another
149person or entity for compensation before the agency with which
150he or she was employed for a period of 2 years following
151vacation of position, unless employed by another agency of state
152government.
153     5.  Any person violating this paragraph shall be subject to
154the penalties provided in s. 112.317 and a civil penalty of an
155amount equal to the compensation which the person receives for
156the prohibited conduct.
157     6.  This paragraph is not applicable to:
158     a.  A person employed by the Legislature or other agency
159prior to July 1, 1989;
160     b.  A person who was employed by the Legislature or other
161agency on July 1, 1989, whether or not the person was a defined
162employee on July 1, 1989;
163     c.  A person who was a defined employee of the State
164University System or the Public Service Commission who held such
165employment on December 31, 1994;
166     d.  A person who has reached normal retirement age as
167defined in s. 121.021(29), and who has retired under the
168provisions of chapter 121 by July 1, 1991; or
169     e.  Any appointed state officer whose term of office began
170before January 1, 1995, unless reappointed to that office on or
171after January 1, 1995; or
172     f.  An agency employee whose position was transferred from
173the Career Service System to the Selected Exempt Service
174pursuant to chapter 2001-43, Laws of Florida.
175     (b)  In addition to the provisions of this part which are
176applicable to legislators and legislative employees by virtue of
177their being public officers or employees, the conduct of members
178of the Legislature and legislative employees shall be governed
179by the ethical standards provided in the respective rules of the
180Senate or House of Representatives which are not in conflict
181herewith.
182     (12)  EXEMPTION.--The requirements of subsections (3) and
183(7) as they pertain to persons serving on advisory boards may be
184waived in a particular instance by the body which appointed the
185person to the advisory board, upon a full disclosure of the
186transaction or relationship to the appointing body prior to the
187waiver and an affirmative vote in favor of waiver by two-thirds
188vote of that body. In instances in which appointment to the
189advisory board is made by an individual, waiver may be effected,
190after public hearing, by a determination by the appointing
191person and full disclosure of the transaction or relationship by
192the appointee to the appointing person. In addition, no person
193shall be held in violation of subsection (3) or subsection (7)
194if:
195     (a)  Within a city or county the business is transacted
196under a rotation system whereby the business transactions are
197rotated among all qualified suppliers of the goods or services
198within the city or county.
199     (b)  The business is awarded under a system of sealed,
200competitive bidding to the lowest or best bidder and:
201     1.  The official or the official's spouse or child has in
202no way participated in the determination of the bid
203specifications or the determination of the lowest or best
204bidder;
205     2.  The official or the official's spouse or child has in
206no way used or attempted to use the official's influence to
207persuade the agency or any personnel thereof to enter such a
208contract other than by the mere submission of the bid; and
209     3.  The official, prior to or at the time of the submission
210of the bid, has filed a statement with the Commission on Ethics
211Department of State, if the official is a state officer or
212employee, or with the supervisor of elections of the county in
213which the agency has its principal office, if the official is an
214officer or employee of a political subdivision, disclosing the
215official's interest, or the interest of the official's spouse or
216child, and the nature of the intended business.
217     (c)  The purchase or sale is for legal advertising in a
218newspaper, for any utilities service, or for passage on a common
219carrier.
220     (d)  An emergency purchase or contract which would
221otherwise violate a provision of subsection (3) or subsection
222(7) must be made in order to protect the health, safety, or
223welfare of the citizens of the state or any political
224subdivision thereof.
225     (e)  The business entity involved is the only source of
226supply within the political subdivision of the officer or
227employee and there is full disclosure by the officer or employee
228of his or her interest in the business entity to the governing
229body of the political subdivision prior to the purchase, rental,
230sale, leasing, or other business being transacted.
231     (f)  The total amount of the transactions in the aggregate
232between the business entity and the agency does not exceed $500
233per calendar year.
234     (g)  The fact that a county or municipal officer or member
235of a public board or body, including a district school officer
236or an officer of any district within a county, is a stockholder,
237officer, or director of a bank will not bar such bank from
238qualifying as a depository of funds coming under the
239jurisdiction of any such public board or body, provided it
240appears in the records of the agency that the governing body of
241the agency has determined that such officer or member of a
242public board or body has not favored such bank over other
243qualified banks.
244     (h)  The transaction is made pursuant to s. 1004.22 or s.
2451004.23 and is specifically approved by the president and the
246chair of the university board of trustees. The chair of the
247university board of trustees shall submit to the Governor and
248the Legislature by March 1 of each year a report of the
249transactions approved pursuant to this paragraph during the
250preceding year.
251     (i)  The public officer or employee purchases in a private
252capacity goods or services, at a price and upon terms available
253to similarly situated members of the general public, from a
254business entity which is doing business with his or her agency.
255     (j)  The public officer or employee in a private capacity
256purchases goods or services from a business entity which is
257subject to the regulation of his or her agency and:
258     1.  The price and terms of the transaction are available to
259similarly situated members of the general public; and
260     2.  The officer or employee makes full disclosure of the
261relationship to the agency head or governing body prior to the
262transaction.
263     (14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
264person who has been elected to any county, municipal, special
265district, or school district office may not personally represent
266another person or entity for compensation before the government
267governing body or agency of which the person served as was an
268officer for a period of 2 years after vacating that office.
269     Section 3.  Subsections (4), (5), and (6) of section
270112.3144, 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
273section, to read:
274     112.3144  Full and public disclosure of financial
275interests.--
276     (4)(a)  The reported amount of assets valued in excess of
277$1,000 on forms prescribed pursuant to this section which the
278reporting individual holds jointly with another person shall be
279based on the reporting individual's legal percentage of
280ownership in the property, except that assets held jointly, with
281right of survivorship, shall be reported at 100 percent of the
282value of the asset. For purposes of this subsection, a reporting
283individual is deemed to own an interest in a partnership which
284corresponds to the reporting individual's interest in the
285capital or equity of the partnership.
286     (b)1.  The reported amount of liabilities valued in excess
287of $1,000 on forms prescribed pursuant to this section for which
288the reporting individual is jointly and severally liable shall
289be based upon the reporting individual's percentage of liability
290rather than the total amount of the liability. Debt secured by
291property owned by the reporting individual that is held jointly,
292with right of survivorship, shall be reported at 100 percent of
293the total amount owed.
294     2.  A separate section of the form shall be created to
295provide for the reporting of the amounts of joint and several
296liability of the reporting individual not otherwise reported in
297subparagraph 1.
298     (5)(4)  Forms for compliance with the full and public
299disclosure requirements of s. 8, Art. II of the State
300Constitution shall be created by the Commission on Ethics. The
301commission shall give notice of disclosure deadlines and
302delinquencies and distribute forms in the following manner:
303     (g)  The notification requirements and fines of this
304subsection do not apply to candidates or to the first filing
305required of any person appointed to elective constitutional
306office or other position required to file full and public
307disclosure, unless the person's name is on the commission's
308notification list and the person received notification from the
309commission. The appointing official shall notify such newly
310appointed person of the obligation to file full and public
311disclosure by July 1. The notification requirements and fines of
312this subsection do not apply to the final filing provided for in
313subsection (6)(5).
314     Section 4.  Paragraphs (c), (d), and (f) of subsection (6)
315of section 112.3145, Florida Statutes, are amended to read:
316     112.3145  Disclosure of financial interests and clients
317represented before agencies.--
318     (6)  Forms for compliance with the disclosure requirements
319of this section and a current list of persons subject to
320disclosure shall be created by the commission and provided to
321each supervisor of elections. The commission and each supervisor
322of elections shall give notice of disclosure deadlines and
323delinquencies and distribute forms in the following manner:
324     (c)  Not later than 30 days after July 1 of each year, the
325commission and each supervisor of elections shall determine
326which persons required to file a statement of financial
327interests in their respective offices have failed to do so and
328shall send delinquency notices by certified mail, return receipt
329requested, to such persons. Each notice shall state that a grace
330period is in effect until September 1 of the current year; that
331no investigative or disciplinary action based upon the
332delinquency will be taken by the agency head or commission if
333the statement is filed by September 1 of the current year; that,
334if the statement is not filed by September 1 of the current
335year, a fine of $25 for each day late will be imposed, up to a
336maximum penalty of $1,500; for notices sent by a supervisor of
337elections, that he or she is required by law to notify the
338commission of the delinquency; and that, if upon the filing of a
339sworn complaint the commission finds that the person has failed
340to timely file the statement within 12 60 days after September 1
341of the current year, such person will also be subject to the
342penalties provided in s. 112.317.
343     (d)  No later than October 1 November 15 of each year, the
344supervisor of elections in each county shall certify to the
345commission a list of the names and addresses of, and the offices
346or positions held by, all persons who have failed to timely file
347the required statements of financial interests. The
348certification must include the earliest of the dates described
349in subparagraph (f)1. The certification shall be on a form
350prescribed by the commission and shall indicate whether the
351supervisor of elections has provided the disclosure forms and
352notice as required by this subsection to all persons named on
353the delinquency list.
354     (f)  Any person who is required to file a statement of
355financial interests and whose name is on the commission's
356mailing 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 $1,500;
358however, this $1,500 limitation on automatic fines does not
359limit the civil penalty that may be imposed if the statement is
360filed more than 12 60 days after the deadline and a complaint is
361filed, as provided in s. 112.324. The commission must provide by
362rule the grounds for waiving the fine and procedures by which
363each person whose name is on the mailing list and who is
364determined to have not filed in a timely manner will be notified
365of assessed fines and may appeal. The rule must provide for and
366make specific the following:
367     1.  The amount of the fine due is based upon the earliest
368of 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
373dated.
374     2.  For a specified state employee or a state officer, upon
375receipt of the disclosure statement by the commission or upon
376accrual of the maximum penalty, whichever occurs first, and for
377a local officer upon receipt by the commission of the
378certification from the local officer's supervisor of elections
379pursuant to paragraph (d), the commission shall determine the
380amount of the fine which is due and shall notify the delinquent
381person. The notice must include an explanation of the appeal
382procedure under subparagraph 3. The fine must be paid within 30
383days after the notice of payment due is transmitted, unless
384appeal is made to the commission pursuant to subparagraph 3. The
385moneys are to be deposited into the General Revenue Fund.
386     3.  Any reporting person may appeal or dispute a fine,
387based upon a failure of notice of the requirements to file the
388annual disclosure unusual circumstances surrounding the failure
389to file on the designated due date, and may request and is
390entitled to a hearing before the commission, which may waive the
391fine in whole or in part based upon a failure of adequate notice
392for good cause shown. Any such request must be made within 30
393days after the notice of payment due is transmitted. In such a
394case, the reporting person must, within the 30-day period,
395notify the person designated to review the timeliness of reports
396in writing of his or her intention to bring the matter before
397the commission.
398     Section 5.  Section 112.3147, Florida Statutes, is amended
399to read:
400     112.3147  Forms.--
401     (1)  All information required to be furnished by ss.
402112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
403and by s. 8, Art. II of the State Constitution shall be on forms
404prescribed by the Commission on Ethics. Persons shall attest
405that the information disclosed on the forms and any attachments
406is true, accurate, and complete, in all material aspects, to the
407best of their knowledge.
408     (2)(a)  With respect to reporting assets valued in excess
409of $1,000 on forms prescribed pursuant to s. 112.3144 which the
410reporting individual holds jointly with another person, the
411amount reported shall be based on the reporting individual's
412legal percentage of ownership in the property, except that
413assets held jointly with the reporting individual's spouse shall
414be reported at 100 percent of the value of the asset. For
415purposes of this subsection, a reporting individual is deemed to
416own an interest in a partnership which corresponds to the
417reporting individual's interest in the capital or equity of the
418partnership.
419     (b)1.  With respect to reporting liabilities valued in
420excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
421which the reporting individual is jointly and severally liable,
422the amount reported shall be based upon the reporting
423individual's percentage of liability rather than the total
424amount of the liability, except, a joint and several liability
425with the reporting individual's spouse for a debt which relates
426to property owned by both as tenants by the entirety shall be
427reported at 100 percent of the total amount owed.
428     2.  A separate section of the form shall be created to
429provide for the reporting of the amounts of joint and several
430liability of the reporting individual not otherwise reported in
431paragraph (a).
432     Section 6.  Paragraph (d) of subsection (6) and subsection
433(8) of section 112.3148, Florida Statutes, are amended to read:
434     112.3148  Reporting and prohibited receipt of gifts by
435individuals filing full or limited public disclosure of
436financial interests and by procurement employees.--
437     (6)
438     (d)  No later than July 1 of each year, each reporting
439individual or procurement employee shall file a statement
440listing each gift having a value in excess of $100 received by
441the reporting individual or procurement employee, either
442directly or indirectly, from a governmental entity or a direct-
443support organization specifically authorized by law to support a
444governmental entity. The statement shall list the name of the
445person providing the gift, a description of the gift, the date
446or dates on which the gift was given, and the value of the total
447gifts given during the calendar year for which the report is
448made. The reporting individual or procurement employee shall
449attach to such statement any report received by him or her in
450accordance with paragraph (c), which report shall become a
451public record when filed with the statement of the reporting
452individual or procurement employee. The reporting individual or
453procurement employee may explain any differences between the
454report of the reporting individual or procurement employee and
455the attached reports. The annual report filed by a reporting
456individual shall be filed with the financial disclosure
457statement required by either s. 8, Art. II of the State
458Constitution or s. 112.3145, as applicable to the reporting
459individual. The annual report filed by a procurement employee
460shall be filed with the Commission on Ethics. The report filed
461by a reporting individual or procurement employee who left
462office or employment during the calendar year covered by the
463report shall be filed by July 1 of the year after leaving office
464or employment at the same location as his or her final financial
465disclosure statement or, in the case of a former procurement
466employee, with the Commission on Ethics.
467     (8)(a)  Each reporting individual or procurement employee
468shall file a statement with the Commission on Ethics no later
469than on the last day of each calendar quarter, for the previous
470calendar quarter, containing a list of gifts which he or she
471believes to be in excess of $100 in value, if any, accepted by
472him or her, for which compensation was not provided by the donee
473to the donor within 90 days of receipt of the gift to reduce the
474value to $100 or less, except the following:
475     1.  Gifts from relatives.
476     2.  Gifts prohibited by subsection (4) or s. 112.313(4).
477     3.  Gifts otherwise required to be disclosed by this
478section.
479     (b)  The statement shall include:
480     1.  A description of the gift, the monetary value of the
481gift, the name and address of the person making the gift, and
482the dates thereof. If any of these facts, other than the gift
483description, are unknown or not applicable, the report shall so
484state.
485     2.  A copy of any receipt for such gift provided to the
486reporting individual or procurement employee by the donor.
487     (c)  The statement may include an explanation of any
488differences between the reporting individual's or procurement
489employee's statement and the receipt provided by the donor.
490     (d)  The reporting individual's or procurement employee's
491statement shall be sworn to by such person as being a true,
492accurate, and total listing of all such gifts.
493     (e)  Statements shall be filed not later than 5 p.m. of the
494due date. However, any statement that is postmarked by the
495United States Postal Service by midnight of the due date shall
496be deemed to have been filed in a timely manner, and a
497certificate of mailing obtained from and dated by the United
498States Postal Service at the time of the mailing, or a receipt
499from an established courier company which bears a date on or
500before the due date, shall be proof of mailing in a timely
501manner.
502     (f)(e)  If a reporting individual or procurement employee
503has not received any gifts described in paragraph (a) during a
504calendar quarter, he or she is not required to file a statement
505under this subsection for that calendar quarter.
506     Section 7.  Subsection (6) of section 112.3149, Florida
507Statutes, is amended to read:
508     112.3149  Solicitation and disclosure of honoraria.--
509     (6)  A reporting individual or procurement employee who
510receives payment or provision of expenses related to any
511honorarium event from a person who is prohibited by subsection
512(4) from paying an honorarium to a reporting individual or
513procurement employee shall publicly disclose on an annual
514statement the name, address, and affiliation of the person
515paying or providing the expenses; the amount of the honorarium
516expenses; the date of the honorarium event; a description of the
517expenses paid or provided on each day of the honorarium event;
518and the total value of the expenses provided to the reporting
519individual or procurement employee in connection with the
520honorarium event. The annual statement of honorarium expenses
521shall be filed by July 1 of each year for such expenses received
522during the previous calendar year. The reporting individual or
523procurement employee shall attach to the annual statement a copy
524of each statement received by him or her in accordance with
525subsection (5) regarding honorarium expenses paid or provided
526during the calendar year for which the annual statement is
527filed. Such attached statement shall become a public record upon
528the filing of the annual report. The annual statement of a
529reporting individual shall be filed with the financial
530disclosure statement required by either s. 8, Art. II of the
531State Constitution or s. 112.3145, as applicable to the
532reporting individual. The annual statement of a procurement
533employee shall be filed with the Commission on Ethics. The
534statement filed by a reporting individual or procurement
535employee who left office or employment during the calendar year
536covered by the statement shall be filed by July 1 of the year
537after leaving office or employment at the same location as his
538or her final financial disclosure statement or, in the case of a
539former procurement employee, with the Commission on Ethics.
540     Section 8.  Subsections (1), (2), and (6) of section
541112.317, Florida Statutes, are amended, and subsections (7) and
542(8) are renumbered as subsections (6) and (7), to read:
543     112.317  Penalties.--
544     (1)  Violation of any provision of this part, including,
545but not limited to, any failure to file any disclosures required
546by this part or violation of any standard of conduct imposed by
547this part, or violation of any provision of s. 8, Art. II of the
548State Constitution, in addition to any criminal penalty or other
549civil penalty involved, shall, pursuant to applicable
550constitutional and statutory procedures, constitute grounds for,
551and may be punished by, one or more of the following:
552     (a)  In the case of a public officer:
553     1.  Impeachment.
554     2.  Removal from office.
555     3.  Suspension from office.
556     4.  Public censure and reprimand.
557     5.  Forfeiture of no more than one-third salary per month
558for no more than 12 months.
559     6.  A civil penalty not to exceed $10,000.
560     7.  Restitution of any pecuniary benefits received because
561of the violation committed. The commission may recommend that
562the restitution penalty be paid to the agency of which the
563public officer was a member or to the General Revenue Fund of
564the state.
565     (b)  In the case of an employee or a person designated as a
566public officer by this part who otherwise would be deemed to be
567an employee:
568     1.  Dismissal from employment.
569     2.  Suspension from employment for not more than 90 days
570without pay.
571     3.  Demotion.
572     4.  Reduction in salary level.
573     5.  Forfeiture of no more than one-third salary per month
574for no more than 12 months.
575     6.  A civil penalty not to exceed $10,000.
576     7.  Restitution of any pecuniary benefits received because
577of the violation committed. The commission may recommend that
578the restitution penalty be paid to the agency by which such
579public employee was employed or of which such officer was deemed
580to be an employee or to the General Revenue Fund of the state.
581     8.  Public censure and reprimand.
582     (c)  In the case of a candidate who violates the provisions
583of this part or s. 8(a) and (i), Art. II of the State
584Constitution:
585     1.  Disqualification from being on the ballot.
586     2.  Public censure.
587     3.  Reprimand.
588     4.  A civil penalty not to exceed $10,000.
589     (d)  In the case of a former public officer or employee who
590has violated a provision applicable to former officers or
591employees or whose violation occurred prior to such officer's or
592employee's leaving public office or employment:
593     1.  Public censure and reprimand.
594     2.  A civil penalty not to exceed $10,000.
595     3.  Restitution of any pecuniary benefits received because
596of the violation committed. The commission may recommend that
597the restitution penalty be paid to the agency of which such
598public officer was a member or deemed to be an employee or by
599which such public employee was employed or to the General
600Revenue Fund of the state.
601     (2)  In any case in which the commission finds a violation
602of this part or of s. 8, Art. II of the State Constitution and
603the proper disciplinary official or body under s. 112.324
604imposes recommends a civil penalty or restitution penalty, the
605Attorney General shall bring a civil action to recover such
606penalty. No defense may be raised in the civil action to enforce
607the civil penalty or order of restitution that could have been
608raised by judicial review of the administrative findings and
609recommendations of the commission by certiorari to the district
610court of appeal. The Attorney General shall be entitled to
611collect any costs, attorney's fees, expert witness fees, or
612other costs of collection incurred in bringing such action.
613     (6)  Any person who willfully discloses, or permits to be
614disclosed, his or her intention to file a complaint, the
615existence or contents of a complaint which has been filed with
616the commission, or any document, action, or proceeding in
617connection with a confidential preliminary investigation of the
618commission, before such complaint, document, action, or
619proceeding becomes a public record as provided herein commits a
620misdemeanor of the first degree, punishable as provided in s.
621775.082 or s. 775.083.
622     Section 9.  Section 112.3185, Florida Statutes, is amended
623to read:
624     112.3185  Additional standards for state agency employees
625Contractual services.--
626     (1)  For the purposes of this section:
627     (a)  "Contractual services" shall be defined as set forth
628in chapter 287.
629     (b)  "Agency" means any state officer, department, board,
630commission, or council of the executive or judicial branch of
631state government and includes the Public Service Commission.
632     (2)  No agency employee who participates through decision,
633approval, disapproval, recommendation, preparation of any part
634of a purchase request, influencing the content of any
635specification or procurement standard, rendering of advice,
636investigation, or auditing or in any other advisory capacity in
637the procurement of contractual services shall become or be,
638while an agency employee, the employee of a person contracting
639with the agency by whom the employee is employed.
640     (3)  No agency employee shall, after retirement or
641termination, have or hold any employment or contractual
642relationship with any business entity other than an agency in
643connection with any contract in which the agency employee
644participated personally and substantially through decision,
645approval, disapproval, recommendation, rendering of advice, or
646investigation while an officer or employee. When the agency
647employee's position is eliminated and his or her duties are
648performed by the business entity, this subsection shall not
649prohibit him or her from an employment or contractual
650relationship with the business entity if the employee's
651participation in the contract during agency employment was
652limited to recommendation, rendering of advice, or investigation
653and if the agency head determines that the best interests of the
654state shall be served thereby and provides written approval of
655the employment or contractual relationship prior to the
656employee's employment or contractual relationship.
657     (4)  No agency employee shall, within 2 years after
658retirement or termination, have or hold any employment or
659contractual relationship with any business entity other than an
660agency in connection with any contract for contractual services
661which was within his or her responsibility while an employee. If
662the agency employee's position is eliminated and his or her
663duties are performed by the business entity, the provisions of
664this subsection may be waived by the agency head if the agency
665head determines that the best interests of the state shall be
666served thereby and provides written approval of the employment
667or contractual relationship prior to the employee's employment
668or contractual relationship.
669     (5)  The sum of money paid to a former agency employee
670during the first year after the cessation of his or her
671responsibilities, by the agency with whom he or she was
672employed, for contractual services provided to the agency, shall
673not exceed the annual salary received on the date of cessation
674of his or her responsibilities. The provisions of this
675subsection may be waived by the agency head for a particular
676contract if the agency head determines that such waiver will
677result in significant time or cost savings for the state.
678     (6)  No agency employee shall, after retirement or
679termination, represent or advise another person or entity,
680except the state, in any matter in which the employee
681participated personally in his or her official capacity through
682decision, approval, disapproval, recommendation, rendering of
683advice, investigation, or otherwise while an employee. The term
684"matter" includes any judicial or other proceeding, application,
685request for a ruling or other determination, contract, claim,
686controversy, investigation, charge, accusation, arrest, or other
687particular action involving a specific party or parties.
688     (7)  No agency employee acting in an official capacity
689shall directly or indirectly procure contractual services for
690his or her own agency from any business entity of which a
691relative is an officer, partner, director, or proprietor or in
692which such officer or employee or his or her spouse or child, or
693any combination of them, has a material interest.
694     (8)(7)  A violation of any provision of this section is
695punishable in accordance with s. 112.317.
696     (9)(8)  This section is not applicable to any employee of
697the Public Service Commission who was so employed on or before
698December 31, 1994.
699     Section 10.  Paragraph (f) of subsection (5) of section
700112.3215, Florida Statutes, is amended to read:
701     112.3215  Lobbyists before the executive branch or the
702Constitution Revision Commission; registration and reporting;
703investigation by commission.--
704     (5)
705     (f)  The commission shall provide by rule the grounds for
706waiving the fine and the procedures a procedure by which a
707lobbyist who fails to timely file a report shall be notified and
708assessed fines and may appeal. The rule shall provide for the
709following:
710     1.  Upon determining that the report is late, the person
711designated to review the timeliness of reports shall immediately
712notify the lobbyist as to the failure to timely file the report
713and that a fine is being assessed for each late day. The fine
714shall be $50 per day per report for each late day up to a
715maximum of $5,000 per late report.
716     2.  Upon receipt of the report, the person designated to
717review the timeliness of reports shall determine the amount of
718the fine due based upon the earliest of the following:
719     a.  When a report is actually received by the lobbyist
720registration and reporting office.
721     b.  When the report is postmarked.
722     c.  When the certificate of mailing is dated.
723     d.  When the receipt from an established courier company is
724dated.
725     3.  Such fine shall be paid within 30 days after the notice
726of payment due is transmitted by the Lobbyist Registration
727Office, unless appeal is made to the commission. The moneys
728shall be deposited into the Executive Branch Lobby Registration
729Trust Fund.
730     4.  A fine shall not be assessed against a lobbyist the
731first time any reports for which the lobbyist is responsible are
732not timely filed. However, to receive the one-time fine waiver,
733all reports for which the lobbyist is responsible must be filed
734within 30 days after the notice that any reports have not been
735timely filed is transmitted by the Lobbyist Registration Office.
736A fine shall be assessed for any subsequent late-filed reports.
737     5.  Any lobbyist may appeal or dispute a fine, based upon
738unusual circumstances surrounding the failure to file on the
739designated due date, and may request and shall be entitled to a
740hearing before the commission, which shall have the authority to
741waive the fine in whole or in part for good cause shown. Any
742such request shall be made within 30 days after the notice of
743payment due is transmitted by the Lobbyist Registration Office.
744In such case, the lobbyist shall, within the 30-day period,
745notify the person designated to review the timeliness of reports
746in writing of his or her intention to bring the matter before
747the commission.
748     6.  The person designated to review the timeliness of
749reports shall notify the commission of the failure of a lobbyist
750to file a report after notice or of the failure of a lobbyist to
751pay the fine imposed. The registration of a lobbyist who fails
752to timely pay a fine is automatically suspended until the fine
753is paid, unless an appeal of the fine is pending before the
754commission.
755     7.  Notwithstanding any provision of chapter 120, any fine
756imposed under this subsection that is not waived by final order
757of the commission and that remains unpaid more than 60 days
758after the notice of payment due or more than 60 days after the
759commission renders a final order on the lobbyist's appeal shall
760be collected by the Department of Financial Services as a claim,
761debt, or other obligation owed to the state, and the department
762may assign the collection of such fine to a collection agent as
763provided in s. 17.20.
764     Section 11.  Subsection (4) of section 112.322, Florida
765Statutes, is amended to read:
766     112.322  Duties and powers of commission.--
767     (4)  The commission has the power to subpoena, audit, and
768investigate. The commission may subpoena witnesses and compel
769their attendance and testimony, administer oaths and
770affirmations, take evidence, and require by subpoena the
771production of any books, papers, records, or other items
772relevant to the performance of the duties of the commission or
773to the exercise of its powers. The commission may delegate to
774its investigators the authority to administer oaths and
775affirmations. The commission may delegate the authority to issue
776subpoenas to its chair, and may authorize its employees to serve
777any subpoena issued under this section. In the case of a refusal
778to obey a subpoena issued to any person, the commission may make
779application to any circuit court of this state which shall have
780jurisdiction to order the witness to appear before the
781commission and to produce evidence, if so ordered, or to give
782testimony touching on the matter in question. Failure to obey
783the order may be punished by the court as contempt. Witnesses
784shall be paid mileage and witnesses fees as authorized for
785witnesses in civil cases, except that a witness who is required
786to travel outside the county of his or her residence to testify
787shall be entitled to per diem and travel expenses at the same
788rate provided for state employees under s. 112.061, to be paid
789after the witness appears.
790     Section 12.  Subsections (3) and (4) of section 914.21,
791Florida Statutes, are amended to read:
792     914.21  Definitions.--As used in ss. 914.22-914.24, the
793term:
794     (3)  "Official investigation" means any investigation
795instituted by a law enforcement agency or prosecuting officer of
796the state or a political subdivision of the state or any
797investigation conducted by the Florida Commission on Ethics.
798     (4)  "Official proceeding" means:
799     (a)  A proceeding before a judge or court or a grand jury;
800     (b)  A proceeding before the Legislature; or
801     (c)  A proceeding before a federal agency which is
802authorized by law; or
803     (d)  A proceeding before the Florida Commission on Ethics.
804     Section 13.  This act shall take effect July 1, 2005.


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