HB 1377

1	A bill to be entitled
2	An act relating to public officers and employees; amending
3	s. 112.215, F.S.; revising the term "employee" and
4	defining the term "governmental entity"; authorizing
5	governmental entities, by ordinance, contract agreement,
6	or other documentation, to participate in the deferred
7	compensation plan of the state and specifying
8	responsibility of the Chief Financial Officer with respect
9	thereto; amending s. 20.121, F.S., relating to the
10	Department of Financial Services, to conform; amending s.
11	104.31, F.S.; prohibiting state or political subdivision
12	employees from participating in political campaigns during
13	on-duty hours or certain other hours; amending s. 112.313,
14	F.S.; applying the prohibition on disclosure or use of
15	certain information to former public officers, public
16	employees, and local government attorneys; providing an
17	exception to such prohibition; revising postemployment
18	restrictions to apply to other-personal-services temporary
19	employees; exempting certain agency employees from
20	postemployment restrictions; providing for certain
21	disclosure statements to be filed with the Commission on
22	Ethics instead of the Department of State; revising a
23	prohibition on lobbying by former local officers to
24	preclude representation before the government body or
25	agency an officer has served; providing applicability;
26	amending s. 112.3144, F.S.; providing for reporting of
27	assets held by joint tenancy, joint tenancy with right of
28	survivorship, and partnership and reporting of certain
29	liabilities; amending s. 112.3145, F.S.; requiring the
30	commission to send delinquency notices with return receipt
31	requested; amending s. 112.3147, F.S.; requiring an
32	attestation with respect to information provided on
33	required forms; deleting a redundant provision; amending
34	s. 112.3148, F.S.; requiring gift disclosure forms of
35	individuals who left office or employment during the
36	calendar year to be filed by a date certain; allowing
37	quarterly gift disclosure forms to be considered timely
38	filed if postmarked on or before the due date; amending s.
39	112.3149, F.S.; requiring gift disclosure statements of
40	individuals who left office or employment during the
41	calendar year to be filed by a date certain; amending s.
42	112.317, F.S.; authorizing the commission to recommend
43	restitution be paid to the agency damaged by the violation
44	or to the General Revenue Fund; authorizing the Attorney
45	General to collect certain costs and fees incurred in
46	bringing certain actions; deleting a provision rendering a
47	breach of confidentiality of an ethics proceeding a
48	misdemeanor; amending s. 112.3185, F.S.; providing for
49	certain former agency employees to be employed by or have
50	a contractual relationship with certain business entities;
51	prohibiting a former agency employee from representing a
52	client before the employee's former agency in certain
53	matters; amending s. 112.3215, F.S.; revising the
54	commission's rulemaking authority regarding appeals of
55	certain fines; providing for automatic suspended
56	registration for lobbyists who fail to timely pay a
57	certain fine; providing an exception; requiring the
58	commission to provide written notice to any lobbyist whose
59	registration is automatically suspended; amending s.
60	112.322, F.S.; revising provisions relating to payment of
61	witnesses; amending s. 914.21, F.S.; revising definitions;
62	providing an effective date.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  Paragraph (d) of subsection (2) of section
67	20.121, Florida Statutes, as amended by chapter 2004-301, Laws
68	of Florida, is amended to read:
69	20.121  Department of Financial Services.--There is created
70	a Department of Financial Services.
71	(2)  DIVISIONS.--The Department of Financial Services shall
72	consist of the following divisions:
73	(d)  The Division of Treasury, which shall include a Bureau
74	of Deferred Compensation responsible for administering the
75	Government Employees Deferred Compensation Plan as provided in
76	established under s. 112.215 for state employees.
77	Section 2.  Subsection (2), paragraphs (a) and (d) of
78	subsection (4), and subsections (5), (6), and (12) of section
79	112.215, Florida Statutes, are amended to read:
80	112.215  Government employees; deferred compensation
81	program.--
82	(2)(a)  For the purposes of this section, the term
83	"employee" means any person, whether appointed, elected, or
84	under contract, providing services for a governmental entity the
85	state; any state agency or county or other political subdivision
86	of the state; any municipality; any state university board of
87	trustees; or any constitutional county officer under s. 1(d),
88	Art. VIII of the State Constitution for which compensation or
89	statutory fees are paid.
90	(b)  "Governmental entity" means the state; any state
91	agency or county or other political subdivision of the state;
92	any municipality; any state university board of trustees; or any
93	constitutional county officer under s. 1(d), Art. VIII of the
94	State Constitution.
95	(4)(a)  The Chief Financial Officer, with the approval of
96	the State Board of Administration, shall establish such plan or
97	plans of deferred compensation for state employees of
98	governmental entities, including all such investment vehicles or
99	products incident thereto, as may be available through, or
100	offered by, qualified companies or persons, and may approve one
101	or more such plans for implementation by and on behalf of
102	governmental entities the state and their its agencies and
103	employees.
104	(d)  In accordance with such approved plan, and upon
105	contract or agreement with an eligible employee, deferrals of
106	compensation may be accomplished by payroll deductions made by
107	the appropriate officer or officers of the governmental entity
108	state, with such funds being thereafter held and administered in
109	accordance with the plan.
110	(5)  Any county, municipality, or other political
111	subdivision of the state may by ordinance, and any
112	constitutional county officer under s. 1(d), Art. VIII of the
113	State Constitution of 1968 may by contract agreement or other
114	documentation constituting approval, for itself and its
115	employees:
116	(a)  Adopt and establish for itself and its employees a
117	deferred compensation program. The ordinance shall designate an
118	appropriate official of the county, municipality, or political
119	subdivision to approve and administer a deferred compensation
120	plan or otherwise provide for such approval and administration.
121	The ordinance shall also designate a public official or body to
122	make the determinations provided for in paragraph (6)(b). If a
123	constitutional county officer elects to adopt and establish for
124	that office and its employees a deferred compensation program,
125	the constitutional county officer shall be the appropriate
126	official to make the determinations provided for in this
127	subsection and in paragraph (6)(b);.
128	(b)  Adopt the deferred compensation program of the state;
129	or
130	(c)  Both adopt and establish a deferred compensation
131	program and adopt the state's deferred compensation program.
132	(6)(a)  No deferred compensation plan of the state shall
133	become effective until approved by the State Board of
134	Administration and the Chief Financial Officer is satisfied by
135	opinion from such federal agency or agencies as may be deemed
136	necessary that the compensation deferred thereunder, and/or the
137	investment products purchased pursuant to the plan, or both will
138	not be included in the employee's taxable income under federal
139	or state law until it is actually received by such employee
140	under the terms of the plan, and that such compensation will
141	nonetheless be deemed compensation at the time of deferral for
142	the purposes of social security coverage, for the purposes of
143	the state retirement system, or and for any other retirement,
144	pension, or benefit program established by law.
145	(b)  No deferred compensation plan adopted and established
146	by of a county, municipality, other political subdivision, or
147	constitutional county officer shall become effective until the
148	appropriate official or body designated under subsection (5) is
149	satisfied by opinion from such federal agency or agencies as may
150	be deemed necessary that the compensation deferred thereunder,
151	and/or the investment products purchased pursuant to the plan,
152	or both will not be included in the employee's taxable income
153	under federal or state law until it is actually received by such
154	employee under the terms of the plan, and that such compensation
155	will nonetheless be deemed compensation at the time of deferral
156	for the purposes of social security coverage, for the purposes
157	of the retirement system of the appropriate county,
158	municipality, political subdivision, or constitutional county
159	officer, and for any other retirement, pension, or benefit
160	program established by law.
161	(12)  The Chief Financial Officer may adopt any rule
162	necessary to administer and implement this act with respect to
163	deferred compensation plans for state employees of governmental
164	entities that have adopted the state's plan.
165	Section 3.  Subsections (2) and (3) of section 104.31,
166	Florida Statutes, are renumbered as subsections (3) and (4),
167	respectively, and a new subsection (2) is added to said section,
168	to read:
169	104.31  Political activities of state, county, and
170	municipal officers and employees.--
171	(2)  An employee of the state or any political subdivision
172	may not participate in any political campaign for an elective
173	office while on duty or within any period of time during which
174	the employee is expected to perform services for which he or she
175	receives compensation from the state or political subdivision.
176	Section 4.  Subsections (8), (9), (12), and (14) of section
177	112.313, Florida Statutes, are amended to read:
178	112.313  Standards of conduct for public officers,
179	employees of agencies, and local government attorneys.--
180	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
181	or former public officer, employee of an agency, or local
182	government attorney shall disclose or use information not
183	available to members of the general public and gained by reason
184	of his or her official position, except for information relating
185	exclusively to governmental practices, for his or her personal
186	gain or benefit or for the personal gain or benefit of any other
187	person or business entity.
188	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
189	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
190	(a)1.  It is the intent of the Legislature to implement by
191	statute the provisions of s. 8(e), Art. II of the State
192	Constitution relating to legislators, statewide elected
193	officers, appointed state officers, and designated public
194	employees.
195	2.  As used in this paragraph:
196	a.  "Employee" means:
197	(I)  Any person employed in the executive or legislative
198	branch of government holding a position in the Senior Management
199	Service as defined in s. 110.402 or any person holding a
200	position in the Selected Exempt Service as defined in s. 110.602
201	or any person having authority over policy or procurement
202	employed by the Department of the Lottery.
203	(II)  The Auditor General, the director of the Office of
204	Program Policy Analysis and Government Accountability, the
205	Sergeant at Arms and Secretary of the Senate, and the Sergeant
206	at Arms and Clerk of the House of Representatives.
207	(III)  The executive director of the Legislative Committee
208	on Intergovernmental Relations and the executive director and
209	deputy executive director of the Commission on Ethics.
210	(IV)  An executive director, staff director, or deputy
211	staff director of each joint committee, standing committee, or
212	select committee of the Legislature; an executive director,
213	staff director, executive assistant, analyst, or attorney of the
214	Office of the President of the Senate, the Office of the Speaker
215	of the House of Representatives, the Senate Majority Party
216	Office, Senate Minority Party Office, House Majority Party
217	Office, or House Minority Party Office; or any person, hired on
218	a contractual basis, having the power normally conferred upon
219	such persons, by whatever title.
220	(V)  The Chancellor and Vice Chancellors of the State
221	University System; the general counsel to the Board of Regents;
222	and the president, vice presidents, and deans of each state
223	university.
224	(VI)  Any person, including an other-personal-services
225	temporary employee, having the power normally conferred upon the
226	positions referenced in this sub-subparagraph.
227	b.  "Appointed state officer" means any member of an
228	appointive board, commission, committee, council, or authority
229	of the executive or legislative branch of state government whose
230	powers, jurisdiction, and authority are not solely advisory and
231	include the final determination or adjudication of any personal
232	or property rights, duties, or obligations, other than those
233	relative to its internal operations.
234	c.  "State agency" means an entity of the legislative,
235	executive, or judicial branch of state government over which the
236	Legislature exercises plenary budgetary and statutory control.
237	3.  No member of the Legislature, appointed state officer,
238	or statewide elected officer shall personally represent another
239	person or entity for compensation before the government body or
240	agency of which the individual was an officer or member for a
241	period of 2 years following vacation of office. No member of the
242	Legislature shall personally represent another person or entity
243	for compensation during his or her term of office before any
244	state agency other than judicial tribunals or in settlement
245	negotiations after the filing of a lawsuit.
246	4.  No agency employee shall personally represent another
247	person or entity for compensation before the agency with which
248	he or she was employed for a period of 2 years following
249	vacation of position, unless employed by another agency of state
250	government.
251	5.  Any person violating this paragraph shall be subject to
252	the penalties provided in s. 112.317 and a civil penalty of an
253	amount equal to the compensation which the person receives for
254	the prohibited conduct.
255	6.  This paragraph is not applicable to:
256	a.  A person employed by the Legislature or other agency
257	prior to July 1, 1989;
258	b.  A person who was employed by the Legislature or other
259	agency on July 1, 1989, whether or not the person was a defined
260	employee on July 1, 1989;
261	c.  A person who was a defined employee of the State
262	University System or the Public Service Commission who held such
263	employment on December 31, 1994;
264	d.  A person who has reached normal retirement age as
265	defined in s. 121.021(29), and who has retired under the
266	provisions of chapter 121 by July 1, 1991; or
267	e.  Any appointed state officer whose term of office began
268	before January 1, 1995, unless reappointed to that office on or
269	after January 1, 1995; or
270	f.  An agency employee whose position was transferred from
271	the Career Service System to the Selected Exempt Service
272	pursuant to chapter 2001-43, Laws of Florida.
273	(b)  In addition to the provisions of this part which are
274	applicable to legislators and legislative employees by virtue of
275	their being public officers or employees, the conduct of members
276	of the Legislature and legislative employees shall be governed
277	by the ethical standards provided in the respective rules of the
278	Senate or House of Representatives which are not in conflict
279	herewith.
280	(12)  EXEMPTION.--The requirements of subsections (3) and
281	(7) as they pertain to persons serving on advisory boards may be
282	waived in a particular instance by the body which appointed the
283	person to the advisory board, upon a full disclosure of the
284	transaction or relationship to the appointing body prior to the
285	waiver and an affirmative vote in favor of waiver by two-thirds
286	vote of that body. In instances in which appointment to the
287	advisory board is made by an individual, waiver may be effected,
288	after public hearing, by a determination by the appointing
289	person and full disclosure of the transaction or relationship by
290	the appointee to the appointing person. In addition, no person
291	shall be held in violation of subsection (3) or subsection (7)
292	if:
293	(a)  Within a city or county the business is transacted
294	under a rotation system whereby the business transactions are
295	rotated among all qualified suppliers of the goods or services
296	within the city or county.
297	(b)  The business is awarded under a system of sealed,
298	competitive bidding to the lowest or best bidder and:
299	1.  The official or the official's spouse or child has in
300	no way participated in the determination of the bid
301	specifications or the determination of the lowest or best
302	bidder;
303	2.  The official or the official's spouse or child has in
304	no way used or attempted to use the official's influence to
305	persuade the agency or any personnel thereof to enter such a
306	contract other than by the mere submission of the bid; and
307	3.  The official, prior to or at the time of the submission
308	of the bid, has filed a statement with the Commission on Ethics
309	Department of State, if the official is a state officer or
310	employee, or with the supervisor of elections of the county in
311	which the agency has its principal office, if the official is an
312	officer or employee of a political subdivision, disclosing the
313	official's interest, or the interest of the official's spouse or
314	child, and the nature of the intended business.
315	(c)  The purchase or sale is for legal advertising in a
316	newspaper, for any utilities service, or for passage on a common
317	carrier.
318	(d)  An emergency purchase or contract which would
319	otherwise violate a provision of subsection (3) or subsection
320	(7) must be made in order to protect the health, safety, or
321	welfare of the citizens of the state or any political
322	subdivision thereof.
323	(e)  The business entity involved is the only source of
324	supply within the political subdivision of the officer or
325	employee and there is full disclosure by the officer or employee
326	of his or her interest in the business entity to the governing
327	body of the political subdivision prior to the purchase, rental,
328	sale, leasing, or other business being transacted.
329	(f)  The total amount of the transactions in the aggregate
330	between the business entity and the agency does not exceed $500
331	per calendar year.
332	(g)  The fact that a county or municipal officer or member
333	of a public board or body, including a district school officer
334	or an officer of any district within a county, is a stockholder,
335	officer, or director of a bank will not bar such bank from
336	qualifying as a depository of funds coming under the
337	jurisdiction of any such public board or body, provided it
338	appears in the records of the agency that the governing body of
339	the agency has determined that such officer or member of a
340	public board or body has not favored such bank over other
341	qualified banks.
342	(h)  The transaction is made pursuant to s. 1004.22 or s.
343	1004.23 and is specifically approved by the president and the
344	chair of the university board of trustees. The chair of the
345	university board of trustees shall submit to the Governor and
346	the Legislature by March 1 of each year a report of the
347	transactions approved pursuant to this paragraph during the
348	preceding year.
349	(i)  The public officer or employee purchases in a private
350	capacity goods or services, at a price and upon terms available
351	to similarly situated members of the general public, from a
352	business entity which is doing business with his or her agency.
353	(j)  The public officer or employee in a private capacity
354	purchases goods or services from a business entity which is
355	subject to the regulation of his or her agency and:
356	1.  The price and terms of the transaction are available to
357	similarly situated members of the general public; and
358	2.  The officer or employee makes full disclosure of the
359	relationship to the agency head or governing body prior to the
360	transaction.
361	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
362	person who has been elected to any county, municipal, special
363	district, or school district office may not personally represent
364	another person or entity for compensation before the government
365	governing body or agency of which the person served as was an
366	officer for a period of 2 years after vacating that office.
367	Section 5.  Subsections (4), (5), and (6) of section
368	112.3144, Florida Statutes, are renumbered as subsections (5),
369	(6), and (7), respectively, paragraph (g) of present subsection
370	(4) is amended, and a new subsection (4) is added to said
371	section, to read:
372	112.3144  Full and public disclosure of financial
373	interests.--
374	(4)(a)  The reported amount of assets valued in excess of
375	$1,000 on forms prescribed pursuant to this section which the
376	reporting individual holds jointly with another person shall be
377	based on the reporting individual's legal percentage of
378	ownership in the property, except that assets held jointly, with
379	right of survivorship, shall be reported at 100 percent of the
380	value of the asset. For purposes of this subsection, a reporting
381	individual is deemed to own an interest in a partnership which
382	corresponds to the reporting individual's interest in the
383	capital or equity of the partnership.
384	(b)1.  The reported amount of liabilities valued in excess
385	of $1,000 on forms prescribed pursuant to this section for which
386	the reporting individual is jointly and severally liable shall
387	be based upon the reporting individual's percentage of liability
388	rather than the total amount of the liability. Debt secured by
389	property owned by the reporting individual that is held jointly,
390	with right of survivorship, shall be reported at 100 percent of
391	the total amount owed.
392	2.  A separate section of the form shall be created to
393	provide for the reporting of the amounts of joint and several
394	liability of the reporting individual not otherwise reported in
395	subparagraph 1.
396	(5)(4)  Forms for compliance with the full and public
397	disclosure requirements of s. 8, Art. II of the State
398	Constitution shall be created by the Commission on Ethics. The
399	commission shall give notice of disclosure deadlines and
400	delinquencies and distribute forms in the following manner:
401	(g)  The notification requirements and fines of this
402	subsection do not apply to candidates or to the first filing
403	required of any person appointed to elective constitutional
404	office or other position required to file full and public
405	disclosure, unless the person's name is on the commission's
406	notification list and the person received notification from the
407	commission. The appointing official shall notify such newly
408	appointed person of the obligation to file full and public
409	disclosure by July 1. The notification requirements and fines of
410	this subsection do not apply to the final filing provided for in
411	subsection (6)(5).
412	Section 6.  Paragraph (c) of subsection (6) of section
413	112.3145, Florida Statutes, is amended to read:
414	112.3145  Disclosure of financial interests and clients
415	represented before agencies.--
416	(6)  Forms for compliance with the disclosure requirements
417	of this section and a current list of persons subject to
418	disclosure shall be created by the commission and provided to
419	each supervisor of elections. The commission and each supervisor
420	of elections shall give notice of disclosure deadlines and
421	delinquencies and distribute forms in the following manner:
422	(c)  Not later than 30 days after July 1 of each year, the
423	commission and each supervisor of elections shall determine
424	which persons required to file a statement of financial
425	interests in their respective offices have failed to do so and
426	shall send delinquency notices by certified mail, return receipt
427	requested, to such persons. Each notice shall state that a grace
428	period is in effect until September 1 of the current year; that
429	no investigative or disciplinary action based upon the
430	delinquency will be taken by the agency head or commission if
431	the statement is filed by September 1 of the current year; that,
432	if the statement is not filed by September 1 of the current
433	year, a fine of $25 for each day late will be imposed, up to a
434	maximum penalty of $1,500; for notices sent by a supervisor of
435	elections, that he or she is required by law to notify the
436	commission of the delinquency; and that, if upon the filing of a
437	sworn complaint the commission finds that the person has failed
438	to timely file the statement within 60 days after September 1 of
439	the current year, such person will also be subject to the
440	penalties provided in s. 112.317.
441	Section 7.  Section 112.3147, Florida Statutes, is amended
442	to read:
443	112.3147  Forms.--
444	(1)  All information required to be furnished by ss.
445	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
446	and by s. 8, Art. II of the State Constitution shall be on forms
447	prescribed by the Commission on Ethics. Persons shall attest
448	that the information disclosed on the forms and any attachments
449	is true, accurate, and complete, in all material aspects, to the
450	best of their knowledge.
451	(2)(a)  With respect to reporting assets valued in excess
452	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
453	reporting individual holds jointly with another person, the
454	amount reported shall be based on the reporting individual's
455	legal percentage of ownership in the property, except that
456	assets held jointly with the reporting individual's spouse shall
457	be reported at 100 percent of the value of the asset. For
458	purposes of this subsection, a reporting individual is deemed to
459	own an interest in a partnership which corresponds to the
460	reporting individual's interest in the capital or equity of the
461	partnership.
462	(b)1.  With respect to reporting liabilities valued in
463	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
464	which the reporting individual is jointly and severally liable,
465	the amount reported shall be based upon the reporting
466	individual's percentage of liability rather than the total
467	amount of the liability, except, a joint and several liability
468	with the reporting individual's spouse for a debt which relates
469	to property owned by both as tenants by the entirety shall be
470	reported at 100 percent of the total amount owed.
471	2.  A separate section of the form shall be created to
472	provide for the reporting of the amounts of joint and several
473	liability of the reporting individual not otherwise reported in
474	paragraph (a).
475	Section 8.  Paragraph (d) of subsection (6) and subsection
476	(8) of section 112.3148, Florida Statutes, are amended to read:
477	112.3148  Reporting and prohibited receipt of gifts by
478	individuals filing full or limited public disclosure of
479	financial interests and by procurement employees.--
480	(6)
481	(d)  No later than July 1 of each year, each reporting
482	individual or procurement employee shall file a statement
483	listing each gift having a value in excess of $100 received by
484	the reporting individual or procurement employee, either
485	directly or indirectly, from a governmental entity or a direct-
486	support organization specifically authorized by law to support a
487	governmental entity. The statement shall list the name of the
488	person providing the gift, a description of the gift, the date
489	or dates on which the gift was given, and the value of the total
490	gifts given during the calendar year for which the report is
491	made. The reporting individual or procurement employee shall
492	attach to such statement any report received by him or her in
493	accordance with paragraph (c), which report shall become a
494	public record when filed with the statement of the reporting
495	individual or procurement employee. The reporting individual or
496	procurement employee may explain any differences between the
497	report of the reporting individual or procurement employee and
498	the attached reports. The annual report filed by a reporting
499	individual shall be filed with the financial disclosure
500	statement required by either s. 8, Art. II of the State
501	Constitution or s. 112.3145, as applicable to the reporting
502	individual. The annual report filed by a procurement employee
503	shall be filed with the Commission on Ethics. The report filed
504	by a reporting individual or procurement employee who left
505	office or employment during the calendar year covered by the
506	report shall be filed by July 1 of the year after leaving office
507	or employment at the same location as his or her final financial
508	disclosure statement or, in the case of a former procurement
509	employee, with the Commission on Ethics.
510	(8)(a)  Each reporting individual or procurement employee
511	shall file a statement with the Commission on Ethics no later
512	than on the last day of each calendar quarter, for the previous
513	calendar quarter, containing a list of gifts which he or she
514	believes to be in excess of $100 in value, if any, accepted by
515	him or her, for which compensation was not provided by the donee
516	to the donor within 90 days of receipt of the gift to reduce the
517	value to $100 or less, except the following:
518	1.  Gifts from relatives.
519	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
520	3.  Gifts otherwise required to be disclosed by this
521	section.
522	(b)  The statement shall include:
523	1.  A description of the gift, the monetary value of the
524	gift, the name and address of the person making the gift, and
525	the dates thereof. If any of these facts, other than the gift
526	description, are unknown or not applicable, the report shall so
527	state.
528	2.  A copy of any receipt for such gift provided to the
529	reporting individual or procurement employee by the donor.
530	(c)  The statement may include an explanation of any
531	differences between the reporting individual's or procurement
532	employee's statement and the receipt provided by the donor.
533	(d)  The reporting individual's or procurement employee's
534	statement shall be sworn to by such person as being a true,
535	accurate, and total listing of all such gifts.
536	(e)  Statements shall be filed not later than 5 p.m. of the
537	due date. However, any statement that is postmarked by the
538	United States Postal Service by midnight of the due date shall
539	be deemed to have been filed in a timely manner, and a
540	certificate of mailing obtained from and dated by the United
541	States Postal Service at the time of the mailing, or a receipt
542	from an established courier company which bears a date on or
543	before the due date, shall be proof of mailing in a timely
544	manner.
545	(f)(e)  If a reporting individual or procurement employee
546	has not received any gifts described in paragraph (a) during a
547	calendar quarter, he or she is not required to file a statement
548	under this subsection for that calendar quarter.
549	Section 9.  Subsection (6) of section 112.3149, Florida
550	Statutes, is amended to read:
551	112.3149  Solicitation and disclosure of honoraria.--
552	(6)  A reporting individual or procurement employee who
553	receives payment or provision of expenses related to any
554	honorarium event from a person who is prohibited by subsection
555	(4) from paying an honorarium to a reporting individual or
556	procurement employee shall publicly disclose on an annual
557	statement the name, address, and affiliation of the person
558	paying or providing the expenses; the amount of the honorarium
559	expenses; the date of the honorarium event; a description of the
560	expenses paid or provided on each day of the honorarium event;
561	and the total value of the expenses provided to the reporting
562	individual or procurement employee in connection with the
563	honorarium event. The annual statement of honorarium expenses
564	shall be filed by July 1 of each year for such expenses received
565	during the previous calendar year. The reporting individual or
566	procurement employee shall attach to the annual statement a copy
567	of each statement received by him or her in accordance with
568	subsection (5) regarding honorarium expenses paid or provided
569	during the calendar year for which the annual statement is
570	filed. Such attached statement shall become a public record upon
571	the filing of the annual report. The annual statement of a
572	reporting individual shall be filed with the financial
573	disclosure statement required by either s. 8, Art. II of the
574	State Constitution or s. 112.3145, as applicable to the
575	reporting individual. The annual statement of a procurement
576	employee shall be filed with the Commission on Ethics. The
577	statement filed by a reporting individual or procurement
578	employee who left office or employment during the calendar year
579	covered by the statement shall be filed by July 1 of the year
580	after leaving office or employment at the same location as his
581	or her final financial disclosure statement or, in the case of a
582	former procurement employee, with the Commission on Ethics.
583	Section 10.  Subsections (1), (2), and (6) of section
584	112.317, Florida Statutes, are amended, and subsections (7) and
585	(8) are renumbered as subsections (6) and (7), to read:
586	112.317  Penalties.--
587	(1)  Violation of any provision of this part, including,
588	but not limited to, any failure to file any disclosures required
589	by this part or violation of any standard of conduct imposed by
590	this part, or violation of any provision of s. 8, Art. II of the
591	State Constitution, in addition to any criminal penalty or other
592	civil penalty involved, shall, pursuant to applicable
593	constitutional and statutory procedures, constitute grounds for,
594	and may be punished by, one or more of the following:
595	(a)  In the case of a public officer:
596	1.  Impeachment.
597	2.  Removal from office.
598	3.  Suspension from office.
599	4.  Public censure and reprimand.
600	5.  Forfeiture of no more than one-third salary per month
601	for no more than 12 months.
602	6.  A civil penalty not to exceed $10,000.
603	7.  Restitution of any pecuniary benefits received because
604	of the violation committed. The commission may recommend that
605	the restitution penalty be paid to the agency of which the
606	public officer was a member or to the General Revenue Fund of
607	the state.
608	(b)  In the case of an employee or a person designated as a
609	public officer by this part who otherwise would be deemed to be
610	an employee:
611	1.  Dismissal from employment.
612	2.  Suspension from employment for not more than 90 days
613	without pay.
614	3.  Demotion.
615	4.  Reduction in salary level.
616	5.  Forfeiture of no more than one-third salary per month
617	for no more than 12 months.
618	6.  A civil penalty not to exceed $10,000.
619	7.  Restitution of any pecuniary benefits received because
620	of the violation committed. The commission may recommend that
621	the restitution penalty be paid to the agency by which such
622	public employee was employed or of which such officer was deemed
623	to be an employee or to the General Revenue Fund of the state.
624	8.  Public censure and reprimand.
625	(c)  In the case of a candidate who violates the provisions
626	of this part or s. 8(a) and (i), Art. II of the State
627	Constitution:
628	1.  Disqualification from being on the ballot.
629	2.  Public censure.
630	3.  Reprimand.
631	4.  A civil penalty not to exceed $10,000.
632	(d)  In the case of a former public officer or employee who
633	has violated a provision applicable to former officers or
634	employees or whose violation occurred prior to such officer's or
635	employee's leaving public office or employment:
636	1.  Public censure and reprimand.
637	2.  A civil penalty not to exceed $10,000.
638	3.  Restitution of any pecuniary benefits received because
639	of the violation committed. The commission may recommend that
640	the restitution penalty be paid to the agency of which such
641	public officer was a member or deemed to be an employee or by
642	which such public employee was employed or to the General
643	Revenue Fund of the state.
644	(2)  In any case in which the commission finds a violation
645	of this part or of s. 8, Art. II of the State Constitution and
646	the proper disciplinary official or body under s. 112.324
647	imposes recommends a civil penalty or restitution penalty, the
648	Attorney General shall bring a civil action to recover such
649	penalty. No defense may be raised in the civil action to enforce
650	the civil penalty or order of restitution that could have been
651	raised by judicial review of the administrative findings and
652	recommendations of the commission by certiorari to the district
653	court of appeal. The Attorney General shall be entitled to
654	collect any costs, attorney's fees, expert witness fees, or
655	other costs of collection incurred in bringing such action.
656	(6)  Any person who willfully discloses, or permits to be
657	disclosed, his or her intention to file a complaint, the
658	existence or contents of a complaint which has been filed with
659	the commission, or any document, action, or proceeding in
660	connection with a confidential preliminary investigation of the
661	commission, before such complaint, document, action, or
662	proceeding becomes a public record as provided herein commits a
663	misdemeanor of the first degree, punishable as provided in s.
664	775.082 or s. 775.083.
665	Section 11.  Section 112.3185, Florida Statutes, is amended
666	to read:
667	112.3185  Additional standards for state agency employees
668	Contractual services.--
669	(1)  For the purposes of this section:
670	(a)  "Contractual services" shall be defined as set forth
671	in chapter 287.
672	(b)  "Agency" means any state officer, department, board,
673	commission, or council of the executive or judicial branch of
674	state government and includes the Public Service Commission.
675	(2)  No agency employee who participates through decision,
676	approval, disapproval, recommendation, preparation of any part
677	of a purchase request, influencing the content of any
678	specification or procurement standard, rendering of advice,
679	investigation, or auditing or in any other advisory capacity in
680	the procurement of contractual services shall become or be,
681	while an agency employee, the employee of a person contracting
682	with the agency by whom the employee is employed.
683	(3)  No agency employee shall, after retirement or
684	termination, have or hold any employment or contractual
685	relationship with any business entity other than an agency in
686	connection with any contract in which the agency employee
687	participated personally and substantially through decision,
688	approval, disapproval, recommendation, rendering of advice, or
689	investigation while an officer or employee. When the agency
690	employee's position is eliminated and his or her duties are
691	performed by the business entity, this subsection shall not
692	prohibit him or her from an employment or contractual
693	relationship with the business entity if the employee's
694	participation in the contract during agency employment was
695	limited to recommendation, rendering of advice, or investigation
696	and if the agency head determines that the best interests of the
697	state shall be served thereby and provides written approval of
698	the employment or contractual relationship prior to the
699	employee's employment or contractual relationship.
700	(4)  No agency employee shall, within 2 years after
701	retirement or termination, have or hold any employment or
702	contractual relationship with any business entity other than an
703	agency in connection with any contract for contractual services
704	which was within his or her responsibility while an employee. If
705	the agency employee's position is eliminated and his or her
706	duties are performed by the business entity, the provisions of
707	this subsection may be waived by the agency head if the agency
708	head determines that the best interests of the state shall be
709	served thereby and provides written approval of the employment
710	or contractual relationship prior to the employee's employment
711	or contractual relationship.
712	(5)  The sum of money paid to a former agency employee
713	during the first year after the cessation of his or her
714	responsibilities, by the agency with whom he or she was
715	employed, for contractual services provided to the agency, shall
716	not exceed the annual salary received on the date of cessation
717	of his or her responsibilities. The provisions of this
718	subsection may be waived by the agency head for a particular
719	contract if the agency head determines that such waiver will
720	result in significant time or cost savings for the state.
721	(6)  No agency employee shall, after retirement or
722	termination, represent or advise another person or entity,
723	except the state, in any matter in which the employee
724	participated personally in his or her official capacity through
725	decision, approval, disapproval, recommendation, rendering of
726	advice, investigation, or otherwise while an employee. The term
727	"matter" includes any judicial or other proceeding, application,
728	request for a ruling or other determination, contract, claim,
729	controversy, investigation, charge, accusation, arrest, or other
730	particular action involving a specific party or parties.
731	(7)  No agency employee acting in an official capacity
732	shall directly or indirectly procure contractual services for
733	his or her own agency from any business entity of which a
734	relative is an officer, partner, director, or proprietor or in
735	which such officer or employee or his or her spouse or child, or
736	any combination of them, has a material interest.
737	(8)(7)  A violation of any provision of this section is
738	punishable in accordance with s. 112.317.
739	(9)(8)  This section is not applicable to any employee of
740	the Public Service Commission who was so employed on or before
741	December 31, 1994.
742	Section 12.  Paragraph (f) of subsection (5) of section
743	112.3215, Florida Statutes, is amended to read:
744	112.3215  Lobbyists before the executive branch or the
745	Constitution Revision Commission; registration and reporting;
746	investigation by commission.--
747	(5)
748	(f)  The commission shall provide by rule the grounds for
749	waiving the fine and the procedures a procedure by which a
750	lobbyist who fails to timely file a report shall be notified and
751	assessed fines and may appeal. The rule shall provide for the
752	following:
753	1.  Upon determining that the report is late, the person
754	designated to review the timeliness of reports shall immediately
755	notify the lobbyist as to the failure to timely file the report
756	and that a fine is being assessed for each late day. The fine
757	shall be $50 per day per report for each late day up to a
758	maximum of $5,000 per late report.
759	2.  Upon receipt of the report, the person designated to
760	review the timeliness of reports shall determine the amount of
761	the fine due based upon the earliest of the following:
762	a.  When a report is actually received by the lobbyist
763	registration and reporting office.
764	b.  When the report is postmarked.
765	c.  When the certificate of mailing is dated.
766	d.  When the receipt from an established courier company is
767	dated.
768	3.  Such fine shall be paid within 30 days after the notice
769	of payment due is transmitted by the Lobbyist Registration
770	Office, unless appeal is made to the commission. The moneys
771	shall be deposited into the Executive Branch Lobby Registration
772	Trust Fund.
773	4.  A fine shall not be assessed against a lobbyist the
774	first time any reports for which the lobbyist is responsible are
775	not timely filed. However, to receive the one-time fine waiver,
776	all reports for which the lobbyist is responsible must be filed
777	within 30 days after the notice that any reports have not been
778	timely filed is transmitted by the Lobbyist Registration Office.
779	A fine shall be assessed for any subsequent late-filed reports.
780	5.  Any lobbyist may appeal or dispute a fine, based upon
781	unusual circumstances surrounding the failure to file on the
782	designated due date, and may request and shall be entitled to a
783	hearing before the commission, which shall have the authority to
784	waive the fine in whole or in part for good cause shown. Any
785	such request shall be made within 30 days after the notice of
786	payment due is transmitted by the Lobbyist Registration Office.
787	In such case, the lobbyist shall, within the 30-day period,
788	notify the person designated to review the timeliness of reports
789	in writing of his or her intention to bring the matter before
790	the commission.
791	6.  The person designated to review the timeliness of
792	reports shall notify the commission of the failure of a lobbyist
793	to file a report after notice or of the failure of a lobbyist to
794	pay the fine imposed. The registration of a lobbyist who fails
795	to timely pay a fine is automatically suspended until the fine
796	is paid, unless an appeal of the fine is pending before the
797	commission. The commission shall provide a written suspension
798	notice to each lobbyist whose registration has been
799	automatically suspended.
800	7.  Notwithstanding any provision of chapter 120, any fine
801	imposed under this subsection that is not waived by final order
802	of the commission and that remains unpaid more than 60 days
803	after the notice of payment due or more than 60 days after the
804	commission renders a final order on the lobbyist's appeal shall
805	be collected by the Department of Financial Services as a claim,
806	debt, or other obligation owed to the state, and the department
807	may assign the collection of such fine to a collection agent as
808	provided in s. 17.20.
809	Section 13.  Subsection (4) of section 112.322, Florida
810	Statutes, is amended to read:
811	112.322  Duties and powers of commission.--
812	(4)  The commission has the power to subpoena, audit, and
813	investigate. The commission may subpoena witnesses and compel
814	their attendance and testimony, administer oaths and
815	affirmations, take evidence, and require by subpoena the
816	production of any books, papers, records, or other items
817	relevant to the performance of the duties of the commission or
818	to the exercise of its powers. The commission may delegate to
819	its investigators the authority to administer oaths and
820	affirmations. The commission may delegate the authority to issue
821	subpoenas to its chair, and may authorize its employees to serve
822	any subpoena issued under this section. In the case of a refusal
823	to obey a subpoena issued to any person, the commission may make
824	application to any circuit court of this state which shall have
825	jurisdiction to order the witness to appear before the
826	commission and to produce evidence, if so ordered, or to give
827	testimony touching on the matter in question. Failure to obey
828	the order may be punished by the court as contempt. Witnesses
829	shall be paid mileage and witnesses fees as authorized for
830	witnesses in civil cases, except that a witness who is required
831	to travel outside the county of his or her residence to testify
832	shall be entitled to per diem and travel expenses at the same
833	rate provided for state employees under s. 112.061, to be paid
834	after the witness appears.
835	Section 14.  Subsections (3) and (4) of section 914.21,
836	Florida Statutes, are amended to read:
837	914.21  Definitions.--As used in ss. 914.22-914.24, the
838	term:
839	(3)  "Official investigation" means any investigation
840	instituted by a law enforcement agency or prosecuting officer of
841	the state or a political subdivision of the state or any
842	investigation conducted by the Florida Commission on Ethics.
843	(4)  "Official proceeding" means:
844	(a)  A proceeding before a judge or court or a grand jury;
845	(b)  A proceeding before the Legislature; or
846	(c)  A proceeding before a federal agency which is
847	authorized by law; or
848	(d)  A proceeding before the Florida Commission on Ethics.
849	Section 15.  This act shall take effect October 1, 2005.

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