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