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 |
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56 | Be It Enacted by the Legislature of the State of Florida: |
57 |
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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. |