HB 1377

1
A bill to be entitled
2An act relating to ethics; amending s. 104.31, F.S.;
3prohibiting state or political subdivision employees from
4participating in political campaigns during on-duty hours
5or certain other hours; amending s. 112.313, F.S.;
6applying the prohibition on disclosure or use of certain
7information to former public officers, public employees,
8and local government attorneys; providing an exception to
9such prohibition; revising postemployment restrictions to
10apply to other-personal-services temporary employees;
11exempting certain agency employees from postemployment
12restrictions; providing for certain disclosure statements
13to be filed with the Commission on Ethics instead of the
14Department of State; revising a prohibition on lobbying by
15former local officers to preclude representation before
16the government body or agency an officer has served;
17providing applicability; amending s. 112.3144, F.S.;
18providing for reporting of assets held by joint tenancy,
19joint tenancy with right of survivorship, and partnership
20and reporting of certain liabilities; amending s.
21112.3145, F.S.; requiring the commission to send
22delinquency notices with return receipt requested;
23amending s. 112.3147, F.S.; requiring an attestation with
24respect to information provided on required forms;
25deleting a redundant provision; amending s. 112.3148,
26F.S.; requiring gift disclosure forms of individuals who
27left office or employment during the calendar year to be
28filed by a date certain; allowing quarterly gift
29disclosure forms to be considered timely filed if
30postmarked on or before the due date; amending s.
31112.3149, F.S.; requiring gift disclosure statements of
32individuals who left office or employment during the
33calendar year to be filed by a date certain; amending s.
34112.317, F.S.; authorizing the commission to recommend
35restitution be paid to the agency damaged by the violation
36or to the General Revenue Fund; authorizing the Attorney
37General to collect certain costs and fees incurred in
38bringing certain actions; deleting a provision rendering a
39breach of confidentiality of an ethics proceeding a
40misdemeanor; amending s. 112.3185, F.S.; providing for
41certain former agency employees to be employed by or have
42a contractual relationship with certain business entities;
43prohibiting a former agency employee from representing a
44client before the employee's former agency in certain
45matters; amending s. 112.3215, F.S.; revising the
46commission's rulemaking authority regarding appeals of
47certain fines; providing for automatic suspended
48registration for lobbyists who fail to timely pay a
49certain fine; providing an exception; requiring the
50commission to provide written notice to any lobbyist whose
51registration is automatically suspended; amending s.
52112.322, F.S.; revising provisions relating to payment of
53witnesses; amending s. 914.21, F.S.; revising definitions;
54providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Subsections (2) and (3) of section 104.31,
59Florida Statutes, are renumbered as subsections (3) and (4),
60respectively, and a new subsection (2) is added to said section,
61to read:
62     104.31  Political activities of state, county, and
63municipal officers and employees.--
64     (2)  An employee of the state or any political subdivision
65may not participate in any political campaign for an elective
66office while on duty or within any period of time during which
67the employee is expected to perform services for which he or she
68receives compensation from the state or political subdivision.
69     Section 2.  Subsections (8), (9), (12), and (14) of section
70112.313, Florida Statutes, are amended to read:
71     112.313  Standards of conduct for public officers,
72employees of agencies, and local government attorneys.--
73     (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
74or former public officer, employee of an agency, or local
75government attorney shall disclose or use information not
76available to members of the general public and gained by reason
77of his or her official position, except for information relating
78exclusively to governmental practices, for his or her personal
79gain or benefit or for the personal gain or benefit of any other
80person or business entity.
81     (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
82LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
83     (a)1.  It is the intent of the Legislature to implement by
84statute the provisions of s. 8(e), Art. II of the State
85Constitution relating to legislators, statewide elected
86officers, appointed state officers, and designated public
87employees.
88     2.  As used in this paragraph:
89     a.  "Employee" means:
90     (I)  Any person employed in the executive or legislative
91branch of government holding a position in the Senior Management
92Service as defined in s. 110.402 or any person holding a
93position in the Selected Exempt Service as defined in s. 110.602
94or any person having authority over policy or procurement
95employed by the Department of the Lottery.
96     (II)  The Auditor General, the director of the Office of
97Program Policy Analysis and Government Accountability, the
98Sergeant at Arms and Secretary of the Senate, and the Sergeant
99at Arms and Clerk of the House of Representatives.
100     (III)  The executive director of the Legislative Committee
101on Intergovernmental Relations and the executive director and
102deputy executive director of the Commission on Ethics.
103     (IV)  An executive director, staff director, or deputy
104staff director of each joint committee, standing committee, or
105select committee of the Legislature; an executive director,
106staff director, executive assistant, analyst, or attorney of the
107Office of the President of the Senate, the Office of the Speaker
108of the House of Representatives, the Senate Majority Party
109Office, Senate Minority Party Office, House Majority Party
110Office, or House Minority Party Office; or any person, hired on
111a contractual basis, having the power normally conferred upon
112such persons, by whatever title.
113     (V)  The Chancellor and Vice Chancellors of the State
114University System; the general counsel to the Board of Regents;
115and the president, vice presidents, and deans of each state
116university.
117     (VI)  Any person, including an other-personal-services
118temporary employee, having the power normally conferred upon the
119positions referenced in this sub-subparagraph.
120     b.  "Appointed state officer" means any member of an
121appointive board, commission, committee, council, or authority
122of the executive or legislative branch of state government whose
123powers, jurisdiction, and authority are not solely advisory and
124include the final determination or adjudication of any personal
125or property rights, duties, or obligations, other than those
126relative to its internal operations.
127     c.  "State agency" means an entity of the legislative,
128executive, or judicial branch of state government over which the
129Legislature exercises plenary budgetary and statutory control.
130     3.  No member of the Legislature, appointed state officer,
131or statewide elected officer shall personally represent another
132person or entity for compensation before the government body or
133agency of which the individual was an officer or member for a
134period of 2 years following vacation of office. No member of the
135Legislature shall personally represent another person or entity
136for compensation during his or her term of office before any
137state agency other than judicial tribunals or in settlement
138negotiations after the filing of a lawsuit.
139     4.  No agency employee shall personally represent another
140person or entity for compensation before the agency with which
141he or she was employed for a period of 2 years following
142vacation of position, unless employed by another agency of state
143government.
144     5.  Any person violating this paragraph shall be subject to
145the penalties provided in s. 112.317 and a civil penalty of an
146amount equal to the compensation which the person receives for
147the prohibited conduct.
148     6.  This paragraph is not applicable to:
149     a.  A person employed by the Legislature or other agency
150prior to July 1, 1989;
151     b.  A person who was employed by the Legislature or other
152agency on July 1, 1989, whether or not the person was a defined
153employee on July 1, 1989;
154     c.  A person who was a defined employee of the State
155University System or the Public Service Commission who held such
156employment on December 31, 1994;
157     d.  A person who has reached normal retirement age as
158defined in s. 121.021(29), and who has retired under the
159provisions of chapter 121 by July 1, 1991; or
160     e.  Any appointed state officer whose term of office began
161before January 1, 1995, unless reappointed to that office on or
162after January 1, 1995; or
163     f.  An agency employee whose position was transferred from
164the Career Service System to the Selected Exempt Service
165pursuant to chapter 2001-43, Laws of Florida.
166     (b)  In addition to the provisions of this part which are
167applicable to legislators and legislative employees by virtue of
168their being public officers or employees, the conduct of members
169of the Legislature and legislative employees shall be governed
170by the ethical standards provided in the respective rules of the
171Senate or House of Representatives which are not in conflict
172herewith.
173     (12)  EXEMPTION.--The requirements of subsections (3) and
174(7) as they pertain to persons serving on advisory boards may be
175waived in a particular instance by the body which appointed the
176person to the advisory board, upon a full disclosure of the
177transaction or relationship to the appointing body prior to the
178waiver and an affirmative vote in favor of waiver by two-thirds
179vote of that body. In instances in which appointment to the
180advisory board is made by an individual, waiver may be effected,
181after public hearing, by a determination by the appointing
182person and full disclosure of the transaction or relationship by
183the appointee to the appointing person. In addition, no person
184shall be held in violation of subsection (3) or subsection (7)
185if:
186     (a)  Within a city or county the business is transacted
187under a rotation system whereby the business transactions are
188rotated among all qualified suppliers of the goods or services
189within the city or county.
190     (b)  The business is awarded under a system of sealed,
191competitive bidding to the lowest or best bidder and:
192     1.  The official or the official's spouse or child has in
193no way participated in the determination of the bid
194specifications or the determination of the lowest or best
195bidder;
196     2.  The official or the official's spouse or child has in
197no way used or attempted to use the official's influence to
198persuade the agency or any personnel thereof to enter such a
199contract other than by the mere submission of the bid; and
200     3.  The official, prior to or at the time of the submission
201of the bid, has filed a statement with the Commission on Ethics
202Department of State, if the official is a state officer or
203employee, or with the supervisor of elections of the county in
204which the agency has its principal office, if the official is an
205officer or employee of a political subdivision, disclosing the
206official's interest, or the interest of the official's spouse or
207child, and the nature of the intended business.
208     (c)  The purchase or sale is for legal advertising in a
209newspaper, for any utilities service, or for passage on a common
210carrier.
211     (d)  An emergency purchase or contract which would
212otherwise violate a provision of subsection (3) or subsection
213(7) must be made in order to protect the health, safety, or
214welfare of the citizens of the state or any political
215subdivision thereof.
216     (e)  The business entity involved is the only source of
217supply within the political subdivision of the officer or
218employee and there is full disclosure by the officer or employee
219of his or her interest in the business entity to the governing
220body of the political subdivision prior to the purchase, rental,
221sale, leasing, or other business being transacted.
222     (f)  The total amount of the transactions in the aggregate
223between the business entity and the agency does not exceed $500
224per calendar year.
225     (g)  The fact that a county or municipal officer or member
226of a public board or body, including a district school officer
227or an officer of any district within a county, is a stockholder,
228officer, or director of a bank will not bar such bank from
229qualifying as a depository of funds coming under the
230jurisdiction of any such public board or body, provided it
231appears in the records of the agency that the governing body of
232the agency has determined that such officer or member of a
233public board or body has not favored such bank over other
234qualified banks.
235     (h)  The transaction is made pursuant to s. 1004.22 or s.
2361004.23 and is specifically approved by the president and the
237chair of the university board of trustees. The chair of the
238university board of trustees shall submit to the Governor and
239the Legislature by March 1 of each year a report of the
240transactions approved pursuant to this paragraph during the
241preceding year.
242     (i)  The public officer or employee purchases in a private
243capacity goods or services, at a price and upon terms available
244to similarly situated members of the general public, from a
245business entity which is doing business with his or her agency.
246     (j)  The public officer or employee in a private capacity
247purchases goods or services from a business entity which is
248subject to the regulation of his or her agency and:
249     1.  The price and terms of the transaction are available to
250similarly situated members of the general public; and
251     2.  The officer or employee makes full disclosure of the
252relationship to the agency head or governing body prior to the
253transaction.
254     (14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
255person who has been elected to any county, municipal, special
256district, or school district office may not personally represent
257another person or entity for compensation before the government
258governing body or agency of which the person served as was an
259officer for a period of 2 years after vacating that office.
260     Section 3.  Subsections (4), (5), and (6) of section
261112.3144, 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
264section, to read:
265     112.3144  Full and public disclosure of financial
266interests.--
267     (4)(a)  The reported amount of assets valued in excess of
268$1,000 on forms prescribed pursuant to this section which the
269reporting individual holds jointly with another person shall be
270based on the reporting individual's legal percentage of
271ownership in the property, except that assets held jointly, with
272right of survivorship, shall be reported at 100 percent of the
273value of the asset. For purposes of this subsection, a reporting
274individual is deemed to own an interest in a partnership which
275corresponds to the reporting individual's interest in the
276capital or equity of the partnership.
277     (b)1.  The reported amount of liabilities valued in excess
278of $1,000 on forms prescribed pursuant to this section for which
279the reporting individual is jointly and severally liable shall
280be based upon the reporting individual's percentage of liability
281rather than the total amount of the liability. Debt secured by
282property owned by the reporting individual that is held jointly,
283with right of survivorship, shall be reported at 100 percent of
284the total amount owed.
285     2.  A separate section of the form shall be created to
286provide for the reporting of the amounts of joint and several
287liability of the reporting individual not otherwise reported in
288subparagraph 1.
289     (5)(4)  Forms for compliance with the full and public
290disclosure requirements of s. 8, Art. II of the State
291Constitution shall be created by the Commission on Ethics. The
292commission shall give notice of disclosure deadlines and
293delinquencies and distribute forms in the following manner:
294     (g)  The notification requirements and fines of this
295subsection do not apply to candidates or to the first filing
296required of any person appointed to elective constitutional
297office or other position required to file full and public
298disclosure, unless the person's name is on the commission's
299notification list and the person received notification from the
300commission. The appointing official shall notify such newly
301appointed person of the obligation to file full and public
302disclosure by July 1. The notification requirements and fines of
303this subsection do not apply to the final filing provided for in
304subsection (6)(5).
305     Section 4.  Paragraph (c) of subsection (6) of section
306112.3145, Florida Statutes, is amended to read:
307     112.3145  Disclosure of financial interests and clients
308represented before agencies.--
309     (6)  Forms for compliance with the disclosure requirements
310of this section and a current list of persons subject to
311disclosure shall be created by the commission and provided to
312each supervisor of elections. The commission and each supervisor
313of elections shall give notice of disclosure deadlines and
314delinquencies and distribute forms in the following manner:
315     (c)  Not later than 30 days after July 1 of each year, the
316commission and each supervisor of elections shall determine
317which persons required to file a statement of financial
318interests in their respective offices have failed to do so and
319shall send delinquency notices by certified mail, return receipt
320requested, to such persons. Each notice shall state that a grace
321period is in effect until September 1 of the current year; that
322no investigative or disciplinary action based upon the
323delinquency will be taken by the agency head or commission if
324the statement is filed by September 1 of the current year; that,
325if the statement is not filed by September 1 of the current
326year, a fine of $25 for each day late will be imposed, up to a
327maximum penalty of $1,500; for notices sent by a supervisor of
328elections, that he or she is required by law to notify the
329commission of the delinquency; and that, if upon the filing of a
330sworn complaint the commission finds that the person has failed
331to timely file the statement within 60 days after September 1 of
332the current year, such person will also be subject to the
333penalties provided in s. 112.317.
334     Section 5.  Section 112.3147, Florida Statutes, is amended
335to read:
336     112.3147  Forms.--
337     (1)  All information required to be furnished by ss.
338112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
339and by s. 8, Art. II of the State Constitution shall be on forms
340prescribed by the Commission on Ethics. Persons shall attest
341that the information disclosed on the forms and any attachments
342is true, accurate, and complete, in all material aspects, to the
343best of their knowledge.
344     (2)(a)  With respect to reporting assets valued in excess
345of $1,000 on forms prescribed pursuant to s. 112.3144 which the
346reporting individual holds jointly with another person, the
347amount reported shall be based on the reporting individual's
348legal percentage of ownership in the property, except that
349assets held jointly with the reporting individual's spouse shall
350be reported at 100 percent of the value of the asset. For
351purposes of this subsection, a reporting individual is deemed to
352own an interest in a partnership which corresponds to the
353reporting individual's interest in the capital or equity of the
354partnership.
355     (b)1.  With respect to reporting liabilities valued in
356excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
357which the reporting individual is jointly and severally liable,
358the amount reported shall be based upon the reporting
359individual's percentage of liability rather than the total
360amount of the liability, except, a joint and several liability
361with the reporting individual's spouse for a debt which relates
362to property owned by both as tenants by the entirety shall be
363reported at 100 percent of the total amount owed.
364     2.  A separate section of the form shall be created to
365provide for the reporting of the amounts of joint and several
366liability of the reporting individual not otherwise reported in
367paragraph (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
371individuals filing full or limited public disclosure of
372financial interests and by procurement employees.--
373     (6)
374     (d)  No later than July 1 of each year, each reporting
375individual or procurement employee shall file a statement
376listing each gift having a value in excess of $100 received by
377the reporting individual or procurement employee, either
378directly or indirectly, from a governmental entity or a direct-
379support organization specifically authorized by law to support a
380governmental entity. The statement shall list the name of the
381person providing the gift, a description of the gift, the date
382or dates on which the gift was given, and the value of the total
383gifts given during the calendar year for which the report is
384made. The reporting individual or procurement employee shall
385attach to such statement any report received by him or her in
386accordance with paragraph (c), which report shall become a
387public record when filed with the statement of the reporting
388individual or procurement employee. The reporting individual or
389procurement employee may explain any differences between the
390report of the reporting individual or procurement employee and
391the attached reports. The annual report filed by a reporting
392individual shall be filed with the financial disclosure
393statement required by either s. 8, Art. II of the State
394Constitution or s. 112.3145, as applicable to the reporting
395individual. The annual report filed by a procurement employee
396shall be filed with the Commission on Ethics. The report filed
397by a reporting individual or procurement employee who left
398office or employment during the calendar year covered by the
399report shall be filed by July 1 of the year after leaving office
400or employment at the same location as his or her final financial
401disclosure statement or, in the case of a former procurement
402employee, with the Commission on Ethics.
403     (8)(a)  Each reporting individual or procurement employee
404shall file a statement with the Commission on Ethics no later
405than on the last day of each calendar quarter, for the previous
406calendar quarter, containing a list of gifts which he or she
407believes to be in excess of $100 in value, if any, accepted by
408him or her, for which compensation was not provided by the donee
409to the donor within 90 days of receipt of the gift to reduce the
410value 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
414section.
415     (b)  The statement shall include:
416     1.  A description of the gift, the monetary value of the
417gift, the name and address of the person making the gift, and
418the dates thereof. If any of these facts, other than the gift
419description, are unknown or not applicable, the report shall so
420state.
421     2.  A copy of any receipt for such gift provided to the
422reporting individual or procurement employee by the donor.
423     (c)  The statement may include an explanation of any
424differences between the reporting individual's or procurement
425employee's statement and the receipt provided by the donor.
426     (d)  The reporting individual's or procurement employee's
427statement shall be sworn to by such person as being a true,
428accurate, and total listing of all such gifts.
429     (e)  Statements shall be filed not later than 5 p.m. of the
430due date. However, any statement that is postmarked by the
431United States Postal Service by midnight of the due date shall
432be deemed to have been filed in a timely manner, and a
433certificate of mailing obtained from and dated by the United
434States Postal Service at the time of the mailing, or a receipt
435from an established courier company which bears a date on or
436before the due date, shall be proof of mailing in a timely
437manner.
438     (f)(e)  If a reporting individual or procurement employee
439has not received any gifts described in paragraph (a) during a
440calendar quarter, he or she is not required to file a statement
441under this subsection for that calendar quarter.
442     Section 7.  Subsection (6) of section 112.3149, Florida
443Statutes, is amended to read:
444     112.3149  Solicitation and disclosure of honoraria.--
445     (6)  A reporting individual or procurement employee who
446receives payment or provision of expenses related to any
447honorarium event from a person who is prohibited by subsection
448(4) from paying an honorarium to a reporting individual or
449procurement employee shall publicly disclose on an annual
450statement the name, address, and affiliation of the person
451paying or providing the expenses; the amount of the honorarium
452expenses; the date of the honorarium event; a description of the
453expenses paid or provided on each day of the honorarium event;
454and the total value of the expenses provided to the reporting
455individual or procurement employee in connection with the
456honorarium event. The annual statement of honorarium expenses
457shall be filed by July 1 of each year for such expenses received
458during the previous calendar year. The reporting individual or
459procurement employee shall attach to the annual statement a copy
460of each statement received by him or her in accordance with
461subsection (5) regarding honorarium expenses paid or provided
462during the calendar year for which the annual statement is
463filed. Such attached statement shall become a public record upon
464the filing of the annual report. The annual statement of a
465reporting individual shall be filed with the financial
466disclosure statement required by either s. 8, Art. II of the
467State Constitution or s. 112.3145, as applicable to the
468reporting individual. The annual statement of a procurement
469employee shall be filed with the Commission on Ethics. The
470statement filed by a reporting individual or procurement
471employee who left office or employment during the calendar year
472covered by the statement shall be filed by July 1 of the year
473after leaving office or employment at the same location as his
474or her final financial disclosure statement or, in the case of a
475former procurement employee, with the Commission on Ethics.
476     Section 8.  Subsections (1), (2), and (6) of section
477112.317, 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,
481but not limited to, any failure to file any disclosures required
482by this part or violation of any standard of conduct imposed by
483this part, or violation of any provision of s. 8, Art. II of the
484State Constitution, in addition to any criminal penalty or other
485civil penalty involved, shall, pursuant to applicable
486constitutional and statutory procedures, constitute grounds for,
487and 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
494for no more than 12 months.
495     6.  A civil penalty not to exceed $10,000.
496     7.  Restitution of any pecuniary benefits received because
497of the violation committed. The commission may recommend that
498the restitution penalty be paid to the agency of which the
499public officer was a member or to the General Revenue Fund of
500the state.
501     (b)  In the case of an employee or a person designated as a
502public officer by this part who otherwise would be deemed to be
503an employee:
504     1.  Dismissal from employment.
505     2.  Suspension from employment for not more than 90 days
506without pay.
507     3.  Demotion.
508     4.  Reduction in salary level.
509     5.  Forfeiture of no more than one-third salary per month
510for no more than 12 months.
511     6.  A civil penalty not to exceed $10,000.
512     7.  Restitution of any pecuniary benefits received because
513of the violation committed. The commission may recommend that
514the restitution penalty be paid to the agency by which such
515public employee was employed or of which such officer was deemed
516to 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
519of this part or s. 8(a) and (i), Art. II of the State
520Constitution:
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
526has violated a provision applicable to former officers or
527employees or whose violation occurred prior to such officer's or
528employee'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
532of the violation committed. The commission may recommend that
533the restitution penalty be paid to the agency of which such
534public officer was a member or deemed to be an employee or by
535which such public employee was employed or to the General
536Revenue Fund of the state.
537     (2)  In any case in which the commission finds a violation
538of this part or of s. 8, Art. II of the State Constitution and
539the proper disciplinary official or body under s. 112.324
540imposes recommends a civil penalty or restitution penalty, the
541Attorney General shall bring a civil action to recover such
542penalty. No defense may be raised in the civil action to enforce
543the civil penalty or order of restitution that could have been
544raised by judicial review of the administrative findings and
545recommendations of the commission by certiorari to the district
546court of appeal. The Attorney General shall be entitled to
547collect any costs, attorney's fees, expert witness fees, or
548other costs of collection incurred in bringing such action.
549     (6)  Any person who willfully discloses, or permits to be
550disclosed, his or her intention to file a complaint, the
551existence or contents of a complaint which has been filed with
552the commission, or any document, action, or proceeding in
553connection with a confidential preliminary investigation of the
554commission, before such complaint, document, action, or
555proceeding becomes a public record as provided herein commits a
556misdemeanor of the first degree, punishable as provided in s.
557775.082 or s. 775.083.
558     Section 9.  Section 112.3185, Florida Statutes, is amended
559to read:
560     112.3185  Additional standards for state agency employees
561Contractual services.--
562     (1)  For the purposes of this section:
563     (a)  "Contractual services" shall be defined as set forth
564in chapter 287.
565     (b)  "Agency" means any state officer, department, board,
566commission, or council of the executive or judicial branch of
567state government and includes the Public Service Commission.
568     (2)  No agency employee who participates through decision,
569approval, disapproval, recommendation, preparation of any part
570of a purchase request, influencing the content of any
571specification or procurement standard, rendering of advice,
572investigation, or auditing or in any other advisory capacity in
573the procurement of contractual services shall become or be,
574while an agency employee, the employee of a person contracting
575with the agency by whom the employee is employed.
576     (3)  No agency employee shall, after retirement or
577termination, have or hold any employment or contractual
578relationship with any business entity other than an agency in
579connection with any contract in which the agency employee
580participated personally and substantially through decision,
581approval, disapproval, recommendation, rendering of advice, or
582investigation while an officer or employee. When the agency
583employee's position is eliminated and his or her duties are
584performed by the business entity, this subsection shall not
585prohibit him or her from an employment or contractual
586relationship with the business entity if the employee's
587participation in the contract during agency employment was
588limited to recommendation, rendering of advice, or investigation
589and if the agency head determines that the best interests of the
590state shall be served thereby and provides written approval of
591the employment or contractual relationship prior to the
592employee's employment or contractual relationship.
593     (4)  No agency employee shall, within 2 years after
594retirement or termination, have or hold any employment or
595contractual relationship with any business entity other than an
596agency in connection with any contract for contractual services
597which was within his or her responsibility while an employee. If
598the agency employee's position is eliminated and his or her
599duties are performed by the business entity, the provisions of
600this subsection may be waived by the agency head if the agency
601head determines that the best interests of the state shall be
602served thereby and provides written approval of the employment
603or contractual relationship prior to the employee's employment
604or contractual relationship.
605     (5)  The sum of money paid to a former agency employee
606during the first year after the cessation of his or her
607responsibilities, by the agency with whom he or she was
608employed, for contractual services provided to the agency, shall
609not exceed the annual salary received on the date of cessation
610of his or her responsibilities. The provisions of this
611subsection may be waived by the agency head for a particular
612contract if the agency head determines that such waiver will
613result in significant time or cost savings for the state.
614     (6)  No agency employee shall, after retirement or
615termination, represent or advise another person or entity,
616except the state, in any matter in which the employee
617participated personally in his or her official capacity through
618decision, approval, disapproval, recommendation, rendering of
619advice, investigation, or otherwise while an employee. The term
620"matter" includes any judicial or other proceeding, application,
621request for a ruling or other determination, contract, claim,
622controversy, investigation, charge, accusation, arrest, or other
623particular action involving a specific party or parties.
624     (7)  No agency employee acting in an official capacity
625shall directly or indirectly procure contractual services for
626his or her own agency from any business entity of which a
627relative is an officer, partner, director, or proprietor or in
628which such officer or employee or his or her spouse or child, or
629any combination of them, has a material interest.
630     (8)(7)  A violation of any provision of this section is
631punishable in accordance with s. 112.317.
632     (9)(8)  This section is not applicable to any employee of
633the Public Service Commission who was so employed on or before
634December 31, 1994.
635     Section 10.  Paragraph (f) of subsection (5) of section
636112.3215, Florida Statutes, is amended to read:
637     112.3215  Lobbyists before the executive branch or the
638Constitution Revision Commission; registration and reporting;
639investigation by commission.--
640     (5)
641     (f)  The commission shall provide by rule the grounds for
642waiving the fine and the procedures a procedure by which a
643lobbyist who fails to timely file a report shall be notified and
644assessed fines and may appeal. The rule shall provide for the
645following:
646     1.  Upon determining that the report is late, the person
647designated to review the timeliness of reports shall immediately
648notify the lobbyist as to the failure to timely file the report
649and that a fine is being assessed for each late day. The fine
650shall be $50 per day per report for each late day up to a
651maximum of $5,000 per late report.
652     2.  Upon receipt of the report, the person designated to
653review the timeliness of reports shall determine the amount of
654the fine due based upon the earliest of the following:
655     a.  When a report is actually received by the lobbyist
656registration 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
660dated.
661     3.  Such fine shall be paid within 30 days after the notice
662of payment due is transmitted by the Lobbyist Registration
663Office, unless appeal is made to the commission. The moneys
664shall be deposited into the Executive Branch Lobby Registration
665Trust Fund.
666     4.  A fine shall not be assessed against a lobbyist the
667first time any reports for which the lobbyist is responsible are
668not timely filed. However, to receive the one-time fine waiver,
669all reports for which the lobbyist is responsible must be filed
670within 30 days after the notice that any reports have not been
671timely filed is transmitted by the Lobbyist Registration Office.
672A fine shall be assessed for any subsequent late-filed reports.
673     5.  Any lobbyist may appeal or dispute a fine, based upon
674unusual circumstances surrounding the failure to file on the
675designated due date, and may request and shall be entitled to a
676hearing before the commission, which shall have the authority to
677waive the fine in whole or in part for good cause shown. Any
678such request shall be made within 30 days after the notice of
679payment due is transmitted by the Lobbyist Registration Office.
680In such case, the lobbyist shall, within the 30-day period,
681notify the person designated to review the timeliness of reports
682in writing of his or her intention to bring the matter before
683the commission.
684     6.  The person designated to review the timeliness of
685reports shall notify the commission of the failure of a lobbyist
686to file a report after notice or of the failure of a lobbyist to
687pay the fine imposed. The registration of a lobbyist who fails
688to timely pay a fine is automatically suspended until the fine
689is paid, unless an appeal of the fine is pending before the
690commission. The commission shall provide a written suspension
691notice to each lobbyist whose registration has been
692automatically suspended.
693     7.  Notwithstanding any provision of chapter 120, any fine
694imposed under this subsection that is not waived by final order
695of the commission and that remains unpaid more than 60 days
696after the notice of payment due or more than 60 days after the
697commission renders a final order on the lobbyist's appeal shall
698be collected by the Department of Financial Services as a claim,
699debt, or other obligation owed to the state, and the department
700may assign the collection of such fine to a collection agent as
701provided in s. 17.20.
702     Section 11.  Subsection (4) of section 112.322, Florida
703Statutes, is amended to read:
704     112.322  Duties and powers of commission.--
705     (4)  The commission has the power to subpoena, audit, and
706investigate. The commission may subpoena witnesses and compel
707their attendance and testimony, administer oaths and
708affirmations, take evidence, and require by subpoena the
709production of any books, papers, records, or other items
710relevant to the performance of the duties of the commission or
711to the exercise of its powers. The commission may delegate to
712its investigators the authority to administer oaths and
713affirmations. The commission may delegate the authority to issue
714subpoenas to its chair, and may authorize its employees to serve
715any subpoena issued under this section. In the case of a refusal
716to obey a subpoena issued to any person, the commission may make
717application to any circuit court of this state which shall have
718jurisdiction to order the witness to appear before the
719commission and to produce evidence, if so ordered, or to give
720testimony touching on the matter in question. Failure to obey
721the order may be punished by the court as contempt. Witnesses
722shall be paid mileage and witnesses fees as authorized for
723witnesses in civil cases, except that a witness who is required
724to travel outside the county of his or her residence to testify
725shall be entitled to per diem and travel expenses at the same
726rate provided for state employees under s. 112.061, to be paid
727after the witness appears.
728     Section 12.  Subsections (3) and (4) of section 914.21,
729Florida Statutes, are amended to read:
730     914.21  Definitions.--As used in ss. 914.22-914.24, the
731term:
732     (3)  "Official investigation" means any investigation
733instituted by a law enforcement agency or prosecuting officer of
734the state or a political subdivision of the state or any
735investigation 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
740authorized by law; or
741     (d)  A proceeding before the Florida Commission on Ethics.
742     Section 13.  This act shall take effect October 1, 2005.


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