HB 1377

1	A bill to be entitled
2	An act relating to ethics for public officers and
3	employees; amending s. 104.31, F.S.; prohibiting employees
4	of the state and its political subdivisions from
5	participating in a political campaign;  amending s.
6	112.313, F.S.; prohibiting certain disclosures by a former
7	public officer, agency employee, or local government
8	attorney; redefining the term "employee" to include
9	certain other-personal-services employees for certain
10	postemployment activities; providing an exemption from
11	provisions prohibiting conflicts in employment to a person
12	who, after serving on an advisory board, files a statement
13	with the Commission on Ethics relating to a bid or
14	submission; amending s. 112.3144, F.S.; specifying how
15	assets valued in excess of $1,000 are to be reported by a
16	reporting individual; amending s. 112.3145, F.S.;
17	requiring that a delinquency notice be sent to certain
18	officeholders by certified mail, return receipt requested;
19	revising certain filing deadlines; amending s. 112.3147,
20	F.S.; deleting certain provisions relating to reporting
21	the value of assets; amending s. 112.3148, F.S.; providing
22	requirements for persons who have left office or
23	employment as to filing a report relating to gifts;
24	amending s. 112.3149, F.S.; requiring that a report of
25	honoraria by a person who left office or employment be
26	filed by a specified date; amending s. 112.317, F.S.;
27	authorizing the commission to recommend a restitution
28	penalty be paid to the agency or the General Revenue Fund;
29	authorizing the Attorney General to recover costs for
30	filing suit to collect penalties and fines; deleting
31	provisions imposing a penalty for the disclosure of
32	information concerning a complaint or an investigation;
33	amending 112.3185, F.S.; providing additional standards
34	for state agency employees relating to procurement of
35	goods and services by a state agency; authorizing an
36	employee whose position was eliminated to engage in
37	certain contractual activities; prohibiting former
38	employees from certain specified activities; amending s.
39	112.321, F.S.; prohibiting an individual who qualifies as
40	a lobbyist from serving on the commission; prohibiting a
41	member of the commission from lobbying any state or local
42	governmental entity; providing exceptions for individuals
43	who are members of the commission on the effective date of
44	the act until the expiration of their current terms;
45	amending s. 112.3215, F.S.; requiring the commission to
46	adopt a rule detailing the grounds for waiving a fine and
47	the procedures when a lobbyist fails to timely file his or
48	her report; requiring automatic suspension of a lobbyist's
49	registration if the fine is not timely paid; requiring the
50	commission to provide written notice to any lobbyist whose
51	registration is automatically suspended; amending s.
52	112.322, F.S.; authorizing travel and per diem expenses
53	for certain witnesses; amending s. 914.21, F.S.;
54	redefining the terms "official investigation" and
55	"official proceeding," for purposes of provisions relating
56	to tampering with witnesses, to include an investigation
57	by the Commission on Ethics; providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Present subsections (2) and (3) of section
62	104.31, Florida Statutes, are redesignated as subsections (3)
63	and (4), respectively, and a new subsection (2) is added to that
64	section, to read:
65	104.31  Political activities of state, county, and
66	municipal officers and employees.--
67	(2)  An employee of the state or any political subdivision
68	may not participate in any political campaign for an elective
69	office while on duty.
70	Section 2.  Subsection (8), paragraph (a) of subsection
71	(9), paragraph (b) of subsection (12), and subsection (14) of
72	section 112.313, Florida Statutes, are amended to read:
73	112.313  Standards of conduct for public officers,
74	employees of agencies, and local government attorneys.--
75	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
76	or former public officer, employee of an agency, or local
77	government attorney shall disclose or use information not
78	available to members of the general public and gained by reason
79	of his or her official position, except for information relating
80	exclusively to governmental practices, for his or her personal
81	gain or benefit or for the personal gain or benefit of any other
82	person or business entity.
83	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
84	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
85	(a)1.  It is the intent of the Legislature to implement by
86	statute the provisions of s. 8(e), Art. II of the State
87	Constitution relating to legislators, statewide elected
88	officers, appointed state officers, and designated public
89	employees.
90	2.  As used in this paragraph:
91	a.  "Employee" means:
92	(I)  Any person employed in the executive or legislative
93	branch of government holding a position in the Senior Management
94	Service as defined in s. 110.402 or any person holding a
95	position in the Selected Exempt Service as defined in s. 110.602
96	or any person having authority over policy or procurement
97	employed by the Department of the Lottery.
98	(II)  The Auditor General, the director of the Office of
99	Program Policy Analysis and Government Accountability, the
100	Sergeant at Arms and Secretary of the Senate, and the Sergeant
101	at Arms and Clerk of the House of Representatives.
102	(III)  The executive director of the Legislative Committee
103	on Intergovernmental Relations and the executive director and
104	deputy executive director of the Commission on Ethics.
105	(IV)  An executive director, staff director, or deputy
106	staff director of each joint committee, standing committee, or
107	select committee of the Legislature; an executive director,
108	staff director, executive assistant, analyst, or attorney of the
109	Office of the President of the Senate, the Office of the Speaker
110	of the House of Representatives, the Senate Majority Party
111	Office, Senate Minority Party Office, House Majority Party
112	Office, or House Minority Party Office; or any person, hired on
113	a contractual basis, having the power normally conferred upon
114	such persons, by whatever title.
115	(V)  The Chancellor and Vice Chancellors of the State
116	University System; the general counsel to the Board of Regents;
117	and the president, vice presidents, and deans of each state
118	university.
119	(VI)  Any person, including an other-personal-services
120	employee, having the power normally conferred upon the positions
121	referenced in this sub-subparagraph.
122	b.  "Appointed state officer" means any member of an
123	appointive board, commission, committee, council, or authority
124	of the executive or legislative branch of state government whose
125	powers, jurisdiction, and authority are not solely advisory and
126	include the final determination or adjudication of any personal
127	or property rights, duties, or obligations, other than those
128	relative to its internal operations.
129	c.  "State agency" means an entity of the legislative,
130	executive, or judicial branch of state government over which the
131	Legislature exercises plenary budgetary and statutory control.
132	3.  No member of the Legislature, appointed state officer,
133	or statewide elected officer shall personally represent another
134	person or entity for compensation before the government body or
135	agency of which the individual was an officer or member for a
136	period of 2 years following vacation of office. No member of the
137	Legislature shall personally represent another person or entity
138	for compensation during his or her term of office before any
139	state agency other than judicial tribunals or in settlement
140	negotiations after the filing of a lawsuit.
141	4.  No agency employee shall personally represent another
142	person or entity for compensation before the agency with which
143	he or she was employed for a period of 2 years following
144	vacation of position, unless employed by another agency of state
145	government.
146	5.  Any person violating this paragraph shall be subject to
147	the penalties provided in s. 112.317 and a civil penalty of an
148	amount equal to the compensation which the person receives for
149	the prohibited conduct.
150	6.  This paragraph is not applicable to:
151	a.  A person employed by the Legislature or other agency
152	prior to July 1, 1989;
153	b.  A person who was employed by the Legislature or other
154	agency on July 1, 1989, whether or not the person was a defined
155	employee on July 1, 1989;
156	c.  A person who was a defined employee of the State
157	University System or the Public Service Commission who held such
158	employment on December 31, 1994;
159	d.  A person who has reached normal retirement age as
160	defined in s. 121.021(29), and who has retired under the
161	provisions of chapter 121 by July 1, 1991; or
162	e.  Any appointed state officer whose term of office began
163	before January 1, 1995, unless reappointed to that office on or
164	after January 1, 1995; or.
165	f.  An agency employee whose position was transferred from
166	the Career Service System to the Selected Exempt Service System
167	under chapter 2001-43, Laws of Florida.
168	(12)  EXEMPTION.--The requirements of subsections (3) and
169	(7) as they pertain to persons serving on advisory boards may be
170	waived in a particular instance by the body which appointed the
171	person to the advisory board, upon a full disclosure of the
172	transaction or relationship to the appointing body prior to the
173	waiver and an affirmative vote in favor of waiver by two-thirds
174	vote of that body.  In instances in which appointment to the
175	advisory board is made by an individual, waiver may be effected,
176	after public hearing, by a determination by the appointing
177	person and full disclosure of the transaction or relationship by
178	the appointee to the appointing person.  In addition, no person
179	shall be held in violation of subsection (3) or subsection (7)
180	if:
181	(b)  The business is awarded under a system of sealed,
182	competitive bidding to the lowest or best bidder and:
183	1.  The official or the official's spouse or child has in
184	no way participated in the determination of the bid
185	specifications or the determination of the lowest or best
186	bidder;
187	2.  The official or the official's spouse or child has in
188	no way used or attempted to use the official's influence to
189	persuade the agency or any personnel thereof to enter such a
190	contract other than by the mere submission of the bid; and
191	3.  The official, prior to or at the time of the submission
192	of the bid, has filed a statement with the Commission on Ethics
193	Department of State, if the official is a state officer or
194	employee, or with the supervisor of elections of the county in
195	which the agency has its principal office, if the official is an
196	officer or employee of a political subdivision, disclosing the
197	official's interest, or the interest of the official's spouse or
198	child, and the nature of the intended business.
199	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
200	person who has been elected to any county, municipal, special
201	district, or school district office may not personally represent
202	another person or entity for compensation before the government
203	governing body or agency of which the person was an officer for
204	a period of 2 years after vacating that office.
205	Section 3.  Present subsections (4), (5), and (6) of
206	section 112.3144, Florida Statutes, are redesignated as
207	subsections (5), (6), and (7), respectively, and a new
208	subsection (4) is added to that section, to read:
209	112.3144  Full and public disclosure of financial
210	interests.--
211	(4)(a)  With respect to reporting assets valued in excess
212	of $1,000 on forms prescribed under this section which the
213	reporting individual holds jointly with another person, the
214	amount reported shall be based on the reporting individual's
215	legal percentage of ownership in the property. However, assets
216	that are held jointly, with right of survivorship, must be
217	reported at 100 percent of the value of the asset. For purposes
218	of this subsection, a reporting individual is deemed to own a
219	percentage of a partnership which is equal to the reporting
220	individual's interest in the capital or equity of the
221	partnership.
222	(b)1.  With respect to reporting liabilities valued in
223	excess of $1,000 on forms prescribed under this section for
224	which the reporting individual is jointly and severally liable,
225	the amount reported shall be based on the reporting individual's
226	percentage of liability rather than the total amount of the
227	liability. However, liability for a debt that is secured by
228	property owned by the reporting individual but that is held
229	jointly, with right of survivorship, must be reported at 100
230	percent of the total amount owed.
231	2.  A separate section of the form shall be created to
232	provide for the reporting of the amounts of joint and several
233	liability of the reporting individual not otherwise reported in
234	subparagraph 1.
235	Section 4.  Paragraph (c) of subsection (6) of section
236	112.3145, Florida Statutes, is amended to read:
237	112.3145  Disclosure of financial interests and clients
238	represented before agencies.--
239	(6)  Forms for compliance with the disclosure requirements
240	of this section and a current list of persons subject to
241	disclosure shall be created by the commission and provided to
242	each supervisor of elections. The commission and each supervisor
243	of elections shall give notice of disclosure deadlines and
244	delinquencies and distribute forms in the following manner:
245	(c)  Not later than 30 days after July 1 of each year, the
246	commission and each supervisor of elections shall determine
247	which persons required to file a statement of financial
248	interests in their respective offices have failed to do so and
249	shall send delinquency notices by certified mail, return receipt
250	requested, to these such persons.  Each notice shall state that
251	a grace period is in effect until September 1 of the current
252	year; that no investigative or disciplinary action based upon
253	the delinquency will be taken by the agency head or commission
254	if the statement is filed by September 1 of the current year;
255	that, if the statement is not filed by September 1 of the
256	current year, a fine of $25 for each day late will be imposed,
257	up to a maximum penalty of $1,500; for notices sent by a
258	supervisor of elections, that he or she is required by law to
259	notify the commission of the delinquency; and that, if upon the
260	filing of a sworn complaint the commission finds that the person
261	has failed to timely file the statement within 60 days after
262	September 1 of the current year, such person will also be
263	subject to the penalties provided in s. 112.317.
264	Section 5.  Section 112.3147, Florida Statutes, is amended
265	to read:
266	112.3147  Forms.--
267	(1)  All information required to be furnished by ss.
268	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
269	and by s. 8, Art. II of the State Constitution shall be on forms
270	prescribed by the Commission on Ethics.
271	(2)(a)  With respect to reporting assets valued in excess
272	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
273	reporting individual holds jointly with another person, the
274	amount reported shall be based on the reporting individual's
275	legal percentage of ownership in the property, except that
276	assets held jointly with the reporting individual's spouse shall
277	be reported at 100 percent of the value of the asset. For
278	purposes of this subsection, a reporting individual is deemed to
279	own an interest in a partnership which corresponds to the
280	reporting individual's interest in the capital or equity of the
281	partnership.
282	(b)1.  With respect to reporting liabilities valued in
283	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
284	which the reporting individual is jointly and severally liable,
285	the amount reported shall be based upon the reporting
286	individual's percentage of liability rather than the total
287	amount of the liability, except, a joint and several liability
288	with the reporting individual's spouse for a debt which relates
289	to property owned by both as tenants by the entirety shall be
290	reported at 100 percent of the total amount owed.
291	2.  A separate section of the form shall be created to
292	provide for the reporting of the amounts of joint and several
293	liability of the reporting individual not otherwise reported in
294	paragraph (a).
295	Section 6.  Paragraph (d) of subsection (6) and subsection
296	(8) of section 112.3148, Florida Statutes, are amended to read:
297	112.3148  Reporting and prohibited receipt of gifts by
298	individuals filing full or limited public disclosure of
299	financial interests and by procurement employees.--
300	(6)
301	(d)  No later than July 1 of each year, each reporting
302	individual or procurement employee shall file a statement
303	listing each gift having a value in excess of $100 received by
304	the reporting individual or procurement employee, either
305	directly or indirectly, from a governmental entity or a direct-
306	support organization specifically authorized by law to support a
307	governmental entity. The statement shall list the name of the
308	person providing the gift, a description of the gift, the date
309	or dates on which the gift was given, and the value of the total
310	gifts given during the calendar year for which the report is
311	made. The reporting individual or procurement employee shall
312	attach to the such statement any report received by him or her
313	in accordance with paragraph (c), which report shall become a
314	public record when filed with the statement of the reporting
315	individual or procurement employee. The reporting individual or
316	procurement employee may explain any differences between the
317	report of the reporting individual or procurement employee and
318	the attached reports. The annual report filed by a reporting
319	individual shall be filed with the financial disclosure
320	statement required by either s. 8, Art. II of the State
321	Constitution or s. 112.3145, as applicable to the reporting
322	individual.  The annual report filed by a procurement employee
323	shall be filed with the Commission on Ethics. The report filed
324	by a reporting individual or procurement employee who left
325	office or employment during the calendar year covered by the
326	report shall be filed by July 1 of the year after leaving office
327	or employment at the same location as his or her final financial
328	disclosure statement or, in the case of a former procurement
329	employee, with the Commission on Ethics.
330	(8)(a)  Each reporting individual or procurement employee
331	shall file a statement with the Commission on Ethics not later
332	than on the last day of each calendar quarter, for the previous
333	calendar quarter, containing a list of gifts which he or she
334	believes to be in excess of $100 in value, if any, accepted by
335	him or her, for which compensation was not provided by the donee
336	to the donor within 90 days of receipt of the gift to reduce the
337	value to $100 or less, except the following:
338	1.  Gifts from relatives.
339	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
340	3.  Gifts otherwise required to be disclosed by this
341	section.
342	(b)  The statement shall include:
343	1.  A description of the gift, the monetary value of the
344	gift, the name and address of the person making the gift, and
345	the dates thereof.  If any of these facts, other than the gift
346	description, are unknown or not applicable, the report shall so
347	state.
348	2.  A copy of any receipt for such gift provided to the
349	reporting individual or procurement employee by the donor.
350	(c)  The statement may include an explanation of any
351	differences between the reporting individual's or procurement
352	employee's statement and the receipt provided by the donor.
353	(d)  The reporting individual's or procurement employee's
354	statement shall be sworn to by such person as being a true,
355	accurate, and total listing of all such gifts.
356	(e)  Statements must be filed not later than 5 p.m. of the
357	due date. However, any statement that is postmarked by the
358	United States Postal Service by midnight of the due date is
359	deemed to have been filed in a timely manner, and a certificate
360	of mailing obtained from and dated by the United States Postal
361	Service at the time of the mailing, or a receipt from an
362	established courier company which bears a date on or before the
363	due date, constitutes proof of mailing in a timely manner.
364	(f)(e)  If a reporting individual or procurement employee
365	has not received any gifts described in paragraph (a) during a
366	calendar quarter, he or she is not required to file a statement
367	under this subsection for that calendar quarter.
368	Section 7.  Subsection (6) of section 112.3149, Florida
369	Statutes, is amended to read:
370	112.3149  Solicitation and disclosure of honoraria.--
371	(6)  A reporting individual or procurement employee who
372	receives payment or provision of expenses related to any
373	honorarium event from a person who is prohibited by subsection
374	(4) from paying an honorarium to a reporting individual or
375	procurement employee shall publicly disclose on an annual
376	statement the name, address, and affiliation of the person
377	paying or providing the expenses; the amount of the honorarium
378	expenses; the date of the honorarium event; a description of the
379	expenses paid or provided on each day of the honorarium event;
380	and the total value of the expenses provided to the reporting
381	individual or procurement employee in connection with the
382	honorarium event.  The annual statement of honorarium expenses
383	shall be filed by July 1 of each year for those such expenses
384	received during the previous calendar year. The reporting
385	individual or procurement employee shall attach to the annual
386	statement a copy of each statement received by him or her in
387	accordance with subsection (5) regarding honorarium expenses
388	paid or provided during the calendar year for which the annual
389	statement is filed. The Such attached statement shall become a
390	public record upon the filing of the annual report. The annual
391	statement of a reporting individual shall be filed with the
392	financial disclosure statement required by either s. 8, Art. II
393	of the State Constitution or s. 112.3145, as applicable to the
394	reporting individual. The annual statement of a procurement
395	employee shall be filed with the Commission on Ethics. The
396	statement filed by a reporting individual or procurement
397	employee who left office or employment during the calendar year
398	covered by the statement shall be filed by July 1 of the year
399	after leaving office or employment at the same location as his
400	or her final financial disclosure statement or, in the case of a
401	former procurement employee, with the Commission on Ethics.
402	Section 8.  Subsections (1), (2), (6), (7), and (8) of
403	section 112.317, Florida Statutes, is amended to read:
404	112.317  Penalties.--
405	(1)  Violation of any provision of this part, including,
406	but not limited to, any failure to file any disclosures required
407	by this part or violation of any standard of conduct imposed by
408	this part, or violation of any provision of s. 8, Art. II of the
409	State Constitution, in addition to any criminal penalty or other
410	civil penalty involved, shall, under pursuant to applicable
411	constitutional and statutory procedures, constitute grounds for,
412	and may be punished by, one or more of the following:
413	(a)  In the case of a public officer:
414	1.  Impeachment.
415	2.  Removal from office.
416	3.  Suspension from office.
417	4.  Public censure and reprimand.
418	5.  Forfeiture of no more than one-third salary per month
419	for no more than 12 months.
420	6.  A civil penalty not to exceed $10,000.
421	7.  Restitution of any pecuniary benefits received because
422	of the violation committed. The commission may recommend that
423	the restitution penalty be paid to the agency of which the
424	public officer was a member or to the General Revenue Fund.
425	(b)  In the case of an employee or a person designated as a
426	public officer by this part who otherwise would be deemed to be
427	an employee:
428	1.  Dismissal from employment.
429	2.  Suspension from employment for not more than 90 days
430	without pay.
431	3.  Demotion.
432	4.  Reduction in salary level.
433	5.  Forfeiture of no more than one-third salary per month
434	for no more than 12 months.
435	6.  A civil penalty not to exceed $10,000.
436	7.  Restitution of any pecuniary benefits received because
437	of the violation committed. The commission may recommend that
438	the restitution penalty be paid to the agency by which the
439	public employee was employed, or of which the officer was deemed
440	to be an employee, or to the General Revenue Fund.
441	8.  Public censure and reprimand.
442	(c)  In the case of a candidate who violates the provisions
443	of this part or s. 8(a) and (i), Art. II of the State
444	Constitution:
445	1.  Disqualification from being on the ballot.
446	2.  Public censure.
447	3.  Reprimand.
448	4.  A civil penalty not to exceed $10,000.
449	(d)  In the case of a former public officer or employee who
450	has violated a provision applicable to former officers or
451	employees or whose violation occurred before the prior to such
452	officer's or employee's leaving public office or employment:
453	1.  Public censure and reprimand.
454	2.  A civil penalty not to exceed $10,000.
455	3.  Restitution of any pecuniary benefits received because
456	of the violation committed. The commission may recommend that
457	the restitution penalty be paid to the agency of the public
458	officer or employee or to the General Revenue Fund.
459	(2)  In any case in which the commission finds a violation
460	of this part or of s. 8, Art. II of the State Constitution and
461	the proper disciplinary official or body under s. 112.324
462	imposes recommends a civil penalty or restitution penalty, the
463	Attorney General shall bring a civil action to recover such
464	penalty.  No defense may be raised in the civil action to
465	enforce the civil penalty or order of restitution that could
466	have been raised by judicial review of the administrative
467	findings and recommendations of the commission by certiorari to
468	the district court of appeal. The Attorney General shall collect
469	any costs, attorney's fees, expert witness fees, or other costs
470	of collection incurred in bringing the action.
471	(6)  Any person who willfully discloses, or permits to be
472	disclosed, his or her intention to file a complaint, the
473	existence or contents of a complaint which has been filed with
474	the commission, or any document, action, or proceeding in
475	connection with a confidential preliminary investigation of the
476	commission, before such complaint, document, action, or
477	proceeding becomes a public record as provided herein commits a
478	misdemeanor of the first degree, punishable as provided in s.
479	775.082 or s. 775.083.
480	(6)(7)  In any case in which the commission finds probable
481	cause to believe that a complainant has committed perjury in
482	regard to any document filed with, or any testimony given
483	before, the commission, it shall refer such evidence to the
484	appropriate law enforcement agency for prosecution and taxation
485	of costs.
486	(7)(8)  In any case in which the commission determines that
487	a person has filed a complaint against a public officer or
488	employee with a malicious intent to injure the reputation of
489	such officer or employee by filing the complaint with knowledge
490	that the complaint contains one or more false allegations or
491	with reckless disregard for whether the complaint contains false
492	allegations of fact material to a violation of this part, the
493	complainant shall be liable for costs plus reasonable attorney's
494	fees incurred in the defense of the person complained against,
495	including the costs and reasonable attorney's fees incurred in
496	proving entitlement to and the amount of costs and fees. If the
497	complainant fails to pay such costs and fees voluntarily within
498	30 days following such finding by the commission, the commission
499	shall forward such information to the Department of Legal
500	Affairs, which shall bring a civil action in a court of
501	competent jurisdiction to recover the amount of such costs and
502	fees awarded by the commission.
503	Section 9.  Section 112.3185, Florida Statutes, is amended
504	to read:
505	112.3185  Additional standards for state agency employees
506	Contractual services.--
507	(1)  For the purposes of this section:
508	(a)  "Contractual services" shall be defined as set forth
509	in chapter 287.
510	(b)  "Agency" means any state officer, department, board,
511	commission, or council of the executive or judicial branch of
512	state government and includes the Public Service Commission.
513	(2)  No agency employee who participates through decision,
514	approval, disapproval, recommendation, preparation of any part
515	of a purchase request, influencing the content of any
516	specification or procurement standard, rendering of advice,
517	investigation, or auditing or in any other advisory capacity in
518	the procurement of contractual services shall become or be,
519	while an agency employee, the employee of a person contracting
520	with the agency by whom the employee is employed.
521	(3)  No agency employee shall, after retirement or
522	termination, have or hold any employment or contractual
523	relationship with any business entity other than an agency in
524	connection with any contract in which the agency employee
525	participated personally and substantially through decision,
526	approval, disapproval, recommendation, rendering of advice, or
527	investigation while an officer or employee. When the agency
528	employee's position is eliminated and his or her duties are
529	performed by the business entity, this subsection does not
530	prohibit him or her from employment or contractual relationship
531	with the business entity if the employee's participation in the
532	contract was limited to recommendation, rendering of advice, or
533	investigation and if the agency head determines that the best
534	interests of the state will be served thereby and provides prior
535	written approval for the particular employee.
536	(4)  No agency employee shall, within 2 years after
537	retirement or termination, have or hold any employment or
538	contractual relationship with any business entity other than an
539	agency in connection with any contract for contractual services
540	which was within his or her responsibility while an employee. If
541	the agency employee's position is eliminated and his or her
542	duties are performed by the business entity, the provisions of
543	this subsection may be waived by the agency head through prior
544	written approval for a particular employee if the agency head
545	determines that the best interests of the state will be served
546	thereby.
547	(5)  The sum of money paid to a former agency employee
548	during the first year after the cessation of his or her
549	responsibilities, by the agency with whom he or she was
550	employed, for contractual services provided to the agency, shall
551	not exceed the annual salary received on the date of cessation
552	of his or her responsibilities. The provisions of This
553	subsection may be waived by the agency head for a particular
554	contract if the agency head determines that such waiver will
555	result in significant time or cost savings for the state.
556	(6)  No agency employee shall, after retirement or
557	termination, represent or advise another person or entity,
558	except the state, in any matter in which the employee
559	participated personally in his or her official capacity through
560	decision, approval, disapproval, recommendation, rendering of
561	advice, investigation, or otherwise while an employee. The term
562	"matter" includes any judicial or other proceeding, application,
563	request for a ruling, or other determination, contract, claim,
564	controversy, investigation, charge, accusation, arrest, or other
565	particular action involving a specific party or parties.
566	(7)(6)  No agency employee acting in an official capacity
567	shall directly or indirectly procure contractual services for
568	his or her own agency from any business entity of which a
569	relative is an officer, partner, director, or proprietor or in
570	which the such officer or employee or his or her spouse or
571	child, or any combination of them, has a material interest.
572	(8)(7)  A violation of any provision of this section is
573	punishable in accordance with s. 112.317.
574	(9)(8)  This section is not applicable to any employee of
575	the Public Service Commission who was so employed on or before
576	December 31, 1994.
577	Section 10.  Subsection (1) of section 112.321, Florida
578	Statutes, is amended to read:
579	112.321  Membership, terms; travel expenses; staff.--
580	(1)  The commission shall be composed of nine members. Five
581	of these members shall be appointed by the Governor, no more
582	than three of whom shall be from the same political party,
583	subject to confirmation by the Senate. One member appointed by
584	the Governor shall be a former city or county official and may
585	be a former member of a local planning or zoning board which has
586	only advisory duties.  Two members shall be appointed by the
587	Speaker of the House of Representatives, and two members shall
588	be appointed by the President of the Senate. Neither the Speaker
589	of the House of Representatives nor the President of the Senate
590	shall appoint more than one member from the same political
591	party. Of the nine members of the Commission, no more than five
592	members shall be from the same political party at any one time.
593	No member may hold any public employment. An individual who
594	qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
595	pursuant to any local government charter or ordinance may not
596	serve as a member of the commission, except that this
597	prohibition does not apply to an individual who is a member of
598	the commission on July 1, 2005, until the expiration of his or
599	her current term. A member of the commission may not lobby any
600	state or local governmental entity as provided in s. 11.045 or
601	s. 112.3215 or as provided by any local government charter or
602	ordinance, except that this prohibition does not apply to an
603	individual who is a member of the commission on July 1, 2005,
604	until the expiration of his or her current term. All members
605	shall serve 2-year terms.  No member shall serve more than two
606	full terms in succession. Any member of the commission may be
607	removed for cause by majority vote of the Governor, the
608	President of the Senate, the Speaker of the House of
609	Representatives, and the Chief Justice of the Supreme Court.
610	Section 11.  Paragraph (f) of subsection (5) of section
611	112.3215, Florida Statutes, is amended to read:
612	112.3215  Lobbyists before the executive branch or the
613	Constitution Revision Commission; registration and reporting;
614	investigation by commission.--
615	(5)
616	(f)  The commission shall provide by rule the grounds for
617	waiving a fine and the procedures a procedure by which a
618	lobbyist who fails to timely file a report shall be notified and
619	assessed fines and the procedure for appealing the fines. The
620	rule shall provide for the following:
621	1.  Upon determining that the report is late, the person
622	designated to review the timeliness of reports shall immediately
623	notify the lobbyist as to the failure to timely file the report
624	and that a fine is being assessed for each late day. The fine
625	shall be $50 per day per report for each late day up to a
626	maximum of $5,000 per late report.
627	2.  Upon receipt of the report, the person designated to
628	review the timeliness of reports shall determine the amount of
629	the fine due based upon the earliest of the following:
630	a.  When a report is actually received by the lobbyist
631	registration and reporting office.
632	b.  When the report is postmarked.
633	c.  When the certificate of mailing is dated.
634	d.  When the receipt from an established courier company is
635	dated.
636	3.  Such fine shall be paid within 30 days after the notice
637	of payment due is transmitted by the Lobbyist Registration
638	Office, unless appeal is made to the commission.  The moneys
639	shall be deposited into the Executive Branch Lobby Registration
640	Trust Fund.
641	4.  A fine shall not be assessed against a lobbyist the
642	first time any reports for which the lobbyist is responsible are
643	not timely filed. However, to receive the one-time fine waiver,
644	all reports for which the lobbyist is responsible must be filed
645	within 30 days after the notice that any reports have not been
646	timely filed is transmitted by the Lobbyist Registration Office.
647	A fine shall be assessed for any subsequent late-filed reports.
648	5.  Any lobbyist may appeal or dispute a fine, based upon
649	unusual circumstances surrounding the failure to file on the
650	designated due date, and may request and shall be entitled to a
651	hearing before the commission, which shall have the authority to
652	waive the fine in whole or in part for good cause shown. Any
653	such request shall be made within 30 days after the notice of
654	payment due is transmitted by the Lobbyist Registration Office.
655	In such case, the lobbyist shall, within the 30-day period,
656	notify the person designated to review the timeliness of reports
657	in writing of his or her intention to bring the matter before
658	the commission.
659	6.  The person designated to review the timeliness of
660	reports shall notify the commission of the failure of a lobbyist
661	to file a report after notice or of the failure of a lobbyist to
662	pay the fine imposed. The registration of a lobbyist who fails
663	to timely pay a fine is automatically suspended until the fine
664	is paid, unless an appeal of the fine is pending before the
665	commission. The commission shall provide a written suspension
666	notice to each lobbyist whose registration has been
667	automatically suspended.
668	7.  Notwithstanding any provision of chapter 120, any fine
669	imposed under this subsection that is not waived by final order
670	of the commission and that remains unpaid more than 60 days
671	after the notice of payment due or more than 60 days after the
672	commission renders a final order on the lobbyist's appeal shall
673	be collected by the Department of Financial Services as a claim,
674	debt, or other obligation owed to the state, and the department
675	may assign the collection of such fine to a collection agent as
676	provided in s. 17.20.
677	Section 12.  Subsection (4) of section 112.322, Florida
678	Statutes, is amended to read:
679	112.322  Duties and powers of commission.--
680	(4)  The commission has the power to subpoena, audit, and
681	investigate.  The commission may subpoena witnesses and compel
682	their attendance and testimony, administer oaths and
683	affirmations, take evidence, and require by subpoena the
684	production of any books, papers, records, or other items
685	relevant to the performance of the duties of the commission or
686	to the exercise of its powers.  The commission may delegate to
687	its investigators the authority to administer oaths and
688	affirmations. The commission may delegate the authority to issue
689	subpoenas to its chair, and may authorize its employees to serve
690	any subpoena issued under this section.  In the case of a
691	refusal to obey a subpoena issued to any person, the commission
692	may make application to any circuit court of this state which
693	shall have jurisdiction to order the witness to appear before
694	the commission and to produce evidence, if so ordered, or to
695	give testimony touching on the matter in question. Failure to
696	obey the order may be punished by the court as contempt.
697	Witnesses shall be paid mileage and witnesses fees as authorized
698	for witnesses in civil cases, except that a witness who is
699	required to travel outside the county of his or her residence to
700	testify is entitled to per diem and travel expenses at the same
701	rate provided for state employees under s. 112.061, to be paid
702	after the witness appears.
703	Section 13.  Subsections (3) and (4) of section 914.21,
704	Florida Statutes, are amended to read:
705	914.21  Definitions.--As used in ss. 914.22-914.24, the
706	term:
707	(3)  "Official investigation" means any investigation
708	instituted by a law enforcement agency or prosecuting officer of
709	the state or a political subdivision of the state or the
710	Commission on Ethics.
711	(4)  "Official proceeding" means:
712	(a)  A proceeding before a judge or court or a grand jury;
713	(b)  A proceeding before the Legislature; or
714	(c)  A proceeding before a federal agency which is
715	authorized by law.
716	(d)  A proceeding before the Commission on Ethics.
717	Section 14.  This act shall take effect October 1, 2005.

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