Senate Bill sb1944c1

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    Florida Senate - 2005                  CS for SB's 1944 & 2008

    By the Committee on Ethics and Elections; and Senators Posey
    and Sebesta




    582-1957-05

  1                      A bill to be entitled

  2         An act relating to ethics for public officers

  3         and employees; amending s. 104.31, F.S.;

  4         prohibiting employees of the state and its

  5         political subdivisions from participating in a

  6         political campaign during certain time periods;

  7         amending s. 112.313, F.S.; prohibiting certain

  8         disclosures by a former public officer, agency

  9         employee, or local government attorney;

10         redefining the term "employee" to include

11         certain other-personal-services employees for

12         certain postemployment activities; providing an

13         exemption from provisions prohibiting conflicts

14         in employment to a person who, after serving on

15         an advisory board, files a statement with the

16         Commission on Ethics relating to a bid or

17         submission; amending s. 112.3144, F.S.;

18         specifying how assets valued in excess of

19         $1,000 are to be reported by a reporting

20         individual; amending s. 112.3145, F.S.;

21         requiring that a delinquency notice be sent to

22         certain officeholders by certified mail, return

23         receipt requested; revising certain filing

24         deadlines; revising the grounds to appeal a

25         fine; amending s. 112.3147, F.S.; deleting

26         certain provisions relating to reporting the

27         value of assets; amending s. 112.3148, F.S.;

28         providing requirements for persons who have

29         left office or employment as to filing a report

30         relating to gifts; amending s. 112.3149, F.S.;

31         requiring that a report of honoraria by a

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 1         person who left office or employment be filed

 2         by a specified date; amending s. 112.317, F.S.;

 3         authorizing the commission to recommend a

 4         restitution penalty be paid to the agency or

 5         the General Revenue Fund; authorizing the

 6         Attorney General to recover costs for filing

 7         suit to collect penalties and fines; deleting

 8         provisions imposing a penalty for the

 9         disclosure of information concerning a

10         complaint or an investigation; amending

11         112.3185, F.S.; providing additional standards

12         for state agency employees relating to

13         procurement of goods and services by a state

14         agency; authorizing an employee whose position

15         was eliminated to engage in certain contractual

16         activities; prohibiting former employees from

17         certain specified activities; amending s.

18         112.3215, F.S.; requiring the commission to

19         adopt a rule detailing the grounds for waiving

20         a fine and the procedures when a lobbyist fails

21         to timely file his or her report; requiring

22         automatic suspension of a lobbyist's

23         registration if the fine is not timely paid;

24         amending s. 112.322, F.S.; authorizing travel

25         and per diem expenses for certain witnesses;

26         amending s. 112.324, F.S.; providing procedures

27         for the commission to handle complaints of

28         violations; amending s. 914.21, F.S.;

29         redefining the terms "official investigation"

30         and "official proceeding," for purposes of

31         provisions relating to tampering with

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 1         witnesses, to include an investigation by the

 2         Commission on Ethics; providing an effective

 3         date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Present subsections (2) and (3) of section

 8  104.31, Florida Statutes, are redesignated as subsections (3)

 9  and (4), respectively, and a new subsection (2) is added to

10  that section, to read:

11         104.31  Political activities of state, county, and

12  municipal officers and employees.--

13         (2)  An employee of the state or any political

14  subdivision may not participate in any political campaign for

15  an elective office while on duty or within any period of time

16  during which the employee is expected to perform services for

17  which he or she receives compensation from the state or a

18  political subdivision.

19         Section 2.  Subsection (8), paragraph (a) of subsection

20  (9), paragraph (b) of subsection (12), and subsection (14) of

21  section 112.313, Florida Statutes, are amended to read:

22         112.313  Standards of conduct for public officers,

23  employees of agencies, and local government attorneys.--

24         (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No

25  current or former public officer, employee of an agency, or

26  local government attorney shall disclose or use information

27  not available to members of the general public and gained by

28  reason of his or her official position, except for information

29  relating exclusively to governmental practices, for his or her

30  personal gain or benefit or for the personal gain or benefit

31  of any other person or business entity.

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 1         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

 2  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

 3         (a)1.  It is the intent of the Legislature to implement

 4  by statute the provisions of s. 8(e), Art. II of the State

 5  Constitution relating to legislators, statewide elected

 6  officers, appointed state officers, and designated public

 7  employees.

 8         2.  As used in this paragraph:

 9         a.  "Employee" means:

10         (I)  Any person employed in the executive or

11  legislative branch of government holding a position in the

12  Senior Management Service as defined in s. 110.402 or any

13  person holding a position in the Selected Exempt Service as

14  defined in s. 110.602 or any person having authority over

15  policy or procurement employed by the Department of the

16  Lottery.

17         (II)  The Auditor General, the director of the Office

18  of Program Policy Analysis and Government Accountability, the

19  Sergeant at Arms and Secretary of the Senate, and the Sergeant

20  at Arms and Clerk of the House of Representatives.

21         (III)  The executive director of the Legislative

22  Committee on Intergovernmental Relations and the executive

23  director and deputy executive director of the Commission on

24  Ethics.

25         (IV)  An executive director, staff director, or deputy

26  staff director of each joint committee, standing committee, or

27  select committee of the Legislature; an executive director,

28  staff director, executive assistant, analyst, or attorney of

29  the Office of the President of the Senate, the Office of the

30  Speaker of the House of Representatives, the Senate Majority

31  Party Office, Senate Minority Party Office, House Majority

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 1  Party Office, or House Minority Party Office; or any person,

 2  hired on a contractual basis, having the power normally

 3  conferred upon such persons, by whatever title.

 4         (V)  The Chancellor and Vice Chancellors of the State

 5  University System; the general counsel to the Board of

 6  Regents; and the president, vice presidents, and deans of each

 7  state university.

 8         (VI)  Any person, including an other-personal-services

 9  employee, having the power normally conferred upon the

10  positions referenced in this sub-subparagraph.

11         b.  "Appointed state officer" means any member of an

12  appointive board, commission, committee, council, or authority

13  of the executive or legislative branch of state government

14  whose powers, jurisdiction, and authority are not solely

15  advisory and include the final determination or adjudication

16  of any personal or property rights, duties, or obligations,

17  other than those relative to its internal operations.

18         c.  "State agency" means an entity of the legislative,

19  executive, or judicial branch of state government over which

20  the Legislature exercises plenary budgetary and statutory

21  control.

22         3.  No member of the Legislature, appointed state

23  officer, or statewide elected officer shall personally

24  represent another person or entity for compensation before the

25  government body or agency of which the individual was an

26  officer or member for a period of 2 years following vacation

27  of office. No member of the Legislature shall personally

28  represent another person or entity for compensation during his

29  or her term of office before any state agency other than

30  judicial tribunals or in settlement negotiations after the

31  filing of a lawsuit.

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 1         4.  No agency employee shall personally represent

 2  another person or entity for compensation before the agency

 3  with which he or she was employed for a period of 2 years

 4  following vacation of position, unless employed by another

 5  agency of state government.

 6         5.  Any person violating this paragraph shall be

 7  subject to the penalties provided in s. 112.317 and a civil

 8  penalty of an amount equal to the compensation which the

 9  person receives for the prohibited conduct.

10         6.  This paragraph is not applicable to:

11         a.  A person employed by the Legislature or other

12  agency prior to July 1, 1989;

13         b.  A person who was employed by the Legislature or

14  other agency on July 1, 1989, whether or not the person was a

15  defined employee on July 1, 1989;

16         c.  A person who was a defined employee of the State

17  University System or the Public Service Commission who held

18  such employment on December 31, 1994;

19         d.  A person who has reached normal retirement age as

20  defined in s. 121.021(29), and who has retired under the

21  provisions of chapter 121 by July 1, 1991; or

22         e.  Any appointed state officer whose term of office

23  began before January 1, 1995, unless reappointed to that

24  office on or after January 1, 1995; or.

25         f.  An agency employee whose position was transferred

26  from the Career Service System to the Selected Exempt Service

27  System under chapter 2001-43, Laws of Florida.

28         (12)  EXEMPTION.--The requirements of subsections (3)

29  and (7) as they pertain to persons serving on advisory boards

30  may be waived in a particular instance by the body which

31  appointed the person to the advisory board, upon a full

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 1  disclosure of the transaction or relationship to the

 2  appointing body prior to the waiver and an affirmative vote in

 3  favor of waiver by two-thirds vote of that body.  In instances

 4  in which appointment to the advisory board is made by an

 5  individual, waiver may be effected, after public hearing, by a

 6  determination by the appointing person and full disclosure of

 7  the transaction or relationship by the appointee to the

 8  appointing person.  In addition, no person shall be held in

 9  violation of subsection (3) or subsection (7) if:

10         (b)  The business is awarded under a system of sealed,

11  competitive bidding to the lowest or best bidder and:

12         1.  The official or the official's spouse or child has

13  in no way participated in the determination of the bid

14  specifications or the determination of the lowest or best

15  bidder;

16         2.  The official or the official's spouse or child has

17  in no way used or attempted to use the official's influence to

18  persuade the agency or any personnel thereof to enter such a

19  contract other than by the mere submission of the bid; and

20         3.  The official, prior to or at the time of the

21  submission of the bid, has filed a statement with the

22  Commission on Ethics Department of State, if the official is a

23  state officer or employee, or with the supervisor of elections

24  of the county in which the agency has its principal office, if

25  the official is an officer or employee of a political

26  subdivision, disclosing the official's interest, or the

27  interest of the official's spouse or child, and the nature of

28  the intended business.

29         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

30  PROHIBITION.--A person who has been elected to any county,

31  municipal, special district, or school district office may not

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 1  personally represent another person or entity for compensation

 2  before the government governing body or agency of which the

 3  person was an officer for a period of 2 years after vacating

 4  that office.

 5         Section 3.  Present subsections (4), (5), and (6) of

 6  section 112.3144, Florida Statutes, are redesignated as

 7  subsections (5), (6), and (7), respectively, and a new

 8  subsection (4) is added to that section, to read:

 9         112.3144  Full and public disclosure of financial

10  interests.--

11         (4)(a)  With respect to reporting assets valued in

12  excess of $1,000 on forms prescribed under this section which

13  the reporting individual holds jointly with another person,

14  the amount reported shall be based on the reporting

15  individual's legal percentage of ownership in the property.

16  However, assets that are held jointly, with right of

17  survivorship, must be reported at 100 percent of the value of

18  the asset. For purposes of this subsection, a reporting

19  individual is deemed to own a percentage of a partnership

20  which is equal to the reporting individual's interest in the

21  capital or equity of the partnership.

22         (b)1.  With respect to reporting liabilities valued in

23  excess of $1,000 on forms prescribed under this section for

24  which the reporting individual is jointly and severally

25  liable, the amount reported shall be based on the reporting

26  individual's percentage of liability rather than the total

27  amount of the liability. However, liability for a debt that is

28  secured by property owned by the reporting individual but that

29  is held jointly, with right of survivorship, must be reported

30  at 100 percent of the total amount owed.

31  

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 1         2.  A separate section of the form shall be created to

 2  provide for the reporting of the amounts of joint and several

 3  liability of the reporting individual not otherwise reported

 4  in subparagraph 1.

 5         Section 4.  Paragraphs (c) and (f) of subsection (6) of

 6  section 112.3145, Florida Statutes, are amended to read:

 7         112.3145  Disclosure of financial interests and clients

 8  represented before agencies.--

 9         (6)  Forms for compliance with the disclosure

10  requirements of this section and a current list of persons

11  subject to disclosure shall be created by the commission and

12  provided to each supervisor of elections. The commission and

13  each supervisor of elections shall give notice of disclosure

14  deadlines and delinquencies and distribute forms in the

15  following manner:

16         (c)  Not later than 30 days after July 1 of each year,

17  the commission and each supervisor of elections shall

18  determine which persons required to file a statement of

19  financial interests in their respective offices have failed to

20  do so and shall send delinquency notices by certified mail,

21  return receipt requested, to these such persons.  Each notice

22  shall state that a grace period is in effect until September 1

23  of the current year; that no investigative or disciplinary

24  action based upon the delinquency will be taken by the agency

25  head or commission if the statement is filed by September 1 of

26  the current year; that, if the statement is not filed by

27  September 1 of the current year, a fine of $25 for each day

28  late will be imposed, up to a maximum penalty of $1,500; for

29  notices sent by a supervisor of elections, that he or she is

30  required by law to notify the commission of the delinquency;

31  and that, if upon the filing of a sworn complaint the

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 1  commission finds that the person has failed to timely file the

 2  statement within 60 days after September 1 of the current

 3  year, such person will also be subject to the penalties

 4  provided in s. 112.317.

 5         (f)  Any person who is required to file a statement of

 6  financial interests and whose name is on the commission's

 7  mailing list but who fails to timely file is assessed a fine

 8  of $25 per day for each day late up to a maximum of $1,500;

 9  however, this $1,500 limitation on automatic fines does not

10  limit the civil penalty that may be imposed if the statement

11  is filed more than 60 days after the deadline and a complaint

12  is filed, as provided in s. 112.324. The commission must

13  provide by rule the grounds for waiving the fine and

14  procedures by which each person whose name is on the mailing

15  list and who is determined to have not filed in a timely

16  manner will be notified of assessed fines and may appeal. The

17  rule must provide for and make specific the following:

18         1.  The amount of the fine due is based upon the

19  earliest of the following:

20         a.  When a statement is actually received by the

21  office.

22         b.  When the statement is postmarked.

23         c.  When the certificate of mailing is dated.

24         d.  When the receipt from an established courier

25  company is dated.

26         2.  For a specified state employee or a state officer,

27  upon receipt of the disclosure statement by the commission or

28  upon accrual of the maximum penalty, whichever occurs first,

29  and for a local officer upon receipt by the commission of the

30  certification from the local officer's supervisor of elections

31  pursuant to paragraph (d), the commission shall determine the

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 1  amount of the fine which is due and shall notify the

 2  delinquent person. The notice must include an explanation of

 3  the appeal procedure under subparagraph 3. The fine must be

 4  paid within 30 days after the notice of payment due is

 5  transmitted, unless appeal is made to the commission pursuant

 6  to subparagraph 3. The moneys are to be deposited into the

 7  General Revenue Fund.

 8         3.  Any reporting person may appeal or dispute a fine,

 9  based upon a failure of notice of the requirements to file the

10  annual disclosure unusual circumstances surrounding the

11  failure to file on the designated due date, and may request

12  and is entitled to a hearing before the commission, which may

13  waive the fine in whole or in part based upon a failure of

14  adequate notice for good cause shown. Any such request must be

15  made within 30 days after the notice of payment due is

16  transmitted. In such a case, the reporting person must, within

17  the 30-day period, notify the person designated to review the

18  timeliness of reports in writing of his or her intention to

19  bring the matter before the commission.

20         Section 5.  Section 112.3147, Florida Statutes, is

21  amended to read:

22         112.3147  Forms.--

23         (1)  All information required to be furnished by ss.

24  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149

25  and by s. 8, Art. II of the State Constitution shall be on

26  forms prescribed by the Commission on Ethics.

27         (2)(a)  With respect to reporting assets valued in

28  excess of $1,000 on forms prescribed pursuant to s. 112.3144

29  which the reporting individual holds jointly with another

30  person, the amount reported shall be based on the reporting

31  individual's legal percentage of ownership in the property,

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 1  except that assets held jointly with the reporting

 2  individual's spouse shall be reported at 100 percent of the

 3  value of the asset. For purposes of this subsection, a

 4  reporting individual is deemed to own an interest in a

 5  partnership which corresponds to the reporting individual's

 6  interest in the capital or equity of the partnership.

 7         (b)1.  With respect to reporting liabilities valued in

 8  excess of $1,000 on forms prescribed pursuant to s. 112.3144

 9  for which the reporting individual is jointly and severally

10  liable, the amount reported shall be based upon the reporting

11  individual's percentage of liability rather than the total

12  amount of the liability, except, a joint and several liability

13  with the reporting individual's spouse for a debt which

14  relates to property owned by both as tenants by the entirety

15  shall be reported at 100 percent of the total amount owed.

16         2.  A separate section of the form shall be created to

17  provide for the reporting of the amounts of joint and several

18  liability of the reporting individual not otherwise reported

19  in paragraph (a).

20         Section 6.  Paragraph (d) of subsection (6) and

21  subsection (8) of section 112.3148, Florida Statutes, are

22  amended to read:

23         112.3148  Reporting and prohibited receipt of gifts by

24  individuals filing full or limited public disclosure of

25  financial interests and by procurement employees.--

26         (6)

27         (d)  No later than July 1 of each year, each reporting

28  individual or procurement employee shall file a statement

29  listing each gift having a value in excess of $100 received by

30  the reporting individual or procurement employee, either

31  directly or indirectly, from a governmental entity or a

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 1  direct-support organization specifically authorized by law to

 2  support a governmental entity. The statement shall list the

 3  name of the person providing the gift, a description of the

 4  gift, the date or dates on which the gift was given, and the

 5  value of the total gifts given during the calendar year for

 6  which the report is made. The reporting individual or

 7  procurement employee shall attach to the such statement any

 8  report received by him or her in accordance with paragraph

 9  (c), which report shall become a public record when filed with

10  the statement of the reporting individual or procurement

11  employee. The reporting individual or procurement employee may

12  explain any differences between the report of the reporting

13  individual or procurement employee and the attached reports.

14  The annual report filed by a reporting individual shall be

15  filed with the financial disclosure statement required by

16  either s. 8, Art. II of the State Constitution or s. 112.3145,

17  as applicable to the reporting individual.  The annual report

18  filed by a procurement employee shall be filed with the

19  Commission on Ethics. The report filed by a reporting

20  individual or procurement employee who left office or

21  employment during the calendar year covered by the report

22  shall be filed by July 1 of the year after leaving office or

23  employment at the same location as his or her final financial

24  disclosure statement or, in the case of a former procurement

25  employee, with the Commission on Ethics.

26         (8)(a)  Each reporting individual or procurement

27  employee shall file a statement with the Commission on Ethics

28  not later than on the last day of each calendar quarter, for

29  the previous calendar quarter, containing a list of gifts

30  which he or she believes to be in excess of $100 in value, if

31  any, accepted by him or her, for which compensation was not

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 1  provided by the donee to the donor within 90 days of receipt

 2  of the gift to reduce the value to $100 or less, except the

 3  following:

 4         1.  Gifts from relatives.

 5         2.  Gifts prohibited by subsection (4) or s.

 6  112.313(4).

 7         3.  Gifts otherwise required to be disclosed by this

 8  section.

 9         (b)  The statement shall include:

10         1.  A description of the gift, the monetary value of

11  the gift, the name and address of the person making the gift,

12  and the dates thereof.  If any of these facts, other than the

13  gift description, are unknown or not applicable, the report

14  shall so state.

15         2.  A copy of any receipt for such gift provided to the

16  reporting individual or procurement employee by the donor.

17         (c)  The statement may include an explanation of any

18  differences between the reporting individual's or procurement

19  employee's statement and the receipt provided by the donor.

20         (d)  The reporting individual's or procurement

21  employee's statement shall be sworn to by such person as being

22  a true, accurate, and total listing of all such gifts.

23         (e)  Statements must be filed not later than 5 p.m. of

24  the due date. However, any statement that is postmarked by the

25  United States Postal Service by midnight of the due date is

26  deemed to have been filed in a timely manner, and a

27  certificate of mailing obtained from and dated by the United

28  States Postal Service at the time of the mailing, or a receipt

29  from an established courier company which bears a date on or

30  before the due date, constitutes proof of mailing in a timely

31  manner.

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 1         (f)(e)  If a reporting individual or procurement

 2  employee has not received any gifts described in paragraph (a)

 3  during a calendar quarter, he or she is not required to file a

 4  statement under this subsection for that calendar quarter.

 5         Section 7.  Subsection (6) of section 112.3149, Florida

 6  Statutes, is amended to read:

 7         112.3149  Solicitation and disclosure of honoraria.--

 8         (6)  A reporting individual or procurement employee who

 9  receives payment or provision of expenses related to any

10  honorarium event from a person who is prohibited by subsection

11  (4) from paying an honorarium to a reporting individual or

12  procurement employee shall publicly disclose on an annual

13  statement the name, address, and affiliation of the person

14  paying or providing the expenses; the amount of the honorarium

15  expenses; the date of the honorarium event; a description of

16  the expenses paid or provided on each day of the honorarium

17  event; and the total value of the expenses provided to the

18  reporting individual or procurement employee in connection

19  with the honorarium event.  The annual statement of honorarium

20  expenses shall be filed by July 1 of each year for those such

21  expenses received during the previous calendar year. The

22  reporting individual or procurement employee shall attach to

23  the annual statement a copy of each statement received by him

24  or her in accordance with subsection (5) regarding honorarium

25  expenses paid or provided during the calendar year for which

26  the annual statement is filed. The Such attached statement

27  shall become a public record upon the filing of the annual

28  report. The annual statement of a reporting individual shall

29  be filed with the financial disclosure statement required by

30  either s. 8, Art. II of the State Constitution or s. 112.3145,

31  as applicable to the reporting individual. The annual

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 1  statement of a procurement employee shall be filed with the

 2  Commission on Ethics. The statement filed by a reporting

 3  individual or procurement employee who left office or

 4  employment during the calendar year covered by the statement

 5  shall be filed by July 1 of the year after leaving office or

 6  employment at the same location as his or her final financial

 7  disclosure statement or, in the case of a former procurement

 8  employee, with the Commission on Ethics.

 9         Section 8.  Subsections (1), (2), (6), (7), and (8) of

10  section 112.317, Florida Statutes, is amended to read:

11         112.317  Penalties.--

12         (1)  Violation of any provision of this part,

13  including, but not limited to, any failure to file any

14  disclosures required by this part or violation of any standard

15  of conduct imposed by this part, or violation of any provision

16  of s. 8, Art. II of the State Constitution, in addition to any

17  criminal penalty or other civil penalty involved, shall, under

18  pursuant to applicable constitutional and statutory

19  procedures, constitute grounds for, and may be punished by,

20  one or more of the following:

21         (a)  In the case of a public officer:

22         1.  Impeachment.

23         2.  Removal from office.

24         3.  Suspension from office.

25         4.  Public censure and reprimand.

26         5.  Forfeiture of no more than one-third salary per

27  month for no more than 12 months.

28         6.  A civil penalty not to exceed $10,000.

29         7.  Restitution of any pecuniary benefits received

30  because of the violation committed. The commission may

31  recommend that the restitution penalty be paid to the agency

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 1  of which the public officer was a member or to the General

 2  Revenue Fund.

 3         (b)  In the case of an employee or a person designated

 4  as a public officer by this part who otherwise would be deemed

 5  to be an employee:

 6         1.  Dismissal from employment.

 7         2.  Suspension from employment for not more than 90

 8  days without pay.

 9         3.  Demotion.

10         4.  Reduction in salary level.

11         5.  Forfeiture of no more than one-third salary per

12  month for no more than 12 months.

13         6.  A civil penalty not to exceed $10,000.

14         7.  Restitution of any pecuniary benefits received

15  because of the violation committed. The commission may

16  recommend that the restitution penalty be paid to the agency

17  by which the public employee was employed, or of which the

18  officer was deemed to be an employee, or to the General

19  Revenue Fund.

20         8.  Public censure and reprimand.

21         (c)  In the case of a candidate who violates the

22  provisions of this part or s. 8(a) and (i), Art. II of the

23  State Constitution:

24         1.  Disqualification from being on the ballot.

25         2.  Public censure.

26         3.  Reprimand.

27         4.  A civil penalty not to exceed $10,000.

28         (d)  In the case of a former public officer or employee

29  who has violated a provision applicable to former officers or

30  employees or whose violation occurred before the prior to such

31  officer's or employee's leaving public office or employment:

                                  17

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 1         1.  Public censure and reprimand.

 2         2.  A civil penalty not to exceed $10,000.

 3         3.  Restitution of any pecuniary benefits received

 4  because of the violation committed. The commission may

 5  recommend that the restitution penalty be paid to the agency

 6  of the public officer or employee or to the General Revenue

 7  Fund.

 8         (2)  In any case in which the commission finds a

 9  violation of this part or of s. 8, Art. II of the State

10  Constitution and the proper disciplinary official or body

11  under s. 112.324 imposes recommends a civil penalty or

12  restitution penalty, the Attorney General shall bring a civil

13  action to recover such penalty.  No defense may be raised in

14  the civil action to enforce the civil penalty or order of

15  restitution that could have been raised by judicial review of

16  the administrative findings and recommendations of the

17  commission by certiorari to the district court of appeal. The

18  Attorney General shall collect any costs, attorney's fees,

19  expert witness fees, or other costs of collection incurred in

20  bringing the action.

21         (6)  Any person who willfully discloses, or permits to

22  be disclosed, his or her intention to file a complaint, the

23  existence or contents of a complaint which has been filed with

24  the commission, or any document, action, or proceeding in

25  connection with a confidential preliminary investigation of

26  the commission, before such complaint, document, action, or

27  proceeding becomes a public record as provided herein commits

28  a misdemeanor of the first degree, punishable as provided in

29  s. 775.082 or s. 775.083.

30         (6)(7)  In any case in which the commission finds

31  probable cause to believe that a complainant has committed

                                  18

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 1  perjury in regard to any document filed with, or any testimony

 2  given before, the commission, it shall refer such evidence to

 3  the appropriate law enforcement agency for prosecution and

 4  taxation of costs.

 5         (7)(8)  In any case in which the commission determines

 6  that a person has filed a complaint against a public officer

 7  or employee with a malicious intent to injure the reputation

 8  of such officer or employee by filing the complaint with

 9  knowledge that the complaint contains one or more false

10  allegations or with reckless disregard for whether the

11  complaint contains false allegations of fact material to a

12  violation of this part, the complainant shall be liable for

13  costs plus reasonable attorney's fees incurred in the defense

14  of the person complained against, including the costs and

15  reasonable attorney's fees incurred in proving entitlement to

16  and the amount of costs and fees. If the complainant fails to

17  pay such costs and fees voluntarily within 30 days following

18  such finding by the commission, the commission shall forward

19  such information to the Department of Legal Affairs, which

20  shall bring a civil action in a court of competent

21  jurisdiction to recover the amount of such costs and fees

22  awarded by the commission.

23         Section 9.  Section 112.3185, Florida Statutes, is

24  amended to read:

25         112.3185  Additional standards for state agency

26  employees Contractual services.--

27         (1)  For the purposes of this section:

28         (a)  "Contractual services" shall be defined as set

29  forth in chapter 287.

30         (b)  "Agency" means any state officer, department,

31  board, commission, or council of the executive or judicial

                                  19

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 1  branch of state government and includes the Public Service

 2  Commission.

 3         (2)  No agency employee who participates through

 4  decision, approval, disapproval, recommendation, preparation

 5  of any part of a purchase request, influencing the content of

 6  any specification or procurement standard, rendering of

 7  advice, investigation, or auditing or in any other advisory

 8  capacity in the procurement of contractual services shall

 9  become or be, while an agency employee, the employee of a

10  person contracting with the agency by whom the employee is

11  employed.

12         (3)  No agency employee shall, after retirement or

13  termination, have or hold any employment or contractual

14  relationship with any business entity other than an agency in

15  connection with any contract in which the agency employee

16  participated personally and substantially through decision,

17  approval, disapproval, recommendation, rendering of advice, or

18  investigation while an officer or employee. When the agency

19  employee's position is eliminated and his or her duties are

20  performed by the business entity, this subsection does not

21  prohibit him or her from employment or contractual

22  relationship with the business entity if the employee's

23  participation in the contract was limited to recommendation,

24  rendering of advice, or investigation while an employee and if

25  the agency head determines that the best interests of the

26  state will be served thereby and provides prior written

27  approval for the particular employee.

28         (4)  No agency employee shall, within 2 years after

29  retirement or termination, have or hold any employment or

30  contractual relationship with any business entity other than

31  an agency in connection with any contract for contractual

                                  20

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 1  services which was within his or her responsibility while an

 2  employee. If the agency employee's position is eliminated and

 3  his or her duties are performed by the business entity, the

 4  provisions of this subsection may be waived by the agency head

 5  through prior written approval for a particular employee if

 6  the agency head determines that the best interests of the

 7  state will be served thereby.

 8         (5)  The sum of money paid to a former agency employee

 9  during the first year after the cessation of his or her

10  responsibilities, by the agency with whom he or she was

11  employed, for contractual services provided to the agency,

12  shall not exceed the annual salary received on the date of

13  cessation of his or her responsibilities. The provisions of

14  This subsection may be waived by the agency head for a

15  particular contract if the agency head determines that such

16  waiver will result in significant time or cost savings for the

17  state.

18         (6)  No agency employee shall, after retirement or

19  termination, represent or advise another person or entity,

20  except the state, in any matter in which the employee

21  participated personally in his or her official capacity

22  through decision, approval, disapproval, recommendation,

23  rendering of advice, investigation, or otherwise while an

24  employee. The term "matter" includes any judicial or other

25  proceeding, application, request for a ruling, or other

26  determination, contract, claim, controversy, investigation,

27  charge, accusation, arrest, or other particular action

28  involving a specific party or parties.

29         (7)(6)  No agency employee acting in an official

30  capacity shall directly or indirectly procure contractual

31  services for his or her own agency from any business entity of

                                  21

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 1  which a relative is an officer, partner, director, or

 2  proprietor or in which the such officer or employee or his or

 3  her spouse or child, or any combination of them, has a

 4  material interest.

 5         (8)(7)  A violation of any provision of this section is

 6  punishable in accordance with s. 112.317.

 7         (9)(8)  This section is not applicable to any employee

 8  of the Public Service Commission who was so employed on or

 9  before December 31, 1994.

10         Section 10.  Paragraph (f) of subsection (5) of section

11  112.3215, Florida Statutes, is amended to read:

12         112.3215  Lobbyists before the executive branch or the

13  Constitution Revision Commission; registration and reporting;

14  investigation by commission.--

15         (5)

16         (f)  The commission shall provide by rule the grounds

17  for waiving a fine and the procedures a procedure by which a

18  lobbyist who fails to timely file a report shall be notified

19  and assessed fines and the procedure for appealing the fines.

20  The rule shall provide for the following:

21         1.  Upon determining that the report is late, the

22  person designated to review the timeliness of reports shall

23  immediately notify the lobbyist as to the failure to timely

24  file the report and that a fine is being assessed for each

25  late day. The fine shall be $50 per day per report for each

26  late day up to a maximum of $5,000 per late report.

27         2.  Upon receipt of the report, the person designated

28  to review the timeliness of reports shall determine the amount

29  of the fine due based upon the earliest of the following:

30         a.  When a report is actually received by the lobbyist

31  registration and reporting office.

                                  22

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 1         b.  When the report is postmarked.

 2         c.  When the certificate of mailing is dated.

 3         d.  When the receipt from an established courier

 4  company is dated.

 5         3.  Such fine shall be paid within 30 days after the

 6  notice of payment due is transmitted by the Lobbyist

 7  Registration Office, unless appeal is made to the commission.

 8  The moneys shall be deposited into the Executive Branch Lobby

 9  Registration Trust Fund.

10         4.  A fine shall not be assessed against a lobbyist the

11  first time any reports for which the lobbyist is responsible

12  are not timely filed. However, to receive the one-time fine

13  waiver, all reports for which the lobbyist is responsible must

14  be filed within 30 days after the notice that any reports have

15  not been timely filed is transmitted by the Lobbyist

16  Registration Office. A fine shall be assessed for any

17  subsequent late-filed reports.

18         5.  Any lobbyist may appeal or dispute a fine, based

19  upon unusual circumstances surrounding the failure to file on

20  the designated due date, and may request and shall be entitled

21  to a hearing before the commission, which shall have the

22  authority to waive the fine in whole or in part for good cause

23  shown. Any such request shall be made within 30 days after the

24  notice of payment due is transmitted by the Lobbyist

25  Registration Office.  In such case, the lobbyist shall, within

26  the 30-day period, notify the person designated to review the

27  timeliness of reports in writing of his or her intention to

28  bring the matter before the commission.

29         6.  The person designated to review the timeliness of

30  reports shall notify the commission of the failure of a

31  lobbyist to file a report after notice or of the failure of a

                                  23

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 1  lobbyist to pay the fine imposed. The registration of a

 2  lobbyist who fails to timely pay a fine is automatically

 3  suspended until the fine is paid, unless an appeal of the fine

 4  is pending before the commission.

 5         7.  Notwithstanding any provision of chapter 120, any

 6  fine imposed under this subsection that is not waived by final

 7  order of the commission and that remains unpaid more than 60

 8  days after the notice of payment due or more than 60 days

 9  after the commission renders a final order on the lobbyist's

10  appeal shall be collected by the Department of Financial

11  Services as a claim, debt, or other obligation owed to the

12  state, and the department may assign the collection of such

13  fine to a collection agent as provided in s. 17.20.

14         Section 11.  Subsection (4) of section 112.322, Florida

15  Statutes, is amended to read:

16         112.322  Duties and powers of commission.--

17         (4)  The commission has the power to subpoena, audit,

18  and investigate.  The commission may subpoena witnesses and

19  compel their attendance and testimony, administer oaths and

20  affirmations, take evidence, and require by subpoena the

21  production of any books, papers, records, or other items

22  relevant to the performance of the duties of the commission or

23  to the exercise of its powers.  The commission may delegate to

24  its investigators the authority to administer oaths and

25  affirmations. The commission may delegate the authority to

26  issue subpoenas to its chair, and may authorize its employees

27  to serve any subpoena issued under this section.  In the case

28  of a refusal to obey a subpoena issued to any person, the

29  commission may make application to any circuit court of this

30  state which shall have jurisdiction to order the witness to

31  appear before the commission and to produce evidence, if so

                                  24

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 1  ordered, or to give testimony touching on the matter in

 2  question. Failure to obey the order may be punished by the

 3  court as contempt. Witnesses shall be paid mileage and

 4  witnesses fees as authorized for witnesses in civil cases,

 5  except that a witness who is required to travel outside the

 6  county of his or her residence to testify is entitled to per

 7  diem and travel expenses at the same rate provided for state

 8  employees under s. 112.061, to be paid after the witness

 9  appears.

10         Section 12.  Section 112.324, Florida Statutes, is

11  amended to read:

12         112.324  Procedures on complaints of violations; public

13  records and meeting exemptions.--

14         (1)  Upon a written complaint executed on a form

15  prescribed by the commission and signed under oath or

16  affirmation by any person, The commission shall investigate

17  any alleged violation of this part or any other alleged breach

18  of the public trust within the jurisdiction of the commission

19  as provided in s. 8(f), Art. II of the State Constitution in

20  accordance with procedures set forth herein:

21         (a)  On a written complaint executed on a form

22  prescribed by the commission and signed under oath or

23  affirmation by any person;

24         (b)  Upon receipt of reliable and publicly disseminated

25  information that the commission unanimously deems sufficient

26  to indicate a breach of the public trust, except that

27  commission staff may not undertake a formal investigation

28  other than collecting publicly disseminated information before

29  a determination of sufficiency by the commission; or

30         (c)  Upon receipt of a written referral of a possible

31  violation of this part or other possible breach of the public

                                  25

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 1  trust from the Governor, the Chief Financial Officer, a state

 2  attorney, the executive director of the Department of Law

 3  Enforcement, or the statewide prosecutor, which the commission

 4  unanimously deems sufficient to indicate a breach of the

 5  public trust.

 6  

 7  Within 5 days after receipt of a complaint by the commission,

 8  or after determination by the commission that the information

 9  or referral received is deemed sufficient, a copy shall be

10  transmitted to the alleged violator.

11         (2)  The complaint and records relating to the

12  complaint or to any preliminary investigation, or to the

13  commission's determination regarding the information or

14  referral, and held by the commission or its agents or by a

15  Commission on Ethics and Public Trust established by any

16  county defined in s. 125.011(1), are confidential and exempt

17  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

18  the State Constitution, and any proceeding conducted by the

19  commission or a Commission on Ethics and Public Trust,

20  pursuant to a complaint or preliminary investigation, is

21  exempt from the provisions of s. 286.011, s. 24(b), Art. I of

22  the State Constitution, and s. 120.525, until the complaint is

23  dismissed as legally insufficient, until the alleged violator

24  requests in writing that the such records and proceedings be

25  made public, or until the commission or a Commission on Ethics

26  and Public Trust determines, based on such investigation,

27  whether probable cause exists to believe that a violation has

28  occurred. In no event shall a complaint under this part

29  against a candidate in any general, special, or primary

30  election be filed or any intention of filing such a complaint

31  

                                  26

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 1  be disclosed on the day of any such election or within the 5

 2  days immediately preceding the date of the election.

 3         (3)  A preliminary investigation shall be undertaken by

 4  the commission of each legally sufficient complaint,

 5  information, or referral over which the commission has

 6  jurisdiction to determine whether there is probable cause to

 7  believe that a violation has occurred. If, upon completion of

 8  the preliminary investigation, the commission finds no

 9  probable cause to believe that this part has been violated or

10  that any other breach of the public trust has been committed,

11  the commission shall dismiss the complaint or proceeding with

12  the issuance of a public report to the complainant and the

13  alleged violator, stating with particularity its reasons for

14  dismissal of the complaint. At that time, the complaint, the

15  proceeding, and all materials relating to the complaint shall

16  become a matter of public record. If the commission finds from

17  the preliminary investigation probable cause to believe that

18  this part has been violated or that any other breach of the

19  public trust has been committed, it shall so notify the

20  complainant and the alleged violator in writing. The Such

21  notification and all documents made or received in the

22  disposition of the complaint or proceeding shall then become

23  public records. Upon request submitted to the commission in

24  writing, any person who the commission finds probable cause to

25  believe has violated any provision of this part or has

26  committed any other breach of the public trust shall be

27  entitled to a public hearing. The Such person shall be deemed

28  to have waived the right to a public hearing if the request is

29  not received within 14 days following the mailing of the

30  probable cause notification required by this subsection.

31  However, the commission may on its own motion, require a

                                  27

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 1  public hearing, may conduct such further investigation as it

 2  deems necessary, and may enter into such stipulations and

 3  settlements as it finds to be just and in the best interest of

 4  the state.  The commission is without jurisdiction to, and no

 5  respondent may voluntarily or involuntarily, enter into a

 6  stipulation or settlement which imposes any penalty,

 7  including, but not limited to, a sanction or admonition or any

 8  other penalty contained in s. 112.317. Penalties shall be

 9  imposed only by the appropriate disciplinary authority as

10  designated in this section.

11         (4)  If, in cases pertaining to members of the

12  Legislature, upon completion of a full and final investigation

13  by the commission, the commission finds that there has been a

14  violation of this part or of any provision of s. 8, Art. II of

15  the State Constitution, the commission shall forward a copy of

16  the complaint, information, or referral and its findings by

17  certified mail to the President of the Senate or the Speaker

18  of the House of Representatives, whichever is applicable, who

19  shall refer the matter complaint to the appropriate committee

20  for investigation and action which shall be governed by the

21  rules of its respective house. It shall be the duty of the

22  committee to report its final action upon the complaint to the

23  commission within 90 days of the date of transmittal to the

24  respective house.  Upon request of the committee, the

25  commission shall submit a recommendation as to what penalty,

26  if any, should be imposed. In the case of a member of the

27  Legislature, the house in which the member serves has shall

28  have the power to invoke the penalty provisions of this part.

29         (5)  If, in cases pertaining to complaints against

30  impeachable officers, upon completion of a full and final

31  investigation by the commission, the commission finds that

                                  28

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 1  there has been a violation of this part or of any provision of

 2  s. 8, Art. II of the State Constitution, and the commission

 3  finds that the violation may constitute grounds for

 4  impeachment, the commission shall forward a copy of the

 5  complaint and its findings by certified mail to the Speaker of

 6  the House of Representatives, who shall refer the complaint to

 7  the appropriate committee for investigation and action which

 8  shall be governed by the rules of the House of

 9  Representatives. It shall be the duty of the committee to

10  report its final action upon the complaint to the commission

11  within 90 days of the date of transmittal.

12         (6)  If the commission finds that there has been a

13  violation of this part or of any provision of s. 8, Art. II of

14  the State Constitution by an impeachable officer other than

15  the Governor, and the commission recommends public censure and

16  reprimand, forfeiture of a portion of the officer's salary, a

17  civil penalty, or restitution, the commission shall report its

18  findings and recommendation of disciplinary action to the

19  Governor, who has shall have the power to invoke the penalty

20  provisions of this part.

21         (7)  If the commission finds that there has been a

22  violation of this part or of any provision of s. 8, Art. II of

23  the State Constitution by the Governor, and the commission

24  recommends public censure and reprimand, forfeiture of a

25  portion of the Governor's salary, a civil penalty, or

26  restitution, the commission shall report its findings and

27  recommendation of disciplinary action to the Attorney General,

28  who has shall have the power to invoke the penalty provisions

29  of this part.

30         (8)  If, in cases pertaining to complaints other than

31  those complaints against impeachable officers or members of

                                  29

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 1  the Legislature, upon completion of a full and final

 2  investigation by the commission, the commission finds that

 3  there has been a violation of this part or of s. 8, Art. II of

 4  the State Constitution, it is shall be the duty of the

 5  commission to report its findings and recommend appropriate

 6  action to the proper disciplinary official or body as follows,

 7  and the such official or body has shall have the power to

 8  invoke the penalty provisions of this part, including the

 9  power to order the appropriate elections official to remove a

10  candidate from the ballot for a violation of s. 112.3145 or s.

11  8(a) and (i), Art. II of the State Constitution:

12         (a)  The President of the Senate and the Speaker of the

13  House of Representatives, jointly, in any case concerning the

14  Public Counsel, members of the Public Service Commission,

15  members of the Public Service Commission Nominating Council,

16  the Auditor General, the director of the Office of Program

17  Policy Analysis and Government Accountability, or members of

18  the Legislative Committee on Intergovernmental Relations.

19         (b)  The Supreme Court, in any case concerning an

20  employee of the judicial branch.

21         (c)  The President of the Senate, in any case

22  concerning an employee of the Senate; the Speaker of the House

23  of Representatives, in any case concerning an employee of the

24  House of Representatives; or the President and the Speaker,

25  jointly, in any case concerning an employee of a committee of

26  the Legislature whose members are appointed solely by the

27  President and the Speaker or in any case concerning an

28  employee of the Public Counsel, Public Service Commission,

29  Auditor General, Office of Program Policy Analysis and

30  Government Accountability, or Legislative Committee on

31  Intergovernmental Relations.

                                  30

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 1         (d)  Except as otherwise provided by this part, the

 2  Governor, in the case of any other public officer, public

 3  employee, former public officer or public employee, candidate,

 4  or former candidate.

 5         (e)  The President of the Senate or the Speaker of the

 6  House of Representatives, whichever is applicable, in any case

 7  concerning a former member of the Legislature who has violated

 8  a provision applicable to former members or whose violation

 9  occurred while a member of the Legislature.

10         (9)  In addition to reporting its findings to the

11  proper disciplinary body or official, the commission shall

12  report these findings to the state attorney or any other

13  appropriate official or agency having authority to initiate

14  prosecution when violation of criminal law is indicated.

15         (10)  Notwithstanding the foregoing procedures of this

16  section, a sworn complaint against any member or employee of

17  the Commission on Ethics for violation of this part or of s.

18  8, Art. II of the State Constitution shall be filed with the

19  President of the Senate and the Speaker of the House of

20  Representatives.  Each presiding officer shall, after

21  determining that there are sufficient grounds for review,

22  appoint three members of their respective bodies to a special

23  joint committee who shall investigate the complaint.  The

24  members shall elect a chair from among their number.  If the

25  special joint committee finds insufficient evidence to

26  establish probable cause to believe a violation of this part

27  or of s. 8, Art. II of the State Constitution has occurred, it

28  shall dismiss the complaint. If, upon completion of its

29  preliminary investigation, the committee finds sufficient

30  evidence to establish probable cause to believe a violation

31  has occurred, the chair thereof shall transmit such findings

                                  31

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 1  to the Governor who shall convene a meeting of the Governor,

 2  the President of the Senate, the Speaker of the House of

 3  Representatives, and the Chief Justice of the Supreme Court to

 4  take such final action on the complaint as they shall deem

 5  appropriate, consistent with the penalty provisions of this

 6  part. Upon request of a majority of the Governor, the

 7  President of the Senate, the Speaker of the House of

 8  Representatives, and the Chief Justice of the Supreme Court,

 9  the special joint committee shall submit a recommendation as

10  to what penalty, if any, should be imposed.

11         (11)  Notwithstanding the provisions of subsections

12  (1)-(8), the commission may, at its discretion, dismiss any

13  complaint, information, or referral at any stage of

14  disposition should it determine that the public interest would

15  not be served by proceeding further, in which case the

16  commission shall issue a public report stating with

17  particularity its reasons for the dismissal.

18         Section 13.  Subsections (3) and (4) of section 914.21,

19  Florida Statutes, are amended to read:

20         914.21  Definitions.--As used in ss. 914.22-914.24, the

21  term:

22         (3)  "Official investigation" means any investigation

23  instituted by a law enforcement agency or prosecuting officer

24  of the state or a political subdivision of the state or the

25  Commission on Ethics.

26         (4)  "Official proceeding" means:

27         (a)  A proceeding before a judge or court or a grand

28  jury;

29         (b)  A proceeding before the Legislature; or

30         (c)  A proceeding before a federal agency which is

31  authorized by law.

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 1         (d)  A proceeding before the Commission on Ethics.

 2         Section 14.  This act shall take effect October 1,

 3  2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                   Senate Bill's 1944 and 2008

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 8  The Committee Substitute combines Senate Bills 1944 and 2008;
    retains the current fines applicable to late-filed statements
 9  of financial interests; and provides an October 1, 2005
    effective date.
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CODING: Words stricken are deletions; words underlined are additions.