Senate Bill sb1944e1

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

25         certain provisions relating to reporting the

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

27         providing requirements for persons who have

28         left office or employment as to filing a report

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

30         requiring that a report of honoraria by a

31         person who left office or employment be filed


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

 2         authorizing the commission to recommend a

 3         restitution penalty be paid to the agency or

 4         the General Revenue Fund; authorizing the

 5         Attorney General to recover costs for filing

 6         suit to collect penalties and fines; deleting

 7         provisions imposing a penalty for the

 8         disclosure of information concerning a

 9         complaint or an investigation; amending

10         112.3185, F.S.; providing additional standards

11         for state agency employees relating to

12         procurement of goods and services by a state

13         agency; authorizing an employee whose position

14         was eliminated to engage in certain contractual

15         activities; prohibiting former employees from

16         certain specified activities; amending s.

17         112.321, F.S.; prohibiting an individual who

18         qualifies as a lobbyist from serving on the

19         commission; prohibiting a member of the

20         commission from lobbying any state or local

21         governmental entity; providing exceptions for

22         individuals who are members of the commission

23         on the effective date of the act until the

24         expiration of their current terms; amending s.

25         112.3215, F.S.; requiring the commission to

26         adopt a rule detailing the grounds for waiving

27         a fine and the procedures when a lobbyist fails

28         to timely file his or her report; requiring

29         automatic suspension of a lobbyist's

30         registration if the fine is not timely paid;

31         requiring the commission to provide written


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 1         notice to any lobbyist whose registration is

 2         automatically suspended; amending s. 112.322,

 3         F.S.; authorizing travel and per diem expenses

 4         for certain witnesses; amending s. 914.21,

 5         F.S.; redefining the terms "official

 6         investigation" and "official proceeding," for

 7         purposes of provisions relating to tampering

 8         with witnesses, to include an investigation by

 9         the Commission on Ethics; providing an

10         effective date.

11  

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

13  

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

15  104.31, Florida Statutes, are redesignated as subsections (3)

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

17  that section, to read:

18         104.31  Political activities of state, county, and

19  municipal officers and employees.--

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

21  subdivision may not participate in any political campaign for

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

23  during which the employee is expected to perform services for

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

25  political subdivision.

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

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

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

29         112.313  Standards of conduct for public officers,

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

31  


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

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

 3  local government attorney shall disclose or use information

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

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

 6  relating exclusively to governmental practices, for his or her

 7  personal gain or benefit or for the personal gain or benefit

 8  of any other person or business entity.

 9         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

10  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

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

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

13  Constitution relating to legislators, statewide elected

14  officers, appointed state officers, and designated public

15  employees.

16         2.  As used in this paragraph:

17         a.  "Employee" means:

18         (I)  Any person employed in the executive or

19  legislative branch of government holding a position in the

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

21  person holding a position in the Selected Exempt Service as

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

23  policy or procurement employed by the Department of the

24  Lottery.

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

26  of Program Policy Analysis and Government Accountability, the

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

28  at Arms and Clerk of the House of Representatives.

29         (III)  The executive director of the Legislative

30  Committee on Intergovernmental Relations and the executive

31  


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 1  director and deputy executive director of the Commission on

 2  Ethics.

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

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

 5  select committee of the Legislature; an executive director,

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

 7  the Office of the President of the Senate, the Office of the

 8  Speaker of the House of Representatives, the Senate Majority

 9  Party Office, Senate Minority Party Office, House Majority

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

11  hired on a contractual basis, having the power normally

12  conferred upon such persons, by whatever title.

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

14  University System; the general counsel to the Board of

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

16  state university.

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

18  employee, having the power normally conferred upon the

19  positions referenced in this sub-subparagraph.

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

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

22  of the executive or legislative branch of state government

23  whose powers, jurisdiction, and authority are not solely

24  advisory and include the final determination or adjudication

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

26  other than those relative to its internal operations.

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

28  executive, or judicial branch of state government over which

29  the Legislature exercises plenary budgetary and statutory

30  control.

31  


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 1         3.  No member of the Legislature, appointed state

 2  officer, or statewide elected officer shall personally

 3  represent another person or entity for compensation before the

 4  government body or agency of which the individual was an

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

 6  of office. No member of the Legislature shall personally

 7  represent another person or entity for compensation during his

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

 9  judicial tribunals or in settlement negotiations after the

10  filing of a lawsuit.

11         4.  No agency employee shall personally represent

12  another person or entity for compensation before the agency

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

14  following vacation of position, unless employed by another

15  agency of state government.

16         5.  Any person violating this paragraph shall be

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

18  penalty of an amount equal to the compensation which the

19  person receives for the prohibited conduct.

20         6.  This paragraph is not applicable to:

21         a.  A person employed by the Legislature or other

22  agency prior to July 1, 1989;

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

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

25  defined employee on July 1, 1989;

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

27  University System or the Public Service Commission who held

28  such employment on December 31, 1994;

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

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

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


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 1         e.  Any appointed state officer whose term of office

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

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

 4         f.  An agency employee whose position was transferred

 5  from the Career Service System to the Selected Exempt Service

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

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

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

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

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

11  disclosure of the transaction or relationship to the

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

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

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

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

16  determination by the appointing person and full disclosure of

17  the transaction or relationship by the appointee to the

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

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

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

21  competitive bidding to the lowest or best bidder and:

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

23  in no way participated in the determination of the bid

24  specifications or the determination of the lowest or best

25  bidder;

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

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

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

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

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

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


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

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

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

 4  the official is an officer or employee of a political

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

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

 7  the intended business.

 8         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

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

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

11  personally represent another person or entity for compensation

12  before the government governing body or agency of which the

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

14  that office.

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

16  section 112.3144, Florida Statutes, are redesignated as

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

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

19         112.3144  Full and public disclosure of financial

20  interests.--

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

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

23  the reporting individual holds jointly with another person,

24  the amount reported shall be based on the reporting

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

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

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

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

29  individual is deemed to own a percentage of a partnership

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

31  capital or equity of the partnership.


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

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

 3  which the reporting individual is jointly and severally

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

 5  individual's percentage of liability rather than the total

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

 7  secured by property owned by the reporting individual but that

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

 9  at 100 percent of the total amount owed.

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

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

12  liability of the reporting individual not otherwise reported

13  in subparagraph 1.

14         Section 4.  Paragraph (c) of subsection (6) of section

15  112.3145, Florida Statutes, is amended to read:

16         112.3145  Disclosure of financial interests and clients

17  represented before agencies.--

18         (6)  Forms for compliance with the disclosure

19  requirements of this section and a current list of persons

20  subject to disclosure shall be created by the commission and

21  provided to each supervisor of elections. The commission and

22  each supervisor of elections shall give notice of disclosure

23  deadlines and delinquencies and distribute forms in the

24  following manner:

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

26  the commission and each supervisor of elections shall

27  determine which persons required to file a statement of

28  financial interests in their respective offices have failed to

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

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

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


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 1  of the current year; that no investigative or disciplinary

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

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

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

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

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

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

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

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

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

11  statement within 60 days after September 1 of the current

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

13  provided in s. 112.317.

14         Section 5.  Section 112.3147, Florida Statutes, is

15  amended to read:

16         112.3147  Forms.--

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

18  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149

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

20  forms prescribed by the Commission on Ethics.

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

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

23  which the reporting individual holds jointly with another

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

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

26  except that assets held jointly with the reporting

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

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

29  reporting individual is deemed to own an interest in a

30  partnership which corresponds to the reporting individual's

31  interest in the capital or equity of the partnership.


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

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

 3  for which the reporting individual is jointly and severally

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

 5  individual's percentage of liability rather than the total

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

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

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

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

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

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

12  liability of the reporting individual not otherwise reported

13  in paragraph (a).

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

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

16  amended to read:

17         112.3148  Reporting and prohibited receipt of gifts by

18  individuals filing full or limited public disclosure of

19  financial interests and by procurement employees.--

20         (6)

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

22  individual or procurement employee shall file a statement

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

24  the reporting individual or procurement employee, either

25  directly or indirectly, from a governmental entity or a

26  direct-support organization specifically authorized by law to

27  support a governmental entity. The statement shall list the

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

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

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

31  which the report is made. The reporting individual or


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 1  procurement employee shall attach to the such statement any

 2  report received by him or her in accordance with paragraph

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

 4  the statement of the reporting individual or procurement

 5  employee. The reporting individual or procurement employee may

 6  explain any differences between the report of the reporting

 7  individual or procurement employee and the attached reports.

 8  The annual report filed by a reporting individual shall be

 9  filed with the financial disclosure statement required by

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

11  as applicable to the reporting individual.  The annual report

12  filed by a procurement employee shall be filed with the

13  Commission on Ethics. The report filed by a reporting

14  individual or procurement employee who left office or

15  employment during the calendar year covered by the report

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

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

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

19  employee, with the Commission on Ethics.

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

21  employee shall file a statement with the Commission on Ethics

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

23  the previous calendar quarter, containing a list of gifts

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

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

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

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

28  following:

29         1.  Gifts from relatives.

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

31  112.313(4).


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 1         3.  Gifts otherwise required to be disclosed by this

 2  section.

 3         (b)  The statement shall include:

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

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

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

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

 8  shall so state.

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

10  reporting individual or procurement employee by the donor.

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

12  differences between the reporting individual's or procurement

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

14         (d)  The reporting individual's or procurement

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

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

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

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

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

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

21  certificate of mailing obtained from and dated by the United

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

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

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

25  manner.

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

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

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

29  statement under this subsection for that calendar quarter.

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

31  Statutes, is amended to read:


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 1         112.3149  Solicitation and disclosure of honoraria.--

 2         (6)  A reporting individual or procurement employee who

 3  receives payment or provision of expenses related to any

 4  honorarium event from a person who is prohibited by subsection

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

 6  procurement employee shall publicly disclose on an annual

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

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

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

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

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

12  reporting individual or procurement employee in connection

13  with the honorarium event.  The annual statement of honorarium

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

15  expenses received during the previous calendar year. The

16  reporting individual or procurement employee shall attach to

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

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

19  expenses paid or provided during the calendar year for which

20  the annual statement is filed. The Such attached statement

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

22  report. The annual statement of a reporting individual shall

23  be filed with the financial disclosure statement required by

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

25  as applicable to the reporting individual. The annual

26  statement of a procurement employee shall be filed with the

27  Commission on Ethics. The statement filed by a reporting

28  individual or procurement employee who left office or

29  employment during the calendar year covered by the statement

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

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


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

 2  employee, with the Commission on Ethics.

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

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

 5         112.317  Penalties.--

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

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

 8  disclosures required by this part or violation of any standard

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

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

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

12  pursuant to applicable constitutional and statutory

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

14  one or more of the following:

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

16         1.  Impeachment.

17         2.  Removal from office.

18         3.  Suspension from office.

19         4.  Public censure and reprimand.

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

21  month for no more than 12 months.

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

23         7.  Restitution of any pecuniary benefits received

24  because of the violation committed. The commission may

25  recommend that the restitution penalty be paid to the agency

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

27  Revenue Fund.

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

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

30  to be an employee:

31         1.  Dismissal from employment.


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 1         2.  Suspension from employment for not more than 90

 2  days without pay.

 3         3.  Demotion.

 4         4.  Reduction in salary level.

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

 6  month for no more than 12 months.

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

 8         7.  Restitution of any pecuniary benefits received

 9  because of the violation committed. The commission may

10  recommend that the restitution penalty be paid to the agency

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

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

13  Revenue Fund.

14         8.  Public censure and reprimand.

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

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

17  State Constitution:

18         1.  Disqualification from being on the ballot.

19         2.  Public censure.

20         3.  Reprimand.

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

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

23  who has violated a provision applicable to former officers or

24  employees or whose violation occurred before the prior to such

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

26         1.  Public censure and reprimand.

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

28         3.  Restitution of any pecuniary benefits received

29  because of the violation committed. The commission may

30  recommend that the restitution penalty be paid to the agency

31  


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

 2  Fund.

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

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

 5  Constitution and the proper disciplinary official or body

 6  under s. 112.324 imposes recommends a civil penalty or

 7  restitution penalty, the Attorney General shall bring a civil

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

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

10  restitution that could have been raised by judicial review of

11  the administrative findings and recommendations of the

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

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

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

15  bringing the action.

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

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

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

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

20  connection with a confidential preliminary investigation of

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

22  proceeding becomes a public record as provided herein commits

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

24  s. 775.082 or s. 775.083.

25         (6)(7)  In any case in which the commission finds

26  probable cause to believe that a complainant has committed

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

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

29  the appropriate law enforcement agency for prosecution and

30  taxation of costs.

31  


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    CS for CS for SB's 1944 & 2008                 First Engrossed



 1         (7)(8)  In any case in which the commission determines

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

 3  or employee with a malicious intent to injure the reputation

 4  of such officer or employee by filing the complaint with

 5  knowledge that the complaint contains one or more false

 6  allegations or with reckless disregard for whether the

 7  complaint contains false allegations of fact material to a

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

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

10  of the person complained against, including the costs and

11  reasonable attorney's fees incurred in proving entitlement to

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

13  pay such costs and fees voluntarily within 30 days following

14  such finding by the commission, the commission shall forward

15  such information to the Department of Legal Affairs, which

16  shall bring a civil action in a court of competent

17  jurisdiction to recover the amount of such costs and fees

18  awarded by the commission.

19         Section 9.  Section 112.3185, Florida Statutes, is

20  amended to read:

21         112.3185  Additional standards for state agency

22  employees Contractual services.--

23         (1)  For the purposes of this section:

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

25  forth in chapter 287.

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

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

28  branch of state government and includes the Public Service

29  Commission.

30         (2)  No agency employee who participates through

31  decision, approval, disapproval, recommendation, preparation


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    CS for CS for SB's 1944 & 2008                 First Engrossed



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

 2  any specification or procurement standard, rendering of

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

 4  capacity in the procurement of contractual services shall

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

 6  person contracting with the agency by whom the employee is

 7  employed.

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

 9  termination, have or hold any employment or contractual

10  relationship with any business entity other than an agency in

11  connection with any contract in which the agency employee

12  participated personally and substantially through decision,

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

14  investigation while an officer or employee. When the agency

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

16  performed by the business entity, this subsection does not

17  prohibit him or her from employment or contractual

18  relationship with the business entity if the employee's

19  participation in the contract was limited to recommendation,

20  rendering of advice, or investigation and if the agency head

21  determines that the best interests of the state will be served

22  thereby and provides prior written approval for the particular

23  employee.

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

25  retirement or termination, have or hold any employment or

26  contractual relationship with any business entity other than

27  an agency in connection with any contract for contractual

28  services which was within his or her responsibility while an

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

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

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


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    CS for CS for SB's 1944 & 2008                 First Engrossed



 1  through prior written approval for a particular employee if

 2  the agency head determines that the best interests of the

 3  state will be served thereby.

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

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

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

 7  employed, for contractual services provided to the agency,

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

 9  cessation of his or her responsibilities. The provisions of

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

11  particular contract if the agency head determines that such

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

13  state.

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

15  termination, represent or advise another person or entity,

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

17  participated personally in his or her official capacity

18  through decision, approval, disapproval, recommendation,

19  rendering of advice, investigation, or otherwise while an

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

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

22  determination, contract, claim, controversy, investigation,

23  charge, accusation, arrest, or other particular action

24  involving a specific party or parties.

25         (7)(6)  No agency employee acting in an official

26  capacity shall directly or indirectly procure contractual

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

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

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

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

31  material interest.


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 1         (8)(7)  A violation of any provision of this section is

 2  punishable in accordance with s. 112.317.

 3         (9)(8)  This section is not applicable to any employee

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

 5  before December 31, 1994.

 6         Section 10.  Subsection (1) of section 112.321, Florida

 7  Statutes, is amended to read:

 8         112.321  Membership, terms; travel expenses; staff.--

 9         (1)  The commission shall be composed of nine members.

10  Five of these members shall be appointed by the Governor, no

11  more than three of whom shall be from the same political

12  party, subject to confirmation by the Senate. One member

13  appointed by the Governor shall be a former city or county

14  official and may be a former member of a local planning or

15  zoning board which has only advisory duties.  Two members

16  shall be appointed by the Speaker of the House of

17  Representatives, and two members shall be appointed by the

18  President of the Senate. Neither the Speaker of the House of

19  Representatives nor the President of the Senate shall appoint

20  more than one member from the same political party. Of the

21  nine members of the Commission, no more than five members

22  shall be from the same political party at any one time. No

23  member may hold any public employment. An individual who

24  qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215

25  or pursuant to any local government charter or ordinance may

26  not serve as a member of the commission, except that this

27  prohibition does not apply to an individual who is a member of

28  the commission on July 1, 2005, until the expiration of his or

29  her current term. A member of the commission may not lobby any

30  state or local governmental entity as provided in s. 11.045 or

31  s. 112.3215 or as provided by any local government charter or


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    CS for CS for SB's 1944 & 2008                 First Engrossed



 1  ordinance, except that this prohibition does not apply to an

 2  individual who is a member of the commission on July 1, 2005,

 3  until the expiration of his or her current term. All members

 4  shall serve 2-year terms.  No member shall serve more than two

 5  full terms in succession. Any member of the commission may be

 6  removed for cause by majority vote 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         Section 11.  Paragraph (f) of subsection (5) of section

10  112.3215, Florida Statutes, is amended to read:

11         112.3215  Lobbyists before the executive branch or the

12  Constitution Revision Commission; registration and reporting;

13  investigation by commission.--

14         (5)

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

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

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

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

19  The rule shall provide for the following:

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

21  person designated to review the timeliness of reports shall

22  immediately notify the lobbyist as to the failure to timely

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

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

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

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

27  to review the timeliness of reports shall determine the amount

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

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

30  registration and reporting office.

31         b.  When the report is postmarked.


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    CS for CS for SB's 1944 & 2008                 First Engrossed



 1         c.  When the certificate of mailing is dated.

 2         d.  When the receipt from an established courier

 3  company is dated.

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

 5  notice of payment due is transmitted by the Lobbyist

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

 7  The moneys shall be deposited into the Executive Branch Lobby

 8  Registration Trust Fund.

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

10  first time any reports for which the lobbyist is responsible

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

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

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

14  not been timely filed is transmitted by the Lobbyist

15  Registration Office. A fine shall be assessed for any

16  subsequent late-filed reports.

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

18  upon unusual circumstances surrounding the failure to file on

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

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

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

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

23  notice of payment due is transmitted by the Lobbyist

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

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

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

27  bring the matter before the commission.

28         6.  The person designated to review the timeliness of

29  reports shall notify the commission of the failure of a

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

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


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    CS for CS for SB's 1944 & 2008                 First Engrossed



 1  lobbyist who fails to timely pay a fine is automatically

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

 3  is pending before the commission. The commission shall provide

 4  a written suspension notice to each lobbyist whose

 5  registration has been automatically suspended.

 6         7.  Notwithstanding any provision of chapter 120, any

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

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

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

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

11  appeal shall be collected by the Department of Financial

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

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

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

15         Section 12.  Subsection (4) of section 112.322, Florida

16  Statutes, is amended to read:

17         112.322  Duties and powers of commission.--

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

19  and investigate.  The commission may subpoena witnesses and

20  compel their attendance and testimony, administer oaths and

21  affirmations, take evidence, and require by subpoena the

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

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

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

25  its investigators the authority to administer oaths and

26  affirmations. The commission may delegate the authority to

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

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

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

30  commission may make application to any circuit court of this

31  state which shall have jurisdiction to order the witness to


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    CS for CS for SB's 1944 & 2008                 First Engrossed



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

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

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

 4  court as contempt. Witnesses shall be paid mileage and

 5  witnesses fees as authorized for witnesses in civil cases,

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

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

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

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

10  appears.

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

12  Florida Statutes, are amended to read:

13         914.21  Definitions.--As used in ss. 914.22-914.24, the

14  term:

15         (3)  "Official investigation" means any investigation

16  instituted by a law enforcement agency or prosecuting officer

17  of the state or a political subdivision of the state or the

18  Commission on Ethics.

19         (4)  "Official proceeding" means:

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

21  jury;

22         (b)  A proceeding before the Legislature; or

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

24  authorized by law.

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

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

27  2005.

28  

29  

30  

31  


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