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
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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.
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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
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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.
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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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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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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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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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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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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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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.
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