Senate Bill sb1962

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    Florida Senate - 2005                                  SB 1962

    By Senator Posey





    24-1249-05

  1                      A bill to be entitled

  2         An act relating to standards of conduct for

  3         appointed state officers; amending s. 112.313,

  4         F.S.; expanding the definition of the term

  5         "appointed state officer" to include members of

  6         appointive boards, commissions, committees, or

  7         councils created under the State Constitution;

  8         prohibiting appointed state officers from

  9         personally representing another person or

10         entity for compensation before any state

11         agency; providing that this prohibition does

12         not apply to any appointed state officer whose

13         term of office began before a specified date;

14         providing an effective date.

15  

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

17  

18         Section 1.  Subsection (9) of section 112.313, Florida

19  Statutes, is amended to read:

20         112.313  Standards of conduct for public officers,

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

22         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

23  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

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

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

26  Constitution relating to legislators, statewide elected

27  officers, appointed state officers, and designated public

28  employees.

29         2.  As used in this paragraph:

30         a.  "Employee" means:

31  

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    Florida Senate - 2005                                  SB 1962
    24-1249-05




 1         (I)  Any person employed in the executive or

 2  legislative branch of government holding a position in the

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

 4  person holding a position in the Selected Exempt Service as

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

 6  policy or procurement employed by the Department of the

 7  Lottery.

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

 9  of Program Policy Analysis and Government Accountability, the

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

11  at Arms and Clerk of the House of Representatives.

12         (III)  The executive director of the Legislative

13  Committee on Intergovernmental Relations and the executive

14  director and deputy executive director of the Commission on

15  Ethics.

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

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

18  select committee of the Legislature; an executive director,

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

20  the Office of the President of the Senate, the Office of the

21  Speaker of the House of Representatives, the Senate Majority

22  Party Office, Senate Minority Party Office, House Majority

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

24  hired on a contractual basis, having the power normally

25  conferred upon such persons, by whatever title.

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

27  University System; the general counsel to the Board of

28  Governors Regents; and the president, vice presidents, and

29  deans of each state university.

30         (VI)  Any person having the power normally conferred

31  upon the positions referenced in this sub-subparagraph.

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    Florida Senate - 2005                                  SB 1962
    24-1249-05




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

 2  appointive board, commission, committee, or council that is

 3  created or established under the State Constitution or any

 4  member of an appointive board, commission, committee, council,

 5  or authority of the executive or legislative branch of state

 6  government whose powers, jurisdiction, and authority are not

 7  solely advisory and include the final determination or

 8  adjudication of any personal or property rights, duties, or

 9  obligations, other than those relative to its internal

10  operations.

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

12  executive, or judicial branch of state government over which

13  the Legislature exercises plenary budgetary and statutory

14  control.

15         3.  No member of the Legislature, appointed state

16  officer, or statewide elected officer shall personally

17  represent another person or entity for compensation before the

18  government body or agency of which the individual was an

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

20  of office.

21         4.  No member of the Legislature or appointed state

22  officer shall personally represent another person or entity

23  for compensation during his or her term of office before any

24  state agency other than judicial tribunals or in settlement

25  negotiations after the filing of a lawsuit. This subparagraph

26  does not apply to any appointed state officer whose term of

27  office began before July 1, 2005.

28         5.4.  No agency employee shall personally represent

29  another person or entity for compensation before the agency

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

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    Florida Senate - 2005                                  SB 1962
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 1  following vacation of position, unless employed by another

 2  agency of state government.

 3         6.5.  Any person violating this paragraph shall be

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

 5  penalty of an amount equal to the compensation which the

 6  person receives for the prohibited conduct.

 7         7.6.  This paragraph is not applicable to:

 8         a.  A person employed by the Legislature or other

 9  agency prior to July 1, 1989;

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

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

12  defined employee on July 1, 1989;

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

14  University System or the Public Service Commission who held

15  such employment on December 31, 1994;

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

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

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

19         e.  Any appointed state officer whose term of office

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

21  office on or after January 1, 1995.

22         (b)  In addition to the provisions of this part which

23  are applicable to legislators and legislative employees by

24  virtue of their being public officers or employees, the

25  conduct of members of the Legislature and legislative

26  employees shall be governed by the ethical standards provided

27  in the respective rules of the Senate or House of

28  Representatives which are not in conflict herewith.

29         Section 2.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2005                                  SB 1962
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Redefines the term "appointed state officer" for purposes
      of required standards of conduct to include members of
 4    appointive boards, commissions, committees, or councils
      created under the State Constitution. Prohibits an
 5    appointed state officer from personally representing
      another person or entity for compensation before any
 6    state agency. Provides that this prohibition does not
      apply to an appointed state officer whose term of office
 7    began before July 1, 2005.

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