Senate Bill sb2000

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    Florida Senate - 2006                                  SB 2000

    By Senator Posey





    24-650B-06

  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; amending s. 112.313, F.S.;

  7         prohibiting certain disclosures or use by a

  8         former public officer, agency employee, or

  9         local government attorney; redefining the term

10         "employee" to include certain

11         other-personal-services employees for certain

12         postemployment activities; providing an

13         exemption from postemployment restrictions for

14         certain employees whose positions were

15         transferred from career service; providing an

16         exemption from provisions prohibiting conflicts

17         in employment to a person who, after serving on

18         an advisory board, files a statement with the

19         Commission on Ethics relating to a bid or

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

21         specifying how assets and liabilities valued in

22         excess of $1,000 are to be reported by a

23         reporting individual; conforming a

24         cross-reference; amending s. 112.3145, F.S.;

25         requiring that a delinquency notice be sent to

26         certain officeholders by certified mail, return

27         receipt requested; amending s. 112.3147, F.S.;

28         deleting certain provisions relating to

29         reporting the value of assets; amending s.

30         112.3148, F.S.; providing requirements for

31         persons who have left office or employment as

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 1         to filing a report relating to gifts; revising

 2         certain filing deadlines; amending s. 112.3149,

 3         F.S.; requiring that a report of honoraria by a

 4         person who left office or employment be filed

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

 6         authorizing the commission to recommend a

 7         restitution penalty be paid to the agency or

 8         the General Revenue Fund; authorizing the

 9         Attorney General to recover costs for filing

10         suit to collect penalties and fines; deleting

11         provisions imposing a penalty for the

12         disclosure of information concerning a

13         complaint or an investigation; amending s.

14         112.3185, F.S.; providing additional standards

15         for state agency employees relating to

16         procurement of goods and services by a state

17         agency; authorizing an employee whose position

18         was eliminated to engage in certain contractual

19         activities; prohibiting former employees from

20         certain specified activities; amending s.

21         112.321, F.S.; prohibiting an individual who

22         qualifies as a lobbyist from serving on the

23         commission; prohibiting a member of the

24         commission from lobbying any state or local

25         governmental entity; providing exceptions for

26         individuals who are members of the commission

27         on July 1, 2006, until the expiration of their

28         current terms; amending s. 112.3215, F.S.;

29         requiring the commission to adopt a rule

30         detailing the grounds for waiving a fine and

31         the procedures when a lobbyist fails to timely

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 1         file his or her report; requiring automatic

 2         suspension of certain lobbyist registrations if

 3         the fine is not timely paid; requiring the

 4         commission to provide written notice to

 5         affected principals when a lobbyist's

 6         registration is automatically suspended and

 7         reinstated; amending s. 112.322, F.S.;

 8         authorizing travel and per diem expenses for

 9         certain witnesses; amending s. 914.21, F.S.;

10         redefining the terms "official investigation"

11         and "official proceeding," for purposes of

12         provisions relating to tampering with

13         witnesses, to include an investigation by or

14         proceeding before the Commission on Ethics;

15         providing effective dates.

16  

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

18  

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

20  104.31, Florida Statutes, are redesignated as subsections (3)

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

22  that section, to read:

23         104.31  Political activities of state, county, and

24  municipal officers and employees.--

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

26  subdivision may not participate in any political campaign for

27  an elective office while on duty.

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

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

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

31  

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 1         112.313  Standards of conduct for public officers,

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

 3         (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--A

 4  current or former No public officer, employee of an agency, or

 5  local government attorney may not shall disclose or use

 6  information not available to members of the general public and

 7  gained by reason of his or her official position, except for

 8  information relating exclusively to governmental practices,

 9  for his or her personal gain or benefit or for the personal

10  gain or benefit of any other person or business entity.

11         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

12  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

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

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

15  Constitution relating to legislators, statewide elected

16  officers, appointed state officers, and designated public

17  employees.

18         2.  As used in this paragraph:

19         a.  "Employee" means:

20         (I)  Any person employed in the executive or

21  legislative branch of government holding a position in the

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

23  person holding a position in the Selected Exempt Service as

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

25  policy or procurement employed by the Department of the

26  Lottery.

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

28  of Program Policy Analysis and Government Accountability, the

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

30  at Arms and Clerk of the House of Representatives.

31  

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 1         (III)  The executive director of the Legislative

 2  Committee on Intergovernmental Relations and the executive

 3  director and deputy executive director of the Commission on

 4  Ethics.

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

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

 7  select committee of the Legislature; an executive director,

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

 9  the Office of the President of the Senate, the Office of the

10  Speaker of the House of Representatives, the Senate Majority

11  Party Office, Senate Minority Party Office, House Majority

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

13  hired on a contractual basis, having the power normally

14  conferred upon such persons, by whatever title.

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

16  University System; the general counsel to the Board of

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

18  state university.

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

20  employee, having the power normally conferred upon the

21  positions referenced in this sub-subparagraph.

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

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

24  of the executive or legislative branch of state government

25  whose powers, jurisdiction, and authority are not solely

26  advisory and include the final determination or adjudication

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

28  other than those relative to its internal operations.

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

30  executive, or judicial branch of state government over which

31  

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 1  the Legislature exercises plenary budgetary and statutory

 2  control.

 3         3.  No member of the Legislature, appointed state

 4  officer, or statewide elected officer shall personally

 5  represent another person or entity for compensation before the

 6  government body or agency of which the individual was an

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

 8  of office. No member of the Legislature shall personally

 9  represent another person or entity for compensation during his

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

11  judicial tribunals or in settlement negotiations after the

12  filing of a lawsuit.

13         4.  No agency employee shall personally represent

14  another person or entity for compensation before the agency

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

16  following vacation of position, unless employed by another

17  agency of state government.

18         5.  Any person violating this paragraph shall be

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

20  penalty of an amount equal to the compensation which the

21  person receives for the prohibited conduct.

22         6.  This paragraph is not applicable to:

23         a.  A person employed by the Legislature or other

24  agency prior to July 1, 1989;

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

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

27  defined employee on July 1, 1989;

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

29  University System or the Public Service Commission who held

30  such employment on December 31, 1994;

31  

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

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

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

 4         e.  Any appointed state officer whose term of office

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

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

 7         f.  An agency employee who continuously has held until

 8  leaving state employment a position that was transferred from

 9  the Career Service System to the Selected Exempt Service

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

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

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

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

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

15  disclosure of the transaction or relationship to the

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

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

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

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

20  determination by the appointing person and full disclosure of

21  the transaction or relationship by the appointee to the

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

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

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

25  competitive bidding to the lowest or best bidder and:

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

27  in no way participated in the determination of the bid

28  specifications or the determination of the lowest or best

29  bidder;

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

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

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

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

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

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

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

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

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

 8  the official is an officer or employee of a political

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

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

11  the intended business.

12         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

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

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

15  personally represent another person or entity for compensation

16  before the government governing body or agency of which the

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

18  that office.

19         Section 3.  Present subsection (4) of section 112.3144,

20  Florida Statutes, is redesignated as subsection (5) and

21  amended, present subsections (5) and (6) of that section are

22  redesignated as subsections (6) and (7), respectively, and a

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

24         112.3144  Full and public disclosure of financial

25  interests.--

26         (4)(a)  With respect to reporting, on forms prescribed

27  under this section, assets valued in excess of $1,000 which

28  the reporting individual holds jointly with another person,

29  the amount reported shall be based on the reporting

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

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

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

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

 3  individual is deemed to own a percentage of a partnership

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

 5  capital or equity of the partnership.

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

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

 8  which the reporting individual is jointly and severally

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

10  individual's percentage of liability rather than the total

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

12  secured by property owned by the reporting individual but that

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

14  at 100 percent of the total amount owed.

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

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

17  liability of the reporting individual not otherwise reported

18  in subparagraph 1.

19         (5)(4)  Forms for compliance with the full and public

20  disclosure requirements of s. 8, Art. II of the State

21  Constitution shall be created by the Commission on Ethics. The

22  commission shall give notice of disclosure deadlines and

23  delinquencies and distribute forms in the following manner:

24         (a)  Not later than May 1 of each year, the commission

25  shall prepare a current list of the names and addresses of and

26  the offices held by every person required to file full and

27  public disclosure annually by s. 8, Art. II of the State

28  Constitution, or other state law. In compiling the list, the

29  commission shall be assisted by each unit of government in

30  providing at the request of the commission the name, address,

31  

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 1  and name of the office held by each public official within the

 2  respective unit of government.

 3         (b)  Not later than 30 days before July 1 of each year,

 4  the commission shall mail a copy of the form prescribed for

 5  compliance with full and public disclosure and a notice of the

 6  filing deadline to each person on the mailing list.

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

 8  the commission shall determine which persons on the mailing

 9  list have failed to file full and public disclosure and shall

10  send delinquency notices by certified mail to such persons.

11  Each notice shall state that a grace period is in effect until

12  September 1 of the current year.

13         (d)  Statements must be filed not later than 5 p.m. of

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

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

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

17  certificate of mailing obtained from and dated by the United

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

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

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

21  manner.

22         (e)  Any person who is required to file full and public

23  disclosure of financial interests and whose name is on the

24  commission's mailing list but who fails to timely file is

25  assessed a fine of $25 per day for each day late up to a

26  maximum of $1,500; however this $1,500 limitation on automatic

27  fines does not limit the civil penalty that may be imposed if

28  the statement is filed more than 60 days after the deadline

29  and a complaint is filed, as provided in s. 112.324. The

30  commission must provide by rule the grounds for waiving the

31  fine and the procedures by which each person whose name is on

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 1  the mailing list and who is determined to have not filed in a

 2  timely manner will be notified of assessed fines and may

 3  appeal. The rule must provide for and make specific the

 4  following:

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

 6  earliest of the following:

 7         a.  When a statement is actually received by the

 8  office.

 9         b.  When the statement is postmarked.

10         c.  When the certificate of mailing is dated.

11         d.  When the receipt from an established courier

12  company is dated.

13         2.  Upon receipt of the disclosure statement or upon

14  accrual of the maximum penalty, whichever occurs first, the

15  commission shall determine the amount of the fine which is due

16  and shall notify the delinquent person. The notice must

17  include an explanation of the appeal procedure under

18  subparagraph 3. Such fine must be paid within 30 days after

19  the notice of payment due is transmitted, unless appeal is

20  made to the commission pursuant to subparagraph 3. The moneys

21  shall be deposited into the General Revenue Fund.

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

23  based upon unusual circumstances surrounding the failure to

24  file on the designated due date, and may request and is

25  entitled to a hearing before the commission, which may waive

26  the fine in whole or in part for good cause shown. Any such

27  request must be made within 30 days after the notice of

28  payment due is transmitted. In such a case, the reporting

29  person must, within the 30-day period, notify the person

30  designated to review the timeliness of reports in writing of

31  

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 1  his or her intention to bring the matter before the

 2  commission.

 3         (f)  Any person subject to the annual filing of full

 4  and public disclosure under s. 8, Art. II of the State

 5  Constitution, or other state law, whose name is not on the

 6  commission's mailing list of persons required to file full and

 7  public disclosure is not subject to the fines or penalties

 8  provided in this part for failure to file full and public

 9  disclosure in any year in which the omission occurred, but

10  nevertheless is required to file the disclosure statement.

11         (g)  The notification requirements and fines of this

12  subsection do not apply to candidates or to the first filing

13  required of any person appointed to elective constitutional

14  office or other position required to file full and public

15  disclosure, unless the person's name is on the commission's

16  notification list and the person received notification from

17  the commission. The appointing official shall notify such

18  newly appointed person of the obligation to file full and

19  public disclosure by July 1. The notification requirements and

20  fines of this subsection do not apply to the final filing

21  provided for in subsection (6) (5).

22         (h)  Notwithstanding any provision of chapter 120, any

23  fine imposed under this subsection which is not waived by

24  final order of the commission and which remains unpaid more

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

26  days after the commission renders a final order on the appeal

27  must be submitted to the Department of Financial Services as a

28  claim, debt, or other obligation owed to the state, and the

29  department shall assign the collection of such fine to a

30  collection agent as provided in s. 17.20.

31  

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

 2  112.3145, Florida Statutes, is amended to read:

 3         112.3145  Disclosure of financial interests and clients

 4  represented before agencies.--

 5         (6)  Forms for compliance with the disclosure

 6  requirements of this section and a current list of persons

 7  subject to disclosure shall be created by the commission and

 8  provided to each supervisor of elections. The commission and

 9  each supervisor of elections shall give notice of disclosure

10  deadlines and delinquencies and distribute forms in the

11  following manner:

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

13  the commission and each supervisor of elections shall

14  determine which persons required to file a statement of

15  financial interests in their respective offices have failed to

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

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

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

19  of the current year; that no investigative or disciplinary

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

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

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

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

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

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

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

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

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

29  statement within 60 days after September 1 of the current

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

31  provided in s. 112.317.

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 1         Section 5.  Section 112.3147, Florida Statutes, is

 2  amended to read:

 3         112.3147  Forms.--

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

 5  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149

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

 7  forms prescribed by the Commission on Ethics.

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

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

10  which the reporting individual holds jointly with another

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

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

13  except that assets held jointly with the reporting

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

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

16  reporting individual is deemed to own an interest in a

17  partnership which corresponds to the reporting individual's

18  interest in the capital or equity of the partnership.

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

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

21  for which the reporting individual is jointly and severally

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

23  individual's percentage of liability rather than the total

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

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

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

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

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

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

30  liability of the reporting individual not otherwise reported

31  in paragraph (a).

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

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

 3  amended to read:

 4         112.3148  Reporting and prohibited receipt of gifts by

 5  individuals filing full or limited public disclosure of

 6  financial interests and by procurement employees.--

 7         (6)

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

 9  individual or procurement employee shall file a statement

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

11  the reporting individual or procurement employee, either

12  directly or indirectly, from a governmental entity or a

13  direct-support organization specifically authorized by law to

14  support a governmental entity. The statement shall list the

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

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

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

18  which the report is made. The reporting individual or

19  procurement employee shall attach to the such statement any

20  report received by him or her in accordance with paragraph

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

22  the statement of the reporting individual or procurement

23  employee. The reporting individual or procurement employee may

24  explain any differences between the report of the reporting

25  individual or procurement employee and the attached reports.

26  The annual report filed by a reporting individual shall be

27  filed with the financial disclosure statement required by

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

29  as applicable to the reporting individual.  The annual report

30  filed by a procurement employee shall be filed with the

31  Commission on Ethics. The report filed by a reporting

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 1  individual or procurement employee who left office or

 2  employment during the calendar year covered by the report

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

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

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

 6  employee, with the Commission on Ethics.

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

 8  employee shall file a statement with the Commission on Ethics

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

10  the previous calendar quarter, containing a list of gifts

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

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

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

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

15  following:

16         1.  Gifts from relatives.

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

18  112.313(4).

19         3.  Gifts otherwise required to be disclosed by this

20  section.

21         (b)  The statement shall include:

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

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

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

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

26  shall so state.

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

28  reporting individual or procurement employee by the donor.

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

30  differences between the reporting individual's or procurement

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

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 1         (d)  The reporting individual's or procurement

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

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

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

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

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

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

 8  certificate of mailing obtained from and dated by the United

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

10  from an established courier company, which bears a date on or

11  before the due date constitutes proof of mailing in a timely

12  manner.

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

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

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

16  statement under this subsection for that calendar quarter.

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

18  Statutes, is amended to read:

19         112.3149  Solicitation and disclosure of honoraria.--

20         (6)  A reporting individual or procurement employee who

21  receives payment or provision of expenses related to any

22  honorarium event from a person who is prohibited by subsection

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

24  procurement employee shall publicly disclose on an annual

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

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

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

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

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

30  reporting individual or procurement employee in connection

31  with the honorarium event.  The annual statement of honorarium

                                  17

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

 2  expenses received during the previous calendar year. The

 3  reporting individual or procurement employee shall attach to

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

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

 6  expenses paid or provided during the calendar year for which

 7  the annual statement is filed. The Such attached statement

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

 9  report. The annual statement of a reporting individual shall

10  be filed with the financial disclosure statement required by

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

12  as applicable to the reporting individual. The annual

13  statement of a procurement employee shall be filed with the

14  Commission on Ethics. The statement filed by a reporting

15  individual or procurement employee who left office or

16  employment during the calendar year covered by the statement

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

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

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

20  employee, with the Commission on Ethics.

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

22  section 112.317, Florida Statutes, are amended to read:

23         112.317  Penalties.--

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

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

26  disclosures required by this part or violation of any standard

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

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

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

30  pursuant to applicable constitutional and statutory

31  

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

 2  one or more of the following:

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

 4         1.  Impeachment.

 5         2.  Removal from office.

 6         3.  Suspension from office.

 7         4.  Public censure and reprimand.

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

 9  month for no more than 12 months.

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

11         7.  Restitution of any pecuniary benefits received

12  because of the violation committed. The commission may

13  recommend that the restitution penalty be paid to the agency

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

15  Revenue Fund.

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

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

18  to be an employee:

19         1.  Dismissal from employment.

20         2.  Suspension from employment for not more than 90

21  days without pay.

22         3.  Demotion.

23         4.  Reduction in salary level.

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

25  month for no more than 12 months.

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

27         7.  Restitution of any pecuniary benefits received

28  because of the violation committed. The commission may

29  recommend that the restitution penalty be paid to the agency

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

31  

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

 2  Revenue Fund.

 3         8.  Public censure and reprimand.

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

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

 6  State Constitution:

 7         1.  Disqualification from being on the ballot.

 8         2.  Public censure.

 9         3.  Reprimand.

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

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

12  who has violated a provision applicable to former officers or

13  employees or whose violation occurred before the prior to such

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

15         1.  Public censure and reprimand.

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

17         3.  Restitution of any pecuniary benefits received

18  because of the violation committed. The commission may

19  recommend that the restitution penalty be paid to the agency

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

21  Fund.

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

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

24  Constitution and the proper disciplinary official or body

25  under s. 112.324 imposes recommends a civil penalty or

26  restitution penalty, the Attorney General shall bring a civil

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

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

29  restitution that could have been raised by judicial review of

30  the administrative findings and recommendations of the

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

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

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

 3  bringing the action.

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

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

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

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

 8  connection with a confidential preliminary investigation of

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

10  proceeding becomes a public record as provided herein commits

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

12  s. 775.082 or s. 775.083.

13         (6)(7)  In any case in which the commission finds

14  probable cause to believe that a complainant has committed

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

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

17  the appropriate law enforcement agency for prosecution and

18  taxation of costs.

19         (7)(8)  In any case in which the commission determines

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

21  or employee with a malicious intent to injure the reputation

22  of such officer or employee by filing the complaint with

23  knowledge that the complaint contains one or more false

24  allegations or with reckless disregard for whether the

25  complaint contains false allegations of fact material to a

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

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

28  of the person complained against, including the costs and

29  reasonable attorney's fees incurred in proving entitlement to

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

31  pay such costs and fees voluntarily within 30 days following

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 1  such finding by the commission, the commission shall forward

 2  such information to the Department of Legal Affairs, which

 3  shall bring a civil action in a court of competent

 4  jurisdiction to recover the amount of such costs and fees

 5  awarded by the commission.

 6         Section 9.  Section 112.3185, Florida Statutes, is

 7  amended to read:

 8         112.3185  Additional standards for state agency

 9  employees Contractual services.--

10         (1)  For the purposes of this section:

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

12  forth in chapter 287.

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

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

15  branch of state government and includes the Public Service

16  Commission.

17         (2)  An No agency employee who participates through

18  decision, approval, disapproval, recommendation, preparation

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

20  any specification or procurement standard, rendering of

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

22  capacity in the procurement of contractual services may not

23  shall become or be, while an agency employee, the employee of

24  a person contracting with the agency by whom the employee is

25  employed.

26         (3)  An No agency employee may not shall, after

27  retirement or termination, have or hold any employment or

28  contractual relationship with any business entity other than

29  an agency in connection with any contract in which the agency

30  employee participated personally and substantially through

31  decision, approval, disapproval, recommendation, rendering of

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 1  advice, or investigation while an officer or employee. When

 2  the agency employee's position is eliminated and his or her

 3  duties are performed by the business entity, this subsection

 4  does not prohibit him or her from employment or contractual

 5  relationship with the business entity if the employee's

 6  participation in the contract was limited to recommendation,

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

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

 9  thereby and provides prior written approval for the particular

10  employee.

11         (4)  An No agency employee may not shall, within 2

12  years after retirement or termination, have or hold any

13  employment or contractual relationship with any business

14  entity other than an agency in connection with any contract

15  for contractual services which was within his or her

16  responsibility while an employee. If the agency employee's

17  position is eliminated and his or her duties are performed by

18  the business entity, this subsection may be waived by the

19  agency head through prior written approval for a particular

20  employee if the agency head determines that the best interests

21  of the state will be served thereby.

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

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

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

25  employed, for contractual services provided to the agency,

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

27  cessation of his or her responsibilities. The provisions of

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

29  particular contract if the agency head determines that such

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

31  state.

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 1         (6)  An agency employee may not, after retirement or

 2  termination, represent or advise for compensation another

 3  person or entity, except the state, in any matter in which the

 4  employee participated personally and substantially in his or

 5  her official capacity through decision, approval, disapproval,

 6  recommendation, rendering of advice, investigation, or

 7  otherwise while an employee. The term "matter" includes any

 8  judicial or other proceeding, application, request for a

 9  ruling, or other determination, contract, claim, controversy,

10  investigation, charge, accusation, arrest, or other particular

11  action involving a specific party or parties.

12         (7)(6)  An No agency employee acting in an official

13  capacity may not shall directly or indirectly procure

14  contractual services for his or her own agency from any

15  business entity of which a relative is an officer, partner,

16  director, or proprietor or in which the such officer or

17  employee or his or her spouse or child, or any combination of

18  them, has a material interest.

19         (8)(7)  A violation of any provision of this section is

20  punishable in accordance with s. 112.317.

21         (9)(8)  This section is not applicable to any employee

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

23  before December 31, 1994.

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

25  Statutes, is amended to read:

26         112.321  Membership, terms; travel expenses; staff.--

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

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

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

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

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

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

 2  zoning board which has only advisory duties.  Two members

 3  shall be appointed by the Speaker of the House of

 4  Representatives, and two members shall be appointed by the

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

 6  Representatives nor the President of the Senate shall appoint

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

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

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

10  member may hold any public employment. An individual who

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

12  or pursuant to any local government charter or ordinance may

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

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

15  the commission on July 1, 2006, until the expiration of his or

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

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

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

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

20  individual who is a member of the commission on July 1, 2006,

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

22  shall serve 2-year terms. A No member may not shall serve more

23  than two full terms in succession. Any member of the

24  commission may be removed for cause by majority vote of the

25  Governor, the President of the Senate, the Speaker of the

26  House of Representatives, and the Chief Justice of the Supreme

27  Court.

28         Section 11.  Paragraph (e) of subsection (5) of section

29  112.3215, Florida Statutes, as amended by section 5 of chapter

30  2005-359, Laws of Florida, and section 1 of chapter 2005-361,

31  Laws of Florida, is amended to read:

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 1         112.3215  Lobbying before the executive branch or the

 2  Constitution Revision Commission; registration and reporting;

 3  investigation by commission.--

 4         (5)

 5         (e)  The commission shall provide by rule the grounds

 6  for waiving a fine, the procedures a procedure by which a

 7  lobbying firm that fails to timely file a report shall be

 8  notified and assessed fines, and the procedure for appealing

 9  the fines. The rule shall provide for the following:

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

11  person designated to review the timeliness of reports shall

12  immediately notify the lobbying firm as to the failure to

13  timely file the report and that a fine is being assessed for

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

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

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

17  to review the timeliness of reports shall determine the amount

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

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

20  registration and reporting office.

21         b.  When the report is postmarked.

22         c.  When the certificate of mailing is dated.

23         d.  When the receipt from an established courier

24  company is dated.

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

26  notice of payment due is transmitted by the Lobbyist

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

28  The moneys shall be deposited into the Executive Branch Lobby

29  Registration Trust Fund.

30         4.  A fine shall not be assessed against a lobbying

31  firm the first time any reports for which the lobbying firm is

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 1  responsible are not timely filed. However, to receive the

 2  one-time fine waiver, all reports for which the lobbying firm

 3  is responsible must be filed within 30 days after the notice

 4  that any reports have not been timely filed is transmitted by

 5  the Lobbyist Registration Office. A fine shall be assessed for

 6  any subsequent late-filed reports.

 7         5.  Any lobbying firm may appeal or dispute a fine,

 8  based upon unusual circumstances surrounding the failure to

 9  file on the designated due date, and may request and shall be

10  entitled to a hearing before the commission, which shall have

11  the authority to waive the fine in whole or in part for good

12  cause shown. Any such request shall be made within 30 days

13  after the notice of payment due is transmitted by the Lobbyist

14  Registration Office. In such case, the lobbying firm shall,

15  within the 30-day period, notify the person designated to

16  review the timeliness of reports in writing of his or her

17  intention to bring the matter before the commission.

18         6.  The person designated to review the timeliness of

19  reports shall notify the commission of the failure of a

20  lobbying firm to file a report after notice or of the failure

21  of a lobbying firm to pay the fine imposed. All lobbyist

22  registrations for lobbyists who are partners, owners,

23  officers, or employees of a lobbying firm that fails to timely

24  pay a fine are automatically suspended until the fine is paid

25  or waived, and the commission shall promptly notify all

26  affected principals of each suspension and each reinstatement.

27         7.  Notwithstanding any provision of chapter 120, any

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

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

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

31  after the commission renders a final order on the lobbying

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 1  firm's appeal shall be collected by the Department of

 2  Financial Services as a claim, debt, or other obligation owed

 3  to the state, and the department may assign the collection of

 4  such fine to a collection agent as provided in s. 17.20.

 5         Section 12.  Effective April 1, 2007, paragraph (d) of

 6  subsection (5) of section 112.3215, Florida Statutes, as

 7  amended by this act, section 6 of chapter 2005-359, Laws of

 8  Florida, and section 1 of chapter 2005-361, Laws of Florida,

 9  is amended to read:

10         112.3215  Lobbying before the executive branch or the

11  Constitution Revision Commission; registration and reporting;

12  investigation by commission.--

13         (5)

14         (d)  The commission shall provide by rule the grounds

15  for waiving a fine, the procedures a procedure by which a

16  lobbying firm that fails to timely file a report shall be

17  notified and assessed fines, and the procedure for appealing

18  the fines. The rule shall provide for the following:

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

20  person designated to review the timeliness of reports shall

21  immediately notify the lobbying firm as to the failure to

22  timely file the report and that a fine is being assessed for

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

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

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

26  to review the timeliness of reports shall determine the amount

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

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

29  registration and reporting office.

30         b.  When the electronic receipt issued pursuant to s.

31  112.32155 is dated.

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

 2  notice of payment due is transmitted by the Lobbyist

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

 4  The moneys shall be deposited into the Executive Branch Lobby

 5  Registration Trust Fund.

 6         4.  A fine shall not be assessed against a lobbying

 7  firm the first time any reports for which the lobbying firm is

 8  responsible are not timely filed. However, to receive the

 9  one-time fine waiver, all reports for which the lobbying firm

10  is responsible must be filed within 30 days after the notice

11  that any reports have not been timely filed is transmitted by

12  the Lobbyist Registration Office. A fine shall be assessed for

13  any subsequent late-filed reports.

14         5.  Any lobbying firm may appeal or dispute a fine,

15  based upon unusual circumstances surrounding the failure to

16  file on the designated due date, and may request and shall be

17  entitled to a hearing before the commission, which shall have

18  the authority to waive the fine in whole or in part for good

19  cause shown. Any such request shall be made within 30 days

20  after the notice of payment due is transmitted by the Lobbyist

21  Registration Office. In such case, the lobbying firm shall,

22  within the 30-day period, notify the person designated to

23  review the timeliness of reports in writing of his or her

24  intention to bring the matter before the commission.

25         6.  The person designated to review the timeliness of

26  reports shall notify the commission of the failure of a

27  lobbying firm to file a report after notice or of the failure

28  of a lobbying firm to pay the fine imposed. All lobbyist

29  registrations for lobbyists who are partners, owners,

30  officers, or employees of a lobbying firm that fails to timely

31  pay a fine are automatically suspended until the fine is paid

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 1  or waived, and the commission shall promptly notify all

 2  affected principals of each suspension and each reinstatement.

 3         7.  Notwithstanding any provision of chapter 120, any

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

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

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

 7  after the commission renders a final order on the lobbying

 8  firm's appeal shall be collected by the Department of

 9  Financial Services as a claim, debt, or other obligation owed

10  to the state, and the department may assign the collection of

11  such fine to a collection agent as provided in s. 17.20.

12         Section 13.  Subsection (4) of section 112.322, Florida

13  Statutes, is amended to read:

14         112.322  Duties and powers of commission.--

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

16  and investigate.  The commission may subpoena witnesses and

17  compel their attendance and testimony, administer oaths and

18  affirmations, take evidence, and require by subpoena the

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

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

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

22  its investigators the authority to administer oaths and

23  affirmations. The commission may delegate the authority to

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

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

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

27  commission may make application to any circuit court of this

28  state which shall have jurisdiction to order the witness to

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

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

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

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 1  court as contempt. Witnesses shall be paid mileage and

 2  witnesses fees as authorized for witnesses in civil cases,

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

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

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

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

 7  appears.

 8         Section 14.  Subsections (3) and (4) of section 914.21,

 9  Florida Statutes, are amended to read:

10         914.21  Definitions.--As used in ss. 914.22-914.24, the

11  term:

12         (3)  "Official investigation" means any investigation

13  instituted by a law enforcement agency or prosecuting officer

14  of the state or a political subdivision of the state or the

15  Commission on Ethics.

16         (4)  "Official proceeding" means:

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

18  jury;

19         (b)  A proceeding before the Legislature; or

20         (c)  A proceeding before a federal agency that which is

21  authorized by law; or.

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

23         Section 15.  This act shall take effect October 1,

24  2006.

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits employees of the state and its political
      subdivisions from participating in a political campaign
 4    during certain time periods. Redefines the term
      "employee" to include certain other-personal-services
 5    employees for certain postemployment activities. Provides
      an exemption to a person who, after service on an
 6    advisory board, files a statement with the Commission on
      Ethics relating to a bid or submission. Requires that a
 7    delinquency notice be sent to certain officeholders by
      certified mail, return receipt requested. Prescribes
 8    reporting requirements for certain reports by reporting
      individuals or procurement employees. Permits the
 9    Commission on Ethics to recommend where a restitution
      penalty may be paid. Authorizes the Attorney General to
10    recover costs and fees. Provides additional standards for
      state agency employees relating to procurement of goods
11    and services by a state agency. Authorizes an employee
      whose position is eliminated to engage in certain
12    contractual activities. Requires automatic suspension of
      a lobbyist's registration if a fine is not timely paid.
13    Requires principals to be notified of such suspensions.
      Provides applicability of certain provisions relating to
14    tampering with witnesses to investigations by and
      proceedings before the Commission on Ethics. (See bill
15    for details.)

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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