Senate Bill sb2000c1

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    Florida Senate - 2006                           CS for SB 2000

    By the Committee on Ethics and Elections; and Senator Posey





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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; 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; clarifying that

13         existing postemployment restrictions apply to

14         certain agency employees; providing an

15         exemption from provisions prohibiting conflicts

16         in employment to a person who, after serving on

17         an advisory board, files a statement with the

18         Commission on Ethics relating to a bid or

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

20         specifying how assets and liabilities valued in

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

22         reporting individual; conforming a

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

24         requiring that a delinquency notice be sent to

25         certain officeholders by certified mail, return

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

27         deleting certain provisions relating to

28         reporting the value of assets; amending s.

29         112.3148, F.S.; providing requirements for

30         persons who have left office or employment as

31         to filing a report relating to gifts; revising

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 1         certain filing deadlines; amending s. 112.3149,

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

 3         person who left office or employment be filed

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

 5         authorizing the commission to recommend a

 6         restitution penalty be paid to the agency or

 7         the General Revenue Fund; authorizing the

 8         Attorney General to recover costs for filing

 9         suit to collect penalties and fines; deleting

10         provisions imposing a penalty for the

11         disclosure of information concerning a

12         complaint or an investigation; amending s.

13         112.3185, F.S.; providing additional standards

14         for state agency employees relating to

15         procurement of goods and services by a state

16         agency; authorizing an employee whose position

17         was eliminated to engage in certain contractual

18         activities; amending s. 112.321, F.S.;

19         prohibiting an individual who qualifies as a

20         lobbyist from serving on the commission;

21         prohibiting a member of the commission from

22         lobbying any state or local governmental

23         entity; providing exceptions for individuals

24         who are members of the commission on July 1,

25         2006, until the expiration of their current

26         terms; amending s. 112.3215, F.S.; requiring

27         the commission to adopt a rule detailing the

28         grounds for waiving a fine and the procedures

29         when a lobbyist fails to timely file his or her

30         report; requiring automatic suspension of

31         certain lobbyist registrations if the fine is

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 1         not timely paid; requiring the commission to

 2         provide written notice to affected principals

 3         when a lobbyist's registration is automatically

 4         suspended and reinstated; amending s. 112.322,

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

 6         for certain witnesses; amending s. 914.21,

 7         F.S.; redefining the terms "official

 8         investigation" and "official proceeding," for

 9         purposes of provisions relating to tampering

10         with witnesses, to include an investigation by

11         or proceeding before the Commission on Ethics;

12         providing effective dates.

13  

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

15  

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

17  104.31, Florida Statutes, are redesignated as subsections (3)

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

19  that section, to read:

20         104.31  Political activities of state, county, and

21  municipal officers and employees.--

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

23  subdivision may not participate in any political campaign for

24  an elective office while on duty.

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

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

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

28         112.313  Standards of conduct for public officers,

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

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

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

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 1  local government attorney may not shall disclose or use

 2  information not available to members of the general public and

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

 4  information relating exclusively to governmental practices,

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

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

 7         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

 8  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

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

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

11  Constitution relating to legislators, statewide elected

12  officers, appointed state officers, and designated public

13  employees.

14         2.  As used in this paragraph:

15         a.  "Employee" means:

16         (I)  Any person employed in the executive or

17  legislative branch of government holding a position in the

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

19  person holding a position in the Selected Exempt Service as

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

21  policy or procurement employed by the Department of the

22  Lottery.

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

24  of Program Policy Analysis and Government Accountability, the

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

26  at Arms and Clerk of the House of Representatives.

27         (III)  The executive director of the Legislative

28  Committee on Intergovernmental Relations and the executive

29  director and deputy executive director of the Commission on

30  Ethics.

31  

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

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

 3  select committee of the Legislature; an executive director,

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

 5  the Office of the President of the Senate, the Office of the

 6  Speaker of the House of Representatives, the Senate Majority

 7  Party Office, Senate Minority Party Office, House Majority

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

 9  hired on a contractual basis, having the power normally

10  conferred upon such persons, by whatever title.

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

12  University System; the general counsel to the Board of

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

14  state university.

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

16  employee, having the power normally conferred upon the

17  positions referenced in this sub-subparagraph.

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

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

20  of the executive or legislative branch of state government

21  whose powers, jurisdiction, and authority are not solely

22  advisory and include the final determination or adjudication

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

24  other than those relative to its internal operations.

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

26  executive, or judicial branch of state government over which

27  the Legislature exercises plenary budgetary and statutory

28  control.

29         3.  No member of the Legislature, appointed state

30  officer, or statewide elected officer shall personally

31  represent another person or entity for compensation before the

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 1  government body or agency of which the individual was an

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

 3  of office. No member of the Legislature shall personally

 4  represent another person or entity for compensation during his

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

 6  judicial tribunals or in settlement negotiations after the

 7  filing of a lawsuit.

 8         4.  An No agency employee, including an agency employee

 9  who was employed on July 1, 2001, in a Career Service System

10  position that was transferred to the Selected Exempt Service

11  System under chapter 2001-43, Laws of Florida, may not shall

12  personally represent another person or entity for compensation

13  before the agency with which he or she was employed for a

14  period of 2 years following vacation of position, unless

15  employed by another 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.

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

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

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

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

 8  disclosure of the transaction or relationship to the

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

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

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

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

13  determination by the appointing person and full disclosure of

14  the transaction or relationship by the appointee to the

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

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

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

18  competitive bidding to the lowest or best bidder and:

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

20  in no way participated in the determination of the bid

21  specifications or the determination of the lowest or best

22  bidder;

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

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

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

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

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

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

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

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

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

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 1  the official is an officer or employee of a political

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

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

 4  the intended business.

 5         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

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

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

 8  personally represent another person or entity for compensation

 9  before the government governing body or agency of which the

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

11  that office.

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

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

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

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

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

17         112.3144  Full and public disclosure of financial

18  interests.--

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

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

21  the reporting individual holds jointly with another person,

22  the amount reported shall be based on the reporting

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

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

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

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

27  individual is deemed to own a percentage of a partnership

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

29  capital or equity of the partnership.

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

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

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 1  which the reporting individual is jointly and severally

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

 3  individual's percentage of liability rather than the total

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

 5  secured by property owned by the reporting individual but that

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

 7  at 100 percent of the total amount owed.

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

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

10  liability of the reporting individual not otherwise reported

11  in subparagraph 1.

12         (5)(4)  Forms for compliance with the full and public

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

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

15  commission shall give notice of disclosure deadlines and

16  delinquencies and distribute forms in the following manner:

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

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

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

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

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

22  commission shall be assisted by each unit of government in

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

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

25  respective unit of government.

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

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

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

29  filing deadline to each person on the mailing list.

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

31  the commission shall determine which persons on the mailing

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

 2  send delinquency notices by certified mail to such persons.

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

 4  September 1 of the current year.

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

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

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

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

 9  certificate of mailing obtained from and dated by the United

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

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

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

13  manner.

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

15  disclosure of financial interests and whose name is on the

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

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

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

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

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

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

22  commission must provide by rule the grounds for waiving the

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

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

25  timely manner will be notified of assessed fines and may

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

27  following:

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

29  earliest of the following:

30         a.  When a statement is actually received by the

31  office.

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 1         b.  When the statement is postmarked.

 2         c.  When the certificate of mailing is dated.

 3         d.  When the receipt from an established courier

 4  company is dated.

 5         2.  Upon receipt of the disclosure statement or upon

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

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

 8  and shall notify the delinquent person. The notice must

 9  include an explanation of the appeal procedure under

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

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

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

13  shall be deposited into the General Revenue Fund.

14         3.  Any reporting person 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 is

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

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

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

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

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

22  designated to review the timeliness of reports in writing of

23  his or her intention to bring the matter before the

24  commission.

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

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

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

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

29  public disclosure is not subject to the fines or penalties

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

31  

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

 2  nevertheless is required to file the disclosure statement.

 3         (g)  The notification requirements and fines of this

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

 5  required of any person appointed to elective constitutional

 6  office or other position required to file full and public

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

 8  notification list and the person received notification from

 9  the commission. The appointing official shall notify such

10  newly appointed person of the obligation to file full and

11  public disclosure by July 1. The notification requirements and

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

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

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

15  fine imposed under this subsection which is not waived by

16  final order of the commission and which remains unpaid more

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

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

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

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

21  department shall assign the collection of such fine to a

22  collection agent as provided in s. 17.20.

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

24  112.3145, Florida Statutes, is amended to read:

25         112.3145  Disclosure of financial interests and clients

26  represented before agencies.--

27         (6)  Forms for compliance with the disclosure

28  requirements of this section and a current list of persons

29  subject to disclosure shall be created by the commission and

30  provided to each supervisor of elections. The commission and

31  each supervisor of elections shall give notice of disclosure

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 1  deadlines and delinquencies and distribute forms in the

 2  following manner:

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

 4  the commission and each supervisor of elections shall

 5  determine which persons required to file a statement of

 6  financial interests in their respective offices have failed to

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

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

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

10  of the current year; that no investigative or disciplinary

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

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

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

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

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

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

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

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

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

20  statement within 60 days after September 1 of the current

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

22  provided in s. 112.317.

23         Section 5.  Section 112.3147, Florida Statutes, is

24  amended to read:

25         112.3147  Forms.--

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

27  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149

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

29  forms prescribed by the Commission on Ethics.

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

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

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 1  which the reporting individual holds jointly with another

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

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

 4  except that assets held jointly with the reporting

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

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

 7  reporting individual is deemed to own an interest in a

 8  partnership which corresponds to the reporting individual's

 9  interest in the capital or equity of the partnership.

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

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

12  for which the reporting individual is jointly and severally

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

14  individual's percentage of liability rather than the total

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

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

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

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

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

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

21  liability of the reporting individual not otherwise reported

22  in paragraph (a).

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

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

25  amended to read:

26         112.3148  Reporting and prohibited receipt of gifts by

27  individuals filing full or limited public disclosure of

28  financial interests and by procurement employees.--

29         (6)

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

31  individual or procurement employee shall file a statement

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

 2  the reporting individual or procurement employee, either

 3  directly or indirectly, from a governmental entity or a

 4  direct-support organization specifically authorized by law to

 5  support a governmental entity. The statement shall list the

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

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

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

 9  which the report is made. The reporting individual or

10  procurement employee shall attach to the such statement any

11  report received by him or her in accordance with paragraph

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

13  the statement of the reporting individual or procurement

14  employee. The reporting individual or procurement employee may

15  explain any differences between the report of the reporting

16  individual or procurement employee and the attached reports.

17  The annual report filed by a reporting individual shall be

18  filed with the financial disclosure statement required by

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

20  as applicable to the reporting individual.  The annual report

21  filed by a procurement employee shall be filed with the

22  Commission on Ethics. The report filed by a reporting

23  individual or procurement employee who left office or

24  employment during the calendar year covered by the report

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

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

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

28  employee, with the Commission on Ethics.

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

30  employee shall file a statement with the Commission on Ethics

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

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 1  the previous calendar quarter, containing a list of gifts

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

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

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

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

 6  following:

 7         1.  Gifts from relatives.

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

 9  112.313(4).

10         3.  Gifts otherwise required to be disclosed by this

11  section.

12         (b)  The statement shall include:

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

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

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

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

17  shall so state.

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

19  reporting individual or procurement employee by the donor.

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

21  differences between the reporting individual's or procurement

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

23         (d)  The reporting individual's or procurement

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

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

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

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

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

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

30  certificate of mailing obtained from and dated by the United

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

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

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

 3  manner.

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

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

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

 7  statement under this subsection for that calendar quarter.

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

 9  Statutes, is amended to read:

10         112.3149  Solicitation and disclosure of honoraria.--

11         (6)  A reporting individual or procurement employee who

12  receives payment or provision of expenses related to any

13  honorarium event from a person who is prohibited by subsection

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

15  procurement employee shall publicly disclose on an annual

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

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

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

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

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

21  reporting individual or procurement employee in connection

22  with the honorarium event.  The annual statement of honorarium

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

24  expenses received during the previous calendar year. The

25  reporting individual or procurement employee shall attach to

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

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

28  expenses paid or provided during the calendar year for which

29  the annual statement is filed. The Such attached statement

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

31  report. The annual statement of a reporting individual shall

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 1  be filed with the financial disclosure statement required by

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

 3  as applicable to the reporting individual. The annual

 4  statement of a procurement employee shall be filed with the

 5  Commission on Ethics. The statement filed by a reporting

 6  individual or procurement employee who left office or

 7  employment during the calendar year covered by the statement

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

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

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

11  employee, with the Commission on Ethics.

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

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

14         112.317  Penalties.--

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

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

17  disclosures required by this part or violation of any standard

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

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

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

21  pursuant to applicable constitutional and statutory

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

23  one or more of the following:

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

25         1.  Impeachment.

26         2.  Removal from office.

27         3.  Suspension from office.

28         4.  Public censure and reprimand.

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

30  month for no more than 12 months.

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

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 1         7.  Restitution of any pecuniary benefits received

 2  because of the violation committed. The commission may

 3  recommend that the restitution penalty be paid to the agency

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

 5  Revenue Fund.

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

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

 8  to be an employee:

 9         1.  Dismissal from employment.

10         2.  Suspension from employment for not more than 90

11  days without pay.

12         3.  Demotion.

13         4.  Reduction in salary level.

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

15  month for no more than 12 months.

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

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

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

22  Revenue Fund.

23         8.  Public censure and reprimand.

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

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

26  State Constitution:

27         1.  Disqualification from being on the ballot.

28         2.  Public censure.

29         3.  Reprimand.

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

31  

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

 2  who has violated a provision applicable to former officers or

 3  employees or whose violation occurred before the prior to such

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

 5         1.  Public censure and reprimand.

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

 7         3.  Restitution of any pecuniary benefits received

 8  because of the violation committed. The commission may

 9  recommend that the restitution penalty be paid to the agency

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

11  Fund.

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

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

14  Constitution and the proper disciplinary official or body

15  under s. 112.324 imposes recommends a civil penalty or

16  restitution penalty, the Attorney General shall bring a civil

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

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

19  restitution that could have been raised by judicial review of

20  the administrative findings and recommendations of the

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

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

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

24  bringing the action.

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

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

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

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

29  connection with a confidential preliminary investigation of

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

31  proceeding becomes a public record as provided herein commits

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

 2  s. 775.082 or s. 775.083.

 3         (6)(7)  In any case in which the commission finds

 4  probable cause to believe that a complainant has committed

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

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

 7  the appropriate law enforcement agency for prosecution and

 8  taxation of costs.

 9         (7)(8)  In any case in which the commission determines

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

11  or employee with a malicious intent to injure the reputation

12  of such officer or employee by filing the complaint with

13  knowledge that the complaint contains one or more false

14  allegations or with reckless disregard for whether the

15  complaint contains false allegations of fact material to a

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

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

18  of the person complained against, including the costs and

19  reasonable attorney's fees incurred in proving entitlement to

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

21  pay such costs and fees voluntarily within 30 days following

22  such finding by the commission, the commission shall forward

23  such information to the Department of Legal Affairs, which

24  shall bring a civil action in a court of competent

25  jurisdiction to recover the amount of such costs and fees

26  awarded by the commission.

27         Section 9.  Section 112.3185, Florida Statutes, is

28  amended to read:

29         112.3185  Additional standards for state agency

30  employees Contractual services.--

31         (1)  For the purposes of this section:

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

 2  forth in chapter 287.

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

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

 5  branch of state government and includes the Public Service

 6  Commission.

 7         (2)  An No agency employee who participates through

 8  decision, approval, disapproval, recommendation, preparation

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

10  any specification or procurement standard, rendering of

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

12  capacity in the procurement of contractual services may not

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

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

15  employed.

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

17  retirement or termination, have or hold any employment or

18  contractual relationship with any business entity other than

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

20  employee participated personally and substantially through

21  decision, approval, disapproval, recommendation, rendering of

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

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

24  duties are performed by the business entity, this subsection

25  does not prohibit him or her from employment or contractual

26  relationship with the business entity if the employee's

27  participation in the contract was limited to recommendation,

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

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

30  thereby and provides prior written approval for the particular

31  employee.

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

 2  years after retirement or termination, have or hold any

 3  employment or contractual relationship with any business

 4  entity other than an agency in connection with any contract

 5  for contractual services which was within his or her

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

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

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

 9  agency head through prior written approval for a particular

10  employee if the agency head determines that the best interests

11  of the state will be served thereby.

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

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

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

15  employed, for contractual services provided to the agency,

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

17  cessation of his or her responsibilities. The provisions of

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

19  particular contract if the agency head determines that such

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

21  state.

22         (6)  An No agency employee acting in an official

23  capacity may not shall directly or indirectly procure

24  contractual services for his or her own agency from any

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

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

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

28  them, has a material interest.

29         (7)  A violation of any provision of this section is

30  punishable in accordance with s. 112.317.

31  

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 1         (8)  This section is not applicable to any employee of

 2  the Public Service Commission who was so employed on or before

 3  December 31, 1994.

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

 5  Statutes, is amended to read:

 6         112.321  Membership, terms; travel expenses; staff.--

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

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

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

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

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

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

13  zoning board which has only advisory duties.  Two members

14  shall be appointed by the Speaker of the House of

15  Representatives, and two members shall be appointed by the

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

17  Representatives nor the President of the Senate shall appoint

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

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

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

21  member may hold any public employment. An individual who

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

23  or pursuant to any local government charter or ordinance may

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

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

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

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

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

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

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

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

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

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

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

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

 5  Governor, the President of the Senate, the Speaker of the

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

 7  Court.

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

 9  112.3215, Florida Statutes, as amended by section 5 of chapter

10  2005-359, Laws of Florida, and section 1 of chapter 2005-361,

11  Laws of Florida, is amended to read:

12         112.3215  Lobbying before the executive branch or the

13  Constitution Revision Commission; registration and reporting;

14  investigation by commission.--

15         (5)

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

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

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

19  notified and assessed fines, and the procedure for appealing

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

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

22  person designated to review the timeliness of reports shall

23  immediately notify the lobbying firm as to the failure to

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

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

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

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

28  to review the timeliness of reports shall determine the amount

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

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

31  registration and reporting office.

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 1         b.  When the report is postmarked.

 2         c.  When the certificate of mailing is dated.

 3         d.  When the receipt from an established courier

 4  company is dated.

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

 6  notice of payment due is transmitted by the Lobbyist

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

 8  The moneys shall be deposited into the Executive Branch Lobby

 9  Registration Trust Fund.

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

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

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

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

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

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

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

17  any subsequent late-filed reports.

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

19  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

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

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

28  intention to bring the matter before the commission.

29         6.  The person designated to review the timeliness of

30  reports shall notify the commission of the failure of a

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

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

 2  registrations for lobbyists who are partners, owners,

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

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

 5  or waived, and the commission shall promptly notify all

 6  affected principals of each suspension and each reinstatement.

 7         7.  Notwithstanding any provision of chapter 120, any

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

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

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

11  after the commission renders a final order on the lobbying

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

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

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

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

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

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

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

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

20  is amended to read:

21         112.3215  Lobbying before the executive branch or the

22  Constitution Revision Commission; registration and reporting;

23  investigation by commission.--

24         (5)

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

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

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

28  notified and assessed fines, and the procedure for appealing

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

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

31  person designated to review the timeliness of reports shall

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 1  immediately notify the lobbying firm as to the failure to

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

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

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

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

 6  to review the timeliness of reports shall determine the amount

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

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

 9  registration and reporting office.

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

11  112.32155 is dated.

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

13  notice of payment due is transmitted by the Lobbyist

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

15  The moneys shall be deposited into the Executive Branch Lobby

16  Registration Trust Fund.

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

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

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

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

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

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

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

24  any subsequent late-filed reports.

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

26  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

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

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

 4  intention to bring the matter before the commission.

 5         6.  The person designated to review the timeliness of

 6  reports shall notify the commission of the failure of a

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

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

 9  registrations for lobbyists who are partners, owners,

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

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

12  or waived, and the commission shall promptly notify all

13  affected principals of each suspension and each reinstatement.

14         7.  Notwithstanding any provision of chapter 120, any

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

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

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

18  after the commission renders a final order on the lobbying

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

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

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

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

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

24  Statutes, is amended to read:

25         112.322  Duties and powers of commission.--

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

27  and investigate.  The commission may subpoena witnesses and

28  compel their attendance and testimony, administer oaths and

29  affirmations, take evidence, and require by subpoena the

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

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

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

 2  its investigators the authority to administer oaths and

 3  affirmations. The commission may delegate the authority to

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

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

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

 7  commission may make application to any circuit court of this

 8  state which shall have jurisdiction to order the witness to

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

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

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

12  court as contempt. Witnesses shall be paid mileage and

13  witnesses fees as authorized for witnesses in civil cases,

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

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

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

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

18  appears.

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

20  Florida Statutes, are amended to read:

21         914.21  Definitions.--As used in ss. 914.22-914.24, the

22  term:

23         (3)  "Official investigation" means any investigation

24  instituted by a law enforcement agency or prosecuting officer

25  of the state or a political subdivision of the state or the

26  Commission on Ethics.

27         (4)  "Official proceeding" means:

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

29  jury;

30         (b)  A proceeding before the Legislature; or

31  

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

 2  authorized by law; or.

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

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

 5  2006.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 2000

 9                                 

10  The Committee Substitute clarifies that the two-year
    "revolving door" prohibition is applicable to agency employees
11  whose positions were transferred to the Selected Exempt
    Service System from the Career Service System under chapter
12  2001-43, Laws of Florida. It also removes language that would
    prohibit agency employees from leaving government and then
13  switching sides to represent for compensation a client before
    their former agency in connection with the same matter in
14  which they participated "personally and substantially" while
    an agency employee.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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