Senate Bill sb2000er

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  1                                 

  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; providing definitions; amending s.

20         112.3144, F.S.; specifying how assets and

21         liabilities valued in excess of $1,000 are to

22         be reported by a reporting individual;

23         conforming a cross-reference; amending s.

24         112.3145, F.S.; requiring that a delinquency

25         notice be sent to certain officeholders by

26         certified mail, return receipt requested;

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

28         provisions relating to reporting the value of

29         assets; amending s. 112.3148, F.S.; providing

30         requirements for persons who have left office

31         or employment as to filing a report relating to


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 1         gifts; revising certain filing deadlines;

 2         amending s. 112.3149, F.S.; requiring that a

 3         report of honoraria by a person who left office

 4         or employment be filed by a specified date;

 5         amending s. 112.317, F.S.; authorizing the

 6         commission to recommend a restitution penalty

 7         be paid to the agency or the General Revenue

 8         Fund; authorizing the Attorney General to

 9         recover costs for filing suit to collect

10         penalties and fines; deleting provisions

11         imposing a penalty for the disclosure of

12         information concerning a complaint or an

13         investigation; amending s. 112.3185, F.S.;

14         providing additional standards for state agency

15         employees relating to procurement of goods and

16         services by a state agency; authorizing an

17         employee whose position was eliminated to

18         engage in certain contractual activities;

19         amending s. 112.321, F.S.; prohibiting an

20         individual who qualifies as a lobbyist from

21         serving on the commission; prohibiting a member

22         of the commission from lobbying any state or

23         local governmental entity; providing exceptions

24         for individuals who are members of the

25         commission on July 1, 2006, until the

26         expiration of their current terms; amending s.

27         11.045, F.S.; redefining the term "expenditure"

28         for purposes of provisions governing lobbying

29         before the Legislature; amending s. 112.3215,

30         F.S.; redefining the term "expenditure" for

31         purposes of provisions governing lobbying


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 1         before the executive branch or the Constitution

 2         Revision Commission; requiring requirements

 3         concerning lobbying to county officers;

 4         defining the term "county officer"; requiring

 5         the commission to adopt a rule detailing the

 6         grounds for waiving a fine and the procedures

 7         when a lobbyist fails to timely file his or her

 8         report; requiring automatic suspension of

 9         certain lobbyist registrations if the fine is

10         not timely paid; requiring the commission to

11         provide written notice to affected principals

12         when a lobbyist's registration is automatically

13         suspended and reinstated; amending s. 112.322,

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

15         for certain witnesses; amending s. 914.21,

16         F.S.; redefining the terms "official

17         investigation" and "official proceeding," for

18         purposes of provisions relating to tampering

19         with witnesses, to include an investigation by

20         or proceeding before the Commission on Ethics;

21         providing effective dates.

22  

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

24  

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

26  104.31, Florida Statutes, are redesignated as subsections (3)

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

28  that section, to read:

29         104.31  Political activities of state, county, and

30  municipal officers and employees.--

31  


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

 2  subdivision may not participate in any political campaign for

 3  an elective office while on duty.

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

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

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

 7         112.313  Standards of conduct for public officers,

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

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

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

11  local government attorney may not shall disclose or use

12  information not available to members of the general public and

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

14  information relating exclusively to governmental practices,

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

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

17         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

18  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

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

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

21  Constitution relating to legislators, statewide elected

22  officers, appointed state officers, and designated public

23  employees.

24         2.  As used in this paragraph:

25         a.  "Employee" means:

26         (I)  Any person employed in the executive or

27  legislative branch of government holding a position in the

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

29  person holding a position in the Selected Exempt Service as

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

31  


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 1  policy or procurement employed by the Department of the

 2  Lottery.

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

 4  of Program Policy Analysis and Government Accountability, the

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

 6  at Arms and Clerk of the House of Representatives.

 7         (III)  The executive director of the Legislative

 8  Committee on Intergovernmental Relations and the executive

 9  director and deputy executive director of the Commission on

10  Ethics.

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

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

13  select committee of the Legislature; an executive director,

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

15  the Office of the President of the Senate, the Office of the

16  Speaker of the House of Representatives, the Senate Majority

17  Party Office, Senate Minority Party Office, House Majority

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

19  hired on a contractual basis, having the power normally

20  conferred upon such persons, by whatever title.

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

22  University System; the general counsel to the Board of

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

24  state university.

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

26  employee, having the power normally conferred upon the

27  positions referenced in this sub-subparagraph.

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

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

30  of the executive or legislative branch of state government

31  whose powers, jurisdiction, and authority are not solely


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 1  advisory and include the final determination or adjudication

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

 3  other than those relative to its internal operations.

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

 5  executive, or judicial branch of state government over which

 6  the Legislature exercises plenary budgetary and statutory

 7  control.

 8         3.  No member of the Legislature, appointed state

 9  officer, or statewide elected officer shall personally

10  represent another person or entity for compensation before the

11  government body or agency of which the individual was an

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

13  of office. No member of the Legislature shall personally

14  represent another person or entity for compensation during his

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

16  judicial tribunals or in settlement negotiations after the

17  filing of a lawsuit.

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

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

20  position that was transferred to the Selected Exempt Service

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

22  personally represent another person or entity for compensation

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

24  period of 2 years following vacation of position, unless

25  employed by another agency of state government.

26         5.  Any person violating this paragraph shall be

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

28  penalty of an amount equal to the compensation which the

29  person receives for the prohibited conduct.

30         6.  This paragraph is not applicable to:

31  


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 1         a.  A person employed by the Legislature or other

 2  agency prior to July 1, 1989;

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

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

 5  defined employee on July 1, 1989;

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

 7  University System or the Public Service Commission who held

 8  such employment on December 31, 1994;

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

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

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

12         e.  Any appointed state officer whose term of office

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

14  office on or after January 1, 1995.

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

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

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

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

19  disclosure of the transaction or relationship to the

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

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

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

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

24  determination by the appointing person and full disclosure of

25  the transaction or relationship by the appointee to the

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

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

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

29  competitive bidding to the lowest or best bidder and:

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

31  in no way participated in the determination of the bid


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 1  specifications or the determination of the lowest or best

 2  bidder;

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

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

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

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

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

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

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

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

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

12  the official is an officer or employee of a political

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

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

15  the intended business.

16         (14)  LOBBYING BY FORMER LOCAL OFFICERS;

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

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

19  personally represent another person or entity for compensation

20  before the government governing body or agency of which the

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

22  that office. For purposes of this subsection:

23         (a)  The "government body or agency" of a member of a

24  board of county commissioners consists of the commission, the

25  chief administrative officer or employee of the county, and

26  their immediate support staff.

27         (b)  The "government body or agency" of any other

28  county elected officer is the office or department headed by

29  that officer, including all subordinate employees.

30         (c)  The "government body or agency" of an elected

31  municipal officer consists of the governing body of the


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 1  municipality, the chief administrative officer or employee of

 2  the municipality, and their immediate support staff.

 3         (d)  The "government body or agency" of an elected

 4  special district officer is the special district.

 5         (e)  The "government body or agency" of an elected

 6  school district officer is the school district.

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

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

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

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

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

12         112.3144  Full and public disclosure of financial

13  interests.--

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

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

16  the reporting individual holds jointly with another person,

17  the amount reported shall be based on the reporting

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

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

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

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

22  individual is deemed to own a percentage of a partnership

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

24  capital or equity of the partnership.

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

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

27  which the reporting individual is jointly and severally

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

29  individual's percentage of liability rather than the total

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

31  secured by property owned by the reporting individual but that


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

 2  at 100 percent of the total amount owed.

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

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

 5  liability of the reporting individual not otherwise reported

 6  in subparagraph 1.

 7         (5)(4)  Forms for compliance with the full and public

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

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

10  commission shall give notice of disclosure deadlines and

11  delinquencies and distribute forms in the following manner:

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

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

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

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

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

17  commission shall be assisted by each unit of government in

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

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

20  respective unit of government.

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

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

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

24  filing deadline to each person on the mailing list.

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

26  the commission shall determine which persons on the mailing

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

28  send delinquency notices by certified mail to such persons.

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

30  September 1 of the current year.

31  


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

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

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

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

 5  certificate of mailing obtained from and dated by the United

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

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

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

 9  manner.

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

11  disclosure of financial interests and whose name is on the

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

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

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

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

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

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

18  commission must provide by rule the grounds for waiving the

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

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

21  timely manner will be notified of assessed fines and may

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

23  following:

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

25  earliest of the following:

26         a.  When a statement is actually received by the

27  office.

28         b.  When the statement is postmarked.

29         c.  When the certificate of mailing is dated.

30         d.  When the receipt from an established courier

31  company is dated.


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 1         2.  Upon receipt of the disclosure statement or upon

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

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

 4  and shall notify the delinquent person. The notice must

 5  include an explanation of the appeal procedure under

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

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

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

 9  shall be deposited into the General Revenue Fund.

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

11  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

18  designated to review the timeliness of reports in writing of

19  his or her intention to bring the matter before the

20  commission.

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

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

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

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

25  public disclosure is not subject to the fines or penalties

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

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

28  nevertheless is required to file the disclosure statement.

29         (g)  The notification requirements and fines of this

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

31  required of any person appointed to elective constitutional


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 1  office or other position required to file full and public

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

 3  notification list and the person received notification from

 4  the commission. The appointing official shall notify such

 5  newly appointed person of the obligation to file full and

 6  public disclosure by July 1. The notification requirements and

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

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

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

10  fine imposed under this subsection which is not waived by

11  final order of the commission and which remains unpaid more

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

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

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

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

16  department shall assign the collection of such fine to a

17  collection agent as provided in s. 17.20.

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

19  112.3145, Florida Statutes, is amended to read:

20         112.3145  Disclosure of financial interests and clients

21  represented before agencies.--

22         (6)  Forms for compliance with the disclosure

23  requirements of this section and a current list of persons

24  subject to disclosure shall be created by the commission and

25  provided to each supervisor of elections. The commission and

26  each supervisor of elections shall give notice of disclosure

27  deadlines and delinquencies and distribute forms in the

28  following manner:

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

30  the commission and each supervisor of elections shall

31  determine which persons required to file a statement of


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 1  financial interests in their respective offices have failed to

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

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

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

 5  of the current year; that no investigative or disciplinary

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

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

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

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

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

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

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

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

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

15  statement within 60 days after September 1 of the current

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

17  provided in s. 112.317.

18         Section 5.  Section 112.3147, Florida Statutes, is

19  amended to read:

20         112.3147  Forms.--

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

22  112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149

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

24  forms prescribed by the Commission on Ethics.

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

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

27  which the reporting individual holds jointly with another

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

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

30  except that assets held jointly with the reporting

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


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

 2  reporting individual is deemed to own an interest in a

 3  partnership which corresponds to the reporting individual's

 4  interest in the capital or equity of the partnership.

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

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

 7  for which the reporting individual is jointly and severally

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

 9  individual's percentage of liability rather than the total

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

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

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

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

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

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

16  liability of the reporting individual not otherwise reported

17  in paragraph (a).

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

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

20  amended to read:

21         112.3148  Reporting and prohibited receipt of gifts by

22  individuals filing full or limited public disclosure of

23  financial interests and by procurement employees.--

24         (6)

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

26  individual or procurement employee shall file a statement

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

28  the reporting individual or procurement employee, either

29  directly or indirectly, from a governmental entity or a

30  direct-support organization specifically authorized by law to

31  support a governmental entity. The statement shall list the


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

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

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

 4  which the report is made. The reporting individual or

 5  procurement employee shall attach to the such statement any

 6  report received by him or her in accordance with paragraph

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

 8  the statement of the reporting individual or procurement

 9  employee. The reporting individual or procurement employee may

10  explain any differences between the report of the reporting

11  individual or procurement employee and the attached reports.

12  The annual report filed by a reporting individual shall be

13  filed with the financial disclosure statement required by

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

15  as applicable to the reporting individual.  The annual report

16  filed by a procurement employee shall be filed with the

17  Commission on Ethics. The report filed by a reporting

18  individual or procurement employee who left office or

19  employment during the calendar year covered by the report

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

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

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

23  employee, with the Commission on Ethics.

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

25  employee shall file a statement with the Commission on Ethics

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

27  the previous calendar quarter, containing a list of gifts

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

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

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

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

 2  following:

 3         1.  Gifts from relatives.

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

 5  112.313(4).

 6         3.  Gifts otherwise required to be disclosed by this

 7  section.

 8         (b)  The statement shall include:

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

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

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

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

13  shall so state.

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

15  reporting individual or procurement employee by the donor.

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

17  differences between the reporting individual's or procurement

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

19         (d)  The reporting individual's or procurement

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

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

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

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

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

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

26  certificate of mailing obtained from and dated by the United

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

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

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

30  manner.

31  


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

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

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

 4  statement under this subsection for that calendar quarter.

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

 6  Statutes, is amended to read:

 7         112.3149  Solicitation and disclosure of honoraria.--

 8         (6)  A reporting individual or procurement employee who

 9  receives payment or provision of expenses related to any

10  honorarium event from a person who is prohibited by subsection

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

12  procurement employee shall publicly disclose on an annual

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

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

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

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

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

18  reporting individual or procurement employee in connection

19  with the honorarium event.  The annual statement of honorarium

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

21  expenses received during the previous calendar year. The

22  reporting individual or procurement employee shall attach to

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

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

25  expenses paid or provided during the calendar year for which

26  the annual statement is filed. The Such attached statement

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

28  report. The annual statement of a reporting individual shall

29  be filed with the financial disclosure statement required by

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

31  as applicable to the reporting individual. The annual


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 1  statement of a procurement employee shall be filed with the

 2  Commission on Ethics. The statement filed by a reporting

 3  individual or procurement employee who left office or

 4  employment during the calendar year covered by the statement

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

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

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

 8  employee, with the Commission on Ethics.

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

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

11         112.317  Penalties.--

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

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

14  disclosures required by this part or violation of any standard

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

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

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

18  pursuant to applicable constitutional and statutory

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

20  one or more of the following:

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

22         1.  Impeachment.

23         2.  Removal from office.

24         3.  Suspension from office.

25         4.  Public censure and reprimand.

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

27  month for no more than 12 months.

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

29         7.  Restitution of any pecuniary benefits received

30  because of the violation committed. The commission may

31  recommend that the restitution penalty be paid to the agency


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

 2  Revenue Fund.

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

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

 5  to be an employee:

 6         1.  Dismissal from employment.

 7         2.  Suspension from employment for not more than 90

 8  days without pay.

 9         3.  Demotion.

10         4.  Reduction in salary level.

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

12  month for no more than 12 months.

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

14         7.  Restitution of any pecuniary benefits received

15  because of the violation committed. The commission may

16  recommend that the restitution penalty be paid to the agency

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

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

19  Revenue Fund.

20         8.  Public censure and reprimand.

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

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

23  State Constitution:

24         1.  Disqualification from being on the ballot.

25         2.  Public censure.

26         3.  Reprimand.

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

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

29  who has violated a provision applicable to former officers or

30  employees or whose violation occurred before the prior to such

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


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 1         1.  Public censure and reprimand.

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

 3         3.  Restitution of any pecuniary benefits received

 4  because of the violation committed. The commission may

 5  recommend that the restitution penalty be paid to the agency

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

 7  Fund.

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

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

10  Constitution and the proper disciplinary official or body

11  under s. 112.324 imposes recommends a civil penalty or

12  restitution penalty, the Attorney General shall bring a civil

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

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

15  restitution that could have been raised by judicial review of

16  the administrative findings and recommendations of the

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

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

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

20  bringing the action.

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

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

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

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

25  connection with a confidential preliminary investigation of

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

27  proceeding becomes a public record as provided herein commits

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

29  s. 775.082 or s. 775.083.

30         (6)(7)  In any case in which the commission finds

31  probable cause to believe that a complainant has committed


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

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

 3  the appropriate law enforcement agency for prosecution and

 4  taxation of costs.

 5         (7)(8)  In any case in which the commission determines

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

 7  or employee with a malicious intent to injure the reputation

 8  of such officer or employee by filing the complaint with

 9  knowledge that the complaint contains one or more false

10  allegations or with reckless disregard for whether the

11  complaint contains false allegations of fact material to a

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

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

14  of the person complained against, including the costs and

15  reasonable attorney's fees incurred in proving entitlement to

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

17  pay such costs and fees voluntarily within 30 days following

18  such finding by the commission, the commission shall forward

19  such information to the Department of Legal Affairs, which

20  shall bring a civil action in a court of competent

21  jurisdiction to recover the amount of such costs and fees

22  awarded by the commission.

23         Section 9.  Section 112.3185, Florida Statutes, is

24  amended to read:

25         112.3185  Additional standards for state agency

26  employees Contractual services.--

27         (1)  For the purposes of this section:

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

29  forth in chapter 287.

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

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


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 1  branch of state government and includes the Public Service

 2  Commission.

 3         (2)  An No agency employee who participates through

 4  decision, approval, disapproval, recommendation, preparation

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

 6  any specification or procurement standard, rendering of

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

 8  capacity in the procurement of contractual services may not

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

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

11  employed.

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

13  retirement or termination, have or hold any employment or

14  contractual relationship with any business entity other than

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

16  employee participated personally and substantially through

17  decision, approval, disapproval, recommendation, rendering of

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

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

20  duties are performed by the business entity, this subsection

21  does not prohibit him or her from employment or contractual

22  relationship with the business entity if the employee's

23  participation in the contract was limited to recommendation,

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

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

26  thereby and provides prior written approval for the particular

27  employee.

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

29  years after retirement or termination, have or hold any

30  employment or contractual relationship with any business

31  entity other than an agency in connection with any contract


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 1  for contractual services which was within his or her

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

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

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

 5  agency head through prior written approval for a particular

 6  employee if the agency head determines that the best interests

 7  of the state will be served thereby.

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

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

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

11  employed, for contractual services provided to the agency,

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

13  cessation of his or her responsibilities. The provisions of

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

15  particular contract if the agency head determines that such

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

17  state.

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

19  capacity may not shall directly or indirectly procure

20  contractual services for his or her own agency from any

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

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

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

24  them, has a material interest.

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

26  punishable in accordance with s. 112.317.

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

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

29  December 31, 1994.

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

31  Statutes, is amended to read:


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 1         112.321  Membership, terms; travel expenses; staff.--

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

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

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

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

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

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

 8  zoning board which has only advisory duties.  Two members

 9  shall be appointed by the Speaker of the House of

10  Representatives, and two members shall be appointed by the

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

12  Representatives nor the President of the Senate shall appoint

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

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

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

16  member may hold any public employment. An individual who

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

18  or pursuant to any local government charter or ordinance may

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

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

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

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

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

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

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

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

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

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

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

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

31  Governor, the President of the Senate, the Speaker of the


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

 2  Court.

 3         Section 11.  Effective upon this act becoming a law,

 4  paragraph (d) of subsection (1) of section 11.045, Florida

 5  Statutes, as amended by section 1 of chapter 2005-359, Laws of

 6  Florida, is amended to read:

 7         11.045  Lobbying before the Legislature; registration

 8  and reporting; exemptions; penalties.--

 9         (1)  As used in this section, unless the context

10  otherwise requires:

11         (d)  "Expenditure" means a payment, distribution, loan,

12  advance, reimbursement, deposit, or anything of value made by

13  a lobbyist or principal for the purpose of lobbying. The term

14  "expenditure" does not include contributions or expenditures

15  reported pursuant to chapter 106 or federal election law,

16  campaign-related personal services provided without

17  compensation by individuals volunteering their time, any other

18  contribution or expenditure made by or to a political party,

19  or any other contribution or expenditure made by an

20  organization that is exempt from taxation under 26 U.S.C. s.

21  527 or s. 501(c)(4). A contribution made to a political party

22  regulated under chapter 103 is not deemed an expenditure for

23  purposes of this section.

24         Section 12.  Effective upon this act becoming a law,

25  paragraph (d) of subsection (1) of section 112.3215, Florida

26  Statutes, as amended by section 5 of chapter 2005-359, Laws of

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

28  is amended to read:

29         112.3215  Lobbying before the executive branch or the

30  Constitution Revision Commission; registration and reporting;

31  investigation by commission.--


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 1         (1)  For the purposes of this section:

 2         (d)  "Expenditure" means a payment, distribution, loan,

 3  advance, reimbursement, deposit, or anything of value made by

 4  a lobbyist or principal for the purpose of lobbying. The term

 5  "expenditure" does not include contributions or expenditures

 6  reported pursuant to chapter 106 or federal election law,

 7  campaign-related personal services provided without

 8  compensation by individuals volunteering their time, any other

 9  contribution or expenditure made by or to a political party,

10  or any other contribution or expenditure made by an

11  organization that is exempt from taxation under 26 U.S.C. s.

12  527 or s. 501(c)(4). A contribution made to a political party

13  regulated under chapter 103 is not deemed an expenditure for

14  purposes of this section.

15         Section 13.  Paragraph (e) of subsection (5) of section

16  112.3215, Florida Statutes, as amended by section 5 of chapter

17  2005-359, Laws of Florida, and section 1 of chapter 2005-361,

18  Laws of Florida, is amended to read:

19         112.3215  Lobbying before the executive branch or the

20  Constitution Revision Commission; registration and reporting;

21  investigation by commission.--

22         (5)

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

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

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

26  notified and assessed fines, and the procedure for appealing

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

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

29  person designated to review the timeliness of reports shall

30  immediately notify the lobbying firm as to the failure to

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


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

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

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

 4  to review the timeliness of reports shall determine the amount

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

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

 7  registration and reporting office.

 8         b.  When the report is postmarked.

 9         c.  When the certificate of mailing is dated.

10         d.  When the receipt from an established courier

11  company 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 14.  Effective April 1, 2007, paragraph (d) of

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

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

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

27  is amended to read:

28         112.3215  Lobbying before the executive branch or the

29  Constitution Revision Commission; registration and reporting;

30  investigation by commission.--

31         (5)


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

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

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

 4  notified and assessed fines, and the procedure for appealing

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

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

 7  person designated to review the timeliness of reports shall

 8  immediately notify the lobbying firm as to the failure to

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

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

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

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

13  to review the timeliness of reports shall determine the amount

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

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

16  registration and reporting office.

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

18  112.32155 is dated.

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

20  notice of payment due is transmitted by the Lobbyist

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

22  The moneys shall be deposited into the Executive Branch Lobby

23  Registration Trust Fund.

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

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

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

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

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

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

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

31  any subsequent late-filed reports.


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

 2  based upon unusual circumstances surrounding the failure to

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

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

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

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

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

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

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

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

11  intention to bring the matter before the commission.

12         6.  The person designated to review the timeliness of

13  reports shall notify the commission of the failure of a

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

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

16  registrations for lobbyists who are partners, owners,

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

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

19  or waived, and the commission shall promptly notify all

20  affected principals of each suspension and each reinstatement.

21         7.  Notwithstanding any provision of chapter 120, any

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

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

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

25  after the commission renders a final order on the lobbying

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

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

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

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

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

31  Statutes, is amended to read:


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 1         112.322  Duties and powers of commission.--

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

 3  and investigate.  The commission may subpoena witnesses and

 4  compel their attendance and testimony, administer oaths and

 5  affirmations, take evidence, and require by subpoena the

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

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

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

 9  its investigators the authority to administer oaths and

10  affirmations. The commission may delegate the authority to

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

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

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

14  commission may make application to any circuit court of this

15  state which shall have jurisdiction to order the witness to

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

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

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

19  court as contempt. Witnesses shall be paid mileage and

20  witnesses fees as authorized for witnesses in civil cases,

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

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

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

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

25  appears.

26         Section 16.  Subsections (3) and (4) of section 914.21,

27  Florida Statutes, are amended to read:

28         914.21  Definitions.--As used in ss. 914.22-914.24, the

29  term:

30         (3)  "Official investigation" means any investigation

31  instituted by a law enforcement agency or prosecuting officer


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 1  of the state or a political subdivision of the state or the

 2  Commission on Ethics.

 3         (4)  "Official proceeding" means:

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

 5  jury;

 6         (b)  A proceeding before the Legislature; or

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

 8  authorized by law; or.

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

10         Section 17.  Except as otherwise expressly provided in

11  this act and except for this section, which shall take effect

12  upon becoming a law, this act shall take effect October 1,

13  2006.

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CODING: Words stricken are deletions; words underlined are additions.