| 1 | A bill to be entitled |
| 2 | An act relating to the code of ethics for public officers |
| 3 | and employees; amending s. 112.312, F.S.; redefining the |
| 4 | term "agency" and defining the term "quasi-public entity"; |
| 5 | amending s. 112.313, F.S.; applying provisions of the code |
| 6 | of ethics which prohibit conflicting employment or |
| 7 | contractual relationships and limit permissible |
| 8 | representations following termination of office or |
| 9 | employment to owners, officers, and employees of |
| 10 | consultants and contractors for certain entities created |
| 11 | pursuant to law for a public purpose; providing penalties; |
| 12 | providing an effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Subsection (2) of section 112.312, Florida |
| 17 | Statutes, is amended, present subsections (21) through (24) of |
| 18 | that section are renumbered as subsections (22) through (25), |
| 19 | respectively, and a new subsection (21) is added to that section |
| 20 | to read: |
| 21 | 112.312 Definitions.--As used in this part and for |
| 22 | purposes of the provisions of s. 8, Art. II of the State |
| 23 | Constitution, unless the context otherwise requires: |
| 24 | (2) "Agency" means any state, regional, county, local, or |
| 25 | municipal government entity of this state, whether executive, |
| 26 | judicial, or legislative; any department, division, bureau, |
| 27 | commission, authority, or political subdivision of this state |
| 28 | therein; any quasi-public entity; or any public school, |
| 29 | community college, or state university. |
| 30 | (21) "Quasi-public entity" means an entity that is not the |
| 31 | state, a political subdivision of the state, a municipality, or |
| 32 | a department, division, bureau, commission, or authority |
| 33 | subordinate to the state, a political subdivision of the state, |
| 34 | or a municipality and that has been created by a government |
| 35 | entity pursuant to law to accomplish a public purpose. |
| 36 | Section 2. Subsections (7) and (9) of section 112.313, |
| 37 | Florida Statutes, are amended to read: |
| 38 | 112.313 Standards of conduct for public officers, |
| 39 | employees of agencies, and local government attorneys.-- |
| 40 | (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- |
| 41 | (a) No public officer or employee of an agency shall have |
| 42 | or hold any employment or contractual relationship with any |
| 43 | business entity or any agency which is subject to the regulation |
| 44 | of, or is doing business with, an agency of which he or she is |
| 45 | an officer or employee, excluding those organizations and their |
| 46 | officers who, when acting in their official capacity, enter into |
| 47 | or negotiate a collective bargaining contract with the state or |
| 48 | any municipality, county, or other political subdivision of the |
| 49 | state; nor shall an officer or employee of an agency have or |
| 50 | hold any employment or contractual relationship that will create |
| 51 | a continuing or frequently recurring conflict between his or her |
| 52 | private interests and the performance of his or her public |
| 53 | duties or that would impede the full and faithful discharge of |
| 54 | his or her public duties. |
| 55 | 1. When the agency referred to is that certain kind of |
| 56 | special tax district created by general or special law and is |
| 57 | limited specifically to constructing, maintaining, managing, and |
| 58 | financing improvements in the land area over which the agency |
| 59 | has jurisdiction, or when the agency has been organized pursuant |
| 60 | to chapter 298, then employment with, or entering into a |
| 61 | contractual relationship with, such business entity by a public |
| 62 | officer or employee of such agency shall not be prohibited by |
| 63 | this subsection or be deemed a conflict per se. However, conduct |
| 64 | by such officer or employee that is prohibited by, or otherwise |
| 65 | frustrates the intent of, this section shall be deemed a |
| 66 | conflict of interest in violation of the standards of conduct |
| 67 | set forth by this section. |
| 68 | 2. When the agency referred to is a legislative body and |
| 69 | the regulatory power over the business entity resides in another |
| 70 | agency, or when the regulatory power which the legislative body |
| 71 | exercises over the business entity or agency is strictly through |
| 72 | the enactment of laws or ordinances, then employment or a |
| 73 | contractual relationship with such business entity by a public |
| 74 | officer or employee of a legislative body shall not be |
| 75 | prohibited by this subsection or be deemed a conflict. |
| 76 | (b) This subsection shall not prohibit a public officer or |
| 77 | employee from practicing in a particular profession or |
| 78 | occupation when such practice by persons holding such public |
| 79 | office or employment is required or permitted by law or |
| 80 | ordinance. |
| 81 | (c) An owner or officer of an entity that acts as a |
| 82 | consultant or contractor for a quasi-public entity, and any |
| 83 | employee of such consultant or contractor the duties of whose |
| 84 | position are managerial, policymaking, or professional in |
| 85 | nature, is subject to this subsection in the same manner as a |
| 86 | public officer or employee of an agency unless specifically |
| 87 | exempted by statute. |
| 88 | (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR |
| 89 | LEGISLATORS, AND LEGISLATIVE EMPLOYEES, AND OTHER PERSONS.-- |
| 90 | (a)1. It is the intent of the Legislature to implement by |
| 91 | statute the provisions of s. 8(e), Art. II of the State |
| 92 | Constitution relating to legislators, statewide elected |
| 93 | officers, appointed state officers, and designated public |
| 94 | employees. |
| 95 | 2. As used in this paragraph: |
| 96 | a. "Employee" means: |
| 97 | (I) Any person employed in the executive or legislative |
| 98 | branch of government holding a position in the Senior Management |
| 99 | Service as defined in s. 110.402 or any person holding a |
| 100 | position in the Selected Exempt Service as defined in s. 110.602 |
| 101 | or any person having authority over policy or procurement |
| 102 | employed by the Department of the Lottery. |
| 103 | (II) The Auditor General, the director of the Office of |
| 104 | Program Policy Analysis and Government Accountability, the |
| 105 | Sergeant at Arms and Secretary of the Senate, and the Sergeant |
| 106 | at Arms and Clerk of the House of Representatives. |
| 107 | (III) The executive director of the Legislative Committee |
| 108 | on Intergovernmental Relations and the executive director and |
| 109 | deputy executive director of the Commission on Ethics. |
| 110 | (IV) An executive director, staff director, or deputy |
| 111 | staff director of each joint committee, standing committee, or |
| 112 | select committee of the Legislature; an executive director, |
| 113 | staff director, executive assistant, analyst, or attorney of the |
| 114 | Office of the President of the Senate, the Office of the Speaker |
| 115 | of the House of Representatives, the Senate Majority Party |
| 116 | Office, Senate Minority Party Office, House Majority Party |
| 117 | Office, or House Minority Party Office; or any person, hired on |
| 118 | a contractual basis, having the power normally conferred upon |
| 119 | such persons, by whatever title. |
| 120 | (V) The Chancellor and Vice Chancellors of the State |
| 121 | University System; the general counsel to the Board of Regents; |
| 122 | and the president, vice presidents, and deans of each state |
| 123 | university. |
| 124 | (VI) Any person having the power normally conferred upon |
| 125 | the positions referenced in this sub-subparagraph. |
| 126 | (VII) Any employee of a quasi-public entity, the duties of |
| 127 | whose position are managerial, policymaking, or professional in |
| 128 | nature. |
| 129 | b. "Appointed state officer" means any member of an |
| 130 | appointive board, commission, committee, council, or authority |
| 131 | of the executive or legislative branch of state government whose |
| 132 | powers, jurisdiction, and authority are not solely advisory and |
| 133 | include the final determination or adjudication of any personal |
| 134 | or property rights, duties, or obligations, other than those |
| 135 | relative to its internal operations. |
| 136 | c. "State agency" means an entity of the legislative, |
| 137 | executive, or judicial branch of state government over which the |
| 138 | Legislature exercises plenary budgetary and statutory control. |
| 139 | 3. No member of the Legislature, appointed state officer, |
| 140 | or statewide elected officer shall personally represent another |
| 141 | person or entity for compensation before the government body or |
| 142 | agency of which the individual was an officer or member for a |
| 143 | period of 2 years following vacation of office. No member of the |
| 144 | Legislature shall personally represent another person or entity |
| 145 | for compensation during his or her term of office before any |
| 146 | state agency other than judicial tribunals or in settlement |
| 147 | negotiations after the filing of a lawsuit. |
| 148 | 4. No agency employee shall personally represent another |
| 149 | person or entity for compensation before the agency with which |
| 150 | he or she was employed for a period of 2 years following |
| 151 | vacation of position, unless employed by another agency of state |
| 152 | government. |
| 153 | 5. Any person violating this paragraph shall be subject to |
| 154 | the penalties provided in s. 112.317 and a civil penalty of an |
| 155 | amount equal to the compensation which the person receives for |
| 156 | the prohibited conduct. |
| 157 | 6. This paragraph is not applicable to: |
| 158 | a. A person employed by the Legislature or other agency |
| 159 | prior to July 1, 1989; |
| 160 | b. A person who was employed by the Legislature or other |
| 161 | agency on July 1, 1989, whether or not the person was a defined |
| 162 | employee on July 1, 1989; |
| 163 | c. A person who was a defined employee of the State |
| 164 | University System or the Public Service Commission who held such |
| 165 | employment on December 31, 1994; |
| 166 | d. A person who has reached normal retirement age as |
| 167 | defined in s. 121.021(29), and who has retired under the |
| 168 | provisions of chapter 121 by July 1, 1991; or |
| 169 | e. Any appointed state officer whose term of office began |
| 170 | before January 1, 1995, unless reappointed to that office on or |
| 171 | after January 1, 1995. |
| 172 | (b) In addition to the provisions of this part which are |
| 173 | applicable to legislators and legislative employees by virtue of |
| 174 | their being public officers or employees, the conduct of members |
| 175 | of the Legislature and legislative employees shall be governed |
| 176 | by the ethical standards provided in the respective rules of the |
| 177 | Senate or House of Representatives which are not in conflict |
| 178 | herewith. |
| 179 | (c) An owner or officer of an entity that acts as a |
| 180 | consultant or contractor for a quasi-public entity, and any |
| 181 | employee of such consultant or contractor the duties of whose |
| 182 | position are managerial, policymaking, or professional in |
| 183 | nature, is subject to this subsection in the same manner as a |
| 184 | member of the Legislature or an agency employee unless |
| 185 | specifically exempted by statute. |
| 186 | Section 3. This act shall take effect July 1, 2006. |