| 1 | The Ethics & Elections Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the code of ethics for public officers |
| 7 | and employees; amending s. 112.312, F.S.; revising |
| 8 | definitions of the terms "agency" and "corruptly"; |
| 9 | defining the term "quasi-public entity"; amending s. |
| 10 | 112.313, F.S.; applying provisions of the code which |
| 11 | prohibit doing business with one's agency, prohibit |
| 12 | conflicting employment or contractual relationships, and |
| 13 | limit permissible representations following termination of |
| 14 | office or employment to officers and employees of quasi- |
| 15 | public entities; providing penalties; amending s. 112.317, |
| 16 | F.S.; providing specified penalties for quasi-public |
| 17 | officers, former quasi-public officers, and agency |
| 18 | employees; providing for procedure against certain |
| 19 | complaints filed with malicious intent against quasi- |
| 20 | public officers or employees; amending s. 112.324, F.S.; |
| 21 | requiring the Commission on Ethics to report findings on |
| 22 | investigations of quasi-public officers and employees and |
| 23 | former quasi-public officers and employees to the |
| 24 | Governor; providing for severability; providing an |
| 25 | effective date. |
| 26 |
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| 27 | WHEREAS, the people of Florida through Article II, Section |
| 28 | 8 of the Florida Constitution require that individuals holding |
| 29 | offices or employment on behalf of the state do so in public |
| 30 | trust, and |
| 31 | WHEREAS, the Legislature has determined persons in |
| 32 | positions of public trust must meet the highest level of |
| 33 | professionalism and ethical standards and that the law shall |
| 34 | protect against any conflict of interest, and |
| 35 | WHEREAS, officers and employees of quasi-public entities |
| 36 | created for a public purpose must be prohibited from breaching |
| 37 | the public trust for personal gain and must be held to the same |
| 38 | code of ethics as public officers and employees, NOW, THEREFORE, |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. Subsections (2) and (9) of section 112.312, |
| 43 | Florida Statutes, are amended, present subsections (21) through |
| 44 | (24) are renumbered as subsections (22) through (25), |
| 45 | respectively, and a new subsection (21) is added to that |
| 46 | section, to read: |
| 47 | 112.312 Definitions.--As used in this part and for |
| 48 | purposes of the provisions of s. 8, Art. II of the State |
| 49 | Constitution, unless the context otherwise requires: |
| 50 | (2) "Agency" means any state, regional, county, local, or |
| 51 | municipal government entity of this state, whether executive, |
| 52 | judicial, or legislative; any department, division, bureau, |
| 53 | commission, authority, or political subdivision of this state |
| 54 | therein; any quasi-public entity; or any public school, |
| 55 | community college, or state university. |
| 56 | (9) "Corruptly" means done with a wrongful intent and for |
| 57 | the purpose of obtaining, or compensating or receiving |
| 58 | compensation for, any benefit resulting from some act or |
| 59 | omission of a public or quasi-public servant which is |
| 60 | inconsistent with the proper performance of his or her public or |
| 61 | quasi-public duties. |
| 62 | (21) "Quasi-public entity" means an entity that has been |
| 63 | created by a government entity pursuant to law to accomplish a |
| 64 | public purpose and that is not a state or local government |
| 65 | entity. |
| 66 | Section 2. Subsection (3), paragraph (a) of subsection |
| 67 | (7), and paragraph (a) of subsection (9) of section 112.313, |
| 68 | Florida Statutes, are amended to read: |
| 69 | 112.313 Standards of conduct for public officers, |
| 70 | employees of agencies, and local government attorneys.-- |
| 71 | (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of an |
| 72 | agency acting in his or her official capacity as a purchasing |
| 73 | agent, or public officer acting in his or her official capacity, |
| 74 | shall either directly or indirectly purchase, rent, or lease any |
| 75 | realty, goods, or services for his or her own agency from any |
| 76 | business entity of which the officer or employee or the |
| 77 | officer's or employee's spouse or child is an officer, partner, |
| 78 | director, or proprietor or in which such officer or employee or |
| 79 | the officer's or employee's spouse or child, or any combination |
| 80 | of them, has a material interest. Nor shall a public officer or |
| 81 | employee, acting in a private capacity, rent, lease, or sell any |
| 82 | realty, goods, or services to the officer's or employee's own |
| 83 | agency, if he or she is a state or quasi-public entity officer |
| 84 | or employee, or to any political subdivision or any agency |
| 85 | thereof, if he or she is serving as an officer or employee of |
| 86 | that political subdivision. The foregoing shall not apply to |
| 87 | district offices maintained by legislators when such offices are |
| 88 | located in the legislator's place of business or when such |
| 89 | offices are on property wholly or partially owned by the |
| 90 | legislator. This subsection shall not affect or be construed to |
| 91 | prohibit contracts entered into prior to: |
| 92 | (a) October 1, 1975. |
| 93 | (b) Qualification for elective office. |
| 94 | (c) Appointment to public office. |
| 95 | (d) Beginning public employment. |
| 96 | (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- |
| 97 | (a) No public officer or employee of an agency shall have |
| 98 | or hold any employment or contractual relationship with any |
| 99 | business entity or any agency which is subject to the regulation |
| 100 | of, or is doing business with, an agency of which he or she is |
| 101 | an officer or employee, excluding those organizations and their |
| 102 | officers who, when acting in their official capacity, enter into |
| 103 | or negotiate a collective bargaining contract with the state or |
| 104 | any municipality, county, or other political subdivision of the |
| 105 | state; nor shall an officer or employee of an agency have or |
| 106 | hold any employment or contractual relationship that will create |
| 107 | a continuing or frequently recurring conflict between his or her |
| 108 | private interests and the performance of his or her public or |
| 109 | quasi-public duties or that would impede the full and faithful |
| 110 | discharge of his or her public or quasi-public duties. |
| 111 | 1. When the agency referred to is that certain kind of |
| 112 | special tax district created by general or special law and is |
| 113 | limited specifically to constructing, maintaining, managing, and |
| 114 | financing improvements in the land area over which the agency |
| 115 | has jurisdiction, or when the agency has been organized pursuant |
| 116 | to chapter 298, then employment with, or entering into a |
| 117 | contractual relationship with, such business entity by a public |
| 118 | officer or employee of such agency shall not be prohibited by |
| 119 | this subsection or be deemed a conflict per se. However, conduct |
| 120 | by such officer or employee that is prohibited by, or otherwise |
| 121 | frustrates the intent of, this section shall be deemed a |
| 122 | conflict of interest in violation of the standards of conduct |
| 123 | set forth by this section. |
| 124 | 2. When the agency referred to is a legislative body and |
| 125 | the regulatory power over the business entity resides in another |
| 126 | agency, or when the regulatory power which the legislative body |
| 127 | exercises over the business entity or agency is strictly through |
| 128 | the enactment of laws or ordinances, then employment or a |
| 129 | contractual relationship with such business entity by a public |
| 130 | officer or employee of a legislative body shall not be |
| 131 | prohibited by this subsection or be deemed a conflict. |
| 132 | (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR |
| 133 | LEGISLATORS, AND LEGISLATIVE EMPLOYEES, AND OTHER PERSONS.-- |
| 134 | (a)1. It is the intent of the Legislature to implement by |
| 135 | statute the provisions of s. 8(e), Art. II of the State |
| 136 | Constitution relating to legislators, statewide elected |
| 137 | officers, appointed state officers, and designated public |
| 138 | employees. |
| 139 | 2. As used in this paragraph: |
| 140 | a. "Employee" means: |
| 141 | (I) Any person employed in the executive or legislative |
| 142 | branch of government holding a position in the Senior Management |
| 143 | Service as defined in s. 110.402 or any person holding a |
| 144 | position in the Selected Exempt Service as defined in s. 110.602 |
| 145 | or any person having authority over policy or procurement |
| 146 | employed by the Department of the Lottery. |
| 147 | (II) The Auditor General, the director of the Office of |
| 148 | Program Policy Analysis and Government Accountability, the |
| 149 | Sergeant at Arms and Secretary of the Senate, and the Sergeant |
| 150 | at Arms and Clerk of the House of Representatives. |
| 151 | (III) The executive director of the Legislative Committee |
| 152 | on Intergovernmental Relations and the executive director and |
| 153 | deputy executive director of the Commission on Ethics. |
| 154 | (IV) An executive director, staff director, or deputy |
| 155 | staff director of each joint committee, standing committee, or |
| 156 | select committee of the Legislature; an executive director, |
| 157 | staff director, executive assistant, analyst, or attorney of the |
| 158 | Office of the President of the Senate, the Office of the Speaker |
| 159 | of the House of Representatives, the Senate Majority Party |
| 160 | Office, Senate Minority Party Office, House Majority Party |
| 161 | Office, or House Minority Party Office; or any person, hired on |
| 162 | a contractual basis, having the power normally conferred upon |
| 163 | such persons, by whatever title. |
| 164 | (V) The Chancellor and Vice Chancellors of the State |
| 165 | University System; the general counsel to the Board of Regents; |
| 166 | and the president, vice presidents, and deans of each state |
| 167 | university. |
| 168 | (VI) Any person having the power normally conferred upon |
| 169 | the positions referenced in this sub-subparagraph. |
| 170 | b. "Appointed state officer" means any member of an |
| 171 | appointive board, commission, committee, council, or authority |
| 172 | of the executive or legislative branch of state government whose |
| 173 | powers, jurisdiction, and authority are not solely advisory and |
| 174 | include the final determination or adjudication of any personal |
| 175 | or property rights, duties, or obligations, other than those |
| 176 | relative to its internal operations. |
| 177 | c. "State agency" means an entity of the legislative, |
| 178 | executive, or judicial branch of state government over which the |
| 179 | Legislature exercises plenary budgetary and statutory control. |
| 180 | 3. No member of the Legislature, appointed state officer, |
| 181 | or statewide elected officer shall personally represent another |
| 182 | person or entity for compensation before the government body or |
| 183 | agency of which the individual was an officer or member for a |
| 184 | period of 2 years following vacation of office. No member of the |
| 185 | Legislature shall personally represent another person or entity |
| 186 | for compensation during his or her term of office before any |
| 187 | state agency other than judicial tribunals or in settlement |
| 188 | negotiations after the filing of a lawsuit. |
| 189 | 4. No agency employee shall personally represent another |
| 190 | person or entity for compensation before the agency with which |
| 191 | he or she was employed for a period of 2 years following |
| 192 | vacation of position, unless employed by another agency of state |
| 193 | government. |
| 194 | 5. No employee of a quasi-public entity the duties of |
| 195 | whose position are managerial, policymaking, or professional in |
| 196 | nature and no officer of a quasi-public entity shall personally |
| 197 | represent another person or entity for compensation before the |
| 198 | agency with which he or she was employed for a period of 2 years |
| 199 | following vacation of position unless employed by another agency |
| 200 | as defined in s. 112.312(2). |
| 201 | 6.5. Any person violating this paragraph shall be subject |
| 202 | to the penalties provided in s. 112.317 and a civil penalty of |
| 203 | an amount equal to the compensation which the person receives |
| 204 | for the prohibited conduct. |
| 205 | 7.6. This paragraph is not applicable to: |
| 206 | a. A person employed by the Legislature or other agency |
| 207 | prior to July 1, 1989; |
| 208 | b. A person who was employed by the Legislature or other |
| 209 | agency on July 1, 1989, whether or not the person was a defined |
| 210 | employee on July 1, 1989; |
| 211 | c. A person who was a defined employee of the State |
| 212 | University System or the Public Service Commission who held such |
| 213 | employment on December 31, 1994; |
| 214 | d. A person who has reached normal retirement age as |
| 215 | defined in s. 121.021(29), and who has retired under the |
| 216 | provisions of chapter 121 by July 1, 1991; or |
| 217 | e. Any appointed state officer whose term of office began |
| 218 | before January 1, 1995, unless reappointed to that office on or |
| 219 | after January 1, 1995. |
| 220 | f. Any officer or employee of a quasi-public entity whose |
| 221 | term of office or employment began before July 1, 2006, unless |
| 222 | reappointed as an officer to that office on or after July 1, |
| 223 | 2006. |
| 224 | Section 3. Subsections (1) and (8) of section 112.317, |
| 225 | Florida Statutes, are amended to read: |
| 226 | 112.317 Penalties.-- |
| 227 | (1) Violation of any provision of this part, including, |
| 228 | but not limited to, any failure to file any disclosures required |
| 229 | by this part or violation of any standard of conduct imposed by |
| 230 | this part, or violation of any provision of s. 8, Art. II of the |
| 231 | State Constitution, in addition to any criminal penalty or other |
| 232 | civil penalty involved, shall, pursuant to applicable |
| 233 | constitutional and statutory procedures, constitute grounds for, |
| 234 | and may be punished by, one or more of the following: |
| 235 | (a) In the case of a public or quasi-public officer: |
| 236 | 1. Impeachment. |
| 237 | 2. Removal from office. |
| 238 | 3. Suspension from office. |
| 239 | 4. Public censure and reprimand. |
| 240 | 5. Forfeiture of no more than one-third salary per month |
| 241 | for no more than 12 months. |
| 242 | 6. A civil penalty not to exceed $10,000. |
| 243 | 7. Restitution of any pecuniary benefits received because |
| 244 | of the violation committed. |
| 245 | (b) In the case of an employee of an agency or a person |
| 246 | designated as a public officer by this part who otherwise would |
| 247 | be deemed to be an employee: |
| 248 | 1. Dismissal from employment. |
| 249 | 2. Suspension from employment for not more than 90 days |
| 250 | without pay. |
| 251 | 3. Demotion. |
| 252 | 4. Reduction in salary level. |
| 253 | 5. Forfeiture of no more than one-third salary per month |
| 254 | for no more than 12 months. |
| 255 | 6. A civil penalty not to exceed $10,000. |
| 256 | 7. Restitution of any pecuniary benefits received because |
| 257 | of the violation committed. |
| 258 | 8. Public censure and reprimand. |
| 259 | (c) In the case of a candidate who violates the provisions |
| 260 | of this part or s. 8(a) and (i), Art. II of the State |
| 261 | Constitution: |
| 262 | 1. Disqualification from being on the ballot. |
| 263 | 2. Public censure. |
| 264 | 3. Reprimand. |
| 265 | 4. A civil penalty not to exceed $10,000. |
| 266 | (d) In the case of a former public or quasi-public officer |
| 267 | or employee who has violated a provision applicable to former |
| 268 | officers or employees or whose violation occurred prior to such |
| 269 | officer's or employee's leaving public or quasi-public office or |
| 270 | employment: |
| 271 | 1. Public censure and reprimand. |
| 272 | 2. A civil penalty not to exceed $10,000. |
| 273 | 3. Restitution of any pecuniary benefits received because |
| 274 | of the violation committed. |
| 275 | (8) In any case in which the commission determines that a |
| 276 | person has filed a complaint against a public or quasi-public |
| 277 | officer or employee with a malicious intent to injure the |
| 278 | reputation of such officer or employee by filing the complaint |
| 279 | with knowledge that the complaint contains one or more false |
| 280 | allegations or with reckless disregard for whether the complaint |
| 281 | contains false allegations of fact material to a violation of |
| 282 | this part, the complainant shall be liable for costs plus |
| 283 | reasonable attorney's fees incurred in the defense of the person |
| 284 | complained against, including the costs and reasonable |
| 285 | attorney's fees incurred in proving entitlement to and the |
| 286 | amount of costs and fees. If the complainant fails to pay such |
| 287 | costs and fees voluntarily within 30 days following such finding |
| 288 | by the commission, the commission shall forward such information |
| 289 | to the Department of Legal Affairs, which shall bring a civil |
| 290 | action in a court of competent jurisdiction to recover the |
| 291 | amount of such costs and fees awarded by the commission. |
| 292 | Section 4. Paragraph (d) of subsection (8) of section |
| 293 | 112.324, Florida Statutes, is amended to read: |
| 294 | 112.324 Procedures on complaints of violations; public |
| 295 | records and meeting exemptions.-- |
| 296 | (8) If, in cases pertaining to complaints other than |
| 297 | complaints against impeachable officers or members of the |
| 298 | Legislature, upon completion of a full and final investigation |
| 299 | by the commission, the commission finds that there has been a |
| 300 | violation of this part or of s. 8, Art. II of the State |
| 301 | Constitution, it shall be the duty of the commission to report |
| 302 | its findings and recommend appropriate action to the proper |
| 303 | disciplinary official or body as follows, and such official or |
| 304 | body shall have the power to invoke the penalty provisions of |
| 305 | this part, including the power to order the appropriate |
| 306 | elections official to remove a candidate from the ballot for a |
| 307 | violation of s. 112.3145 or s. 8(a) and (i), Art. II of the |
| 308 | State Constitution: |
| 309 | (d) Except as otherwise provided by this part, the |
| 310 | Governor, in the case of any other public or quasi-public |
| 311 | officer, public or quasi-public employee, former public or |
| 312 | quasi-public officer or public employee, candidate, or former |
| 313 | candidate. |
| 314 | Section 5. If any provision of this act or the application |
| 315 | thereof to any individual or circumstance is held invalid, such |
| 316 | invalidity shall not affect other provisions or applications of |
| 317 | this act which can be given effect without the invalid provision |
| 318 | or application, and to this end the provisions of this act are |
| 319 | to be severable. |
| 320 | Section 6. This act shall take effect July 1, 2006. |