HB 493

1
A bill to be entitled
2An act relating to ethics for public officers and
3employees; amending s. 104.31, F.S.; prohibiting employees
4of the state and its political subdivisions from
5participating in a political campaign, for which there are
6penalties; amending s. 112.313, F.S.; prohibiting certain
7disclosures by a former public officer, agency employee,
8or local government attorney, for which there are
9penalties; redefining the term "employee" to include
10certain other-personal-services employees for certain
11postemployment activities; exempting certain agency
12employees from applicability of postemployment
13restrictions; providing an exemption from provisions
14prohibiting conflicts in employment to a person who, after
15serving on an advisory board, files a statement with the
16Commission on Ethics relating to a bid or submission;
17amending s. 112.3144, F.S.; specifying how assets valued
18in excess of a specified amount are to be reported by a
19reporting individual; amending s. 112.3145, F.S.;
20requiring that a delinquency notice be sent to certain
21officeholders by certified mail, return receipt requested;
22amending s. 112.3147, F.S.; deleting provisions relating
23to the reporting of assets valued in excess of a specified
24amount, to conform; amending s. 112.3148, F.S.; providing
25requirements for persons who have left office or
26employment as to filing a report relating to gifts;
27providing requirements relating to the deadline for and
28timeliness of gift reports; amending s. 112.3149, F.S.;
29requiring that a report of honoraria by a person who left
30office or employment be filed by a specified date;
31amending s. 112.317, F.S.; authorizing the commission to
32recommend a restitution penalty be paid to the agency of
33which the public officer was a member or by which the
34public employee was employed or to the General Revenue
35Fund; authorizing the Attorney General to recover costs
36for filing suit to collect penalties and fines; deleting
37provisions imposing a penalty for the disclosure of
38information concerning a complaint or an investigation;
39amending s. 112.3185, F.S.; providing additional standards
40for state agency employees relating to procurement of
41goods and services by a state agency; authorizing an
42employee whose position was eliminated to engage in
43certain contractual activities; prohibiting former
44employees from certain specified activities; amending s.
45112.321, F.S.; prohibiting an individual who qualifies as
46a lobbyist from serving on the commission; prohibiting a
47member of the commission from lobbying any state or local
48governmental entity; providing exceptions for individuals
49who are members of the commission on the effective date of
50the act until the expiration of their current terms;
51amending s. 112.3215, F.S.; requiring the commission to
52adopt a rule detailing the grounds for waiving a fine and
53the procedures to be followed when a lobbyist fails to
54timely file his or her report; requiring automatic
55suspension of a lobbyist's registration if the fine is not
56timely paid; requiring the commission to provide written
57notice to any lobbyist whose registration is automatically
58suspended; amending s. 112.322, F.S.; authorizing travel
59and per diem expenses for certain witnesses; amending s.
60914.21, F.S.; redefining the terms "official
61investigation" and "official proceeding," for purposes of
62provisions relating to tampering with witnesses, to
63include an investigation by the commission; providing an
64effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Present subsections (2) and (3) of section
69104.31, Florida Statutes, are renumbered as subsections (3) and
70(4), respectively, and a new subsection (2) is added to that
71section to read:
72     104.31  Political activities of state, county, and
73municipal officers and employees.--
74     (2)  An employee of the state or any political subdivision
75may not participate in any political campaign for an elective
76office while on duty.
77     Section 2.  Subsection (8), paragraph (a) of subsection
78(9), paragraph (b) of subsection (12), and subsection (14) of
79section 112.313, Florida Statutes, are amended to read:
80     112.313  Standards of conduct for public officers,
81employees of agencies, and local government attorneys.--
82     (8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
83or former public officer, employee of an agency, or local
84government attorney shall disclose or use information not
85available to members of the general public and gained by reason
86of his or her official position, except for information relating
87exclusively to governmental practices, for his or her personal
88gain or benefit or for the personal gain or benefit of any other
89person or business entity.
90     (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
91LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
92     (a)1.  It is the intent of the Legislature to implement by
93statute the provisions of s. 8(e), Art. II of the State
94Constitution relating to legislators, statewide elected
95officers, appointed state officers, and designated public
96employees.
97     2.  As used in this paragraph:
98     a.  "Employee" means:
99     (I)  Any person employed in the executive or legislative
100branch of government holding a position in the Senior Management
101Service as defined in s. 110.402 or any person holding a
102position in the Selected Exempt Service as defined in s. 110.602
103or any person having authority over policy or procurement
104employed by the Department of the Lottery.
105     (II)  The Auditor General, the director of the Office of
106Program Policy Analysis and Government Accountability, the
107Sergeant at Arms and Secretary of the Senate, and the Sergeant
108at Arms and Clerk of the House of Representatives.
109     (III)  The executive director of the Legislative Committee
110on Intergovernmental Relations and the executive director and
111deputy executive director of the Commission on Ethics.
112     (IV)  An executive director, staff director, or deputy
113staff director of each joint committee, standing committee, or
114select committee of the Legislature; an executive director,
115staff director, executive assistant, analyst, or attorney of the
116Office of the President of the Senate, the Office of the Speaker
117of the House of Representatives, the Senate Majority Party
118Office, Senate Minority Party Office, House Majority Party
119Office, or House Minority Party Office; or any person, hired on
120a contractual basis, having the power normally conferred upon
121such persons, by whatever title.
122     (V)  The Chancellor and Vice Chancellors of the State
123University System; the general counsel to the Board of Regents;
124and the president, vice presidents, and deans of each state
125university.
126     (VI)  Any person, including an other-personal-services
127employee, having the power normally conferred upon the positions
128referenced in this sub-subparagraph.
129     b.  "Appointed state officer" means any member of an
130appointive board, commission, committee, council, or authority
131of the executive or legislative branch of state government whose
132powers, jurisdiction, and authority are not solely advisory and
133include the final determination or adjudication of any personal
134or property rights, duties, or obligations, other than those
135relative to its internal operations.
136     c.  "State agency" means an entity of the legislative,
137executive, or judicial branch of state government over which the
138Legislature exercises plenary budgetary and statutory control.
139     3.  No member of the Legislature, appointed state officer,
140or statewide elected officer shall personally represent another
141person or entity for compensation before the government body or
142agency of which the individual was an officer or member for a
143period of 2 years following vacation of office. No member of the
144Legislature shall personally represent another person or entity
145for compensation during his or her term of office before any
146state agency other than judicial tribunals or in settlement
147negotiations after the filing of a lawsuit.
148     4.  No agency employee shall personally represent another
149person or entity for compensation before the agency with which
150he or she was employed for a period of 2 years following
151vacation of position, unless employed by another agency of state
152government.
153     5.  Any person violating this paragraph shall be subject to
154the penalties provided in s. 112.317 and a civil penalty of an
155amount equal to the compensation which the person receives for
156the prohibited conduct.
157     6.  This paragraph is not applicable to:
158     a.  A person employed by the Legislature or other agency
159prior to July 1, 1989;
160     b.  A person who was employed by the Legislature or other
161agency on July 1, 1989, whether or not the person was a defined
162employee on July 1, 1989;
163     c.  A person who was a defined employee of the State
164University System or the Public Service Commission who held such
165employment on December 31, 1994;
166     d.  A person who has reached normal retirement age as
167defined in s. 121.021(29), and who has retired under the
168provisions of chapter 121 by July 1, 1991; or
169     e.  Any appointed state officer whose term of office began
170before January 1, 1995, unless reappointed to that office on or
171after January 1, 1995; or.
172     f.  An agency employee who continuously has held a position
173that was transferred from the Career Service System to the
174Selected Exempt Service System under chapter 2001-43, Laws of
175Florida, until leaving state employment.
176     (12)  EXEMPTION.--The requirements of subsections (3) and
177(7) as they pertain to persons serving on advisory boards may be
178waived in a particular instance by the body which appointed the
179person to the advisory board, upon a full disclosure of the
180transaction or relationship to the appointing body prior to the
181waiver and an affirmative vote in favor of waiver by two-thirds
182vote of that body. In instances in which appointment to the
183advisory board is made by an individual, waiver may be effected,
184after public hearing, by a determination by the appointing
185person and full disclosure of the transaction or relationship by
186the appointee to the appointing person. In addition, no person
187shall be held in violation of subsection (3) or subsection (7)
188if:
189     (b)  The business is awarded under a system of sealed,
190competitive bidding to the lowest or best bidder and:
191     1.  The official or the official's spouse or child has in
192no way participated in the determination of the bid
193specifications or the determination of the lowest or best
194bidder;
195     2.  The official or the official's spouse or child has in
196no way used or attempted to use the official's influence to
197persuade the agency or any personnel thereof to enter such a
198contract other than by the mere submission of the bid; and
199     3.  The official, prior to or at the time of the submission
200of the bid, has filed a statement with the Commission on Ethics
201Department of State, if the official is a state officer or
202employee, or with the supervisor of elections of the county in
203which the agency has its principal office, if the official is an
204officer or employee of a political subdivision, disclosing the
205official's interest, or the interest of the official's spouse or
206child, and the nature of the intended business.
207     (14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
208person who has been elected to any county, municipal, special
209district, or school district office may not personally represent
210another person or entity for compensation before the government
211governing body or agency of which the person was an officer for
212a period of 2 years after vacating that office.
213     Section 3.  Present subsections (4), (5), and (6) of
214section 112.3144, Florida Statutes, are renumbered as
215subsections (5), (6), and (7), respectively, paragraph (g) of
216present subsection (4) is amended, and a new subsection (4) is
217added to that section, to read:
218     112.3144  Full and public disclosure of financial
219interests.--
220     (4)(a)  With respect to reporting, on forms prescribed
221under this section, assets valued in excess of $1,000 that the
222reporting individual holds jointly with another person, the
223amount reported shall be based on the reporting individual's
224legal percentage of ownership in the property. However, assets
225that are held jointly with right of survivorship must be
226reported at 100 percent of the value of the asset. For purposes
227of this subsection, a reporting individual is deemed to own a
228percentage of a partnership that is equal to the reporting
229individual's interest in the capital or equity of the
230partnership.
231     (b)1.  With respect to reporting, on forms prescribed under
232this section, liabilities valued in excess of $1,000 for which
233the reporting individual is jointly and severally liable, the
234amount reported shall be based on the reporting individual's
235percentage of liability rather than the total amount of the
236liability. However, liability for a debt that is secured by
237property owned by the reporting individual but that is held
238jointly with right of survivorship must be reported at 100
239percent of the total amount owed.
240     2.  A separate section of the form shall be created to
241provide for the reporting of the amounts of joint and several
242liability of the reporting individual not otherwise reported in
243subparagraph 1.
244     (5)(4)  Forms for compliance with the full and public
245disclosure requirements of s. 8, Art. II of the State
246Constitution shall be created by the Commission on Ethics. The
247commission shall give notice of disclosure deadlines and
248delinquencies and distribute forms in the following manner:
249     (g)  The notification requirements and fines of this
250subsection do not apply to candidates or to the first filing
251required of any person appointed to elective constitutional
252office or other position required to file full and public
253disclosure, unless the person's name is on the commission's
254notification list and the person received notification from the
255commission. The appointing official shall notify such newly
256appointed person of the obligation to file full and public
257disclosure by July 1. The notification requirements and fines of
258this subsection do not apply to the final filing provided for in
259subsection (6)(5).
260     Section 4.  Paragraph (c) of subsection (6) of section
261112.3145, Florida Statutes, is amended to read:
262     112.3145  Disclosure of financial interests and clients
263represented before agencies.--
264     (6)  Forms for compliance with the disclosure requirements
265of this section and a current list of persons subject to
266disclosure shall be created by the commission and provided to
267each supervisor of elections. The commission and each supervisor
268of elections shall give notice of disclosure deadlines and
269delinquencies and distribute forms in the following manner:
270     (c)  Not later than 30 days after July 1 of each year, the
271commission and each supervisor of elections shall determine
272which persons required to file a statement of financial
273interests in their respective offices have failed to do so and
274shall send delinquency notices by certified mail, return receipt
275requested, to these such persons. Each notice shall state that a
276grace period is in effect until September 1 of the current year;
277that no investigative or disciplinary action based upon the
278delinquency will be taken by the agency head or commission if
279the statement is filed by September 1 of the current year; that,
280if the statement is not filed by September 1 of the current
281year, a fine of $25 for each day late will be imposed, up to a
282maximum penalty of $1,500; for notices sent by a supervisor of
283elections, that he or she is required by law to notify the
284commission of the delinquency; and that, if upon the filing of a
285sworn complaint the commission finds that the person has failed
286to timely file the statement within 60 days after September 1 of
287the current year, such person will also be subject to the
288penalties provided in s. 112.317.
289     Section 5.  Section 112.3147, Florida Statutes, is amended
290to read:
291     112.3147  Forms.--
292     (1)  All information required to be furnished by ss.
293112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
294and by s. 8, Art. II of the State Constitution shall be on forms
295prescribed by the Commission on Ethics.
296     (2)(a)  With respect to reporting assets valued in excess
297of $1,000 on forms prescribed pursuant to s. 112.3144 which the
298reporting individual holds jointly with another person, the
299amount reported shall be based on the reporting individual's
300legal percentage of ownership in the property, except that
301assets held jointly with the reporting individual's spouse shall
302be reported at 100 percent of the value of the asset. For
303purposes of this subsection, a reporting individual is deemed to
304own an interest in a partnership which corresponds to the
305reporting individual's interest in the capital or equity of the
306partnership.
307     (b)1.  With respect to reporting liabilities valued in
308excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
309which the reporting individual is jointly and severally liable,
310the amount reported shall be based upon the reporting
311individual's percentage of liability rather than the total
312amount of the liability, except, a joint and several liability
313with the reporting individual's spouse for a debt which relates
314to property owned by both as tenants by the entirety shall be
315reported at 100 percent of the total amount owed.
316     2.  A separate section of the form shall be created to
317provide for the reporting of the amounts of joint and several
318liability of the reporting individual not otherwise reported in
319paragraph (a).
320     Section 6.  Paragraph (d) of subsection (6) and subsection
321(8) of section 112.3148, Florida Statutes, are amended to read:
322     112.3148  Reporting and prohibited receipt of gifts by
323individuals filing full or limited public disclosure of
324financial interests and by procurement employees.--
325     (6)
326     (d)  No later than July 1 of each year, each reporting
327individual or procurement employee shall file a statement
328listing each gift having a value in excess of $100 received by
329the reporting individual or procurement employee, either
330directly or indirectly, from a governmental entity or a direct-
331support organization specifically authorized by law to support a
332governmental entity. The statement shall list the name of the
333person providing the gift, a description of the gift, the date
334or dates on which the gift was given, and the value of the total
335gifts given during the calendar year for which the report is
336made. The reporting individual or procurement employee shall
337attach to the such statement any report received by him or her
338in accordance with paragraph (c), which report shall become a
339public record when filed with the statement of the reporting
340individual or procurement employee. The reporting individual or
341procurement employee may explain any differences between the
342report of the reporting individual or procurement employee and
343the attached reports. The annual report filed by a reporting
344individual shall be filed with the financial disclosure
345statement required by either s. 8, Art. II of the State
346Constitution or s. 112.3145, as applicable to the reporting
347individual. The annual report filed by a procurement employee
348shall be filed with the Commission on Ethics. The report filed
349by a reporting individual or procurement employee who left
350office or employment during the calendar year covered by the
351report shall be filed by July 1 of the year after leaving office
352or employment at the same location as his or her final financial
353disclosure statement or, in the case of a former procurement
354employee, with the Commission on Ethics.
355     (8)(a)  Each reporting individual or procurement employee
356shall file a statement with the Commission on Ethics not later
357than on the last day of each calendar quarter, for the previous
358calendar quarter, containing a list of gifts which he or she
359believes to be in excess of $100 in value, if any, accepted by
360him or her, for which compensation was not provided by the donee
361to the donor within 90 days of receipt of the gift to reduce the
362value to $100 or less, except the following:
363     1.  Gifts from relatives.
364     2.  Gifts prohibited by subsection (4) or s. 112.313(4).
365     3.  Gifts otherwise required to be disclosed by this
366section.
367     (b)  The statement shall include:
368     1.  A description of the gift, the monetary value of the
369gift, the name and address of the person making the gift, and
370the dates thereof. If any of these facts, other than the gift
371description, are unknown or not applicable, the report shall so
372state.
373     2.  A copy of any receipt for such gift provided to the
374reporting individual or procurement employee by the donor.
375     (c)  The statement may include an explanation of any
376differences between the reporting individual's or procurement
377employee's statement and the receipt provided by the donor.
378     (d)  The reporting individual's or procurement employee's
379statement shall be sworn to by such person as being a true,
380accurate, and total listing of all such gifts.
381     (e)  Statements must be filed not later than 5 p.m. on the
382due date. However, any statement that is postmarked by the
383United States Postal Service by midnight on the due date is
384deemed to have been filed in a timely manner, and a certificate
385of mailing obtained from and dated by the United States Postal
386Service at the time of the mailing, or a receipt from an
387established courier company that bears a date on or before the
388due date, constitutes proof of mailing in a timely manner.
389     (f)(e)  If a reporting individual or procurement employee
390has not received any gifts described in paragraph (a) during a
391calendar quarter, he or she is not required to file a statement
392under this subsection for that calendar quarter.
393     Section 7.  Subsection (6) of section 112.3149, Florida
394Statutes, is amended to read:
395     112.3149  Solicitation and disclosure of honoraria.--
396     (6)  A reporting individual or procurement employee who
397receives payment or provision of expenses related to any
398honorarium event from a person who is prohibited by subsection
399(4) from paying an honorarium to a reporting individual or
400procurement employee shall publicly disclose on an annual
401statement the name, address, and affiliation of the person
402paying or providing the expenses; the amount of the honorarium
403expenses; the date of the honorarium event; a description of the
404expenses paid or provided on each day of the honorarium event;
405and the total value of the expenses provided to the reporting
406individual or procurement employee in connection with the
407honorarium event. The annual statement of honorarium expenses
408shall be filed by July 1 of each year for those such expenses
409received during the previous calendar year. The reporting
410individual or procurement employee shall attach to the annual
411statement a copy of each statement received by him or her in
412accordance with subsection (5) regarding honorarium expenses
413paid or provided during the calendar year for which the annual
414statement is filed. The Such attached statement shall become a
415public record upon the filing of the annual report. The annual
416statement of a reporting individual shall be filed with the
417financial disclosure statement required by either s. 8, Art. II
418of the State Constitution or s. 112.3145, as applicable to the
419reporting individual. The annual statement of a procurement
420employee shall be filed with the Commission on Ethics. The
421statement filed by a reporting individual or procurement
422employee who left office or employment during the calendar year
423covered by the statement shall be filed by July 1 of the year
424after leaving office or employment at the same location as his
425or her final financial disclosure statement or, in the case of a
426former procurement employee, with the Commission on Ethics.
427     Section 8.  Subsections (1), (2), (6), (7), and (8) of
428section 112.317, Florida Statutes, are amended to read:
429     112.317  Penalties.--
430     (1)  Violation of any provision of this part, including,
431but not limited to, any failure to file any disclosures required
432by this part or violation of any standard of conduct imposed by
433this part, or violation of any provision of s. 8, Art. II of the
434State Constitution, in addition to any criminal penalty or other
435civil penalty involved, shall, under pursuant to applicable
436constitutional and statutory procedures, constitute grounds for,
437and may be punished by, one or more of the following:
438     (a)  In the case of a public officer:
439     1.  Impeachment.
440     2.  Removal from office.
441     3.  Suspension from office.
442     4.  Public censure and reprimand.
443     5.  Forfeiture of no more than one-third salary per month
444for no more than 12 months.
445     6.  A civil penalty not to exceed $10,000.
446     7.  Restitution of any pecuniary benefits received because
447of the violation committed. The commission may recommend that
448the restitution penalty be paid to the agency of which the
449public officer was a member or to the General Revenue Fund.
450     (b)  In the case of an employee or a person designated as a
451public officer by this part who otherwise would be deemed to be
452an employee:
453     1.  Dismissal from employment.
454     2.  Suspension from employment for not more than 90 days
455without pay.
456     3.  Demotion.
457     4.  Reduction in salary level.
458     5.  Forfeiture of no more than one-third salary per month
459for no more than 12 months.
460     6.  A civil penalty not to exceed $10,000.
461     7.  Restitution of any pecuniary benefits received because
462of the violation committed. The commission may recommend that
463the restitution penalty be paid to the agency by which the
464public employee was employed, or of which the officer was deemed
465to be an employee, or to the General Revenue Fund.
466     8.  Public censure and reprimand.
467     (c)  In the case of a candidate who violates the provisions
468of this part or s. 8(a) and (i), Art. II of the State
469Constitution:
470     1.  Disqualification from being on the ballot.
471     2.  Public censure.
472     3.  Reprimand.
473     4.  A civil penalty not to exceed $10,000.
474     (d)  In the case of a former public officer or employee who
475has violated a provision applicable to former officers or
476employees or whose violation occurred before the prior to such
477officer's or employee's leaving public office or employment:
478     1.  Public censure and reprimand.
479     2.  A civil penalty not to exceed $10,000.
480     3.  Restitution of any pecuniary benefits received because
481of the violation committed. The commission may recommend that
482the restitution penalty be paid to the agency by which the
483public employee was employed, or of which the officer was deemed
484to be an employee, or to the General Revenue Fund.
485     (2)  In any case in which the commission finds a violation
486of this part or of s. 8, Art. II of the State Constitution and
487the proper disciplinary official or body under s. 112.324
488imposes recommends a civil penalty or restitution penalty, the
489Attorney General shall bring a civil action to recover such
490penalty. No defense may be raised in the civil action to enforce
491the civil penalty or order of restitution that could have been
492raised by judicial review of the administrative findings and
493recommendations of the commission by certiorari to the district
494court of appeal. The Attorney General shall collect any costs,
495attorney's fees, expert witness fees, or other costs of
496collection incurred in bringing the action.
497     (6)  Any person who willfully discloses, or permits to be
498disclosed, his or her intention to file a complaint, the
499existence or contents of a complaint which has been filed with
500the commission, or any document, action, or proceeding in
501connection with a confidential preliminary investigation of the
502commission, before such complaint, document, action, or
503proceeding becomes a public record as provided herein commits a
504misdemeanor of the first degree, punishable as provided in s.
505775.082 or s. 775.083.
506     (6)(7)  In any case in which the commission finds probable
507cause to believe that a complainant has committed perjury in
508regard to any document filed with, or any testimony given
509before, the commission, it shall refer such evidence to the
510appropriate law enforcement agency for prosecution and taxation
511of costs.
512     (7)(8)  In any case in which the commission determines that
513a person has filed a complaint against a public officer or
514employee with a malicious intent to injure the reputation of
515such officer or employee by filing the complaint with knowledge
516that the complaint contains one or more false allegations or
517with reckless disregard for whether the complaint contains false
518allegations of fact material to a violation of this part, the
519complainant shall be liable for costs plus reasonable attorney's
520fees incurred in the defense of the person complained against,
521including the costs and reasonable attorney's fees incurred in
522proving entitlement to and the amount of costs and fees. If the
523complainant fails to pay such costs and fees voluntarily within
52430 days following such finding by the commission, the commission
525shall forward such information to the Department of Legal
526Affairs, which shall bring a civil action in a court of
527competent jurisdiction to recover the amount of such costs and
528fees awarded by the commission.
529     Section 9.  Section 112.3185, Florida Statutes, is amended
530to read:
531     112.3185  Additional standards for state agency employees
532Contractual services.--
533     (1)  For the purposes of this section:
534     (a)  "Contractual services" shall be defined as set forth
535in chapter 287.
536     (b)  "Agency" means any state officer, department, board,
537commission, or council of the executive or judicial branch of
538state government and includes the Public Service Commission.
539     (2)  No agency employee who participates through decision,
540approval, disapproval, recommendation, preparation of any part
541of a purchase request, influencing the content of any
542specification or procurement standard, rendering of advice,
543investigation, or auditing or in any other advisory capacity in
544the procurement of contractual services shall become or be,
545while an agency employee, the employee of a person contracting
546with the agency by whom the employee is employed.
547     (3)  No agency employee shall, after retirement or
548termination, have or hold any employment or contractual
549relationship with any business entity other than an agency in
550connection with any contract in which the agency employee
551participated personally and substantially through decision,
552approval, disapproval, recommendation, rendering of advice, or
553investigation while an officer or employee. When the agency
554employee's position is eliminated and his or her duties are
555performed by the business entity, this subsection does not
556prohibit his or her employment or contractual relationship with
557the business entity if the employee's participation in the
558contract was limited to recommendation, rendering of advice, or
559investigation and if the agency head determines that the best
560interests of the state will be served thereby and provides prior
561written approval for the particular employee.
562     (4)  No agency employee shall, within 2 years after
563retirement or termination, have or hold any employment or
564contractual relationship with any business entity other than an
565agency in connection with any contract for contractual services
566which was within his or her responsibility while an employee. If
567the agency employee's position is eliminated and his or her
568duties are performed by the business entity, the provisions of
569this subsection may be waived by the agency head through prior
570written approval for a particular employee if the agency head
571determines that the best interests of the state will be served
572thereby.
573     (5)  The sum of money paid to a former agency employee
574during the first year after the cessation of his or her
575responsibilities, by the agency with whom he or she was
576employed, for contractual services provided to the agency, shall
577not exceed the annual salary received on the date of cessation
578of his or her responsibilities. The provisions of This
579subsection may be waived by the agency head for a particular
580contract if the agency head determines that such waiver will
581result in significant time or cost savings for the state.
582     (6)  No agency employee shall, after retirement or
583termination, represent or advise for compensation another person
584or entity, except the state, in any matter in which the employee
585participated personally and substantially in his or her official
586capacity through decision, approval, disapproval,
587recommendation, rendering of advice, investigation, or otherwise
588while an employee. The term "matter" includes any judicial or
589other proceeding, application, request for a ruling, or other
590determination, contract, claim, controversy, investigation,
591charge, accusation, arrest, or other particular action involving
592a specific party or parties.
593     (7)(6)  No agency employee acting in an official capacity
594shall directly or indirectly procure contractual services for
595his or her own agency from any business entity of which a
596relative is an officer, partner, director, or proprietor or in
597which the such officer or employee or his or her spouse or
598child, or any combination of them, has a material interest.
599     (8)(7)  A violation of any provision of this section is
600punishable in accordance with s. 112.317.
601     (9)(8)  This section is not applicable to any employee of
602the Public Service Commission who was so employed on or before
603December 31, 1994.
604     Section 10.  Subsection (1) of section 112.321, Florida
605Statutes, is amended to read:
606     112.321  Membership, terms; travel expenses; staff.--
607     (1)  The commission shall be composed of nine members. Five
608of these members shall be appointed by the Governor, no more
609than three of whom shall be from the same political party,
610subject to confirmation by the Senate. One member appointed by
611the Governor shall be a former city or county official and may
612be a former member of a local planning or zoning board which has
613only advisory duties. Two members shall be appointed by the
614Speaker of the House of Representatives, and two members shall
615be appointed by the President of the Senate. Neither the Speaker
616of the House of Representatives nor the President of the Senate
617shall appoint more than one member from the same political
618party. Of the nine members of the commission, no more than five
619members shall be from the same political party at any one time.
620No member may hold any public employment. An individual who
621qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
622pursuant to any local government charter or ordinance may not
623serve as a member of the commission, except that this
624prohibition does not apply to an individual who is a member of
625the commission on October 1, 2006, until the expiration of his
626or her current term. A member of the commission may not lobby
627any state or local governmental entity as provided in s. 11.045
628or s. 112.3215 or as provided by any local government charter or
629ordinance, except that this prohibition does not apply to an
630individual who is a member of the commission on October 1, 2006,
631until the expiration of his or her current term. All members
632shall serve 2-year terms. No member shall serve more than two
633full terms in succession. Any member of the commission may be
634removed for cause by majority vote of the Governor, the
635President of the Senate, the Speaker of the House of
636Representatives, and the Chief Justice of the Supreme Court.
637     Section 11.  Paragraph (f) of subsection (5) of section
638112.3215, Florida Statutes, is amended to read:
639     112.3215  Lobbyists before the executive branch or the
640Constitution Revision Commission; registration and reporting;
641investigation by commission.--
642     (5)
643     (f)  The commission shall provide by rule the grounds for
644waiving a fine, the procedures a procedure by which a lobbyist
645who fails to timely file a report shall be notified and assessed
646fines, and the procedure for appealing the fines. The rule shall
647provide for the following:
648     1.  Upon determining that the report is late, the person
649designated to review the timeliness of reports shall immediately
650notify the lobbyist as to the failure to timely file the report
651and that a fine is being assessed for each late day. The fine
652shall be $50 per day per report for each late day up to a
653maximum of $5,000 per late report.
654     2.  Upon receipt of the report, the person designated to
655review the timeliness of reports shall determine the amount of
656the fine due based upon the earliest of the following:
657     a.  When a report is actually received by the lobbyist
658registration and reporting office.
659     b.  When the report is postmarked.
660     c.  When the certificate of mailing is dated.
661     d.  When the receipt from an established courier company is
662dated.
663     3.  Such fine shall be paid within 30 days after the notice
664of payment due is transmitted by the Lobbyist Registration
665Office, unless appeal is made to the commission. The moneys
666shall be deposited into the Executive Branch Lobby Registration
667Trust Fund.
668     4.  A fine shall not be assessed against a lobbyist the
669first time any reports for which the lobbyist is responsible are
670not timely filed. However, to receive the one-time fine waiver,
671all reports for which the lobbyist is responsible must be filed
672within 30 days after the notice that any reports have not been
673timely filed is transmitted by the Lobbyist Registration Office.
674A fine shall be assessed for any subsequent late-filed reports.
675     5.  Any lobbyist may appeal or dispute a fine, based upon
676unusual circumstances surrounding the failure to file on the
677designated due date, and may request and shall be entitled to a
678hearing before the commission, which shall have the authority to
679waive the fine in whole or in part for good cause shown. Any
680such request shall be made within 30 days after the notice of
681payment due is transmitted by the Lobbyist Registration Office.
682In such case, the lobbyist shall, within the 30-day period,
683notify the person designated to review the timeliness of reports
684in writing of his or her intention to bring the matter before
685the commission.
686     6.  The person designated to review the timeliness of
687reports shall notify the commission of the failure of a lobbyist
688to file a report after notice or of the failure of a lobbyist to
689pay the fine imposed. The registration of a lobbyist who fails
690to timely pay a fine is automatically suspended until the fine
691is paid, unless an appeal of the fine is pending before the
692commission. The commission shall provide a written suspension
693notice to each lobbyist whose registration has been
694automatically suspended.
695     7.  Notwithstanding any provision of chapter 120, any fine
696imposed under this subsection that is not waived by final order
697of the commission and that remains unpaid more than 60 days
698after the notice of payment due or more than 60 days after the
699commission renders a final order on the lobbyist's appeal shall
700be collected by the Department of Financial Services as a claim,
701debt, or other obligation owed to the state, and the department
702may assign the collection of such fine to a collection agent as
703provided in s. 17.20.
704     Section 12.  Subsection (4) of section 112.322, Florida
705Statutes, is amended to read:
706     112.322  Duties and powers of commission.--
707     (4)  The commission has the power to subpoena, audit, and
708investigate. The commission may subpoena witnesses and compel
709their attendance and testimony, administer oaths and
710affirmations, take evidence, and require by subpoena the
711production of any books, papers, records, or other items
712relevant to the performance of the duties of the commission or
713to the exercise of its powers. The commission may delegate to
714its investigators the authority to administer oaths and
715affirmations. The commission may delegate the authority to issue
716subpoenas to its chair, and may authorize its employees to serve
717any subpoena issued under this section. In the case of a refusal
718to obey a subpoena issued to any person, the commission may make
719application to any circuit court of this state which shall have
720jurisdiction to order the witness to appear before the
721commission and to produce evidence, if so ordered, or to give
722testimony touching on the matter in question. Failure to obey
723the order may be punished by the court as contempt. Witnesses
724shall be paid mileage and witnesses fees as authorized for
725witnesses in civil cases, except that a witness who is required
726to travel outside the county of his or her residence to testify
727is entitled to per diem and travel expenses at the same rate
728provided for state employees under s. 112.061, to be paid after
729the witness appears.
730     Section 13.  Subsections (3) and (4) of section 914.21,
731Florida Statutes, are amended to read:
732     914.21  Definitions.--As used in ss. 914.22-914.24, the
733term:
734     (3)  "Official investigation" means any investigation
735instituted by a law enforcement agency or prosecuting officer of
736the state or a political subdivision of the state or the
737Commission on Ethics.
738     (4)  "Official proceeding" means:
739     (a)  A proceeding before a judge or court or a grand jury;
740     (b)  A proceeding before the Legislature; or
741     (c)  A proceeding before a federal agency which is
742authorized by law; or.
743     (d)  A proceeding before the Commission on Ethics.
744     Section 14.  This act shall take effect October 1, 2006.


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