HB 0493

CS

CHAMBER ACTION

1	The Ethics & Elections Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to ethics for public officers and
7	employees; amending s. 104.31, F.S.; prohibiting employees
8	of the state and its political subdivisions from
9	participating in a political campaign, for which there are
10	penalties; amending s. 112.313, F.S.; prohibiting certain
11	disclosures by a former public officer, agency employee,
12	or local government attorney, for which there are
13	penalties; redefining the term "employee" to include
14	certain other-personal-services employees for certain
15	postemployment activities; exempting certain agency
16	employees from applicability of postemployment
17	restrictions; providing an exemption from provisions
18	prohibiting conflicts in employment to a person who, after
19	serving on an advisory board, files a statement with the
20	Commission on Ethics relating to a bid or submission;
21	amending s. 112.3144, F.S.; specifying how assets valued
22	in excess of a specified amount are to be reported by a
23	reporting individual; amending s. 112.3145, F.S.;
24	requiring that a delinquency notice be sent to certain
25	officeholders by certified mail, return receipt requested;
26	amending s. 112.3147, F.S.; deleting provisions relating
27	to the reporting of assets valued in excess of a specified
28	amount, to conform; amending s. 112.3148, F.S.; providing
29	requirements for persons who have left office or
30	employment as to filing a report relating to gifts;
31	providing requirements relating to the deadline for and
32	timeliness of gift reports; amending s. 112.3149, F.S.;
33	requiring that a report of honoraria by a person who left
34	office or employment be filed by a specified date;
35	amending s. 112.317, F.S.; authorizing the commission to
36	recommend a restitution penalty be paid to the agency of
37	which the public officer was a member or by which the
38	public employee was employed or to the General Revenue
39	Fund; authorizing the Attorney General to recover costs
40	for filing suit to collect penalties and fines; deleting
41	provisions imposing a penalty for the disclosure of
42	information concerning a complaint or an investigation;
43	amending s. 112.3185, F.S.; providing additional standards
44	for state agency employees relating to procurement of
45	goods and services by a state agency; authorizing an
46	employee whose position was eliminated to engage in
47	certain contractual activities; prohibiting former
48	employees from certain specified activities; amending s.
49	112.321, F.S.; prohibiting an individual who qualifies as
50	a lobbyist from serving on the commission; prohibiting a
51	member of the commission from lobbying any state or local
52	governmental entity; providing exceptions for individuals
53	who are members of the commission on the effective date of
54	the act until the expiration of their current terms;
55	amending s. 112.3215, F.S.; requiring the commission to
56	adopt a rule detailing the grounds for waiving a fine and
57	the procedures to be followed when a lobbyist fails to
58	timely file his or her report; requiring automatic
59	suspension of certain lobbyist registrations if the fine
60	is not timely paid; requiring the commission to provide
61	written notice to any lobbyist whose registration is
62	automatically suspended; amending s. 112.322, F.S.;
63	authorizing travel and per diem expenses for certain
64	witnesses; amending s. 914.21, F.S.; redefining the terms
65	"official investigation" and "official proceeding," for
66	purposes of provisions relating to tampering with
67	witnesses, to include an investigation by the commission;
68	providing an effective date.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  Present subsections (2) and (3) of section
73	104.31, Florida Statutes, are renumbered as subsections (3) and
74	(4), respectively, and a new subsection (2) is added to that
75	section to read:
76	104.31  Political activities of state, county, and
77	municipal officers and employees.--
78	(2)  An employee of the state or any political subdivision
79	may not participate in any political campaign for an elective
80	office while on duty.
81	Section 2.  Subsection (8), paragraph (a) of subsection
82	(9), paragraph (b) of subsection (12), and subsection (14) of
83	section 112.313, Florida Statutes, are amended to read:
84	112.313  Standards of conduct for public officers,
85	employees of agencies, and local government attorneys.--
86	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
87	or former public officer, employee of an agency, or local
88	government attorney shall disclose or use information not
89	available to members of the general public and gained by reason
90	of his or her official position, except for information relating
91	exclusively to governmental practices, for his or her personal
92	gain or benefit or for the personal gain or benefit of any other
93	person or business entity.
94	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
95	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
96	(a)1.  It is the intent of the Legislature to implement by
97	statute the provisions of s. 8(e), Art. II of the State
98	Constitution relating to legislators, statewide elected
99	officers, appointed state officers, and designated public
100	employees.
101	2.  As used in this paragraph:
102	a.  "Employee" means:
103	(I)  Any person employed in the executive or legislative
104	branch of government holding a position in the Senior Management
105	Service as defined in s. 110.402 or any person holding a
106	position in the Selected Exempt Service as defined in s. 110.602
107	or any person having authority over policy or procurement
108	employed by the Department of the Lottery.
109	(II)  The Auditor General, the director of the Office of
110	Program Policy Analysis and Government Accountability, the
111	Sergeant at Arms and Secretary of the Senate, and the Sergeant
112	at Arms and Clerk of the House of Representatives.
113	(III)  The executive director of the Legislative Committee
114	on Intergovernmental Relations and the executive director and
115	deputy executive director of the Commission on Ethics.
116	(IV)  An executive director, staff director, or deputy
117	staff director of each joint committee, standing committee, or
118	select committee of the Legislature; an executive director,
119	staff director, executive assistant, analyst, or attorney of the
120	Office of the President of the Senate, the Office of the Speaker
121	of the House of Representatives, the Senate Majority Party
122	Office, Senate Minority Party Office, House Majority Party
123	Office, or House Minority Party Office; or any person, hired on
124	a contractual basis, having the power normally conferred upon
125	such persons, by whatever title.
126	(V)  The Chancellor and Vice Chancellors of the State
127	University System; the general counsel to the Board of Regents;
128	and the president, vice presidents, and deans of each state
129	university.
130	(VI)  Any person, including an other-personal-services
131	employee, having the power normally conferred upon the positions
132	referenced in this sub-subparagraph.
133	b.  "Appointed state officer" means any member of an
134	appointive board, commission, committee, council, or authority
135	of the executive or legislative branch of state government whose
136	powers, jurisdiction, and authority are not solely advisory and
137	include the final determination or adjudication of any personal
138	or property rights, duties, or obligations, other than those
139	relative to its internal operations.
140	c.  "State agency" means an entity of the legislative,
141	executive, or judicial branch of state government over which the
142	Legislature exercises plenary budgetary and statutory control.
143	3.  No member of the Legislature, appointed state officer,
144	or statewide elected officer shall personally represent another
145	person or entity for compensation before the government body or
146	agency of which the individual was an officer or member for a
147	period of 2 years following vacation of office. No member of the
148	Legislature shall personally represent another person or entity
149	for compensation during his or her term of office before any
150	state agency other than judicial tribunals or in settlement
151	negotiations after the filing of a lawsuit.
152	4.  No agency employee shall personally represent another
153	person or entity for compensation before the agency with which
154	he or she was employed for a period of 2 years following
155	vacation of position, unless employed by another agency of state
156	government.
157	5.  Any person violating this paragraph shall be subject to
158	the penalties provided in s. 112.317 and a civil penalty of an
159	amount equal to the compensation which the person receives for
160	the prohibited conduct.
161	6.  This paragraph is not applicable to:
162	a.  A person employed by the Legislature or other agency
163	prior to July 1, 1989;
164	b.  A person who was employed by the Legislature or other
165	agency on July 1, 1989, whether or not the person was a defined
166	employee on July 1, 1989;
167	c.  A person who was a defined employee of the State
168	University System or the Public Service Commission who held such
169	employment on December 31, 1994;
170	d.  A person who has reached normal retirement age as
171	defined in s. 121.021(29), and who has retired under the
172	provisions of chapter 121 by July 1, 1991; or
173	e.  Any appointed state officer whose term of office began
174	before January 1, 1995, unless reappointed to that office on or
175	after January 1, 1995; or.
176	f.  An agency employee who continuously has held a position
177	that was transferred from the Career Service System to the
178	Selected Exempt Service System under chapter 2001-43, Laws of
179	Florida, until leaving state employment.
180	(12)  EXEMPTION.--The requirements of subsections (3) and
181	(7) as they pertain to persons serving on advisory boards may be
182	waived in a particular instance by the body which appointed the
183	person to the advisory board, upon a full disclosure of the
184	transaction or relationship to the appointing body prior to the
185	waiver and an affirmative vote in favor of waiver by two-thirds
186	vote of that body. In instances in which appointment to the
187	advisory board is made by an individual, waiver may be effected,
188	after public hearing, by a determination by the appointing
189	person and full disclosure of the transaction or relationship by
190	the appointee to the appointing person. In addition, no person
191	shall be held in violation of subsection (3) or subsection (7)
192	if:
193	(b)  The business is awarded under a system of sealed,
194	competitive bidding to the lowest or best bidder and:
195	1.  The official or the official's spouse or child has in
196	no way participated in the determination of the bid
197	specifications or the determination of the lowest or best
198	bidder;
199	2.  The official or the official's spouse or child has in
200	no way used or attempted to use the official's influence to
201	persuade the agency or any personnel thereof to enter such a
202	contract other than by the mere submission of the bid; and
203	3.  The official, prior to or at the time of the submission
204	of the bid, has filed a statement with the Commission on Ethics
205	Department of State, if the official is a state officer or
206	employee, or with the supervisor of elections of the county in
207	which the agency has its principal office, if the official is an
208	officer or employee of a political subdivision, disclosing the
209	official's interest, or the interest of the official's spouse or
210	child, and the nature of the intended business.
211	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
212	person who has been elected to any county, municipal, special
213	district, or school district office may not personally represent
214	another person or entity for compensation before the government
215	governing body or agency of which the person was an officer for
216	a period of 2 years after vacating that office.
217	Section 3.  Present subsections (4), (5), and (6) of
218	section 112.3144, Florida Statutes, are renumbered as
219	subsections (5), (6), and (7), respectively, paragraph (g) of
220	present subsection (4) is amended, and a new subsection (4) is
221	added to that section, to read:
222	112.3144  Full and public disclosure of financial
223	interests.--
224	(4)(a)  With respect to reporting, on forms prescribed
225	under this section, assets valued in excess of $1,000 that the
226	reporting individual holds jointly with another person, the
227	amount reported shall be based on the reporting individual's
228	legal percentage of ownership in the property. However, assets
229	that are held jointly with right of survivorship must be
230	reported at 100 percent of the value of the asset. For purposes
231	of this subsection, a reporting individual is deemed to own a
232	percentage of a partnership that is equal to the reporting
233	individual's interest in the capital or equity of the
234	partnership.
235	(b)1.  With respect to reporting, on forms prescribed under
236	this section, liabilities valued in excess of $1,000 for which
237	the reporting individual is jointly and severally liable, the
238	amount reported shall be based on the reporting individual's
239	percentage of liability rather than the total amount of the
240	liability. However, liability for a debt that is secured by
241	property owned by the reporting individual but that is held
242	jointly with right of survivorship must be reported at 100
243	percent of the total amount owed.
244	2.  A separate section of the form shall be created to
245	provide for the reporting of the amounts of joint and several
246	liability of the reporting individual not otherwise reported in
247	subparagraph 1.
248	(5)(4)  Forms for compliance with the full and public
249	disclosure requirements of s. 8, Art. II of the State
250	Constitution shall be created by the Commission on Ethics. The
251	commission shall give notice of disclosure deadlines and
252	delinquencies and distribute forms in the following manner:
253	(g)  The notification requirements and fines of this
254	subsection do not apply to candidates or to the first filing
255	required of any person appointed to elective constitutional
256	office or other position required to file full and public
257	disclosure, unless the person's name is on the commission's
258	notification list and the person received notification from the
259	commission. The appointing official shall notify such newly
260	appointed person of the obligation to file full and public
261	disclosure by July 1. The notification requirements and fines of
262	this subsection do not apply to the final filing provided for in
263	subsection (6)(5).
264	Section 4.  Paragraph (c) of subsection (6) of section
265	112.3145, Florida Statutes, is amended to read:
266	112.3145  Disclosure of financial interests and clients
267	represented before agencies.--
268	(6)  Forms for compliance with the disclosure requirements
269	of this section and a current list of persons subject to
270	disclosure shall be created by the commission and provided to
271	each supervisor of elections. The commission and each supervisor
272	of elections shall give notice of disclosure deadlines and
273	delinquencies and distribute forms in the following manner:
274	(c)  Not later than 30 days after July 1 of each year, the
275	commission and each supervisor of elections shall determine
276	which persons required to file a statement of financial
277	interests in their respective offices have failed to do so and
278	shall send delinquency notices by certified mail, return receipt
279	requested, to these such persons. Each notice shall state that a
280	grace period is in effect until September 1 of the current year;
281	that no investigative or disciplinary action based upon the
282	delinquency will be taken by the agency head or commission if
283	the statement is filed by September 1 of the current year; that,
284	if the statement is not filed by September 1 of the current
285	year, a fine of $25 for each day late will be imposed, up to a
286	maximum penalty of $1,500; for notices sent by a supervisor of
287	elections, that he or she is required by law to notify the
288	commission of the delinquency; and that, if upon the filing of a
289	sworn complaint the commission finds that the person has failed
290	to timely file the statement within 60 days after September 1 of
291	the current year, such person will also be subject to the
292	penalties provided in s. 112.317.
293	Section 5.  Section 112.3147, Florida Statutes, is amended
294	to read:
295	112.3147  Forms.--
296	(1)  All information required to be furnished by ss.
297	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
298	and by s. 8, Art. II of the State Constitution shall be on forms
299	prescribed by the Commission on Ethics.
300	(2)(a)  With respect to reporting assets valued in excess
301	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
302	reporting individual holds jointly with another person, the
303	amount reported shall be based on the reporting individual's
304	legal percentage of ownership in the property, except that
305	assets held jointly with the reporting individual's spouse shall
306	be reported at 100 percent of the value of the asset. For
307	purposes of this subsection, a reporting individual is deemed to
308	own an interest in a partnership which corresponds to the
309	reporting individual's interest in the capital or equity of the
310	partnership.
311	(b)1.  With respect to reporting liabilities valued in
312	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
313	which the reporting individual is jointly and severally liable,
314	the amount reported shall be based upon the reporting
315	individual's percentage of liability rather than the total
316	amount of the liability, except, a joint and several liability
317	with the reporting individual's spouse for a debt which relates
318	to property owned by both as tenants by the entirety shall be
319	reported at 100 percent of the total amount owed.
320	2.  A separate section of the form shall be created to
321	provide for the reporting of the amounts of joint and several
322	liability of the reporting individual not otherwise reported in
323	paragraph (a).
324	Section 6.  Paragraph (d) of subsection (6) and subsection
325	(8) of section 112.3148, Florida Statutes, are amended to read:
326	112.3148  Reporting and prohibited receipt of gifts by
327	individuals filing full or limited public disclosure of
328	financial interests and by procurement employees.--
329	(6)
330	(d)  No later than July 1 of each year, each reporting
331	individual or procurement employee shall file a statement
332	listing each gift having a value in excess of $100 received by
333	the reporting individual or procurement employee, either
334	directly or indirectly, from a governmental entity or a direct-
335	support organization specifically authorized by law to support a
336	governmental entity. The statement shall list the name of the
337	person providing the gift, a description of the gift, the date
338	or dates on which the gift was given, and the value of the total
339	gifts given during the calendar year for which the report is
340	made. The reporting individual or procurement employee shall
341	attach to the such statement any report received by him or her
342	in accordance with paragraph (c), which report shall become a
343	public record when filed with the statement of the reporting
344	individual or procurement employee. The reporting individual or
345	procurement employee may explain any differences between the
346	report of the reporting individual or procurement employee and
347	the attached reports. The annual report filed by a reporting
348	individual shall be filed with the financial disclosure
349	statement required by either s. 8, Art. II of the State
350	Constitution or s. 112.3145, as applicable to the reporting
351	individual. The annual report filed by a procurement employee
352	shall be filed with the Commission on Ethics. The report filed
353	by a reporting individual or procurement employee who left
354	office or employment during the calendar year covered by the
355	report shall be filed by July 1 of the year after leaving office
356	or employment at the same location as his or her final financial
357	disclosure statement or, in the case of a former procurement
358	employee, with the Commission on Ethics.
359	(8)(a)  Each reporting individual or procurement employee
360	shall file a statement with the Commission on Ethics not later
361	than on the last day of each calendar quarter, for the previous
362	calendar quarter, containing a list of gifts which he or she
363	believes to be in excess of $100 in value, if any, accepted by
364	him or her, for which compensation was not provided by the donee
365	to the donor within 90 days of receipt of the gift to reduce the
366	value to $100 or less, except the following:
367	1.  Gifts from relatives.
368	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
369	3.  Gifts otherwise required to be disclosed by this
370	section.
371	(b)  The statement shall include:
372	1.  A description of the gift, the monetary value of the
373	gift, the name and address of the person making the gift, and
374	the dates thereof. If any of these facts, other than the gift
375	description, are unknown or not applicable, the report shall so
376	state.
377	2.  A copy of any receipt for such gift provided to the
378	reporting individual or procurement employee by the donor.
379	(c)  The statement may include an explanation of any
380	differences between the reporting individual's or procurement
381	employee's statement and the receipt provided by the donor.
382	(d)  The reporting individual's or procurement employee's
383	statement shall be sworn to by such person as being a true,
384	accurate, and total listing of all such gifts.
385	(e)  Statements must be filed not later than 5 p.m. on the
386	due date. However, any statement that is postmarked by the
387	United States Postal Service by midnight on the due date is
388	deemed to have been filed in a timely manner, and a certificate
389	of mailing obtained from and dated by the United States Postal
390	Service at the time of the mailing, or a receipt from an
391	established courier company that bears a date on or before the
392	due date, constitutes proof of mailing in a timely manner.
393	(f)(e)  If a reporting individual or procurement employee
394	has not received any gifts described in paragraph (a) during a
395	calendar quarter, he or she is not required to file a statement
396	under this subsection for that calendar quarter.
397	Section 7.  Subsection (6) of section 112.3149, Florida
398	Statutes, is amended to read:
399	112.3149  Solicitation and disclosure of honoraria.--
400	(6)  A reporting individual or procurement employee who
401	receives payment or provision of expenses related to any
402	honorarium event from a person who is prohibited by subsection
403	(4) from paying an honorarium to a reporting individual or
404	procurement employee shall publicly disclose on an annual
405	statement the name, address, and affiliation of the person
406	paying or providing the expenses; the amount of the honorarium
407	expenses; the date of the honorarium event; a description of the
408	expenses paid or provided on each day of the honorarium event;
409	and the total value of the expenses provided to the reporting
410	individual or procurement employee in connection with the
411	honorarium event. The annual statement of honorarium expenses
412	shall be filed by July 1 of each year for those such expenses
413	received during the previous calendar year. The reporting
414	individual or procurement employee shall attach to the annual
415	statement a copy of each statement received by him or her in
416	accordance with subsection (5) regarding honorarium expenses
417	paid or provided during the calendar year for which the annual
418	statement is filed. The Such attached statement shall become a
419	public record upon the filing of the annual report. The annual
420	statement of a reporting individual shall be filed with the
421	financial disclosure statement required by either s. 8, Art. II
422	of the State Constitution or s. 112.3145, as applicable to the
423	reporting individual. The annual statement of a procurement
424	employee shall be filed with the Commission on Ethics. The
425	statement filed by a reporting individual or procurement
426	employee who left office or employment during the calendar year
427	covered by the statement shall be filed by July 1 of the year
428	after leaving office or employment at the same location as his
429	or her final financial disclosure statement or, in the case of a
430	former procurement employee, with the Commission on Ethics.
431	Section 8.  Subsections (1), (2), (6), (7), and (8) of
432	section 112.317, Florida Statutes, are amended to read:
433	112.317  Penalties.--
434	(1)  Violation of any provision of this part, including,
435	but not limited to, any failure to file any disclosures required
436	by this part or violation of any standard of conduct imposed by
437	this part, or violation of any provision of s. 8, Art. II of the
438	State Constitution, in addition to any criminal penalty or other
439	civil penalty involved, shall, under pursuant to applicable
440	constitutional and statutory procedures, constitute grounds for,
441	and may be punished by, one or more of the following:
442	(a)  In the case of a public officer:
443	1.  Impeachment.
444	2.  Removal from office.
445	3.  Suspension from office.
446	4.  Public censure and reprimand.
447	5.  Forfeiture of no more than one-third salary per month
448	for no more than 12 months.
449	6.  A civil penalty not to exceed $10,000.
450	7.  Restitution of any pecuniary benefits received because
451	of the violation committed. The commission may recommend that
452	the restitution penalty be paid to the agency of which the
453	public officer was a member or to the General Revenue Fund.
454	(b)  In the case of an employee or a person designated as a
455	public officer by this part who otherwise would be deemed to be
456	an employee:
457	1.  Dismissal from employment.
458	2.  Suspension from employment for not more than 90 days
459	without pay.
460	3.  Demotion.
461	4.  Reduction in salary level.
462	5.  Forfeiture of no more than one-third salary per month
463	for no more than 12 months.
464	6.  A civil penalty not to exceed $10,000.
465	7.  Restitution of any pecuniary benefits received because
466	of the violation committed. The commission may recommend that
467	the restitution penalty be paid to the agency by which the
468	public employee was employed, or of which the officer was deemed
469	to be an employee, or to the General Revenue Fund.
470	8.  Public censure and reprimand.
471	(c)  In the case of a candidate who violates the provisions
472	of this part or s. 8(a) and (i), Art. II of the State
473	Constitution:
474	1.  Disqualification from being on the ballot.
475	2.  Public censure.
476	3.  Reprimand.
477	4.  A civil penalty not to exceed $10,000.
478	(d)  In the case of a former public officer or employee who
479	has violated a provision applicable to former officers or
480	employees or whose violation occurred before the prior to such
481	officer's or employee's leaving public office or employment:
482	1.  Public censure and reprimand.
483	2.  A civil penalty not to exceed $10,000.
484	3.  Restitution of any pecuniary benefits received because
485	of the violation committed. The commission may recommend that
486	the restitution penalty be paid to the agency by which the
487	public employee was employed, or of which the officer was deemed
488	to be an employee, or to the General Revenue Fund.
489	(2)  In any case in which the commission finds a violation
490	of this part or of s. 8, Art. II of the State Constitution and
491	the proper disciplinary official or body under s. 112.324
492	imposes recommends a civil penalty or restitution penalty, the
493	Attorney General shall bring a civil action to recover such
494	penalty. No defense may be raised in the civil action to enforce
495	the civil penalty or order of restitution that could have been
496	raised by judicial review of the administrative findings and
497	recommendations of the commission by certiorari to the district
498	court of appeal. The Attorney General shall collect any costs,
499	attorney's fees, expert witness fees, or other costs of
500	collection incurred in bringing the action.
501	(6)  Any person who willfully discloses, or permits to be
502	disclosed, his or her intention to file a complaint, the
503	existence or contents of a complaint which has been filed with
504	the commission, or any document, action, or proceeding in
505	connection with a confidential preliminary investigation of the
506	commission, before such complaint, document, action, or
507	proceeding becomes a public record as provided herein commits a
508	misdemeanor of the first degree, punishable as provided in s.
509	775.082 or s. 775.083.
510	(6)(7)  In any case in which the commission finds probable
511	cause to believe that a complainant has committed perjury in
512	regard to any document filed with, or any testimony given
513	before, the commission, it shall refer such evidence to the
514	appropriate law enforcement agency for prosecution and taxation
515	of costs.
516	(7)(8)  In any case in which the commission determines that
517	a person has filed a complaint against a public officer or
518	employee with a malicious intent to injure the reputation of
519	such officer or employee by filing the complaint with knowledge
520	that the complaint contains one or more false allegations or
521	with reckless disregard for whether the complaint contains false
522	allegations of fact material to a violation of this part, the
523	complainant shall be liable for costs plus reasonable attorney's
524	fees incurred in the defense of the person complained against,
525	including the costs and reasonable attorney's fees incurred in
526	proving entitlement to and the amount of costs and fees. If the
527	complainant fails to pay such costs and fees voluntarily within
528	30 days following such finding by the commission, the commission
529	shall forward such information to the Department of Legal
530	Affairs, which shall bring a civil action in a court of
531	competent jurisdiction to recover the amount of such costs and
532	fees awarded by the commission.
533	Section 9.  Section 112.3185, Florida Statutes, is amended
534	to read:
535	112.3185  Additional standards for state agency employees
536	Contractual services.--
537	(1)  For the purposes of this section:
538	(a)  "Contractual services" shall be defined as set forth
539	in chapter 287.
540	(b)  "Agency" means any state officer, department, board,
541	commission, or council of the executive or judicial branch of
542	state government and includes the Public Service Commission.
543	(2)  No agency employee who participates through decision,
544	approval, disapproval, recommendation, preparation of any part
545	of a purchase request, influencing the content of any
546	specification or procurement standard, rendering of advice,
547	investigation, or auditing or in any other advisory capacity in
548	the procurement of contractual services shall become or be,
549	while an agency employee, the employee of a person contracting
550	with the agency by whom the employee is employed.
551	(3)  No agency employee shall, after retirement or
552	termination, have or hold any employment or contractual
553	relationship with any business entity other than an agency in
554	connection with any contract in which the agency employee
555	participated personally and substantially through decision,
556	approval, disapproval, recommendation, rendering of advice, or
557	investigation while an officer or employee. When the agency
558	employee's position is eliminated and his or her duties are
559	performed by the business entity, this subsection does not
560	prohibit his or her employment or contractual relationship with
561	the business entity if the employee's participation in the
562	contract was limited to recommendation, rendering of advice, or
563	investigation and if the agency head determines that the best
564	interests of the state will be served thereby and provides prior
565	written approval for the particular employee.
566	(4)  No agency employee shall, within 2 years after
567	retirement or termination, have or hold any employment or
568	contractual relationship with any business entity other than an
569	agency in connection with any contract for contractual services
570	which was within his or her responsibility while an employee. If
571	the agency employee's position is eliminated and his or her
572	duties are performed by the business entity, the provisions of
573	this subsection may be waived by the agency head through prior
574	written approval for a particular employee if the agency head
575	determines that the best interests of the state will be served
576	thereby.
577	(5)  The sum of money paid to a former agency employee
578	during the first year after the cessation of his or her
579	responsibilities, by the agency with whom he or she was
580	employed, for contractual services provided to the agency, shall
581	not exceed the annual salary received on the date of cessation
582	of his or her responsibilities. The provisions of This
583	subsection may be waived by the agency head for a particular
584	contract if the agency head determines that such waiver will
585	result in significant time or cost savings for the state.
586	(6)  No agency employee shall, after retirement or
587	termination, represent or advise for compensation another person
588	or entity, except the state, in any matter in which the employee
589	participated personally and substantially in his or her official
590	capacity through decision, approval, disapproval,
591	recommendation, rendering of advice, investigation, or otherwise
592	while an employee. The term "matter" includes any judicial or
593	other proceeding, application, request for a ruling, or other
594	determination, contract, claim, controversy, investigation,
595	charge, accusation, arrest, or other particular action involving
596	a specific party or parties.
597	(7)(6)  No agency employee acting in an official capacity
598	shall directly or indirectly procure contractual services for
599	his or her own agency from any business entity of which a
600	relative is an officer, partner, director, or proprietor or in
601	which the such officer or employee or his or her spouse or
602	child, or any combination of them, has a material interest.
603	(8)(7)  A violation of any provision of this section is
604	punishable in accordance with s. 112.317.
605	(9)(8)  This section is not applicable to any employee of
606	the Public Service Commission who was so employed on or before
607	December 31, 1994.
608	Section 10.  Subsection (1) of section 112.321, Florida
609	Statutes, is amended to read:
610	112.321  Membership, terms; travel expenses; staff.--
611	(1)  The commission shall be composed of nine members. Five
612	of these members shall be appointed by the Governor, no more
613	than three of whom shall be from the same political party,
614	subject to confirmation by the Senate. One member appointed by
615	the Governor shall be a former city or county official and may
616	be a former member of a local planning or zoning board which has
617	only advisory duties. Two members shall be appointed by the
618	Speaker of the House of Representatives, and two members shall
619	be appointed by the President of the Senate. Neither the Speaker
620	of the House of Representatives nor the President of the Senate
621	shall appoint more than one member from the same political
622	party. Of the nine members of the commission, no more than five
623	members shall be from the same political party at any one time.
624	No member may hold any public employment. An individual who
625	qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
626	pursuant to any local government charter or ordinance may not
627	serve as a member of the commission, except that this
628	prohibition does not apply to an individual who is a member of
629	the commission on October 1, 2006, until the expiration of his
630	or her current term. A member of the commission may not lobby
631	any state or local governmental entity as provided in s. 11.045
632	or s. 112.3215 or as provided by any local government charter or
633	ordinance, except that this prohibition does not apply to an
634	individual who is a member of the commission on October 1, 2006,
635	until the expiration of his or her current term. All members
636	shall serve 2-year terms. No member shall serve more than two
637	full terms in succession. Any member of the commission may be
638	removed for cause by majority vote of the Governor, the
639	President of the Senate, the Speaker of the House of
640	Representatives, and the Chief Justice of the Supreme Court.
641	Section 11.  Paragraph (e) of subsection (5) of section
642	112.3215, Florida Statutes, as amended by chapter 2005-359, Laws
643	of Florida, is amended to read:
644	112.3215  Lobbying before the executive branch or the
645	Constitution Revision Commission; registration and reporting;
646	investigation by commission.--
647	(5)
648	(e)  The commission shall provide by rule the grounds for
649	waiving a fine, the procedures a procedure by which a lobbying
650	firm that fails to timely file a report shall be notified and
651	assessed fines, and the procedure for appealing the fines. The
652	rule shall provide for the following:
653	1.  Upon determining that the report is late, the person
654	designated to review the timeliness of reports shall immediately
655	notify the lobbying firm as to the failure to timely file the
656	report and that a fine is being assessed for each late day. The
657	fine shall be $50 per day per report for each late day up to a
658	maximum of $5,000 per late report.
659	2.  Upon receipt of the report, the person designated to
660	review the timeliness of reports shall determine the amount of
661	the fine due based upon the earliest of the following:
662	a.  When a report is actually received by the lobbyist
663	registration and reporting office.
664	b.  When the report is postmarked.
665	c.  When the certificate of mailing is dated.
666	d.  When the receipt from an established courier company is
667	dated.
668	3.  Such fine shall be paid within 30 days after the notice
669	of payment due is transmitted by the Lobbyist Registration
670	Office, unless appeal is made to the commission. The moneys
671	shall be deposited into the Executive Branch Lobby Registration
672	Trust Fund.
673	4.  A fine shall not be assessed against a lobbying firm
674	the first time any reports for which the lobbying firm is
675	responsible are not timely filed. However, to receive the one-
676	time fine waiver, all reports for which the lobbying firm is
677	responsible must be filed within 30 days after the notice that
678	any reports have not been timely filed is transmitted by the
679	Lobbyist Registration Office. A fine shall be assessed for any
680	subsequent late-filed reports.
681	5.  Any lobbying firm may appeal or dispute a fine, based
682	upon unusual circumstances surrounding the failure to file on
683	the designated due date, and may request and shall be entitled
684	to a hearing before the commission, which shall have the
685	authority to waive the fine in whole or in part for good cause
686	shown. Any such request shall be made within 30 days after the
687	notice of payment due is transmitted by the Lobbyist
688	Registration Office. In such case, the lobbying firm shall,
689	within the 30-day period, notify the person designated to review
690	the timeliness of reports in writing of his or her intention to
691	bring the matter before the commission.
692	6.  The person designated to review the timeliness of
693	reports shall notify the commission of the failure of a lobbying
694	firm to file a report after notice or of the failure of a
695	lobbying firm to pay the fine imposed. All lobbyist
696	registrations for lobbyists who are partners, owners, officers,
697	or employees of a lobbying firm that fails to timely pay a fine
698	are automatically suspended until the fine is paid or waived,
699	and the commission shall promptly notify all affected principals
700	of any suspension or reinstatement.
701	7.  Notwithstanding any provision of chapter 120, any fine
702	imposed under this subsection that is not waived by final order
703	of the commission and that remains unpaid more than 60 days
704	after the notice of payment due or more than 60 days after the
705	commission renders a final order on the lobbying firm's appeal
706	shall be collected by the Department of Financial Services as a
707	claim, debt, or other obligation owed to the state, and the
708	department may assign the collection of such fine to a
709	collection agent as provided in s. 17.20.
710	Section 12.  Subsection (4) of section 112.322, Florida
711	Statutes, is amended to read:
712	112.322  Duties and powers of commission.--
713	(4)  The commission has the power to subpoena, audit, and
714	investigate. The commission may subpoena witnesses and compel
715	their attendance and testimony, administer oaths and
716	affirmations, take evidence, and require by subpoena the
717	production of any books, papers, records, or other items
718	relevant to the performance of the duties of the commission or
719	to the exercise of its powers. The commission may delegate to
720	its investigators the authority to administer oaths and
721	affirmations. The commission may delegate the authority to issue
722	subpoenas to its chair, and may authorize its employees to serve
723	any subpoena issued under this section. In the case of a refusal
724	to obey a subpoena issued to any person, the commission may make
725	application to any circuit court of this state which shall have
726	jurisdiction to order the witness to appear before the
727	commission and to produce evidence, if so ordered, or to give
728	testimony touching on the matter in question. Failure to obey
729	the order may be punished by the court as contempt. Witnesses
730	shall be paid mileage and witnesses fees as authorized for
731	witnesses in civil cases, except that a witness who is required
732	to travel outside the county of his or her residence to testify
733	is entitled to per diem and travel expenses at the same rate
734	provided for state employees under s. 112.061, to be paid after
735	the witness appears.
736	Section 13.  Subsections (3) and (4) of section 914.21,
737	Florida Statutes, are amended to read:
738	914.21  Definitions.--As used in ss. 914.22-914.24, the
739	term:
740	(3)  "Official investigation" means any investigation
741	instituted by a law enforcement agency or prosecuting officer of
742	the state or a political subdivision of the state or the
743	Commission on Ethics.
744	(4)  "Official proceeding" means:
745	(a)  A proceeding before a judge or court or a grand jury;
746	(b)  A proceeding before the Legislature; or
747	(c)  A proceeding before a federal agency which is
748	authorized by law; or.
749	(d)  A proceeding before the Commission on Ethics.
750	Section 14.  This act shall take effect October 1, 2006.

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