HB 0493

CS

CHAMBER ACTION

1	The State Administration Council 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	providing definitions; amending s. 112.3144, F.S.;
22	specifying how assets valued in excess of a specified
23	amount are to be reported by a reporting individual;
24	amending s. 112.3145, F.S.; requiring that a delinquency
25	notice be sent to certain officeholders by certified mail,
26	return receipt requested; amending s. 112.3147, F.S.;
27	deleting provisions relating to the reporting of assets
28	valued in excess of a specified amount, to conform;
29	amending s. 112.3148, F.S.; providing requirements for
30	persons who have left office or employment as to filing a
31	report relating to gifts; providing requirements relating
32	to the deadline for and timeliness of gift reports;
33	amending s. 112.3149, F.S.; requiring that a report of
34	honoraria by a person who left office or employment be
35	filed by a specified date; amending s. 112.317, F.S.;
36	authorizing the commission to recommend a restitution
37	penalty be paid to the agency of which the public officer
38	was a member or by which the public employee was employed
39	or to the General Revenue Fund; authorizing the Attorney
40	General to recover costs for filing suit to collect
41	penalties and fines; deleting provisions imposing a
42	penalty for the disclosure of information concerning a
43	complaint or an investigation; amending s. 112.3185, F.S.;
44	providing additional standards for state agency employees
45	relating to procurement of goods and services by a state
46	agency; authorizing an employee whose position was
47	eliminated to engage in certain contractual activities;
48	amending s. 112.321, F.S.; prohibiting an individual who
49	qualifies as a lobbyist from serving on the commission;
50	prohibiting a member of the commission from lobbying any
51	state or local governmental entity; providing exceptions
52	for certain individuals who are members of the commission;
53	amending s. 112.3215, F.S.; requiring the commission to
54	adopt a rule detailing the grounds for waiving a fine and
55	the procedures to be followed when a lobbyist fails to
56	timely file his or her report; requiring automatic
57	suspension of certain lobbyist registrations if the fine
58	is not timely paid; requiring the commission to provide
59	written notice to any lobbyist whose registration is
60	automatically suspended; amending s. 112.322, F.S.;
61	authorizing travel and per diem expenses for certain
62	witnesses; amending s. 914.21, F.S.; redefining the terms
63	"official investigation" and "official proceeding," for
64	purposes of provisions relating to tampering with
65	witnesses, to include an investigation by the commission;
66	providing effective dates.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Present subsections (2) and (3) of section
71	104.31, Florida Statutes, are renumbered as subsections (3) and
72	(4), respectively, and a new subsection (2) is added to that
73	section to read:
74	104.31  Political activities of state, county, and
75	municipal officers and employees.--
76	(2)  An employee of the state or any political subdivision
77	may not participate in any political campaign for an elective
78	office while on duty.
79	Section 2.  Subsection (8), paragraph (a) of subsection
80	(9), paragraph (b) of subsection (12), and subsection (14) of
81	section 112.313, Florida Statutes, are amended to read:
82	112.313  Standards of conduct for public officers,
83	employees of agencies, and local government attorneys.--
84	(8)  DISCLOSURE OR USE OF CERTAIN INFORMATION.--No current
85	or former public officer, employee of an agency, or local
86	government attorney shall disclose or use information not
87	available to members of the general public and gained by reason
88	of his or her official position, except for information relating
89	exclusively to governmental practices, for his or her personal
90	gain or benefit or for the personal gain or benefit of any other
91	person or business entity.
92	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
93	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
94	(a)1.  It is the intent of the Legislature to implement by
95	statute the provisions of s. 8(e), Art. II of the State
96	Constitution relating to legislators, statewide elected
97	officers, appointed state officers, and designated public
98	employees.
99	2.  As used in this paragraph:
100	a.  "Employee" means:
101	(I)  Any person employed in the executive or legislative
102	branch of government holding a position in the Senior Management
103	Service as defined in s. 110.402 or any person holding a
104	position in the Selected Exempt Service as defined in s. 110.602
105	or any person having authority over policy or procurement
106	employed by the Department of the Lottery.
107	(II)  The Auditor General, the director of the Office of
108	Program Policy Analysis and Government Accountability, the
109	Sergeant at Arms and Secretary of the Senate, and the Sergeant
110	at Arms and Clerk of the House of Representatives.
111	(III)  The executive director of the Legislative Committee
112	on Intergovernmental Relations and the executive director and
113	deputy executive director of the Commission on Ethics.
114	(IV)  An executive director, staff director, or deputy
115	staff director of each joint committee, standing committee, or
116	select committee of the Legislature; an executive director,
117	staff director, executive assistant, analyst, or attorney of the
118	Office of the President of the Senate, the Office of the Speaker
119	of the House of Representatives, the Senate Majority Party
120	Office, Senate Minority Party Office, House Majority Party
121	Office, or House Minority Party Office; or any person, hired on
122	a contractual basis, having the power normally conferred upon
123	such persons, by whatever title.
124	(V)  The Chancellor and Vice Chancellors of the State
125	University System; the general counsel to the Board of Regents;
126	and the president, vice presidents, and deans of each state
127	university.
128	(VI)  Any person, including an other-personal-services
129	employee, having the power normally conferred upon the positions
130	referenced in this sub-subparagraph.
131	b.  "Appointed state officer" means any member of an
132	appointive board, commission, committee, council, or authority
133	of the executive or legislative branch of state government whose
134	powers, jurisdiction, and authority are not solely advisory and
135	include the final determination or adjudication of any personal
136	or property rights, duties, or obligations, other than those
137	relative to its internal operations.
138	c.  "State agency" means an entity of the legislative,
139	executive, or judicial branch of state government over which the
140	Legislature exercises plenary budgetary and statutory control.
141	3.  No member of the Legislature, appointed state officer,
142	or statewide elected officer shall personally represent another
143	person or entity for compensation before the government body or
144	agency of which the individual was an officer or member for a
145	period of 2 years following vacation of office. No member of the
146	Legislature shall personally represent another person or entity
147	for compensation during his or her term of office before any
148	state agency other than judicial tribunals or in settlement
149	negotiations after the filing of a lawsuit.
150	4.  No agency employee shall personally represent another
151	person or entity for compensation before the agency with which
152	he or she was employed for a period of 2 years following
153	vacation of position, unless employed by another agency of state
154	government.
155	5.  Any person violating this paragraph shall be subject to
156	the penalties provided in s. 112.317 and a civil penalty of an
157	amount equal to the compensation which the person receives for
158	the prohibited conduct.
159	6.  This paragraph is not applicable to:
160	a.  A person employed by the Legislature or other agency
161	prior to July 1, 1989;
162	b.  A person who was employed by the Legislature or other
163	agency on July 1, 1989, whether or not the person was a defined
164	employee on July 1, 1989;
165	c.  A person who was a defined employee of the State
166	University System or the Public Service Commission who held such
167	employment on December 31, 1994;
168	d.  A person who has reached normal retirement age as
169	defined in s. 121.021(29), and who has retired under the
170	provisions of chapter 121 by July 1, 1991; or
171	e.  Any appointed state officer whose term of office began
172	before January 1, 1995, unless reappointed to that office on or
173	after January 1, 1995.
174	7.  This paragraph does not apply to an agency employee who
175	was employed on July 1, 2001, in a Career Service System
176	position that was transferred to the Selected Exempt Service
177	System under chapter 2001-43, Laws of Florida.
178	(12)  EXEMPTION.--The requirements of subsections (3) and
179	(7) as they pertain to persons serving on advisory boards may be
180	waived in a particular instance by the body which appointed the
181	person to the advisory board, upon a full disclosure of the
182	transaction or relationship to the appointing body prior to the
183	waiver and an affirmative vote in favor of waiver by two-thirds
184	vote of that body. In instances in which appointment to the
185	advisory board is made by an individual, waiver may be effected,
186	after public hearing, by a determination by the appointing
187	person and full disclosure of the transaction or relationship by
188	the appointee to the appointing person. In addition, no person
189	shall be held in violation of subsection (3) or subsection (7)
190	if:
191	(b)  The business is awarded under a system of sealed,
192	competitive bidding to the lowest or best bidder and:
193	1.  The official or the official's spouse or child has in
194	no way participated in the determination of the bid
195	specifications or the determination of the lowest or best
196	bidder;
197	2.  The official or the official's spouse or child has in
198	no way used or attempted to use the official's influence to
199	persuade the agency or any personnel thereof to enter such a
200	contract other than by the mere submission of the bid; and
201	3.  The official, prior to or at the time of the submission
202	of the bid, has filed a statement with the Commission on Ethics
203	Department of State, if the official is a state officer or
204	employee, or with the supervisor of elections of the county in
205	which the agency has its principal office, if the official is an
206	officer or employee of a political subdivision, disclosing the
207	official's interest, or the interest of the official's spouse or
208	child, and the nature of the intended business.
209	(14)  LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A
210	person who has been elected to any county, municipal, special
211	district, or school district office may not personally represent
212	another person or entity for compensation before the government
213	governing body or agency of which the person was an officer for
214	a period of 2 years after vacating that office. For purposes of
215	this subsection:
216	(a)  The "government body or agency" of a member of a board
217	of county commissioners consists of the commission, the chief
218	administrative officer or employee of the county, and their
219	immediate support staff.
220	(b)  The "government body or agency" of any other county
221	elected officer is the office or department headed by that
222	officer, including all subordinate employees.
223	(c)  The "government body or agency" of an elected
224	municipal officer consists of the governing body of the
225	municipality, the chief administrative officer or employee of
226	the municipality, and their immediate support staff.
227	(d)  The "government body or agency" of an elected special
228	district officer is the special district.
229	(e)  The "government body or agency" of an elected school
230	district officer is the school district.
231	Section 3.  Present subsections (4), (5), and (6) of
232	section 112.3144, Florida Statutes, are renumbered as
233	subsections (5), (6), and (7), respectively, paragraph (g) of
234	present subsection (4) is amended, and a new subsection (4) is
235	added to that section, to read:
236	112.3144  Full and public disclosure of financial
237	interests.--
238	(4)(a)  With respect to reporting, on forms prescribed
239	under this section, assets valued in excess of $1,000 that the
240	reporting individual holds jointly with another person, the
241	amount reported shall be based on the reporting individual's
242	legal percentage of ownership in the property. However, assets
243	that are held jointly with right of survivorship must be
244	reported at 100 percent of the value of the asset. For purposes
245	of this subsection, a reporting individual is deemed to own a
246	percentage of a partnership that is equal to the reporting
247	individual's interest in the capital or equity of the
248	partnership.
249	(b)1.  With respect to reporting, on forms prescribed under
250	this section, liabilities valued in excess of $1,000 for which
251	the reporting individual is jointly and severally liable, the
252	amount reported shall be based on the reporting individual's
253	percentage of liability rather than the total amount of the
254	liability. However, liability for a debt that is secured by
255	property owned by the reporting individual but that is held
256	jointly with right of survivorship must be reported at 100
257	percent of the total amount owed.
258	2.  A separate section of the form shall be created to
259	provide for the reporting of the amounts of joint and several
260	liability of the reporting individual not otherwise reported in
261	subparagraph 1.
262	(5)(4)  Forms for compliance with the full and public
263	disclosure requirements of s. 8, Art. II of the State
264	Constitution shall be created by the Commission on Ethics. The
265	commission shall give notice of disclosure deadlines and
266	delinquencies and distribute forms in the following manner:
267	(g)  The notification requirements and fines of this
268	subsection do not apply to candidates or to the first filing
269	required of any person appointed to elective constitutional
270	office or other position required to file full and public
271	disclosure, unless the person's name is on the commission's
272	notification list and the person received notification from the
273	commission. The appointing official shall notify such newly
274	appointed person of the obligation to file full and public
275	disclosure by July 1. The notification requirements and fines of
276	this subsection do not apply to the final filing provided for in
277	subsection (6)(5).
278	Section 4.  Paragraph (c) of subsection (6) of section
279	112.3145, Florida Statutes, is amended to read:
280	112.3145  Disclosure of financial interests and clients
281	represented before agencies.--
282	(6)  Forms for compliance with the disclosure requirements
283	of this section and a current list of persons subject to
284	disclosure shall be created by the commission and provided to
285	each supervisor of elections. The commission and each supervisor
286	of elections shall give notice of disclosure deadlines and
287	delinquencies and distribute forms in the following manner:
288	(c)  Not later than 30 days after July 1 of each year, the
289	commission and each supervisor of elections shall determine
290	which persons required to file a statement of financial
291	interests in their respective offices have failed to do so and
292	shall send delinquency notices by certified mail, return receipt
293	requested, to these such persons. Each notice shall state that a
294	grace period is in effect until September 1 of the current year;
295	that no investigative or disciplinary action based upon the
296	delinquency will be taken by the agency head or commission if
297	the statement is filed by September 1 of the current year; that,
298	if the statement is not filed by September 1 of the current
299	year, a fine of $25 for each day late will be imposed, up to a
300	maximum penalty of $1,500; for notices sent by a supervisor of
301	elections, that he or she is required by law to notify the
302	commission of the delinquency; and that, if upon the filing of a
303	sworn complaint the commission finds that the person has failed
304	to timely file the statement within 60 days after September 1 of
305	the current year, such person will also be subject to the
306	penalties provided in s. 112.317.
307	Section 5.  Section 112.3147, Florida Statutes, is amended
308	to read:
309	112.3147  Forms.--
310	(1)  All information required to be furnished by ss.
311	112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149
312	and by s. 8, Art. II of the State Constitution shall be on forms
313	prescribed by the Commission on Ethics.
314	(2)(a)  With respect to reporting assets valued in excess
315	of $1,000 on forms prescribed pursuant to s. 112.3144 which the
316	reporting individual holds jointly with another person, the
317	amount reported shall be based on the reporting individual's
318	legal percentage of ownership in the property, except that
319	assets held jointly with the reporting individual's spouse shall
320	be reported at 100 percent of the value of the asset. For
321	purposes of this subsection, a reporting individual is deemed to
322	own an interest in a partnership which corresponds to the
323	reporting individual's interest in the capital or equity of the
324	partnership.
325	(b)1.  With respect to reporting liabilities valued in
326	excess of $1,000 on forms prescribed pursuant to s. 112.3144 for
327	which the reporting individual is jointly and severally liable,
328	the amount reported shall be based upon the reporting
329	individual's percentage of liability rather than the total
330	amount of the liability, except, a joint and several liability
331	with the reporting individual's spouse for a debt which relates
332	to property owned by both as tenants by the entirety shall be
333	reported at 100 percent of the total amount owed.
334	2.  A separate section of the form shall be created to
335	provide for the reporting of the amounts of joint and several
336	liability of the reporting individual not otherwise reported in
337	paragraph (a).
338	Section 6.  Paragraph (d) of subsection (6) and subsection
339	(8) of section 112.3148, Florida Statutes, are amended to read:
340	112.3148  Reporting and prohibited receipt of gifts by
341	individuals filing full or limited public disclosure of
342	financial interests and by procurement employees.--
343	(6)
344	(d)  No later than July 1 of each year, each reporting
345	individual or procurement employee shall file a statement
346	listing each gift having a value in excess of $100 received by
347	the reporting individual or procurement employee, either
348	directly or indirectly, from a governmental entity or a direct-
349	support organization specifically authorized by law to support a
350	governmental entity. The statement shall list the name of the
351	person providing the gift, a description of the gift, the date
352	or dates on which the gift was given, and the value of the total
353	gifts given during the calendar year for which the report is
354	made. The reporting individual or procurement employee shall
355	attach to the such statement any report received by him or her
356	in accordance with paragraph (c), which report shall become a
357	public record when filed with the statement of the reporting
358	individual or procurement employee. The reporting individual or
359	procurement employee may explain any differences between the
360	report of the reporting individual or procurement employee and
361	the attached reports. The annual report filed by a reporting
362	individual shall be filed with the financial disclosure
363	statement required by either s. 8, Art. II of the State
364	Constitution or s. 112.3145, as applicable to the reporting
365	individual. The annual report filed by a procurement employee
366	shall be filed with the Commission on Ethics. The report filed
367	by a reporting individual or procurement employee who left
368	office or employment during the calendar year covered by the
369	report shall be filed by July 1 of the year after leaving office
370	or employment at the same location as his or her final financial
371	disclosure statement or, in the case of a former procurement
372	employee, with the Commission on Ethics.
373	(8)(a)  Each reporting individual or procurement employee
374	shall file a statement with the Commission on Ethics not later
375	than on the last day of each calendar quarter, for the previous
376	calendar quarter, containing a list of gifts which he or she
377	believes to be in excess of $100 in value, if any, accepted by
378	him or her, for which compensation was not provided by the donee
379	to the donor within 90 days of receipt of the gift to reduce the
380	value to $100 or less, except the following:
381	1.  Gifts from relatives.
382	2.  Gifts prohibited by subsection (4) or s. 112.313(4).
383	3.  Gifts otherwise required to be disclosed by this
384	section.
385	(b)  The statement shall include:
386	1.  A description of the gift, the monetary value of the
387	gift, the name and address of the person making the gift, and
388	the dates thereof. If any of these facts, other than the gift
389	description, are unknown or not applicable, the report shall so
390	state.
391	2.  A copy of any receipt for such gift provided to the
392	reporting individual or procurement employee by the donor.
393	(c)  The statement may include an explanation of any
394	differences between the reporting individual's or procurement
395	employee's statement and the receipt provided by the donor.
396	(d)  The reporting individual's or procurement employee's
397	statement shall be sworn to by such person as being a true,
398	accurate, and total listing of all such gifts.
399	(e)  Statements must be filed not later than 5 p.m. on the
400	due date. However, any statement that is postmarked by the
401	United States Postal Service by midnight on the due date is
402	deemed to have been filed in a timely manner, and a certificate
403	of mailing obtained from and dated by the United States Postal
404	Service at the time of the mailing, or a receipt from an
405	established courier company that bears a date on or before the
406	due date, constitutes proof of mailing in a timely manner.
407	(f)(e)  If a reporting individual or procurement employee
408	has not received any gifts described in paragraph (a) during a
409	calendar quarter, he or she is not required to file a statement
410	under this subsection for that calendar quarter.
411	Section 7.  Subsection (6) of section 112.3149, Florida
412	Statutes, is amended to read:
413	112.3149  Solicitation and disclosure of honoraria.--
414	(6)  A reporting individual or procurement employee who
415	receives payment or provision of expenses related to any
416	honorarium event from a person who is prohibited by subsection
417	(4) from paying an honorarium to a reporting individual or
418	procurement employee shall publicly disclose on an annual
419	statement the name, address, and affiliation of the person
420	paying or providing the expenses; the amount of the honorarium
421	expenses; the date of the honorarium event; a description of the
422	expenses paid or provided on each day of the honorarium event;
423	and the total value of the expenses provided to the reporting
424	individual or procurement employee in connection with the
425	honorarium event. The annual statement of honorarium expenses
426	shall be filed by July 1 of each year for those such expenses
427	received during the previous calendar year. The reporting
428	individual or procurement employee shall attach to the annual
429	statement a copy of each statement received by him or her in
430	accordance with subsection (5) regarding honorarium expenses
431	paid or provided during the calendar year for which the annual
432	statement is filed. The Such attached statement shall become a
433	public record upon the filing of the annual report. The annual
434	statement of a reporting individual shall be filed with the
435	financial disclosure statement required by either s. 8, Art. II
436	of the State Constitution or s. 112.3145, as applicable to the
437	reporting individual. The annual statement of a procurement
438	employee shall be filed with the Commission on Ethics. The
439	statement filed by a reporting individual or procurement
440	employee who left office or employment during the calendar year
441	covered by the statement shall be filed by July 1 of the year
442	after leaving office or employment at the same location as his
443	or her final financial disclosure statement or, in the case of a
444	former procurement employee, with the Commission on Ethics.
445	Section 8.  Subsections (1), (2), (6), (7), and (8) of
446	section 112.317, Florida Statutes, are amended to read:
447	112.317  Penalties.--
448	(1)  Violation of any provision of this part, including,
449	but not limited to, any failure to file any disclosures required
450	by this part or violation of any standard of conduct imposed by
451	this part, or violation of any provision of s. 8, Art. II of the
452	State Constitution, in addition to any criminal penalty or other
453	civil penalty involved, shall, under pursuant to applicable
454	constitutional and statutory procedures, constitute grounds for,
455	and may be punished by, one or more of the following:
456	(a)  In the case of a public officer:
457	1.  Impeachment.
458	2.  Removal from office.
459	3.  Suspension from office.
460	4.  Public censure and reprimand.
461	5.  Forfeiture of no more than one-third salary per month
462	for no more than 12 months.
463	6.  A civil penalty not to exceed $10,000.
464	7.  Restitution of any pecuniary benefits received because
465	of the violation committed. The commission may recommend that
466	the restitution penalty be paid to the agency of which the
467	public officer was a member or to the General Revenue Fund.
468	(b)  In the case of an employee or a person designated as a
469	public officer by this part who otherwise would be deemed to be
470	an employee:
471	1.  Dismissal from employment.
472	2.  Suspension from employment for not more than 90 days
473	without pay.
474	3.  Demotion.
475	4.  Reduction in salary level.
476	5.  Forfeiture of no more than one-third salary per month
477	for no more than 12 months.
478	6.  A civil penalty not to exceed $10,000.
479	7.  Restitution of any pecuniary benefits received because
480	of the violation committed. The commission may recommend that
481	the restitution penalty be paid to the agency by which the
482	public employee was employed, or of which the officer was deemed
483	to be an employee, or to the General Revenue Fund.
484	8.  Public censure and reprimand.
485	(c)  In the case of a candidate who violates the provisions
486	of this part or s. 8(a) and (i), Art. II of the State
487	Constitution:
488	1.  Disqualification from being on the ballot.
489	2.  Public censure.
490	3.  Reprimand.
491	4.  A civil penalty not to exceed $10,000.
492	(d)  In the case of a former public officer or employee who
493	has violated a provision applicable to former officers or
494	employees or whose violation occurred before the prior to such
495	officer's or employee's leaving public office or employment:
496	1.  Public censure and reprimand.
497	2.  A civil penalty not to exceed $10,000.
498	3.  Restitution of any pecuniary benefits received because
499	of the violation committed. The commission may recommend that
500	the restitution penalty be paid to the agency by which the
501	public employee was employed, or of which the officer was deemed
502	to be an employee, or to the General Revenue Fund.
503	(2)  In any case in which the commission finds a violation
504	of this part or of s. 8, Art. II of the State Constitution and
505	the proper disciplinary official or body under s. 112.324
506	imposes recommends a civil penalty or restitution penalty, the
507	Attorney General shall bring a civil action to recover such
508	penalty. No defense may be raised in the civil action to enforce
509	the civil penalty or order of restitution that could have been
510	raised by judicial review of the administrative findings and
511	recommendations of the commission by certiorari to the district
512	court of appeal. The Attorney General shall collect any costs,
513	attorney's fees, expert witness fees, or other costs of
514	collection incurred in bringing the action.
515	(6)  Any person who willfully discloses, or permits to be
516	disclosed, his or her intention to file a complaint, the
517	existence or contents of a complaint which has been filed with
518	the commission, or any document, action, or proceeding in
519	connection with a confidential preliminary investigation of the
520	commission, before such complaint, document, action, or
521	proceeding becomes a public record as provided herein commits a
522	misdemeanor of the first degree, punishable as provided in s.
523	775.082 or s. 775.083.
524	(6)(7)  In any case in which the commission finds probable
525	cause to believe that a complainant has committed perjury in
526	regard to any document filed with, or any testimony given
527	before, the commission, it shall refer such evidence to the
528	appropriate law enforcement agency for prosecution and taxation
529	of costs.
530	(7)(8)  In any case in which the commission determines that
531	a person has filed a complaint against a public officer or
532	employee with a malicious intent to injure the reputation of
533	such officer or employee by filing the complaint with knowledge
534	that the complaint contains one or more false allegations or
535	with reckless disregard for whether the complaint contains false
536	allegations of fact material to a violation of this part, the
537	complainant shall be liable for costs plus reasonable attorney's
538	fees incurred in the defense of the person complained against,
539	including the costs and reasonable attorney's fees incurred in
540	proving entitlement to and the amount of costs and fees. If the
541	complainant fails to pay such costs and fees voluntarily within
542	30 days following such finding by the commission, the commission
543	shall forward such information to the Department of Legal
544	Affairs, which shall bring a civil action in a court of
545	competent jurisdiction to recover the amount of such costs and
546	fees awarded by the commission.
547	Section 9.  Section 112.3185, Florida Statutes, is amended
548	to read:
549	112.3185  Additional standards for state agency employees
550	Contractual services.--
551	(1)  For the purposes of this section:
552	(a)  "Contractual services" shall be defined as set forth
553	in chapter 287.
554	(b)  "Agency" means any state officer, department, board,
555	commission, or council of the executive or judicial branch of
556	state government and includes the Public Service Commission.
557	(2)  No agency employee who participates through decision,
558	approval, disapproval, recommendation, preparation of any part
559	of a purchase request, influencing the content of any
560	specification or procurement standard, rendering of advice,
561	investigation, or auditing or in any other advisory capacity in
562	the procurement of contractual services shall become or be,
563	while an agency employee, the employee of a person contracting
564	with the agency by whom the employee is employed.
565	(3)  No agency employee shall, after retirement or
566	termination, have or hold any employment or contractual
567	relationship with any business entity other than an agency in
568	connection with any contract in which the agency employee
569	participated personally and substantially through decision,
570	approval, disapproval, recommendation, rendering of advice, or
571	investigation while an officer or employee. When the agency
572	employee's position is eliminated and his or her duties are
573	performed by the business entity, this subsection does not
574	prohibit his or her employment or contractual relationship with
575	the business entity if the employee's participation in the
576	contract was limited to recommendation, rendering of advice, or
577	investigation and if the agency head determines that the best
578	interests of the state will be served thereby and provides prior
579	written approval for the particular employee.
580	(4)  No agency employee shall, within 2 years after
581	retirement or termination, have or hold any employment or
582	contractual relationship with any business entity other than an
583	agency in connection with any contract for contractual services
584	which was within his or her responsibility while an employee. If
585	the agency employee's position is eliminated and his or her
586	duties are performed by the business entity, the provisions of
587	this subsection may be waived by the agency head through prior
588	written approval for a particular employee if the agency head
589	determines that the best interests of the state will be served
590	thereby.
591	(5)  The sum of money paid to a former agency employee
592	during the first year after the cessation of his or her
593	responsibilities, by the agency with whom he or she was
594	employed, for contractual services provided to the agency, shall
595	not exceed the annual salary received on the date of cessation
596	of his or her responsibilities. The provisions of This
597	subsection may be waived by the agency head for a particular
598	contract if the agency head determines that such waiver will
599	result in significant time or cost savings for the state.
600	(6)  No agency employee acting in an official capacity
601	shall directly or indirectly procure contractual services for
602	his or her own agency from any business entity of which a
603	relative is an officer, partner, director, or proprietor or in
604	which the such officer or employee or his or her spouse or
605	child, or any combination of them, has a material interest.
606	(7)  A violation of any provision of this section is
607	punishable in accordance with s. 112.317.
608	(8)  This section is not applicable to any employee of the
609	Public Service Commission who was so employed on or before
610	December 31, 1994.
611	Section 10.  Subsection (1) of section 112.321, Florida
612	Statutes, is amended to read:
613	112.321  Membership, terms; travel expenses; staff.--
614	(1)  The commission shall be composed of nine members. Five
615	of these members shall be appointed by the Governor, no more
616	than three of whom shall be from the same political party,
617	subject to confirmation by the Senate. One member appointed by
618	the Governor shall be a former city or county official and may
619	be a former member of a local planning or zoning board which has
620	only advisory duties. Two members shall be appointed by the
621	Speaker of the House of Representatives, and two members shall
622	be appointed by the President of the Senate. Neither the Speaker
623	of the House of Representatives nor the President of the Senate
624	shall appoint more than one member from the same political
625	party. Of the nine members of the commission, no more than five
626	members shall be from the same political party at any one time.
627	No member may hold any public employment. An individual who
628	qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or
629	pursuant to any local government charter or ordinance may not
630	serve as a member of the commission, except that this
631	prohibition does not apply to an individual who is a member of
632	the commission on July 1, 2006, until the expiration of his or
633	her current term. A member of the commission may not lobby any
634	state or local governmental entity as provided in s. 11.045 or
635	s. 112.3215 or as provided by any local government charter or
636	ordinance, except that this prohibition does not apply to an
637	individual who is a member of the commission on July 1, 2006,
638	until the expiration of his or her current term. All members
639	shall serve 2-year terms. No member shall serve more than two
640	full terms in succession. Any member of the commission may be
641	removed for cause by majority vote of the Governor, the
642	President of the Senate, the Speaker of the House of
643	Representatives, and the Chief Justice of the Supreme Court.
644	Section 11.  Paragraph (e) of subsection (5) of section
645	112.3215, Florida Statutes, as amended by chapter 2005-359, Laws
646	of Florida, is amended to read:
647	112.3215  Lobbying before the executive branch or the
648	Constitution Revision Commission; registration and reporting;
649	investigation by commission.--
650	(5)
651	(e)  The commission shall provide by rule the grounds for
652	waiving a fine, the procedures a procedure by which a lobbying
653	firm that fails to timely file a report shall be notified and
654	assessed fines, and the procedure for appealing the fines. The
655	rule shall provide for the following:
656	1.  Upon determining that the report is late, the person
657	designated to review the timeliness of reports shall immediately
658	notify the lobbying firm as to the failure to timely file the
659	report and that a fine is being assessed for each late day. The
660	fine shall be $50 per day per report for each late day up to a
661	maximum of $5,000 per late report.
662	2.  Upon receipt of the report, the person designated to
663	review the timeliness of reports shall determine the amount of
664	the fine due based upon the earliest of the following:
665	a.  When a report is actually received by the lobbyist
666	registration and reporting office.
667	b.  When the report is postmarked.
668	c.  When the certificate of mailing is dated.
669	d.  When the receipt from an established courier company is
670	dated.
671	3.  Such fine shall be paid within 30 days after the notice
672	of payment due is transmitted by the Lobbyist Registration
673	Office, unless appeal is made to the commission. The moneys
674	shall be deposited into the Executive Branch Lobby Registration
675	Trust Fund.
676	4.  A fine shall not be assessed against a lobbying firm
677	the first time any reports for which the lobbying firm is
678	responsible are not timely filed. However, to receive the one-
679	time fine waiver, all reports for which the lobbying firm is
680	responsible must be filed within 30 days after the notice that
681	any reports have not been timely filed is transmitted by the
682	Lobbyist Registration Office. A fine shall be assessed for any
683	subsequent late-filed reports.
684	5.  Any lobbying firm may appeal or dispute a fine, based
685	upon unusual circumstances surrounding the failure to file on
686	the designated due date, and may request and shall be entitled
687	to a hearing before the commission, which shall have the
688	authority to waive the fine in whole or in part for good cause
689	shown. Any such request shall be made within 30 days after the
690	notice of payment due is transmitted by the Lobbyist
691	Registration Office. In such case, the lobbying firm shall,
692	within the 30-day period, notify the person designated to review
693	the timeliness of reports in writing of his or her intention to
694	bring the matter before the commission.
695	6.  The person designated to review the timeliness of
696	reports shall notify the commission of the failure of a lobbying
697	firm to file a report after notice or of the failure of a
698	lobbying firm to pay the fine imposed. All lobbyist
699	registrations for lobbyists who are partners, owners, officers,
700	or employees of a lobbying firm that fails to timely pay a fine
701	are automatically suspended until the fine is paid or waived,
702	and the commission shall promptly notify all affected principals
703	of any suspension or reinstatement.
704	7.  Notwithstanding any provision of chapter 120, any fine
705	imposed under this subsection that is not waived by final order
706	of the commission and that remains unpaid more than 60 days
707	after the notice of payment due or more than 60 days after the
708	commission renders a final order on the lobbying firm's appeal
709	shall be collected by the Department of Financial Services as a
710	claim, debt, or other obligation owed to the state, and the
711	department may assign the collection of such fine to a
712	collection agent as provided in s. 17.20.
713	Section 12.  Effective April 1, 2007, paragraph (d) of
714	subsection (5) of section 112.3215, Florida Statutes, as amended
715	by section 6 of chapter 2005-359, Laws of Florida, is amended to
716	read:
717	112.3215  Lobbying before the executive branch or the
718	Constitution Revision Commission; registration and reporting;
719	investigation by commission.--
720	(5)
721	(d)  The commission shall provide by rule the grounds for
722	waiving a fine, the procedures a procedure by which a lobbying
723	firm that fails to timely file a report shall be notified and
724	assessed fines, and the procedure for appealing the fines. The
725	rule shall provide for the following:
726	1.  Upon determining that the report is late, the person
727	designated to review the timeliness of reports shall immediately
728	notify the lobbying firm as to the failure to timely file the
729	report and that a fine is being assessed for each late day. The
730	fine shall be $50 per day per report for each late day up to a
731	maximum of $5,000 per late report.
732	2.  Upon receipt of the report, the person designated to
733	review the timeliness of reports shall determine the amount of
734	the fine due based upon the earliest of the following:
735	a.  When a report is actually received by the lobbyist
736	registration and reporting office.
737	b.  When the electronic receipt issued pursuant to s.
738	112.32155 is dated.
739	3.  Such fine shall be paid within 30 days after the notice
740	of payment due is transmitted by the Lobbyist Registration
741	Office, unless appeal is made to the commission. The moneys
742	shall be deposited into the Executive Branch Lobby Registration
743	Trust Fund.
744	4.  A fine shall not be assessed against a lobbying firm
745	the first time any reports for which the lobbying firm is
746	responsible are not timely filed. However, to receive the one-
747	time fine waiver, all reports for which the lobbying firm is
748	responsible must be filed within 30 days after the notice that
749	any reports have not been timely filed is transmitted by the
750	Lobbyist Registration Office. A fine shall be assessed for any
751	subsequent late-filed reports.
752	5.  Any lobbying firm may appeal or dispute a fine, based
753	upon unusual circumstances surrounding the failure to file on
754	the designated due date, and may request and shall be entitled
755	to a hearing before the commission, which shall have the
756	authority to waive the fine in whole or in part for good cause
757	shown. Any such request shall be made within 30 days after the
758	notice of payment due is transmitted by the Lobbyist
759	Registration Office. In such case, the lobbying firm shall,
760	within the 30-day period, notify the person designated to review
761	the timeliness of reports in writing of his or her intention to
762	bring the matter before the commission.
763	6.  The person designated to review the timeliness of
764	reports shall notify the commission of the failure of a lobbying
765	firm to file a report after notice or of the failure of a
766	lobbying firm to pay the fine imposed. All lobbyist
767	registrations for lobbyists who are partners, owners, officers,
768	or employees of a lobbying firm that fails to timely pay a fine
769	are automatically suspended until the fine is paid or waived,
770	and the commission shall promptly notify all affected principals
771	of any suspension or reinstatement.
772	7.  Notwithstanding any provision of chapter 120, any fine
773	imposed under this subsection that is not waived by final order
774	of the commission and that remains unpaid more than 60 days
775	after the notice of payment due or more than 60 days after the
776	commission renders a final order on the lobbying firm's appeal
777	shall be collected by the Department of Financial Services as a
778	claim, debt, or other obligation owed to the state, and the
779	department may assign the collection of such fine to a
780	collection agent as provided in s. 17.20.
781	Section 13.  Subsection (4) of section 112.322, Florida
782	Statutes, is amended to read:
783	112.322  Duties and powers of commission.--
784	(4)  The commission has the power to subpoena, audit, and
785	investigate. The commission may subpoena witnesses and compel
786	their attendance and testimony, administer oaths and
787	affirmations, take evidence, and require by subpoena the
788	production of any books, papers, records, or other items
789	relevant to the performance of the duties of the commission or
790	to the exercise of its powers. The commission may delegate to
791	its investigators the authority to administer oaths and
792	affirmations. The commission may delegate the authority to issue
793	subpoenas to its chair, and may authorize its employees to serve
794	any subpoena issued under this section. In the case of a refusal
795	to obey a subpoena issued to any person, the commission may make
796	application to any circuit court of this state which shall have
797	jurisdiction to order the witness to appear before the
798	commission and to produce evidence, if so ordered, or to give
799	testimony touching on the matter in question. Failure to obey
800	the order may be punished by the court as contempt. Witnesses
801	shall be paid mileage and witnesses fees as authorized for
802	witnesses in civil cases, except that a witness who is required
803	to travel outside the county of his or her residence to testify
804	is entitled to per diem and travel expenses at the same rate
805	provided for state employees under s. 112.061, to be paid after
806	the witness appears.
807	Section 14.  Subsections (3) and (4) of section 914.21,
808	Florida Statutes, are amended to read:
809	914.21  Definitions.--As used in ss. 914.22-914.24, the
810	term:
811	(3)  "Official investigation" means any investigation
812	instituted by a law enforcement agency or prosecuting officer of
813	the state or a political subdivision of the state or the
814	Commission on Ethics.
815	(4)  "Official proceeding" means:
816	(a)  A proceeding before a judge or court or a grand jury;
817	(b)  A proceeding before the Legislature; or
818	(c)  A proceeding before a federal agency which is
819	authorized by law; or.
820	(d)  A proceeding before the Commission on Ethics.
821	Section 15.  Except as otherwise expressly provided in this
822	act, this act shall take effect October 1, 2006.

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