Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 880
                        Barcode 110406
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: 02/FAV          .                    
       04/18/2006 04:34 PM         .                    
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11  The Committee on Ethics and Elections (Sebesta) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (2) and (9) of section 112.312,
19  Florida Statutes, are amended, present subsections (21)
20  through (24) are renumbered as subsections (22) through (25),
21  respectively, and a new subsection (21) is added to that
22  section, to read:
23         112.312  Definitions.--As used in this part and for
24  purposes of the provisions of s. 8, Art. II of the State
25  Constitution, unless the context otherwise requires:
26         (2)  "Agency" means any state, regional, county, local,
27  or municipal government entity of this state, whether
28  executive, judicial, or legislative; any department, division,
29  bureau, commission, authority, or political subdivision of
30  this state therein; any quasi-public entity; or any public
31  school, community college, or state university.
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 (9) "Corruptly" means done with a wrongful intent and 2 for the purpose of obtaining, or compensating or receiving 3 compensation for, any benefit resulting from some act or 4 omission of a public or quasi-public servant which is 5 inconsistent with the proper performance of his or her public 6 or quasi-public duties. 7 (21) "Quasi-public entity" means an entity that has 8 been created by a government entity pursuant to law to 9 accomplish a public purpose and that is not a state or local 10 government entity. 11 Section 2. Subsection (3), paragraph (a) of subsection 12 (7), and paragraph (a) of subsection (9) of section 112.313, 13 Florida Statutes, are amended to read: 14 112.313 Standards of conduct for public officers, 15 employees of agencies, and local government attorneys.-- 16 (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of 17 an agency acting in his or her official capacity as a 18 purchasing agent, or public officer acting in his or her 19 official capacity, shall either directly or indirectly 20 purchase, rent, or lease any realty, goods, or services for 21 his or her own agency from any business entity of which the 22 officer or employee or the officer's or employee's spouse or 23 child is an officer, partner, director, or proprietor or in 24 which such officer or employee or the officer's or employee's 25 spouse or child, or any combination of them, has a material 26 interest. Nor shall a public officer or employee, acting in a 27 private capacity, rent, lease, or sell any realty, goods, or 28 services to the officer's or employee's own agency, if he or 29 she is a state or quasi-public entity officer or employee, or 30 to any political subdivision or any agency thereof, if he or 31 she is serving as an officer or employee of that political 2 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 subdivision. The foregoing shall not apply to district offices 2 maintained by legislators when such offices are located in the 3 legislator's place of business or when such offices are on 4 property wholly or partially owned by the legislator. This 5 subsection shall not affect or be construed to prohibit 6 contracts entered into prior to: 7 (a) October 1, 1975. 8 (b) Qualification for elective office. 9 (c) Appointment to public office. 10 (d) Beginning public employment. 11 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL 12 RELATIONSHIP.-- 13 (a) No public officer or employee of an agency shall 14 have or hold any employment or contractual relationship with 15 any business entity or any agency which is subject to the 16 regulation of, or is doing business with, an agency of which 17 he or she is an officer or employee, excluding those 18 organizations and their officers who, when acting in their 19 official capacity, enter into or negotiate a collective 20 bargaining contract with the state or any municipality, 21 county, or other political subdivision of the state; nor shall 22 an officer or employee of an agency have or hold any 23 employment or contractual relationship that will create a 24 continuing or frequently recurring conflict between his or her 25 private interests and the performance of his or her public or 26 quasi-public duties or that would impede the full and faithful 27 discharge of his or her public or quasi-public duties. 28 1. When the agency referred to is that certain kind of 29 special tax district created by general or special law and is 30 limited specifically to constructing, maintaining, managing, 31 and financing improvements in the land area over which the 3 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 agency has jurisdiction, or when the agency has been organized 2 pursuant to chapter 298, then employment with, or entering 3 into a contractual relationship with, such business entity by 4 a public officer or employee of such agency shall not be 5 prohibited by this subsection or be deemed a conflict per se. 6 However, conduct by such officer or employee that is 7 prohibited by, or otherwise frustrates the intent of, this 8 section shall be deemed a conflict of interest in violation of 9 the standards of conduct set forth by this section. 10 2. When the agency referred to is a legislative body 11 and the regulatory power over the business entity resides in 12 another agency, or when the regulatory power which the 13 legislative body exercises over the business entity or agency 14 is strictly through the enactment of laws or ordinances, then 15 employment or a contractual relationship with such business 16 entity by a public officer or employee of a legislative body 17 shall not be prohibited by this subsection or be deemed a 18 conflict. 19 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT 20 FOR LEGISLATORS, AND LEGISLATIVE EMPLOYEES, AND OTHER 21 PERSONS.-- 22 (a)1. It is the intent of the Legislature to implement 23 by statute the provisions of s. 8(e), Art. II of the State 24 Constitution relating to legislators, statewide elected 25 officers, appointed state officers, and designated public 26 employees. 27 2. As used in this paragraph: 28 a. "Employee" means: 29 (I) Any person employed in the executive or 30 legislative branch of government holding a position in the 31 Senior Management Service as defined in s. 110.402 or any 4 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 person holding a position in the Selected Exempt Service as 2 defined in s. 110.602 or any person having authority over 3 policy or procurement employed by the Department of the 4 Lottery. 5 (II) The Auditor General, the director of the Office 6 of Program Policy Analysis and Government Accountability, the 7 Sergeant at Arms and Secretary of the Senate, and the Sergeant 8 at Arms and Clerk of the House of Representatives. 9 (III) The executive director of the Legislative 10 Committee on Intergovernmental Relations and the executive 11 director and deputy executive director of the Commission on 12 Ethics. 13 (IV) An executive director, staff director, or deputy 14 staff director of each joint committee, standing committee, or 15 select committee of the Legislature; an executive director, 16 staff director, executive assistant, analyst, or attorney of 17 the Office of the President of the Senate, the Office of the 18 Speaker of the House of Representatives, the Senate Majority 19 Party Office, Senate Minority Party Office, House Majority 20 Party Office, or House Minority Party Office; or any person, 21 hired on a contractual basis, having the power normally 22 conferred upon such persons, by whatever title. 23 (V) The Chancellor and Vice Chancellors of the State 24 University System; the general counsel to the Board of 25 Regents; and the president, vice presidents, and deans of each 26 state university. 27 (VI) Any person having the power normally conferred 28 upon the positions referenced in this sub-subparagraph. 29 b. "Appointed state officer" means any member of an 30 appointive board, commission, committee, council, or authority 31 of the executive or legislative branch of state government 5 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 whose powers, jurisdiction, and authority are not solely 2 advisory and include the final determination or adjudication 3 of any personal or property rights, duties, or obligations, 4 other than those relative to its internal operations. 5 c. "State agency" means an entity of the legislative, 6 executive, or judicial branch of state government over which 7 the Legislature exercises plenary budgetary and statutory 8 control. 9 3. No member of the Legislature, appointed state 10 officer, or statewide elected officer shall personally 11 represent another person or entity for compensation before the 12 government body or agency of which the individual was an 13 officer or member for a period of 2 years following vacation 14 of office. No member of the Legislature shall personally 15 represent another person or entity for compensation during his 16 or her term of office before any state agency other than 17 judicial tribunals or in settlement negotiations after the 18 filing of a lawsuit. 19 4. No agency employee shall personally represent 20 another person or entity for compensation before the agency 21 with which he or she was employed for a period of 2 years 22 following vacation of position, unless employed by another 23 agency of state government. 24 5. No employee of a quasi-public entity the duties of 25 whose position are managerial, policymaking, or professional 26 in nature and no officer of a quasi-public entity shall 27 personally represent another person or entity for compensation 28 before the agency with which he or she was employed for a 29 period of 2 years following vacation of position unless 30 employed by another agency as defined in s. 112.312(2). 31 6.5. Any person violating this paragraph shall be 6 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 subject to the penalties provided in s. 112.317 and a civil 2 penalty of an amount equal to the compensation which the 3 person receives for the prohibited conduct. 4 7.6. This paragraph is not applicable to: 5 a. A person employed by the Legislature or other 6 agency prior to July 1, 1989; 7 b. A person who was employed by the Legislature or 8 other agency on July 1, 1989, whether or not the person was a 9 defined employee on July 1, 1989; 10 c. A person who was a defined employee of the State 11 University System or the Public Service Commission who held 12 such employment on December 31, 1994; 13 d. A person who has reached normal retirement age as 14 defined in s. 121.021(29), and who has retired under the 15 provisions of chapter 121 by July 1, 1991; or 16 e. Any appointed state officer whose term of office 17 began before January 1, 1995, unless reappointed to that 18 office on or after January 1, 1995; or. 19 f. Any officer or employee of a quasi-public entity 20 whose term of office or employment began before July 1, 2006, 21 unless reappointed as an officer to that office on or after 22 July 1, 2006. 23 Section 3. Subsections (1) and (8) of section 112.317, 24 Florida Statutes, are amended to read: 25 112.317 Penalties.-- 26 (1) Violation of any provision of this part, 27 including, but not limited to, any failure to file any 28 disclosures required by this part or violation of any standard 29 of conduct imposed by this part, or violation of any provision 30 of s. 8, Art. II of the State Constitution, in addition to any 31 criminal penalty or other civil penalty involved, shall, 7 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 pursuant to applicable constitutional and statutory 2 procedures, constitute grounds for, and may be punished by, 3 one or more of the following: 4 (a) In the case of a public or quasi-public officer: 5 1. Impeachment. 6 2. Removal from office. 7 3. Suspension from office. 8 4. Public censure and reprimand. 9 5. Forfeiture of no more than one-third salary per 10 month for no more than 12 months. 11 6. A civil penalty not to exceed $10,000. 12 7. Restitution of any pecuniary benefits received 13 because of the violation committed. 14 (b) In the case of an employee of an agency or a 15 person designated as a public officer by this part who 16 otherwise would be deemed to be an employee: 17 1. Dismissal from employment. 18 2. Suspension from employment for not more than 90 19 days without pay. 20 3. Demotion. 21 4. Reduction in salary level. 22 5. Forfeiture of no more than one-third salary per 23 month for no more than 12 months. 24 6. A civil penalty not to exceed $10,000. 25 7. Restitution of any pecuniary benefits received 26 because of the violation committed. 27 8. Public censure and reprimand. 28 (c) In the case of a candidate who violates the 29 provisions of this part or s. 8(a) and (i), Art. II of the 30 State Constitution: 31 1. Disqualification from being on the ballot. 8 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 2. Public censure. 2 3. Reprimand. 3 4. A civil penalty not to exceed $10,000. 4 (d) In the case of a former public or quasi-public 5 officer or employee who has violated a provision applicable to 6 former officers or employees or whose violation occurred prior 7 to such officer's or employee's leaving public or quasi-public 8 office or employment: 9 1. Public censure and reprimand. 10 2. A civil penalty not to exceed $10,000. 11 3. Restitution of any pecuniary benefits received 12 because of the violation committed. 13 (8) In any case in which the commission determines 14 that a person has filed a complaint against a public or 15 quasi-public officer or employee with a malicious intent to 16 injure the reputation of such officer or employee by filing 17 the complaint with knowledge that the complaint contains one 18 or more false allegations or with reckless disregard for 19 whether the complaint contains false allegations of fact 20 material to a violation of this part, the complainant shall be 21 liable for costs plus reasonable attorney's fees incurred in 22 the defense of the person complained against, including the 23 costs and reasonable attorney's fees incurred in proving 24 entitlement to and the amount of costs and fees. If the 25 complainant fails to pay such costs and fees voluntarily 26 within 30 days following such finding by the commission, the 27 commission shall forward such information to the Department of 28 Legal Affairs, which shall bring a civil action in a court of 29 competent jurisdiction to recover the amount of such costs and 30 fees awarded by the commission. 31 Section 4. Paragraph (d) of subsection (8) of section 9 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 112.324, Florida Statutes, is amended to read: 2 112.324 Procedures on complaints of violations; public 3 records and meeting exemptions.-- 4 (8) If, in cases pertaining to complaints other than 5 complaints against impeachable officers or members of the 6 Legislature, upon completion of a full and final investigation 7 by the commission, the commission finds that there has been a 8 violation of this part or of s. 8, Art. II of the State 9 Constitution, it shall be the duty of the commission to report 10 its findings and recommend appropriate action to the proper 11 disciplinary official or body as follows, and such official or 12 body shall have the power to invoke the penalty provisions of 13 this part, including the power to order the appropriate 14 elections official to remove a candidate from the ballot for a 15 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the 16 State Constitution: 17 (d) Except as otherwise provided by this part, the 18 Governor, in the case of any other public or quasi-public 19 officer, public or quasi-public employee, former public or 20 quasi-public officer or public employee, candidate, or former 21 candidate. 22 Section 5. If any provision of this act or the 23 application thereof to any individual or circumstance is held 24 invalid, such invalidity shall not affect other provisions or 25 applications of this act which can be given effect without the 26 invalid provision or application, and to this end the 27 provisions of this act are to be severable. 28 Section 6. This act shall take effect July 1, 2006. 29 30 31 10 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to the code of ethics for 8 public officers and employees; amending s. 9 112.312, F.S.; revising definitions of the 10 terms "agency" and "corruptly"; defining the 11 term "quasi-public entity"; amending s. 12 112.313, F.S.; applying provisions of the code 13 which prohibit doing business with one's 14 agency, prohibit conflicting employment or 15 contractual relationships, and limit 16 permissible representations following 17 termination of office or employment to officers 18 and employees of quasi-public entities; 19 providing penalties; amending s. 112.317, F.S.; 20 providing specified penalties for quasi-public 21 officers, former quasi-public officers, and 22 agency employees; providing for procedure 23 against certain complaints filed with malicious 24 intent against quasi-public officers or 25 employees; amending s. 112.324, F.S.; requiring 26 the Commission on Ethics to report findings on 27 investigations of quasi-public officers and 28 employees and former quasi-public officers and 29 employees to the Governor; providing for 30 severability; providing an effective date. 31 11 10:11 AM 04/14/06 s0880d-ee16-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 880 Barcode 110406 1 WHEREAS, the people of Florida through Article II, 2 Section 8 of the Florida Constitution require that individuals 3 holding offices or employment on behalf of the state do so in 4 public trust, and 5 WHEREAS, the Legislature has determined persons in 6 positions of public trust must meet the highest level of 7 professionalism and ethical standards and that the law shall 8 protect against any conflict of interest, and 9 WHEREAS, officers and employees of quasi-public 10 entities created for a public purpose must be prohibited from 11 breaching the public trust for personal gain and must be held 12 to the same code of ethics as public officers and employees, 13 NOW, THEREFORE, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 10:11 AM 04/14/06 s0880d-ee16-t01