Senate Bill sb0880c1
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Florida Senate - 2006 CS for SB 880
By the Committee on Ethics and Elections; and Senator Fasano
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1 A bill to be entitled
2 An act relating to the code of ethics for
3 public officers and employees; amending s.
4 112.312, F.S.; revising definitions of the
5 terms "agency" and "corruptly"; defining the
6 term "quasi-public entity"; amending s.
7 112.313, F.S.; applying provisions of the code
8 which prohibit doing business with one's
9 agency, prohibit conflicting employment or
10 contractual relationships, and limit
11 permissible representations following
12 termination of office or employment to officers
13 and employees of quasi-public entities;
14 providing penalties; amending s. 112.317, F.S.;
15 providing specified penalties for quasi-public
16 officers, former quasi-public officers, and
17 agency employees; providing for procedure
18 against certain complaints filed with malicious
19 intent against quasi-public officers or
20 employees; amending s. 112.324, F.S.; requiring
21 the Commission on Ethics to report findings on
22 investigations of quasi-public officers and
23 employees and former quasi-public officers and
24 employees to the Governor; providing for the
25 management of certain financial interests by a
26 member of the Cabinet; providing for certain
27 provisions in the Code of Ethics to apply to
28 the management of such financial interests;
29 providing for severability; providing an
30 effective date.
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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 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsections (2) and (9) of section 112.312,
18 Florida Statutes, are amended, present subsections (21)
19 through (24) are renumbered as subsections (22) through (25),
20 respectively, and a new subsection (21) is added to that
21 section, to read:
22 112.312 Definitions.--As used in this part and for
23 purposes of the provisions of s. 8, Art. II of the State
24 Constitution, unless the context otherwise requires:
25 (2) "Agency" means any state, regional, county, local,
26 or municipal government entity of this state, whether
27 executive, judicial, or legislative; any department, division,
28 bureau, commission, authority, or political subdivision of
29 this state therein; any quasi-public entity; or any public
30 school, community college, or state university.
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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
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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
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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
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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
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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).
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1 6.5. Any person violating this paragraph shall be
2 subject to the penalties provided in s. 112.317 and a civil
3 penalty of an amount equal to the compensation which the
4 person receives for the prohibited conduct.
5 7.6. This paragraph is not applicable to:
6 a. A person employed by the Legislature or other
7 agency prior to July 1, 1989;
8 b. A person who was employed by the Legislature or
9 other agency on July 1, 1989, whether or not the person was a
10 defined employee on July 1, 1989;
11 c. A person who was a defined employee of the State
12 University System or the Public Service Commission who held
13 such employment on December 31, 1994;
14 d. A person who has reached normal retirement age as
15 defined in s. 121.021(29), and who has retired under the
16 provisions of chapter 121 by July 1, 1991; or
17 e. Any appointed state officer whose term of office
18 began before January 1, 1995, unless reappointed to that
19 office on or after January 1, 1995; or.
20 f. Any officer or employee of a quasi-public entity
21 whose term of office or employment began before July 1, 2006,
22 unless reappointed as an officer to that office on or after
23 July 1, 2006.
24 Section 3. Subsections (1) and (8) of section 112.317,
25 Florida Statutes, are amended to read:
26 112.317 Penalties.--
27 (1) Violation of any provision of this part,
28 including, but not limited to, any failure to file any
29 disclosures required by this part or violation of any standard
30 of conduct imposed by this part, or violation of any provision
31 of s. 8, Art. II of the State Constitution, in addition to any
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1 criminal penalty or other civil penalty involved, shall,
2 pursuant to applicable constitutional and statutory
3 procedures, constitute grounds for, and may be punished by,
4 one or more of the following:
5 (a) In the case of a public or quasi-public officer:
6 1. Impeachment.
7 2. Removal from office.
8 3. Suspension from office.
9 4. Public censure and reprimand.
10 5. Forfeiture of no more than one-third salary per
11 month for no more than 12 months.
12 6. A civil penalty not to exceed $10,000.
13 7. Restitution of any pecuniary benefits received
14 because of the violation committed.
15 (b) In the case of an employee of an agency or a
16 person designated as a public officer by this part who
17 otherwise would be deemed to be an employee:
18 1. Dismissal from employment.
19 2. Suspension from employment for not more than 90
20 days without pay.
21 3. Demotion.
22 4. Reduction in salary level.
23 5. Forfeiture of no more than one-third salary per
24 month for no more than 12 months.
25 6. A civil penalty not to exceed $10,000.
26 7. Restitution of any pecuniary benefits received
27 because of the violation committed.
28 8. Public censure and reprimand.
29 (c) In the case of a candidate who violates the
30 provisions of this part or s. 8(a) and (i), Art. II of the
31 State Constitution:
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1 1. Disqualification from being on the ballot.
2 2. Public censure.
3 3. Reprimand.
4 4. A civil penalty not to exceed $10,000.
5 (d) In the case of a former public or quasi-public
6 officer or employee who has violated a provision applicable to
7 former officers or employees or whose violation occurred prior
8 to such officer's or employee's leaving public or quasi-public
9 office or employment:
10 1. Public censure and reprimand.
11 2. A civil penalty not to exceed $10,000.
12 3. Restitution of any pecuniary benefits received
13 because of the violation committed.
14 (8) In any case in which the commission determines
15 that a person has filed a complaint against a public or
16 quasi-public officer or employee with a malicious intent to
17 injure the reputation of such officer or employee by filing
18 the complaint with knowledge that the complaint contains one
19 or more false allegations or with reckless disregard for
20 whether the complaint contains false allegations of fact
21 material to a violation of this part, the complainant shall be
22 liable for costs plus reasonable attorney's fees incurred in
23 the defense of the person complained against, including the
24 costs and reasonable attorney's fees incurred in proving
25 entitlement to and the amount of costs and fees. If the
26 complainant fails to pay such costs and fees voluntarily
27 within 30 days following such finding by the commission, the
28 commission shall forward such information to the Department of
29 Legal Affairs, which shall bring a civil action in a court of
30 competent jurisdiction to recover the amount of such costs and
31 fees awarded by the commission.
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1 Section 4. Paragraph (d) of subsection (8) of section
2 112.324, Florida Statutes, is amended to read:
3 112.324 Procedures on complaints of violations; public
4 records and meeting exemptions.--
5 (8) If, in cases pertaining to complaints other than
6 complaints against impeachable officers or members of the
7 Legislature, upon completion of a full and final investigation
8 by the commission, the commission finds that there has been a
9 violation of this part or of s. 8, Art. II of the State
10 Constitution, it shall be the duty of the commission to report
11 its findings and recommend appropriate action to the proper
12 disciplinary official or body as follows, and such official or
13 body shall have the power to invoke the penalty provisions of
14 this part, including the power to order the appropriate
15 elections official to remove a candidate from the ballot for a
16 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
17 State Constitution:
18 (d) Except as otherwise provided by this part, the
19 Governor, in the case of any other public or quasi-public
20 officer, public or quasi-public employee, former public or
21 quasi-public officer or public employee, candidate, or former
22 candidate.
23 Section 5. (1) A member of the Cabinet shall, during
24 his or her term of office, place all his or her personal
25 investments in a publicly traded mutual fund or a blind trust
26 at a financial institution. If such member acquires a
27 financial interest that is prohibited by s. 112.313, Florida
28 Statutes, during his or her term of office due to events or
29 actions beyond his or her control, he or she shall immediately
30 sell such financial interest or place it in a blind trust at a
31 financial institution.
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1 (2) A member of the Cabinet may not:
2 (a) Attempt to influence or exercise any control over
3 decisions regarding the management of assets in a blind trust
4 that is created pursuant to subsection (1).
5 (b) Engage, directly or indirectly, in an activity
6 involving any financial interest of that member which violates
7 s. 112.313, Florida Statutes.
8 Section 6. If any provision of this act or the
9 application thereof to any individual or circumstance is held
10 invalid, such invalidity shall not affect other provisions or
11 applications of this act which can be given effect without the
12 invalid provision or application, and to this end the
13 provisions of this act are to be severable.
14 Section 7. This act shall take effect July 1, 2006.
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16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 880
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19 Committee Substitute for Senate Bill 880 removes the proposed
language that would have made portions of the ethics code
20 applicable to private entities which contract with or consult
for quasi-public entities. The CS applies the two-year
21 revolving door prohibition of section 112.313(9), F.S., to
quasi-public entity officers and employees and provides an
22 exemption to this prohibition for those officers and employees
already in office or employed by July 1, 2006. The proposed
23 language applies the penalty provisions of section 112.317 to
quasi-public officers and employees. The bill also requires
24 Cabinet members to place all personal investments into either
a publicly traded mutual fund or blind trust during their term
25 of office.
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