Senate Bill sb2166
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Florida Senate - 2007 SB 2166
By the Committee on Ethics and Elections; and Senators
Constantine, Rich, Justice, Jones, Atwater and Alexander
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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.; redefining the term "business
5 entity" to include a company; amending s.
6 112.3143, F.S.; modifying the disclosure
7 requirements for a state officer when voting in
8 an official capacity; modifying the disclosure
9 requirements for an appointed state officer
10 participating in certain matters; creating an
11 exception for a state officer when the
12 officer's principal is an agency as defined in
13 s. 112.312(2), F.S.; modifying the disclosure
14 requirements for a local officer when
15 prohibited from voting; prohibiting a local
16 officer from participating in any matter
17 involving certain special benefits; creating
18 exceptions; amending s. 112.3145, F.S.;
19 redefining the term "local officer" to include
20 an appointed member of the board of a community
21 redevelopment agency, a finance director of a
22 local government or other political
23 subdivision, and certain special masters for a
24 political subdivision; requiring a financial
25 interest statement to show the statutory method
26 used to disclose a reporting individual's
27 financial interests; amending s. 112.3148,
28 F.S.; redefining the term "procurement
29 employee"; prohibiting a reporting individual
30 or procurement employee from soliciting a gift
31 from certain vendors; prohibiting such
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1 individual or employee from knowingly accepting
2 a gift in excess of a specified value from
3 certain vendors; prohibiting certain vendors
4 from making such a gift to such individual or
5 employee; amending s. 112.3149, F.S.;
6 redefining the term "procurement employee";
7 prohibiting a reporting individual or
8 procurement employee from knowingly accepting
9 an honorarium from certain vendors; prohibiting
10 certain vendors from giving an honorarium to
11 such individual or employee; amending s.
12 112.3215, F.S.; requiring that the Ethics
13 Commission investigate complaints alleging
14 prohibited expenditures; providing for the
15 investigation of lobbyists and principals under
16 certain circumstances; requiring that a fine be
17 assessed against a person who fails to provide
18 required information or who provides false
19 information; creating s. 112.3136, F.S.;
20 specifying standards of conduct for officers
21 and employees of entities serving as the chief
22 administrative officer of a political
23 subdivision; amending s. 112.317, F.S.;
24 providing for penalties to be imposed against
25 persons other than lobbyists or public officers
26 and employees; amending s. 112.324, F.S.;
27 providing for the commission to report to the
28 Governor violations involving persons other
29 than lobbyists or public officers and
30 employees; amending s. 411.01, F.S., relating
31
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1 to school readiness programs; conforming a
2 cross-reference; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (5) of section 112.312, Florida
7 Statutes, is amended to read:
8 112.312 Definitions.--As used in this part and for
9 purposes of the provisions of s. 8, Art. II of the State
10 Constitution, unless the context otherwise requires:
11 (5) "Business entity" means any corporation, company,
12 partnership, limited partnership, proprietorship, firm,
13 enterprise, franchise, association, self-employed individual,
14 or trust, whether fictitiously named or not, doing business in
15 this state.
16 Section 2. Section 112.3143, Florida Statutes, is
17 amended to read:
18 112.3143 Voting conflicts.--
19 (1) As used in this section:
20 (a) "Public officer" includes any person elected or
21 appointed to hold office in any agency, including any person
22 serving on an advisory body.
23 (b) "Relative" means any father, mother, son,
24 daughter, husband, wife, brother, sister, father-in-law,
25 mother-in-law, son-in-law, or daughter-in-law.
26 (2) A No state public officer is not prohibited from
27 voting in an official capacity on any matter. However, any
28 state public officer voting in an official capacity upon any
29 measure that which would inure to the officer's special
30 private gain or loss; that which he or she knows would inure
31 to the special private gain or loss of any principal by whom
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1 the officer is retained or to the parent organization or
2 subsidiary of a corporate principal by which the officer is
3 retained, other than an agency as defined in s. 112.312(2); or
4 that which the officer knows would inure to the special
5 private gain or loss of a relative or business associate of
6 the public officer shall, within 15 days after the vote
7 occurs, disclose the nature of all of his or her interests in
8 the matter, and disclose the nature of all of the interests of
9 his or her principals, relatives, or business associates which
10 are known to him or her, his or her interest as a public
11 record in a memorandum filed with the person responsible for
12 recording the minutes of the meeting, who shall incorporate
13 the memorandum in the minutes.
14 (3) An appointed state public officer may not
15 participate in any matter that would inure to the officer's
16 special private gain or loss; that the officer knows would
17 inure to the special private gain or loss of any principal by
18 whom he or she is retained or to the parent organization or
19 subsidiary of a corporate principal by which he or she is
20 retained, other than an agency as defined in s. 112.312(2); or
21 that he or she knows would inure to the special private gain
22 or loss of a relative or business associate of the public
23 officer, without first disclosing the nature of his or her
24 interest in the matter.
25 (a) Such disclosure, indicating the nature of all of
26 his or her interests in the matter and disclosing the nature
27 of all of the interests of the principals, relatives, or
28 business associates which are known to him or her, shall be
29 made in a written memorandum and filed with the person
30 responsible for recording the minutes of the meeting before
31 the meeting in which consideration of the matter will take
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1 place, and shall be incorporated into the minutes. Any such
2 memorandum becomes a public record upon filing, shall
3 immediately be provided to the other members of the agency,
4 and shall be read publicly at the next meeting held subsequent
5 to the filing of this written memorandum.
6 (b) If disclosure is not made before the meeting or if
7 any conflict is unknown before the meeting, the disclosure
8 shall be made orally at the meeting when it becomes known that
9 a conflict exists. The written memorandum disclosing the
10 nature of the conflict must be filed within 15 days after the
11 oral disclosure with the person responsible for recording the
12 minutes of the meeting and shall be incorporated into the
13 minutes of the meeting at which the oral disclosure was made.
14 Any such memorandum becomes a public record upon filing, shall
15 immediately be provided to the other members of the agency,
16 and shall be read publicly at the next meeting held subsequent
17 to the filing of this written memorandum.
18 (4)(3)(a) A No county, municipal, or other local
19 public officer may not shall vote in an official capacity upon
20 any measure that which would inure to his or her special
21 private gain or loss; that which he or she knows would inure
22 to the special private gain or loss of any principal by whom
23 he or she is retained or to the parent organization or
24 subsidiary of a corporate principal by which he or she is
25 retained, other than an agency as defined in s. 112.312(2); or
26 that which he or she knows would inure to the special private
27 gain or loss of a relative or business associate of the public
28 officer. Such public officer shall, before prior to the vote
29 is being taken, publicly state to the assembly the nature of
30 all of the officer's interests interest in the matter, and all
31 of the interests in the matter of his or her principals,
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1 relatives, or business associates which are known to him or
2 her, from which he or she is abstaining from voting and,
3 within 15 days after the vote occurs, disclose the nature of
4 all of his or her interests in the matter, and disclose the
5 nature of all of the interests of his or her principals,
6 relatives, or business associates which are known to him or
7 her, his or her interest as a public record in a memorandum
8 filed with the person responsible for recording the minutes of
9 the meeting, who shall incorporate the memorandum in the
10 minutes.
11 (b) However, a commissioner of a community
12 redevelopment agency created or designated pursuant to s.
13 163.356 or s. 163.357, or an officer of an independent special
14 tax district elected on a one-acre, one-vote basis, is not
15 prohibited from voting, when voting in that said capacity.
16 (4) No appointed public officer shall participate in
17 any matter which would inure to the officer's special private
18 gain or loss; which the officer knows would inure to the
19 special private gain or loss of any principal by whom he or
20 she is retained or to the parent organization or subsidiary of
21 a corporate principal by which he or she is retained; or which
22 he or she knows would inure to the special private gain or
23 loss of a relative or business associate of the public
24 officer, without first disclosing the nature of his or her
25 interest in the matter.
26 (a) Such disclosure, indicating the nature of the
27 conflict, shall be made in a written memorandum filed with the
28 person responsible for recording the minutes of the meeting,
29 prior to the meeting in which consideration of the matter will
30 take place, and shall be incorporated into the minutes. Any
31 such memorandum shall become a public record upon filing,
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1 shall immediately be provided to the other members of the
2 agency, and shall be read publicly at the next meeting held
3 subsequent to the filing of this written memorandum.
4 (b) In the event that disclosure has not been made
5 prior to the meeting or that any conflict is unknown prior to
6 the meeting, the disclosure shall be made orally at the
7 meeting when it becomes known that a conflict exists. A
8 written memorandum disclosing the nature of the conflict shall
9 then be filed within 15 days after the oral disclosure with
10 the person responsible for recording the minutes of the
11 meeting and shall be incorporated into the minutes of the
12 meeting at which the oral disclosure was made. Any such
13 memorandum shall become a public record upon filing, shall
14 immediately be provided to the other members of the agency,
15 and shall be read publicly at the next meeting held subsequent
16 to the filing of this written memorandum.
17 (5) A county, municipal, or other local public officer
18 may not participate in any matter that would inure to the
19 officer's special private gain or loss or to that of any
20 principal by whom he or she is retained, or to the parent
21 organization or subsidiary of a corporate principal by which
22 he or she is retained, other than an agency as defined in s.
23 112.312(2), or that he or she knows would inure to the special
24 private gain or loss of a relative or business associate of
25 the public officer. However, a commissioner of a community
26 redevelopment agency created or designated under s. 163.356 or
27 s. 163.357, or an officer of an independent special tax
28 district who is elected on a one-acre, one-vote basis, is not
29 prohibited from participating in a matter in which he or she
30 has a voting conflict of interest as provided in this section.
31
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1 (6)(c) For purposes of this section subsection, the
2 term "participate" means any attempt to influence the decision
3 by oral or written communication, whether made by the officer
4 or at the officer's direction.
5 (7)(5) Whenever a public officer or former public
6 officer is being considered for appointment or reappointment
7 to public office, the appointing body shall consider the
8 number and nature of the memoranda of conflict previously
9 filed under this section by the said officer.
10 Section 3. Paragraph (a) of subsection (1) and
11 subsection (3) of section 112.3145, Florida Statutes, are
12 amended to read:
13 112.3145 Disclosure of financial interests and clients
14 represented before agencies.--
15 (1) For purposes of this section, unless the context
16 otherwise requires, the term:
17 (a) "Local officer" means:
18 1. Every person who is elected to office in any
19 political subdivision of the state, and every person who is
20 appointed to fill a vacancy for an unexpired term in such an
21 elective office.
22 2. Any appointed member of any of the following
23 boards, councils, commissions, authorities, or other bodies of
24 any county, municipality, school district, independent special
25 district, or other political subdivision of the state:
26 a. The governing body of the political subdivision, if
27 appointed;
28 b. An expressway authority or transportation authority
29 established by general law;
30 c. A community college or junior college district
31 board of trustees;
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1 d. A board having the power to enforce local code
2 provisions;
3 e. A planning or zoning board, board of adjustment,
4 board of appeals, community redevelopment agency board, or
5 other board having the power to recommend, create, or modify
6 land planning or zoning within the political subdivision,
7 except for citizen advisory committees, technical coordinating
8 committees, and such other groups who only have the power to
9 make recommendations to planning or zoning boards;
10 f. A pension board or retirement board having the
11 power to invest pension or retirement funds or the power to
12 make a binding determination of one's entitlement to or amount
13 of a pension or other retirement benefit; or
14 g. Any other appointed member of a local government
15 board who is required to file a statement of financial
16 interests by the appointing authority or the enabling
17 legislation, ordinance, or resolution creating the board.
18 3. Any person holding one or more of the following
19 positions: mayor; county or city manager; chief administrative
20 employee of a county, municipality, or other political
21 subdivision; county or municipal attorney; finance director of
22 a county, municipality, or other political subdivisions; chief
23 county or municipal building code inspector; county or
24 municipal water resources coordinator; county or municipal
25 pollution control director; county or municipal environmental
26 control director; county or municipal administrator, with
27 power to grant or deny a land development permit; chief of
28 police; fire chief; municipal clerk; district school
29 superintendent; community college president; district medical
30 examiner; special master for a political subdivision who has
31 the authority to determine or adjudicate any personal or
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1 property rights, duties, or obligations; or purchasing agent
2 having the authority to make any purchase exceeding the
3 threshold amount provided for in s. 287.017 for CATEGORY ONE,
4 on behalf of any political subdivision of the state or any
5 entity thereof.
6 (3) The statement of financial interests for state
7 officers, specified state employees, local officers, and
8 persons seeking to qualify as candidates for state or local
9 office shall be filed even if the reporting person holds no
10 financial interests requiring disclosure, in which case the
11 statement shall be marked "not applicable." Otherwise, the
12 statement of financial interests, which must be specified on
13 the reporting form, shall include, at the filer's option,
14 either:
15 (a)1. All sources of income in excess of 5 percent of
16 the gross income received during the disclosure period by the
17 person in his or her own name or by any other person for his
18 or her use or benefit, excluding public salary. However, this
19 shall not be construed to require disclosure of a business
20 partner's sources of income. The person reporting shall list
21 such sources in descending order of value with the largest
22 source first;
23 2. All sources of income to a business entity in
24 excess of 10 percent of the gross income of a business entity
25 in which the reporting person held a material interest and
26 from which he or she received an amount which was in excess of
27 10 percent of his or her gross income during the disclosure
28 period and which exceeds $1,500. The period for computing the
29 gross income of the business entity is the fiscal year of the
30 business entity which ended on, or immediately prior to, the
31 end of the disclosure period of the person reporting;
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1 3. The location or description of real property in
2 this state, except for residences and vacation homes, owned
3 directly or indirectly by the person reporting, when such
4 person owns in excess of 5 percent of the value of such real
5 property, and a general description of any intangible personal
6 property worth in excess of 10 percent of such person's total
7 assets. For the purposes of this paragraph, indirect
8 ownership does not include ownership by a spouse or minor
9 child; and
10 4. Every individual liability that equals more than
11 the reporting person's net worth; or
12 (b)1. All sources of gross income in excess of $2,500
13 received during the disclosure period by the person in his or
14 her own name or by any other person for his or her use or
15 benefit, excluding public salary. However, this shall not be
16 construed to require disclosure of a business partner's
17 sources of income. The person reporting shall list such
18 sources in descending order of value with the largest source
19 first;
20 2. All sources of income to a business entity in
21 excess of 10 percent of the gross income of a business entity
22 in which the reporting person held a material interest and
23 from which he or she received gross income exceeding $5,000
24 during the disclosure period. The period for computing the
25 gross income of the business entity is the fiscal year of the
26 business entity which ended on, or immediately prior to, the
27 end of the disclosure period of the person reporting;
28 3. The location or description of real property in
29 this state, except for residence and vacation homes, owned
30 directly or indirectly by the person reporting, when such
31 person owns in excess of 5 percent of the value of such real
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1 property, and a general description of any intangible personal
2 property worth in excess of $10,000. For the purpose of this
3 paragraph, indirect ownership does not include ownership by a
4 spouse or minor child; and
5 4. Every liability in excess of $10,000.
6 Section 4. Paragraph (e) of subsection (2), subsection
7 (3), subsection (4), and paragraph (a) of subsection (5) of
8 section 112.3148, Florida Statutes, are amended to read:
9 112.3148 Reporting and prohibited receipt of gifts by
10 individuals filing full or limited public disclosure of
11 financial interests and by procurement employees.--
12 (2) As used in this section:
13 (e) "Procurement employee" means any employee of an
14 officer, department, board, commission, or council, or agency
15 of the executive branch or judicial branch of state government
16 who has participated in the preceding 12 months participates
17 through decision, approval, disapproval, recommendation,
18 preparation of any part of a purchase request, influencing the
19 content of any specification or procurement standard,
20 rendering of advice, investigation, or auditing or in any
21 other advisory capacity in the procurement of contractual
22 services or commodities as defined in s. 287.012, if the cost
23 of such services or commodities exceeds $10,000 $1,000 in any
24 fiscal year.
25 (3) A reporting individual or procurement employee is
26 prohibited from soliciting any gift from a political committee
27 or committee of continuous existence, as defined in s.
28 106.011, from a vendor doing business with the reporting
29 individual's or procurement employee's agency, or from a
30 lobbyist who lobbies the reporting individual's or procurement
31 employee's agency, or the partner, firm, employer, or
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1 principal of such lobbyist, where such gift is for the
2 personal benefit of the reporting individual or procurement
3 employee, another reporting individual or procurement
4 employee, or any member of the immediate family of a reporting
5 individual or procurement employee.
6 (4) A reporting individual or procurement employee or
7 any other person on his or her behalf is prohibited from
8 knowingly accepting, directly or indirectly, a gift from a
9 political committee or committee of continuous existence, as
10 defined in s. 106.011, from a vendor doing business with the
11 reporting individual's or procurement employee's agency, or
12 from a lobbyist who lobbies the reporting individual's or
13 procurement employee's agency, or directly or indirectly on
14 behalf of the partner, firm, employer, or principal of a
15 lobbyist, if he or she knows or reasonably believes that the
16 gift has a value in excess of $100; however, such a gift may
17 be accepted by such person on behalf of a governmental entity
18 or a charitable organization. If the gift is accepted on
19 behalf of a governmental entity or charitable organization,
20 the person receiving the gift shall not maintain custody of
21 the gift for any period of time beyond that reasonably
22 necessary to arrange for the transfer of custody and ownership
23 of the gift.
24 (5)(a) A political committee or a committee of
25 continuous existence, as defined in s. 106.011; a vendor doing
26 business with the reporting individual's or procurement
27 employee's agency; a lobbyist who lobbies a reporting
28 individual's or procurement employee's agency; the partner,
29 firm, employer, or principal of a lobbyist; or another on
30 behalf of the lobbyist or partner, firm, principal, or
31 employer of the lobbyist is prohibited from giving, either
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1 directly or indirectly, a gift that has a value in excess of
2 $100 to the reporting individual or procurement employee or
3 any other person on his or her behalf; however, such person
4 may give a gift having a value in excess of $100 to a
5 reporting individual or procurement employee if the gift is
6 intended to be transferred to a governmental entity or a
7 charitable organization.
8 Section 5. Paragraph (e) of subsection (1), and
9 subsections (3) and (4) of section 112.3149, Florida Statutes,
10 are amended to read:
11 112.3149 Solicitation and disclosure of honoraria.--
12 (1) As used in this section:
13 (e) "Procurement employee" means any employee of an
14 officer, department, board, commission, or council, or agency
15 of the executive branch or judicial branch of state government
16 who has participated in the preceding 12 months participates
17 through decision, approval, disapproval, recommendation,
18 preparation of any part of a purchase request, influencing the
19 content of any specification or procurement standard,
20 rendering of advice, investigation, or auditing or in any
21 other advisory capacity in the procurement of contractual
22 services or commodities as defined in s. 287.012, if the cost
23 of such services or commodities exceeds $10,000 $1,000 in any
24 fiscal year.
25 (3) A reporting individual or procurement employee is
26 prohibited from knowingly accepting an honorarium from a
27 political committee or committee of continuous existence, as
28 defined in s. 106.011, from a vendor doing business with the
29 reporting individual's or procurement employee's agency, from
30 a lobbyist who lobbies the reporting individual's or
31
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1 procurement employee's agency, or from the employer,
2 principal, partner, or firm of such a lobbyist.
3 (4) A political committee or committee of continuous
4 existence, as defined in s. 106.011, a vendor doing business
5 with the reporting individual's or procurement employee's
6 agency, a lobbyist who lobbies a reporting individual's or
7 procurement employee's agency, or the employer, principal,
8 partner, or firm of such a lobbyist is prohibited from giving
9 an honorarium to a reporting individual or procurement
10 employee.
11 Section 6. Subsection (8) of section 112.3215, Florida
12 Statutes, is amended, present subsections (11), (12), (13),
13 and (14) of that section are redesignated as subsections (12),
14 (13), (14), and (15), respectively, and a new subsection (11)
15 is added to that section, to read:
16 112.3215 Lobbying before the executive branch or the
17 Constitution Revision Commission; registration and reporting;
18 investigation by commission.--
19 (8)(a) The commission shall investigate every sworn
20 complaint that is filed with it alleging that a person covered
21 by this section has failed to register, has failed to submit a
22 compensation report, has made a prohibited expenditure, or has
23 knowingly submitted false information in any report or
24 registration required in this section.
25 (b) All proceedings, the complaint, and other records
26 relating to the investigation are confidential and exempt from
27 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
28 State Constitution, and any meetings held pursuant to an
29 investigation are exempt from the provisions of s. 286.011(1)
30 and s. 24(b), Art. I of the State Constitution either until
31 the alleged violator requests in writing that such
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1 investigation and associated records and meetings be made
2 public or until the commission determines, based on the
3 investigation, whether probable cause exists to believe that a
4 violation has occurred.
5 (c) The commission shall investigate any lobbying
6 firm, lobbyist, principal, agency, officer, or employee upon
7 receipt of information from a sworn complaint or from a random
8 audit of lobbying reports indicating a possible violation
9 other than a late-filed report.
10 (d) Records relating to an audit conducted pursuant to
11 this section or an investigation conducted pursuant to this
12 section or s. 112.32155 are confidential and exempt from s.
13 119.07(1) and s. 24(a), Art. I of the State Constitution, and
14 any meetings held pursuant to such an investigation or at
15 which such an audit is discussed are exempt from s. 286.011
16 and s. 24(b), Art. I of the State Constitution either until
17 the lobbying firm requests in writing that such investigation
18 and associated records and meetings be made public or until
19 the commission determines there is probable cause that the
20 audit reflects a violation of the reporting laws. This
21 paragraph is subject to the Open Government Sunset Review Act
22 in accordance with s. 119.15 and shall stand repealed on
23 October 2, 2011, unless reviewed and saved from repeal through
24 reenactment by the Legislature.
25 (11) Any person who is required to be registered or to
26 provide information under this section or under rules
27 established pursuant to this section and who knowingly fails
28 to disclose any material fact that is required by this section
29 or by rules established pursuant to this section, or who
30 knowingly provides false information on any report required by
31 this section or by rules established pursuant to this section,
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1 commits a noncriminal infraction, punishable by a fine not to
2 exceed $5,000. Such penalty is in addition to any other
3 penalty assessed by the Governor and Cabinet pursuant to
4 subsection (10).
5 Section 7. Section 112.3136, Florida Statutes, is
6 created to read:
7 112.3136 Standards of conduct for officers and
8 employees of entities serving as chief administrative officer
9 of political subdivisions.--The officers, directors, and chief
10 executive officer of a corporation, partnership, or other
11 business entity that is serving as the chief administrative or
12 executive officer or employee of a political subdivision, and
13 any business entity employee who is acting as the chief
14 administrative or executive officer or employee of the
15 political subdivision, are public officers and employees who
16 are subject to the following standards of conduct of this
17 part:
18 (1) Section 112.313, and their "agency" is the
19 political subdivision that they serve; however, the contract
20 under which the business entity serves as chief executive or
21 administrative officer of the political subdivision is not
22 deemed to violate s. 112.313(3).
23 (2) Section 112.3145, as a "local officer."
24 (3) Sections 112.3148 and 112.3149, as a "reporting
25 individual."
26 Section 8. Paragraph (e) is added to subsection (1) of
27 section 112.317, Florida Statutes, to read:
28 112.317 Penalties.--
29 (1) Violation of any provision of this part,
30 including, but not limited to, any failure to file any
31 disclosures required by this part or violation of any standard
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1 of conduct imposed by this part, or violation of any provision
2 of s. 8, Art. II of the State Constitution, in addition to any
3 criminal penalty or other civil penalty involved, shall, under
4 applicable constitutional and statutory procedures, constitute
5 grounds for, and may be punished by, one or more of the
6 following:
7 (e) In the case of a person who is subject to the
8 standards of this part, other than a lobbyist or lobbying firm
9 under s. 112.3215 for a violation of s. 112.3215, but who is
10 not a public officer or employee:
11 1. Public censure and reprimand.
12 2. A civil penalty not to exceed $10,000.
13 3. Restitution of any pecuniary benefits received
14 because of the violation committed. The commission may
15 recommend that the restitution penalty be paid to the agency
16 of the person or to the General Revenue Fund.
17 Section 9. Paragraph (d) of subsection (8) of section
18 112.324, Florida Statutes, is amended to read:
19 112.324 Procedures on complaints of violations; public
20 records and meeting exemptions.--
21 (8) If, in cases pertaining to complaints other than
22 complaints against impeachable officers or members of the
23 Legislature, upon completion of a full and final investigation
24 by the commission, the commission finds that there has been a
25 violation of this part or of s. 8, Art. II of the State
26 Constitution, it shall be the duty of the commission to report
27 its findings and recommend appropriate action to the proper
28 disciplinary official or body as follows, and such official or
29 body shall have the power to invoke the penalty provisions of
30 this part, including the power to order the appropriate
31 elections official to remove a candidate from the ballot for a
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1 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
2 State Constitution:
3 (d) Except as otherwise provided by this part, the
4 Governor, in the case of any other public officer, public
5 employee, former public officer or public employee, candidate,
6 or former candidate, or person who is not a public officer or
7 employee, other than lobbyists and lobbying firms under s.
8 112.3215 for violations of s. 112.3215.
9 Section 10. Paragraph (a) of subsection (5) of section
10 411.01, Florida Statutes, is amended to read:
11 411.01 School readiness programs; early learning
12 coalitions.--
13 (5) CREATION OF EARLY LEARNING COALITIONS.--
14 (a) Early learning coalitions.--
15 1. The Agency for Workforce Innovation shall establish
16 the minimum number of children to be served by each early
17 learning coalition through the coalition's school readiness
18 program. The Agency for Workforce Innovation may only approve
19 school readiness plans in accordance with this minimum number.
20 The minimum number must be uniform for every early learning
21 coalition and must:
22 a. Permit 30 or fewer coalitions to be established;
23 and
24 b. Require each coalition to serve at least 2,000
25 children based upon the average number of all children served
26 per month through the coalition's school readiness program
27 during the previous 12 months.
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29 The Agency for Workforce Innovation shall adopt procedures for
30 merging early learning coalitions, including procedures for
31 the consolidation of merging coalitions, and for the early
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1 termination of the terms of coalition members which are
2 necessary to accomplish the mergers. Each early learning
3 coalition must comply with the merger procedures and shall be
4 organized in accordance with this subparagraph by April 1,
5 2005. By June 30, 2005, each coalition must complete the
6 transfer of powers, duties, functions, rules, records,
7 personnel, property, and unexpended balances of
8 appropriations, allocations, and other funds to the successor
9 coalition, if applicable.
10 2. If an early learning coalition would serve fewer
11 children than the minimum number established under
12 subparagraph 1., the coalition must merge with another county
13 to form a multicounty coalition. However, the Agency for
14 Workforce Innovation may authorize an early learning coalition
15 to serve fewer children than the minimum number established
16 under subparagraph 1., if:
17 a. The coalition demonstrates to the Agency for
18 Workforce Innovation that merging with another county or
19 multicounty region contiguous to the coalition would cause an
20 extreme hardship on the coalition;
21 b. The Agency for Workforce Innovation has determined
22 during the most recent annual review of the coalition's school
23 readiness plan, or through monitoring and performance
24 evaluations conducted under paragraph (4)(l), that the
25 coalition has substantially implemented its plan and
26 substantially met the performance standards and outcome
27 measures adopted by the agency; and
28 c. The coalition demonstrates to the Agency for
29 Workforce Innovation the coalition's ability to effectively
30 and efficiently implement the Voluntary Prekindergarten
31 Education Program.
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2 If an early learning coalition fails or refuses to merge as
3 required by this subparagraph, the Agency for Workforce
4 Innovation may dissolve the coalition and temporarily contract
5 with a qualified entity to continue school readiness and
6 prekindergarten services in the coalition's county or
7 multicounty region until the coalition is reestablished
8 through resubmission of a school readiness plan and approval
9 by the agency.
10 3. Notwithstanding the provisions of subparagraphs 1.
11 and 2., the early learning coalitions in Sarasota, Osceola,
12 and Santa Rosa Counties which were in operation on January 1,
13 2005, are established and authorized to continue operation as
14 independent coalitions, and shall not be counted within the
15 limit of 30 coalitions established in subparagraph 1.
16 4. Each early learning coalition shall be composed of
17 at least 18 members but not more than 35 members. The Agency
18 for Workforce Innovation shall adopt standards establishing
19 within this range the minimum and maximum number of members
20 that may be appointed to an early learning coalition. These
21 standards must include variations for a coalition serving a
22 multicounty region. Each early learning coalition must comply
23 with these standards.
24 5. The Governor shall appoint the chair and two other
25 members of each early learning coalition, who must each meet
26 the same qualifications as private sector business members
27 appointed by the coalition under subparagraph 7.
28 6. Each early learning coalition must include the
29 following members:
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1 a. A Department of Children and Family Services
2 district administrator or his or her designee who is
3 authorized to make decisions on behalf of the department.
4 b. A district superintendent of schools or his or her
5 designee who is authorized to make decisions on behalf of the
6 district, who shall be a nonvoting member.
7 c. A regional workforce board executive director or
8 his or her designee.
9 d. A county health department director or his or her
10 designee.
11 e. A children's services council or juvenile welfare
12 board chair or executive director, if applicable, who shall be
13 a nonvoting member if the council or board is the fiscal agent
14 of the coalition or if the council or board contracts with and
15 receives funds from the coalition.
16 f. An agency head of a local licensing agency as
17 defined in s. 402.302, where applicable.
18 g. A president of a community college or his or her
19 designee.
20 h. One member appointed by a board of county
21 commissioners.
22 i. A central agency administrator, where applicable,
23 who shall be a nonvoting member.
24 j. A Head Start director, who shall be a nonvoting
25 member.
26 k. A representative of private child care providers,
27 including family day care homes, who shall be a nonvoting
28 member.
29 l. A representative of faith-based child care
30 providers, who shall be a nonvoting member.
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1 m. A representative of programs for children with
2 disabilities under the federal Individuals with Disabilities
3 Education Act, who shall be a nonvoting member.
4 7. Including the members appointed by the Governor
5 under subparagraph 5., more than one-third of the members of
6 each early learning coalition must be private sector business
7 members who do not have, and none of whose relatives as
8 defined in s. 112.3143 has, a substantial financial interest
9 in the design or delivery of the Voluntary Prekindergarten
10 Education Program created under part V of chapter 1002 or the
11 coalition's school readiness program. To meet this requirement
12 an early learning coalition must appoint additional members
13 from a list of nominees submitted to the coalition by a
14 chamber of commerce or economic development council within the
15 geographic region served by the coalition. The Agency for
16 Workforce Innovation shall establish criteria for appointing
17 private sector business members. These criteria must include
18 standards for determining whether a member or relative has a
19 substantial financial interest in the design or delivery of
20 the Voluntary Prekindergarten Education Program or the
21 coalition's school readiness program.
22 8. A majority of the voting membership of an early
23 learning coalition constitutes a quorum required to conduct
24 the business of the coalition.
25 9. A voting member of an early learning coalition may
26 not appoint a designee to act in his or her place, except as
27 otherwise provided in this paragraph. A voting member may send
28 a representative to coalition meetings, but that
29 representative does not have voting privileges. When a
30 district administrator for the Department of Children and
31 Family Services appoints a designee to an early learning
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1 coalition, the designee is the voting member of the coalition,
2 and any individual attending in the designee's place,
3 including the district administrator, does not have voting
4 privileges.
5 10. Each member of an early learning coalition is
6 subject to ss. 112.313, 112.3135, and 112.3143. For purposes
7 of s. 112.3143(4)(a) s. 112.3143(3)(a), each voting member is
8 a local public officer who must abstain from voting when a
9 voting conflict exists.
10 11. For purposes of tort liability, each member or
11 employee of an early learning coalition shall be governed by
12 s. 768.28.
13 12. An early learning coalition serving a multicounty
14 region must include representation from each county.
15 13. Each early learning coalition shall establish
16 terms for all appointed members of the coalition. The terms
17 must be staggered and must be a uniform length that does not
18 exceed 4 years per term. Appointed members may serve a maximum
19 of two consecutive terms. When a vacancy occurs in an
20 appointed position, the coalition must advertise the vacancy.
21 Section 11. This act shall take effect January 1,
22 2008.
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2 SENATE SUMMARY
3 Revises various provisions of the code of ethics for
public officers and employees. Redefines the term
4 "business entity" to include a company. Requires that a
state or local public officer disclose the known
5 interests of his or her principals, relatives, or
business associates when voting in an official capacity.
6 Redefines the term "local officer" to include an
appointed member of the board of a community
7 redevelopment agency, a finance director of a local
government, and a special master for a political
8 subdivision. Redefines the term "procurement employee" to
revise the types of employees included within that
9 definition. Prohibits a reporting individual or
procurement employee from soliciting a gift, or accepting
10 a gift in excess of a specified value, from a vendor
doing business with the individual's or employee's
11 agency. Prohibits the vendor from making such a gift to
such individual or employee. Requires that the Ethics
12 Commission investigate prohibited expenditures. Provides
for the investigation of lobbyists and principals under
13 certain circumstances. Requires that a fine be assessed
against a person who fails to provide required
14 information or who provides false information. Provides
standards of conduct for officers and employees of
15 entities serving as the chief administrative officer of a
political subdivision. (See bill for details.)
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