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




    582-611D-07

  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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    Florida Senate - 2007                                  SB 2166
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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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    Florida Senate - 2007                                  SB 2166
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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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    Florida Senate - 2007                                  SB 2166
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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.

28  

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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    Florida Senate - 2007                                  SB 2166
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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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    Florida Senate - 2007                                  SB 2166
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 1  

 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:

30  

31  

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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.

31  

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    Florida Senate - 2007                                  SB 2166
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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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    Florida Senate - 2007                                  SB 2166
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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.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 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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