Senate Bill sb0524

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    Florida Senate - 2007                                   SB 524

    By Senator Fasano





    11-494-07

  1                      A bill to be entitled

  2         An act relating to state public officials;

  3         creating s. 112.3142, F.S.; defining the terms

  4         "cabinet member" and "covered public official";

  5         requiring a covered public official to place

  6         all of his or her personal investments of

  7         stocks and bonds into a publicly traded mutual

  8         fund or a qualified blind trust; providing for

  9         after-acquired financial interests; setting

10         forth the requirements for a qualifying blind

11         trust; requiring that a copy of the qualified

12         blind trust agreement be filed with the

13         Commission on Ethics within a specified period;

14         providing for the revocation of a qualified

15         blind trust; prohibiting a covered public

16         official from attempting to influence or

17         exercise any control over decisions regarding

18         the management of the qualified blind trust or

19         engaging in any activity involving a violation

20         of the standards of conduct for public officers

21         set forth in law; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 112.3142, Florida Statutes, is

26  created to read:

27         112.3142  Qualified blind trusts.--

28         (1)  As used in this section, the term:

29         (a)  "Cabinet" member has the same meaning as in s.

30  20.03.

31         (b)  "Commission" means the Commission on Ethics.

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    Florida Senate - 2007                                   SB 524
    11-494-07




 1         (c)  "Covered public official" means the Governor, the

 2  Lieutenant Governor, and each member of the Cabinet.

 3         (2)(a)  A covered public official shall, before taking

 4  office, place all of his or her personal investments of stocks

 5  and bonds into a publicly traded mutual fund or a qualified

 6  blind trust.

 7         (b)  During the covered public official's term of

 8  office, he or she may not voluntarily acquire any personal

 9  investment in a stock or bond except in the form of publicly

10  traded mutual funds.

11         (c)  If the covered public official acquires a

12  financial interest in the stock or bond of a business entity

13  during the covered public official's term of office due to

14  events or actions beyond the covered public official's

15  control, the covered public official shall immediately sell

16  the financial interest or place the financial interest in a

17  qualified blind trust.

18         (3)  In order to constitute a qualified blind trust,

19  the trust must be established by the covered public official

20  and meet the following requirements:

21         (a)  The person appointed as a trustee of the qualified

22  blind trust must be:

23         1.  A disinterested party. A disinterested party may

24  not be the covered public official's spouse, child, parent,

25  grandparent, grandchild, brother, sister, parent-in-law,

26  brother-in-law, sister-in-law, aunt, uncle, or first cousin,

27  or the spouse of any such person.

28         2.  A person who is not an elected or appointed public

29  officer or a public employee.

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    Florida Senate - 2007                                   SB 524
    11-494-07




 1         3.  A person who has not been appointed to serve in an

 2  agency by the covered public official or by a public officer

 3  or public employee supervised by the covered public official.

 4         (b)  The qualified blind trust agreement must give the

 5  trustee complete discretion to manage the trust, including,

 6  but not limited to, the power to dispose of or acquire trust

 7  assets without consulting or notifying the covered public

 8  official.

 9         (c)  The trustee must notify the covered public

10  official of the date of disposition and value at disposition

11  of any original investment or interest in real property in

12  order that the information may be reported on the covered

13  public official's statement of financial interests and

14  applicable tax returns.

15         (d)  The qualified blind trust agreement must prohibit

16  the trustee from disclosing to the covered public official any

17  information concerning replacement assets to the trust, except

18  for information required for inclusion in disclosure forms

19  required under this part and the minimum tax information that

20  lists only the totals of taxable items from the trust and does

21  not describe the source of individual items of income.

22         (4)  A copy of the qualified blind trust agreement must

23  be filed with the commission no later than 5 business days

24  after the agreement is executed and must include:

25         (a)  A listing of the assets placed in the qualified

26  blind trust;

27         (b)  A statement detailing the date the agreement was

28  executed;

29         (c)  The name and address of the trustee; and

30         (d)  A separate statement signed by the trustee, under

31  penalty of perjury, certifying that he or she has not revealed

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    Florida Senate - 2007                                   SB 524
    11-494-07




 1  any information to the covered public official except for

 2  information that is authorized under this section, and that,

 3  to the best of the trustee's knowledge, the submitted

 4  qualified blind trust agreement complies with this section.

 5         (5)  If the trust is revoked by the covered public

 6  official while the official remains a covered public official,

 7  or if the covered public official learns of any replacement

 8  assets that are added to the qualified blind trust, the

 9  covered public official must file an amendment to his or her

10  most recent statement of financial interests. The amendment

11  must be filed no later than 60 days after the date of

12  revocation or the addition of the replacement assets. The

13  covered public official must disclose the previously

14  unreported pro rata share of the qualified blind trust's

15  interests in investments or income deriving from any such

16  investments. For the purpose of this section, any replaced

17  asset of which the covered public official learns shall

18  thereafter be treated as though the asset were an original

19  asset of the qualified blind trust.

20         (6)  A covered public official may not:

21         (a)  Attempt to influence or exercise any control over

22  decisions regarding the management of the qualified blind

23  trust.

24         (b)  Engage, directly or indirectly, in an activity

25  involving any financial interest of the public official which

26  violates s. 112.313.

27         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 524
    11-494-07




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

 2                          SENATE SUMMARY

 3    Requires a covered public official to place all of his or
      her personal investments of stocks and bonds into a
 4    publicly traded mutual fund or a qualified blind trust.
      Provides for after-acquired financial interests. Sets
 5    forth the requirements for a qualifying blind trust.
      Requires that a copy of the qualified blind trust
 6    agreement be filed with the Commission on Ethics within 5
      days. Provides for the revocation of a qualified blind
 7    trust. Prohibits a covered public official from
      attempting to influence or exercise any control over
 8    decisions regarding the management of the qualified blind
      trust or engaging in any activity involving a violation
 9    of the standards of conduct for public officers set forth
      in law.
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