Senate Bill sb7064pb

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064

    FOR CONSIDERATION By the Committee on Ethics and Elections





    582-611B-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.; requiring that a state or local

  7         public officer disclose the known interests of

  8         his or her principals, relatives, or business

  9         associates when voting in an official capacity;

10         amending s. 112.3145, F.S.; redefining the term

11         "local officer" to include an appointed member

12         of the board of a community redevelopment

13         agency, a finance director of a local

14         government, and a special master for a

15         political subdivision; amending ss. 112.3148

16         and 112.3149, F.S.; redefining the term

17         "procurement employee" to revise the types of

18         employees included within that definition;

19         prohibiting a reporting individual or

20         procurement employee from soliciting a gift, or

21         accepting a gift in excess of a specified

22         value, from a vendor doing business with the

23         individual's or employee's agency; prohibiting

24         the vendor from making such a gift to such

25         individual or employee; amending s. 112.3215,

26         F.S.; requiring that the Ethics Commission

27         investigate prohibited expenditures; providing

28         for the investigation of lobbyists and

29         principals under certain circumstances;

30         requiring that a fine be assessed against a

31         person who fails to provide required

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         information or who provides false information;

 2         creating s. 112.3136, F.S.; specifying

 3         standards of conduct for officers and employees

 4         of entities serving as the chief administrative

 5         officer of a political subdivision; amending s.

 6         112.317, F.S.; providing for penalties to be

 7         imposed against persons other than lobbyists or

 8         public officers and employees; amending s.

 9         112.324, F.S.; providing for the commission to

10         report to the Governor violations involving

11         persons other than lobbyists or public officers

12         and employees; amending s. 411.01, F.S.,

13         relating to school readiness programs;

14         conforming a cross-reference; providing an

15         effective date.

16  

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

18  

19         Section 1.  Subsection (5) of section 112.312, Florida

20  Statutes, is amended to read:

21         112.312  Definitions.--As used in this part and for

22  purposes of the provisions of s. 8, Art. II of the State

23  Constitution, unless the context otherwise requires:

24         (5)  "Business entity" means any corporation, company,

25  partnership, limited partnership, proprietorship, firm,

26  enterprise, franchise, association, self-employed individual,

27  or trust, whether fictitiously named or not, doing business in

28  this state.

29         Section 2.  Section 112.3143, Florida Statutes, is

30  amended to read:

31         112.3143  Voting conflicts.--

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         (1)  As used in this section:

 2         (a)  "Public officer" includes any person elected or

 3  appointed to hold office in any agency, including any person

 4  serving on an advisory body.

 5         (b)  "Relative" means any father, mother, son,

 6  daughter, husband, wife, brother, sister, father-in-law,

 7  mother-in-law, son-in-law, or daughter-in-law.

 8         (2)  A No state public officer may not vote is

 9  prohibited from voting in an official capacity on any matter.

10  However, any state public officer voting in an official

11  capacity upon any measure that which would inure to the

12  officer's special private gain or loss; that which he or she

13  knows would inure to the special private gain or loss of any

14  principal by whom the officer is retained or to the parent

15  organization or subsidiary of a corporate principal by which

16  the officer is retained, other than an agency as defined in s.

17  112.312(2); or that which the officer knows would inure to the

18  special private gain or loss of a relative or business

19  associate of the public officer shall, within 15 days after

20  the vote occurs, disclose the nature of all of his or her

21  interests in the matter, and disclose the nature of all of the

22  interests of his or her principals, relatives, or business

23  associates which are known to him or her, his or her interest

24  as a public record in a memorandum filed with the person

25  responsible for recording the minutes of the meeting, who

26  shall incorporate the memorandum in the minutes.

27         (3)  An appointed state public officer may not

28  participate in any matter that would inure to the officer's

29  special private gain or loss; that the officer knows would

30  inure to the special private gain or loss of any principal by

31  whom he or she is retained or to the parent organization or

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1  subsidiary of a corporate principal by which he or she is

 2  retained, other than an agency as defined in s. 112.312(2); or

 3  that he or she knows would inure to the special private gain

 4  or loss of a relative or business associate of the public

 5  officer, without first disclosing the nature of his or her

 6  interest in the matter.

 7         (a)  Such disclosure, indicating the nature of all of

 8  his or her interests in the matter and disclosing the nature

 9  of all of the interests of the principals, relatives, or

10  business associates which are known to him or her, shall be

11  made in a written memorandum and filed with the person

12  responsible for recording the minutes of the meeting before

13  the meeting in which consideration of the matter will take

14  place, and shall be incorporated into the minutes. Any such

15  memorandum becomes a public record upon filing, shall

16  immediately be provided to the other members of the agency,

17  and shall be read publicly at the next meeting held subsequent

18  to the filing of this written memorandum.

19         (b)  If disclosure is not made before the meeting or if

20  any conflict is unknown before the meeting, the disclosure

21  shall be made orally at the meeting when it becomes known that

22  a conflict exists. The written memorandum disclosing the

23  nature of the conflict must be filed within 15 days after the

24  oral disclosure with the person responsible for recording the

25  minutes of the meeting and shall be incorporated into the

26  minutes of the meeting at which the oral disclosure was made.

27  Any such memorandum becomes a public record upon filing, shall

28  immediately be provided to the other members of the agency,

29  and shall be read publicly at the next meeting held subsequent

30  to the filing of this written memorandum.

31  

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         (4)(3)(a)  A No county, municipal, or other local

 2  public officer may not shall vote in an official capacity upon

 3  any measure that which would inure to his or her special

 4  private gain or loss; that which he or she knows would inure

 5  to the special private gain or loss of any principal by whom

 6  he or she is retained or to the parent organization or

 7  subsidiary of a corporate principal by which he or she is

 8  retained, other than an agency as defined in s. 112.312(2); or

 9  that which he or she knows would inure to the special private

10  gain or loss of a relative or business associate of the public

11  officer. Such public officer shall, before prior to the vote

12  is being taken, publicly state to the assembly the nature of

13  all of the officer's interests interest in the matter, and all

14  of the interests in the matter of his or her principals,

15  relatives, or business associates which are known to him or

16  her, from which he or she is abstaining from voting and,

17  within 15 days after the vote occurs, disclose the nature of

18  all of his or her interests in the matter, and disclose the

19  nature of all of the interests of his or her principals,

20  relatives, or business associates which are known to him or

21  her, his or her interest as a public record in a memorandum

22  filed with the person responsible for recording the minutes of

23  the meeting, who shall incorporate the memorandum in the

24  minutes.

25         (b)  However, a commissioner of a community

26  redevelopment agency created or designated pursuant to s.

27  163.356 or s. 163.357, or an officer of an independent special

28  tax district elected on a one-acre, one-vote basis, is not

29  prohibited from voting, when voting in that said capacity.

30         (4)  No appointed public officer shall participate in

31  any matter which would inure to the officer's special private

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1  gain or loss; which the officer knows would inure to the

 2  special private gain or loss of any principal by whom he or

 3  she is retained or to the parent organization or subsidiary of

 4  a corporate principal by which he or she is retained; or which

 5  he or she knows would inure to the special private gain or

 6  loss of a relative or business associate of the public

 7  officer, without first disclosing the nature of his or her

 8  interest in the matter.

 9         (a)  Such disclosure, indicating the nature of the

10  conflict, shall be made in a written memorandum filed with the

11  person responsible for recording the minutes of the meeting,

12  prior to the meeting in which consideration of the matter will

13  take place, and shall be incorporated into the minutes. Any

14  such memorandum shall become a public record upon filing,

15  shall immediately be provided to the other members of the

16  agency, and shall be read publicly at the next meeting held

17  subsequent to the filing of this written memorandum.

18         (b)  In the event that disclosure has not been made

19  prior to the meeting or that any conflict is unknown prior to

20  the meeting, the disclosure shall be made orally at the

21  meeting when it becomes known that a conflict exists. A

22  written memorandum disclosing the nature of the conflict shall

23  then be filed within 15 days after the oral disclosure with

24  the person responsible for recording the minutes of the

25  meeting and shall be incorporated into the minutes of the

26  meeting at which the oral disclosure was made. Any such

27  memorandum shall become a public record upon filing, shall

28  immediately be provided to the other members of the agency,

29  and shall be read publicly at the next meeting held subsequent

30  to the filing of this written memorandum.

31  

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         (5)  A county, municipal, or other local public officer

 2  may not participate in any matter that would inure to the

 3  officer's special private gain or loss or to that of any

 4  principal by whom he or she is retained, or to the parent

 5  organization or subsidiary of a corporate principal by which

 6  he or she is retained, other than an agency as defined in s.

 7  112.312(2), or that he or she knows would inure to the special

 8  private gain or loss of a relative or business associate of

 9  the public officer. However, a commissioner of a community

10  redevelopment agency created or designated under s. 163.356 or

11  s. 163.357, or an officer of an independent special tax

12  district who is elected on a one-acre, one-vote basis, is not

13  prohibited from participating in a matter in which he or she

14  has a voting conflict of interest as provided in this section.

15         (6)(c)  For purposes of this section subsection, the

16  term "participate" means any attempt to influence the decision

17  by oral or written communication, whether made by the officer

18  or at the officer's direction.

19         (7)(5)  Whenever a public officer or former public

20  officer is being considered for appointment or reappointment

21  to public office, the appointing body shall consider the

22  number and nature of the memoranda of conflict previously

23  filed under this section by the said officer.

24         Section 3.  Paragraph (a) of subsection (1) and

25  subsection (3) of section 112.3145, Florida Statutes, are

26  amended to read:

27         112.3145  Disclosure of financial interests and clients

28  represented before agencies.--

29         (1)  For purposes of this section, unless the context

30  otherwise requires, the term:

31         (a)  "Local officer" means:

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         1.  Every person who is elected to office in any

 2  political subdivision of the state, and every person who is

 3  appointed to fill a vacancy for an unexpired term in such an

 4  elective office.

 5         2.  Any appointed member of any of the following

 6  boards, councils, commissions, authorities, or other bodies of

 7  any county, municipality, school district, independent special

 8  district, or other political subdivision of the state:

 9         a.  The governing body of the political subdivision, if

10  appointed;

11         b.  An expressway authority or transportation authority

12  established by general law;

13         c.  A community college or junior college district

14  board of trustees;

15         d.  A board having the power to enforce local code

16  provisions;

17         e.  A planning or zoning board, board of adjustment,

18  board of appeals, community redevelopment agency board, or

19  other board having the power to recommend, create, or modify

20  land planning or zoning within the political subdivision,

21  except for citizen advisory committees, technical coordinating

22  committees, and such other groups who only have the power to

23  make recommendations to planning or zoning boards;

24         f.  A pension board or retirement board having the

25  power to invest pension or retirement funds or the power to

26  make a binding determination of one's entitlement to or amount

27  of a pension or other retirement benefit; or

28         g.  Any other appointed member of a local government

29  board who is required to file a statement of financial

30  interests by the appointing authority or the enabling

31  legislation, ordinance, or resolution creating the board.

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1         3.  Any person holding one or more of the following

 2  positions: mayor; county or city manager; chief administrative

 3  employee of a county, municipality, or other political

 4  subdivision; county or municipal attorney; finance director of

 5  a county, municipality, or other political subdivisions; chief

 6  county or municipal building code inspector; county or

 7  municipal water resources coordinator; county or municipal

 8  pollution control director; county or municipal environmental

 9  control director; county or municipal administrator, with

10  power to grant or deny a land development permit; chief of

11  police; fire chief; municipal clerk; district school

12  superintendent; community college president; district medical

13  examiner; special master for a political subdivision who has

14  the authority to determine or adjudicate any personal or

15  property rights, duties, or obligations; or purchasing agent

16  having the authority to make any purchase exceeding the

17  threshold amount provided for in s. 287.017 for CATEGORY ONE,

18  on behalf of any political subdivision of the state or any

19  entity thereof.

20         (3)  The statement of financial interests for state

21  officers, specified state employees, local officers, and

22  persons seeking to qualify as candidates for state or local

23  office shall be filed even if the reporting person holds no

24  financial interests requiring disclosure, in which case the

25  statement shall be marked "not applicable."  Otherwise, the

26  statement of financial interests, which must be specified on

27  the reporting form, shall include, at the filer's option,

28  either:

29         (a)1.  All sources of income in excess of 5 percent of

30  the gross income received during the disclosure period by the

31  person in his or her own name or by any other person for his

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1  or her use or benefit, excluding public salary. However, this

 2  shall not be construed to require disclosure of a business

 3  partner's sources of income.  The person reporting shall list

 4  such sources in descending order of value with the largest

 5  source first;

 6         2.  All sources of income to a business entity in

 7  excess of 10 percent of the gross income of a business entity

 8  in which the reporting person held a material interest and

 9  from which he or she received an amount which was in excess of

10  10 percent of his or her gross income during the disclosure

11  period and which exceeds $1,500.  The period for computing the

12  gross income of the business entity is the fiscal year of the

13  business entity which ended on, or immediately prior to, the

14  end of the disclosure period of the person reporting;

15         3.  The location or description of real property in

16  this state, except for residences and vacation homes, owned

17  directly or indirectly by the person reporting, when such

18  person owns in excess of 5 percent of the value of such real

19  property, and a general description of any intangible personal

20  property worth in excess of 10 percent of such person's total

21  assets.  For the purposes of this paragraph, indirect

22  ownership does not include ownership by a spouse or minor

23  child; and

24         4.  Every individual liability that equals more than

25  the reporting person's net worth; or

26         (b)1.  All sources of gross income in excess of $2,500

27  received during the disclosure period by the person in his or

28  her own name or by any other person for his or her use or

29  benefit, excluding public salary. However, this shall not be

30  construed to require disclosure of a business partner's

31  sources of income. The person reporting shall list such

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1  sources in descending order of value with the largest source

 2  first;

 3         2.  All sources of income to a business entity in

 4  excess of 10 percent of the gross income of a business entity

 5  in which the reporting person held a material interest and

 6  from which he or she received gross income exceeding $5,000

 7  during the disclosure period. The period for computing the

 8  gross income of the business entity is the fiscal year of the

 9  business entity which ended on, or immediately prior to, the

10  end of the disclosure period of the person reporting;

11         3.  The location or description of real property in

12  this state, except for residence and vacation homes, owned

13  directly or indirectly by the person reporting, when such

14  person owns in excess of 5 percent of the value of such real

15  property, and a general description of any intangible personal

16  property worth in excess of $10,000. For the purpose of this

17  paragraph, indirect ownership does not include ownership by a

18  spouse or minor child; and

19         4.  Every liability in excess of $10,000.

20         Section 4.  Paragraph (e) of subsection (2), subsection

21  (3), subsection (4), and paragraph (a) of subsection (5) of

22  section 112.3148, Florida Statutes, are amended to read:

23         112.3148  Reporting and prohibited receipt of gifts by

24  individuals filing full or limited public disclosure of

25  financial interests and by procurement employees.--

26         (2)  As used in this section:

27         (e)  "Procurement employee" means any employee of an

28  officer, department, board, commission, or council, or agency

29  of the executive branch or judicial branch of state government

30  who has participated in the preceding 12 months participates

31  through decision, approval, disapproval, recommendation,

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7064
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 1  preparation of any part of a purchase request, influencing the

 2  content of any specification or procurement standard,

 3  rendering of advice, investigation, or auditing or in any

 4  other advisory capacity in the procurement of contractual

 5  services or commodities as defined in s. 287.012, if the cost

 6  of such services or commodities exceeds $10,000 $1,000 in any

 7  fiscal year.

 8         (3)  A reporting individual or procurement employee is

 9  prohibited from soliciting any gift from a political committee

10  or committee of continuous existence, as defined in s.

11  106.011, from a vendor doing business with the reporting

12  individual's or procurement employee's agency, or from a

13  lobbyist who lobbies the reporting individual's or procurement

14  employee's agency, or the partner, firm, employer, or

15  principal of such lobbyist, where such gift is for the

16  personal benefit of the reporting individual or procurement

17  employee, another reporting individual or procurement

18  employee, or any member of the immediate family of a reporting

19  individual or procurement employee.

20         (4)  A reporting individual or procurement employee or

21  any other person on his or her behalf is prohibited from

22  knowingly accepting, directly or indirectly, a gift from a

23  political committee or committee of continuous existence, as

24  defined in s. 106.011, from a vendor doing business with the

25  reporting individual's or procurement employee's agency, or

26  from a lobbyist who lobbies the reporting individual's or

27  procurement employee's agency, or directly or indirectly on

28  behalf of the partner, firm, employer, or principal of a

29  lobbyist, if he or she knows or reasonably believes that the

30  gift has a value in excess of $100; however, such a gift may

31  be accepted by such person on behalf of a governmental entity

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 1  or a charitable organization. If the gift is accepted on

 2  behalf of a governmental entity or charitable organization,

 3  the person receiving the gift shall not maintain custody of

 4  the gift for any period of time beyond that reasonably

 5  necessary to arrange for the transfer of custody and ownership

 6  of the gift.

 7         (5)(a)  A political committee or a committee of

 8  continuous existence, as defined in s. 106.011; a vendor doing

 9  business with the reporting individual's or procurement

10  employee's agency; a lobbyist who lobbies a reporting

11  individual's or procurement employee's agency; the partner,

12  firm, employer, or principal of a lobbyist; or another on

13  behalf of the lobbyist or partner, firm, principal, or

14  employer of the lobbyist is prohibited from giving, either

15  directly or indirectly, a gift that has a value in excess of

16  $100 to the reporting individual or procurement employee or

17  any other person on his or her behalf; however, such person

18  may give a gift having a value in excess of $100 to a

19  reporting individual or procurement employee if the gift is

20  intended to be transferred to a governmental entity or a

21  charitable organization.

22         Section 5.  Paragraph (e) of subsection (1), and

23  subsections (3) and (4) of section 112.3149, Florida Statutes,

24  are amended to read:

25         112.3149  Solicitation and disclosure of honoraria.--

26         (1)  As used in this section:

27         (e)  "Procurement employee" means any employee of an

28  officer, department, board, commission, or council, or agency

29  of the executive branch or judicial branch of state government

30  who has participated in the preceding 12 months participates

31  through decision, approval, disapproval, recommendation,

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 1  preparation of any part of a purchase request, influencing the

 2  content of any specification or procurement standard,

 3  rendering of advice, investigation, or auditing or in any

 4  other advisory capacity in the procurement of contractual

 5  services or commodities as defined in s. 287.012, if the cost

 6  of such services or commodities exceeds $10,000 $1,000 in any

 7  fiscal year.

 8         (3)  A reporting individual or procurement employee is

 9  prohibited from knowingly accepting an honorarium from a

10  political committee or committee of continuous existence, as

11  defined in s. 106.011, from a vendor doing business with the

12  reporting individual's or procurement employee's agency, from

13  a lobbyist who lobbies the reporting individual's or

14  procurement employee's agency, or from the employer,

15  principal, partner, or firm of such a lobbyist.

16         (4)  A political committee or committee of continuous

17  existence, as defined in s. 106.011, a vendor doing business

18  with the reporting individual's or procurement employee's

19  agency, a lobbyist who lobbies a reporting individual's or

20  procurement employee's agency, or the employer, principal,

21  partner, or firm of such a lobbyist is prohibited from giving

22  an honorarium to a reporting individual or procurement

23  employee.

24         Section 6.  Subsection (8) of section 112.3215, Florida

25  Statutes, is amended, present subsections (11), (12), (13),

26  and (14) of that section are redesignated as subsections (12),

27  (13), (14), and (15), respectively, and a new subsection (11)

28  is added to that section, to read:

29         112.3215  Lobbying before the executive branch or the

30  Constitution Revision Commission; registration and reporting;

31  investigation by commission.--

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 1         (8)(a)  The commission shall investigate every sworn

 2  complaint that is filed with it alleging that a person covered

 3  by this section has failed to register, has failed to submit a

 4  compensation report, has made a prohibited expenditure, or has

 5  knowingly submitted false information in any report or

 6  registration required in this section.

 7         (b)  All proceedings, the complaint, and other records

 8  relating to the investigation are confidential and exempt from

 9  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

10  State Constitution, and any meetings held pursuant to an

11  investigation are exempt from the provisions of s. 286.011(1)

12  and s. 24(b), Art. I of the State Constitution either until

13  the alleged violator requests in writing that such

14  investigation and associated records and meetings be made

15  public or until the commission determines, based on the

16  investigation, whether probable cause exists to believe that a

17  violation has occurred.

18         (c)  The commission shall investigate any lobbying

19  firm, lobbyist, principal, agency, officer, or employee upon

20  receipt of information from a sworn complaint or from a random

21  audit of lobbying reports indicating a possible violation

22  other than a late-filed report.

23         (d)  Records relating to an audit conducted pursuant to

24  this section or an investigation conducted pursuant to this

25  section or s. 112.32155 are confidential and exempt from s.

26  119.07(1) and s. 24(a), Art. I of the State Constitution, and

27  any meetings held pursuant to such an investigation or at

28  which such an audit is discussed are exempt from s. 286.011

29  and s. 24(b), Art. I of the State Constitution either until

30  the lobbying firm requests in writing that such investigation

31  and associated records and meetings be made public or until

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 1  the commission determines there is probable cause that the

 2  audit reflects a violation of the reporting laws. This

 3  paragraph is subject to the Open Government Sunset Review Act

 4  in accordance with s. 119.15 and shall stand repealed on

 5  October 2, 2011, unless reviewed and saved from repeal through

 6  reenactment by the Legislature.

 7         (11)  Any person who is required to be registered or to

 8  provide information under this section or under rules

 9  established pursuant to this section and who knowingly fails

10  to disclose any material fact that is required by this section

11  or by rules established pursuant to this section, or who

12  knowingly provides false information on any report required by

13  this section or by rules established pursuant to this section,

14  commits a noncriminal infraction, punishable by a fine not to

15  exceed $5,000. Such penalty is in addition to any other

16  penalty assessed by the Governor and Cabinet pursuant to

17  subsection (10).

18         Section 7.  Section 112.3136, Florida Statutes, is

19  created to read:

20         112.3136  Standards of conduct for officers and

21  employees of entities serving as chief administrative officer

22  of political subdivisions.--The officers, directors, and chief

23  executive officer of a corporation, partnership, or other

24  business entity that is serving as the chief administrative or

25  executive officer or employee of a political subdivision, and

26  any employee of the business entity who is acting as the chief

27  administrative or executive officer or employee of the

28  political subdivision, are public officers and employees who

29  are subject to the following standards of conduct of this

30  part:

31  

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 1         (1)  Section 112.313, and their "agency" is the

 2  political subdivision that they serve; however, the contract

 3  under which the business entity serves as chief executive or

 4  administrative officer of the political subdivision is not

 5  deemed to violate s. 112.313(3).

 6         (2)  Section 112.3145, as a "local officer."

 7         (3)  Sections 112.3148 and 112.3149, as a "reporting

 8  individual."

 9         Section 8.  Paragraph (e) is added to subsection (1) of

10  section 112.317, Florida Statutes, to read:

11         112.317  Penalties.--

12         (1)  Violation of any provision of this part,

13  including, but not limited to, any failure to file any

14  disclosures required by this part or violation of any standard

15  of conduct imposed by this part, or violation of any provision

16  of s. 8, Art. II of the State Constitution, in addition to any

17  criminal penalty or other civil penalty involved, shall, under

18  applicable constitutional and statutory procedures, constitute

19  grounds for, and may be punished by, one or more of the

20  following:

21         (e)  In the case of a person who is subject to the

22  standards of this part, other than a lobbyist or lobbying firm

23  under s. 112.3215 for a violation of s. 112.3215, but who is

24  not a public officer or employee:

25         1.  Public censure and reprimand.

26         2.  A civil penalty not to exceed $10,000.

27         3.  Restitution of any pecuniary benefits received

28  because of the violation committed. The commission may

29  recommend that the restitution penalty be paid to the agency

30  of the person or to the General Revenue Fund.

31  

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 1         Section 9.  Paragraph (d) of subsection (8) of section

 2  112.324, Florida Statutes, is amended to read:

 3         112.324  Procedures on complaints of violations; public

 4  records and meeting exemptions.--

 5         (8)  If, in cases pertaining to complaints other than

 6  complaints against impeachable officers or members of the

 7  Legislature, upon completion of a full and final investigation

 8  by the commission, the commission finds that there has been a

 9  violation of this part or of s. 8, Art. II of the State

10  Constitution, it shall be the duty of the commission to report

11  its findings and recommend appropriate action to the proper

12  disciplinary official or body as follows, and such official or

13  body shall have the power to invoke the penalty provisions of

14  this part, including the power to order the appropriate

15  elections official to remove a candidate from the ballot for a

16  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the

17  State Constitution:

18         (d)  Except as otherwise provided by this part, the

19  Governor, in the case of any other public officer, public

20  employee, former public officer or public employee, candidate,

21  or former candidate, or person who is not a public officer or

22  employee, other than lobbyists and lobbying firms under s.

23  112.3215 for violations of 112.3215.

24         Section 10.  Paragraph (a) of subsection (5) of section

25  411.01, Florida Statutes, is amended to read:

26         411.01  School readiness programs; early learning

27  coalitions.--

28         (5)  CREATION OF EARLY LEARNING COALITIONS.--

29         (a)  Early learning coalitions.--

30         1.  The Agency for Workforce Innovation shall establish

31  the minimum number of children to be served by each early

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 1  learning coalition through the coalition's school readiness

 2  program. The Agency for Workforce Innovation may only approve

 3  school readiness plans in accordance with this minimum number.

 4  The minimum number must be uniform for every early learning

 5  coalition and must:

 6         a.  Permit 30 or fewer coalitions to be established;

 7  and

 8         b.  Require each coalition to serve at least 2,000

 9  children based upon the average number of all children served

10  per month through the coalition's school readiness program

11  during the previous 12 months.

12  

13  The Agency for Workforce Innovation shall adopt procedures for

14  merging early learning coalitions, including procedures for

15  the consolidation of merging coalitions, and for the early

16  termination of the terms of coalition members which are

17  necessary to accomplish the mergers. Each early learning

18  coalition must comply with the merger procedures and shall be

19  organized in accordance with this subparagraph by April 1,

20  2005. By June 30, 2005, each coalition must complete the

21  transfer of powers, duties, functions, rules, records,

22  personnel, property, and unexpended balances of

23  appropriations, allocations, and other funds to the successor

24  coalition, if applicable.

25         2.  If an early learning coalition would serve fewer

26  children than the minimum number established under

27  subparagraph 1., the coalition must merge with another county

28  to form a multicounty coalition. However, the Agency for

29  Workforce Innovation may authorize an early learning coalition

30  to serve fewer children than the minimum number established

31  under subparagraph 1., if:

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 1         a.  The coalition demonstrates to the Agency for

 2  Workforce Innovation that merging with another county or

 3  multicounty region contiguous to the coalition would cause an

 4  extreme hardship on the coalition;

 5         b.  The Agency for Workforce Innovation has determined

 6  during the most recent annual review of the coalition's school

 7  readiness plan, or through monitoring and performance

 8  evaluations conducted under paragraph (4)(l), that the

 9  coalition has substantially implemented its plan and

10  substantially met the performance standards and outcome

11  measures adopted by the agency; and

12         c.  The coalition demonstrates to the Agency for

13  Workforce Innovation the coalition's ability to effectively

14  and efficiently implement the Voluntary Prekindergarten

15  Education Program.

16  

17  If an early learning coalition fails or refuses to merge as

18  required by this subparagraph, the Agency for Workforce

19  Innovation may dissolve the coalition and temporarily contract

20  with a qualified entity to continue school readiness and

21  prekindergarten services in the coalition's county or

22  multicounty region until the coalition is reestablished

23  through resubmission of a school readiness plan and approval

24  by the agency.

25         3.  Notwithstanding the provisions of subparagraphs 1.

26  and 2., the early learning coalitions in Sarasota, Osceola,

27  and Santa Rosa Counties which were in operation on January 1,

28  2005, are established and authorized to continue operation as

29  independent coalitions, and shall not be counted within the

30  limit of 30 coalitions established in subparagraph 1.

31  

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 1         4.  Each early learning coalition shall be composed of

 2  at least 18 members but not more than 35 members. The Agency

 3  for Workforce Innovation shall adopt standards establishing

 4  within this range the minimum and maximum number of members

 5  that may be appointed to an early learning coalition. These

 6  standards must include variations for a coalition serving a

 7  multicounty region. Each early learning coalition must comply

 8  with these standards.

 9         5.  The Governor shall appoint the chair and two other

10  members of each early learning coalition, who must each meet

11  the same qualifications as private sector business members

12  appointed by the coalition under subparagraph 7.

13         6.  Each early learning coalition must include the

14  following members:

15         a.  A Department of Children and Family Services

16  district administrator or his or her designee who is

17  authorized to make decisions on behalf of the department.

18         b.  A district superintendent of schools or his or her

19  designee who is authorized to make decisions on behalf of the

20  district, who shall be a nonvoting member.

21         c.  A regional workforce board executive director or

22  his or her designee.

23         d.  A county health department director or his or her

24  designee.

25         e.  A children's services council or juvenile welfare

26  board chair or executive director, if applicable, who shall be

27  a nonvoting member if the council or board is the fiscal agent

28  of the coalition or if the council or board contracts with and

29  receives funds from the coalition.

30         f.  An agency head of a local licensing agency as

31  defined in s. 402.302, where applicable.

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 1         g.  A president of a community college or his or her

 2  designee.

 3         h.  One member appointed by a board of county

 4  commissioners.

 5         i.  A central agency administrator, where applicable,

 6  who shall be a nonvoting member.

 7         j.  A Head Start director, who shall be a nonvoting

 8  member.

 9         k.  A representative of private child care providers,

10  including family day care homes, who shall be a nonvoting

11  member.

12         l.  A representative of faith-based child care

13  providers, who shall be a nonvoting member.

14         m.  A representative of programs for children with

15  disabilities under the federal Individuals with Disabilities

16  Education Act, who shall be a nonvoting member.

17         7.  Including the members appointed by the Governor

18  under subparagraph 5., more than one-third of the members of

19  each early learning coalition must be private sector business

20  members who do not have, and none of whose relatives as

21  defined in s. 112.3143 has, a substantial financial interest

22  in the design or delivery of the Voluntary Prekindergarten

23  Education Program created under part V of chapter 1002 or the

24  coalition's school readiness program. To meet this requirement

25  an early learning coalition must appoint additional members

26  from a list of nominees submitted to the coalition by a

27  chamber of commerce or economic development council within the

28  geographic region served by the coalition. The Agency for

29  Workforce Innovation shall establish criteria for appointing

30  private sector business members. These criteria must include

31  standards for determining whether a member or relative has a

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 1  substantial financial interest in the design or delivery of

 2  the Voluntary Prekindergarten Education Program or the

 3  coalition's school readiness program.

 4         8.  A majority of the voting membership of an early

 5  learning coalition constitutes a quorum required to conduct

 6  the business of the coalition.

 7         9.  A voting member of an early learning coalition may

 8  not appoint a designee to act in his or her place, except as

 9  otherwise provided in this paragraph. A voting member may send

10  a representative to coalition meetings, but that

11  representative does not have voting privileges. When a

12  district administrator for the Department of Children and

13  Family Services appoints a designee to an early learning

14  coalition, the designee is the voting member of the coalition,

15  and any individual attending in the designee's place,

16  including the district administrator, does not have voting

17  privileges.

18         10.  Each member of an early learning coalition is

19  subject to ss. 112.313, 112.3135, and 112.3143. For purposes

20  of s. 112.3143(4)(a) s. 112.3143(3)(a), each voting member is

21  a local public officer who must abstain from voting when a

22  voting conflict exists.

23         11.  For purposes of tort liability, each member or

24  employee of an early learning coalition shall be governed by

25  s. 768.28.

26         12.  An early learning coalition serving a multicounty

27  region must include representation from each county.

28         13.  Each early learning coalition shall establish

29  terms for all appointed members of the coalition. The terms

30  must be staggered and must be a uniform length that does not

31  exceed 4 years per term. Appointed members may serve a maximum

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 1  of two consecutive terms. When a vacancy occurs in an

 2  appointed position, the coalition must advertise the vacancy.

 3         Section 11.  This act shall take effect January 1,

 4  2008.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Revises various provisions of the code of ethics for
      public officers and employees. Redefines the term
 9    "business entity" to include a company. Requires that a
      state or local public officer disclose the known
10    interests of his or her principals, relatives, or
      business associates when voting in an official capacity.
11    Redefines the term "local officer" to include an
      appointed member of the board of a community
12    redevelopment agency, a finance director of a local
      government, and a special master for a political
13    subdivision. Redefines the term "procurement employee" to
      revise the types of employees included within that
14    definition. Prohibits a reporting individual or
      procurement employee from soliciting a gift, or accepting
15    a gift in excess of a specified value, from a vendor
      doing business with the individual's or employee's
16    agency. Prohibits the vendor from making such a gift to
      such individual or employee. Requires that the Ethics
17    Commission investigate prohibited expenditures. Provides
      for the investigation of lobbyists and principals under
18    certain circumstances. Requires that a fine be assessed
      against a person who fails to provide required
19    information or who provides false information. Provides
      standards of conduct for officers and employees of
20    entities serving as the chief administrative officer of a
      political subdivision. (See bill for details.)
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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