Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7167
Barcode 454738
CHAMBER ACTION
Senate House
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04/27/2007 11:18 AM .
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Between lines 16 and 17,
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16 insert:
17 Section 2. Section 112.3136, Florida Statutes, is
18 created to read:
19 112.3136 Standards of conduct for officers and
20 employees of entities serving as chief administrative officer
21 of political subdivisions.--The officers, directors, and chief
22 executive officer of a corporation, partnership, or other
23 business entity that is serving as the chief administrative or
24 executive officer or employee of a political subdivision, and
25 any business entity employee who is acting as the chief
26 administrative or executive officer or employee of the
27 political subdivision, are public officers and employees who
28 are subject to the following standards of conduct of this
29 part:
30 (1) Section 112.313, and their "agency" is the
31 political subdivision that they serve; however, the contract
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7167
Barcode 454738
1 under which the business entity serves as chief executive or
2 administrative officer of the political subdivision is not
3 deemed to violate s. 112.313(3).
4 (2) Section 112.3145, as a "local officer."
5 (3) Sections 112.3148 and 112.3149, as a "reporting
6 individual."
7 Section 3. Paragraph (e) is added to subsection (1) of
8 section 112.317, Florida Statutes, to read:
9 112.317 Penalties.--
10 (1) Violation of any provision of this part,
11 including, but not limited to, any failure to file any
12 disclosures required by this part or violation of any standard
13 of conduct imposed by this part, or violation of any provision
14 of s. 8, Art. II of the State Constitution, in addition to any
15 criminal penalty or other civil penalty involved, shall, under
16 applicable constitutional and statutory procedures, constitute
17 grounds for, and may be punished by, one or more of the
18 following:
19 (e) In the case of a person who is subject to the
20 standards of this part, other than a lobbyist or lobbying firm
21 under s. 112.3215 for a violation of s. 112.3215, but who is
22 not a public officer or employee:
23 1. Public censure and reprimand.
24 2. A civil penalty not to exceed $10,000.
25 3. Restitution of any pecuniary benefits received
26 because of the violation committed. The commission may
27 recommend that the restitution penalty be paid to the agency
28 of the person or to the General Revenue Fund.
29 Section 4. Paragraph (d) of subsection (8) of section
30 112.324, Florida Statutes, is amended to read:
31 112.324 Procedures on complaints of violations; public
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7167
Barcode 454738
1 records and meeting exemptions.--
2 (8) If, in cases pertaining to complaints other than
3 complaints against impeachable officers or members of the
4 Legislature, upon completion of a full and final investigation
5 by the commission, the commission finds that there has been a
6 violation of this part or of s. 8, Art. II of the State
7 Constitution, it shall be the duty of the commission to report
8 its findings and recommend appropriate action to the proper
9 disciplinary official or body as follows, and such official or
10 body shall have the power to invoke the penalty provisions of
11 this part, including the power to order the appropriate
12 elections official to remove a candidate from the ballot for a
13 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
14 State Constitution:
15 (d) Except as otherwise provided by this part, the
16 Governor, in the case of any other public officer, public
17 employee, former public officer or public employee, candidate,
18 or former candidate, or person who is not a public officer or
19 employee, other than lobbyists and lobbying firms under s.
20 112.3215 for violations of s. 112.3215.
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22 (Redesignate subsequent sections.)
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25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On lines 2-6, delete those lines
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29 and insert:
30 An act relating to municipalities; prohibiting
31 counties from requiring certain municipalities
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7167
Barcode 454738
1 to pay charges, assessments, taxes, fees, or
2 other consideration for certain residents'
3 actions; providing that the provisions of the
4 act are not preempted by law; creating s.
5 112.3136, F.S.; specifying standards of conduct
6 for officers and employees of entities serving
7 as the chief administrative officer of a
8 political subdivision; amending s. 112.317,
9 F.S.; providing for penalties to be imposed
10 against persons other than lobbyists or public
11 officers and employers; amending s. 112.324,
12 F.S.; providing for the commission to report to
13 the Governor violations involving persons other
14 than lobbyists or public officers and
15 employees; providing an
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