Senate Bill sb0724
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Florida Senate - 2007 SB 724
By Senator Rich
34-549-07
1 A bill to be entitled
2 An act relating to the code of ethics for
3 public officers and employees and others;
4 creating s. 112.3136, F.S.; prescribing
5 standards of conduct that are applicable to
6 specified officers and employees of a business
7 entity serving as chief administrative or
8 executive officer of a political subdivision;
9 amending s. 112.317, F.S.; providing penalties
10 for violations by persons subject to standards
11 of conduct though not public officers or
12 employees; amending s. 112.324, F.S.;
13 prescribing the "proper disciplinary official"
14 for violations of standards of conduct by
15 persons who are not public officers or
16 employees; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 112.3136, Florida Statutes, is
21 created to read:
22 112.3136 Standards of conduct for officers and
23 employees of an entity serving as chief administrative or
24 executive officer of political subdivision.--The officers,
25 directors, and chief executive officer of a business entity
26 that is serving as the chief administrative or executive
27 officer or employee of a political subdivision, and any
28 employee of the business entity who is acting as the chief
29 administrative or executive officer or employee of the
30 political subdivision, are public officers and employees
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Florida Senate - 2007 SB 724
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1 subject to the standards of conduct described in the following
2 sections:
3 (1) Section 112.313, and their "agency" is the
4 political subdivision that they serve; however, the contract
5 under which the business entity serves as chief executive or
6 administrative officer of the political subdivision may not be
7 deemed to violate s. 112.313(3).
8 (2) Section 112.3145, as a "local officer."
9 (3) Sections 112.3148 and 112.3149, as a "reporting
10 individual."
11 Section 2. Paragraph (e) is added to subsection (1) of
12 section 112.317, Florida Statutes, to read:
13 112.317 Penalties.--
14 (1) Violation of any provision of this part,
15 including, but not limited to, any failure to file any
16 disclosures required by this part or violation of any standard
17 of conduct imposed by this part, or violation of any provision
18 of s. 8, Art. II of the State Constitution, in addition to any
19 criminal penalty or other civil penalty involved, shall, under
20 applicable constitutional and statutory procedures, constitute
21 grounds for, and may be punished by, one or more of the
22 following:
23 (e) In the case of a person who is subject to the
24 standards of this part, other than a lobbyist or lobbying firm
25 under s. 112.3215 for a violation of s. 112.3215, but who is
26 not a public officer or employee:
27 1. Public censure and reprimand.
28 2. A civil penalty not to exceed $10,000.
29 3. Restitution of any pecuniary benefits received
30 because of the violation committed. The commission may
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Florida Senate - 2007 SB 724
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1 recommend that the restitution penalty be paid to the agency
2 of the person or to the General Revenue Fund.
3 Section 3. Paragraph (d) of subsection (8) of section
4 112.324, Florida Statutes, is amended to read:
5 112.324 Procedures on complaints of violations; public
6 records and meeting exemptions.--
7 (8) If, in cases pertaining to complaints other than
8 complaints against impeachable officers or members of the
9 Legislature, upon completion of a full and final investigation
10 by the commission, the commission finds that there has been a
11 violation of this part or of s. 8, Art. II of the State
12 Constitution, it shall be the duty of the commission to report
13 its findings and recommend appropriate action to the proper
14 disciplinary official or body as follows, and such official or
15 body shall have the power to invoke the penalty provisions of
16 this part, including the power to order the appropriate
17 elections official to remove a candidate from the ballot for a
18 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
19 State Constitution:
20 (d) Except as otherwise provided by this part, the
21 Governor, in the case of any other public officer, public
22 employee, former public officer or public employee, candidate,
23 or former candidate, or person who is not a public officer or
24 employee, other than a lobbyist or lobbying firm under s.
25 112.3215 for a violation of s. 112.3215.
26 Section 4. This act shall take effect October 1, 2007.
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Florida Senate - 2007 SB 724
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2 SENATE SUMMARY
3 Subjects officers, directors, and certain employees of a
business entity that is serving as the chief
4 administrative or executive officer or employee of a
political subdivision to specified standards of conduct
5 applicable to public officers and employees. Provides for
enforcement of the standards and penalties for their
6 violation.
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