HB 1113

1	A bill to be entitled
2	An act relating to the code of ethics for public officers
3	and employees; amending s. 112.312, F.S.; redefining the
4	term "business entity" to include a company; amending s.
5	112.313, F.S.; prescribing duties of a local government
6	attorney with respect to advising a public officer or
7	employee seeking advice regarding compliance with a
8	standard of conduct, voting provision, disclosure
9	requirement, provision of part III of ch. 112, F.S., or
10	constitutional provision governing ethics in government;
11	providing that failure to provide such advice is not a
12	violation of the Code of Ethics for Public Officers and
13	Employees; amending s. 112.3135, F.S.; prohibiting a
14	public official from appointing, employing, promoting, or
15	advancing a relative and providing that a relative is not
16	eligible for appointment, employment, promotion, or
17	advancement to a position in an agency in which the
18	official is serving, or in an agency administered by the
19	official or collegial body of which the official is a
20	member; providing that both the official and the
21	official's relative are subject to penalties; providing an
22	exception if the official does not participate in the
23	appointment, employment, promotion, or advancement;
24	amending s. 112.3143, F.S.; revising the disclosure
25	requirements for a state officer when voting in an
26	official capacity; revising the disclosure requirements
27	for an appointed state officer participating in certain
28	matters; providing an exception for a state officer when
29	the officer's principal is an agency as defined in s.
30	112.312(2), F.S.; revising the disclosure requirements for
31	a local officer when prohibited from voting; prohibiting a
32	local officer from participating in any matter involving
33	special gain or loss to certain parties unless such
34	interest in the matter is disclosed; providing
35	requirements for making the disclosure; amending s.
36	112.3145, F.S.; redefining the term "local officer" to
37	include an appointed member of the board of a community
38	redevelopment agency and a finance director of a local
39	government or other political subdivision; requiring a
40	financial interest statement to show the statutory method
41	used to disclose a reporting individual's financial
42	interests; amending s. 112.3148, F.S.; redefining the term
43	"procurement employee"; defining the term "vendor";
44	prohibiting a reporting individual or procurement employee
45	from soliciting a gift from certain vendors; prohibiting
46	such individual or employee from knowingly accepting a
47	gift in excess of a specified value from certain vendors;
48	prohibiting certain vendors from making such a gift to
49	such individual or employee; amending s. 112.3149, F.S.;
50	redefining the term "procurement employee"; defining the
51	term "vendor"; prohibiting a reporting individual or
52	procurement employee from knowingly accepting an
53	honorarium from certain vendors; prohibiting certain
54	vendors from giving an honorarium to such individual or
55	employee; amending s. 112.3215, F.S.; requiring the Ethics
56	Commission to investigate complaints alleging prohibited
57	expenditures; providing for the investigation of lobbyists
58	and principals under certain circumstances; providing
59	penalties for failure to provide required information or
60	providing false information; creating s. 112.3136, F.S.;
61	specifying standards of conduct for officers and employees
62	of entities serving as the chief administrative officer of
63	a political subdivision; amending s. 112.317, F.S.;
64	providing for penalties to be imposed against persons
65	other than lobbyists or public officers and employees;
66	amending s. 112.324, F.S.; providing for the commission to
67	report to the Governor violations involving persons other
68	than lobbyists or public officers and employees; amending
69	s. 411.01, F.S., relating to school readiness programs;
70	conforming a cross-reference; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Subsection (5) of section 112.312, Florida
75	Statutes, is amended to read:
76	112.312  Definitions.--As used in this part and for
77	purposes of the provisions of s. 8, Art. II of the State
78	Constitution, unless the context otherwise requires:
79	(5)  "Business entity" means any corporation, company,
80	partnership, limited partnership, proprietorship, firm,
81	enterprise, franchise, association, self-employed individual, or
82	trust, whether fictitiously named or not, doing business in this
83	state.
84	Section 2.  Paragraph (d) is added to subsection (16) of
85	section 112.313, Florida Statutes, to read:
86	112.313  Standards of conduct for public officers,
87	employees of agencies, and local government attorneys.--
88	(16)  LOCAL GOVERNMENT ATTORNEYS.--
89	(d)  If a public officer or employee seeks advice from the
90	local government attorney regarding the officer's or employee's
91	compliance with any standard of conduct, voting provision,
92	disclosure requirement, or other provision of this part or s. 8,
93	Art. II of the State Constitution, the local government attorney
94	shall advise the officer or employee that the local government
95	attorney is the attorney for the unit of local government and is
96	not the officer's or employee's attorney; that, in addition to
97	or in place of advice on the ethics matter from the local
98	government attorney, the officer or employee should seek advice
99	on the ethics matter from the commission; and that the officer
100	or employee may be penalized in a proceeding relating to an
101	ethics complaint notwithstanding the fact that the officer or
102	employee sought the advice of the local government attorney on
103	the ethics matter. Failure to provide such advice does not
104	constitute a violation of this part and is not punishable under
105	s. 112.317.
106	Section 3.  Paragraph (a) of subsection (2) of section
107	112.3135, Florida Statutes, is amended to read:
108	112.3135  Restriction on employment of relatives.--
109	(2)(a)  A public official may not appoint, employ, promote,
110	or advance, or advocate for appointment, employment, promotion,
111	or advancement, in or to a position in the agency in which the
112	official is serving or over which the official, or collegial
113	body of which the official is a member, exercises jurisdiction
114	or control, any individual who is a relative of the public
115	official. An individual who is a relative of a public official
116	is not eligible for appointment, employment, promotion, or
117	advancement may not be appointed, employed, promoted, or
118	advanced in or to a position in an agency in which the official
119	is serving or over which the official, or the collegial body of
120	which the official is a member, exercises jurisdiction or
121	control. If a prohibited appointment, employment, promotion, or
122	advancement occurs, both the official and the individual shall
123	be subject to penalties under s. 112.317; however, if the
124	appointment, employment, promotion, or advancement is made by
125	the collegial body of which the official is a member without the
126	official's participation, only the individual shall be subject
127	to penalties under s. 112.317. if such appointment, employment,
128	promotion, or advancement has been advocated by a public
129	official, serving in or exercising jurisdiction or control over
130	the agency, who is a relative of the individual or if such
131	appointment, employment, promotion, or advancement is made by a
132	collegial body of which a relative of the individual is a
133	member. However, This subsection does shall not apply to
134	appointments to boards other than those with land-planning or
135	zoning responsibilities in those municipalities with less than
136	35,000 population. This subsection does not apply to persons
137	serving in a volunteer capacity who provide emergency medical,
138	firefighting, or police services. Such persons may receive,
139	without losing their volunteer status, reimbursements for the
140	costs of any training they get relating to the provision of
141	volunteer emergency medical, firefighting, or police services
142	and payment for any incidental expenses relating to those
143	services that they provide.
144	Section 4.  Section 112.3143, Florida Statutes, is amended
145	to read:
146	112.3143  Voting conflicts.--
147	(1)  As used in this section:
148	(a)  "Public officer" includes any person elected or
149	appointed to hold office in any agency, including any person
150	serving on an advisory body.
151	(b)  "Relative" means any father, mother, son, daughter,
152	husband, wife, brother, sister, father-in-law, mother-in-law,
153	son-in-law, or daughter-in-law.
154	(2)  A No state public officer is not prohibited from
155	voting in an official capacity on any matter. However, any state
156	public officer voting in an official capacity upon any measure
157	that which would inure to the officer's special private gain or
158	loss; that which he or she knows would inure to the special
159	private gain or loss of any principal by whom the officer is
160	retained or to the parent organization, sibling, or subsidiary
161	of a corporate principal by which the officer is retained, other
162	than an agency as defined in s. 112.312(2); or that which the
163	officer knows would inure to the special private gain or loss of
164	a relative or business associate of the public officer shall,
165	within 15 days after the vote occurs, disclose the nature of all
166	of his or her interests in the matter, and disclose the nature
167	of all of the interests of his or her principals, relatives, or
168	business associates which are known to him or her, his or her
169	interest as a public record in a memorandum filed with the
170	person responsible for recording the minutes of the meeting, who
171	shall incorporate the memorandum in the minutes.
172	(3)  An appointed state public officer may not participate
173	in any matter that would inure to the officer's special private
174	gain or loss; that the officer knows would inure to the special
175	private gain or loss of any principal by whom he or she is
176	retained or to the parent organization, sibling, or subsidiary
177	of a corporate principal by which he or she is retained, other
178	than an agency as defined in s. 112.312(2); or that he or she
179	knows would inure to the special private gain or loss of a
180	relative or business associate of the public officer, without
181	first disclosing the nature of his or her interest in the
182	matter.
183	(a)  Such disclosure, indicating the nature of all of his
184	or her interests in the matter and disclosing the nature of all
185	of the interests of the principals, relatives, or business
186	associates which are known to him or her, shall be made in a
187	written memorandum and filed with the person responsible for
188	recording the minutes of the meeting before the meeting in which
189	consideration of the matter will take place, and shall be
190	incorporated into the minutes. Any such memorandum becomes a
191	public record upon filing, shall immediately be provided to the
192	other members of the agency, and shall be read publicly at the
193	next meeting held subsequent to the filing of this written
194	memorandum.
195	(b)  If disclosure is not made before the meeting or if any
196	conflict is unknown before the meeting, the disclosure shall be
197	made orally at the meeting when it becomes known that a conflict
198	exists. The written memorandum disclosing the nature of the
199	conflict must be filed with the person responsible for recording
200	the minutes of the meeting within 15 days after the oral
201	disclosure and shall be incorporated into the minutes of the
202	meeting at which the oral disclosure was made. Any such
203	memorandum becomes a public record upon filing, shall
204	immediately be provided to the other members of the agency, and
205	shall be read publicly at the next meeting held subsequent to
206	the filing of this written memorandum.
207	(4)(3)(a)  A No county, municipal, or other local public
208	officer may not shall vote in an official capacity upon any
209	measure that which would inure to his or her special private
210	gain or loss; that which he or she knows would inure to the
211	special private gain or loss of any principal by whom he or she
212	is retained or to the parent organization, sibling, or
213	subsidiary of a corporate principal by which he or she is
214	retained, other than an agency as defined in s. 112.312(2); or
215	that which he or she knows would inure to the special private
216	gain or loss of a relative or business associate of the public
217	officer. Such public officer shall, before prior to the vote is
218	being taken, publicly state to the assembly the nature of all of
219	the officer's interests interest in the matter, and all of the
220	interests in the matter of his or her principals, relatives, or
221	business associates which are known to him or her, from which he
222	or she is abstaining from voting and, within 15 days after the
223	vote occurs, disclose the nature of all of his or her interests
224	in the matter, and disclose the nature of all of the interests
225	of his or her principals, relatives, or business associates
226	which are known to him or her, his or her interest as a public
227	record in a memorandum filed with the person responsible for
228	recording the minutes of the meeting, who shall incorporate the
229	memorandum in the minutes.
230	(b)  However, a commissioner of a community redevelopment
231	agency created or designated pursuant to s. 163.356 or s.
232	163.357, or an officer of an independent special tax district
233	elected on a one-acre, one-vote basis, is not prohibited from
234	voting, when voting in that said capacity.
235	(4)  No appointed public officer shall participate in any
236	matter which would inure to the officer's special private gain
237	or loss; which the officer knows would inure to the special
238	private gain or loss of any principal by whom he or she is
239	retained or to the parent organization or subsidiary of a
240	corporate principal by which he or she is retained; or which he
241	or she knows would inure to the special private gain or loss of
242	a relative or business associate of the public officer, without
243	first disclosing the nature of his or her interest in the
244	matter.
245	(a)  Such disclosure, indicating the nature of the
246	conflict, shall be made in a written memorandum filed with the
247	person responsible for recording the minutes of the meeting,
248	prior to the meeting in which consideration of the matter will
249	take place, and shall be incorporated into the minutes. Any such
250	memorandum shall become a public record upon filing, shall
251	immediately be provided to the other members of the agency, and
252	shall be read publicly at the next meeting held subsequent to
253	the filing of this written memorandum.
254	(b)  In the event that disclosure has not been made prior
255	to the meeting or that any conflict is unknown prior to the
256	meeting, the disclosure shall be made orally at the meeting when
257	it becomes known that a conflict exists. A written memorandum
258	disclosing the nature of the conflict shall then be filed within
259	15 days after the oral disclosure with the person responsible
260	for recording the minutes of the meeting and shall be
261	incorporated into the minutes of the meeting at which the oral
262	disclosure was made. Any such memorandum shall become a public
263	record upon filing, shall immediately be provided to the other
264	members of the agency, and shall be read publicly at the next
265	meeting held subsequent to the filing of this written
266	memorandum.
267	(5)  A county, municipal, or other local public officer may
268	not participate in any matter that would inure to the officer's
269	special private gain or loss; that the officer knows would inure
270	to the special private gain or loss of any principal by whom he
271	or she is retained or to the parent organization, sibling, or
272	subsidiary of a corporate principal by which he or she is
273	retained, other than an agency as defined in s. 112.312(2); or
274	that he or she knows would inure to the special private gain or
275	loss of a relative or business associate of the public officer,
276	without first disclosing the nature of his or her interest in
277	the matter.
278	(a)  Such disclosure, indicating the nature of all of his
279	or her interests in the matter and disclosing the nature of all
280	of the interests of the principals, relatives, or business
281	associates which are known to him or her, shall be made in a
282	written memorandum and filed with the person responsible for
283	recording the minutes of the meeting before the meeting in which
284	consideration of the matter will take place, and shall be
285	incorporated into the minutes. Any such memorandum becomes a
286	public record upon filing, shall immediately be provided to the
287	other members of the agency, and shall be read publicly at the
288	next meeting held subsequent to the filing of this written
289	memorandum.
290	(b)  If disclosure is not made before the meeting or if any
291	conflict is unknown before the meeting, the disclosure shall be
292	made orally at the meeting when it becomes known that a conflict
293	exists. The written memorandum disclosing the nature of the
294	conflict must be filed with the person responsible for recording
295	the minutes of the meeting within 15 days after the oral
296	disclosure and shall be incorporated into the minutes of the
297	meeting at which the oral disclosure was made. Any such
298	memorandum becomes a public record upon filing, shall
299	immediately be provided to the other members of the agency, and
300	shall be read publicly at the next meeting held subsequent to
301	the filing of this written memorandum.
302	(6)(c)  For purposes of this section subsection, the term
303	"participate" means any attempt to influence the decision by
304	oral or written communication, whether made by the officer or at
305	the officer's direction.
306	(7)(5)  Whenever a public officer or former public officer
307	is being considered for appointment or reappointment to public
308	office, the appointing body shall consider the number and nature
309	of the memoranda of conflict previously filed under this section
310	by the said officer.
311	Section 5.  Paragraph (a) of subsection (1) and subsection
312	(3) of section 112.3145, Florida Statutes, are amended to read:
313	112.3145  Disclosure of financial interests and clients
314	represented before agencies.--
315	(1)  For purposes of this section, unless the context
316	otherwise requires, the term:
317	(a)  "Local officer" means:
318	1.  Every person who is elected to office in any political
319	subdivision of the state, and every person who is appointed to
320	fill a vacancy for an unexpired term in such an elective office.
321	2.  Any appointed member of any of the following boards,
322	councils, commissions, authorities, or other bodies of any
323	county, municipality, school district, independent special
324	district, or other political subdivision of the state:
325	a.  The governing body of the political subdivision, if
326	appointed;
327	b.  An expressway authority or transportation authority
328	established by general law;
329	c.  A community college or junior college district board of
330	trustees;
331	d.  A board having the power to enforce local code
332	provisions;
333	e.  A planning or zoning board, board of adjustment, board
334	of appeals, community redevelopment agency board, or other board
335	having the power to recommend, create, or modify land planning
336	or zoning within the political subdivision, except for citizen
337	advisory committees, technical coordinating committees, and such
338	other groups who only have the power to make recommendations to
339	planning or zoning boards;
340	f.  A pension board or retirement board having the power to
341	invest pension or retirement funds or the power to make a
342	binding determination of one's entitlement to or amount of a
343	pension or other retirement benefit; or
344	g.  Any other appointed member of a local government board
345	who is required to file a statement of financial interests by
346	the appointing authority or the enabling legislation, ordinance,
347	or resolution creating the board.
348	3.  Any person holding one or more of the following
349	positions: mayor; county or city manager; chief administrative
350	employee of a county, municipality, or other political
351	subdivision; county or municipal attorney; finance director of a
352	county, municipality, or other political subdivision; chief
353	county or municipal building code inspector; county or municipal
354	water resources coordinator; county or municipal pollution
355	control director; county or municipal environmental control
356	director; county or municipal administrator, with power to grant
357	or deny a land development permit; chief of police; fire chief;
358	municipal clerk; district school superintendent; community
359	college president; district medical examiner; or purchasing
360	agent having the authority to make any purchase exceeding the
361	threshold amount provided for in s. 287.017 for CATEGORY ONE, on
362	behalf of any political subdivision of the state or any entity
363	thereof.
364	(3)  The statement of financial interests for state
365	officers, specified state employees, local officers, and persons
366	seeking to qualify as candidates for state or local office shall
367	be filed even if the reporting person holds no financial
368	interests requiring disclosure, in which case the statement
369	shall be marked "not applicable." Otherwise, the statement of
370	financial interests shall include, at the filer's option,
371	either:
372	(a)1.  All sources of income in excess of 5 percent of the
373	gross income received during the disclosure period by the person
374	in his or her own name or by any other person for his or her use
375	or benefit, excluding public salary. However, this shall not be
376	construed to require disclosure of a business partner's sources
377	of income. The person reporting shall list such sources in
378	descending order of value with the largest source first;
379	2.  All sources of income to a business entity in excess of
380	10 percent of the gross income of a business entity in which the
381	reporting person held a material interest and from which he or
382	she received an amount which was in excess of 10 percent of his
383	or her gross income during the disclosure period and which
384	exceeds $1,500. The period for computing the gross income of the
385	business entity is the fiscal year of the business entity which
386	ended on, or immediately prior to, the end of the disclosure
387	period of the person reporting;
388	3.  The location or description of real property in this
389	state, except for residences and vacation homes, owned directly
390	or indirectly by the person reporting, when such person owns in
391	excess of 5 percent of the value of such real property, and a
392	general description of any intangible personal property worth in
393	excess of 10 percent of such person's total assets. For the
394	purposes of this paragraph, indirect ownership does not include
395	ownership by a spouse or minor child; and
396	4.  Every individual liability that equals more than the
397	reporting person's net worth; or
398	(b)1.  All sources of gross income in excess of $2,500
399	received during the disclosure period by the person in his or
400	her own name or by any other person for his or her use or
401	benefit, excluding public salary. However, this shall not be
402	construed to require disclosure of a business partner's sources
403	of income. The person reporting shall list such sources in
404	descending order of value with the largest source first;
405	2.  All sources of income to a business entity in excess of
406	10 percent of the gross income of a business entity in which the
407	reporting person held a material interest and from which he or
408	she received gross income exceeding $5,000 during the disclosure
409	period. The period for computing the gross income of the
410	business entity is the fiscal year of the business entity which
411	ended on, or immediately prior to, the end of the disclosure
412	period of the person reporting;
413	3.  The location or description of real property in this
414	state, except for residence and vacation homes, owned directly
415	or indirectly by the person reporting, when such person owns in
416	excess of 5 percent of the value of such real property, and a
417	general description of any intangible personal property worth in
418	excess of $10,000. For the purpose of this paragraph, indirect
419	ownership does not include ownership by a spouse or minor child;
420	and
421	4.  Every liability in excess of $10,000.
422
423	A person filing a statement of financial interests shall
424	indicate on the statement whether he or she is using the method
425	specified in paragraph (a) or the method specified in paragraph
426	(b).
427	Section 6.  Paragraph (e) of subsection (2), subsections
428	(3) and (4), and paragraph (a) of subsection (5) of section
429	112.3148, Florida Statutes, are amended, and paragraph (f) is
430	added to subsection (2) of that section, to read:
431	112.3148  Reporting and prohibited receipt of gifts by
432	individuals filing full or limited public disclosure of
433	financial interests and by procurement employees.--
434	(2)  As used in this section:
435	(e)  "Procurement employee" means any employee of an
436	officer, department, board, commission, or council, or agency of
437	the executive branch or judicial branch of state government who
438	has participated in the preceding 12 months participates through
439	decision, approval, disapproval, recommendation, preparation of
440	any part of a purchase request, influencing the content of any
441	specification or procurement standard, rendering of advice,
442	investigation, or auditing or in any other advisory capacity in
443	the procurement of contractual services or commodities as
444	defined in s. 287.012, if the cost of such services or
445	commodities exceeds $10,000 $1,000 in any fiscal year.
446	(f)  "Vendor" means a business entity doing business
447	directly with an agency, such as renting, leasing, or selling
448	any realty, goods, or services.
449	(3)  A reporting individual or procurement employee is
450	prohibited from soliciting any gift from a political committee
451	or committee of continuous existence, as defined in s. 106.011,
452	from a vendor doing business with the reporting individual's or
453	procurement employee's agency, or from a lobbyist who lobbies
454	the reporting individual's or procurement employee's agency, or
455	the partner, firm, employer, or principal of such lobbyist,
456	where such gift is for the personal benefit of the reporting
457	individual or procurement employee, another reporting individual
458	or procurement employee, or any member of the immediate family
459	of a reporting individual or procurement employee.
460	(4)  A reporting individual or procurement employee or any
461	other person on his or her behalf is prohibited from knowingly
462	accepting, directly or indirectly, a gift from a political
463	committee or committee of continuous existence, as defined in s.
464	106.011, from a vendor doing business with the reporting
465	individual's or procurement employee's agency, or from a
466	lobbyist who lobbies the reporting individual's or procurement
467	employee's agency, or directly or indirectly on behalf of the
468	partner, firm, employer, or principal of a lobbyist, if he or
469	she knows or reasonably believes that the gift has a value in
470	excess of $100; however, such a gift may be accepted by such
471	person on behalf of a governmental entity or a charitable
472	organization. If the gift is accepted on behalf of a
473	governmental entity or charitable organization, the person
474	receiving the gift shall not maintain custody of the gift for
475	any period of time beyond that reasonably necessary to arrange
476	for the transfer of custody and ownership of the gift.
477	(5)(a)  A political committee or a committee of continuous
478	existence, as defined in s. 106.011; a vendor doing business
479	with the reporting individual's or procurement employee's
480	agency; a lobbyist who lobbies a reporting individual's or
481	procurement employee's agency; the partner, firm, employer, or
482	principal of a lobbyist; or another on behalf of the lobbyist or
483	partner, firm, principal, or employer of the lobbyist is
484	prohibited from giving, either directly or indirectly, a gift
485	that has a value in excess of $100 to the reporting individual
486	or procurement employee or any other person on his or her
487	behalf; however, such person may give a gift having a value in
488	excess of $100 to a reporting individual or procurement employee
489	if the gift is intended to be transferred to a governmental
490	entity or a charitable organization.
491	Section 7.  Paragraph (e) of subsection (1) and subsections
492	(3) and (4) of section 112.3149, Florida Statutes, are amended,
493	and paragraph (f) is added to subsection (1) of that section, to
494	read:
495	112.3149  Solicitation and disclosure of honoraria.--
496	(1)  As used in this section:
497	(e)  "Procurement employee" means any employee of an
498	officer, department, board, commission, or council, or agency of
499	the executive branch or judicial branch of state government who
500	has participated in the preceding 12 months participates through
501	decision, approval, disapproval, recommendation, preparation of
502	any part of a purchase request, influencing the content of any
503	specification or procurement standard, rendering of advice,
504	investigation, or auditing or in any other advisory capacity in
505	the procurement of contractual services or commodities as
506	defined in s. 287.012, if the cost of such services or
507	commodities exceeds $10,000 $1,000 in any fiscal year.
508	(f)  "Vendor" means a business entity doing business
509	directly with an agency, such as renting, leasing, or selling
510	any realty, goods, or services.
511	(3)  A reporting individual or procurement employee is
512	prohibited from knowingly accepting an honorarium from a
513	political committee or committee of continuous existence, as
514	defined in s. 106.011, from a vendor doing business with the
515	reporting individual's or procurement employee's agency, from a
516	lobbyist who lobbies the reporting individual's or procurement
517	employee's agency, or from the employer, principal, partner, or
518	firm of such a lobbyist.
519	(4)  A political committee or committee of continuous
520	existence, as defined in s. 106.011, a vendor doing business
521	with the reporting individual's or procurement employee's
522	agency, a lobbyist who lobbies a reporting individual's or
523	procurement employee's agency, or the employer, principal,
524	partner, or firm of such a lobbyist is prohibited from giving an
525	honorarium to a reporting individual or procurement employee.
526	Section 8.  Subsection (8) of section 112.3215, Florida
527	Statutes, is amended, present subsections (11), (12), (13), and
528	(14) of that section are redesignated as subsections (12), (13),
529	(14), and (15), respectively, and a new subsection (11) is added
530	to that section, to read:
531	112.3215  Lobbying before the executive branch or the
532	Constitution Revision Commission; registration and reporting;
533	investigation by commission.--
534	(8)(a)  The commission shall investigate every sworn
535	complaint that is filed with it alleging that a person covered
536	by this section has failed to register, has failed to submit a
537	compensation report, has made a prohibited expenditure, or has
538	knowingly submitted false information in any report or
539	registration required in this section.
540	(b)  All proceedings, the complaint, and other records
541	relating to the investigation are confidential and exempt from
542	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
543	Constitution, and any meetings held pursuant to an investigation
544	are exempt from the provisions of s. 286.011(1) and s. 24(b),
545	Art. I of the State Constitution either until the alleged
546	violator requests in writing that such investigation and
547	associated records and meetings be made public or until the
548	commission determines, based on the investigation, whether
549	probable cause exists to believe that a violation has occurred.
550	(c)  The commission shall investigate any lobbying firm,
551	lobbyist, principal, agency, officer, or employee upon receipt
552	of information from a sworn complaint or from a random audit of
553	lobbying reports indicating a possible violation other than a
554	late-filed report.
555	(d)  Records relating to an audit conducted pursuant to
556	this section or an investigation conducted pursuant to this
557	section or s. 112.32155 are confidential and exempt from s.
558	119.07(1) and s. 24(a), Art. I of the State Constitution, and
559	any meetings held pursuant to such an investigation or at which
560	such an audit is discussed are exempt from s. 286.011 and s.
561	24(b), Art. I of the State Constitution either until the
562	lobbying firm requests in writing that such investigation and
563	associated records and meetings be made public or until the
564	commission determines there is probable cause that the audit
565	reflects a violation of the reporting laws. This paragraph is
566	subject to the Open Government Sunset Review Act in accordance
567	with s. 119.15 and shall stand repealed on October 2, 2011,
568	unless reviewed and saved from repeal through reenactment by the
569	Legislature.
570	(11)  Any person who is required to be registered or to
571	provide information under this section or under rules adopted
572	pursuant to this section and who knowingly fails to disclose any
573	material fact that is required by this section or by rules
574	adopted pursuant to this section, or who knowingly provides
575	false information on any report required by this section or by
576	rules adopted pursuant to this section, commits a noncriminal
577	infraction, punishable by a fine not to exceed $5,000. Such
578	penalty is in addition to any other penalty assessed by the
579	Governor and Cabinet pursuant to subsection (10).
580	Section 9.  Section 112.3136, Florida Statutes, is created
581	to read:
582	112.3136  Standards of conduct for officers and employees
583	of entities serving as chief administrative officer of political
584	subdivisions.--The officers, directors, and chief executive
585	officer of a corporation, partnership, or other business entity
586	that is serving as the chief administrative or executive officer
587	or employee of a political subdivision, and any business entity
588	employee who is acting as the chief administrative or executive
589	officer or employee of the political subdivision, shall be
590	treated as public officers and employees for the purpose of the
591	following sections:
592	(1)  Section 112.313, and their "agency" is the political
593	subdivision that they serve; however, the contract under which
594	the business entity serves as chief executive or administrative
595	officer of the political subdivision is not deemed to violate s.
596	112.313(3).
597	(2)  Section 112.3145, as a "local officer."
598	(3)  Sections 112.3148 and 112.3149, as a "reporting
599	individual."
600	Section 10.  Paragraph (e) is added to subsection (1) of
601	section 112.317, Florida Statutes, to read:
602	112.317  Penalties.--
603	(1)  Violation of any provision of this part, including,
604	but not limited to, any failure to file any disclosures required
605	by this part or violation of any standard of conduct imposed by
606	this part, or violation of any provision of s. 8, Art. II of the
607	State Constitution, in addition to any criminal penalty or other
608	civil penalty involved, shall, under applicable constitutional
609	and statutory procedures, constitute grounds for, and may be
610	punished by, one or more of the following:
611	(e)  In the case of a person who is subject to the
612	standards of this part, other than a lobbyist or lobbying firm
613	under s. 112.3215 for a violation of s. 112.3215, but who is not
614	a public officer or employee:
615	1.  Public censure and reprimand.
616	2.  A civil penalty not to exceed $10,000.
617	3.  Restitution of any pecuniary benefits received because
618	of the violation committed. The commission may recommend that
619	the restitution penalty be paid to the agency of the person or
620	to the General Revenue Fund.
621	Section 11.  Paragraph (d) of subsection (8) of section
622	112.324, Florida Statutes, is amended to read:
623	112.324  Procedures on complaints of violations; public
624	records and meeting exemptions.--
625	(8)  If, in cases pertaining to complaints other than
626	complaints against impeachable officers or members of the
627	Legislature, upon completion of a full and final investigation
628	by the commission, the commission finds that there has been a
629	violation of this part or of s. 8, Art. II of the State
630	Constitution, it shall be the duty of the commission to report
631	its findings and recommend appropriate action to the proper
632	disciplinary official or body as follows, and such official or
633	body shall have the power to invoke the penalty provisions of
634	this part, including the power to order the appropriate
635	elections official to remove a candidate from the ballot for a
636	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
637	State Constitution:
638	(d)  Except as otherwise provided by this part, the
639	Governor, in the case of any other public officer, public
640	employee, former public officer or public employee, candidate,
641	or former candidate, or person who is not a public officer or
642	employee, other than lobbyists and lobbying firms under s.
643	112.3215 for violations of s. 112.3215.
644	Section 12.  Paragraph (a) of subsection (5) of section
645	411.01, Florida Statutes, is amended to read:
646	411.01  School readiness programs; early learning
647	coalitions.--
648	(5)  CREATION OF EARLY LEARNING COALITIONS.--
649	(a)  Early learning coalitions.--
650	1.  The Agency for Workforce Innovation shall establish the
651	minimum number of children to be served by each early learning
652	coalition through the coalition's school readiness program. The
653	Agency for Workforce Innovation may only approve school
654	readiness plans in accordance with this minimum number. The
655	minimum number must be uniform for every early learning
656	coalition and must:
657	a.  Permit 30 or fewer coalitions to be established; and
658	b.  Require each coalition to serve at least 2,000 children
659	based upon the average number of all children served per month
660	through the coalition's school readiness program during the
661	previous 12 months.
662
663	The Agency for Workforce Innovation shall adopt procedures for
664	merging early learning coalitions, including procedures for the
665	consolidation of merging coalitions, and for the early
666	termination of the terms of coalition members which are
667	necessary to accomplish the mergers. Each early learning
668	coalition must comply with the merger procedures and shall be
669	organized in accordance with this subparagraph by April 1, 2005.
670	By June 30, 2005, each coalition must complete the transfer of
671	powers, duties, functions, rules, records, personnel, property,
672	and unexpended balances of appropriations, allocations, and
673	other funds to the successor coalition, if applicable.
674	2.  If an early learning coalition would serve fewer
675	children than the minimum number established under subparagraph
676	1., the coalition must merge with another county to form a
677	multicounty coalition. However, the Agency for Workforce
678	Innovation may authorize an early learning coalition to serve
679	fewer children than the minimum number established under
680	subparagraph 1., if:
681	a.  The coalition demonstrates to the Agency for Workforce
682	Innovation that merging with another county or multicounty
683	region contiguous to the coalition would cause an extreme
684	hardship on the coalition;
685	b.  The Agency for Workforce Innovation has determined
686	during the most recent annual review of the coalition's school
687	readiness plan, or through monitoring and performance
688	evaluations conducted under paragraph (4)(l), that the coalition
689	has substantially implemented its plan and substantially met the
690	performance standards and outcome measures adopted by the
691	agency; and
692	c.  The coalition demonstrates to the Agency for Workforce
693	Innovation the coalition's ability to effectively and
694	efficiently implement the Voluntary Prekindergarten Education
695	Program.
696
697	If an early learning coalition fails or refuses to merge as
698	required by this subparagraph, the Agency for Workforce
699	Innovation may dissolve the coalition and temporarily contract
700	with a qualified entity to continue school readiness and
701	prekindergarten services in the coalition's county or
702	multicounty region until the coalition is reestablished through
703	resubmission of a school readiness plan and approval by the
704	agency.
705	3.  Notwithstanding the provisions of subparagraphs 1. and
706	2., the early learning coalitions in Sarasota, Osceola, and
707	Santa Rosa Counties which were in operation on January 1, 2005,
708	are established and authorized to continue operation as
709	independent coalitions, and shall not be counted within the
710	limit of 30 coalitions established in subparagraph 1.
711	4.  Each early learning coalition shall be composed of at
712	least 18 members but not more than 35 members. The Agency for
713	Workforce Innovation shall adopt standards establishing within
714	this range the minimum and maximum number of members that may be
715	appointed to an early learning coalition. These standards must
716	include variations for a coalition serving a multicounty region.
717	Each early learning coalition must comply with these standards.
718	5.  The Governor shall appoint the chair and two other
719	members of each early learning coalition, who must each meet the
720	same qualifications as private sector business members appointed
721	by the coalition under subparagraph 7.
722	6.  Each early learning coalition must include the
723	following members:
724	a.  A Department of Children and Family Services district
725	administrator or his or her designee who is authorized to make
726	decisions on behalf of the department.
727	b.  A district superintendent of schools or his or her
728	designee who is authorized to make decisions on behalf of the
729	district, who shall be a nonvoting member.
730	c.  A regional workforce board executive director or his or
731	her designee.
732	d.  A county health department director or his or her
733	designee.
734	e.  A children's services council or juvenile welfare board
735	chair or executive director, if applicable, who shall be a
736	nonvoting member if the council or board is the fiscal agent of
737	the coalition or if the council or board contracts with and
738	receives funds from the coalition.
739	f.  An agency head of a local licensing agency as defined
740	in s. 402.302, where applicable.
741	g.  A president of a community college or his or her
742	designee.
743	h.  One member appointed by a board of county
744	commissioners.
745	i.  A central agency administrator, where applicable, who
746	shall be a nonvoting member.
747	j.  A Head Start director, who shall be a nonvoting member.
748	k.  A representative of private child care providers,
749	including family day care homes, who shall be a nonvoting
750	member.
751	l.  A representative of faith-based child care providers,
752	who shall be a nonvoting member.
753	m.  A representative of programs for children with
754	disabilities under the federal Individuals with Disabilities
755	Education Act, who shall be a nonvoting member.
756	7.  Including the members appointed by the Governor under
757	subparagraph 5., more than one-third of the members of each
758	early learning coalition must be private sector business members
759	who do not have, and none of whose relatives as defined in s.
760	112.3143 has, a substantial financial interest in the design or
761	delivery of the Voluntary Prekindergarten Education Program
762	created under part V of chapter 1002 or the coalition's school
763	readiness program. To meet this requirement an early learning
764	coalition must appoint additional members from a list of
765	nominees submitted to the coalition by a chamber of commerce or
766	economic development council within the geographic region served
767	by the coalition. The Agency for Workforce Innovation shall
768	establish criteria for appointing private sector business
769	members. These criteria must include standards for determining
770	whether a member or relative has a substantial financial
771	interest in the design or delivery of the Voluntary
772	Prekindergarten Education Program or the coalition's school
773	readiness program.
774	8.  A majority of the voting membership of an early
775	learning coalition constitutes a quorum required to conduct the
776	business of the coalition.
777	9.  A voting member of an early learning coalition may not
778	appoint a designee to act in his or her place, except as
779	otherwise provided in this paragraph. A voting member may send a
780	representative to coalition meetings, but that representative
781	does not have voting privileges. When a district administrator
782	for the Department of Children and Family Services appoints a
783	designee to an early learning coalition, the designee is the
784	voting member of the coalition, and any individual attending in
785	the designee's place, including the district administrator, does
786	not have voting privileges.
787	10.  Each member of an early learning coalition is subject
788	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
789	112.3143(4)(a) s. 112.3143(3)(a), each voting member is a local
790	public officer who must abstain from voting when a voting
791	conflict exists.
792	11.  For purposes of tort liability, each member or
793	employee of an early learning coalition shall be governed by s.
794	768.28.
795	12.  An early learning coalition serving a multicounty
796	region must include representation from each county.
797	13.  Each early learning coalition shall establish terms
798	for all appointed members of the coalition. The terms must be
799	staggered and must be a uniform length that does not exceed 4
800	years per term. Appointed members may serve a maximum of two
801	consecutive terms. When a vacancy occurs in an appointed
802	position, the coalition must advertise the vacancy.
803	Section 13.  This act shall take effect January 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.