Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1220

801786

CHAMBER ACTION

Senate

Comm: RCS

3/11/2008

House

The Committee on Ethics and Elections (Constantine) recommended

the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

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

Statutes, is amended to read:

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

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

Constitution, unless the context otherwise requires:

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

partnership, limited partnership, proprietorship, firm,

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

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

state.

Section 2. Paragraph (d) is added to subsection (16) of

section 112.313, Florida Statutes, to read:

112.313 Standards of conduct for public officers,

employees of agencies, and local government attorneys.--

(16) LOCAL GOVERNMENT ATTORNEYS.--

(d) If a public officer or employee seeks advice from the

local government attorney regarding the officer's or employee's

compliance with any standard of conduct, voting provision,

disclosure requirement, or other provision of this part or s. 8,

Art. II of the State Constitution, the local government attorney

shall advise the officer or employee that the local government

attorney is the attorney for the unit of local government and is

not the officer's or employee's attorney; that, in addition to

or in place of advice on the ethics matter from the local

government attorney, the officer or employee should seek advice

on the ethics matter from the commission; and that the officer

or employee may be penalized in a proceeding relating to an

ethics complaint notwithstanding the fact that the officer or

employee sought the advice of the local government attorney on

the ethics matter. Failure to provide such advice does not

constitute a violation of this part and is not punishable under

s. 112.317.

Section 3. Paragraph (a) of subsection (2) of section

112.3135, Florida Statutes, is amended to read:

112.3135 Restriction on employment of relatives.--

(2)(a) A public official may not appoint, employ, promote,

or advance, or advocate for appointment, employment, promotion,

or advancement, in or to a position in the agency in which the

official is serving or over which the official, or collegial

body of which the official is a member, exercises jurisdiction

or control, any individual who is a relative of the public

official. An individual who is a relative of a public official

is not eligible for appointment, employment, promotion, or

advancement may not be appointed, employed, promoted, or

advanced in or to a position in an agency in which the official

is serving or over which the official, or the collegial body of

which the official is a member, exercises jurisdiction or

control. If a prohibited appointment, employment, promotion, or

advancement occurs, both the official and the individual shall

be subject to penalties under s. 112.317; however, if the

appointment, employment, promotion, or advancement is made by

the collegial body of which the official is a member without the

official's participation, only the individual shall be subject

to penalties under s. 112.317. if such appointment, employment,

promotion, or advancement has been advocated by a public

official, serving in or exercising jurisdiction or control over

the agency, who is a relative of the individual or if such

appointment, employment, promotion, or advancement is made by a

collegial body of which a relative of the individual is a

member. However, this subsection does shall not apply to

appointments to boards other than those with land-planning or

zoning responsibilities in those municipalities with less than

35,000 population. This subsection does not apply to persons

serving in a volunteer capacity who provide emergency medical,

firefighting, or police services. Such persons may receive,

without losing their volunteer status, reimbursements for the

costs of any training they get relating to the provision of

volunteer emergency medical, firefighting, or police services

and payment for any incidental expenses relating to those

services that they provide.

Section 4. Section 112.3143, Florida Statutes, is amended

to read:

112.3143 Voting conflicts.--

(1) As used in this section:

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

appointed to hold office in any agency, including any person

serving on an advisory body.

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

husband, wife, brother, sister, father-in-law, mother-in-law,

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

(2) A No state public officer is not prohibited from

voting in an official capacity on any matter. However, any state

public officer voting in an official capacity upon any measure

that which would inure to the officer's special private gain or

loss; that which he or she knows would inure to the special

private gain or loss of any principal by whom the officer is

retained or to the parent organization, sibling, or subsidiary

of a corporate principal by which the officer is retained, other

than an agency as defined in s. 112.312(2); or that which the

officer knows would inure to the special private gain or loss of

a relative or business associate of the public officer shall,

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

of his or her interests in the matter, and disclose the nature

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of all of the interests of his or her principals, relatives, or

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business associates which are known to him or her, his or her

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interest as a public record in a memorandum filed with the

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person responsible for recording the minutes of the meeting, who

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shall incorporate the memorandum in the minutes.

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(3) An appointed state public officer may not participate

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in any matter that would inure to the officer's special private

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gain or loss; that the officer knows would inure to the special

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private gain or loss of any principal by whom he or she is

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retained or to the parent organization, sibling, or subsidiary

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of a corporate principal by which he or she is retained, other

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than an agency as defined in s. 112.312(2); or that he or she

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knows would inure to the special private gain or loss of a

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relative or business associate of the public officer, without

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first disclosing the nature of his or her interest in the

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matter.

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

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or her interests in the matter and disclosing the nature of all

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of the interests of the principals, relatives, or business

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associates which are known to him or her, shall be made in a

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written memorandum and filed with the person responsible for

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recording the minutes of the meeting before the meeting in which

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consideration of the matter will take place, and shall be

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incorporated into the minutes. Any such memorandum becomes a

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public record upon filing, shall immediately be provided to the

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other members of the agency, and shall be read publicly at the

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next meeting held subsequent to the filing of this written

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memorandum.

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

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conflict is unknown before the meeting, the disclosure shall be

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made orally at the meeting when it becomes known that a conflict

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exists. The written memorandum disclosing the nature of the

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conflict must be filed with the person responsible for recording

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the minutes of the meeting within 15 days after the oral

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disclosure and shall be incorporated into the minutes of the

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meeting at which the oral disclosure was made. Any such

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memorandum becomes a public record upon filing, shall

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

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shall be read publicly at the next meeting held subsequent to

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the filing of this written memorandum.

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(4)(3)(a) A No county, municipal, or other local public

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officer may not shall vote in an official capacity upon any

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measure that which would inure to his or her special private

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gain or loss; that which he or she knows would inure to the

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

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is retained or to the parent organization, sibling, or

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subsidiary of a corporate principal by which he or she is

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

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

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

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

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being taken, publicly state to the assembly the nature of all of

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

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

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business associates which are known to him or her, from which he

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or she is abstaining from voting and, within 15 days after the

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

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

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of his or her principals, relatives, or business associates

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which are known to him or her, his or her interest as a public

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record in a memorandum filed with the person responsible for

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recording the minutes of the meeting, who shall incorporate the

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memorandum in the minutes.

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(b) However, a commissioner of a community redevelopment

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agency created or designated pursuant to s. 163.356 or s.

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163.357, or an officer of an independent special tax district

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elected on a one-acre, one-vote basis, is not prohibited from

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voting, when voting in that said capacity.

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(4) No appointed public officer shall participate in any

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matter which would inure to the officer's special private gain

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or loss; which the officer knows would inure to the special

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private gain or loss of any principal by whom he or she is

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retained or to the parent organization or subsidiary of a

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

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or she knows would inure to the special private gain or loss of

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a relative or business associate of the public officer, without

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first disclosing the nature of his or her interest in the

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matter.

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(a) Such disclosure, indicating the nature of the

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

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person responsible for recording the minutes of the meeting,

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prior to the meeting in which consideration of the matter will

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

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memorandum shall become a public record upon filing, shall

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

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shall be read publicly at the next meeting held subsequent to

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the filing of this written memorandum.

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

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

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

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it becomes known that a conflict exists. A written memorandum

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disclosing the nature of the conflict shall then be filed within

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15 days after the oral disclosure with the person responsible

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for recording the minutes of the meeting and shall be

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incorporated into the minutes of the meeting at which the oral

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disclosure was made. Any such memorandum shall become a public

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record upon filing, shall immediately be provided to the other

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members of the agency, and shall be read publicly at the next

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meeting held subsequent to the filing of this written

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memorandum.

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(5) A county, municipal, or other local public officer may

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not participate in any matter that would inure to the officer's

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

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

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or she is retained or to the parent organization, sibling, or

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subsidiary of a corporate principal by which he or she is

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

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

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loss of a relative or business associate of the public officer,

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without first disclosing the nature of his or her interest in

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the matter.

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

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or her interests in the matter and disclosing the nature of all

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of the interests of the principals, relatives, or business

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associates which are known to him or her, shall be made in a

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written memorandum and filed with the person responsible for

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recording the minutes of the meeting before the meeting in which

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consideration of the matter will take place, and shall be

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incorporated into the minutes. Any such memorandum becomes a

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public record upon filing, shall immediately be provided to the

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other members of the agency, and shall be read publicly at the

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next meeting held subsequent to the filing of this written

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memorandum.

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

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conflict is unknown before the meeting, the disclosure shall be

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made orally at the meeting when it becomes known that a conflict

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exists. The written memorandum disclosing the nature of the

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conflict must be filed with the person responsible for recording

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the minutes of the meeting within 15 days after the oral

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disclosure and shall be incorporated into the minutes of the

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meeting at which the oral disclosure was made. Any such

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memorandum becomes a public record upon filing, shall

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

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shall be read publicly at the next meeting held subsequent to

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the filing of this written memorandum.

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

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"participate" means any attempt to influence the decision by

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

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the officer's direction.

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

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is being considered for appointment or reappointment to public

241

office, the appointing body shall consider the number and nature

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of the memoranda of conflict previously filed under this section

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by the said officer.

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Section 5. Paragraph (a) of subsection (1) and subsection

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(3) of section 112.3145, Florida Statutes, are amended to read:

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112.3145 Disclosure of financial interests and clients

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represented before agencies.--

248

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

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otherwise requires, the term:

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(a) "Local officer" means:

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1. Every person who is elected to office in any political

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subdivision of the state, and every person who is appointed to

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fill a vacancy for an unexpired term in such an elective office.

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2. Any appointed member of any of the following boards,

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councils, commissions, authorities, or other bodies of any

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county, municipality, school district, independent special

257

district, or other political subdivision of the state:

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a. The governing body of the political subdivision, if

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appointed;

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b. An expressway authority or transportation authority

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established by general law;

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c. A community college or junior college district board of

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trustees;

264

d. A board having the power to enforce local code

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provisions;

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

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of appeals, community redevelopment agency board, or other board

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having the power to recommend, create, or modify land planning

269

or zoning within the political subdivision, except for citizen

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advisory committees, technical coordinating committees, and such

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other groups who only have the power to make recommendations to

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planning or zoning boards;

273

f. A pension board or retirement board having the power to

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invest pension or retirement funds or the power to make a

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

276

pension or other retirement benefit; or

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g. Any other appointed member of a local government board

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who is required to file a statement of financial interests by

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the appointing authority or the enabling legislation, ordinance,

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or resolution creating the board.

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3. Any person holding one or more of the following

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positions: mayor; county or city manager; chief administrative

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employee of a county, municipality, or other political

284

subdivision; county or municipal attorney; finance director of a

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county, municipality, or other political subdivision; chief

286

county or municipal building code inspector; county or municipal

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water resources coordinator; county or municipal pollution

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control director; county or municipal environmental control

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director; county or municipal administrator, with power to grant

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or deny a land development permit; chief of police; fire chief;

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municipal clerk; district school superintendent; community

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college president; district medical examiner; or purchasing

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agent having the authority to make any purchase exceeding the

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

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behalf of any political subdivision of the state or any entity

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thereof.

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(3) The statement of financial interests for state

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officers, specified state employees, local officers, and persons

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seeking to qualify as candidates for state or local office shall

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be filed even if the reporting person holds no financial

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interests requiring disclosure, in which case the statement

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

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financial interests shall include, at the filer's option,

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either:

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

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gross income received during the disclosure period by the person

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

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

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construed to require disclosure of a business partner's sources

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of income. The person reporting shall list such sources in

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descending order of value with the largest source first;

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

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10 percent of the gross income of a business entity in which the

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reporting person held a material interest and from which he or

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she received an amount which was in excess of 10 percent of his

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or her gross income during the disclosure period and which

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exceeds $1,500. The period for computing the gross income of the

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business entity is the fiscal year of the business entity which

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ended on, or immediately prior to, the end of the disclosure

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period of the person reporting;

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3. The location or description of real property in this

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state, except for residences and vacation homes, owned directly

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or indirectly by the person reporting, when such person owns in

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excess of 5 percent of the value of such real property, and a

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general description of any intangible personal property worth in

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excess of 10 percent of such person's total assets. For the

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purposes of this paragraph, indirect ownership does not include

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ownership by a spouse or minor child; and

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4. Every individual liability that equals more than the

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reporting person's net worth; or

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

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received during the disclosure period by the person in his or

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

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

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construed to require disclosure of a business partner's sources

336

of income. The person reporting shall list such sources in

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descending order of value with the largest source first;

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

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10 percent of the gross income of a business entity in which the

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reporting person held a material interest and from which he or

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she received gross income exceeding $5,000 during the disclosure

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period. The period for computing the gross income of the

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business entity is the fiscal year of the business entity which

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ended on, or immediately prior to, the end of the disclosure

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period of the person reporting;

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3. The location or description of real property in this

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state, except for residence and vacation homes, owned directly

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or indirectly by the person reporting, when such person owns in

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excess of 5 percent of the value of such real property, and a

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general description of any intangible personal property worth in

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excess of $10,000. For the purpose of this paragraph, indirect

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ownership does not include ownership by a spouse or minor child;

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and

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

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A person filing a statement of financial interests shall

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indicate on the statement whether he or she is using the method

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specified in paragraph (a) or the method specified in paragraph

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(b).

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Section 6. Paragraph (e) of subsection (2), subsection

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

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section 112.3148, Florida Statutes, are amended, and paragraph

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(f) is added to subsection (2) of that section, to read:

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112.3148 Reporting and prohibited receipt of gifts by

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individuals filing full or limited public disclosure of

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financial interests and by procurement employees.--

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(2) As used in this section:

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

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

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the executive branch or judicial branch of state government who

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has participated in the preceding 12 months participates through

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decision, approval, disapproval, recommendation, preparation of

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any part of a purchase request, influencing the content of any

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specification or procurement standard, rendering of advice,

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investigation, or auditing or in any other advisory capacity in

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the procurement of contractual services or commodities as

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defined in s. 287.012, if the cost of such services or

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commodities exceeds $10,000 $1,000 in any fiscal year.

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(f) "Vendor" means a business entity doing business

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directly with an agency, such as renting, leasing, or selling

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any realty, goods, or services.

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(3) A reporting individual or procurement employee is

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prohibited from soliciting any gift from a political committee

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or committee of continuous existence, as defined in s. 106.011,

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from a vendor doing business with the reporting individual's or

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procurement employee's agency, or from a lobbyist who lobbies

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

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the partner, firm, employer, or principal of such lobbyist,

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where such gift is for the personal benefit of the reporting

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individual or procurement employee, another reporting individual

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or procurement employee, or any member of the immediate family

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of a reporting individual or procurement employee.

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(4) A reporting individual or procurement employee or any

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other person on his or her behalf is prohibited from knowingly

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accepting, directly or indirectly, a gift from a political

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

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106.011, from a vendor doing business with the reporting

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

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lobbyist who lobbies the reporting individual's or procurement

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employee's agency, or directly or indirectly on behalf of the

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partner, firm, employer, or principal of a lobbyist, if he or

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she knows or reasonably believes that the gift has a value in

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excess of $100; however, such a gift may be accepted by such

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person on behalf of a governmental entity or a charitable

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organization. If the gift is accepted on behalf of a

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governmental entity or charitable organization, the person

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receiving the gift shall not maintain custody of the gift for

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any period of time beyond that reasonably necessary to arrange

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for the transfer of custody and ownership of the gift.

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

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

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with the reporting individual's or procurement employee's

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agency; a lobbyist who lobbies a reporting individual's or

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procurement employee's agency; the partner, firm, employer, or

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principal of a lobbyist; or another on behalf of the lobbyist or

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partner, firm, principal, or employer of the lobbyist is

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prohibited from giving, either directly or indirectly, a gift

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that has a value in excess of $100 to the reporting individual

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or procurement employee or any other person on his or her

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behalf; however, such person may give a gift having a value in

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excess of $100 to a reporting individual or procurement employee

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if the gift is intended to be transferred to a governmental

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entity or a charitable organization.

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Section 7. Paragraph (e) of subsection (1) and subsections

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(3) and (4) of section 112.3149, Florida Statutes, are amended,

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and paragraph (f) is added to subsection (1) of that section, to

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read:

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112.3149 Solicitation and disclosure of honoraria.--

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(1) As used in this section:

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

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

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the executive branch or judicial branch of state government who

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has participated in the preceding 12 months participates through

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decision, approval, disapproval, recommendation, preparation of

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any part of a purchase request, influencing the content of any

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specification or procurement standard, rendering of advice,

437

investigation, or auditing or in any other advisory capacity in

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the procurement of contractual services or commodities as

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defined in s. 287.012, if the cost of such services or

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commodities exceeds $10,000 $1,000 in any fiscal year.

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(f) "Vendor" means a business entity doing business

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directly with an agency, such as renting, leasing, or selling

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any realty, goods, or services.

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(3) A reporting individual or procurement employee is

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prohibited from knowingly accepting an honorarium from a

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political committee or committee of continuous existence, as

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

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

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lobbyist who lobbies the reporting individual's or procurement

450

employee's agency, or from the employer, principal, partner, or

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firm of such a lobbyist.

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(4) A political committee or committee of continuous

453

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

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with the reporting individual's or procurement employee's

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

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

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

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honorarium to a reporting individual or procurement employee.

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

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

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(14) of that section are redesignated as subsections (12), (13),

462

(14), and (15), respectively, and a new subsection (11) is added

463

to that section, to read:

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112.3215 Lobbying before the executive branch or the

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Constitution Revision Commission; registration and reporting;

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investigation by commission.--

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

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complaint that is filed with it alleging that a person covered

469

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

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compensation report, has made a prohibited expenditure, or has

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knowingly submitted false information in any report or

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registration required in this section.

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

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relating to the investigation are confidential and exempt from

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

476

Constitution, and any meetings held pursuant to an investigation

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are exempt from the provisions of s. 286.011(1) and s. 24(b),

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Art. I of the State Constitution either until the alleged

479

violator requests in writing that such investigation and

480

associated records and meetings be made public or until the

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commission determines, based on the investigation, whether

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probable cause exists to believe that a violation has occurred.

483

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lobbyist, principal, agency, officer, or employee upon receipt

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of information from a sworn complaint or from a random audit of

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lobbying reports indicating a possible violation other than a

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late-filed report.

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(d) Records relating to an audit conducted pursuant to

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this section or an investigation conducted pursuant to this

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

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

492

any meetings held pursuant to such an investigation or at which

493

such an audit is discussed are exempt from s. 286.011 and s.

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

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lobbying firm requests in writing that such investigation and

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associated records and meetings be made public or until the

497

commission determines there is probable cause that the audit

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reflects a violation of the reporting laws. This paragraph is

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subject to the Open Government Sunset Review Act in accordance

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with s. 119.15 and shall stand repealed on October 2, 2011,

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unless reviewed and saved from repeal through reenactment by the

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Legislature.

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

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provide information under this section or under rules adopted

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pursuant to this section and who knowingly fails to disclose any

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material fact that is required by this section or by rules

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adopted pursuant to this section, or who knowingly provides

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false information on any report required by this section or by

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rules adopted pursuant to this section, commits a noncriminal

510

infraction, punishable by a fine not to exceed $5,000. Such

511

penalty is in addition to any other penalty assessed by the

512

Governor and Cabinet pursuant to subsection (10).

513

Section 9. Section 112.3136, Florida Statutes, is created

514

to read:

515

112.3136 Standards of conduct for officers and employees

516

of entities serving as chief administrative officer of political

517

subdivisions.--The officers, directors, and chief executive

518

officer of a corporation, partnership, or other business entity

519

that is serving as the chief administrative or executive officer

520

or employee of a political subdivision, and any business entity

521

employee who is acting as the chief administrative or executive

522

officer or employee of the political subdivision, shall be

523

treated as public officers and employees for the purpose of the

524

following sections:

525

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

526

subdivision that they serve; however, the contract under which

527

the business entity serves as chief executive or administrative

528

officer of the political subdivision is not deemed to violate s.

529

112.313(3).

530

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

531

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

532

individual."

533

Section 10. Paragraph (e) is added to subsection (1) of

534

section 112.317, Florida Statutes, to read:

535

112.317 Penalties.--

536

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

537

but not limited to, any failure to file any disclosures required

538

by this part or violation of any standard of conduct imposed by

539

this part, or violation of any provision of s. 8, Art. II of the

540

State Constitution, in addition to any criminal penalty or other

541

civil penalty involved, shall, under applicable constitutional

542

and statutory procedures, constitute grounds for, and may be

543

punished by, one or more of the following:

544

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

545

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

546

under s. 112.3215 for a violation of s. 112.3215, but who is not

547

a public officer or employee:

548

1. Public censure and reprimand.

549

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

550

3. Restitution of any pecuniary benefits received because

551

of the violation committed. The commission may recommend that

552

the restitution penalty be paid to the agency of the person or

553

to the General Revenue Fund.

554

Section 11. Paragraph (d) of subsection (8) of section

555

112.324, Florida Statutes, is amended to read:

556

112.324 Procedures on complaints of violations; public

557

records and meeting exemptions.--

558

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

559

complaints against impeachable officers or members of the

560

Legislature, upon completion of a full and final investigation

561

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

562

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

563

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

564

its findings and recommend appropriate action to the proper

565

disciplinary official or body as follows, and such official or

566

body shall have the power to invoke the penalty provisions of

567

this part, including the power to order the appropriate

568

elections official to remove a candidate from the ballot for a

569

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

570

State Constitution:

571

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

572

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

573

employee, former public officer or public employee, candidate,

574

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

575

employee, other than lobbyists and lobbying firms under s.

576

112.3215 for violations of s. 112.3215.

577

Section 12. Paragraph (a) of subsection (5) of section

578

411.01, Florida Statutes, is amended to read:

579

411.01 School readiness programs; early learning

580

coalitions.--

581

(5) CREATION OF EARLY LEARNING COALITIONS.--

582

(a) Early learning coalitions.--

583

1. The Agency for Workforce Innovation shall establish the

584

minimum number of children to be served by each early learning

585

coalition through the coalition's school readiness program. The

586

Agency for Workforce Innovation may only approve school

587

readiness plans in accordance with this minimum number. The

588

minimum number must be uniform for every early learning

589

coalition and must:

590

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

591

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

592

based upon the average number of all children served per month

593

through the coalition's school readiness program during the

594

previous 12 months.

595

596

The Agency for Workforce Innovation shall adopt procedures for

597

merging early learning coalitions, including procedures for the

598

consolidation of merging coalitions, and for the early

599

termination of the terms of coalition members which are

600

necessary to accomplish the mergers. Each early learning

601

coalition must comply with the merger procedures and shall be

602

organized in accordance with this subparagraph by April 1, 2005.

603

By June 30, 2005, each coalition must complete the transfer of

604

powers, duties, functions, rules, records, personnel, property,

605

and unexpended balances of appropriations, allocations, and

606

other funds to the successor coalition, if applicable.

607

2. If an early learning coalition would serve fewer

608

children than the minimum number established under subparagraph

609

1., the coalition must merge with another county to form a

610

multicounty coalition. However, the Agency for Workforce

611

Innovation may authorize an early learning coalition to serve

612

fewer children than the minimum number established under

613

subparagraph 1., if:

614

a. The coalition demonstrates to the Agency for Workforce

615

Innovation that merging with another county or multicounty

616

region contiguous to the coalition would cause an extreme

617

hardship on the coalition;

618

b. The Agency for Workforce Innovation has determined

619

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

620

readiness plan, or through monitoring and performance

621

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

622

has substantially implemented its plan and substantially met the

623

performance standards and outcome measures adopted by the

624

agency; and

625

c. The coalition demonstrates to the Agency for Workforce

626

Innovation the coalition's ability to effectively and

627

efficiently implement the Voluntary Prekindergarten Education

628

Program.

629

630

If an early learning coalition fails or refuses to merge as

631

required by this subparagraph, the Agency for Workforce

632

Innovation may dissolve the coalition and temporarily contract

633

with a qualified entity to continue school readiness and

634

prekindergarten services in the coalition's county or

635

multicounty region until the coalition is reestablished through

636

resubmission of a school readiness plan and approval by the

637

agency.

638

3. Notwithstanding the provisions of subparagraphs 1. and

639

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

640

Santa Rosa Counties which were in operation on January 1, 2005,

641

are established and authorized to continue operation as

642

independent coalitions, and shall not be counted within the

643

limit of 30 coalitions established in subparagraph 1.

644

4. Each early learning coalition shall be composed of at

645

least 18 members but not more than 35 members. The Agency for

646

Workforce Innovation shall adopt standards establishing within

647

this range the minimum and maximum number of members that may be

648

appointed to an early learning coalition. These standards must

649

include variations for a coalition serving a multicounty region.

650

Each early learning coalition must comply with these standards.

651

5. The Governor shall appoint the chair and two other

652

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

653

same qualifications as private sector business members appointed

654

by the coalition under subparagraph 7.

655

6. Each early learning coalition must include the

656

following members:

657

a. A Department of Children and Family Services district

658

administrator or his or her designee who is authorized to make

659

decisions on behalf of the department.

660

b. A district superintendent of schools or his or her

661

designee who is authorized to make decisions on behalf of the

662

district, who shall be a nonvoting member.

663

c. A regional workforce board executive director or his or

664

her designee.

665

d. A county health department director or his or her

666

designee.

667

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

668

chair or executive director, if applicable, who shall be a

669

nonvoting member if the council or board is the fiscal agent of

670

the coalition or if the council or board contracts with and

671

receives funds from the coalition.

672

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

673

in s. 402.302, where applicable.

674

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

675

designee.

676

h. One member appointed by a board of county

677

commissioners.

678

i. A central agency administrator, where applicable, who

679

shall be a nonvoting member.

680

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

681

k. A representative of private child care providers,

682

including family day care homes, who shall be a nonvoting

683

member.

684

l. A representative of faith-based child care providers,

685

who shall be a nonvoting member.

686

m. A representative of programs for children with

687

disabilities under the federal Individuals with Disabilities

688

Education Act, who shall be a nonvoting member.

689

7. Including the members appointed by the Governor under

690

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

691

early learning coalition must be private sector business members

692

who do not have, and none of whose relatives as defined in s.

693

112.3143 has, a substantial financial interest in the design or

694

delivery of the Voluntary Prekindergarten Education Program

695

created under part V of chapter 1002 or the coalition's school

696

readiness program. To meet this requirement an early learning

697

coalition must appoint additional members from a list of

698

nominees submitted to the coalition by a chamber of commerce or

699

economic development council within the geographic region served

700

by the coalition. The Agency for Workforce Innovation shall

701

establish criteria for appointing private sector business

702

members. These criteria must include standards for determining

703

whether a member or relative has a substantial financial

704

interest in the design or delivery of the Voluntary

705

Prekindergarten Education Program or the coalition's school

706

readiness program.

707

8. A majority of the voting membership of an early

708

learning coalition constitutes a quorum required to conduct the

709

business of the coalition.

710

9. A voting member of an early learning coalition may not

711

appoint a designee to act in his or her place, except as

712

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

713

representative to coalition meetings, but that representative

714

does not have voting privileges. When a district administrator

715

for the Department of Children and Family Services appoints a

716

designee to an early learning coalition, the designee is the

717

voting member of the coalition, and any individual attending in

718

the designee's place, including the district administrator, does

719

not have voting privileges.

720

10. Each member of an early learning coalition is subject

721

to ss. 112.313, 112.3135, and 112.3143. For purposes of s.

722

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

723

public officer who must abstain from voting when a voting

724

conflict exists.

725

11. For purposes of tort liability, each member or

726

employee of an early learning coalition shall be governed by s.

727

768.28.

728

12. An early learning coalition serving a multicounty

729

region must include representation from each county.

730

13. Each early learning coalition shall establish terms

731

for all appointed members of the coalition. The terms must be

732

staggered and must be a uniform length that does not exceed 4

733

years per term. Appointed members may serve a maximum of two

734

consecutive terms. When a vacancy occurs in an appointed

735

position, the coalition must advertise the vacancy.

736

Section 13. This act shall take effect January 1, 2009.

737

738

================ T I T L E A M E N D M E N T ================

739

And the title is amended as follows:

740

Delete everything before the enacting clause

741

and insert:

742

A bill to be entitled

743

An act relating to the code of ethics for public officers

744

and employees; amending s. 112.312, F.S.; redefining the

745

term "business entity" to include a company; amending s.

746

112.313, F.S.; prescribing duties of a local government

747

attorney with respect to advising a public officer or

748

employee seeking advice regarding compliance with a

749

standard of conduct, voting provision, disclosure

750

requirement, provision of part III of ch. 112, F.S., or

751

constitutional provision governing ethics in government;

752

providing that failure to provide such advice is not a

753

violation of the Code of Ethics for Public Officers and

754

Employees; amending s. 112.3135, F.S.; prohibiting a

755

public official from appointing, employing, promoting, or

756

advancing a relative and providing that a relative is not

757

eligible for appointment, employment, promotion, or

758

advancement to a position in an agency in which the

759

official is serving, or in an agency administered by the

760

official or collegial body of which the official is a

761

member; providing that both the official and the

762

official's relative are subject to penalties; providing an

763

exception if the official does not participate in the

764

appointment, employment, promotion, or advancement;

765

amending s. 112.3143, F.S.; revising the disclosure

766

requirements for a state officer when voting in an

767

official capacity; revising the disclosure requirements

768

for an appointed state officer participating in certain

769

matters; providing an exception for a state officer when

770

the officer's principal is an agency as defined in s.

771

112.312(2), F.S.; revising the disclosure requirements for

772

a local officer when prohibited from voting; prohibiting a

773

local officer from participating in any matter involving

774

special gain or loss to certain parties unless such

775

interest in the matter is disclosed; providing

776

requirements for making the disclosure; amending s.

777

112.3145, F.S.; redefining the term "local officer" to

778

include an appointed member of the board of a community

779

redevelopment agency and a finance director of a local

780

government or other political subdivision; requiring a

781

financial interest statement to show the statutory method

782

used to disclose a reporting individual's financial

783

interests; amending s. 112.3148, F.S.; redefining the term

784

"procurement employee"; defining the term "vendor";

785

prohibiting a reporting individual or procurement employee

786

from soliciting a gift from certain vendors; prohibiting

787

such individual or employee from knowingly accepting a

788

gift in excess of a specified value from certain vendors;

789

prohibiting certain vendors from making such a gift to

790

such individual or employee; amending s. 112.3149, F.S.;

791

redefining the term "procurement employee"; defining the

792

term "vendor"; prohibiting a reporting individual or

793

procurement employee from knowingly accepting an

794

honorarium from certain vendors; prohibiting certain

795

vendors from giving an honorarium to such individual or

796

employee; amending s. 112.3215, F.S.; requiring the Ethics

797

Commission to investigate complaints alleging prohibited

798

expenditures; providing for the investigation of lobbyists

799

and principals under certain circumstances; providing

800

penalties for failure to provide required information or

801

providing false information; creating s. 112.3136, F.S.;

802

specifying standards of conduct for officers and employees

803

of entities serving as the chief administrative officer of

804

a political subdivision; amending s. 112.317, F.S.;

805

providing for penalties to be imposed against persons

806

other than lobbyists or public officers and employees;

807

amending s. 112.324, F.S.; providing for the commission to

808

report to the Governor violations involving persons other

809

than lobbyists or public officers and employees; amending

810

s. 411.01, F.S., relating to school readiness programs;

811

conforming a cross-reference; providing an effective date.

3/7/2008 12:36:00 PM 582-04556A-08

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