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A bill to be entitled

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An act relating to local government; creating s. 112.3136,

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F.S.; specifying standards of conduct for officers and

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employees of entities serving as the chief administrative

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officer of a political subdivision; amending s. 112.317,

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F.S.; providing for penalties to be imposed against

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persons other than lobbyists or public officers and

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employers; amending s. 112.324, F.S.; providing for the

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commission to report to the Governor violations involving

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persons other than lobbyists or public officers and

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employees; providing an effective date.

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

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     Section 1.  Section 112.3136, Florida Statutes, is created

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to read:

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     112.3136 Standards of conduct for officers and employees of

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entities serving as chief administrative officer of political

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

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officer of a corporation, partnership, or other business entity

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that is serving as the chief administrative or executive officer

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or employee of a political subdivision, and any business entity

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employee who is acting as the chief administrative or executive

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officer or employee of the political subdivision, for the

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purposes of the following sections, are public officers and

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employees who are subject to the following standards of conduct

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of this part:

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

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subdivision that they serve; however, the contract under which

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the business entity serves as chief executive or administrative

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

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112.313(3) or (7).

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

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

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individual."

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     Section 2.  Paragraph (e) is added to subsection (1) of

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section 112.317, Florida Statutes, to read:

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     112.317  Penalties.--

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

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

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

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

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Constitution, in addition to any criminal penalty or other civil

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penalty involved, shall, under applicable constitutional and

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statutory procedures, constitute grounds for, and may be punished

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by, one or more of the following:

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

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of this part, other than a lobbyist or lobbying firm under s.

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

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officer or employee:

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     1. Public censure and reprimand.

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

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     3. Restitution of any pecuniary benefits received because

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of the violation committed. The commission may recommend that the

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

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General Revenue Fund.

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     Section 3.  Paragraph (d) of subsection (8) of section

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112.324, Florida Statutes, is amended to read:

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     112.324  Procedures on complaints of violations; public

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records and meeting exemptions.--

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

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complaints against impeachable officers or members of the

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Legislature, upon completion of a full and final investigation by

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the commission, the commission finds that there has been a

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

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

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its findings and recommend appropriate action to the proper

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disciplinary official or body as follows, and such official or

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body shall have the power to invoke the penalty provisions of

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this part, including the power to order the appropriate elections

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official to remove a candidate from the ballot for a violation of

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

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Constitution:

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

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

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

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

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employee, other than lobbyists and lobbying firms under s.

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112.3215 for violations of s. 112.3215.

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     Section 4.  This act shall take effect July 1, 2008.