HB 243

1
A bill to be entitled
2An act relating to standards of conduct; amending s.
3112.313, F.S.; revising the definition of "public
4officer"; revising provisions prohibiting doing business
5with one's agency; providing applicability to units of
6government and persons related to or having a specified
7relationship with a public officer or employee; expanding
8the list of persons who have a relationship with a public
9officer or employee who may not accept compensation given
10to influence a vote or action; expanding the list of
11entities with which a public officer or employee may not
12have a conflicting employment or contractual relationship
13and expanding the prohibition to include certain
14association or affiliation; providing that a public
15officer may not represent or advocate on behalf of an
16entity before a legislative, advisory, or regulatory body
17of which the public official is a member; prohibiting
18elective public officers of state, county, or municipal
19legislative, advisory, or regulatory bodies from
20maintaining certain forms of employment or relationships
21with organizations whose purposes might be advanced or
22benefited by acts of the body of which the public officer
23is a member, from lobbying other state, county, or
24municipal legislative, advisory, or regulatory bodies or
25agencies on behalf or for the benefit of private parties,
26or from serving in certain advisory capacities that
27advocate on behalf of private parties under certain
28circumstances; prohibiting a member of the Legislature
29from representing persons or entities before certain
30governing or legislative bodies or agencies; prohibiting a
31member of the Legislature, an appointed state officer, an
32employee of the legislative branch, or a member of any
33state regulatory body from appearing, representing, or
34advocating on behalf of a person or entity before the body
35of which the individual is an officer, employee, or
36member, from having any employment, relationship, or
37affiliation with any entity that appears before the body
38of which the individual is an employee or member or in
39which the business or interests of the entity might be
40advanced by action of the legislative body of which the
41individual is an employee or member, from having any
42employment or association with any entity that lobbies or
43appears or advocates before the legislative body of which
44the person is an employee or member, or from being
45employed by or associated with any entity that provides
46advisory services before the legislative body of which the
47individual is an employee or member; prohibiting elective
48public officers of certain entities from lobbying before
49other such entities for the benefit of private parties or
50from serving as advisers to private parties when the
51purpose of the position is to lobby elected members for
52the benefit of the private party; amending s. 112.316,
53F.S.; revising construction of the code of ethics for
54public officers and employees; clarifying intent that
55public officers or certain employees may not accept
56certain lobbying, consulting, or advisory roles; amending
57s. 112.317, F.S.; providing criminal penalties for
58violations of the code of ethics for public officers and
59employees; amending s. 420.5061, F.S.; conforming a cross-
60reference; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Subsections (1), (3), (4), (7), and (9) of
65section 112.313, Florida Statutes, are amended to read:
66     112.313  Standards of conduct for public officers,
67employees of agencies, and local government attorneys.--
68     (1)  DEFINITION.--As used in this section, unless the
69context otherwise requires, the term "public officer" includes:
70     (a)  Any person elected to any state, county, or municipal
71office or position.
72     (b)  Any person or appointed to or holding any position
73hold office in any state, county, or municipal agency or board
74who is vested with any delegated legislative or quasi-
75legislative authority, including any person serving on any an
76advisory body.
77     (3)  DOING BUSINESS WITH ONE'S AGENCY.--No public officer
78or employee of an agency acting in his or her official capacity
79as a purchasing agent, or public officer acting in his or her
80official capacity, shall either directly or indirectly purchase,
81rent, or lease any realty, goods, or services for his or her own
82unit of government or agency from any business entity or
83organization of which the officer or employee or the officer's
84or employee's spouse, or child, or other relative, including any
85person with whom the public officer or employee has or maintains
86a cohabitational, intimate, or financially beneficial or
87dependent relationship, is an officer, partner, director, or
88proprietor or in which such officer or employee or the officer's
89or employee's spouse, or child, or other relative, including any
90person with whom the public officer or employee has or maintains
91a cohabitational, intimate, or financially beneficial or
92dependent relationship, or any combination of them, has a
93material interest. Nor shall A public officer or employee or the
94officer's or employee's spouse, child, or other relative,
95including any person with whom the public officer or employee
96has or maintains a cohabitational, intimate, or financially
97beneficial or dependent relationship, acting in a private
98capacity, shall not rent, lease, or sell any realty, goods, or
99services to the officer's or employee's own agency, if he or she
100is a state officer or employee, or to any political subdivision  
101or any agency thereof served by that public, if he or she is
102serving as an officer or employee of that political subdivision.
103The foregoing shall not apply to district offices maintained by
104legislators when such offices are located in the legislator's
105place of business or when such offices are on property wholly or
106partially owned by the legislator. This subsection shall not
107affect or be construed to prohibit contracts entered into prior
108to:
109     (a)  October 1, 1975.
110     (b)  Qualification for elective office.
111     (c)  Appointment to public office.
112     (d)  Beginning public employment.
113     (4)  UNAUTHORIZED COMPENSATION.--No public officer,
114employee of an agency, or local government attorney or his or
115her spouse or minor child or other relative, including any
116person with whom the public officer or employee has or maintains
117a cohabitational, intimate, or financially dependent
118relationship, shall, at any time, accept any compensation,
119payment, or thing of value when such public officer, employee,
120or local government attorney or other person knows, or, with the
121exercise of reasonable care, should know, that it was given to
122influence a vote or other action in which the officer, employee,
123or local government attorney was expected to participate in his
124or her official capacity.
125     (7)  CONFLICTING EMPLOYMENT, ASSOCIATION, AFFILIATION, OR
126CONTRACTUAL RELATIONSHIP.--
127     (a)  No public officer or employee of an agency shall have
128or hold any employment, association, affiliation, or contractual
129relationship with any business or professional entity, firm,
130association, or organization or any agency which is subject to
131the regulation of, or is doing business with, an agency of which
132he or she is an officer or employee, excluding those
133organizations and their officers who, when acting in their
134official capacity, enter into or negotiate a collective
135bargaining contract with the state or any municipality, county,
136or other political subdivision of the state; nor shall an
137officer or employee of an agency have or hold any employment, or
138contractual, or professional relationship, association, or
139affiliation that will create a continuing or frequently
140recurring conflict between his or her private interests and the
141performance of his or her public duties or that would impede the
142full and faithful discharge of his or her public duties or
143create the appearance of a conflict or impropriety.
144     1.  When the agency referred to is that certain kind of
145special tax district created by general or special law and is
146limited specifically to constructing, maintaining, managing, and
147financing improvements in the land area over which the agency
148has jurisdiction, or when the agency has been organized pursuant
149to chapter 298, then employment with, or entering into a
150contractual relationship with, such business entity by a public
151officer or employee of such agency shall not be prohibited by
152this subsection or be deemed a conflict per se. However, conduct
153by such officer or employee that is prohibited by, or otherwise
154frustrates the intent of, this section shall be deemed a
155conflict of interest in violation of the standards of conduct
156set forth by this section.
157     2.  When the agency referred to is a legislative body and
158the regulatory power over the business entity resides in another
159agency, or when the regulatory power which the legislative body
160exercises over the business entity or agency is strictly through
161the enactment of laws or ordinances, then employment or a
162contractual relationship with such business entity by a public
163officer or employee of a legislative body shall not be
164prohibited by this subsection or be deemed a conflict.
165     (b)  This subsection shall not prohibit a public officer or
166employee from practicing in a particular profession or
167occupation when such practice by persons holding such public
168office or employment is required or permitted by law or
169ordinance, provided that the public officer or employee does not
170have or maintain any kind of employment, association, or
171affiliation with any professional or business firm, entity,
172association, or organization that engages in, provides, or
173renders any services which may encompass any kind of
174representation or advocacy before the legislative or regulatory
175body of which the public officer or employee is a member.
176     (c)  No public officer in an elective office of any state,
177county, or municipal legislative or regulatory body shall have,
178maintain, or hold any kind of employment, or professional or
179business relationship, association, or affiliation of any kind,
180or any contractual relationship with any individual, business or
181professional entity, firm, association, or organization the
182business, financial, or professional operations, affairs,
183undertakings, interests, endeavors, or services of which are
184affected, are in any manner advanced, or may in any manner be
185benefited by any act of the legislative body of which the public
186officer is a part or member. The proscription in this paragraph
187is intended to prohibit public officers who are in an elective
188office of any state, county, or municipal legislative or
189regulatory body from being engaged, retained, hired, or employed
190in any capacity as a consultant, lobbyist, counselor, or adviser
191to any individual, entity, organization, firm, or association
192that advocates or promotes any legislative action or which
193receives funding from or as a consequence of any legislative
194action of the legislative or regulatory body of which the public
195officer is a part or member. However, the proscription in this
196paragraph shall not prohibit passive membership, affiliation, or
197association with any professional, trade, religious, or
198fraternal association which is not operated for profit, is not a
199political action committee, and does not provide any financial
200compensation or benefits to its members.
201     (d)  A public officer in an elective office of any state,
202county, or municipal legislative, advisory, or regulatory body
203is prohibited from:
204     1.  Lobbying any other state, county, or municipal
205legislative, advisory, or regulatory body or agency on behalf or
206for the benefit of any private individual, entity, firm, or
207organization; or
208     2.  Being hired, employed, retained, or otherwise acting as
209an adviser, consultant, or counselor to, or an advocate for or
210on behalf of, any private individual, entity, or organization
211when the intent, subject, purpose, or object of the engagement,
212employment, or position is to lobby any other state, county, or
213municipal legislative, advisory, or regulatory body or agency on
214behalf or for the benefit of any private individual, entity,
215firm, or organization.
216     (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
217LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
218     (a)1.  It is the intent of the Legislature to implement by
219statute the provisions of s. 8(e), Art. II of the State
220Constitution relating to legislators, statewide elected
221officers, appointed state officers, and designated public
222employees.
223     2.  As used in this paragraph:
224     a.  "Employee" means:
225     (I)  Any person employed in the executive or legislative
226branch of government holding a position in the Senior Management
227Service as defined in s. 110.402 or any person holding a
228position in the Selected Exempt Service as defined in s. 110.602
229or any person having authority over policy or procurement
230employed by the Department of the Lottery.
231     (II)  The Auditor General, the director of the Office of
232Program Policy Analysis and Government Accountability, the
233Sergeant at Arms and Secretary of the Senate, and the Sergeant
234at Arms and Clerk of the House of Representatives.
235     (III)  The executive director of the Legislative Committee
236on Intergovernmental Relations and the executive director and
237deputy executive director of the Commission on Ethics.
238     (IV)  An executive director, staff director, or deputy
239staff director of each joint committee, standing committee, or
240select committee of the Legislature; an executive director,
241staff director, executive assistant, analyst, or attorney of the
242Office of the President of the Senate, the Office of the Speaker
243of the House of Representatives, the Senate Majority Party
244Office, Senate Minority Party Office, House Majority Party
245Office, or House Minority Party Office; or any person, hired on
246a contractual basis, having the power normally conferred upon
247such persons, by whatever title.
248     (V)  The Chancellor and Vice Chancellors of the State
249University System; the general counsel to the Board of Governors
250of the State University System; and the president, provost, vice
251presidents, and deans of each state university.
252     (VI)  Any person, including an other-personal-services
253employee, having the power normally conferred upon the positions
254referenced in this sub-subparagraph.
255     b.  "Appointed state officer" means any member of an
256appointive board, commission, committee, council, or authority
257of the executive or legislative branch of state government whose
258powers, jurisdiction, and authority are not solely advisory and
259include the final determination or adjudication of any personal
260or property rights, duties, or obligations, other than those
261relative to its internal operations.
262     c.  "State agency" means an entity of the legislative,
263executive, or judicial branch of state government over which the
264Legislature exercises plenary budgetary and statutory control.
265     3.  No member of the Legislature, appointed state officer,
266or statewide elected officer shall personally represent another
267person or entity for compensation before the government body or
268agency of which the individual was an officer or member for a
269period of 2 years following vacation of office. No member of the
270Legislature shall personally represent another person or entity
271for compensation during his or her term of office before the
272governing or legislative body of a county, municipality, special
273district, or school district; before any state agency other than
274judicial tribunals or in settlement negotiations after the
275filing of a lawsuit; or before Congress or any agency of the
276Federal Government.
277     4.  No member of the Legislature, appointed state officer,
278employee of the legislative branch, or member of any state
279regulatory body shall:
280     a.  Appear on behalf of, or represent or advocate in favor
281or on behalf of, another person or entity before the government
282body or agency of which the individual is an officer, employee,
283or member;
284     b.  Have, maintain, or hold any employment, position, or
285professional or business relationship, association, or
286affiliation of any kind or any contractual relationship with any
287business or professional entity, firm, association, or
288organization that appears before the body of which the
289individual is an employee or member or the business or
290professional operations, affairs, interests, undertakings,
291services, or endeavors of which are advanced, or may be
292benefited, in any degree, by any act of the legislative body of
293which the individual is an employee or member;
294     c.  Have, maintain, or hold any employment, position, or
295professional or business relationship or association or
296affiliation of any kind with any business or professional
297entity, firm, association, or organization that lobbies or
298appears or advocates before the legislative body of which such
299individual is an employee or member or which otherwise
300represents individuals or business entities before the
301legislative body of which the individual is an employee or
302member with the intent, design, purpose, or objective of
303promoting, advancing, or causing any positive, favorable, or
304negative action or vote by such legislative body, including the
305passage, amendment, modification, or nonpassage or veto of any
306proposed law or legislative enactment; or
307     d.  Have, maintain, or hold any employment or position as a
308consultant, counselor, attorney, or adviser to any individual,
309entity, firm, association, or organization that provides or
310renders services representing or advocating on behalf or for the
311benefit of any individual, organization, or entity before the
312legislative body of which such individual is an employee or
313member, or which represents, lobbies, or appears or advocates
314before the legislative body of which such individual is an
315employee or member or which otherwise represents individuals or
316business entities before the legislative body of which the
317individual is an employee or member with the design, intent,
318purpose, or objective of promoting or causing any positive,
319favorable, or negative action or vote by such legislative body,
320including the passage, amendment, modification, or nonpassage or
321veto of any proposed law or legislative enactment.
322     5.  A public officer in an elective office of any state,
323county, or municipal legislative, advisory, or regulatory body
324is prohibited from:
325     a.  Lobbying any other state, county, or municipal
326legislative, advisory, or regulatory body or agency on behalf or
327for the benefit of any private individual, entity, or
328organization; or
329     b.  Acting as an adviser, counselor, or consultant to, or
330an advocate for or on behalf or for the benefit of, any private
331individual, entity, or organization when the subject, purpose,
332or object of the engagement, employment, or position is to lobby
333any other state, county, or municipal legislative advisory or
334regulatory body or agency on behalf or for the benefit of any
335private individual, entity, or organization.
336     c.  Acting as an adviser, counselor, or consultant to, or
337an advocate for or on behalf or for the benefit of, any private
338individual, entity, or organization when the subject, purpose,
339or object of the engagement, employment, or position is to lobby
340any state, county, or municipal legislative, advisory, or
341regulatory body or agency on behalf or for the benefit or any
342private individual, entity, or organization, including being a
343partner or associate of, or having or maintaining any
344professional or business relationship or affiliation with, any
345individual, professional firm, or entity that engages or
346participates in any kind of lobbying activity or that advocates
347on behalf or for the benefit of any private individual, entity,
348or organization when the subject, purpose, or object of the
349engagement, employment, or position is to lobby or advocate
350before any other state, county, or municipal legislative,
351advisory, or regulatory body or agency.
352     d.  Acting as an adviser, consultant, or counselor to, or
353an advocate for or on behalf or for the benefit of, any entity
354of which any relative of the public officer is a shareholder,
355officer, director, or employee or with which the relative of the
356public officer is otherwise affiliated or associated in any
357capacity.
358     6.4.  An agency employee, including an agency employee who
359was employed on July 1, 2001, in a Career Service System
360position that was transferred to the Selected Exempt Service
361System under chapter 2001-43, Laws of Florida, may not
362personally represent another person or entity for compensation
363before the agency with which he or she was employed for a period
364of 2 years following vacation of position, unless employed by
365another agency of state government.
366     7.5.  Any person violating this paragraph shall be subject
367to the penalties provided in s. 112.317 and a civil penalty of
368an amount equal to the compensation which the person receives
369for the prohibited conduct.
370     8.6.  This paragraph is not applicable to:
371     a.  A person employed by the Legislature or other agency
372prior to July 1, 1989;
373     b.  A person who was employed by the Legislature or other
374agency on July 1, 1989, whether or not the person was a defined
375employee on July 1, 1989;
376     c.  A person who was a defined employee of the State
377University System or the Public Service Commission who held such
378employment on December 31, 1994;
379     d.  A person who has reached normal retirement age as
380defined in s. 121.021(29), and who has retired under the
381provisions of chapter 121 by July 1, 1991; or
382     e.  Any appointed state officer whose term of office began
383before January 1, 1995, unless reappointed to that office on or
384after January 1, 1995.
385     (b)  In addition to the provisions of this part which are
386applicable to legislators and legislative employees by virtue of
387their being public officers or employees, the conduct of members
388of the Legislature and legislative employees shall be governed
389by the ethical standards provided in the respective rules of the
390Senate or House of Representatives which are not in conflict
391herewith.
392     Section 2.  Section 112.316, Florida Statutes, is amended
393to read:
394     112.316  Construction.--
395     (1)  It is not the intent of this part, nor shall it be
396construed, to prevent any officer or employee of a state agency
397or county, city, or other political subdivision of the state or
398any legislator or legislative employee from accepting other
399employment or following any pursuit which does not:
400     (a)  Involve lobbying in any form, including any consulting
401or advisory role to any individual, entity, or firm involved in
402lobbying in any form;
403     (b)  Interfere, or is not likely to interfere, with the
404full and faithful discharge by such officer, employee,
405legislator, or legislative employee of his or her duties to the
406state or the county, city, or other political subdivision of the
407state involved; or
408     (c)  Create an appearance of impropriety.
409     (2)  It is the intent of this part to strictly prohibit any
410public officer or employee of any state, county, or municipal
411legislative or governing body from acting as an adviser or
412consultant to, or an advocate for or on behalf of, any private
413individual, entity, or organization when the subject, purpose,
414or object of the employment, engagement, or position is to lobby
415any other state, county, or municipal governing, legislative,
416advisory, or regulatory body or agency on behalf or for the
417benefit of any private individual, entity, or organization, or
418to assist any other individual in doing so.
419     Section 3.  Subsection (8) is added to section 112.317,
420Florida Statutes, to read:
421     112.317  Penalties.--
422     (8)  Except for a violation involving the failure to file a
423disclosure required under this part or for any omission in a
424disclosure required under this part:
425     (a)  Any public officer or employee who violates any
426provision of this part or who conceals, fails to disclose, or
427aids the commission or furtherance of any violation of this part
428or aids in concealing any violation of this part; or
429     (b)  Any private individual who participates in, conceals,
430or aids the commission or furtherance of any violation of this
431part or aids in concealing any violation of this part,
432
433commits a felony of the third degree, punishable as provided in
434s. 775.082, s. 775.083, or s. 775.084, in addition to any other
435civil penalty provided in this part.
436     Section 4.  Section 420.5061, Florida Statutes, is amended
437to read:
438     420.5061  Transfer of agency assets and liabilities.--The
439corporation is the legal successor in all respects to the
440agency, is obligated to the same extent as the agency under any
441agreements existing on December 31, 1997, and is entitled to any
442rights and remedies previously afforded the agency by law or
443contract, including specifically the rights of the agency under
444chapter 201 and part VI of chapter 159. Effective January 1,
4451998, all references under Florida law to the agency are deemed
446to mean the corporation. The corporation shall transfer to the
447General Revenue Fund an amount which otherwise would have been
448deducted as a service charge pursuant to s. 215.20(1) if the
449Florida Housing Finance Corporation Fund established by s.
450420.508(5), the State Apartment Incentive Loan Fund established
451by s. 420.5087(7), the Florida Homeownership Assistance Fund
452established by s. 420.5088(4), the HOME Investment Partnership
453Fund established by s. 420.5089(1), and the Housing
454Predevelopment Loan Fund established by s. 420.525(1) were each
455trust funds. For purposes of s. 112.313, the corporation is
456deemed to be a continuation of the agency, and the provisions
457thereof are deemed to apply as if the same entity remained in
458place. Any employees of the agency and agency board members
459covered by s. 112.313(9)(a)8. s. 112.313(9)(a)6. shall continue
460to be entitled to the exemption in that subparagraph,
461notwithstanding being hired by the corporation or appointed as
462board members of the corporation.
463     Section 5.  This act shall take effect July 1, 2010.


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