Florida Senate - 2011 SB 2088 By the Committee on Rules 595-03347-11 20112088__ 1 A bill to be entitled 2 An act relating to ethics; amending s. 112.312, F.S.; 3 redefining the term “gift” to exclude contributions or 4 expenditures reported under federal election law; 5 amending s. 112.3143, F.S.; providing for an exception 6 to a provision authorizing a state public officer to 7 vote in an official capacity on any matter, to conform 8 to changes made by the act; creating s. 112.31435, 9 F.S.; defining the term “relative”; prohibiting a 10 member of the Legislature from voting upon any 11 legislation inuring to his or her special private gain 12 or loss; prohibiting a member of the Legislature from 13 voting upon any legislation that the member knows 14 would inure to the special private gain or loss of a 15 principal by whom the member is retained or the 16 corporate parent or subsidiary of a corporate 17 principal by which the member is retained; prohibiting 18 a member of the Legislature from voting on legislation 19 that the member knows would inure to the special 20 private gain or loss of a relative, a business 21 associate, an employer, or a board upon which the 22 member sits; requiring that a member disclose all such 23 interests to the applicable legislative body or 24 committee before the legislation is considered; 25 requiring that the member disclose the specific nature 26 of any such interests within a specified period after 27 the date on which a vote on the legislation occurs; 28 requiring that such disclosure be made by written 29 memorandum and filed with the Secretary of the Senate 30 or the Clerk of the House of Representatives; 31 requiring that the memorandum be recorded in the 32 journal of the house of which the legislator is a 33 member; providing that the act does not prevent the 34 member from voting on a General Appropriations Act or 35 implementing legislation; amending s. 112.3144, F.S.; 36 requiring the Commission on Ethics to review certain 37 filings of full and public disclosure of financial 38 interests made by certain public officers, including 39 supporting documentation; requiring the commission to 40 provide notice of the sufficiency of the financial 41 disclosure; requiring that an amended or corrected 42 disclosure be filed if the filing is insufficient; 43 providing that the amended or corrected disclosure is 44 not subject to sufficiency review; providing for a 45 fine if the amended or corrected disclosure is not 46 filed by a certain date; relieving an officer of 47 liability for fines and penalties if a complete and 48 sufficient full and public disclosure of financial 49 interests is filed by September 1; specifying that any 50 full and public financial disclosure that is not 51 timely received is not entitled to review; permitting 52 the commission to delegate to the commission’s staff 53 the responsibilities to review and provide notices 54 relating to the disclosure filings; amending s. 55 112.3145, F.S.; redefining the term “local officer” 56 for the purposes of disclosing financial interests to 57 include members of a community redevelopment agency 58 board and any finance director of a county, 59 municipality, or other political subdivision; amending 60 s. 838.014, F.S.; deleting the definition of the term 61 “corruptly” or “with corrupt intent” to conform 62 provisions to changes made by the act; amending s. 63 838.015, F.S.; redefining the term “bribery” as it 64 relates to the requisite mental state for the offense 65 of bribery; amending ss. 838.016 and 838.022, F.S.; 66 revising provisions relating to the requisite mental 67 state for the offenses of unlawful compensation and 68 reward for official behavior and official misconduct, 69 to conform to changes made by the act; providing an 70 effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Paragraph (b) of subsection (12) of section 75 112.312, Florida Statutes, is amended to read: 76 112.312 Definitions.—As used in this part and for purposes 77 of the provisions of s. 8, Art. II of the State Constitution, 78 unless the context otherwise requires: 79 (12) 80 (b) “Gift” does not include: 81 1. Salary, benefits, services, fees, commissions, gifts, or 82 expenses associated primarily with the donee’s employment, 83 business, or service as an officer or director of a corporation 84 or organization. 85 2. Contributions or expenditures reported pursuant to 86 chapter 106 or federal election law, campaign-related personal 87 services provided without compensation by individuals 88 volunteering their time, or any other contribution or 89 expenditure by a political party. 90 3. An honorarium or an expense related to an honorarium 91 event paid to a person or the person’s spouse. 92 4. An award, plaque, certificate, or similar personalized 93 item given in recognition of the donee’s public, civic, 94 charitable, or professional service. 95 5. An honorary membership in a service or fraternal 96 organization presented merely as a courtesy by such 97 organization. 98 6. The use of a public facility or public property, made 99 available by a governmental agency, for a public purpose. 100 7. Transportation provided to a public officer or employee 101 by an agency in relation to officially approved governmental 102 business. 103 8. Gifts provided directly or indirectly by a state, 104 regional, or national organization which promotes the exchange 105 of ideas between, or the professional development of, 106 governmental officials or employees, and whose membership is 107 primarily composed of elected or appointed public officials or 108 staff, to members of that organization or officials or staff of 109 a governmental agency that is a member of that organization. 110 Section 2. Subsection (2) of section 112.3143, Florida 111 Statutes, is amended to read: 112 112.3143 Voting conflicts.— 113 (2) Except as provided in s. 112.31435, no state public 114 officer is prohibited from voting in an official capacity on any 115 matter. However, any state public officer voting in an official 116 capacity upon any measure thatwhichwould inure to the 117 officer’s special private gain or loss; thatwhichhe or she 118 knows would inure to the special private gain or loss of any 119 principal by whom the officer is retained or to the parent 120 organization or subsidiary of a corporate principal by which the 121 officer is retained; or thatwhichthe officer knows would inure 122 to the special private gain or loss of a relative or business 123 associate of the public officer shall, within 15 days after the 124 vote occurs, disclose the nature of his or her interest as a 125 public record in a memorandum filed with the person responsible 126 for recording the minutes of the meeting, who shall incorporate 127 the memorandum in the minutes. 128 Section 3. Section 112.31435, Florida Statutes, is created 129 to read: 130 112.31435 Voting conflicts; state legislators.— 131 (1) As used in this section, the term “relative” means any 132 father, mother, son, daughter, husband, wife, brother, sister, 133 father-in-law, mother-in-law, son-in-law, or daughter-in-law. 134 (2) A member of the Legislature may not vote upon any 135 legislation that would inure to his or her special private gain 136 or loss; that he or she knows would inure to the special private 137 gain or loss of any principal by whom the member is retained or 138 to the parent organization or subsidiary of a corporate 139 principal by which the member is retained; or that the member 140 knows would inure to the special private gain or loss of a 141 relative, a business associate, an employer, or a board upon 142 which the member sits. The member must, before a vote is taken 143 on the legislation by the legislative body of which he or she is 144 a member or any committee on which the member sits, publicly 145 state to the body or committee all of his or her interests in 146 the legislation or all of the relative’s interests in the 147 legislation which are known to the member. Within 15 days after 148 the date on which the vote on the legislation occurred, the 149 member must disclose the specific nature of those interests as a 150 public record in a memorandum filed with the Secretary of the 151 Senate, if the member is a Senator, or filed with the Clerk of 152 the House of Representatives, if the member is a Representative. 153 The memorandum shall be spread upon the pages of the journal of 154 the house of which the legislator is a member. 155 (3) This section does not prevent a member of the 156 Legislature from voting on a General Appropriations Act or 157 implementing legislation on the floor of the Senate or House of 158 Representatives. 159 Section 4. Subsection (1) of section 112.3144, Florida 160 Statutes, is amended to read: 161 112.3144 Full and public disclosure of financial 162 interests.— 163 (1)(a) An officer who is required by s. 8, Art. II of the 164 State Constitution to file a full and public disclosure of his 165 or her financial interests for any calendar or fiscal year shall 166 file that disclosure with the Florida Commission on Ethics. 167 (b) The commission shall review the information contained 168 in each full and public disclosure of financial interests of, 169 and any supporting or supplemental documentation filed 170 concurrently by, an elected constitutional officer to determine 171 whether the officer’s disclosure is sufficient; provided that 172 the commission receives the filing by July 1. 173 (c)1. If the commission determines that the officer’s 174 disclosure is insufficient, the commission must send a notice by 175 certified mail to the officer no later than 30 days after July 176 1. The notice must identify the specific insufficiency and state 177 with particularity the basis for the determination. 178 2. Upon receipt of the notice of insufficiency, the officer 179 must file an amended or corrected disclosure no later than 180 September 1 of that year, which is not subject to sufficiency 181 review. If the officer fails to file the amended or corrected 182 disclosure by September 1, the automatic fine provided for in 183 this section will begin to accrue. Any such officer accruing an 184 automatic fine may appeal it as provided in subsection (5). 185 3. A complaint may not be filed alleging a violation of 186 this section for any insufficiency identified pursuant to 187 subparagraph 1. unless such insufficiency remains uncorrected 188 after September 1. 189 (d) If the commission finds the disclosure legally 190 sufficient, the commission must send a notice of sufficiency by 191 certified mail to the officer no later than 30 days after July 192 1. To the extent that the disclosure of financial interests and 193 the accompanying documentation filed with the commission fully 194 identify all information that is required to be disclosed, an 195 officer whose disclosure is sufficient is not liable for any 196 fines or penalties for a violation of this section. 197 (e) If an officer’s full and public disclosure of financial 198 interests is not received by 5 p.m. on July 1, the officer is 199 not entitled to a sufficiency review. 200 (f) The commission may delegate to its staff the authority 201 to conduct the review required in this subsection. 202 Section 5. Paragraph (a) of subsection (1) of section 203 112.3145, Florida Statutes, is amended to read: 204 112.3145 Disclosure of financial interests and clients 205 represented before agencies.— 206 (1) For purposes of this section, unless the context 207 otherwise requires, the term: 208 (a) “Local officer” means: 209 1. Every person who is elected to office in any political 210 subdivision of the state, and every person who is appointed to 211 fill a vacancy for an unexpired term in such an elective office. 212 2. Any appointed member of any of the following boards, 213 councils, commissions, authorities, or other bodies of any 214 county, municipality, school district, independent special 215 district, or other political subdivision of the state: 216 a. The governing body of the political subdivision, if 217 appointed; 218 b. An expressway authority or transportation authority 219 established by general law; 220 c. A community college or junior college district board of 221 trustees; 222 d. A board having the power to enforce local code 223 provisions; 224 e. A planning or zoning board, board of adjustment, board 225 of appeals, community redevelopment agency board, or other board 226 having the power to recommend, create, or modify land planning 227 or zoning within the political subdivision, except for citizen 228 advisory committees, technical coordinating committees, and such 229 other groups who only have the power to make recommendations to 230 planning or zoning boards; 231 f. A pension board or retirement board having the power to 232 invest pension or retirement funds or the power to make a 233 binding determination of one’s entitlement to or amount of a 234 pension or other retirement benefit; or 235 g. Any other appointed member of a local government board 236 who is required to file a statement of financial interests by 237 the appointing authority or the enabling legislation, ordinance, 238 or resolution creating the board. 239 3. Any person holding one or more of the following 240 positions: mayor; county or city manager; chief administrative 241 employee of a county, municipality, or other political 242 subdivision; county or municipal attorney; finance director of a 243 county, municipality, or other political subdivision; chief 244 county or municipal building code inspector; county or municipal 245 water resources coordinator; county or municipal pollution 246 control director; county or municipal environmental control 247 director; county or municipal administrator, with power to grant 248 or deny a land development permit; chief of police; fire chief; 249 municipal clerk; district school superintendent; community 250 college president; district medical examiner; or purchasing 251 agent having the authority to make any purchase exceeding the 252 threshold amount provided for in s. 287.017 for CATEGORY ONE, on 253 behalf of any political subdivision of the state or any entity 254 thereof. 255 Section 6. Subsection (4) of section 838.014, Florida 256 Statutes, is amended, and present subsections (5) through (7) of 257 that section are renumbered as subsections (4) through (6), 258 respectively, to read: 259 838.014 Definitions.—As used in this chapter, the term: 260(4) “Corruptly” or “with corrupt intent” means acting261knowingly and dishonestly for a wrongful purpose.262 Section 7. Subsection (1) of section 838.015, Florida 263 Statutes, is amended to read: 264 838.015 Bribery.— 265 (1) “Bribery” means knowinglycorruptlyto give, offer, or 266 promise to any public servant, or, if a public servant, 267 knowinglycorruptlyto request, solicit, accept, or agree to 268 accept for himself or herself or another, any pecuniary or other 269 benefit not authorized by law with an intent or purpose to 270 influence the performance of any act or omission which the 271 person believes to be, or the public servant represents as 272 being, within the official discretion of a public servant, in 273 violation of a public duty, or in performance of a public duty. 274 Section 8. Subsections (1) and (2) of section 838.016, 275 Florida Statutes, are amended to read: 276 838.016 Unlawful compensation or reward for official 277 behavior.— 278 (1) It is unlawful for any person knowinglycorruptlyto 279 give, offer, or promise to any public servant, or, if a public 280 servant, knowinglycorruptlyto request, solicit, accept, or 281 agree to accept, any pecuniary or other benefit not authorized 282 by law, for the past, present, or future performance, 283 nonperformance, or violation of any act or omission which the 284 person believes to have been, or the public servant represents 285 as having been, either within the official discretion of the 286 public servant, in violation of a public duty, or in performance 287 of a public duty. Nothing herein shall be construed to preclude 288 a public servant from accepting rewards for services performed 289 in apprehending any criminal. 290 (2) It is unlawful for any person knowinglycorruptlyto 291 give, offer, or promise to any public servant, or, if a public 292 servant, knowinglycorruptlyto request, solicit, accept, or 293 agree to accept, any pecuniary or other benefit not authorized 294 by law for the past, present, or future exertion of any 295 influence upon or with any other public servant regarding any 296 act or omission which the person believes to have been, or which 297 is represented to him or her as having been, either within the 298 official discretion of the other public servant, in violation of 299 a public duty, or in performance of a public duty. 300 Section 9. Subsection (1) of section 838.022, Florida 301 Statutes, is amended to read: 302 838.022 Official misconduct.— 303 (1) It is unlawful for a public servant, to knowinglywith304corrupt intent toobtain a benefit for any person or to cause 305 harm to another, to: 306 (a) Falsify, or cause another person to falsify, any 307 official record or official document; 308 (b) Conceal, cover up, destroy, mutilate, or alter any 309 official record or official document or cause another person to 310 perform such an act; or 311 (c) Obstruct, delay, or prevent the communication of 312 information relating to the commission of a felony that directly 313 involves or affects the public agency or public entity served by 314 the public servant. 315 Section 10. This act shall take effect July 1, 2011.