Florida Senate - 2012                                     SB 258
       
       
       
       By Senator Sobel
       
       
       
       
       31-00244A-12                                           2012258__
    1                        A bill to be entitled                      
    2         An act relating to integrity of public investigations;
    3         providing a short title; amending s. 112.313, F.S.;
    4         prohibiting an employee of a state agency having
    5         investigatory or regulatory functions from performing
    6         work for an individual or organization that is the
    7         subject of a civil or criminal investigation or
    8         judicial proceeding by that agency during the pendency
    9         of the investigation or judicial proceeding or for a
   10         specified period thereafter; defining the term “state
   11         agency” to specify certain agencies whose employees
   12         are affected; defining the term “employee” for
   13         purposes of the act to include only those persons
   14         whose scope of employment consists of regulatory or
   15         investigatory functions; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Florida
   20  Investigatory Integrity Act.”
   21         Section 2. Subsection (18) is added to section 112.313,
   22  Florida Statutes, to read:
   23         112.313 Standards of conduct for public officers, employees
   24  of agencies, and local government attorneys.—
   25         (18) EMPLOYEES OF AGENCIES WITH INVESTIGATORY OR REGULATORY
   26  FUNCTIONS.—
   27         (a) An employee of a state agency that has investigatory or
   28  regulatory functions may not perform work for any individual or
   29  organization that is the subject of a civil or criminal
   30  investigation or judicial proceeding by that agency during the
   31  pendency of the investigation or judicial proceeding or for a
   32  period of 2 years thereafter.
   33         (b) As used in this subsection, the term:
   34         1. “State agency” includes, but is not limited to, the
   35  Attorney General’s Office, the Department of Financial Services,
   36  the Department of Agriculture and Consumer Services, the Office
   37  of Insurance Regulation, the Agency for Health Care
   38  Administration, the Department of Business and Professional
   39  Regulation, the Public Service Commission, the Department of Law
   40  Enforcement, and the Florida Highway Patrol, as well as any
   41  other state agency with investigatory powers.
   42         2. “Employee” means an employee of a state agency whose
   43  scope of employment includes a regulatory or investigatory
   44  function. The term does not include an employee of a state
   45  agency whose scope of employment consists solely of secretarial
   46  services or nonregulatory or noninvestigatory administrative
   47  services.
   48         Section 3. This act shall take effect July 1, 2012.