Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2
       
       
       
       
       
                                Barcode 682360                          
       
       595-01580A-13                                                   
       Proposed Committee Substitute by the Committee on Rules
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.312, F.S.;
    3         revising definitions; creating s. 112.3125, F.S.;
    4         defining the term “public officer”; prohibiting public
    5         officers from accepting additional employment with the
    6         state or any of its political subdivisions under
    7         specified conditions; amending s. 112.313, F.S.;
    8         providing that a member of the Legislature may not
    9         personally represent another person or entity for
   10         compensation before any state agency for a period of 2
   11         years following vacation of office; providing
   12         exceptions; providing that no member of the
   13         Legislature may associate as a partner, principal, or
   14         employee of a firm whose primary purpose is lobbying
   15         the Legislature within the first 2 years after
   16         vacation of office under specified conditions;
   17         establishing filing requirements for a sworn
   18         statement; creating s. 112.3142, F.S.; defining the
   19         term “constitutional officers”; requiring
   20         constitutional officers to complete annual ethics
   21         training; specifying requirements for ethics training;
   22         requiring each house of the Legislature to provide for
   23         ethics training pursuant to its rules; creating s.
   24         112.31425, F.S.; providing legislative findings;
   25         providing that holding an economic interest in a
   26         qualified blind trust is not a prohibited conflict of
   27         interest; providing that a public officer may not
   28         attempt to influence, exercise control of, or obtain
   29         information regarding the holdings of the qualified
   30         blind trust; prohibiting communication regarding the
   31         qualified blind trust between a public officer or a
   32         person having a beneficial interest in the trust and
   33         the trustee; providing exceptions; requiring a public
   34         officer to report the qualified blind trust and its
   35         value on his or her financial disclosure form under
   36         specified circumstances; establishing requirements for
   37         creation of a qualified blind trust; requiring a
   38         public officer who holds a qualified blind trust to
   39         file a notice with the Commission on Ethics; requiring
   40         a covered public official to file an amendment to his
   41         or her most recent financial disclosure statement
   42         under specified conditions; amending s. 112.3143,
   43         F.S.; providing definitions for “principal” and
   44         “special gain or loss”; requiring state public
   45         officers to abstain from voting on any matter that the
   46         officer knows would inure to his or her special
   47         private gain or loss; requiring that a memorandum
   48         filed after a vote be filed no later than 15 days
   49         after the vote; providing that a member of the
   50         Legislature satisfies the disclosure requirement by
   51         filing a form created pursuant to the rules of his or
   52         her respective house; providing that confidential or
   53         privileged information need not be disclosed; amending
   54         s. 112.3144, F.S.; requiring the qualifying officer to
   55         electronically transmit a full and public disclosure
   56         of financial interests of a qualified candidate to the
   57         commission; providing timeframes for the filing of
   58         certain complaints; authorizing filing individuals to
   59         file an amended statement during a specified timeframe
   60         under specified conditions; authorizing the commission
   61         to immediately follow complaint procedures under
   62         specified conditions; prohibiting the commission from
   63         taking action on complaints alleging immaterial,
   64         inconsequential, or de minimis errors or omissions;
   65         providing what constitutes an immaterial,
   66         inconsequential, or de minimis error or omission;
   67         authorizing an individual required to file a
   68         disclosure to have the statement prepared by a
   69         certified public accountant; requiring a certified
   70         public accountant to attest to the veracity of the
   71         disclosure; requiring the commission to determine if a
   72         certified public accountant failed to disclose
   73         information provided by the filing individual on the
   74         filed statement; providing that the filing individual
   75         is not in violation of the section if a certified
   76         public accountant was in custody of such information
   77         but failed to disclose it on the statement;
   78         authorizing an elected officer or candidate to use
   79         funds in an office account or campaign depository to
   80         pay a certified public accountant for preparing a
   81         disclosure; creating s. 112.31445, F.S.; providing a
   82         definition for “electronic filing system”; requiring
   83         all disclosures of financial interests filed with the
   84         commission to be scanned and made publicly available
   85         on a searchable Internet database beginning with the
   86         2012 filing year; requiring the commission to submit a
   87         proposal to the President of the Senate and the
   88         Speaker of the House of Representatives for a
   89         mandatory electronic filing system by a specified
   90         date; establishing minimum requirements for the
   91         commission’s proposal; amending s. 112.3145, F.S.;
   92         revising the definitions of “local officer” and
   93         “specified state employee”; revising procedures for
   94         the filing of a statement of financial interests with
   95         a candidate’s qualifying papers; requiring a person
   96         filing a statement of financial interest to indicate
   97         the method of reporting income; providing timeframes
   98         for the filing of certain complaints; authorizing
   99         filing individuals to file an amended statement during
  100         a specified timeframe under specified conditions;
  101         authorizing the commission to immediately follow
  102         complaint procedures under specified conditions;
  103         prohibiting the commission from taking action on
  104         complaints alleging immaterial, inconsequential, or de
  105         minimis errors or omissions; providing what
  106         constitutes an immaterial, inconsequential, or de
  107         minimis error or omission; authorizing an individual
  108         required to file a disclosure to have the statement
  109         prepared by a certified public accountant; requiring a
  110         certified public accountant to attest to the veracity
  111         of the disclosure; requiring the commission to
  112         determine if a certified public accountant failed to
  113         disclose information provided by the filing individual
  114         on the filed statement; providing that the filing
  115         individual is not in violation of the section if a
  116         certified public accountant was in custody of such
  117         information but failed to disclose it on the
  118         statement; authorizing an elected officer or candidate
  119         to use funds in an office account or campaign
  120         depository to pay a certified public accountant for
  121         preparing a disclosure; creating s. 112.31455, F.S.;
  122         requiring the commission to determine whether an
  123         individual owing certain fines is a current public
  124         officer or public employee; requiring the commission
  125         to notify the Chief Financial Officer or the governing
  126         body of a county, municipality, or special district of
  127         the total amount of any fine owed to the commission by
  128         such individuals; requiring that the Chief Financial
  129         Officer or the governing body of a county,
  130         municipality, or special district begin withholding
  131         portions of any salary payment that would otherwise be
  132         paid to the current public officer or public employee;
  133         requiring that the withheld payments be remitted to
  134         the commission until the fine is satisfied;
  135         authorizing the Chief Financial Officer or the
  136         governing body to retain a portion of payment for
  137         administrative costs; authorizing collection methods
  138         for the commission or the Department of Financial
  139         Services for individuals who are no longer public
  140         officers or public employees; authorizing the
  141         commission to contract with a collection agency;
  142         authorizing the commission to collect an unpaid fine
  143         within a specified period of issuance of the final
  144         order; amending s. 112.3147, F.S.; providing an
  145         exception to the requirement that all forms be
  146         prescribed by the commission; amending s. 112.3148,
  147         F.S.; revising the definition of “procurement
  148         employee”; creating a definition for “vendor”;
  149         prohibiting a reporting individual or procurement
  150         employee from soliciting or knowingly accepting a gift
  151         from a vendor; deleting references to political
  152         committees and committees of continuous existence;
  153         creating s. 112.31485, F.S.; providing definitions for
  154         “gift” and “immediate family”; prohibiting a reporting
  155         individual or procurement employee or a member of his
  156         or her immediate family from soliciting or knowingly
  157         accepting any gift from a political committee or
  158         committee of continuous existence; prohibiting a
  159         political committee or committee of continuous
  160         existence from giving any gift to a reporting
  161         individual or procurement employee or a member of his
  162         or her immediate family; providing penalties for a
  163         violation; requiring that individuals who violate this
  164         section be held personally liable; amending s.
  165         112.3149, F.S.; revising the definition of
  166         “procurement employee”; creating a definition for
  167         “vendor”; prohibiting a reporting individual or
  168         procurement employee from knowingly accepting an
  169         honorarium from a vendor; prohibiting a vendor from
  170         giving an honorarium to a reporting individual or
  171         procurement employee; amending s. 112.317, F.S.;
  172         making technical changes; amending s. 112.3215, F.S.;
  173         authorizing the commission to investigate sworn
  174         complaints alleging a prohibited expenditure;
  175         authorizing the commission to investigate a lobbyist
  176         or principal upon a sworn complaint or random audit;
  177         authorizing the Governor and Cabinet to assess a fine
  178         on a lobbyist or principal under specified conditions;
  179         providing a civil penalty; amending s. 112.324, F.S.;
  180         authorizing specified parties to submit written
  181         referrals of a possible violation of the Code of
  182         Ethics for Public Officers and Employees or other
  183         possible breaches of the public trust to the
  184         Commission on Ethics; establishing procedures for the
  185         receipt of written referrals by the commission;
  186         extending the period in which the disclosure of the
  187         intent to file or the filing of a complaint against a
  188         candidate is prohibited; providing exceptions;
  189         requiring the commission to dismiss a complaint of a
  190         de minimis violation; providing exceptions; defining a
  191         de minimis violation; reenacting s. 120.665, F.S.,
  192         relating to disqualification of agency personnel, to
  193         incorporate the amendments to s. 112.3143, F.S., in a
  194         reference thereto; reenacting s. 286.012, F.S.,
  195         relating to voting requirements at meetings of
  196         governmental bodies, to incorporate the amendments
  197         made to s. 112.3143, F.S., in a reference thereto;
  198         reenacting s. 287.175, F.S., relating to penalties, to
  199         incorporate the amendments made to s. 112.324, F.S.,
  200         in a reference thereto; amending s. 288.901, F.S.;
  201         correcting a cross-reference; amending s. 445.007,
  202         F.S., and reenacting subsection (1) of that section,
  203         relating to regional workforce boards, to incorporate
  204         the amendments made to s. 112.3143, F.S., in a
  205         reference thereto; correcting cross-references;
  206         reenacting s. 627.311(5)(m), F.S., relating to joint
  207         underwriters and joint reinsurers, to incorporate the
  208         amendments made to s. 112.3143, F.S., in a reference
  209         thereto; reenacting s. 627.351(6)(d), F.S., relating
  210         to Citizens Property Insurance Corporation, to
  211         incorporate the amendments made to s. 112.3143, F.S.;
  212         providing an effective date.
  213  
  214  Be It Enacted by the Legislature of the State of Florida:
  215  
  216         Section 1. Subsection (5) and paragraph (b) of subsection
  217  (12) of section 112.312, Florida Statutes, is amended to read:
  218         112.312 Definitions.—As used in this part and for purposes
  219  of the provisions of s. 8, Art. II of the State Constitution,
  220  unless the context otherwise requires:
  221         (5) “Business entity” means any corporation, partnership,
  222  limited partnership, company, limited liability company,
  223  proprietorship, firm, enterprise, franchise, association, self
  224  employed individual, or trust, whether fictitiously named or
  225  not, doing business in this state.
  226         (12)
  227         (b) “Gift” does not include:
  228         1. Salary, benefits, services, fees, commissions, gifts, or
  229  expenses associated primarily with the donee’s employment,
  230  business, or service as an officer or director of a corporation
  231  or organization.
  232         2. Except as provided in s. 112.31485, contributions or
  233  expenditures reported pursuant to chapter 106, contributions or
  234  expenditures reported pursuant to federal election law,
  235  campaign-related personal services provided without compensation
  236  by individuals volunteering their time, or any other
  237  contribution or expenditure by a political party or affiliated
  238  party committee.
  239         3. An honorarium or an expense related to an honorarium
  240  event paid to a person or the person’s spouse.
  241         4. An award, plaque, certificate, or similar personalized
  242  item given in recognition of the donee’s public, civic,
  243  charitable, or professional service.
  244         5. An honorary membership in a service or fraternal
  245  organization presented merely as a courtesy by such
  246  organization.
  247         6. The use of a public facility or public property, made
  248  available by a governmental agency, for a public purpose.
  249         7. Transportation provided to a public officer or employee
  250  by an agency in relation to officially approved governmental
  251  business.
  252         8. Gifts provided directly or indirectly by a state,
  253  regional, or national organization which promotes the exchange
  254  of ideas between, or the professional development of,
  255  governmental officials or employees, and whose membership is
  256  primarily composed of elected or appointed public officials or
  257  staff, to members of that organization or officials or staff of
  258  a governmental agency that is a member of that organization.
  259         Section 2. Section 112.3125, Florida Statutes, is created
  260  to read:
  261         112.3125Dual public employment.—
  262         (1) As used in this section, the term “public officer”
  263  includes any person who is elected to state or local office or,
  264  for the period of his or her candidacy, any person who has
  265  qualified as a candidate for state or local office.
  266         (2) A public officer may not accept public employment with
  267  the state or any of its political subdivisions if the public
  268  officer knows, or with the exercise of reasonable care should
  269  know, that the position is being offered by the employer for the
  270  purpose of gaining influence or other advantage based on the
  271  public officer’s office or candidacy.
  272         (3) Any public employment accepted by a public officer must
  273  meet all of the following conditions:
  274         (a)1. The position was already in existence or was created
  275  by the employer without the knowledge or anticipation of the
  276  public officer’s interest in such position;
  277         2. The position was publicly advertised;
  278         3. The public officer was subject to the same application
  279  and hiring process as other candidates for the position; and
  280         4. The public officer meets or exceeds the required
  281  qualifications for the position.
  282         (4) A person who was employed by the state or any of its
  283  political subdivisions before qualifying as a public officer for
  284  his or her current term of office or the next available term of
  285  office may continue his or her employment. However, he or she
  286  may not accept promotion, advancement, additional compensation,
  287  or anything of value that he or she knows, or with the exercise
  288  of reasonable care should know, is provided or given as a result
  289  of his or her election or position, or that is otherwise
  290  inconsistent with the promotion, advancement, additional
  291  compensation, or anything of value provided or given an employee
  292  who is similarly situated.
  293         (5) This section may not be interpreted as authorizing
  294  employment that is otherwise prohibited by law.
  295         Section 3. Paragraph (a) of subsection (9) of section
  296  112.313, Florida Statutes, is amended to read:
  297         112.313 Standards of conduct for public officers, employees
  298  of agencies, and local government attorneys.—
  299         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  300  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  301         (a)1. It is the intent of the Legislature to implement by
  302  statute the provisions of s. 8(e), Art. II of the State
  303  Constitution relating to legislators, statewide elected
  304  officers, appointed state officers, and designated public
  305  employees.
  306         2. As used in this paragraph:
  307         a. “Employee” means:
  308         (I) Any person employed in the executive or legislative
  309  branch of government holding a position in the Senior Management
  310  Service as defined in s. 110.402 or any person holding a
  311  position in the Selected Exempt Service as defined in s. 110.602
  312  or any person having authority over policy or procurement
  313  employed by the Department of the Lottery.
  314         (II) The Auditor General, the director of the Office of
  315  Program Policy Analysis and Government Accountability, the
  316  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  317  at Arms and Clerk of the House of Representatives.
  318         (III) The executive director and deputy executive director
  319  of the Commission on Ethics.
  320         (IV) An executive director, staff director, or deputy staff
  321  director of each joint committee, standing committee, or select
  322  committee of the Legislature; an executive director, staff
  323  director, executive assistant, analyst, or attorney of the
  324  Office of the President of the Senate, the Office of the Speaker
  325  of the House of Representatives, the Senate Majority Party
  326  Office, Senate Minority Party Office, House Majority Party
  327  Office, or House Minority Party Office; or any person, hired on
  328  a contractual basis, having the power normally conferred upon
  329  such persons, by whatever title.
  330         (V) The Chancellor and Vice Chancellors of the State
  331  University System; the general counsel to the Board of Governors
  332  of the State University System; and the president, provost, vice
  333  presidents, and deans of each state university.
  334         (VI) Any person, including an other-personal-services
  335  employee, having the power normally conferred upon the positions
  336  referenced in this sub-subparagraph.
  337         b. “Appointed state officer” means any member of an
  338  appointive board, commission, committee, council, or authority
  339  of the executive or legislative branch of state government whose
  340  powers, jurisdiction, and authority are not solely advisory and
  341  include the final determination or adjudication of any personal
  342  or property rights, duties, or obligations, other than those
  343  relative to its internal operations.
  344         c. “State agency” means an entity of the legislative,
  345  executive, or judicial branch of state government over which the
  346  Legislature exercises plenary budgetary and statutory control.
  347         3. No member of the Legislature, appointed state officer,
  348  or statewide elected officer shall personally represent another
  349  person or entity for compensation before the government body or
  350  agency of which the individual was an officer or member for a
  351  period of 2 years following vacation of office. No member of the
  352  Legislature shall personally represent another person or entity
  353  for compensation during his or her term of office, or for a
  354  period of 2 years following vacation of office, before any state
  355  agency other than judicial tribunals or in settlement
  356  negotiations after the filing of a lawsuit. No member shall
  357  associate as a partner, principal, employee of a firm, or
  358  consultant for a period of 2 years following vacation of office
  359  for the purpose of drafting, strategizing, consulting, advising
  360  or in any way working on matters that will come before the
  361  Legislature or provide networking or relationship building
  362  services with sitting members of the Legislature. For purposes
  363  of this prohibition, employment, partnership, or association
  364  with a principal, firm, or entity whose primary purpose is
  365  legislative lobbying is presumptively prohibited unless the
  366  principal, firm, entity, or former member first receives an
  367  advisory opinion from the commission finding that the proposed
  368  employment is in compliance with this section. If the primary
  369  purpose of the employer, association or partnership, principal,
  370  firm, or entity affiliating with the former member is
  371  legislative lobbying, such entity must file annually a sworn
  372  statement with the Secretary of the Senate or the Clerk of the
  373  House of Representatives affirming that the former member did
  374  not engage in any of the prohibited activities.
  375         4. An agency employee, including an agency employee who was
  376  employed on July 1, 2001, in a Career Service System position
  377  that was transferred to the Selected Exempt Service System under
  378  chapter 2001-43, Laws of Florida, may not personally represent
  379  another person or entity for compensation before the agency with
  380  which he or she was employed for a period of 2 years following
  381  vacation of position, unless employed by another agency of state
  382  government.
  383         5. Any person violating this paragraph shall be subject to
  384  the penalties provided in s. 112.317 and a civil penalty of an
  385  amount equal to the compensation which the person receives for
  386  the prohibited conduct.
  387         6. This paragraph is not applicable to:
  388         a. A person employed by the Legislature or other agency
  389  prior to July 1, 1989;
  390         b. A person who was employed by the Legislature or other
  391  agency on July 1, 1989, whether or not the person was a defined
  392  employee on July 1, 1989;
  393         c. A person who was a defined employee of the State
  394  University System or the Public Service Commission who held such
  395  employment on December 31, 1994;
  396         d. A person who has reached normal retirement age as
  397  defined in s. 121.021(29), and who has retired under the
  398  provisions of chapter 121 by July 1, 1991; or
  399         e. Any appointed state officer whose term of office began
  400  before January 1, 1995, unless reappointed to that office on or
  401  after January 1, 1995.
  402         Section 4. Section 112.3142, Florida Statutes, is created
  403  to read:
  404         112.3142Ethics training for specified constitutional
  405  officers.—
  406         (1) As used in this section, the term “constitutional
  407  officers” includes the Governor, the Lieutenant Governor, the
  408  Attorney General, the Chief Financial Officer, the Commissioner
  409  of Agriculture, state attorneys, public defenders, sheriffs, tax
  410  collectors, property appraisers, supervisors of elections,
  411  clerks of the circuit court, county commissioners, district
  412  school board members, and superintendents of schools.
  413         (2) All constitutional officers must complete 4 hours of
  414  ethics training annually that addresses, at a minimum, s. 8,
  415  Art. II of the State Constitution, the Code of Ethics for Public
  416  Officers and Employees, and the public records and public
  417  meetings laws of this state. This requirement may be satisfied
  418  by completion of a continuing legal education class or other
  419  continuing professional education class, seminar, or
  420  presentation if the required subjects are covered.
  421         (3) Each house of the Legislature shall provide for ethics
  422  training pursuant to its rules.
  423         Section 5. Section 112.31425, Florida Statutes, is created
  424  to read:
  425         112.31425Qualified blind trusts.—
  426         (1) The Legislature finds that if a public officer creates
  427  a trust and does not control the interests held by the trust,
  428  his or her official actions will not be influenced or appear to
  429  be influenced by private considerations.
  430         (2)If a public officer holds a beneficial interest in a
  431  qualified blind trust as described in this section, he or she
  432  does not have a conflict of interest prohibited under s.
  433  112.313(3) or (7) or a voting conflict of interest under s.
  434  112.3143 with regard to matters pertaining to that interest.
  435         (3)The public officer may not attempt to influence or
  436  exercise any control over decisions regarding the management of
  437  assets in a qualified blind trust. The public officer or any
  438  person having a beneficial interest in the qualified blind trust
  439  may not make any effort to obtain information with respect to
  440  the holdings of the trust, including obtaining a copy of any
  441  trust tax return filed or any information relating thereto,
  442  except as otherwise provided in this section.
  443         (4)Except for communications that consist solely of
  444  requests for distributions of cash or other unspecified assets
  445  of the trust, the public officer or the person who has a
  446  beneficial interest may not have any direct or indirect
  447  communication with the trustee with respect to the trust, unless
  448  such communication is in writing and relates only to:
  449         (a)A request for a distribution from the trust which does
  450  not specify whether the distribution is to be made in cash or in
  451  kind;
  452         (b)The general financial interests and needs of the public
  453  officer or the person who has a beneficial interest, including,
  454  but not limited to, an interest in maximizing income or long
  455  term capital gain;
  456         (c)A notification of the trustee of a law or regulation
  457  subsequently applicable to the public officer which prohibits
  458  the officer from holding an asset and directs that the asset not
  459  be held by the trust; or
  460         (d)A direction to the trustee to sell all of an asset
  461  initially placed in the trust by the public officer which, in
  462  the determination of the public officer, creates a conflict of
  463  interest or the appearance thereof due to the subsequent
  464  assumption of duties by the public officer.
  465         (5)The public officer shall report the beneficial interest
  466  in the qualified blind trust and its value as an asset on his or
  467  her financial disclosure form, if the value is required to be
  468  disclosed. The public officer shall report the blind trust as a
  469  primary source of income on his or her financial disclosure
  470  forms and its amount, if the amount of income is required to be
  471  disclosed. The public officer is not required to report as a
  472  secondary source of income any source of income to the blind
  473  trust.
  474         (6)In order to constitute a qualified blind trust, the
  475  trust established by the public officer must meet the following
  476  requirements:
  477         (a)The person appointed as the trustee may not be:
  478         1.The public officer’s spouse, child, parent, grandparent,
  479  grandchild, brother, sister, parent-in-law, brother-in-law,
  480  sister-in-law, aunt, uncle, or first cousin, or the spouse of
  481  any such person;
  482         2.A person who is an elected or appointed public officer
  483  or a public employee; or
  484         3.A person who has been appointed to serve in an agency by
  485  the public officer or by a public officer or public employee
  486  supervised by the public officer.
  487         (b)The trust agreement that establishes the trust must:
  488         1.Contain a statement that its purpose is to remove from
  489  the grantor control and knowledge of investment of trust assets
  490  so that conflicts between the grantor’s responsibilities as a
  491  public officer and his or her private interests are eliminated.
  492         2.Give the trustee complete discretion to manage the
  493  trust, including, but not limited to, the power to dispose of
  494  and acquire trust assets without consulting or notifying the
  495  covered public officer or the person having a beneficial
  496  interest in the trust.
  497         3.Prohibit communication between the trustee and the
  498  public officer, or the person who has a beneficial interest in
  499  the trust, concerning the holdings or sources of income of the
  500  trust, except amounts of cash value or net income or loss, if
  501  such report does not identify any asset or holding, or except as
  502  provided in this section.
  503         4.Provide that the trust tax return is prepared by the
  504  trustee or his or her designee and that any information relating
  505  thereto is not disclosed to the public officer or to the person
  506  who has a beneficial interest, except as provided in this
  507  section.
  508         5.Permit the trustee to notify the public officer of the
  509  date of disposition and value at disposition of any original
  510  investment or interest in real property to the extent required
  511  by federal tax law so that the information can be reported on
  512  the public officer’s applicable tax returns.
  513         6.Prohibit the trustee from disclosing to the public
  514  officer or the person who has a beneficial interest any
  515  information concerning replacement assets to the trust, except
  516  for the minimum tax information that lists only the totals of
  517  taxable items from the trust and does not describe the source of
  518  individual items of income.
  519         (c)Within 5 business days after the agreement is executed,
  520  the public officer shall file a notice with the commission
  521  setting forth:
  522         1.The date that the agreement is executed;
  523         2.The name and address of the trustee; and
  524         3.The acknowledgement by the trustee that he or she has
  525  agreed to serve as trustee.
  526         (7) If the trust is revoked while the covered public
  527  official is a public officer, or if the covered public official
  528  learns of any replacement assets that have been added to the
  529  trust, the covered public official shall file an amendment to
  530  his or her most recent financial disclosure statement. The
  531  amendment shall be filed no later than 60 days after the date of
  532  revocation or the addition of the replacement assets. The
  533  covered public official shall disclose the previously unreported
  534  pro rata share of the trust’s interests in investments or income
  535  deriving from any such investments. For purposes of this
  536  section, any replacement asset that becomes known to the covered
  537  public official shall thereafter be treated as though it were an
  538  original asset of the trust.
  539         Section 6. Subsections (1) and (2) of section 112.3143,
  540  Florida Statutes, are amended, current subsection (5) of that
  541  section is renumbered as subsection (6), and a new subsection
  542  (5) is added to that section, to read:
  543         112.3143 Voting conflicts.—
  544         (1) As used in this section:
  545         (a) “Principal” includes the parent organization or
  546  subsidiary of any business entity by which the public officer is
  547  retained.
  548         (b)(a) “Public officer” includes any person elected or
  549  appointed to hold office in any agency, including any person
  550  serving on an advisory body.
  551         (c)(b) “Relative” means any father, mother, son, daughter,
  552  husband, wife, brother, sister, father-in-law, mother-in-law,
  553  son-in-law, or daughter-in-law.
  554         (d) “Special private gain or loss” means an economic
  555  benefit or harm that would inure to the voting official or the
  556  voting official’s relative, business associate, or principal in
  557  a unique way or disproportionate to other members of the group.
  558         (2)(a)A No state public officer may not vote on any matter
  559  that the officer knows would inure to his or her special private
  560  gain or loss is prohibited from voting in an official capacity
  561  on any matter. However, Any state public officer who abstains
  562  from voting in an official capacity upon any measure that which
  563  the officer knows would inure to the officer’s special private
  564  gain or loss, or who votes in an official capacity on a measure
  565  that; which he or she knows would inure to the special private
  566  gain or loss of any principal by whom the officer is retained or
  567  to the parent organization or subsidiary of a corporate
  568  principal by which the officer is retained other than an agency
  569  as defined in s. 112.312(2); or which the officer knows would
  570  inure to the special private gain or loss of a relative or
  571  business associate of the public officer, shall make every
  572  reasonable effort to, within 15 days after the vote occurs,
  573  disclose the nature of his or her interest as a public record in
  574  a memorandum filed with the person responsible for recording the
  575  minutes of the meeting, who shall incorporate the memorandum in
  576  the minutes. If it is not possible for the state public officer
  577  to file a memorandum before the vote, the memorandum must be
  578  filed with the person responsible for recording the minutes of
  579  the meeting no later than 15 days after the vote.
  580         (b) A member of the Legislature may satisfy the disclosure
  581  requirements of this section by filing a disclosure form created
  582  pursuant to the rules of the member’s respective house if the
  583  member discloses the information required by this subsection.
  584         (5) If disclosure of specific information would violate
  585  confidentiality or privilege pursuant to law or rules governing
  586  attorneys, a public officer, who is also an attorney, may comply
  587  with the disclosure requirements of this section by disclosing
  588  the nature of the interest in such a way as to provide the
  589  public with notice of the conflict.
  590         Section 7. Subsection (2) of section 112.3144, Florida
  591  Statutes, is amended, present subsection (7) is renumbered as
  592  subsection (9), and new subsections (7) and (8) are added to
  593  that section, to read:
  594         112.3144 Full and public disclosure of financial
  595  interests.—
  596         (2) A person who is required, pursuant to s. 8, Art. II of
  597  the State Constitution, to file a full and public disclosure of
  598  financial interests and who has filed a full and public
  599  disclosure of financial interests for any calendar or fiscal
  600  year shall not be required to file a statement of financial
  601  interests pursuant to s. 112.3145(2) and (3) for the same year
  602  or for any part thereof notwithstanding any requirement of this
  603  part. When a candidate has qualified for office, the qualifying
  604  officer shall, within 3 days of receipt of the full and public
  605  disclosure of financial interests, forward an electronic copy of
  606  the full and public disclosure to the commission. The electronic
  607  copy of the full and public disclosure of financial interests
  608  satisfies the annual disclosure requirement of this section. A
  609  candidate who does not qualify until after the annual full and
  610  public disclosure has been filed pursuant to this section,
  611  except that a candidate for office shall file a copy of his or
  612  her disclosure with the officer before whom he or she qualifies.
  613         (7)(a) The commission shall treat an amended full and
  614  public disclosure of financial interests that is filed prior to
  615  September 1 of the current year as the original filing,
  616  regardless of whether a complaint has been filed. If a complaint
  617  pertaining to the current year alleges a failure to properly and
  618  accurately disclose any information required by this section or
  619  if a complaint filed pertaining to a previous reporting period
  620  within the preceding 5 years alleges a failure to properly and
  621  accurately disclose any information required to be disclosed by
  622  this section, the commission may immediately follow complaint
  623  procedures in s. 112.324. However, if a complaint filed after
  624  August 25 alleges an immaterial, inconsequential, or de minimis
  625  error or omission, the commission may not take any action on the
  626  complaint, other than notifying the filer of the complaint. The
  627  filer must be given 30 days to file an amended full and public
  628  disclosure of financial interests correcting any errors. If the
  629  filer does not file an amended full and public disclosure of
  630  financial interests within 30 days after the commission sends
  631  notice of the complaint, the commission may continue with
  632  proceedings pursuant to s. 112.324.
  633         (b) For purposes of the final full and public disclosure of
  634  financial interests, the commission shall treat a new final full
  635  and public disclosure of financial interests as the original
  636  filing if filed within 60 days after the original filing,
  637  regardless of whether a complaint has been filed. If, more than
  638  60 days after a final full and public disclosure of financial
  639  interests is filed, a complaint is filed alleging a complete
  640  omission of any information required to be disclosed by this
  641  section, the commission may immediately follow the complaint
  642  procedures in s. 112.324. However, if the complaint alleges an
  643  immaterial, inconsequential, or de minimis error or omission,
  644  the commission may not take any action on the complaint, other
  645  than notifying the filer of the complaint. The filer must be
  646  given 30 days to file a new final full and public disclosure of
  647  financial interests correcting any errors. If the filer does not
  648  file a new final full and public disclosure of financial
  649  interests within 30 days after the commission sends notice of
  650  the complaint, the commission may continue with proceedings
  651  pursuant to s. 112.324.
  652         (c) For purposes of this section, an error or omission is
  653  immaterial, inconsequential, or de minimis if the original
  654  filing provided sufficient information for the public to
  655  identify potential conflicts of interest.
  656         (8)(a) An individual required to file a disclosure pursuant
  657  to this section may have the disclosure prepared by a certified
  658  public accountant licensed in this state. The certified public
  659  accountant must attest on the form that he or she prepared the
  660  disclosure in accordance with applicable industry standards, if
  661  any, and that, upon his or her reasonable knowledge and belief,
  662  the disclosure is true and correct. If a complaint is filed
  663  alleging a failure to disclose information required by this
  664  section, the commission shall determine whether the information
  665  was disclosed to the certified public accountant. The failure of
  666  the certified public accountant to accurately transcribe
  667  information provided by the individual required to file is not a
  668  violation of this section.
  669         (b) An elected officer or candidate who chooses to use a
  670  certified public accountant to prepare his or her disclosure may
  671  pay for the services of the certified public accountant from
  672  funds in an office account created pursuant to s. 106.141 or,
  673  during a year that the individual qualifies for election to
  674  public office, the candidate’s campaign depository pursuant to
  675  s. 106.021.
  676         Section 8. Section 112.31445, Florida Statutes, is created
  677  to read:
  678         112.31445Electronic filing system; full and public
  679  disclosure of financial interests.—
  680         (1) As used in this section, the term “electronic filing
  681  system” means an Internet system for recording and reporting
  682  full and public disclosure of financial interests or any other
  683  form that is required pursuant to s. 112.3144.
  684         (2) Beginning with the 2012 filing year, all full and
  685  public disclosures of financial interests filed with the
  686  commission pursuant to s. 8, Art. II of the State Constitution
  687  or s. 112.3144 must be scanned and made publicly available by
  688  the commission through a searchable Internet database.
  689         (3) By December 1, 2015, the commission shall submit a
  690  proposal to the President of the Senate and the Speaker of the
  691  House of Representatives for a mandatory electronic filing
  692  system. The proposal must, at a minimum:
  693         (a) Provide for access through the Internet.
  694         (b) Establish a procedure to make filings available in a
  695  searchable format that is accessible by an individual using
  696  standard web-browsing software.
  697         (c) Provide for direct completion of the full and public
  698  disclosure of financial interests forms as well as upload of
  699  such information using software approved by the commission.
  700         (d) Provide a secure method that prevents unauthorized
  701  access to electronic filing system functions.
  702         (e) Provide a method for a certified public accountant
  703  licensed in this state to attest that he or she prepared the
  704  disclosure in accordance with applicable industry standards, if
  705  any, and that, upon his or her reasonable knowledge and belief,
  706  the form is true and correct.
  707         (f) Address whether additional statutory or rulemaking
  708  authority is necessary for implementation of the system, and
  709  must include, at a minimum, the following elements: alternate
  710  filing procedures to be used in the event that the commission’s
  711  electronic filing system is inoperable, issuance of an
  712  electronic receipt via electronic mail indicating and verifying
  713  to the individual who submitted the full and public disclosure
  714  of financial interests form that the form has been filed, and a
  715  determination of the feasibility and necessity of including
  716  statements of financial interests filed pursuant to s. 112.3145
  717  in the proposed system.
  718         Section 9. Paragraphs (a) and (b) of subsection (1),
  719  paragraph (a) of subsection (2), and subsection (3) of section
  720  112.3145, Florida Statutes, are amended, present subsection (9)
  721  of that section is renumbered as subsection (11), and new
  722  subsections (9) and (10) are added to that section, to read:
  723         112.3145 Disclosure of financial interests and clients
  724  represented before agencies.—
  725         (1) For purposes of this section, unless the context
  726  otherwise requires, the term:
  727         (a) “Local officer” means:
  728         1. Every person who is elected to office in any political
  729  subdivision of the state, and every person who is appointed to
  730  fill a vacancy for an unexpired term in such an elective office.
  731         2. Any appointed member of any of the following boards,
  732  councils, commissions, authorities, or other bodies of any
  733  county, municipality, school district, independent special
  734  district, or other political subdivision of the state:
  735         a. The governing body of the political subdivision, if
  736  appointed;
  737         b. An expressway authority or transportation authority
  738  established by general law;
  739         b.c. A community college or junior college district board
  740  of trustees;
  741         c.d. A board having the power to enforce local code
  742  provisions;
  743         d.e. A planning or zoning board, board of adjustment, board
  744  of appeals, community redevelopment agency board, or other board
  745  having the power to recommend, create, or modify land planning
  746  or zoning within the political subdivision, except for citizen
  747  advisory committees, technical coordinating committees, and such
  748  other groups who only have the power to make recommendations to
  749  planning or zoning boards;
  750         e.f. A pension board or retirement board having the power
  751  to invest pension or retirement funds or the power to make a
  752  binding determination of one’s entitlement to or amount of a
  753  pension or other retirement benefit; or
  754         f.g. Any other appointed member of a local government board
  755  who is required to file a statement of financial interests by
  756  the appointing authority or the enabling legislation, ordinance,
  757  or resolution creating the board.
  758         3. Any person holding one or more of the following
  759  positions: mayor; county or city manager; chief administrative
  760  employee of a county, municipality, or other political
  761  subdivision; county or municipal attorney; finance director of a
  762  county, municipality, or other political subdivision; chief
  763  county or municipal building code inspector; county or municipal
  764  water resources coordinator; county or municipal pollution
  765  control director; county or municipal environmental control
  766  director; county or municipal administrator, with power to grant
  767  or deny a land development permit; chief of police; fire chief;
  768  municipal clerk; district school superintendent; community
  769  college president; district medical examiner; or purchasing
  770  agent having the authority to make any purchase exceeding the
  771  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  772  behalf of any political subdivision of the state or any entity
  773  thereof.
  774         (b) “Specified state employee” means:
  775         1. Public counsel created by chapter 350, an assistant
  776  state attorney, an assistant public defender, a criminal
  777  conflict and civil regional counsel, an assistant criminal
  778  conflict and civil regional counsel, a full-time state employee
  779  who serves as counsel or assistant counsel to any state agency,
  780  the Deputy Chief Judge of Compensation Claims, a judge of
  781  compensation claims, an administrative law judge, or a hearing
  782  officer.
  783         2. Any person employed in the office of the Governor or in
  784  the office of any member of the Cabinet if that person is exempt
  785  from the Career Service System, except persons employed in
  786  clerical, secretarial, or similar positions.
  787         3. The State Surgeon General or each appointed secretary,
  788  assistant secretary, deputy secretary, executive director,
  789  assistant executive director, or deputy executive director of
  790  each state department, commission, board, or council; unless
  791  otherwise provided, the division director, assistant division
  792  director, deputy director, bureau chief, and assistant bureau
  793  chief of any state department or division; or any person having
  794  the power normally conferred upon such persons, by whatever
  795  title.
  796         4. The superintendent or institute director of a state
  797  mental health institute established for training and research in
  798  the mental health field or the warden or director of any major
  799  state institution or facility established for corrections,
  800  training, treatment, or rehabilitation.
  801         5. Business managers, purchasing agents having the power to
  802  make any purchase exceeding the threshold amount provided for in
  803  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  804  personnel officers, or grants coordinators for any state agency.
  805         6. Any person, other than a legislative assistant exempted
  806  by the presiding officer of the house by which the legislative
  807  assistant is employed, who is employed in the legislative branch
  808  of government, except persons employed in maintenance, clerical,
  809  secretarial, or similar positions.
  810         7. Each employee of the Commission on Ethics.
  811         (2)(a) A person seeking nomination or election to a state
  812  or local elective office shall file a statement of financial
  813  interests together with, and at the same time he or she files,
  814  qualifying papers. When a candidate has qualified for office
  815  prior to the deadline to file an annual statement of financial
  816  interests, the statement of financial interests that is filed
  817  with the candidate’s qualifying papers shall be deemed to
  818  satisfy the annual disclosure requirement of this section. The
  819  qualifying officer must record that the statement of financial
  820  interests was timely filed. However, if a candidate does not
  821  qualify until after the annual statement of financial interests
  822  has been filed, the candidate may file a copy of his or her
  823  statement with the qualifying officer.
  824         (3) The statement of financial interests for state
  825  officers, specified state employees, local officers, and persons
  826  seeking to qualify as candidates for state or local office shall
  827  be filed even if the reporting person holds no financial
  828  interests requiring disclosure, in which case the statement
  829  shall be marked “not applicable.” Otherwise, the statement of
  830  financial interests shall include, at the filer’s option,
  831  either:
  832         (a)1. All sources of income in excess of 5 percent of the
  833  gross income received during the disclosure period by the person
  834  in his or her own name or by any other person for his or her use
  835  or benefit, excluding public salary. However, this shall not be
  836  construed to require disclosure of a business partner’s sources
  837  of income. The person reporting shall list such sources in
  838  descending order of value with the largest source first;
  839         2. All sources of income to a business entity in excess of
  840  10 percent of the gross income of a business entity in which the
  841  reporting person held a material interest and from which he or
  842  she received an amount which was in excess of 10 percent of his
  843  or her gross income during the disclosure period and which
  844  exceeds $1,500. The period for computing the gross income of the
  845  business entity is the fiscal year of the business entity which
  846  ended on, or immediately prior to, the end of the disclosure
  847  period of the person reporting;
  848         3. The location or description of real property in this
  849  state, except for residences and vacation homes, owned directly
  850  or indirectly by the person reporting, when such person owns in
  851  excess of 5 percent of the value of such real property, and a
  852  general description of any intangible personal property worth in
  853  excess of 10 percent of such person’s total assets. For the
  854  purposes of this paragraph, indirect ownership does not include
  855  ownership by a spouse or minor child; and
  856         4. Every individual liability that equals more than the
  857  reporting person’s net worth; or
  858         (b)1. All sources of gross income in excess of $2,500
  859  received during the disclosure period by the person in his or
  860  her own name or by any other person for his or her use or
  861  benefit, excluding public salary. However, this shall not be
  862  construed to require disclosure of a business partner’s sources
  863  of income. The person reporting shall list such sources in
  864  descending order of value with the largest source first;
  865         2. All sources of income to a business entity in excess of
  866  10 percent of the gross income of a business entity in which the
  867  reporting person held a material interest and from which he or
  868  she received gross income exceeding $5,000 during the disclosure
  869  period. The period for computing the gross income of the
  870  business entity is the fiscal year of the business entity which
  871  ended on, or immediately prior to, the end of the disclosure
  872  period of the person reporting;
  873         3. The location or description of real property in this
  874  state, except for residence and vacation homes, owned directly
  875  or indirectly by the person reporting, when such person owns in
  876  excess of 5 percent of the value of such real property, and a
  877  general description of any intangible personal property worth in
  878  excess of $10,000. For the purpose of this paragraph, indirect
  879  ownership does not include ownership by a spouse or minor child;
  880  and
  881         4. Every liability in excess of $10,000.
  882  
  883  A person filing a statement of financial interests shall
  884  indicate on the statement whether he or she is using the method
  885  specified in paragraph (a) or paragraph (b) of this subsection.
  886         (9)(a) The commission shall treat an amended statement of
  887  financial interests that is filed prior to September 1 of the
  888  current year as the original filing, regardless of whether a
  889  complaint has been filed. If a complaint pertaining to the
  890  current year alleges a failure to properly and accurately
  891  disclose any information required by this section or if a
  892  complaint filed pertaining to a previous reporting period within
  893  the preceding 5 years alleges a failure to properly and
  894  accurately disclose any information required to be disclosed by
  895  this section, the commission may immediately follow complaint
  896  procedures in s. 112.324. However, if a complaint filed after
  897  August 25 alleges an immaterial, inconsequential, or de minimis
  898  error or omission, the commission may not take any action on the
  899  complaint, other than notifying the filer of the complaint. The
  900  filer must be given 30 days to file an amended statement of
  901  financial interests correcting any errors. If the filer does not
  902  file an amended statement of financial interests within 30 days
  903  after the commission sends notice of the complaint, the
  904  commission may continue with proceedings pursuant to s. 112.324.
  905         (b) For purposes of the final statement of financial
  906  interests, the commission shall treat a new final statement of
  907  financial interests, as the original filing, if filed within 60
  908  days of the original filing regardless of whether a complaint
  909  has been filed. If, more than 60 days after a final statement of
  910  financial interests is filed, a complaint is filed alleging a
  911  complete omission of any information required to be disclosed by
  912  this section, the commission may immediately follow the
  913  complaint procedures in s. 112.324. However, if the complaint
  914  alleges an immaterial, inconsequential, or de minimis error or
  915  omission, the commission may not take any action on the
  916  complaint other than notifying the filer of the complaint. The
  917  filer must be given 30 days to file a new final statement of
  918  financial interests correcting any errors. If the filer does not
  919  file a new final statement of financial interests within 30 days
  920  after the commission sends notice of the complaint, the
  921  commission may continue with proceedings pursuant to s. 112.324.
  922         (c) For purposes of this section, an error or omission is
  923  immaterial, inconsequential, or de minimis if the original
  924  filing provided sufficient information for the public to
  925  identify potential conflicts of interest.
  926         (10)(a) An individual required to file a disclosure
  927  pursuant to this section may have the disclosure prepared by a
  928  certified public accountant licensed in this state. The
  929  certified public accountant must attest on the form that he or
  930  she prepared the disclosure in accordance with applicable
  931  industry standards, if any, and that, upon his or her reasonable
  932  knowledge and belief, the disclosure is true and correct. If a
  933  complaint is filed alleging a failure to disclose information
  934  required by this section, the commission shall determine whether
  935  the information was disclosed to the certified public
  936  accountant. If the certified public accountant had the
  937  information, but failed to accurately transcribe it onto the
  938  form in the manner required, the filing individual is not in
  939  violation of this section.
  940         (b) An elected officer or candidate who chooses to use a
  941  certified public accountant to prepare his or her disclosure may
  942  pay for the services of the certified public accountant from
  943  funds in an office account created pursuant to s. 106.141 or,
  944  during a year that the individual qualifies for election to
  945  public office, the candidate’s campaign depository pursuant to
  946  s. 106.021.
  947         Section 10. Section 112.31455, Florida Statutes, is created
  948  to read:
  949         112.31455Collection methods for unpaid automatic fines for
  950  failure to timely file disclosure of financial interests.—
  951         (1) Before referring any unpaid fine accrued pursuant to s.
  952  112.3144(5) or s. 112.3145(6) to the Department of Financial
  953  Services, the commission shall attempt to determine whether the
  954  individual owing such a fine is a current public officer or
  955  current public employee. If so, the commission may notify the
  956  Chief Financial Officer or the governing body of the appropriate
  957  county, municipality, or special district of the total amount of
  958  any fine owed to the commission by such individual.
  959         (a) After receipt and verification of the notice from the
  960  commission, the Chief Financial Officer or the governing body of
  961  the county, municipality, or special district shall begin
  962  withholding the lesser of 10 percent or the maximum amount
  963  allowed under federal law from any salary-related payment. The
  964  withheld payments shall be remitted to the commission until the
  965  fine is satisfied.
  966         (b) The Chief Financial Officer or the governing body of
  967  the county, municipality, or special district may retain an
  968  amount of each withheld payment, as provided in s. 77.0305, to
  969  cover the administrative costs incurred under this section.
  970         (2) If the commission determines that the individual who is
  971  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  972  or s. 112.3145(6) is no longer a public officer or public
  973  employee or if the commission is unable to determine whether the
  974  individual is a current public officer or public employee, the
  975  commission may, 6 months after the order becomes final:
  976         (a) Record the final order as a judgment lien against any
  977  real or personal property within the state pursuant to chapter
  978  55. Upon recording the order imposing the fine with the clerk of
  979  the circuit court, the order shall be deemed a judgment for
  980  purposes of chapter 55; or
  981         (b) Seek garnishment of any wages to satisfy the amount of
  982  the fine, or any unpaid portion thereof, pursuant to chapter 77.
  983  Upon recording the order imposing the fine with the clerk of the
  984  circuit court, the order shall be deemed a judgment for purposes
  985  of garnishment pursuant to chapter 77.
  986         (3) If a person holds an interest of $10,000 or less in a
  987  single motor vehicle as defined in s. 320.01, that interest is
  988  exempt from the collection methods authorized by this section.
  989         (4) The commission may refer unpaid fines to the
  990  appropriate collection agency, as directed by the Chief
  991  Financial Officer, to utilize any collection methods provided by
  992  law. Except as expressly limited by this section, any other
  993  collection methods authorized by law are allowed.
  994         (5) Action may be taken to collect any unpaid fine imposed
  995  by ss. 112.3144 and 112.3145 within 20 years after the date the
  996  final order is rendered.
  997         Section 11. Section 112.3147, Florida Statutes, is amended
  998  to read:
  999         112.3147 Forms.—Except as otherwise provided, all
 1000  information required to be furnished by ss. 112.313, 112.3143,
 1001  112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II
 1002  of the State Constitution shall be on forms prescribed by the
 1003  Commission on Ethics.
 1004         Section 12. Paragraph (e) of subsection (2) of section
 1005  112.3148, Florida Statutes, is amended and paragraph (f) is
 1006  added to that subsection, and subsections (3) through (5) of
 1007  that section are amended, to read:
 1008         112.3148 Reporting and prohibited receipt of gifts by
 1009  individuals filing full or limited public disclosure of
 1010  financial interests and by procurement employees.—
 1011         (2) As used in this section:
 1012         (e) “Procurement employee” means any employee of an
 1013  officer, department, board, commission, or council, or agency of
 1014  the executive branch or judicial branch of state government who
 1015  has participated in the preceding 12 months participates through
 1016  decision, approval, disapproval, recommendation, preparation of
 1017  any part of a purchase request, influencing the content of any
 1018  specification or procurement standard, rendering of advice,
 1019  investigation, or auditing or in any other advisory capacity in
 1020  the procurement of contractual services or commodities as
 1021  defined in s. 287.012, if the cost of such services or
 1022  commodities exceeds or is expected to exceed $10,000 $1,000 in
 1023  any fiscal year.
 1024         (f) “Vendor” means a business entity doing business
 1025  directly with an agency, such as renting, leasing, or selling
 1026  any realty, goods, or services.
 1027         (3) A reporting individual or procurement employee is
 1028  prohibited from soliciting any gift from a vendor doing business
 1029  with the reporting individual’s or procurement employee’s agency
 1030  or from a political committee or committee of continuous
 1031  existence, as defined in s. 106.011, or from a lobbyist who
 1032  lobbies the reporting individual’s or procurement employee’s
 1033  agency, or the partner, firm, employer, or principal of such
 1034  lobbyist, where such gift is for the personal benefit of the
 1035  reporting individual or procurement employee, another reporting
 1036  individual or procurement employee, or any member of the
 1037  immediate family of a reporting individual or procurement
 1038  employee.
 1039         (4) A reporting individual or procurement employee or any
 1040  other person on his or her behalf is prohibited from knowingly
 1041  accepting, directly or indirectly, a gift from a vendor doing
 1042  business with the reporting individual’s or procurement
 1043  employee’s agency or from a political committee or committee of
 1044  continuous existence, as defined in s. 106.011, or from a
 1045  lobbyist who lobbies the reporting individual’s or procurement
 1046  employee’s agency, or directly or indirectly on behalf of the
 1047  partner, firm, employer, or principal of a lobbyist, if he or
 1048  she knows or reasonably believes that the gift has a value in
 1049  excess of $100; however, such a gift may be accepted by such
 1050  person on behalf of a governmental entity or a charitable
 1051  organization. If the gift is accepted on behalf of a
 1052  governmental entity or charitable organization, the person
 1053  receiving the gift shall not maintain custody of the gift for
 1054  any period of time beyond that reasonably necessary to arrange
 1055  for the transfer of custody and ownership of the gift.
 1056         (5)(a)  A vendor doing business with the reporting
 1057  individual’s or procurement employee’s agency A political
 1058  committee or a committee of continuous existence, as defined in
 1059  s. 106.011; a lobbyist who lobbies a reporting individual’s or
 1060  procurement employee’s agency; the partner, firm, employer, or
 1061  principal of a lobbyist; or another on behalf of the lobbyist or
 1062  partner, firm, principal, or employer of the lobbyist is
 1063  prohibited from giving, either directly or indirectly, a gift
 1064  that has a value in excess of $100 to the reporting individual
 1065  or procurement employee or any other person on his or her
 1066  behalf; however, such person may give a gift having a value in
 1067  excess of $100 to a reporting individual or procurement employee
 1068  if the gift is intended to be transferred to a governmental
 1069  entity or a charitable organization.
 1070         (b) However, a person who is regulated by this subsection,
 1071  who is not regulated by subsection (6), and who makes, or
 1072  directs another to make, an individual gift having a value in
 1073  excess of $25, but not in excess of $100, other than a gift that
 1074  the donor knows will be accepted on behalf of a governmental
 1075  entity or charitable organization, must file a report on the
 1076  last day of each calendar quarter for the previous calendar
 1077  quarter in which a reportable gift is made. The report shall be
 1078  filed with the Commission on Ethics, except with respect to
 1079  gifts to reporting individuals of the legislative branch, in
 1080  which case the report shall be filed with the Office of
 1081  Legislative Services. The report must contain a description of
 1082  each gift, the monetary value thereof, the name and address of
 1083  the person making such gift, the name and address of the
 1084  recipient of the gift, and the date such gift is given. In
 1085  addition, if a gift is made which requires the filing of a
 1086  report under this subsection, the donor must notify the intended
 1087  recipient at the time the gift is made that the donor, or
 1088  another on his or her behalf, will report the gift under this
 1089  subsection. Under this paragraph, a gift need not be reported by
 1090  more than one person or entity.
 1091         Section 13. Section 112.31485, Florida Statutes, is created
 1092  to read:
 1093         112.31485Prohibition on gifts involving political
 1094  committees and committees of continuous existence.—
 1095         (1)(a) For purposes of this section, the term “gift” means
 1096  any purchase, payment, distribution, loan, advance, transfer of
 1097  funds, or disbursement of money or anything of value that is not
 1098  primarily related to contributions, expenditures, or other
 1099  political activities authorized pursuant to chapter 106.
 1100         (b) For purposes of this section, the term “immediate
 1101  family” means any parent, spouse, child, or sibling.
 1102         (2)(a) A reporting individual or procurement employee or a
 1103  member of his or her immediate family is prohibited from
 1104  soliciting or knowingly accepting, directly or indirectly, any
 1105  gift from a political committee or committee of continuous
 1106  existence.
 1107         (b) A political committee or committee of continuous
 1108  existence is prohibited from giving, directly or indirectly, any
 1109  gift to a reporting individual or procurement employee or a
 1110  member of his or her immediate family.
 1111         (3) Any person who violates this section is subject to a
 1112  civil penalty equal to three times the amount of the gift. Such
 1113  penalty is in addition to the penalties provided in s. 112.317
 1114  and shall be paid to the General Revenue Fund of the state. A
 1115  reporting individual or procurement employee or a member of his
 1116  or her immediate family who violates this section is personally
 1117  liable for payment of the treble penalty. Any agent or person
 1118  acting on behalf of a political committee or committee of
 1119  continuous existence who gives a prohibited gift is personally
 1120  liable for payment of the treble penalty.
 1121         Section 14. Paragraph (e) of subsection (1) of section
 1122  112.3149, Florida Statutes, is amended, and paragraph (f) is
 1123  added to that subsection, and subsections (3) and (4) of that
 1124  section are amended, to read:
 1125         112.3149 Solicitation and disclosure of honoraria.—
 1126         (1) As used in this section:
 1127         (e) “Procurement employee” means any employee of an
 1128  officer, department, board, commission, or council, or agency of
 1129  the executive branch or judicial branch of state government who
 1130  has participated in the preceding 12 months participates through
 1131  decision, approval, disapproval, recommendation, preparation of
 1132  any part of a purchase request, influencing the content of any
 1133  specification or procurement standard, rendering of advice,
 1134  investigation, or auditing or in any other advisory capacity in
 1135  the procurement of contractual services or commodities as
 1136  defined in s. 287.012, if the cost of such services or
 1137  commodities exceeds $10,000 $1,000 in any fiscal year.
 1138         (f) “Vendor” means a business entity doing business
 1139  directly with an agency, such as renting, leasing, or selling
 1140  any realty, goods, or services.
 1141         (3) A reporting individual or procurement employee is
 1142  prohibited from knowingly accepting an honorarium from a
 1143  political committee or committee of continuous existence, as
 1144  defined in s. 106.011, from a vendor doing business with the
 1145  reporting individual’s or procurement employee’s agency, from a
 1146  lobbyist who lobbies the reporting individual’s or procurement
 1147  employee’s agency, or from the employer, principal, partner, or
 1148  firm of such a lobbyist.
 1149         (4) A political committee or committee of continuous
 1150  existence, as defined in s. 106.011, a vendor doing business
 1151  with the reporting individual’s or procurement employee’s
 1152  agency, a lobbyist who lobbies a reporting individual’s or
 1153  procurement employee’s agency, or the employer, principal,
 1154  partner, or firm of such a lobbyist is prohibited from giving an
 1155  honorarium to a reporting individual or procurement employee.
 1156         Section 15. Section 112.317, Florida Statutes, is amended
 1157  to read:
 1158         112.317 Penalties.—
 1159         (1) Any violation of any provision of this part, including,
 1160  but not limited to, any failure to file any disclosures required
 1161  by this part or violation of any standard of conduct imposed by
 1162  this part, or any violation of any provision of s. 8, Art. II of
 1163  the State Constitution, in addition to any criminal penalty or
 1164  other civil penalty involved, shall, under applicable
 1165  constitutional and statutory procedures, constitutes constitute
 1166  grounds for, and may be punished by, one or more of the
 1167  following:
 1168         (a) In the case of a public officer:
 1169         1. Impeachment.
 1170         2. Removal from office.
 1171         3. Suspension from office.
 1172         4. Public censure and reprimand.
 1173         5. Forfeiture of no more than one-third of his or her
 1174  salary per month for no more than 12 months.
 1175         6. A civil penalty not to exceed $10,000.
 1176         7. Restitution of any pecuniary benefits received because
 1177  of the violation committed. The commission may recommend that
 1178  the restitution penalty be paid to the agency of which the
 1179  public officer was a member or to the General Revenue Fund.
 1180         (b) In the case of an employee or a person designated as a
 1181  public officer by this part who otherwise would be deemed to be
 1182  an employee:
 1183         1. Dismissal from employment.
 1184         2. Suspension from employment for not more than 90 days
 1185  without pay.
 1186         3. Demotion.
 1187         4. Reduction in his or her salary level.
 1188         5. Forfeiture of no more than one-third salary per month
 1189  for no more than 12 months.
 1190         6. A civil penalty not to exceed $10,000.
 1191         7. Restitution of any pecuniary benefits received because
 1192  of the violation committed. The commission may recommend that
 1193  the restitution penalty be paid to the agency by which the
 1194  public employee was employed, or of which the officer was deemed
 1195  to be an employee, or to the General Revenue Fund.
 1196         8. Public censure and reprimand.
 1197         (c) In the case of a candidate who violates the provisions
 1198  of this part or s. 8(a) and (i), Art. II of the State
 1199  Constitution:
 1200         1. Disqualification from being on the ballot.
 1201         2. Public censure.
 1202         3. Reprimand.
 1203         4. A civil penalty not to exceed $10,000.
 1204         (d) In the case of a former public officer or employee who
 1205  has violated a provision applicable to former officers or
 1206  employees or whose violation occurred before the officer’s or
 1207  employee’s leaving public office or employment:
 1208         1. Public censure and reprimand.
 1209         2. A civil penalty not to exceed $10,000.
 1210         3. Restitution of any pecuniary benefits received because
 1211  of the violation committed. The commission may recommend that
 1212  the restitution penalty be paid to the agency of the public
 1213  officer or employee or to the General Revenue Fund.
 1214         (e) In the case of a person who is subject to the standards
 1215  of this part, other than a lobbyist or lobbying firm under s.
 1216  112.3215 for a violation of s. 112.3215, but who is not a public
 1217  officer or employee:
 1218         1. Public censure and reprimand.
 1219         2. A civil penalty not to exceed $10,000.
 1220         3. Restitution of any pecuniary benefits received because
 1221  of the violation committed. The commission may recommend that
 1222  the restitution penalty be paid to the agency of the person or
 1223  to the General Revenue Fund.
 1224         (2) In any case in which the commission finds a violation
 1225  of this part or of s. 8, Art. II of the State Constitution and
 1226  the proper disciplinary official or body under s. 112.324
 1227  imposes a civil penalty or restitution penalty, the Attorney
 1228  General shall bring a civil action to recover such penalty. No
 1229  defense may be raised in the civil action to enforce the civil
 1230  penalty or order of restitution that could have been raised by
 1231  judicial review of the administrative findings and
 1232  recommendations of the commission by certiorari to the district
 1233  court of appeal. The Attorney General shall collect any costs,
 1234  attorney’s fees, expert witness fees, or other costs of
 1235  collection incurred in bringing the action.
 1236         (3) The penalties prescribed in this part shall not be
 1237  construed to limit or to conflict with:
 1238         (a) The power of either house of the Legislature to
 1239  discipline its own members or impeach a public officer.
 1240         (b) The power of agencies to discipline officers or
 1241  employees.
 1242         (4) Any violation of this part or of s. 8, Art. II of the
 1243  State Constitution by a public officer constitutes shall
 1244  constitute malfeasance, misfeasance, or neglect of duty in
 1245  office within the meaning of s. 7, Art. IV of the State
 1246  Constitution.
 1247         (5) By order of the Governor, upon recommendation of the
 1248  commission, any elected municipal officer who violates any
 1249  provision of this part or of s. 8, Art. II of the State
 1250  Constitution may be suspended from office and the office filled
 1251  by appointment for the period of suspension. The suspended
 1252  officer may at any time before removal be reinstated by the
 1253  Governor. The Senate may, in proceedings prescribed by law,
 1254  remove from office, or reinstate, the suspended official, and
 1255  for such purpose the Senate may be convened in special session
 1256  by its President or by a majority of its membership.
 1257         (6) In any case in which the commission finds probable
 1258  cause to believe that a complainant has committed perjury in
 1259  regard to any document filed with, or any testimony given
 1260  before, the commission, it shall refer such evidence to the
 1261  appropriate law enforcement agency for prosecution and taxation
 1262  of costs.
 1263         (7) In any case in which the commission determines that a
 1264  person has filed a complaint against a public officer or
 1265  employee with a malicious intent to injure the reputation of
 1266  such officer or employee by filing the complaint with knowledge
 1267  that the complaint contains one or more false allegations or
 1268  with reckless disregard for whether the complaint contains false
 1269  allegations of fact material to a violation of this part, the
 1270  complainant shall be liable for costs plus reasonable attorney
 1271  attorney’s fees incurred in the defense of the person complained
 1272  against, including the costs and reasonable attorney attorney’s
 1273  fees incurred in proving entitlement to and the amount of costs
 1274  and fees. If the complainant fails to pay such costs and fees
 1275  voluntarily within 30 days following such finding by the
 1276  commission, the commission shall forward such information to the
 1277  Department of Legal Affairs, which shall bring a civil action in
 1278  a court of competent jurisdiction to recover the amount of such
 1279  costs and fees awarded by the commission.
 1280         Section 16. Paragraphs (a) and (c) of subsection (8) and
 1281  subsection (10) of section 112.3215, Florida Statutes, are
 1282  amended, present subsections (11) through (14) are renumbered as
 1283  (12) through (15), respectively, and a new subsection (11) is
 1284  added to that section to read:
 1285         112.3215 Lobbying before the executive branch or the
 1286  Constitution Revision Commission; registration and reporting;
 1287  investigation by commission.—
 1288         (8)(a) The commission shall investigate every sworn
 1289  complaint that is filed with it alleging that a person covered
 1290  by this section has failed to register, has failed to submit a
 1291  compensation report, has made a prohibited expenditure, or has
 1292  knowingly submitted false information in any report or
 1293  registration required in this section.
 1294         (c) The commission shall investigate any lobbying firm,
 1295  lobbyist, principal, agency, officer, or employee upon receipt
 1296  of information from a sworn complaint or from a random audit of
 1297  lobbying reports indicating a possible violation other than a
 1298  late-filed report.
 1299         (10) If the Governor and Cabinet finds that a violation
 1300  occurred, it may reprimand the violator, censure the violator,
 1301  or prohibit the violator from lobbying all agencies for a period
 1302  not to exceed 2 years. If the violator is a lobbying firm,
 1303  lobbyist, or principal, the Governor and Cabinet may also assess
 1304  a fine of not more than $5,000 to be deposited in the Executive
 1305  Branch Lobby Registration Trust Fund.
 1306         (11) Any person who is required to be registered or to
 1307  provide information under this section or under rules adopted
 1308  pursuant to this section and who knowingly fails to disclose any
 1309  material fact that is required by this section or by rules
 1310  adopted pursuant to this section, or who knowingly provides
 1311  false information on any report required by this section or by
 1312  rules adopted pursuant to this section, commits a noncriminal
 1313  infraction, punishable by a fine not to exceed $5,000. Such
 1314  penalty is in addition to any other penalty assessed by the
 1315  Governor and Cabinet pursuant to subsection (10).
 1316         Section 17. Section 112.324, Florida Statutes, is amended
 1317  to read:
 1318         112.324 Procedures on complaints of violations and
 1319  referrals; public records and meeting exemptions.—
 1320         (1) Upon a written complaint executed on a form prescribed
 1321  by the commission and signed under oath or affirmation by any
 1322  person, The commission shall investigate an any alleged
 1323  violation of this part or any other alleged breach of the public
 1324  trust within the jurisdiction of the commission as provided in
 1325  s. 8(f), Art. II of the State Constitution: in accordance with
 1326  procedures set forth herein.
 1327         (a) Upon a written complaint executed on a form prescribed
 1328  by the commission and signed under oath of affirmation by any
 1329  person; or
 1330         (b) Upon receipt of a written referral of a possible
 1331  violation of this part or other possible breach of the public
 1332  trust from the Governor, the Department of Law Enforcement, a
 1333  state attorney, or a United States Attorney which at least six
 1334  members of the commission determine is sufficient to indicate a
 1335  violation of this part or any other breach of the public trust.
 1336  
 1337  Within 5 days after receipt of a complaint by the commission or
 1338  a determination by at least six members of the commission that
 1339  the referral received is deemed sufficient, a copy shall be
 1340  transmitted to the alleged violator.
 1341         (2)(a) The complaint and records relating to the complaint
 1342  or to any preliminary investigation held by the commission or
 1343  its agents, by a Commission on Ethics and Public Trust
 1344  established by any county defined in s. 125.011(1) or by any
 1345  municipality defined in s. 165.031, or by any county or
 1346  municipality that has established a local investigatory process
 1347  to enforce more stringent standards of conduct and disclosure
 1348  requirements as provided in s. 112.326 are confidential and
 1349  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1350  of the State Constitution.
 1351         (b) Any proceeding conducted by the commission, a
 1352  Commission on Ethics and Public Trust, or a county or
 1353  municipality that has established such local investigatory
 1354  process, pursuant to a complaint or preliminary investigation,
 1355  is exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1356  the State Constitution, and s. 120.525.
 1357         (c) The exemptions in paragraphs (a) and (b) apply until
 1358  the complaint is dismissed as legally insufficient, until the
 1359  alleged violator requests in writing that such records and
 1360  proceedings be made public, or until the commission, a
 1361  Commission on Ethics and Public Trust, or a county or
 1362  municipality that has established such local investigatory
 1363  process determines, based on such investigation, whether
 1364  probable cause exists to believe that a violation has occurred.
 1365  In no event shall A complaint or referral under this part
 1366  against a candidate in any general, special, or primary election
 1367  may not be filed nor may or any intention of filing such a
 1368  complaint or referral be disclosed on the day of any such
 1369  election or within the 30 5 days immediately preceding the date
 1370  of the election, unless the complaint or referral is based upon
 1371  personal information or information other than hearsay.
 1372         (d) This subsection is subject to the Open Government
 1373  Sunset Review Act in accordance with s. 119.15 and shall stand
 1374  repealed on October 2, 2015, unless reviewed and saved from
 1375  repeal through reenactment by the Legislature.
 1376         (3) A preliminary investigation shall be undertaken by the
 1377  commission of each legally sufficient complaint or referral over
 1378  which the commission has jurisdiction to determine whether there
 1379  is probable cause to believe that a violation has occurred. If,
 1380  upon completion of the preliminary investigation, the commission
 1381  finds no probable cause to believe that this part has been
 1382  violated or that any other breach of the public trust has been
 1383  committed, the commission shall dismiss the complaint or
 1384  referral with the issuance of a public report to the complainant
 1385  and the alleged violator, stating with particularity its reasons
 1386  for dismissal of the complaint. At that time, the complaint or
 1387  referral and all materials relating to the complaint or referral
 1388  shall become a matter of public record. If the commission finds
 1389  from the preliminary investigation probable cause to believe
 1390  that this part has been violated or that any other breach of the
 1391  public trust has been committed, it shall so notify the
 1392  complainant and the alleged violator in writing. Such
 1393  notification and all documents made or received in the
 1394  disposition of the complaint or referral shall then become
 1395  public records. Upon request submitted to the commission in
 1396  writing, any person who the commission finds probable cause to
 1397  believe has violated any provision of this part or has committed
 1398  any other breach of the public trust shall be entitled to a
 1399  public hearing. Such person shall be deemed to have waived the
 1400  right to a public hearing if the request is not received within
 1401  14 days following the mailing of the probable cause notification
 1402  required by this subsection. However, the commission may on its
 1403  own motion, require a public hearing, may conduct such further
 1404  investigation as it deems necessary, and may enter into such
 1405  stipulations and settlements as it finds to be just and in the
 1406  best interest of the state. The commission is without
 1407  jurisdiction to, and no respondent may voluntarily or
 1408  involuntarily, enter into a stipulation or settlement which
 1409  imposes any penalty, including, but not limited to, a sanction
 1410  or admonition or any other penalty contained in s. 112.317.
 1411  Penalties shall be imposed only by the appropriate disciplinary
 1412  authority as designated in this section.
 1413         (4) If, in cases pertaining to members of the Legislature,
 1414  upon completion of a full and final investigation by the
 1415  commission, the commission finds that there has been a violation
 1416  of this part or of any provision of s. 8, Art. II of the State
 1417  Constitution, the commission shall forward a copy of the
 1418  complaint or referral and its findings by certified mail to the
 1419  President of the Senate or the Speaker of the House of
 1420  Representatives, whichever is applicable, who shall refer the
 1421  complaint or referral to the appropriate committee for
 1422  investigation and action which shall be governed by the rules of
 1423  its respective house. It is shall be the duty of the committee
 1424  to report its final action upon the matter complaint to the
 1425  commission within 90 days of the date of transmittal to the
 1426  respective house. Upon request of the committee, the commission
 1427  shall submit a recommendation as to what penalty, if any, should
 1428  be imposed. In the case of a member of the Legislature, the
 1429  house in which the member serves has shall have the power to
 1430  invoke the penalty provisions of this part.
 1431         (5) If, in cases pertaining to complaints against
 1432  impeachable officers, upon completion of a full and final
 1433  investigation by the commission, the commission finds that there
 1434  has been a violation of this part or of any provision of s. 8,
 1435  Art. II of the State Constitution, and the commission finds that
 1436  the violation may constitute grounds for impeachment, the
 1437  commission shall forward a copy of the complaint or referral and
 1438  its findings by certified mail to the Speaker of the House of
 1439  Representatives, who shall refer the complaint or referral to
 1440  the appropriate committee for investigation and action which
 1441  shall be governed by the rules of the House of Representatives.
 1442  It is shall be the duty of the committee to report its final
 1443  action upon the matter complaint to the commission within 90
 1444  days of the date of transmittal.
 1445         (6) If the commission finds that there has been a violation
 1446  of this part or of any provision of s. 8, Art. II of the State
 1447  Constitution by an impeachable officer other than the Governor,
 1448  and the commission recommends public censure and reprimand,
 1449  forfeiture of a portion of the officer’s salary, a civil
 1450  penalty, or restitution, the commission shall report its
 1451  findings and recommendation of disciplinary action to the
 1452  Governor, who has shall have the power to invoke the penalty
 1453  provisions of this part.
 1454         (7) If the commission finds that there has been a violation
 1455  of this part or of any provision of s. 8, Art. II of the State
 1456  Constitution by the Governor, and the commission recommends
 1457  public censure and reprimand, forfeiture of a portion of the
 1458  Governor’s salary, a civil penalty, or restitution, the
 1459  commission shall report its findings and recommendation of
 1460  disciplinary action to the Attorney General, who shall have the
 1461  power to invoke the penalty provisions of this part.
 1462         (8) If, in cases pertaining to complaints other than
 1463  complaints or referrals against impeachable officers or members
 1464  of the Legislature, upon completion of a full and final
 1465  investigation by the commission, the commission finds that there
 1466  has been a violation of this part or of s. 8, Art. II of the
 1467  State Constitution, it is shall be the duty of the commission to
 1468  report its findings and recommend appropriate action to the
 1469  proper disciplinary official or body as follows, and such
 1470  official or body has shall have the power to invoke the penalty
 1471  provisions of this part, including the power to order the
 1472  appropriate elections official to remove a candidate from the
 1473  ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art.
 1474  II of the State Constitution:
 1475         (a) The President of the Senate and the Speaker of the
 1476  House of Representatives, jointly, in any case concerning the
 1477  Public Counsel, members of the Public Service Commission,
 1478  members of the Public Service Commission Nominating Council, the
 1479  Auditor General, or the director of the Office of Program Policy
 1480  Analysis and Government Accountability.
 1481         (b) The Supreme Court, in any case concerning an employee
 1482  of the judicial branch.
 1483         (c) The President of the Senate, in any case concerning an
 1484  employee of the Senate; the Speaker of the House of
 1485  Representatives, in any case concerning an employee of the House
 1486  of Representatives; or the President and the Speaker, jointly,
 1487  in any case concerning an employee of a committee of the
 1488  Legislature whose members are appointed solely by the President
 1489  and the Speaker or in any case concerning an employee of the
 1490  Public Counsel, Public Service Commission, Auditor General, or
 1491  Office of Program Policy Analysis and Government Accountability.
 1492         (d) Except as otherwise provided by this part, the
 1493  Governor, in the case of any other public officer, public
 1494  employee, former public officer or public employee, candidate or
 1495  former candidate, or person who is not a public officer or
 1496  employee, other than lobbyists and lobbying firms under s.
 1497  112.3215 for violations of s. 112.3215.
 1498         (e) The President of the Senate or the Speaker of the House
 1499  of Representatives, whichever is applicable, in any case
 1500  concerning a former member of the Legislature who has violated a
 1501  provision applicable to former members or whose violation
 1502  occurred while a member of the Legislature.
 1503         (9) In addition to reporting its findings to the proper
 1504  disciplinary body or official, the commission shall report these
 1505  findings to the state attorney or any other appropriate official
 1506  or agency having authority to initiate prosecution when
 1507  violation of criminal law is indicated.
 1508         (10) Notwithstanding the foregoing procedures of this
 1509  section, a sworn complaint against any member or employee of the
 1510  Commission on Ethics for violation of this part or of s. 8, Art.
 1511  II of the State Constitution shall be filed with the President
 1512  of the Senate and the Speaker of the House of Representatives.
 1513  Each presiding officer shall, after determining that there are
 1514  sufficient grounds for review, appoint three members of their
 1515  respective bodies to a special joint committee who shall
 1516  investigate the complaint. The members shall elect a chair from
 1517  among their number. If the special joint committee finds
 1518  insufficient evidence to establish probable cause to believe a
 1519  violation of this part or of s. 8, Art. II of the State
 1520  Constitution has occurred, it shall dismiss the complaint. If,
 1521  upon completion of its preliminary investigation, the committee
 1522  finds sufficient evidence to establish probable cause to believe
 1523  a violation has occurred, the chair thereof shall transmit such
 1524  findings to the Governor who shall convene a meeting of the
 1525  Governor, the President of the Senate, the Speaker of the House
 1526  of Representatives, and the Chief Justice of the Supreme Court
 1527  to take such final action on the complaint as they shall deem
 1528  appropriate, consistent with the penalty provisions of this
 1529  part. Upon request of a majority of the Governor, the President
 1530  of the Senate, the Speaker of the House of Representatives, and
 1531  the Chief Justice of the Supreme Court, the special joint
 1532  committee shall submit a recommendation as to what penalty, if
 1533  any, should be imposed.
 1534         (11)(a) Notwithstanding subsections (1)-(8), the commission
 1535  shall dismiss any complaint or referral at any stage of
 1536  disposition should it determine that the violation that is
 1537  alleged or has occurred is a de minimis violation attributable
 1538  to inadvertent or unintentional error. In determining whether a
 1539  violation was de minimis, the commission shall consider whether
 1540  the interests of the public were protected despite the
 1541  violation. This subsection does not apply to complaints or
 1542  referrals pursuant to ss. 112.3144 and 112.3145.
 1543         (b) For the purposes of this subsection, a de minimis
 1544  violation is any violation that is unintentional and not
 1545  material in nature.
 1546         (12)(11) Notwithstanding the provisions of subsections (1)
 1547  (8), the commission may, at its discretion, dismiss any
 1548  complaint or referral at any stage of disposition should it
 1549  determine that the public interest would not be served by
 1550  proceeding further, in which case the commission shall issue a
 1551  public report stating with particularity its reasons for the
 1552  dismissal.
 1553         Section 18. For the purpose of incorporating the amendment
 1554  made by this act to section 112.3143, Florida Statutes, in a
 1555  reference thereto, subsection (1) of section 120.665, Florida
 1556  Statutes, is reenacted to read:
 1557         120.665 Disqualification of agency personnel.—
 1558         (1) Notwithstanding the provisions of s. 112.3143, any
 1559  individual serving alone or with others as an agency head may be
 1560  disqualified from serving in an agency proceeding for bias,
 1561  prejudice, or interest when any party to the agency proceeding
 1562  shows just cause by a suggestion filed within a reasonable
 1563  period of time prior to the agency proceeding. If the
 1564  disqualified individual was appointed, the appointing power may
 1565  appoint a substitute to serve in the matter from which the
 1566  individual is disqualified. If the individual is an elected
 1567  official, the Governor may appoint a substitute to serve in the
 1568  matter from which the individual is disqualified. However, if a
 1569  quorum remains after the individual is disqualified, it shall
 1570  not be necessary to appoint a substitute.
 1571         Section 19. For the purpose of incorporating the amendment
 1572  made by this act to section 112.3143, Florida Statutes, in a
 1573  reference thereto, section 286.012, Florida Statutes, is
 1574  reenacted to read:
 1575         286.012 Voting requirement at meetings of governmental
 1576  bodies.—No member of any state, county, or municipal
 1577  governmental board, commission, or agency who is present at any
 1578  meeting of any such body at which an official decision, ruling,
 1579  or other official act is to be taken or adopted may abstain from
 1580  voting in regard to any such decision, ruling, or act; and a
 1581  vote shall be recorded or counted for each such member present,
 1582  except when, with respect to any such member, there is, or
 1583  appears to be, a possible conflict of interest under the
 1584  provisions of s. 112.311, s. 112.313, or s. 112.3143. In such
 1585  cases, said member shall comply with the disclosure requirements
 1586  of s. 112.3143.
 1587         Section 20. For the purpose of incorporating the amendment
 1588  made by this act to section 112.324, Florida Statutes, in a
 1589  reference thereto, section 287.175, Florida Statutes, is
 1590  reenacted to read:
 1591         287.175 Penalties.—A violation of this part or a rule
 1592  adopted hereunder, pursuant to applicable constitutional and
 1593  statutory procedures, constitutes misuse of public position as
 1594  defined in s. 112.313(6), and is punishable as provided in s.
 1595  112.317. The Chief Financial Officer shall report incidents of
 1596  suspected misuse to the Commission on Ethics, and the commission
 1597  shall investigate possible violations of this part or rules
 1598  adopted hereunder when reported by the Chief Financial Officer,
 1599  notwithstanding the provisions of s. 112.324. Any violation of
 1600  this part or a rule adopted hereunder shall be presumed to have
 1601  been committed with wrongful intent, but such presumption is
 1602  rebuttable. Nothing in this section is intended to deny rights
 1603  provided to career service employees by s. 110.227.
 1604         Section 21. Paragraph (c) of subsection (1) of section
 1605  288.901, Florida Statutes, is amended to read:
 1606         288.901 Enterprise Florida, Inc.—
 1607         (1) CREATION.—
 1608         (c) The Legislature determines that it is in the public
 1609  interest for the members of Enterprise Florida, Inc., board of
 1610  directors to be subject to the requirements of ss. 112.3135,
 1611  112.3143(2) 112.3143, and 112.313, excluding s. 112.313(2),
 1612  notwithstanding the fact that the board members are not public
 1613  officers or employees. For purposes of those sections, the board
 1614  members shall be considered to be public officers or employees.
 1615  The exemption set forth in s. 112.313(12) for advisory boards
 1616  applies to the members of Enterprise Florida, Inc., board of
 1617  directors. Further, each member of the board of directors who is
 1618  not otherwise required to file financial disclosures pursuant to
 1619  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1620  file disclosure of financial interests pursuant to s. 112.3145.
 1621         Section 22. Subsection (1) of section 445.007, Florida
 1622  Statutes, is reenacted for the purpose of incorporating the
 1623  amendment made by this act to section 112.3143, Florida
 1624  Statutes, in a reference thereto, and subsection (11) of that
 1625  section is amended, to read:
 1626         445.007 Regional workforce boards.—
 1627         (1) One regional workforce board shall be appointed in each
 1628  designated service delivery area and shall serve as the local
 1629  workforce investment board pursuant to Pub. L. No. 105-220. The
 1630  membership of the board shall be consistent with Pub. L. No.
 1631  105-220, Title I, s. 117(b) but may not exceed the minimum
 1632  membership required in Pub. L. No. 105-220, Title I, s.
 1633  117(b)(2)(A) and in this subsection. Upon approval by the
 1634  Governor, the chief elected official may appoint additional
 1635  members above the limit set by this subsection. If a public
 1636  education or training provider is represented on the board, a
 1637  representative of a private nonprofit provider and a
 1638  representative of a private for-profit provider must also be
 1639  appointed to the board. The board shall include one nonvoting
 1640  representative from a military installation if a military
 1641  installation is located within the region and the appropriate
 1642  military command or organization authorizes such representation.
 1643  It is the intent of the Legislature that membership of a
 1644  regional workforce board include persons who are current or
 1645  former recipients of welfare transition assistance as defined in
 1646  s. 445.002(2) or workforce services as provided in s. 445.009(1)
 1647  or that such persons be included as ex officio members of the
 1648  board or of committees organized by the board. The importance of
 1649  minority and gender representation shall be considered when
 1650  making appointments to the board. The board, its committees,
 1651  subcommittees, and subdivisions, and other units of the
 1652  workforce system, including units that may consist in whole or
 1653  in part of local governmental units, may use any method of
 1654  telecommunications to conduct meetings, including establishing a
 1655  quorum through telecommunications, provided that the public is
 1656  given proper notice of the telecommunications meeting and
 1657  reasonable access to observe and, when appropriate, participate.
 1658  Regional workforce boards are subject to chapters 119 and 286
 1659  and s. 24, Art. I of the State Constitution. If the regional
 1660  workforce board enters into a contract with an organization or
 1661  individual represented on the board of directors, the contract
 1662  must be approved by a two-thirds vote of the board, a quorum
 1663  having been established, and the board member who could benefit
 1664  financially from the transaction must abstain from voting on the
 1665  contract. A board member must disclose any such conflict in a
 1666  manner that is consistent with the procedures outlined in s.
 1667  112.3143. Each member of a regional workforce board who is not
 1668  otherwise required to file a full and public disclosure of
 1669  financial interests pursuant to s. 8, Art. II of the State
 1670  Constitution or s. 112.3144 shall file a statement of financial
 1671  interests pursuant to s. 112.3145. The executive director or
 1672  designated person responsible for the operational and
 1673  administrative functions of the regional workforce board who is
 1674  not otherwise required to file a full and public disclosure of
 1675  financial interests pursuant to s. 8, Art. II of the State
 1676  Constitution or s. 112.3144 shall file a statement of financial
 1677  interests pursuant to s. 112.3145.
 1678         (11) To increase transparency and accountability, a
 1679  regional workforce board must comply with the requirements of
 1680  this section before contracting with a member of the board or a
 1681  relative, as defined in s. 112.3143(1)(c) 112.3143(1)(b), of a
 1682  board member or of an employee of the board. Such contracts may
 1683  not be executed before or without the approval of Workforce
 1684  Florida, Inc. Such contracts, as well as documentation
 1685  demonstrating adherence to this section as specified by
 1686  Workforce Florida, Inc., must be submitted to the Department of
 1687  Economic Opportunity for review and recommendation according to
 1688  criteria to be determined by Workforce Florida, Inc. Such a
 1689  contract must be approved by a two-thirds vote of the board, a
 1690  quorum having been established; all conflicts of interest must
 1691  be disclosed before the vote; and any member who may benefit
 1692  from the contract, or whose relative may benefit from the
 1693  contract, must abstain from the vote. A contract under $25,000
 1694  between a regional workforce board and a member of that board or
 1695  between a relative, as defined in s. 112.3143(1)(c)
 1696  112.3143(1)(b), of a board member or of an employee of the board
 1697  is not required to have the prior approval of Workforce Florida,
 1698  Inc., but must be approved by a two-thirds vote of the board, a
 1699  quorum having been established, and must be reported to the
 1700  Department of Economic Opportunity and Workforce Florida, Inc.,
 1701  within 30 days after approval. If a contract cannot be approved
 1702  by Workforce Florida, Inc., a review of the decision to
 1703  disapprove the contract may be requested by the regional
 1704  workforce board or other parties to the disapproved contract.
 1705         Section 23. For the purpose of incorporating the amendment
 1706  made by this act to section 112.3143, Florida Statutes, in a
 1707  reference thereto, paragraph (m) of subsection (5) of section
 1708  627.311, Florida Statutes, is reenacted to read:
 1709         627.311 Joint underwriters and joint reinsurers; public
 1710  records and public meetings exemptions.—
 1711         (5)
 1712         (m) Senior managers and officers, as defined in the plan of
 1713  operation, and members of the board of governors are subject to
 1714  the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
 1715  112.316, and 112.317. Senior managers, officers, and board
 1716  members are also required to file such disclosures with the
 1717  Commission on Ethics and the Office of Insurance Regulation. The
 1718  executive director of the plan or his or her designee shall
 1719  notify each newly appointed and existing appointed member of the
 1720  board of governors, senior manager, and officer of his or her
 1721  duty to comply with the reporting requirements of s. 112.3145.
 1722  At least quarterly, the executive director of the plan or his or
 1723  her designee shall submit to the Commission on Ethics a list of
 1724  names of the senior managers, officers, and members of the board
 1725  of governors who are subject to the public disclosure
 1726  requirements under s. 112.3145. Notwithstanding s. 112.313, an
 1727  employee, officer, owner, or director of an insurance agency,
 1728  insurance company, or other insurance entity may be a member of
 1729  the board of governors unless such employee, officer, owner, or
 1730  director of an insurance agency, insurance company, other
 1731  insurance entity, or an affiliate provides policy issuance,
 1732  policy administration, underwriting, claims handling, or payroll
 1733  audit services. Notwithstanding s. 112.3143, such board member
 1734  may not participate in or vote on a matter if the insurance
 1735  agency, insurance company, or other insurance entity would
 1736  obtain a special or unique benefit that would not apply to other
 1737  similarly situated insurance entities.
 1738         Section 24. For the purpose of incorporating the amendment
 1739  made to this act to section 112.3143, Florida Statutes, in a
 1740  reference thereto, paragraph (d) of subsection (6) of section
 1741  627.351, Florida Statutes, is reenacted to read:
 1742         627.351 Insurance risk apportionment plans.—
 1743         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 1744         (d)1. All prospective employees for senior management
 1745  positions, as defined by the plan of operation, are subject to
 1746  background checks as a prerequisite for employment. The office
 1747  shall conduct the background checks pursuant to ss. 624.34,
 1748  624.404(3), and 628.261.
 1749         2. On or before July 1 of each year, employees of the
 1750  corporation must sign and submit a statement attesting that they
 1751  do not have a conflict of interest, as defined in part III of
 1752  chapter 112. As a condition of employment, all prospective
 1753  employees must sign and submit to the corporation a conflict-of
 1754  interest statement.
 1755         3. Senior managers and members of the board of governors
 1756  are subject to part III of chapter 112, including, but not
 1757  limited to, the code of ethics and public disclosure and
 1758  reporting of financial interests, pursuant to s. 112.3145.
 1759  Notwithstanding s. 112.3143(2), a board member may not vote on
 1760  any measure that would inure to his or her special private gain
 1761  or loss; that he or she knows would inure to the special private
 1762  gain or loss of any principal by whom he or she is retained or
 1763  to the parent organization or subsidiary of a corporate
 1764  principal by which he or she is retained, other than an agency
 1765  as defined in s. 112.312; or that he or she knows would inure to
 1766  the special private gain or loss of a relative or business
 1767  associate of the public officer. Before the vote is taken, such
 1768  member shall publicly state to the assembly the nature of his or
 1769  her interest in the matter from which he or she is abstaining
 1770  from voting and, within 15 days after the vote occurs, disclose
 1771  the nature of his or her interest as a public record in a
 1772  memorandum filed with the person responsible for recording the
 1773  minutes of the meeting, who shall incorporate the memorandum in
 1774  the minutes. Senior managers and board members are also required
 1775  to file such disclosures with the Commission on Ethics and the
 1776  Office of Insurance Regulation. The executive director of the
 1777  corporation or his or her designee shall notify each existing
 1778  and newly appointed member of the board of governors and senior
 1779  managers of their duty to comply with the reporting requirements
 1780  of part III of chapter 112. At least quarterly, the executive
 1781  director or his or her designee shall submit to the Commission
 1782  on Ethics a list of names of the senior managers and members of
 1783  the board of governors who are subject to the public disclosure
 1784  requirements under s. 112.3145.
 1785         4. Notwithstanding s. 112.3148 or s. 112.3149, or any other
 1786  provision of law, an employee or board member may not knowingly
 1787  accept, directly or indirectly, any gift or expenditure from a
 1788  person or entity, or an employee or representative of such
 1789  person or entity, which has a contractual relationship with the
 1790  corporation or who is under consideration for a contract. An
 1791  employee or board member who fails to comply with subparagraph
 1792  3. or this subparagraph is subject to penalties provided under
 1793  ss. 112.317 and 112.3173.
 1794         5. Any senior manager of the corporation who is employed on
 1795  or after January 1, 2007, regardless of the date of hire, who
 1796  subsequently retires or terminates employment is prohibited from
 1797  representing another person or entity before the corporation for
 1798  2 years after retirement or termination of employment from the
 1799  corporation.
 1800         6. Any senior manager of the corporation who is employed on
 1801  or after January 1, 2007, regardless of the date of hire, who
 1802  subsequently retires or terminates employment is prohibited from
 1803  having any employment or contractual relationship for 2 years
 1804  with an insurer that has entered into a take-out bonus agreement
 1805  with the corporation.
 1806         Section 25. This act shall take effect upon becoming a law.