Florida Senate - 2014                                     SB 846
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-01239B-14                                           2014846__
    1                        A bill to be entitled                      
    2         An act relating to governmental ethics; amending s.
    3         28.35, F.S.; specifying the applicability of certain
    4         provisions of the Code of Ethics for Public Officers
    5         and Employees to members of the executive council of
    6         the Florida Clerks of Court Operations Corporation;
    7         amending s. 112.3142, F.S.; requiring elected
    8         municipal officers to participate in annual ethics
    9         training; amending s. 112.3144, F.S.; requiring an
   10         officer required to participate in annual ethics
   11         training to certify participation on his or her full
   12         and public disclosure of financial interests;
   13         authorizing the Commission on Ethics to initiate an
   14         investigation and hold a public hearing without
   15         receipt of a complaint in certain circumstances;
   16         requiring the commission to enter an order
   17         recommending removal of an officer or public employee
   18         from public office or public employment in certain
   19         circumstances; prohibiting the commission from taking
   20         action on a complaint alleging certain errors or
   21         omissions on a disclosure within a specified time
   22         period; providing that failure to certify completion
   23         of annual ethics training on a disclosure does not
   24         constitute an immaterial, inconsequential, or de
   25         minimis error or omission; amending s. 112.3145, F.S.;
   26         requiring an officer required to participate in annual
   27         ethics training to certify participation on his or her
   28         statement of financial interests; authorizing the
   29         Commission on Ethics to initiate an investigation and
   30         hold a public hearing without receipt of a complaint
   31         in certain circumstances; requiring the commission to
   32         enter an order to remove an officer or public employee
   33         from public office or public employment in certain
   34         circumstances; prohibiting the commission from taking
   35         action on a complaint alleging certain errors or
   36         omissions on a statement within a specified time
   37         period; providing that failure to certify completion
   38         of annual ethics training on a statement does not
   39         constitute an immaterial, inconsequential, or de
   40         minimis error or omission; amending s. 112.31455,
   41         F.S.; authorizing the Chief Financial Officer or
   42         governing body to withhold the entire amount of a fine
   43         owed and related administrative costs from salary
   44         related payments of certain individuals; authorizing
   45         the Chief Financial Officer or governing body to
   46         reduce the amount withheld if an individual can
   47         demonstrate a hardship; creating s. 112.31456, F.S.;
   48         authorizing the commission to seek wage garnishment of
   49         certain individuals to satisfy unpaid fines;
   50         authorizing the commission to refer unpaid fines to a
   51         collection agency; establishing a statute of
   52         limitations with respect to the collection of an
   53         unpaid fine; creating s. 112.3251, F.S.; requiring
   54         citizen support and direct-support organizations to
   55         adopt a code of ethics; establishing minimum
   56         requirements for a code of ethics; creating s.
   57         112.3261, F.S.; defining terms; prohibiting a person
   58         from lobbying an independent special district until
   59         registering; establishing registration requirements;
   60         requiring public availability of lobbyist
   61         registrations; establishing procedures for termination
   62         of a lobbyist’s registration; authorizing an
   63         independent special district to establish a
   64         registration fee; establishing requirements for
   65         quarterly compensation reports; requiring an
   66         independent special district to establish procedures
   67         with respect to the receipt of reports; prohibiting
   68         lobbying expenditures; prohibiting compensation to a
   69         firm not registered to lobby; providing for
   70         jurisdiction of complaints; providing a penalty;
   71         authorizing a person to request an advisory opinion
   72         from the commission; authorizing an independent
   73         special district or person to file a complaint;
   74         requiring an independent special district to establish
   75         certain policies and procedures; amending s. 288.901,
   76         F.S.; specifying the applicability of certain
   77         provisions of the Code of Ethics for Public Officers
   78         and Employees to members of the Enterprise Florida,
   79         Inc., board of directors; amending s. 288.92, F.S.;
   80         specifying the applicability of certain provisions of
   81         the Code of Ethics for Public Officers and Employees
   82         to division officers of Enterprise Florida, Inc.;
   83         amending s. 288.9604, F.S.; specifying the
   84         applicability of certain provisions of the Code of
   85         Ethics for Public Officers and Employees to the board
   86         of directors of the Florida Development Finance
   87         Corporation; amending s. 331.3081, F.S.; specifying
   88         the applicability of certain provisions of the Code of
   89         Ethics for Public Officers and Employees to the board
   90         of directors of Space Florida; amending s. 627.351,
   91         F.S.; specifying the applicability of certain
   92         provisions of the Code of Ethics for Public Officers
   93         and Employees to senior managers and members of the
   94         board of governors of Citizens Property Insurance
   95         Corporation; prohibiting a former member of the board
   96         of governors from representing another person or
   97         entity before the corporation for a specified
   98         timeframe; providing an effective date.
   99          
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Paragraph (b) of subsection (1) of section
  103  28.35, Florida Statutes, is amended to read:
  104         28.35 Florida Clerks of Court Operations Corporation.—
  105         (1)
  106         (b)1. The executive council shall be composed of eight
  107  clerks of the court elected by the clerks of the courts for a
  108  term of 2 years, with two clerks from counties with a population
  109  of fewer than 100,000, two clerks from counties with a
  110  population of at least 100,000 but fewer than 500,000, two
  111  clerks from counties with a population of at least 500,000 but
  112  fewer than 1 million, and two clerks from counties with a
  113  population of more than 1 million or more. The executive council
  114  shall also include, as ex officio members, a designee of the
  115  President of the Senate and a designee of the Speaker of the
  116  House of Representatives. The Chief Justice of the Supreme Court
  117  shall designate one additional member to represent the state
  118  courts system.
  119         2. The Legislature determines that it is in the public
  120  interest for the members of the executive council of the
  121  corporation to be subject to the requirements of s. 112.313,
  122  including s. 112.313(9); s. 112.3135; and s. 112.3143(2),
  123  notwithstanding the fact that the council members are not public
  124  officers or employees. For purposes of these sections, the
  125  council members shall be considered to be public officers or
  126  employees.
  127         Section 2. Section 112.3142, Florida Statutes, is amended
  128  to read:
  129         112.3142 Ethics training for specified constitutional
  130  officers and elected municipal officers.—
  131         (1) As used in this section, the term “constitutional
  132  officers” includes the Governor, the Lieutenant Governor, the
  133  Attorney General, the Chief Financial Officer, the Commissioner
  134  of Agriculture, state attorneys, public defenders, sheriffs, tax
  135  collectors, property appraisers, supervisors of elections,
  136  clerks of the circuit court, county commissioners, district
  137  school board members, and superintendents of schools.
  138         (2)(a) All constitutional officers and elected municipal
  139  officers must complete 4 hours of ethics training each calendar
  140  year which annually that addresses, at a minimum, s. 8, Art. II
  141  of the State Constitution, the Code of Ethics for Public
  142  Officers and Employees, and the public records and public
  143  meetings laws of this state. This requirement may be satisfied
  144  by completion of a continuing legal education class or other
  145  continuing professional education class, seminar, or
  146  presentation if the required subjects are covered.
  147         (b) The commission shall adopt rules establishing minimum
  148  course content for the portion of an ethics training class that
  149  addresses s. 8, Art. II of the State Constitution and the Code
  150  of Ethics for Public Officers and Employees.
  151         (3) Each house of the Legislature shall provide for ethics
  152  training pursuant to its rules.
  153         Section 3. Subsection (1), paragraph (g) of subsection (5),
  154  and paragraphs (a) and (c) of present subsection (7) of section
  155  112.3144, Florida Statutes, are amended, present subsections (6)
  156  through (9) of that section are redesignated as subsections (7)
  157  through (10), respectively, and a new subsection (6) is added to
  158  that section, to read:
  159         112.3144 Full and public disclosure of financial
  160  interests.—
  161         (1) An officer who is required by s. 8, Art. II of the
  162  State Constitution to file a full and public disclosure of his
  163  or her financial interests for any calendar or fiscal year shall
  164  file that disclosure with the Florida Commission on Ethics.
  165  Additionally, an officer who is required to complete annual
  166  ethics training pursuant to s. 112.3142 must certify on his or
  167  her full and public disclosure of financial interests that he or
  168  she has completed the required training.
  169         (5) Forms for compliance with the full and public
  170  disclosure requirements of s. 8, Art. II of the State
  171  Constitution shall be created by the Commission on Ethics. The
  172  commission shall give notice of disclosure deadlines and
  173  delinquencies and distribute forms in the following manner:
  174         (g) The notification requirements and fines of this
  175  subsection do not apply to candidates or to the first filing
  176  required of any person appointed to elective constitutional
  177  office or other position required to file full and public
  178  disclosure, unless the person’s name is on the commission’s
  179  notification list and the person received notification from the
  180  commission. The appointing official shall notify such newly
  181  appointed person of the obligation to file full and public
  182  disclosure by July 1. The notification requirements and fines of
  183  this subsection do not apply to the final filing provided for in
  184  subsection (7)(6).
  185         (6) If a person holding public office or public employment
  186  fails or refuses to file a full and public disclosure of
  187  financial interests for any year in which the person received
  188  notice from the commission regarding the failure to file and has
  189  accrued the maximum automatic fine authorized under this
  190  section, regardless of whether the fine imposed was paid or
  191  collected, the commission may initiate an investigation and
  192  conduct a public hearing without receipt of a complaint to
  193  determine whether the person’s failure to file is willful. If
  194  the commission determines that the person willfully failed to
  195  file a full and public disclosure of financial interests, the
  196  commission shall enter an order recommending that the officer or
  197  employee be removed from his or her public office or public
  198  employment.
  199         (8)(7)(a) The commission shall treat an amended full and
  200  public disclosure of financial interests which that is filed
  201  before prior to September 1 of the current year in which the
  202  disclosure is due as the original filing, regardless of whether
  203  a complaint has been filed. If a complaint pertaining to the
  204  current year alleges a failure to properly and accurately
  205  disclose any information required by this section or if a
  206  complaint filed pertaining to a previous reporting period within
  207  the preceding 5 years alleges a failure to properly and
  208  accurately disclose any information required to be disclosed by
  209  this section, the commission may immediately follow complaint
  210  procedures in s. 112.324. However, If a complaint filed after
  211  August 25 of the year in which the disclosure is due is based
  212  upon an error or omission in the annual disclosure and if the
  213  complaint alleges only an immaterial, inconsequential, or de
  214  minimis error or omission, the commission may not take any
  215  action on the complaint, other than notifying the filer of the
  216  complaint. The filer must be given 30 days to file an amended
  217  full and public disclosure of financial interests correcting any
  218  errors. If the filer does not file an amended full and public
  219  disclosure of financial interests within 30 days after the
  220  commission sends notice of the complaint, the commission may
  221  continue with proceedings pursuant to s. 112.324.
  222         (c) For purposes of this section, an error or omission is
  223  immaterial, inconsequential, or de minimis if the original
  224  filing provided sufficient information for the public to
  225  identify potential conflicts of interest. However, failure to
  226  certify completion of annual ethics training required under s.
  227  112.3142 does not constitute an immaterial, inconsequential, or
  228  de minimis error or omission.
  229         Section 4. Present subsections (4) through (11) of section
  230  112.3145, Florida Statutes, are redesignated as subsections (5)
  231  through (12), respectively, a new subsection (4) is added to
  232  that section, paragraph (c) is added to present subsection (7)
  233  of that section, and paragraphs (a) and (c) of present
  234  subsection (9) of that section are amended, to read:
  235         112.3145 Disclosure of financial interests and clients
  236  represented before agencies.—
  237         (4) An officer who is required to complete annual ethics
  238  training pursuant to s. 112.3142 must certify on his or her
  239  statement of financial interests that he or she has completed
  240  the required training.
  241         (8)(7)
  242         (c)If a person holding public office or public employment
  243  fails or refuses to file an annual statement of financial
  244  interests for any year in which the person received notice from
  245  the commission regarding the failure to file and has accrued the
  246  maximum automatic fine authorized under this section, regardless
  247  of whether the fine imposed was paid or collected, the
  248  commission may initiate an investigation and conduct a public
  249  hearing without receipt of a complaint to determine whether the
  250  person’s failure to file is willful. If the commission
  251  determines that the person willfully failed to file a statement
  252  of financial interests, the commission shall enter an order
  253  recommending that the officer or employee be removed from his or
  254  her public office or public employment.
  255         (10)(9)(a) The commission shall treat an amended annual
  256  statement of financial interests which that is filed before
  257  prior to September 1 of the current year in which the statement
  258  is due as the original filing, regardless of whether a complaint
  259  has been filed. If a complaint pertaining to the current year
  260  alleges a failure to properly and accurately disclose any
  261  information required by this section or if a complaint filed
  262  pertaining to a previous reporting period within the preceding 5
  263  years alleges a failure to properly and accurately disclose any
  264  information required to be disclosed by this section, the
  265  commission may immediately follow complaint procedures in s.
  266  112.324. However, If a complaint filed after August 25 of the
  267  year in which the statement is due is based upon an error or
  268  omission in the annual statement and if the complaint alleges
  269  only an immaterial, inconsequential, or de minimis error or
  270  omission, the commission may not take any action on the
  271  complaint, other than notifying the filer of the complaint. The
  272  filer must be given 30 days to file an amended statement of
  273  financial interests correcting any errors. If the filer does not
  274  file an amended statement of financial interests within 30 days
  275  after the commission sends notice of the complaint, the
  276  commission may continue with proceedings pursuant to s. 112.324.
  277         (c) For purposes of this section, an error or omission is
  278  immaterial, inconsequential, or de minimis if the original
  279  filing provided sufficient information for the public to
  280  identify potential conflicts of interest. However, failure to
  281  certify completion of annual ethics training required under s.
  282  112.3142 does not constitute an immaterial, inconsequential, or
  283  de minimis error or omission.
  284         Section 5. Section 112.31455, Florida Statutes, is amended
  285  to read:
  286         112.31455 Withholding of public salary-related payments
  287  Collection methods for unpaid automatic fines for failure to
  288  timely file disclosure of financial interests.—
  289         (1) Before referring any unpaid fine accrued pursuant to s.
  290  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  291  of Financial Services, the commission shall attempt to determine
  292  whether the individual owing such a fine is a current public
  293  officer or current public employee. If so, the commission may
  294  notify the Chief Financial Officer or the governing body of the
  295  appropriate county, municipality, or special district of the
  296  total amount of any fine owed to the commission by such
  297  individual.
  298         (a) After receipt and verification of the notice from the
  299  commission, the Chief Financial Officer or the governing body of
  300  the county, municipality, or special district shall withhold the
  301  entire amount of any fine owed, and any administrative costs
  302  incurred, from the individual’s next salary-related payment. If
  303  the fine exceeds the amount of the next salary-related payment,
  304  all salary-related payments must be withheld until the fine and
  305  administrative costs are paid in full begin withholding the
  306  lesser of 10 percent or the maximum amount allowed under federal
  307  law from any salary-related payment. The withheld payments shall
  308  be remitted to the commission until the fine is satisfied.
  309         (b) The Chief Financial Officer or the governing body of
  310  the county, municipality, or special district may retain an
  311  amount of each withheld payment, as provided in s. 77.0305, to
  312  cover the administrative costs incurred under this section.
  313         (c) If a current public officer or current public employee
  314  demonstrates to the Chief Financial Officer or the governing
  315  body responsible for paying him or her that the public salary is
  316  his or her primary source of income and that withholding the
  317  full amount of any fine owed from a salary-related payment would
  318  present an undue hardship, the amount withheld from a public
  319  salary may be reduced to not less than 10 percent of the salary
  320  related payment.
  321         (2) If the commission determines that the individual who is
  322  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  323  or s. 112.3145(6) is no longer a public officer or public
  324  employee or if the commission is unable to determine whether the
  325  individual is a current public officer or public employee, the
  326  commission may, 6 months after the order becomes final, seek
  327  garnishment of any wages to satisfy the amount of the fine, or
  328  any unpaid portion thereof, pursuant to chapter 77. Upon
  329  recording the order imposing the fine with the clerk of the
  330  circuit court, the order shall be deemed a judgment for purposes
  331  of garnishment pursuant to chapter 77.
  332         (2)(3) The commission may refer unpaid fines to the
  333  appropriate collection agency, as directed by the Chief
  334  Financial Officer, to utilize any collection methods provided by
  335  law. Except as expressly limited by this section, any other
  336  collection methods authorized by law are allowed.
  337         (3)(4) Action may be taken to collect any unpaid fine
  338  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  339  date the final order is rendered.
  340         Section 6. Section 112.31456, Florida Statutes, is created
  341  to read:
  342         112.31456 Garnishment of wages for unpaid automatic fines
  343  for failure to timely file disclosure of financial interests.—
  344         (1) Before referring any unpaid fine accrued pursuant to s.
  345  112.3144(5) or s. 112.3145(7) to the Department of Financial
  346  Services, the commission shall attempt to determine whether the
  347  individual owing such fine is a current public officer or
  348  current public employee. If the commission determines that an
  349  individual who is the subject of an unpaid fine accrued pursuant
  350  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  351  officer or public employee or the commission is unable to
  352  determine whether the individual is a current public officer or
  353  public employee, the commission may, 6 months after the order
  354  becomes final, seek garnishment of any wages to satisfy the
  355  amount of the fine, or any unpaid portion thereof, pursuant to
  356  chapter 77. Upon recording the order imposing the fine with the
  357  clerk of the circuit court, the order shall be deemed a judgment
  358  for purposes of garnishment pursuant to chapter 77.
  359         (2) The commission may refer unpaid fines to the
  360  appropriate collection agency, as directed by the Chief
  361  Financial Officer, to use any collection methods provided by
  362  law. Except as expressly limited by this section, any other
  363  collection methods authorized by law are allowed.
  364         (3) Action may be taken to collect any unpaid fine imposed
  365  by ss. 112.3144 and 112.3145 within 20 years after the date the
  366  final order is rendered.
  367         Section 7. Section 112.3251, Florida Statutes, is created
  368  to read:
  369         112.3251Citizen support and direct-support organizations;
  370  standards of conduct.—A citizen support or direct-support
  371  organization created or authorized pursuant to law must adopt
  372  its own ethics code. The ethics code must contain the standards
  373  of conduct and disclosures required under ss. 112.313 and
  374  112.3143(2), respectively. However, an ethics code adopted
  375  pursuant to this section is not required to contain the
  376  standards of conduct specified in s. 112.313(3) or (7). The
  377  citizen support or direct-support organization may adopt
  378  additional or more stringent standards of conduct and disclosure
  379  requirements, provided that those standards of conduct and
  380  disclosure requirements do not otherwise conflict with this
  381  part. The ethics code must be conspicuously posted on the
  382  website of the citizen support or direct-support organization.
  383         Section 8. Section 112.3261, Florida Statutes, is created
  384  to read:
  385         112.3261 Lobbying before independent special districts;
  386  registration and reporting.—
  387         (1) As used in this section, the term:
  388         (a) “Compensation” has the same meaning as in s. 112.3215.
  389         (b) “Expenditure” has the same meaning as in s. 112.3215.
  390         (c) “Independent special district” means a water management
  391  district, hospital district, children’s services district, or
  392  any independent special district, as defined in s. 189.403, that
  393  exercises ad valorem taxing authority.
  394         (d) “Lobbies” means seeking, on behalf of another person,
  395  to influence an independent special district with respect to a
  396  decision of the district in an area of policy or procurement or
  397  an attempt to obtain the goodwill of a district official or
  398  employee.
  399         (e) “Lobbying firm” has the same meaning as in s. 112.3215.
  400         (f) “Lobbyist” has the same meaning as in s. 112.3215.
  401         (g) “Principal” has the same meaning as in s. 112.3215.
  402         (2) A person may not lobby an independent special district
  403  until such person has registered as a lobbyist with that
  404  district. Such registration shall be due upon initially being
  405  retained to lobby and is renewable on a calendar-year basis
  406  thereafter. Upon registration, the person shall provide a
  407  statement signed by the principal or principal’s representative
  408  stating that the registrant is authorized to represent the
  409  principal. The principal shall also identify and designate its
  410  main business on the statement authorizing that lobbyist
  411  pursuant to a classification system approved by the district.
  412  The registration form shall require each lobbyist to disclose,
  413  under oath, the following:
  414         (a) The lobbyist’s name and business address.
  415         (b) The name and business address of each principal
  416  represented.
  417         (c) The lobbyist’s area of interest.
  418         (d) The existence of any direct or indirect business
  419  association, partnership, or financial relationship with any
  420  employee of an independent special district with which he or she
  421  lobbies, or intends to lobby.
  422         (3) An independent special district shall make lobbyist
  423  registrations available to the public. If an independent special
  424  district maintains a website, a database of current registered
  425  lobbyists and principals must be available on the district’s
  426  website.
  427         (4) A lobbyist shall promptly send a written statement to
  428  the independent special district cancelling the registration for
  429  a principal upon termination of the lobbyist’s representation of
  430  that principal. An independent special district may remove the
  431  name of a lobbyist from the list of registered lobbyists if the
  432  principal notifies the district that a person is no longer
  433  authorized to represent that principal.
  434         (5) An independent special district may establish an annual
  435  lobbyist registration fee, not to exceed $40 for each principal
  436  represented.
  437         (6)(a)1. Each lobbying firm shall file a compensation
  438  report with the independent special district for each calendar
  439  quarter during any portion of which one or more of the firm’s
  440  lobbyists were registered to represent a principal. The
  441  compensation report shall include the following:
  442         a. Full name, business address, and telephone number of the
  443  lobbying firm;
  444         b. Name of each of the firm’s lobbyists; and
  445         c. Total compensation provided or owed to the lobbying firm
  446  from all principals for the reporting period, reported in one of
  447  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  448  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  449  $999,999; $1 million or more.
  450         2. For each principal represented by one or more of the
  451  firm’s lobbyists, the lobbying firm’s compensation report shall
  452  also include the following:
  453         a. Full name, business address, and telephone number of the
  454  principal; and
  455         b. Total compensation provided or owed to the lobbying firm
  456  for the reporting period, reported in one of the following
  457  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  458  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  459  more. If the category “$50,000 or more” is selected, the
  460  specific dollar amount of compensation must be reported, rounded
  461  up or down to the nearest $1,000.
  462         3. If a lobbying firm subcontracts work from another
  463  lobbying firm and not from the original principal:
  464         a. The lobbying firm providing the work to be subcontracted
  465  shall be treated as the reporting lobbying firm’s principal for
  466  reporting purposes under this paragraph; and
  467         b. The reporting lobbying firm shall, for each lobbying
  468  firm identified under subparagraph (a)2., identify the name and
  469  address of the principal originating the lobbying work.
  470         4. The senior partner, officer, or owner of the lobbying
  471  firm shall certify to the veracity and completeness of the
  472  information submitted pursuant to this paragraph.
  473         (b) For each principal represented by more than one
  474  lobbying firm, the district shall aggregate the quarterly
  475  reporting period and calendar year compensation reported as
  476  provided or owed by the principal.
  477         (c) The reporting statements shall be filed no later than
  478  45 days after the end of each reporting period. The four
  479  reporting periods are from January 1 through March 31, April 1
  480  through June 30, July 1 through September 30, and October 1
  481  through December 31, respectively. Reporting statements may be
  482  filed by electronic means established by the independent special
  483  district.
  484         (d) The independent special district shall establish
  485  procedures with respect to notifying a lobbying firm that fails
  486  to timely file a report and is assessed a fine, the grounds for
  487  waiving a fine, and the appeal of an assessed fine. The
  488  procedures shall address the following:
  489         1. Upon determining that the report is late, the person
  490  designated to review the timeliness of reports shall immediately
  491  notify the lobbying firm of its failure to timely file the
  492  report and that a fine is being assessed for each late day. The
  493  fine shall be $50 per day per report for each late day, up to a
  494  maximum fine of $5,000 per late report.
  495         2. Upon receipt of the report, the person designated to
  496  review the timeliness of reports shall determine the amount of
  497  the fine due based upon the earliest of the following:
  498         a. The date that a report is actually received by the
  499  independent special district.
  500         b. The date that an electronic receipt for the report is
  501  issued.
  502         3. Unless the fine is appealed, it shall be paid within 30
  503  days after the notice of payment due is transmitted by the
  504  independent special district.
  505         4. A fine may not be assessed against a lobbying firm the
  506  first time any reports for which the lobbying firm is
  507  responsible are not timely filed. However, to receive the one
  508  time fine waiver, all reports for which the lobbying firm is
  509  responsible must be filed within 30 days after the notice that
  510  any reports have not been timely filed is transmitted by the
  511  independent special district. A fine shall be assessed for any
  512  subsequent late-filed reports.
  513         5. A lobbying firm may appeal or dispute a fine, based upon
  514  unusual circumstances surrounding the failure to file on the
  515  designated due date, and may request, and is entitled to, a
  516  hearing before the independent special district, which may waive
  517  the fine in whole or in part for good cause shown. Any such
  518  request shall be made within 30 days after the notice of payment
  519  due is transmitted by the independent special district. In such
  520  case, the lobbying firm shall, within the 30-day period, notify
  521  the person designated to review the timeliness of reports in
  522  writing of his or her intention to bring the matter before the
  523  independent special district.
  524         6. The person designated to review the timeliness of
  525  reports shall notify the independent special district of the
  526  failure of a lobbying firm to file a report after notice or the
  527  failure of a lobbying firm to pay the fine imposed. All lobbyist
  528  registrations for lobbyists who are partners, owners, officers,
  529  or employees of a lobbying firm that fails to timely pay a fine
  530  are automatically suspended until the fine is paid or waived,
  531  and the independent special district shall promptly notify all
  532  affected principals of each suspension and each registration.
  533         7. A fine imposed under this subsection which is not waived
  534  by final order of the independent special district and which
  535  remains unpaid more than 60 days after the notice of payment due
  536  or more than 60 days after the independent special district
  537  renders a final order on the lobbying firm’s appeal may be
  538  recorded as a judgment in the appropriate circuit court. The
  539  independent special district may take any actions necessary to
  540  enforce the judgment.
  541         (7)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
  542  other provision of law to the contrary, no lobbyist or principal
  543  shall make, directly or indirectly, and no independent special
  544  district official, member, or employee shall knowingly accept,
  545  directly or indirectly, any expenditure.
  546         (b) No person shall provide compensation for lobbying to an
  547  individual or business entity that is not a lobbying firm.
  548         (8) The commission has exclusive jurisdiction of complaints
  549  alleging that a person covered by this section has failed to
  550  register, has failed to submit a compensation report, has made
  551  or received a prohibited expenditure, or has knowingly submitted
  552  false information in any report or registration required under
  553  this section. The complaint proceedings must be conducted
  554  pursuant to s. 112.324. The commission shall investigate any
  555  lobbying firm, lobbyist, principal, agency, officer, or employee
  556  upon receipt of information from a sworn complaint or from a
  557  random audit of lobbying reports indicating a possible violation
  558  other than a late-filed report.
  559         (9)Any person who is required to be registered or to
  560  provide information under this section or under procedures
  561  established pursuant to this section and who knowingly fails to
  562  disclose any material fact that is required by this section or
  563  procedures established pursuant to this section, or who
  564  knowingly provides false information on any report required by
  565  this section or by procedures established pursuant to this
  566  section, commits a noncriminal infraction, punishable by a fine
  567  not to exceed $5,000. Such penalty is in addition to any other
  568  penalty assessed pursuant to subsection (8).
  569         (10) If a person is uncertain about the applicability and
  570  interpretation of this section, he or she may submit in writing
  571  the facts of the situation to the commission with a request for
  572  an advisory opinion to establish his or her standard of duty. An
  573  advisory opinion shall be rendered by the commission and, until
  574  amended or revoked, shall be binding on the conduct of the
  575  person who sought the opinion, unless material facts were
  576  omitted or misstated in the request.
  577         (11) An independent special district shall be diligent to
  578  ascertain whether persons required to register pursuant to this
  579  section have complied. An independent special district may not
  580  knowingly authorize a person who is not registered pursuant to
  581  this section to lobby the district.
  582         (12) Upon discovery of a violation of this section, an
  583  independent special district or any person may file a sworn
  584  complaint with the commission.
  585         (13) An independent special district shall establish
  586  policies and procedures to administer this section, including
  587  the forms for registration and compensation reports and
  588  procedures for registration. All policies and procedures adopted
  589  by an independent special district shall be posted on the
  590  district’s website or available by regular mail or e-mail upon
  591  request.
  592         Section 9. Paragraph (c) of subsection (1) of section
  593  288.901, Florida Statutes, is amended to read:
  594         288.901 Enterprise Florida, Inc.—
  595         (1) CREATION.—
  596         (c) The Legislature determines that it is in the public
  597  interest that for the members of the Enterprise Florida, Inc.,
  598  board of directors to be subject to the requirements of s.
  599  112.313, including s. 112.313(9); s. 112.3135; ss.112.3135, and
  600  s. 112.3143(2), and 112.313, excluding s. 112.313(2),
  601  notwithstanding the fact that the board members are not public
  602  officers or employees. For purposes of those sections, the board
  603  members shall be considered to be public officers or employees.
  604  The exemption set forth in s. 112.313(12) for advisory boards
  605  applies to the members of the Enterprise Florida, Inc., board of
  606  directors. Further, each member of the board of directors who is
  607  not otherwise required to file financial disclosures pursuant to
  608  s. 8, Art. II of the State Constitution or s. 112.3144, shall
  609  file disclosure of financial interests pursuant to s. 112.3145.
  610         Section 10. Present paragraph (b) of subsection (2) of
  611  section 288.92, Florida Statutes, is redesignated as paragraph
  612  (c), and a new paragraph (b) is added to that subsection, to
  613  read:
  614         288.92 Divisions of Enterprise Florida, Inc.—
  615         (2)
  616         (b) The Legislature determines that it is in the public
  617  interest that the officers and agents of the divisions of
  618  Enterprise Florida, Inc., including any corporations created to
  619  carry out its missions, be subject to s. 112.313, including s.
  620  112.313(9); s. 112.3135; and s. 112.3143(2), notwithstanding the
  621  fact that the division officers and agents are not public
  622  officers or employees.
  623         Section 11. Paragraph (a) of subsection (3) of section
  624  288.9604, Florida Statutes, is amended to read:
  625         288.9604 Creation of the authority.—
  626         (3)(a)1. A director may not shall receive no compensation
  627  for his or her services, but is entitled to the necessary
  628  expenses, including travel expenses, incurred in the discharge
  629  of his or her duties. Each director shall hold office until his
  630  or her successor has been appointed.
  631         2. The Legislature determines that it is in the public
  632  interest that a director of the board of directors of the
  633  Florida Development Finance Corporation be subject to s.
  634  112.313, including s. 112.313(9); s. 112.3135; and s.
  635  112.3143(2), notwithstanding the fact that the directors are not
  636  public officers or employees. For purposes of these sections,
  637  the directors shall be considered to be public officers or
  638  employees.
  639         Section 12. Section 331.3081, Florida Statutes, is amended
  640  to read:
  641         331.3081 Board of directors.—
  642         (1) Space Florida shall be governed by a 13-member
  643  independent board of directors that consists of the members
  644  appointed to the board of directors of Enterprise Florida, Inc.,
  645  by the Governor, the President of the Senate, and the Speaker of
  646  the House of Representatives pursuant to s. 288.901(5)(a)7. and
  647  the Governor, who shall serve ex officio, or who may appoint a
  648  designee to serve, as the chair and a voting member of the
  649  board.
  650         (2) The Legislature determines that it is in the public
  651  interest that members of Space Florida’s board of directors be
  652  subject to s. 112.313, including s. 112.313(9); s. 112.3135; and
  653  s. 112.3143(2), notwithstanding the fact that the board members
  654  are not public officers or employees. For purposes of these
  655  sections, the board members shall be considered to be public
  656  officers or employees.
  657         Section 13. Paragraph (d) of subsection (6) of section
  658  627.351, Florida Statutes, is amended to read:
  659         627.351 Insurance risk apportionment plans.—
  660         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  661         (d)1. All prospective employees for senior management
  662  positions, as defined by the plan of operation, are subject to
  663  background checks as a prerequisite for employment. The office
  664  shall conduct the background checks pursuant to ss. 624.34,
  665  624.404(3), and 628.261.
  666         2. On or before July 1 of each year, employees of the
  667  corporation must sign and submit a statement attesting that they
  668  do not have a conflict of interest, as defined in part III of
  669  chapter 112. As a condition of employment, all prospective
  670  employees must sign and submit to the corporation a conflict-of
  671  interest statement.
  672         3. Senior managers and members of the board of governors
  673  are subject to part III of chapter 112, including, but not
  674  limited to, the code of ethics and public disclosure and
  675  reporting of financial interests, pursuant to s. 112.3145. For
  676  purposes of part III of chapter 112, the senior managers and
  677  members of the board of governors shall be considered to be
  678  public officers or employees. Notwithstanding s. 112.3143(2), a
  679  board member may not vote on any measure that would inure to his
  680  or her special private gain or loss; that he or she knows would
  681  inure to the special private gain or loss of any principal by
  682  whom he or she is retained or to the parent organization or
  683  subsidiary of a corporate principal by which he or she is
  684  retained, other than an agency as defined in s. 112.312; or that
  685  he or she knows would inure to the special private gain or loss
  686  of a relative or business associate of the public officer.
  687  Before the vote is taken, such member shall publicly state to
  688  the assembly the nature of his or her interest in the matter
  689  from which he or she is abstaining from voting and, within 15
  690  days after the vote occurs, disclose the nature of his or her
  691  interest as a public record in a memorandum filed with the
  692  person responsible for recording the minutes of the meeting, who
  693  shall incorporate the memorandum in the minutes. Senior managers
  694  and board members are also required to file such disclosures
  695  with the Commission on Ethics and the Office of Insurance
  696  Regulation. The executive director of the corporation or his or
  697  her designee shall notify each existing and newly appointed
  698  member of the board of governors and senior managers of their
  699  duty to comply with the reporting requirements of part III of
  700  chapter 112. At least quarterly, the executive director or his
  701  or her designee shall submit to the Commission on Ethics a list
  702  of names of the senior managers and members of the board of
  703  governors who are subject to the public disclosure requirements
  704  under s. 112.3145.
  705         4. A former member of the board of governors is prohibited
  706  from representing another person or entity before the
  707  corporation for 2 years after termination of service on the
  708  board of governors. A former member of the board of governors is
  709  also prohibited from entering into employment or a contractual
  710  relationship with an insurer that entered into a take-out bonus
  711  agreement with the corporation while the former member served on
  712  the board of governors for a period of 2 years after the former
  713  member’s termination of service on the board of governors.
  714         5.4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  715  other provision of law, an employee or board member may not
  716  knowingly accept, directly or indirectly, any gift or
  717  expenditure from a person or entity, or an employee or
  718  representative of such person or entity, which has a contractual
  719  relationship with the corporation or who is under consideration
  720  for a contract. An employee or board member who fails to comply
  721  with subparagraph 3. or this subparagraph is subject to
  722  penalties provided under ss. 112.317 and 112.3173.
  723         6.5. Any senior manager of the corporation who is employed
  724  on or after January 1, 2007, regardless of the date of hire, who
  725  subsequently retires or terminates employment is prohibited from
  726  representing another person or entity before the corporation for
  727  2 years after retirement or termination of employment from the
  728  corporation.
  729         7.6. Any senior manager of the corporation who is employed
  730  on or after January 1, 2007, regardless of the date of hire, who
  731  subsequently retires or terminates employment is prohibited from
  732  having any employment or contractual relationship for 2 years
  733  with an insurer that has entered into a take-out bonus agreement
  734  with the corporation.
  735         Section 14. This act shall take effect July 1, 2014.