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:
369 112.3251 Citizen 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.