Florida Senate - 2014                              CS for SB 846
       
       
        
       By the Committee on Ethics and Elections; and Senator Latvala
       
       
       
       
       
       582-01844-14                                           2014846c1
    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; providing legislative intent; amending s.
   10         112.3144, F.S.; requiring an officer required to
   11         participate in annual ethics training to certify
   12         participation on his or her full and public disclosure
   13         of financial interests; authorizing the Commission on
   14         Ethics to initiate an investigation and hold a public
   15         hearing without receipt of a complaint in certain
   16         circumstances; requiring the commission to enter an
   17         order recommending removal of an officer or public
   18         employee from public office or public employment in
   19         certain circumstances; prohibiting the commission from
   20         taking action on a complaint alleging certain errors
   21         or 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 expressway authority, independent
   59         special district, or port authority until registering;
   60         establishing registration requirements; requiring
   61         public availability of lobbyist registrations;
   62         establishing procedures for termination of a
   63         lobbyist’s registration; authorizing an authority or
   64         district to establish a registration fee; establishing
   65         requirements for quarterly compensation reports;
   66         requiring an authority or district to establish
   67         procedures with respect to the receipt of reports;
   68         prohibiting lobbying expenditures; prohibiting
   69         compensation to a firm not registered to lobby;
   70         providing for jurisdiction of complaints; providing a
   71         penalty; authorizing a person to request an advisory
   72         opinion from the commission; authorizing an authority,
   73         district, or person to file a complaint; requiring an
   74         authority or district to establish certain policies
   75         and procedures; amending s. 288.901, F.S.; specifying
   76         the applicability of certain provisions of the Code of
   77         Ethics for Public Officers and Employees to members of
   78         the Enterprise Florida, Inc., board of directors;
   79         amending s. 288.92, F.S.; specifying the applicability
   80         of certain provisions of the Code of Ethics for Public
   81         Officers and Employees to division officers of
   82         Enterprise Florida, Inc.; amending s. 288.9604, F.S.;
   83         specifying the applicability of certain provisions of
   84         the Code of Ethics for Public Officers and Employees
   85         to the board of directors of the Florida Development
   86         Finance Corporation; amending s. 331.3081, F.S.;
   87         specifying the applicability of certain provisions of
   88         the Code of Ethics for Public Officers and Employees
   89         to the board of directors of Space Florida; amending
   90         s. 627.351, F.S.; specifying the applicability of
   91         certain provisions of the Code of Ethics for Public
   92         Officers and Employees to senior managers and members
   93         of the board of governors of Citizens Property
   94         Insurance Corporation; prohibiting a former member of
   95         the board of governors from representing another
   96         person or entity before the corporation for a
   97         specified timeframe; providing an effective date.
   98          
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Paragraph (b) of subsection (1) of section
  102  28.35, Florida Statutes, is amended to read:
  103         28.35 Florida Clerks of Court Operations Corporation.—
  104         (1)
  105         (b)1. The executive council shall be composed of eight
  106  clerks of the court elected by the clerks of the courts for a
  107  term of 2 years, with two clerks from counties with a population
  108  of fewer than 100,000, two clerks from counties with a
  109  population of at least 100,000 but fewer than 500,000, two
  110  clerks from counties with a population of at least 500,000 but
  111  fewer than 1 million, and two clerks from counties with a
  112  population of more than 1 million or more. The executive council
  113  shall also include, as ex officio members, a designee of the
  114  President of the Senate and a designee of the Speaker of the
  115  House of Representatives. The Chief Justice of the Supreme Court
  116  shall designate one additional member to represent the state
  117  courts system.
  118         2. The Legislature determines that it is in the public
  119  interest for the members of the executive council of the
  120  corporation to be subject to the requirements of s. 112.313,
  121  including s. 112.313(9); s. 112.3135; and s. 112.3143(2),
  122  notwithstanding the fact that the council members are not public
  123  officers or employees. For purposes of these sections, the
  124  council members shall be considered to be public officers or
  125  employees.
  126         Section 2. Section 112.3142, Florida Statutes, is amended
  127  to read:
  128         112.3142 Ethics training for specified constitutional
  129  officers and elected municipal officers.—
  130         (1) As used in this section, the term “constitutional
  131  officers” includes the Governor, the Lieutenant Governor, the
  132  Attorney General, the Chief Financial Officer, the Commissioner
  133  of Agriculture, state attorneys, public defenders, sheriffs, tax
  134  collectors, property appraisers, supervisors of elections,
  135  clerks of the circuit court, county commissioners, district
  136  school board members, and superintendents of schools.
  137         (2)(a) All constitutional officers must complete 4 hours of
  138  ethics training each calendar year which annually that
  139  addresses, at a minimum, s. 8, Art. II of the State
  140  Constitution, the Code of Ethics for Public Officers and
  141  Employees, and the public records and public meetings laws of
  142  this state. This requirement may be satisfied by completion of a
  143  continuing legal education class or other continuing
  144  professional education class, seminar, or presentation if the
  145  required subjects are covered.
  146         (b) Beginning January 1, 2015, all elected municipal
  147  officers must complete 4 hours of ethics training each calendar
  148  year which addresses, at a minimum, s. 8, Art. II of the State
  149  Constitution, the Code of Ethics for Public Officers and
  150  Employees, and the public records and public meetings laws of
  151  this state. This requirement may be satisfied by completion of a
  152  continuing legal education class or other continuing
  153  professional education class, seminar, or presentation if the
  154  required subjects are covered.
  155         (c)(b) The commission shall adopt rules establishing
  156  minimum course content for the portion of an ethics training
  157  class which that addresses s. 8, Art. II of the State
  158  Constitution and the Code of Ethics for Public Officers and
  159  Employees.
  160         (d) The Legislature intends that a constitutional officer
  161  or elected municipal officer who is required to complete ethics
  162  training pursuant to this section receive the required training
  163  as close as possible to the date that he or she assumes office.
  164  A constitutional officer or elected municipal officer assuming a
  165  new office or new term of office on or before March 31 must
  166  complete the annual training on or before December 31 of the
  167  year in which the term of office began. A constitutional officer
  168  or elected municipal officer assuming a new office after March
  169  31 is not required to complete ethics training for the calendar
  170  year in which he or she assumes the new office.
  171         (3) Each house of the Legislature shall provide for ethics
  172  training pursuant to its rules.
  173         Section 3. Subsection (1), paragraph (g) of subsection (5),
  174  and paragraphs (a) and (c) of present subsection (7) of section
  175  112.3144, Florida Statutes, are amended, present subsections (6)
  176  through (9) of that section are redesignated as subsections (7)
  177  through (10), respectively, and a new subsection (6) is added to
  178  that section, to read:
  179         112.3144 Full and public disclosure of financial
  180  interests.—
  181         (1) An officer who is required by s. 8, Art. II of the
  182  State Constitution to file a full and public disclosure of his
  183  or her financial interests for any calendar or fiscal year shall
  184  file that disclosure with the Florida Commission on Ethics.
  185  Additionally, beginning January 1, 2015, an officer who is
  186  required to complete annual ethics training pursuant to s.
  187  112.3142 must certify on his or her full and public disclosure
  188  of financial interests that he or she has completed the required
  189  training.
  190         (5) Forms for compliance with the full and public
  191  disclosure requirements of s. 8, Art. II of the State
  192  Constitution shall be created by the Commission on Ethics. The
  193  commission shall give notice of disclosure deadlines and
  194  delinquencies and distribute forms in the following manner:
  195         (g) The notification requirements and fines of this
  196  subsection do not apply to candidates or to the first filing
  197  required of any person appointed to elective constitutional
  198  office or other position required to file full and public
  199  disclosure, unless the person’s name is on the commission’s
  200  notification list and the person received notification from the
  201  commission. The appointing official shall notify such newly
  202  appointed person of the obligation to file full and public
  203  disclosure by July 1. The notification requirements and fines of
  204  this subsection do not apply to the final filing provided for in
  205  subsection (7)(6).
  206         (6) If a person holding public office or public employment
  207  fails or refuses to file a full and public disclosure of
  208  financial interests for any year in which the person received
  209  notice from the commission regarding the failure to file and has
  210  accrued the maximum automatic fine authorized under this
  211  section, regardless of whether the fine imposed was paid or
  212  collected, the commission may initiate an investigation and
  213  conduct a public hearing without receipt of a complaint to
  214  determine whether the person’s failure to file is willful. If
  215  the commission determines that the person willfully failed to
  216  file a full and public disclosure of financial interests, the
  217  commission shall enter an order recommending that the officer or
  218  employee be removed from his or her public office or public
  219  employment.
  220         (8)(7)(a) The commission shall treat an amended full and
  221  public disclosure of financial interests which that is filed
  222  before prior to September 1 of the current year in which the
  223  disclosure is due as the original filing, regardless of whether
  224  a complaint has been filed. If a complaint pertaining to the
  225  current year alleges a failure to properly and accurately
  226  disclose any information required by this section or if a
  227  complaint filed pertaining to a previous reporting period within
  228  the preceding 5 years alleges a failure to properly and
  229  accurately disclose any information required to be disclosed by
  230  this section, the commission may immediately follow complaint
  231  procedures in s. 112.324. However, If a complaint filed after
  232  August 25 of the year in which the disclosure is due is based
  233  upon an error or omission in the annual disclosure and if the
  234  complaint alleges only an immaterial, inconsequential, or de
  235  minimis error or omission, the commission may not take any
  236  action on the complaint, other than notifying the filer of the
  237  complaint. The filer must be given 30 days to file an amended
  238  full and public disclosure of financial interests correcting any
  239  errors. If the filer does not file an amended full and public
  240  disclosure of financial interests within 30 days after the
  241  commission sends notice of the complaint, the commission may
  242  continue with proceedings pursuant to s. 112.324.
  243         (c) For purposes of this section, an error or omission is
  244  immaterial, inconsequential, or de minimis if the original
  245  filing provided sufficient information for the public to
  246  identify potential conflicts of interest. However, failure to
  247  certify completion of annual ethics training required under s.
  248  112.3142 does not constitute an immaterial, inconsequential, or
  249  de minimis error or omission.
  250         Section 4. Present subsections (4) through (11) of section
  251  112.3145, Florida Statutes, are redesignated as subsections (5)
  252  through (12), respectively, a new subsection (4) is added to
  253  that section, paragraph (c) is added to present subsection (7)
  254  of that section, and paragraphs (a) and (c) of present
  255  subsection (9) of that section are amended, to read:
  256         112.3145 Disclosure of financial interests and clients
  257  represented before agencies.—
  258         (4) Beginning January 1, 2015, an officer who is required
  259  to complete annual ethics training pursuant to s. 112.3142 must
  260  certify on his or her statement of financial interests that he
  261  or she has completed the required training.
  262         (8)(7)
  263         (c)If a person holding public office or public employment
  264  fails or refuses to file an annual statement of financial
  265  interests for any year in which the person received notice from
  266  the commission regarding the failure to file and has accrued the
  267  maximum automatic fine authorized under this section, regardless
  268  of whether the fine imposed was paid or collected, the
  269  commission may initiate an investigation and conduct a public
  270  hearing without receipt of a complaint to determine whether the
  271  person’s failure to file is willful. If the commission
  272  determines that the person willfully failed to file a statement
  273  of financial interests, the commission shall enter an order
  274  recommending that the officer or employee be removed from his or
  275  her public office or public employment.
  276         (10)(9)(a) The commission shall treat an amended annual
  277  statement of financial interests which that is filed before
  278  prior to September 1 of the current year in which the statement
  279  is due as the original filing, regardless of whether a complaint
  280  has been filed. If a complaint pertaining to the current year
  281  alleges a failure to properly and accurately disclose any
  282  information required by this section or if a complaint filed
  283  pertaining to a previous reporting period within the preceding 5
  284  years alleges a failure to properly and accurately disclose any
  285  information required to be disclosed by this section, the
  286  commission may immediately follow complaint procedures in s.
  287  112.324. However, If a complaint filed after August 25 of the
  288  year in which the statement is due is based upon an error or
  289  omission in the annual statement and if the complaint alleges
  290  only an immaterial, inconsequential, or de minimis error or
  291  omission, the commission may not take any action on the
  292  complaint, other than notifying the filer of the complaint. The
  293  filer must be given 30 days to file an amended statement of
  294  financial interests correcting any errors. If the filer does not
  295  file an amended statement of financial interests within 30 days
  296  after the commission sends notice of the complaint, the
  297  commission may continue with proceedings pursuant to s. 112.324.
  298         (c) For purposes of this section, an error or omission is
  299  immaterial, inconsequential, or de minimis if the original
  300  filing provided sufficient information for the public to
  301  identify potential conflicts of interest. However, failure to
  302  certify completion of annual ethics training required under s.
  303  112.3142 does not constitute an immaterial, inconsequential, or
  304  de minimis error or omission.
  305         Section 5. Section 112.31455, Florida Statutes, is amended
  306  to read:
  307         112.31455 Withholding of public salary-related payments
  308  Collection methods for unpaid automatic fines for failure to
  309  timely file disclosure of financial interests.—
  310         (1) Before referring any unpaid fine accrued pursuant to s.
  311  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  312  of Financial Services, the commission shall attempt to determine
  313  whether the individual owing such a fine is a current public
  314  officer or current public employee. If so, the commission may
  315  notify the Chief Financial Officer or the governing body of the
  316  appropriate county, municipality, or special district of the
  317  total amount of any fine owed to the commission by such
  318  individual.
  319         (a) After receipt and verification of the notice from the
  320  commission, the Chief Financial Officer or the governing body of
  321  the county, municipality, or special district shall withhold the
  322  entire amount of any fine owed, and any administrative costs
  323  incurred, from the individual’s next salary-related payment. If
  324  the fine exceeds the amount of the next salary-related payment,
  325  all salary-related payments must be withheld until the fine and
  326  administrative costs are paid in full begin withholding the
  327  lesser of 10 percent or the maximum amount allowed under federal
  328  law from any salary-related payment. The withheld payments shall
  329  be remitted to the commission until the fine is satisfied.
  330         (b) The Chief Financial Officer or the governing body of
  331  the county, municipality, or special district may retain an
  332  amount of each withheld payment, as provided in s. 77.0305, to
  333  cover the administrative costs incurred under this section.
  334         (c) If a current public officer or current public employee
  335  demonstrates to the Chief Financial Officer or the governing
  336  body responsible for paying him or her that the public salary is
  337  his or her primary source of income and that withholding the
  338  full amount of any fine owed from a salary-related payment would
  339  present an undue hardship, the amount withheld from a public
  340  salary may be reduced to not less than 10 percent of the salary
  341  related payment.
  342         (2) If the commission determines that the individual who is
  343  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  344  or s. 112.3145(6) is no longer a public officer or public
  345  employee or if the commission is unable to determine whether the
  346  individual is a current public officer or public employee, the
  347  commission may, 6 months after the order becomes final, seek
  348  garnishment of any wages to satisfy the amount of the fine, or
  349  any unpaid portion thereof, pursuant to chapter 77. Upon
  350  recording the order imposing the fine with the clerk of the
  351  circuit court, the order shall be deemed a judgment for purposes
  352  of garnishment pursuant to chapter 77.
  353         (2)(3) The commission may refer unpaid fines to the
  354  appropriate collection agency, as directed by the Chief
  355  Financial Officer, to utilize any collection methods provided by
  356  law. Except as expressly limited by this section, any other
  357  collection methods authorized by law are allowed.
  358         (3)(4) Action may be taken to collect any unpaid fine
  359  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  360  date the final order is rendered.
  361         Section 6. Section 112.31456, Florida Statutes, is created
  362  to read:
  363         112.31456 Garnishment of wages for unpaid automatic fines
  364  for failure to timely file disclosure of financial interests.—
  365         (1) Before referring any unpaid fine accrued pursuant to s.
  366  112.3144(5) or s. 112.3145(7) to the Department of Financial
  367  Services, the commission shall attempt to determine whether the
  368  individual owing such fine is a current public officer or
  369  current public employee. If the commission determines that an
  370  individual who is the subject of an unpaid fine accrued pursuant
  371  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  372  officer or public employee or the commission is unable to
  373  determine whether the individual is a current public officer or
  374  public employee, the commission may, 6 months after the order
  375  becomes final, seek garnishment of any wages to satisfy the
  376  amount of the fine, or any unpaid portion thereof, pursuant to
  377  chapter 77. Upon recording the order imposing the fine with the
  378  clerk of the circuit court, the order shall be deemed a judgment
  379  for purposes of garnishment pursuant to chapter 77.
  380         (2) The commission may refer unpaid fines to the
  381  appropriate collection agency, as directed by the Chief
  382  Financial Officer, to use any collection methods provided by
  383  law. Except as expressly limited by this section, any other
  384  collection methods authorized by law are allowed.
  385         (3) Action may be taken to collect any unpaid fine imposed
  386  by ss. 112.3144 and 112.3145 within 20 years after the date the
  387  final order is rendered.
  388         Section 7. Section 112.3251, Florida Statutes, is created
  389  to read:
  390         112.3251Citizen support and direct-support organizations;
  391  standards of conduct.—A citizen support or direct-support
  392  organization created or authorized pursuant to law must adopt
  393  its own ethics code. The ethics code must contain the standards
  394  of conduct and disclosures required under ss. 112.313 and
  395  112.3143(2), respectively. However, an ethics code adopted
  396  pursuant to this section is not required to contain the
  397  standards of conduct specified in s. 112.313(3) or (7). The
  398  citizen support or direct-support organization may adopt
  399  additional or more stringent standards of conduct and disclosure
  400  requirements, provided that those standards of conduct and
  401  disclosure requirements do not otherwise conflict with this
  402  part. The ethics code must be conspicuously posted on the
  403  website of the citizen support or direct-support organization.
  404         Section 8. Section 112.3261, Florida Statutes, is created
  405  to read:
  406         112.3261 Lobbying before expressway authorities,
  407  independent special districts, port authorities; registration
  408  and reporting.—
  409         (1) As used in this section, the term:
  410         (a) “Compensation” has the same meaning as in s. 112.3215.
  411         (b) “Expenditure” has the same meaning as in s. 112.3215.
  412         (c) “Expressway authority” has the same meaning as the term
  413  “authority” in s. 348.0002.
  414         (d) “Independent special district” means a water management
  415  district, hospital district, children’s services district, or
  416  any independent special district, as defined in s. 189.403, that
  417  exercises ad valorem taxing authority.
  418         (e) “Lobbies” means seeking, on behalf of another person,
  419  to influence an expressway authority, independent special
  420  district, or port authority with respect to a decision of the
  421  authority or district in an area of policy or procurement or an
  422  attempt to obtain the goodwill of an authority or district
  423  official or employee.
  424         (f) “Lobbying firm” has the same meaning as in s. 112.3215.
  425         (g) “Lobbyist” has the same meaning as in s. 112.3215.
  426         (h) “Port authority” has the same meaning as in s. 315.02.
  427         (i) “Principal” has the same meaning as in s. 112.3215.
  428         (2) A person may not lobby an expressway authority,
  429  independent special district, or port authority until such
  430  person has registered as a lobbyist with that authority or
  431  district. Such registration shall be due upon initially being
  432  retained to lobby and is renewable on a calendar-year basis
  433  thereafter. Upon registration, the person shall provide a
  434  statement signed by the principal or principal’s representative
  435  stating that the registrant is authorized to represent the
  436  principal. The principal shall also identify and designate its
  437  main business on the statement authorizing that lobbyist
  438  pursuant to a classification system approved by the authority or
  439  district. The registration form shall require each lobbyist to
  440  disclose, under oath, the following:
  441         (a) The lobbyist’s name and business address.
  442         (b) The name and business address of each principal
  443  represented.
  444         (c) The lobbyist’s area of interest.
  445         (d) The existence of any direct or indirect business
  446  association, partnership, or financial relationship with any
  447  employee of an authority or district with which he or she
  448  lobbies or intends to lobby.
  449         (3) An expressway authority, independent special district,
  450  or port authority shall make lobbyist registrations available to
  451  the public. If an authority or district maintains a website, a
  452  database of current registered lobbyists and principals must be
  453  available on the authority’s or district’s website.
  454         (4) A lobbyist shall promptly send a written statement to
  455  the expressway authority, independent special district, or port
  456  authority cancelling the registration for a principal upon
  457  termination of the lobbyist’s representation of that principal.
  458  An authority or district may remove the name of a lobbyist from
  459  the list of registered lobbyists if the principal notifies the
  460  authority or district that a person is no longer authorized to
  461  represent that principal.
  462         (5) An expressway authority, independent special district,
  463  or port authority may establish an annual lobbyist registration
  464  fee, not to exceed $40, for each principal represented.
  465         (6)(a)1. Each lobbying firm shall file a compensation
  466  report with the expressway authority, independent special
  467  district, or port authority for each calendar quarter during any
  468  portion of which one or more of the firm’s lobbyists were
  469  registered to represent a principal. The compensation report
  470  shall include the following:
  471         a. Full name, business address, and telephone number of the
  472  lobbying firm;
  473         b. Name of each of the firm’s lobbyists; and
  474         c. Total compensation provided or owed to the lobbying firm
  475  from all principals for the reporting period, reported in one of
  476  the following categories: $0; $1 to $49,999; $50,000 to $99,999;
  477  $100,000 to $249,999; $250,000 to $499,999; $500,000 to
  478  $999,999; $1 million or more.
  479         2. For each principal represented by one or more of the
  480  firm’s lobbyists, the lobbying firm’s compensation report shall
  481  also include the following:
  482         a. Full name, business address, and telephone number of the
  483  principal; and
  484         b. Total compensation provided or owed to the lobbying firm
  485  for the reporting period, reported in one of the following
  486  categories: $0; $1 to $9,999; $10,000 to $19,999; $20,000 to
  487  $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or
  488  more. If the category “$50,000 or more” is selected, the
  489  specific dollar amount of compensation must be reported, rounded
  490  up or down to the nearest $1,000.
  491         3. If a lobbying firm subcontracts work from another
  492  lobbying firm and not from the original principal:
  493         a. The lobbying firm providing the work to be subcontracted
  494  shall be treated as the reporting lobbying firm’s principal for
  495  reporting purposes under this paragraph; and
  496         b. The reporting lobbying firm shall, for each lobbying
  497  firm identified under subparagraph 2., identify the name and
  498  address of the principal originating the lobbying work.
  499         4. The senior partner, officer, or owner of the lobbying
  500  firm shall certify to the veracity and completeness of the
  501  information submitted pursuant to this paragraph.
  502         (b) For each principal represented by more than one
  503  lobbying firm, the authority or district shall aggregate the
  504  quarterly reporting period and calendar-year compensation
  505  reported as provided or owed by the principal.
  506         (c) The reporting statements shall be filed no later than
  507  45 days after the end of each reporting period. The four
  508  reporting periods are from January 1 through March 31, April 1
  509  through June 30, July 1 through September 30, and October 1
  510  through December 31, respectively. Reporting statements may be
  511  filed by electronic means established by the authority or
  512  district.
  513         (d) The authority or district shall establish procedures
  514  with respect to notifying a lobbying firm that fails to timely
  515  file a report and is assessed a fine, the grounds for waiving a
  516  fine, and the appeal of an assessed fine. The procedures shall
  517  address the following:
  518         1. Upon determining that the report is late, the person
  519  designated to review the timeliness of reports shall immediately
  520  notify the lobbying firm of its failure to timely file the
  521  report and that a fine is being assessed for each late day. The
  522  fine shall be $50 per day per report for each late day, up to a
  523  maximum fine of $5,000 per late report.
  524         2. Upon receipt of the report, the person designated to
  525  review the timeliness of reports shall determine the amount of
  526  the fine due based upon the earliest of the following:
  527         a. The date that a report is actually received by the
  528  authority or district.
  529         b. The date that an electronic receipt for the report is
  530  issued.
  531         3. Unless the fine is appealed, it shall be paid within 30
  532  days after the notice of payment due is transmitted by the
  533  authority or district. The authority or district may only use
  534  the moneys collected to administer the provisions of this
  535  section.
  536         4. A fine may not be assessed against a lobbying firm the
  537  first time any reports for which the lobbying firm is
  538  responsible are not timely filed. However, to receive the one
  539  time fine waiver, all reports for which the lobbying firm is
  540  responsible must be filed within 30 days after the notice that
  541  any reports have not been timely filed is transmitted by the
  542  authority or district. A fine shall be assessed for any
  543  subsequent late-filed reports.
  544         5. A lobbying firm may appeal or dispute a fine, based upon
  545  unusual circumstances surrounding the failure to file on the
  546  designated due date, and may request, and is entitled to, a
  547  hearing before the authority or district, which may waive the
  548  fine in whole or in part for good cause shown. Any such request
  549  shall be made within 30 days after the notice of payment due is
  550  transmitted by the authority or district. In such case, the
  551  lobbying firm shall, within the 30-day period, notify the person
  552  designated to review the timeliness of reports in writing of his
  553  or her intention to bring the matter before the authority or
  554  district.
  555         6. The person designated to review the timeliness of
  556  reports shall notify the authority or district of the failure of
  557  a lobbying firm to file a report after notice or the failure of
  558  a lobbying firm to pay the fine imposed. All lobbyist
  559  registrations for lobbyists who are partners, owners, officers,
  560  or employees of a lobbying firm that fails to timely pay a fine
  561  are automatically suspended until the fine is paid or waived,
  562  and the authority or district shall promptly notify all affected
  563  principals of each suspension and each reinstatement.
  564         7. A fine imposed under this subsection which is not waived
  565  by final order of the authority or district and which remains
  566  unpaid more than 60 days after the notice of payment due or more
  567  than 60 days after the authority or district renders a final
  568  order on the lobbying firm’s appeal may be recorded as a
  569  judgment in the appropriate circuit court. The authority or
  570  district may take any actions necessary to enforce the judgment.
  571         (7)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
  572  other provision of law to the contrary, no lobbyist or principal
  573  shall make, directly or indirectly, and no expressway authority,
  574  independent special district, or port authority official,
  575  member, or employee shall knowingly accept, directly or
  576  indirectly, any expenditure.
  577         (b) No person shall provide compensation for lobbying to an
  578  individual or business entity that is not a lobbying firm.
  579         (8) The commission has exclusive jurisdiction of complaints
  580  alleging that a person covered by this section has failed to
  581  register, has failed to submit a compensation report, has made
  582  or received a prohibited expenditure, or has knowingly submitted
  583  false information in any report or registration required under
  584  this section. The complaint proceedings must be conducted
  585  pursuant to s. 112.324. The commission shall investigate any
  586  lobbying firm, lobbyist, principal, agency, officer, or employee
  587  upon receipt of information from a sworn complaint or from a
  588  random audit of lobbying reports indicating a possible violation
  589  other than a late-filed report.
  590         (9) Any person who is required to be registered or to
  591  provide information under this section or under procedures
  592  established pursuant to this section and who knowingly fails to
  593  disclose any material fact that is required by this section or
  594  procedures established pursuant to this section, or who
  595  knowingly provides false information on any report required by
  596  this section or by procedures established pursuant to this
  597  section, commits a noncriminal infraction, punishable by a fine
  598  not to exceed $5,000. Such penalty is in addition to any other
  599  penalty assessed pursuant to subsection (8).
  600         (10) If a person is uncertain about the applicability and
  601  interpretation of this section, he or she may submit in writing
  602  the facts of the situation to the commission with a request for
  603  an advisory opinion to establish his or her standard of duty. An
  604  advisory opinion shall be rendered by the commission and, until
  605  amended or revoked, shall be binding on the conduct of the
  606  person who sought the opinion, unless material facts were
  607  omitted or misstated in the request.
  608         (11) An expressway authority, independent special district,
  609  or port authority shall be diligent to ascertain whether persons
  610  required to register pursuant to this section have complied. An
  611  authority or district may not knowingly authorize a person who
  612  is not registered pursuant to this section to lobby the
  613  authority or district.
  614         (12) Upon discovery of a violation of this section, an
  615  expressway authority, an independent special district, a port
  616  authority, or any person may file a sworn complaint with the
  617  commission.
  618         (13) An expressway authority, independent special district,
  619  and port authority shall establish policies and procedures to
  620  administer this section, including the forms for registration
  621  and compensation reports and procedures for registration. All
  622  policies and procedures adopted by an authority or district
  623  shall be posted on the authority’s or district’s website or be
  624  made available by regular mail or e-mail upon request.
  625         Section 9. Paragraph (c) of subsection (1) of section
  626  288.901, Florida Statutes, is amended to read:
  627         288.901 Enterprise Florida, Inc.—
  628         (1) CREATION.—
  629         (c) The Legislature determines that it is in the public
  630  interest that for the members of the Enterprise Florida, Inc.,
  631  board of directors to be subject to the requirements of s.
  632  112.313, including s. 112.313(9); s. 112.3135; ss.112.3135, and
  633  s. 112.3143(2), and 112.313, excluding s. 112.313(2),
  634  notwithstanding the fact that the board members are not public
  635  officers or employees. For purposes of those sections, the board
  636  members shall be considered to be public officers or employees.
  637  The exemption set forth in s. 112.313(12) for advisory boards
  638  applies to the members of the Enterprise Florida, Inc., board of
  639  directors. Further, each member of the board of directors who is
  640  not otherwise required to file financial disclosures pursuant to
  641  s. 8, Art. II of the State Constitution or s. 112.3144, shall
  642  file disclosure of financial interests pursuant to s. 112.3145.
  643         Section 10. Present paragraph (b) of subsection (2) of
  644  section 288.92, Florida Statutes, is redesignated as paragraph
  645  (c), and a new paragraph (b) is added to that subsection, to
  646  read:
  647         288.92 Divisions of Enterprise Florida, Inc.—
  648         (2)
  649         (b) The Legislature determines that it is in the public
  650  interest that the officers and agents of the divisions of
  651  Enterprise Florida, Inc., including any corporations created to
  652  carry out its missions, be subject to s. 112.313, including s.
  653  112.313(9); s. 112.3135; and s. 112.3143(2), notwithstanding the
  654  fact that the division officers and agents are not public
  655  officers or employees.
  656         Section 11. Paragraph (a) of subsection (3) of section
  657  288.9604, Florida Statutes, is amended to read:
  658         288.9604 Creation of the authority.—
  659         (3)(a)1. A director may not shall receive no compensation
  660  for his or her services, but is entitled to the necessary
  661  expenses, including travel expenses, incurred in the discharge
  662  of his or her duties. Each director shall hold office until his
  663  or her successor has been appointed.
  664         2. The Legislature determines that it is in the public
  665  interest that a director of the board of directors of the
  666  Florida Development Finance Corporation be subject to s.
  667  112.313, including s. 112.313(9); s. 112.3135; and s.
  668  112.3143(2), notwithstanding the fact that the directors are not
  669  public officers or employees. For purposes of these sections,
  670  the directors shall be considered to be public officers or
  671  employees.
  672         Section 12. Section 331.3081, Florida Statutes, is amended
  673  to read:
  674         331.3081 Board of directors.—
  675         (1) Space Florida shall be governed by a 13-member
  676  independent board of directors that consists of the members
  677  appointed to the board of directors of Enterprise Florida, Inc.,
  678  by the Governor, the President of the Senate, and the Speaker of
  679  the House of Representatives pursuant to s. 288.901(5)(a)7. and
  680  the Governor, who shall serve ex officio, or who may appoint a
  681  designee to serve, as the chair and a voting member of the
  682  board.
  683         (2) The Legislature determines that it is in the public
  684  interest that members of Space Florida’s board of directors be
  685  subject to s. 112.313, including s. 112.313(9); s. 112.3135; and
  686  s. 112.3143(2), notwithstanding the fact that the board members
  687  are not public officers or employees. For purposes of these
  688  sections, the board members shall be considered to be public
  689  officers or employees.
  690         Section 13. Paragraph (d) of subsection (6) of section
  691  627.351, Florida Statutes, is amended to read:
  692         627.351 Insurance risk apportionment plans.—
  693         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  694         (d)1. All prospective employees for senior management
  695  positions, as defined by the plan of operation, are subject to
  696  background checks as a prerequisite for employment. The office
  697  shall conduct the background checks pursuant to ss. 624.34,
  698  624.404(3), and 628.261.
  699         2. On or before July 1 of each year, employees of the
  700  corporation must sign and submit a statement attesting that they
  701  do not have a conflict of interest, as defined in part III of
  702  chapter 112. As a condition of employment, all prospective
  703  employees must sign and submit to the corporation a conflict-of
  704  interest statement.
  705         3. Senior managers and members of the board of governors
  706  are subject to part III of chapter 112, including, but not
  707  limited to, the code of ethics and public disclosure and
  708  reporting of financial interests, pursuant to s. 112.3145. For
  709  purposes of part III of chapter 112, the senior managers and
  710  members of the board of governors shall be considered to be
  711  public officers or employees. Notwithstanding s. 112.3143(2), a
  712  board member may not vote on any measure that would inure to his
  713  or her special private gain or loss; that he or she knows would
  714  inure to the special private gain or loss of any principal by
  715  whom he or she is retained or to the parent organization or
  716  subsidiary of a corporate principal by which he or she is
  717  retained, other than an agency as defined in s. 112.312; or that
  718  he or she knows would inure to the special private gain or loss
  719  of a relative or business associate of the public officer.
  720  Before the vote is taken, such member shall publicly state to
  721  the assembly the nature of his or her interest in the matter
  722  from which he or she is abstaining from voting and, within 15
  723  days after the vote occurs, disclose the nature of his or her
  724  interest as a public record in a memorandum filed with the
  725  person responsible for recording the minutes of the meeting, who
  726  shall incorporate the memorandum in the minutes. Senior managers
  727  and board members are also required to file such disclosures
  728  with the Commission on Ethics and the Office of Insurance
  729  Regulation. The executive director of the corporation or his or
  730  her designee shall notify each existing and newly appointed
  731  member of the board of governors and senior managers of their
  732  duty to comply with the reporting requirements of part III of
  733  chapter 112. At least quarterly, the executive director or his
  734  or her designee shall submit to the Commission on Ethics a list
  735  of names of the senior managers and members of the board of
  736  governors who are subject to the public disclosure requirements
  737  under s. 112.3145.
  738         4. A former member of the board of governors is prohibited
  739  from representing another person or entity before the
  740  corporation for 2 years after termination of service on the
  741  board of governors. A former member of the board of governors is
  742  also prohibited from entering into employment or a contractual
  743  relationship with an insurer that entered into a take-out bonus
  744  agreement with the corporation while the former member served on
  745  the board of governors for a period of 2 years after the former
  746  member’s termination of service on the board of governors.
  747         5.4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  748  other provision of law, an employee or board member may not
  749  knowingly accept, directly or indirectly, any gift or
  750  expenditure from a person or entity, or an employee or
  751  representative of such person or entity, which has a contractual
  752  relationship with the corporation or who is under consideration
  753  for a contract. An employee or board member who fails to comply
  754  with subparagraph 3. or this subparagraph is subject to
  755  penalties provided under ss. 112.317 and 112.3173.
  756         6.5. Any senior manager of the corporation who is employed
  757  on or after January 1, 2007, regardless of the date of hire, who
  758  subsequently retires or terminates employment is prohibited from
  759  representing another person or entity before the corporation for
  760  2 years after retirement or termination of employment from the
  761  corporation.
  762         7.6. Any senior manager of the corporation who is employed
  763  on or after January 1, 2007, regardless of the date of hire, who
  764  subsequently retires or terminates employment is prohibited from
  765  having any employment or contractual relationship for 2 years
  766  with an insurer that has entered into a take-out bonus agreement
  767  with the corporation.
  768         Section 14. This act shall take effect July 1, 2014.