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:
390 112.3251 Citizen 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.