Florida Senate - 2014                       CS for CS for SB 846
       
       
        
       By the Committees on Community Affairs; and Ethics and
       Elections; and Senator Latvala
       
       
       
       
       578-02189A-14                                          2014846c2
    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; revising the conditions under
   14         which a qualifying officer forwards a full and public
   15         disclosure of financial interests to the Commission on
   16         Ethics; authorizing the Commission on Ethics to
   17         initiate an investigation and hold a public hearing
   18         without receipt of a complaint in certain
   19         circumstances; requiring the commission to enter an
   20         order recommending removal of an officer or public
   21         employee from public office or public employment in
   22         certain circumstances; prohibiting the commission from
   23         taking action on a complaint alleging certain errors
   24         or omissions on a disclosure; providing that failure
   25         to certify completion of annual ethics training on a
   26         disclosure does not constitute an immaterial,
   27         inconsequential, or de minimis error or omission;
   28         amending s. 112.3145, F.S.; requiring an officer
   29         required to participate in annual ethics training to
   30         certify participation on his or her statement of
   31         financial interests; authorizing the Commission on
   32         Ethics to initiate an investigation and hold a public
   33         hearing without receipt of a complaint in certain
   34         circumstances; requiring the commission to enter an
   35         order to remove an officer or public employee from
   36         public office or public employment in certain
   37         circumstances; prohibiting the commission from taking
   38         action on a complaint alleging certain errors or
   39         omissions on a statement; providing that failure to
   40         certify completion of annual ethics training on a
   41         statement does not constitute an immaterial,
   42         inconsequential, or de minimis error or omission;
   43         amending s. 112.31455, F.S.; authorizing the Chief
   44         Financial Officer or governing body to withhold the
   45         entire amount of a fine owed and related
   46         administrative costs from salary-related payments of
   47         certain individuals; authorizing the Chief Financial
   48         Officer or governing body to reduce the amount
   49         withheld if an individual can demonstrate a hardship;
   50         creating s. 112.31456, F.S.; authorizing the
   51         commission to seek wage garnishment of certain
   52         individuals to satisfy unpaid fines; authorizing the
   53         commission to refer unpaid fines to a collection
   54         agency; establishing a statute of limitations with
   55         respect to the collection of an unpaid fine; creating
   56         s. 112.3251, F.S.; requiring citizen support and
   57         direct-support organizations to adopt a code of
   58         ethics; establishing minimum requirements for a code
   59         of ethics; creating s. 112.3261, F.S.; defining terms;
   60         prohibiting a person from lobbying a governmental
   61         entity until registering; establishing registration
   62         requirements; requiring public availability of
   63         lobbyist registrations; establishing procedures for
   64         termination of a lobbyist’s registration; authorizing
   65         a governmental entity to establish a registration fee;
   66         requiring a governmental entity to monitor compliance
   67         with registration requirements; authorizing a
   68         governmental entity or person to file a complaint with
   69         the commission; amending s. 288.901, F.S.; specifying
   70         the applicability of certain provisions of the Code of
   71         Ethics for Public Officers and Employees to members of
   72         the Enterprise Florida, Inc., board of directors;
   73         amending s. 288.92, F.S.; specifying the applicability
   74         of certain provisions of the Code of Ethics for Public
   75         Officers and Employees to certain officers associated
   76         with the divisions of Enterprise Florida, Inc.;
   77         prohibiting such officers from representing a person
   78         or entity for compensation before Enterprise Florida,
   79         Inc., for a specified timeframe; amending s. 288.9604,
   80         F.S.; specifying the applicability of certain
   81         provisions of the Code of Ethics for Public Officers
   82         and Employees to the board of directors of the Florida
   83         Development Finance Corporation; amending s. 627.351,
   84         F.S.; specifying the applicability of certain
   85         provisions of the Code of Ethics for Public Officers
   86         and Employees to the executive director of Citizens
   87         Property Insurance Corporation; prohibiting a former
   88         executive director, senior manager, or member of the
   89         board of governors of the corporation from
   90         representing another person or entity before the
   91         corporation for a specified timeframe; prohibiting a
   92         former executive director, senior manager, or member
   93         of the board of governors from entering employment or
   94         a contractual relationship for a specified timeframe
   95         with certain insurers; providing an effective date.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (b) of subsection (1) of section
  100  28.35, Florida Statutes, is amended to read:
  101         28.35 Florida Clerks of Court Operations Corporation.—
  102         (1)
  103         (b)1. The executive council shall be composed of eight
  104  clerks of the court elected by the clerks of the courts for a
  105  term of 2 years, with two clerks from counties with a population
  106  of fewer than 100,000, two clerks from counties with a
  107  population of at least 100,000 but fewer than 500,000, two
  108  clerks from counties with a population of at least 500,000 but
  109  fewer than 1 million, and two clerks from counties with a
  110  population of more than 1 million or more. The executive council
  111  shall also include, as ex officio members, a designee of the
  112  President of the Senate and a designee of the Speaker of the
  113  House of Representatives. The Chief Justice of the Supreme Court
  114  shall designate one additional member to represent the state
  115  courts system.
  116         2. The Legislature determines that it is in the public
  117  interest that the members of the executive council of the
  118  corporation be subject to the requirements of ss. 112.313,
  119  112.3135, and 112.3143(2), notwithstanding the fact that the
  120  council members are not public officers or employees. For
  121  purposes of these sections, the council members shall be
  122  considered to be public officers or employees.
  123         3. A member of the executive council of the corporation may
  124  not represent another person or entity for compensation before
  125  the corporation for a period of 2 years following his or her
  126  service on the executive council.
  127         Section 2. Section 112.3142, Florida Statutes, is amended
  128  to read:
  129         112.3142 Ethics training for specified constitutional
  130  officers and elected municipal officers.—
  131         (1) As used in this section, the term “constitutional
  132  officers” includes the Governor, the Lieutenant Governor, the
  133  Attorney General, the Chief Financial Officer, the Commissioner
  134  of Agriculture, state attorneys, public defenders, sheriffs, tax
  135  collectors, property appraisers, supervisors of elections,
  136  clerks of the circuit court, county commissioners, district
  137  school board members, and superintendents of schools.
  138         (2)(a) All constitutional officers must complete 4 hours of
  139  ethics training each calendar year which annually that
  140  addresses, at a minimum, s. 8, Art. II of the State
  141  Constitution, the Code of Ethics for Public Officers and
  142  Employees, and the public records and public meetings laws of
  143  this state. This requirement may be satisfied by completion of a
  144  continuing legal education class or other continuing
  145  professional education class, seminar, or presentation if the
  146  required subjects are covered.
  147         (b) Beginning January 1, 2015, all elected municipal
  148  officers must complete 4 hours of ethics training each calendar
  149  year which addresses, at a minimum, s. 8, Art. II of the State
  150  Constitution, the Code of Ethics for Public Officers and
  151  Employees, and the public records and public meetings laws of
  152  this state. This requirement may be satisfied by completion of a
  153  continuing legal education class or other continuing
  154  professional education class, seminar, or presentation if the
  155  required subjects are covered.
  156         (c)(b) The commission shall adopt rules establishing
  157  minimum course content for the portion of an ethics training
  158  class which that addresses s. 8, Art. II of the State
  159  Constitution and the Code of Ethics for Public Officers and
  160  Employees.
  161         (d) The Legislature intends that a constitutional officer
  162  or elected municipal officer who is required to complete ethics
  163  training pursuant to this section receive the required training
  164  as close as possible to the date that he or she assumes office.
  165  A constitutional officer or elected municipal officer assuming a
  166  new office or new term of office on or before March 31 must
  167  complete the annual training on or before December 31 of the
  168  year in which the term of office began. A constitutional officer
  169  or elected municipal officer assuming a new office after March
  170  31 is not required to complete ethics training for the calendar
  171  year in which he or she assumes the new office.
  172         (3) Each house of the Legislature shall provide for ethics
  173  training pursuant to its rules.
  174         Section 3. Subsections (1) and (2), paragraph (g) of
  175  subsection (5), and paragraphs (a) and (c) of present subsection
  176  (7) of section 112.3144, Florida Statutes, are amended, present
  177  subsections (6) through (9) of that section are redesignated as
  178  subsections (7) through (10), respectively, and a new subsection
  179  (6) is added to that section, to read:
  180         112.3144 Full and public disclosure of financial
  181  interests.—
  182         (1) An officer who is required by s. 8, Art. II of the
  183  State Constitution to file a full and public disclosure of his
  184  or her financial interests for any calendar or fiscal year shall
  185  file that disclosure with the Florida Commission on Ethics.
  186  Additionally, beginning January 1, 2015, an officer who is
  187  required to complete annual ethics training pursuant to s.
  188  112.3142 must certify on his or her full and public disclosure
  189  of financial interests that he or she has completed the required
  190  training.
  191         (2) A person who is required, pursuant to s. 8, Art. II of
  192  the State Constitution, to file a full and public disclosure of
  193  financial interests and who has filed a full and public
  194  disclosure of financial interests for any calendar or fiscal
  195  year shall not be required to file a statement of financial
  196  interests pursuant to s. 112.3145(2) and (3) for the same year
  197  or for any part thereof notwithstanding any requirement of this
  198  part. If an incumbent in an elective office has filed the full
  199  and public disclosure of financial interests to qualify for
  200  election to the same office or if When a candidate has qualified
  201  for office holds another office subject to the annual filing
  202  requirement, the qualifying officer shall forward an electronic
  203  copy of the full and public disclosure of financial interests to
  204  the commission no later than July 1. The electronic copy of the
  205  full and public disclosure of financial interests satisfies the
  206  annual disclosure requirement of this section. A candidate who
  207  does not qualify until after the annual full and public
  208  disclosure of financial interests has been filed pursuant to
  209  this section shall file a copy of his or her disclosure with the
  210  officer before whom he or she qualifies.
  211         (5) Forms for compliance with the full and public
  212  disclosure requirements of s. 8, Art. II of the State
  213  Constitution shall be created by the Commission on Ethics. The
  214  commission shall give notice of disclosure deadlines and
  215  delinquencies and distribute forms in the following manner:
  216         (g) The notification requirements and fines of this
  217  subsection do not apply to candidates or to the first filing
  218  required of any person appointed to elective constitutional
  219  office or other position required to file full and public
  220  disclosure, unless the person’s name is on the commission’s
  221  notification list and the person received notification from the
  222  commission. The appointing official shall notify such newly
  223  appointed person of the obligation to file full and public
  224  disclosure by July 1. The notification requirements and fines of
  225  this subsection do not apply to the final filing provided for in
  226  subsection (7)(6).
  227         (6) If a person holding public office or public employment
  228  fails or refuses to file a full and public disclosure of
  229  financial interests for any year in which the person received
  230  notice from the commission regarding the failure to file and has
  231  accrued the maximum automatic fine authorized under this
  232  section, regardless of whether the fine imposed was paid or
  233  collected, the commission may initiate an investigation and
  234  conduct a public hearing without receipt of a complaint to
  235  determine whether the person’s failure to file is willful. Such
  236  investigation and hearing must be conducted in accordance with
  237  s. 112.324. Except as provided in s. 112.324(4), if the
  238  commission determines that the person willfully failed to file a
  239  full and public disclosure of financial interests, the
  240  commission shall enter an order recommending that the officer or
  241  employee be removed from his or her public office or public
  242  employment.
  243         (8)(7)(a) The commission shall treat an amended full and
  244  public disclosure of financial interests which that is filed
  245  before prior to September 1 of the current year in which the
  246  disclosure is due as the original filing, regardless of whether
  247  a complaint has been filed. If a complaint pertaining to the
  248  current year alleges a failure to properly and accurately
  249  disclose any information required by this section or if a
  250  complaint filed pertaining to a previous reporting period within
  251  the preceding 5 years alleges a failure to properly and
  252  accurately disclose any information required to be disclosed by
  253  this section, the commission may immediately follow complaint
  254  procedures in s. 112.324. However, If a complaint filed after
  255  August 25 alleges only an immaterial, inconsequential, or de
  256  minimis error or omission, the commission may not take any
  257  action on the complaint, other than notifying the filer of the
  258  complaint. The filer must be given 30 days to file an amended
  259  full and public disclosure of financial interests correcting any
  260  errors. If the filer does not file an amended full and public
  261  disclosure of financial interests within 30 days after the
  262  commission sends notice of the complaint, the commission may
  263  continue with proceedings pursuant to s. 112.324.
  264         (c) For purposes of this section, an error or omission is
  265  immaterial, inconsequential, or de minimis if the original
  266  filing provided sufficient information for the public to
  267  identify potential conflicts of interest. However, failure to
  268  certify completion of annual ethics training required under s.
  269  112.3142 does not constitute an immaterial, inconsequential, or
  270  de minimis error or omission.
  271         Section 4. Present subsections (4) through (11) of section
  272  112.3145, Florida Statutes, are redesignated as subsections (5)
  273  through (12), respectively, a new subsection (4) is added to
  274  that section, paragraph (c) is added to present subsection (7)
  275  of that section, and paragraphs (a) and (c) of present
  276  subsection (9) of that section are amended, to read:
  277         112.3145 Disclosure of financial interests and clients
  278  represented before agencies.—
  279         (4) Beginning January 1, 2015, an officer who is required
  280  to complete annual ethics training pursuant to s. 112.3142 must
  281  certify on his or her statement of financial interests that he
  282  or she has completed the required training.
  283         (8)(7)
  284         (c) If a person holding public office or public employment
  285  fails or refuses to file an annual statement of financial
  286  interests for any year in which the person received notice from
  287  the commission regarding the failure to file and has accrued the
  288  maximum automatic fine authorized under this section, regardless
  289  of whether the fine imposed was paid or collected, the
  290  commission may initiate an investigation and conduct a public
  291  hearing without receipt of a complaint to determine whether the
  292  person’s failure to file is willful. Such investigation and
  293  hearing must be conducted in accordance with s. 112.324. Except
  294  as provided in s. 112.324(4), if the commission determines that
  295  the person willfully failed to file a statement of financial
  296  interests, the commission shall enter an order recommending that
  297  the officer or employee be removed from his or her public office
  298  or public employment.
  299         (10)(9)(a) The commission shall treat an amended annual
  300  statement of financial interests which that is filed before
  301  prior to September 1 of the current year in which the statement
  302  is due as the original filing, regardless of whether a complaint
  303  has been filed. If a complaint pertaining to the current year
  304  alleges a failure to properly and accurately disclose any
  305  information required by this section or if a complaint filed
  306  pertaining to a previous reporting period within the preceding 5
  307  years alleges a failure to properly and accurately disclose any
  308  information required to be disclosed by this section, the
  309  commission may immediately follow complaint procedures in s.
  310  112.324. However, If a complaint filed after August 25 alleges
  311  only an immaterial, inconsequential, or de minimis error or
  312  omission, the commission may not take any action on the
  313  complaint, other than notifying the filer of the complaint. The
  314  filer must be given 30 days to file an amended statement of
  315  financial interests correcting any errors. If the filer does not
  316  file an amended statement of financial interests within 30 days
  317  after the commission sends notice of the complaint, the
  318  commission may continue with proceedings pursuant to s. 112.324.
  319         (c) For purposes of this section, an error or omission is
  320  immaterial, inconsequential, or de minimis if the original
  321  filing provided sufficient information for the public to
  322  identify potential conflicts of interest. However, failure to
  323  certify completion of annual ethics training required under s.
  324  112.3142 does not constitute an immaterial, inconsequential, or
  325  de minimis error or omission.
  326         Section 5. Section 112.31455, Florida Statutes, is amended
  327  to read:
  328         112.31455 Withholding of public salary-related payments
  329  Collection methods for unpaid automatic fines for failure to
  330  timely file disclosure of financial interests.—
  331         (1) Before referring any unpaid fine accrued pursuant to s.
  332  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  333  of Financial Services, the commission shall attempt to determine
  334  whether the individual owing such a fine is a current public
  335  officer or current public employee. If so, the commission may
  336  notify the Chief Financial Officer or the governing body of the
  337  appropriate county, municipality, or special district of the
  338  total amount of any fine owed to the commission by such
  339  individual.
  340         (a) After receipt and verification of the notice from the
  341  commission, the Chief Financial Officer or the governing body of
  342  the county, municipality, or special district shall withhold the
  343  entire amount of any fine owed, and any administrative costs
  344  incurred, from the individual’s next salary-related payment. If
  345  the fine exceeds the amount of the next salary-related payment,
  346  all salary-related payments must be withheld until the fine and
  347  administrative costs are paid in full begin withholding the
  348  lesser of 10 percent or the maximum amount allowed under federal
  349  law from any salary-related payment. The withheld payments shall
  350  be remitted to the commission until the fine is satisfied.
  351         (b) The Chief Financial Officer or the governing body of
  352  the county, municipality, or special district may retain an
  353  amount of each withheld payment, as provided in s. 77.0305, to
  354  cover the administrative costs incurred under this section.
  355         (c) If a current public officer or current public employee
  356  demonstrates to the Chief Financial Officer or the governing
  357  body responsible for paying him or her that the public salary is
  358  his or her primary source of income and that withholding the
  359  full amount of any fine owed from a salary-related payment would
  360  present an undue hardship, the amount withheld from a public
  361  salary may be reduced to not less than 10 percent of the salary
  362  related payment.
  363         (2) If the commission determines that the individual who is
  364  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  365  or s. 112.3145(6) is no longer a public officer or public
  366  employee or if the commission is unable to determine whether the
  367  individual is a current public officer or public employee, the
  368  commission may, 6 months after the order becomes final, seek
  369  garnishment of any wages to satisfy the amount of the fine, or
  370  any unpaid portion thereof, pursuant to chapter 77. Upon
  371  recording the order imposing the fine with the clerk of the
  372  circuit court, the order shall be deemed a judgment for purposes
  373  of garnishment pursuant to chapter 77.
  374         (2)(3) The commission may refer unpaid fines to the
  375  appropriate collection agency, as directed by the Chief
  376  Financial Officer, to utilize any collection methods provided by
  377  law. Except as expressly limited by this section, any other
  378  collection methods authorized by law are allowed.
  379         (3)(4) Action may be taken to collect any unpaid fine
  380  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  381  date the final order is rendered.
  382         Section 6. Section 112.31456, Florida Statutes, is created
  383  to read:
  384         112.31456 Garnishment of wages for unpaid automatic fines
  385  for failure to timely file disclosure of financial interests.—
  386         (1) Before referring any unpaid fine accrued pursuant to s.
  387  112.3144(5) or s. 112.3145(7) to the Department of Financial
  388  Services, the commission shall attempt to determine whether the
  389  individual owing such fine is a current public officer or
  390  current public employee. If the commission determines that an
  391  individual who is the subject of an unpaid fine accrued pursuant
  392  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  393  officer or public employee or the commission is unable to
  394  determine whether the individual is a current public officer or
  395  public employee, the commission may, 6 months after the order
  396  becomes final, seek garnishment of any wages to satisfy the
  397  amount of the fine, or any unpaid portion thereof, pursuant to
  398  chapter 77. Upon recording the order imposing the fine with the
  399  clerk of the circuit court, the order shall be deemed a judgment
  400  for purposes of garnishment pursuant to chapter 77.
  401         (2) The commission may refer unpaid fines to the
  402  appropriate collection agency, as directed by the Chief
  403  Financial Officer, to use any collection methods provided by
  404  law. Except as expressly limited by this section, any other
  405  collection methods authorized by law are allowed.
  406         (3) Action may be taken to collect any unpaid fine imposed
  407  by ss. 112.3144 and 112.3145 within 20 years after the date the
  408  final order is rendered.
  409         Section 7. Section 112.3251, Florida Statutes, is created
  410  to read:
  411         112.3251Citizen support and direct-support organizations;
  412  standards of conduct.—A citizen support or direct-support
  413  organization created or authorized pursuant to law must adopt
  414  its own ethics code. The ethics code must contain the standards
  415  of conduct and disclosures required under ss. 112.313 and
  416  112.3143(2), respectively. However, an ethics code adopted
  417  pursuant to this section is not required to contain the
  418  standards of conduct specified in s. 112.313(3) or (7). The
  419  citizen support or direct-support organization may adopt
  420  additional or more stringent standards of conduct and disclosure
  421  requirements, provided that those standards of conduct and
  422  disclosure requirements do not otherwise conflict with this
  423  part. The ethics code must be conspicuously posted on the
  424  website of the citizen support or direct-support organization.
  425         Section 8. Section 112.3261, Florida Statutes, is created
  426  to read:
  427         112.3261 Lobbying before governmental entities;
  428  registration and reporting.—
  429         (1) As used in this section, the term:
  430         (a) “Governmental entity” means a water management
  431  district, a hospital district, a children’s services district,
  432  an expressway authority as the term “authority” is defined in s.
  433  348.0002, a port authority as the term is defined in s. 315.02,
  434  or an independent special district with annual revenues of more
  435  than $5 million that exercises ad valorem taxing authority.
  436         (b) “Lobbies” means seeking, on behalf of another person,
  437  to influence a governmental entity with respect to a decision of
  438  the entity in an area of policy or procurement or an attempt to
  439  obtain the goodwill of an entity official or employee.
  440         (c) “Lobbyist” has the same meaning as in s. 112.3215.
  441         (d) “Principal” has the same meaning as in s. 112.3215.
  442         (2) A person may not lobby a governmental entity until such
  443  person has registered as a lobbyist with that entity. Such
  444  registration shall be due upon initially being retained to lobby
  445  and is renewable on a calendar-year basis thereafter. Upon
  446  registration, the person shall provide a statement signed by the
  447  principal or principal’s representative stating that the
  448  registrant is authorized to represent the principal. The
  449  principal shall also identify and designate its main business on
  450  the statement authorizing that lobbyist pursuant to a
  451  classification system approved by the governmental entity. Any
  452  changes to the information required by this section must be
  453  disclosed within 15 days by filing a new registration form. The
  454  registration form shall require each lobbyist to disclose, under
  455  oath, the following:
  456         (a) The lobbyist’s name and business address.
  457         (b) The name and business address of each principal
  458  represented.
  459         (c) The existence of any direct or indirect business
  460  association, partnership, or financial relationship with any
  461  officer or employee of a governmental entity with which he or
  462  she lobbies or intends to lobby.
  463         (d) In lieu of creating its own lobbyist registration
  464  forms, a governmental entity may accept a completed legislative
  465  branch or executive branch lobbyist registration form.
  466         (3) A governmental entity shall make lobbyist registrations
  467  available to the public. If a governmental entity maintains a
  468  website, a database of currently registered lobbyists and
  469  principals must be available on the entity’s website.
  470         (4) A lobbyist shall promptly send a written statement to
  471  the governmental entity cancelling the registration for a
  472  principal upon termination of the lobbyist’s representation of
  473  that principal. A governmental entity may remove the name of a
  474  lobbyist from the list of registered lobbyists if the principal
  475  notifies the entity that a person is no longer authorized to
  476  represent that principal.
  477         (5) A governmental entity may establish an annual lobbyist
  478  registration fee, not to exceed $40, for each principal
  479  represented. The governmental entity may use the moneys
  480  collected only to administer the provisions of this section.
  481         (6) A governmental entity shall be diligent to ascertain
  482  whether persons required to register pursuant to this section
  483  have complied. A governmental entity may not knowingly authorize
  484  a person who is not registered pursuant to this section to lobby
  485  the entity.
  486         (7) Upon discovery of a violation of this section, a
  487  governmental entity or any person may file a sworn complaint
  488  with the commission.
  489         Section 9. Paragraph (c) of subsection (1) of section
  490  288.901, Florida Statutes, is amended, and paragraph (d) is
  491  added to that subsection, to read:
  492         288.901 Enterprise Florida, Inc.—
  493         (1) CREATION.—
  494         (c) The Legislature determines that it is in the public
  495  interest that for the members of the Enterprise Florida, Inc.,
  496  board of directors to be subject to the requirements of ss.
  497  112.313, 112.3135, and 112.3143(2), and 112.313, excluding s.
  498  112.313(2), notwithstanding the fact that the board members are
  499  not public officers or employees. For purposes of those
  500  sections, the board members shall be considered to be public
  501  officers or employees. The exemption set forth in s. 112.313(12)
  502  for advisory boards applies to the members of the Enterprise
  503  Florida, Inc., board of directors. Further, each member of the
  504  board of directors who is not otherwise required to file
  505  financial disclosures pursuant to s. 8, Art. II of the State
  506  Constitution or s. 112.3144, shall file disclosure of financial
  507  interests pursuant to s. 112.3145.
  508         (d) A member of the Enterprise Florida, Inc., board of
  509  directors may not represent another person or entity for
  510  compensation before the corporation for a period of 2 years
  511  following his or her service on the board of directors.
  512         Section 10. Present paragraph (b) of subsection (2) of
  513  section 288.92, Florida Statutes, is redesignated as paragraph
  514  (c), and a new paragraph (b) is added to that subsection, to
  515  read:
  516         288.92 Divisions of Enterprise Florida, Inc.—
  517         (2)
  518         (b)1. The Legislature determines that it is in the public
  519  interest that the following officers be subject to ss. 112.313,
  520  112.3135, and 112.3143(2), notwithstanding the fact that such
  521  officers are not public officers or employees:
  522         a. Officers of the divisions of Enterprise Florida, Inc.;
  523         b. Officers of subsidiaries of Enterprise Florida, Inc.;
  524         c. Officers of corporations created to carry out the
  525  missions of Enterprise Florida, Inc.; and
  526         d. Officers of corporations with which a division is
  527  required by law to contract with to carry out its missions.
  528         2. Such officers may not represent another person or entity
  529  for compensation before Enterprise Florida, Inc., for a period
  530  of 2 years after retirement from or termination of service to
  531  the division.
  532         Section 11. Paragraph (a) of subsection (3) of section
  533  288.9604, Florida Statutes, is amended to read:
  534         288.9604 Creation of the authority.—
  535         (3)(a)1. A director may not shall receive no compensation
  536  for his or her services, but is entitled to the necessary
  537  expenses, including travel expenses, incurred in the discharge
  538  of his or her duties. Each director shall hold office until his
  539  or her successor has been appointed.
  540         2. The Legislature determines that it is in the public
  541  interest that a director of the board of directors of the
  542  Florida Development Finance Corporation be subject to ss.
  543  112.313, 112.3135, and 112.3143(2), notwithstanding the fact
  544  that the directors are not public officers or employees. For
  545  purposes of these sections, the directors shall be considered to
  546  be public officers or employees.
  547         3. A director of the board of directors of the corporation
  548  may not represent another person or entity for compensation
  549  before the corporation for a period of 2 years following his or
  550  her service on the board of directors.
  551         Section 12. Paragraph (d) of subsection (6) of section
  552  627.351, Florida Statutes, is amended to read:
  553         627.351 Insurance risk apportionment plans.—
  554         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  555         (d)1. All prospective employees for senior management
  556  positions, as defined by the plan of operation, are subject to
  557  background checks as a prerequisite for employment. The office
  558  shall conduct the background checks pursuant to ss. 624.34,
  559  624.404(3), and 628.261.
  560         2. On or before July 1 of each year, employees of the
  561  corporation must sign and submit a statement attesting that they
  562  do not have a conflict of interest, as defined in part III of
  563  chapter 112. As a condition of employment, all prospective
  564  employees must sign and submit to the corporation a conflict-of
  565  interest statement.
  566         3. The executive director, senior managers, and members of
  567  the board of governors are subject to part III of chapter 112,
  568  including, but not limited to, the code of ethics and public
  569  disclosure and reporting of financial interests, pursuant to s.
  570  112.3145. Notwithstanding s. 112.3143(2), a board member may not
  571  vote on any measure that would inure to his or her special
  572  private gain or loss; that he or she knows would inure to the
  573  special private gain or loss of any principal by whom he or she
  574  is retained or to the parent organization or subsidiary of a
  575  corporate principal by which he or she is retained, other than
  576  an agency as defined in s. 112.312; or that he or she knows
  577  would inure to the special private gain or loss of a relative or
  578  business associate of the public officer. Before the vote is
  579  taken, such member shall publicly state to the assembly the
  580  nature of his or her interest in the matter from which he or she
  581  is abstaining from voting and, within 15 days after the vote
  582  occurs, disclose the nature of his or her interest as a public
  583  record in a memorandum filed with the person responsible for
  584  recording the minutes of the meeting, who shall incorporate the
  585  memorandum in the minutes. Senior managers and board members are
  586  also required to file such disclosures with the Commission on
  587  Ethics and the Office of Insurance Regulation. The executive
  588  director of the corporation or his or her designee shall notify
  589  each existing and newly appointed member of the board of
  590  governors and senior managers of their duty to comply with the
  591  reporting requirements of part III of chapter 112. At least
  592  quarterly, the executive director or his or her designee shall
  593  submit to the Commission on Ethics a list of names of the senior
  594  managers and members of the board of governors who are subject
  595  to the public disclosure requirements under s. 112.3145.
  596         4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  597  other provision of law, an employee or board member may not
  598  knowingly accept, directly or indirectly, any gift or
  599  expenditure from a person or entity, or an employee or
  600  representative of such person or entity, which has a contractual
  601  relationship with the corporation or who is under consideration
  602  for a contract. An employee or board member who fails to comply
  603  with subparagraph 3. or this subparagraph is subject to
  604  penalties provided under ss. 112.317 and 112.3173.
  605         5. The executive director, a member of the board of
  606  governors, and a any senior manager of the corporation are who
  607  is employed on or after January 1, 2007, regardless of the date
  608  of hire, who subsequently retires or terminates employment is
  609  prohibited from representing another person or entity before the
  610  corporation for 2 years after retirement from or termination of
  611  service to employment from the corporation.
  612         6. The executive director, a member of the board of
  613  governors, and a Any senior manager of the corporation are who
  614  is employed on or after January 1, 2007, regardless of the date
  615  of hire, who subsequently retires or terminates employment is
  616  prohibited from having any employment or contractual
  617  relationship for 2 years after retirement from or termination of
  618  service to the corporation with an insurer that has entered into
  619  a take-out bonus agreement with the corporation.
  620         Section 13. This act shall take effect July 1, 2014.