Florida Senate - 2014                CS for CS for CS for SB 846
       
       
        
       By the Committees on Appropriations; Community Affairs; and
       Ethics and Elections; and Senator Latvala
       
       
       
       
       576-02589-14                                           2014846c3
    1                        A bill to be entitled                      
    2         An act relating to governmental ethics; amending ss.
    3         11.045 and 112.3215, F.S.; defining the term “local
    4         officer”; prohibiting a local officer from registering
    5         to lobby the Legislature or an agency on behalf of
    6         another person or entity other than his or her
    7         political subdivision; authorizing a local officer to
    8         be employed by or contracted with a lobbying firm
    9         under certain circumstances; providing for
   10         applicability; amending s. 28.35, F.S.; specifying the
   11         applicability of certain provisions of the Code of
   12         Ethics for Public Officers and Employees to members of
   13         the executive council of the Florida Clerks of Court
   14         Operations Corporation; amending s. 112.3142, F.S.;
   15         requiring elected municipal officers to participate in
   16         annual ethics training; providing legislative intent;
   17         amending s. 112.3144, F.S.; requiring an officer
   18         required to participate in annual ethics training to
   19         certify participation on his or her full and public
   20         disclosure of financial interests; revising the
   21         conditions under which a qualifying officer forwards a
   22         full and public disclosure of financial interests to
   23         the Commission on Ethics; authorizing the Commission
   24         on Ethics to initiate an investigation and hold a
   25         public hearing without receipt of a complaint in
   26         certain circumstances; requiring the commission to
   27         enter an order recommending removal of an officer or
   28         public employee from public office or public
   29         employment in certain circumstances; prohibiting the
   30         commission from taking action on a complaint alleging
   31         certain errors or omissions on a disclosure; providing
   32         that failure to certify completion of annual ethics
   33         training on a disclosure does not constitute an
   34         immaterial, inconsequential, or de minimis error or
   35         omission; amending s. 112.3145, F.S.; requiring an
   36         officer required to participate in annual ethics
   37         training to certify participation on his or her
   38         statement of financial interests; authorizing the
   39         Commission on Ethics to initiate an investigation and
   40         hold a public hearing without receipt of a complaint
   41         in certain circumstances; requiring the commission to
   42         enter an order to remove an officer or public employee
   43         from public office or public employment in certain
   44         circumstances; prohibiting the commission from taking
   45         action on a complaint alleging certain errors or
   46         omissions on a statement; providing that failure to
   47         certify completion of annual ethics training on a
   48         statement does not constitute an immaterial,
   49         inconsequential, or de minimis error or omission;
   50         amending s. 112.31455, F.S.; authorizing the Chief
   51         Financial Officer or governing body to withhold the
   52         entire amount of a fine owed and related
   53         administrative costs from salary-related payments of
   54         certain individuals; authorizing the Chief Financial
   55         Officer or governing body to reduce the amount
   56         withheld if an individual can demonstrate a hardship;
   57         creating s. 112.31456, F.S.; authorizing the
   58         commission to seek wage garnishment of certain
   59         individuals to satisfy unpaid fines; authorizing the
   60         commission to refer unpaid fines to a collection
   61         agency; establishing a statute of limitations with
   62         respect to the collection of an unpaid fine; creating
   63         s. 112.3251, F.S.; requiring citizen support and
   64         direct-support organizations to adopt a code of
   65         ethics; establishing minimum requirements for a code
   66         of ethics; creating s. 112.3261, F.S.; defining terms;
   67         prohibiting a person from lobbying a governmental
   68         entity until registering; establishing registration
   69         requirements; requiring public availability of
   70         lobbyist registrations; establishing procedures for
   71         termination of a lobbyist’s registration; authorizing
   72         a governmental entity to establish a registration fee;
   73         requiring a governmental entity to monitor compliance
   74         with registration requirements; requiring the
   75         commission to investigate a lobbyist or principal upon
   76         receipt of a sworn complaint containing certain
   77         allegations; requiring the commission to provide the
   78         Governor with a report on the findings and
   79         recommendations resulting from the investigation;
   80         authorizing the Governor to enforce the commission’s
   81         findings and recommendations; amending s. 286.012,
   82         F.S.; revising disclosure requirements with respect to
   83         a voting abstention at a meeting of a governmental
   84         body; authorizing a member to abstain from voting on a
   85         decision, ruling, or act in a quasi-judicial
   86         proceeding under certain circumstances; amending s.
   87         288.901, F.S.; specifying the applicability of certain
   88         provisions of the Code of Ethics for Public Officers
   89         and Employees to the president, senior managers, and
   90         members of the board of directors of Enterprise
   91         Florida, Inc.; prohibiting the president, senior
   92         managers, and board members from representing a person
   93         or entity before the corporation for a specified
   94         timeframe; amending s. 288.92, F.S.; specifying the
   95         applicability of certain provisions of the Code of
   96         Ethics for Public Officers and Employees to certain
   97         officers and board members associated with the
   98         divisions of Enterprise Florida, Inc.; prohibiting
   99         such officers and members from representing a person
  100         or entity for compensation before Enterprise Florida,
  101         Inc., for a specified timeframe; amending s. 288.9604,
  102         F.S.; specifying the applicability of certain
  103         provisions of the Code of Ethics for Public Officers
  104         and Employees to the board of directors of the Florida
  105         Development Finance Corporation; amending s. 627.351,
  106         F.S.; specifying the applicability of certain
  107         provisions of the Code of Ethics for Public Officers
  108         and Employees to the executive director of Citizens
  109         Property Insurance Corporation; prohibiting a former
  110         executive director, senior manager, or member of the
  111         board of governors of the corporation from
  112         representing another person or entity before the
  113         corporation for a specified timeframe; prohibiting a
  114         former executive director, senior manager, or member
  115         of the board of governors from entering employment or
  116         a contractual relationship for a specified timeframe
  117         with certain insurers; amending ss. 11.0455 and
  118         112.32155, F.S.; conforming cross-references to
  119         changes made by the act; providing an effective date.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Subsection (1) of section 11.045, Florida
  124  Statutes, is amended, present subsections (2) through (9) of
  125  that section are renumbered as subsections (3) through (10),
  126  respectively, a new subsection (2) is added to that section, and
  127  present subsections (8) and (9) of that section are amended, to
  128  read:
  129         11.045 Lobbying before the Legislature; registration and
  130  reporting; exemptions; penalties.—
  131         (1) As used in this section, unless the context otherwise
  132  requires:
  133         (a) “Committee” means the committee of each house charged
  134  by the presiding officer with responsibility for ethical conduct
  135  of lobbyists.
  136         (b) “Compensation” means a payment, distribution, loan,
  137  advance, reimbursement, deposit, salary, fee, retainer, or
  138  anything of value provided or owed to a lobbying firm, directly
  139  or indirectly, by a principal for any lobbying activity.
  140         (c) “Expenditure” means a payment, distribution, loan,
  141  advance, reimbursement, deposit, or anything of value made by a
  142  lobbyist or principal for the purpose of lobbying. The term does
  143  not include contributions or expenditures reported pursuant to
  144  chapter 106 or federal election law, campaign-related personal
  145  services provided without compensation by individuals
  146  volunteering their time, any other contribution or expenditure
  147  made by or to a political party or affiliated party committee,
  148  or any other contribution or expenditure made by an organization
  149  that is exempt from taxation under 26 U.S.C. s. 527 or s.
  150  501(c)(4).
  151         (d) “Legislative action” means introduction, sponsorship,
  152  testimony, debate, voting, or any other official action on any
  153  measure, resolution, amendment, nomination, appointment, or
  154  report of, or any matter that may be the subject of action by,
  155  either house of the Legislature or any committee thereof.
  156         (e) “Lobbying” means influencing or attempting to influence
  157  legislative action or nonaction through oral or written
  158  communication or an attempt to obtain the goodwill of a member
  159  or employee of the Legislature.
  160         (f) “Lobbying firm” means any business entity, including an
  161  individual contract lobbyist, which receives or becomes entitled
  162  to receive any compensation for the purpose of lobbying, where
  163  any partner, owner, officer, or employee of the business entity
  164  is a lobbyist.
  165         (g) “Lobbyist” means a person who is employed and receives
  166  payment, or who contracts for economic consideration, for the
  167  purpose of lobbying, or a person who is principally employed for
  168  governmental affairs by another person or governmental entity to
  169  lobby on behalf of that other person or governmental entity.
  170         (h) “Local officer” means a state attorney, public
  171  defender, sheriff, tax collector, property appraiser, supervisor
  172  of elections, clerk of the circuit court, county commissioner,
  173  district school board member, or superintendent of schools.
  174         (i)(h) “Office” means the Office of Legislative Services.
  175         (j)(i) “Principal” means the person, firm, corporation, or
  176  other entity which has employed or retained a lobbyist.
  177         (2) A local officer may not lobby or register to lobby the
  178  Legislature on behalf of a person or entity other than his or
  179  her political subdivision. This subsection does not prohibit a
  180  local officer from being employed by, or contracting with, a
  181  lobbying firm if he or she does not personally represent clients
  182  before the Legislature.
  183         (9)(8) Any person required to be registered or to provide
  184  information pursuant to this section or pursuant to rules
  185  established in conformity with this section who knowingly fails
  186  to disclose any material fact required by this section or by
  187  rules established in conformity with this section, or who
  188  knowingly provides false information on any report required by
  189  this section or by rules established in conformity with this
  190  section, commits a noncriminal infraction, punishable by a fine
  191  not to exceed $5,000. Such penalty shall be in addition to any
  192  other penalty assessed by a house of the Legislature pursuant to
  193  subsection (8) (7).
  194         (10)(9) There is hereby created the Legislative Lobbyist
  195  Registration Trust Fund, to be used for the purpose of funding
  196  any office established for the administration of the
  197  registration of lobbyists lobbying the Legislature, including
  198  the payment of salaries and other expenses, and for the purpose
  199  of paying the expenses incurred by the Legislature in providing
  200  services to lobbyists. The trust fund is not subject to the
  201  service charge to general revenue provisions of chapter 215.
  202  Fees collected pursuant to rules established in accordance with
  203  subsection (3) (2) shall be deposited into the Legislative
  204  Lobbyist Registration Trust Fund.
  205         Section 2. Subsection (1) of section 112.3215, Florida
  206  Statutes, is amended, present subsections (3) through (15) of
  207  that section are renumbered as subsections (4) through (16),
  208  respectively, a new subsection (3) is added to that section, and
  209  present subsection (11) of that section is amended, to read:
  210         112.3215 Lobbying before the executive branch or the
  211  Constitution Revision Commission; registration and reporting;
  212  investigation by commission.—
  213         (1) For the purposes of this section:
  214         (a) “Agency” means the Governor, the Governor and Cabinet,
  215  or any department, division, bureau, board, commission, or
  216  authority of the executive branch. In addition, “agency” shall
  217  mean the Constitution Revision Commission as provided by s. 2,
  218  Art. XI of the State Constitution.
  219         (b) “Agency official” or “employee” means any individual
  220  who is required by law to file full or limited public disclosure
  221  of his or her financial interests.
  222         (c) “Compensation” means a payment, distribution, loan,
  223  advance, reimbursement, deposit, salary, fee, retainer, or
  224  anything of value provided or owed to a lobbying firm, directly
  225  or indirectly, by a principal for any lobbying activity.
  226         (d) “Expenditure” means a payment, distribution, loan,
  227  advance, reimbursement, deposit, or anything of value made by a
  228  lobbyist or principal for the purpose of lobbying. The term
  229  “expenditure” does not include contributions or expenditures
  230  reported pursuant to chapter 106 or contributions or
  231  expenditures reported pursuant to federal election law,
  232  campaign-related personal services provided without compensation
  233  by individuals volunteering their time, any other contribution
  234  or expenditure made by or to a political party or an affiliated
  235  party committee, or any other contribution or expenditure made
  236  by an organization that is exempt from taxation under 26 U.S.C.
  237  s. 527 or s. 501(c)(4).
  238         (e) “Fund” means the Executive Branch Lobby Registration
  239  Trust Fund.
  240         (f) “Lobbies” means seeking, on behalf of another person,
  241  to influence an agency with respect to a decision of the agency
  242  in the area of policy or procurement or an attempt to obtain the
  243  goodwill of an agency official or employee. “Lobbies” also means
  244  influencing or attempting to influence, on behalf of another,
  245  the Constitution Revision Commission’s action or nonaction
  246  through oral or written communication or an attempt to obtain
  247  the goodwill of a member or employee of the Constitution
  248  Revision Commission.
  249         (g) “Lobbying firm” means a business entity, including an
  250  individual contract lobbyist, that receives or becomes entitled
  251  to receive any compensation for the purpose of lobbying, where
  252  any partner, owner, officer, or employee of the business entity
  253  is a lobbyist.
  254         (h) “Lobbyist” means a person who is employed and receives
  255  payment, or who contracts for economic consideration, for the
  256  purpose of lobbying, or a person who is principally employed for
  257  governmental affairs by another person or governmental entity to
  258  lobby on behalf of that other person or governmental entity.
  259  “Lobbyist” does not include a person who is:
  260         1. An attorney, or any person, who represents a client in a
  261  judicial proceeding or in a formal administrative proceeding
  262  conducted pursuant to chapter 120 or any other formal hearing
  263  before an agency, board, commission, or authority of this state.
  264         2. An employee of an agency or of a legislative or judicial
  265  branch entity acting in the normal course of his or her duties.
  266         3. A confidential informant who is providing, or wishes to
  267  provide, confidential information to be used for law enforcement
  268  purposes.
  269         4. A person who lobbies to procure a contract pursuant to
  270  chapter 287 which contract is less than the threshold for
  271  CATEGORY ONE as provided in s. 287.017.
  272         (i) “Local officer” means a state attorney, public
  273  defender, sheriff, tax collector, property appraiser, supervisor
  274  of elections, clerk of the circuit court, county commissioner,
  275  district school board member, or superintendent of schools.
  276         (j)(i) “Principal” means the person, firm, corporation, or
  277  other entity which has employed or retained a lobbyist.
  278         (3) A local officer may not lobby or register to lobby an
  279  agency on behalf of a person or entity other than his or her
  280  political subdivision. This subsection does not prohibit a local
  281  officer from being employed by, or contracting with, a lobbying
  282  firm if he or she does not personally represent clients before
  283  an agency.
  284         (12)(11) Any person who is required to be registered or to
  285  provide information under this section or under rules adopted
  286  pursuant to this section and who knowingly fails to disclose any
  287  material fact that is required by this section or by rules
  288  adopted pursuant to this section, or who knowingly provides
  289  false information on any report required by this section or by
  290  rules adopted pursuant to this section, commits a noncriminal
  291  infraction, punishable by a fine not to exceed $5,000. Such
  292  penalty is in addition to any other penalty assessed by the
  293  Governor and Cabinet pursuant to subsection (11) (10).
  294         Section 3. The amendments made by this act to ss. 11.045
  295  and 112.3215, Florida Statutes, do not apply to a local officer
  296  for the duration of his or her current term of office as of the
  297  effective date of this act. The amendments made by this act to
  298  ss. 11.045 and 112.3215, Florida Statutes, shall apply to a
  299  local officer beginning a new term of office or appointed to
  300  fill an unexpired term after the effective date of this act.
  301         Section 4. Paragraph (b) of subsection (1) of section
  302  28.35, Florida Statutes, is amended to read:
  303         28.35 Florida Clerks of Court Operations Corporation.—
  304         (1)
  305         (b)1. The executive council shall be composed of eight
  306  clerks of the court elected by the clerks of the courts for a
  307  term of 2 years, with two clerks from counties with a population
  308  of fewer than 100,000, two clerks from counties with a
  309  population of at least 100,000 but fewer than 500,000, two
  310  clerks from counties with a population of at least 500,000 but
  311  fewer than 1 million, and two clerks from counties with a
  312  population of more than 1 million or more. The executive council
  313  shall also include, as ex officio members, a designee of the
  314  President of the Senate and a designee of the Speaker of the
  315  House of Representatives. The Chief Justice of the Supreme Court
  316  shall designate one additional member to represent the state
  317  courts system.
  318         2. The Legislature determines that it is in the public
  319  interest that the members of the executive council of the
  320  corporation be subject to the requirements of ss. 112.313,
  321  112.3135, and 112.3143(2), notwithstanding the fact that the
  322  council members are not public officers or employees. For
  323  purposes of these sections, the council members shall be
  324  considered to be public officers or employees.
  325         3. A member of the executive council of the corporation may
  326  not represent another person or entity for compensation before
  327  the corporation for a period of 2 years following his or her
  328  service on the executive council.
  329         Section 5. Section 112.3142, Florida Statutes, is amended
  330  to read:
  331         112.3142 Ethics training for specified constitutional
  332  officers and elected municipal officers.—
  333         (1) As used in this section, the term “constitutional
  334  officers” includes the Governor, the Lieutenant Governor, the
  335  Attorney General, the Chief Financial Officer, the Commissioner
  336  of Agriculture, state attorneys, public defenders, sheriffs, tax
  337  collectors, property appraisers, supervisors of elections,
  338  clerks of the circuit court, county commissioners, district
  339  school board members, and superintendents of schools.
  340         (2)(a) All constitutional officers must complete 4 hours of
  341  ethics training each calendar year which annually that
  342  addresses, at a minimum, s. 8, Art. II of the State
  343  Constitution, the Code of Ethics for Public Officers and
  344  Employees, and the public records and public meetings laws of
  345  this state. This requirement may be satisfied by completion of a
  346  continuing legal education class or other continuing
  347  professional education class, seminar, or presentation if the
  348  required subjects are covered.
  349         (b) Beginning January 1, 2015, all elected municipal
  350  officers must complete 4 hours of ethics training each calendar
  351  year which addresses, at a minimum, s. 8, Art. II of the State
  352  Constitution, the Code of Ethics for Public Officers and
  353  Employees, and the public records and public meetings laws of
  354  this state. This requirement may be satisfied by completion of a
  355  continuing legal education class or other continuing
  356  professional education class, seminar, or presentation if the
  357  required subjects are covered.
  358         (c)(b) The commission shall adopt rules establishing
  359  minimum course content for the portion of an ethics training
  360  class which that addresses s. 8, Art. II of the State
  361  Constitution and the Code of Ethics for Public Officers and
  362  Employees.
  363         (d) The Legislature intends that a constitutional officer
  364  or elected municipal officer who is required to complete ethics
  365  training pursuant to this section receive the required training
  366  as close as possible to the date that he or she assumes office.
  367  A constitutional officer or elected municipal officer assuming a
  368  new office or new term of office on or before March 31 must
  369  complete the annual training on or before December 31 of the
  370  year in which the term of office began. A constitutional officer
  371  or elected municipal officer assuming a new office after March
  372  31 is not required to complete ethics training for the calendar
  373  year in which he or she assumes the new office.
  374         (3) Each house of the Legislature shall provide for ethics
  375  training pursuant to its rules.
  376         Section 6. Subsections (1) and (2), paragraph (g) of
  377  subsection (5), and paragraphs (a) and (c) of present subsection
  378  (7) of section 112.3144, Florida Statutes, are amended, present
  379  subsections (6) through (9) of that section are redesignated as
  380  subsections (7) through (10), respectively, and a new subsection
  381  (6) is added to that section, to read:
  382         112.3144 Full and public disclosure of financial
  383  interests.—
  384         (1) An officer who is required by s. 8, Art. II of the
  385  State Constitution to file a full and public disclosure of his
  386  or her financial interests for any calendar or fiscal year shall
  387  file that disclosure with the Florida Commission on Ethics.
  388  Additionally, beginning January 1, 2015, an officer who is
  389  required to complete annual ethics training pursuant to s.
  390  112.3142 must certify on his or her full and public disclosure
  391  of financial interests that he or she has completed the required
  392  training.
  393         (2) A person who is required, pursuant to s. 8, Art. II of
  394  the State Constitution, to file a full and public disclosure of
  395  financial interests and who has filed a full and public
  396  disclosure of financial interests for any calendar or fiscal
  397  year shall not be required to file a statement of financial
  398  interests pursuant to s. 112.3145(2) and (3) for the same year
  399  or for any part thereof notwithstanding any requirement of this
  400  part. If an incumbent in an elective office has filed the full
  401  and public disclosure of financial interests to qualify for
  402  election to the same office or if When a candidate has qualified
  403  for office holds another office subject to the annual filing
  404  requirement, the qualifying officer shall forward an electronic
  405  copy of the full and public disclosure of financial interests to
  406  the commission no later than July 1. The electronic copy of the
  407  full and public disclosure of financial interests satisfies the
  408  annual disclosure requirement of this section. A candidate who
  409  does not qualify until after the annual full and public
  410  disclosure of financial interests has been filed pursuant to
  411  this section shall file a copy of his or her disclosure with the
  412  officer before whom he or she qualifies.
  413         (5) Forms for compliance with the full and public
  414  disclosure requirements of s. 8, Art. II of the State
  415  Constitution shall be created by the Commission on Ethics. The
  416  commission shall give notice of disclosure deadlines and
  417  delinquencies and distribute forms in the following manner:
  418         (g) The notification requirements and fines of this
  419  subsection do not apply to candidates or to the first filing
  420  required of any person appointed to elective constitutional
  421  office or other position required to file full and public
  422  disclosure, unless the person’s name is on the commission’s
  423  notification list and the person received notification from the
  424  commission. The appointing official shall notify such newly
  425  appointed person of the obligation to file full and public
  426  disclosure by July 1. The notification requirements and fines of
  427  this subsection do not apply to the final filing provided for in
  428  subsection (7)(6).
  429         (6) If a person holding public office or public employment
  430  fails or refuses to file a full and public disclosure of
  431  financial interests for any year in which the person received
  432  notice from the commission regarding the failure to file and has
  433  accrued the maximum automatic fine authorized under this
  434  section, regardless of whether the fine imposed was paid or
  435  collected, the commission may initiate an investigation and
  436  conduct a public hearing without receipt of a complaint to
  437  determine whether the person’s failure to file is willful. Such
  438  investigation and hearing must be conducted in accordance with
  439  s. 112.324. Except as provided in s. 112.324(4), if the
  440  commission determines that the person willfully failed to file a
  441  full and public disclosure of financial interests, the
  442  commission shall enter an order recommending that the officer or
  443  employee be removed from his or her public office or public
  444  employment.
  445         (8)(7)(a) The commission shall treat an amended full and
  446  public disclosure of financial interests which that is filed
  447  before prior to September 1 of the current year in which the
  448  disclosure is due as the original filing, regardless of whether
  449  a complaint has been filed. If a complaint pertaining to the
  450  current year alleges a failure to properly and accurately
  451  disclose any information required by this section or if a
  452  complaint filed pertaining to a previous reporting period within
  453  the preceding 5 years alleges a failure to properly and
  454  accurately disclose any information required to be disclosed by
  455  this section, the commission may immediately follow complaint
  456  procedures in s. 112.324. However, If a complaint filed after
  457  August 25 alleges only an immaterial, inconsequential, or de
  458  minimis error or omission, the commission may not take any
  459  action on the complaint, other than notifying the filer of the
  460  complaint. The filer must be given 30 days to file an amended
  461  full and public disclosure of financial interests correcting any
  462  errors. If the filer does not file an amended full and public
  463  disclosure of financial interests within 30 days after the
  464  commission sends notice of the complaint, the commission may
  465  continue with proceedings pursuant to s. 112.324.
  466         (c) For purposes of this section, an error or omission is
  467  immaterial, inconsequential, or de minimis if the original
  468  filing provided sufficient information for the public to
  469  identify potential conflicts of interest. However, failure to
  470  certify completion of annual ethics training required under s.
  471  112.3142 does not constitute an immaterial, inconsequential, or
  472  de minimis error or omission.
  473         Section 7. Present subsections (4) through (11) of section
  474  112.3145, Florida Statutes, are redesignated as subsections (5)
  475  through (12), respectively, a new subsection (4) is added to
  476  that section, paragraph (c) is added to present subsection (7)
  477  of that section, and paragraphs (a) and (c) of present
  478  subsection (9) of that section are amended, to read:
  479         112.3145 Disclosure of financial interests and clients
  480  represented before agencies.—
  481         (4) Beginning January 1, 2015, an officer who is required
  482  to complete annual ethics training pursuant to s. 112.3142 must
  483  certify on his or her statement of financial interests that he
  484  or she has completed the required training.
  485         (8)(7)
  486         (c) If a person holding public office or public employment
  487  fails or refuses to file an annual statement of financial
  488  interests for any year in which the person received notice from
  489  the commission regarding the failure to file and has accrued the
  490  maximum automatic fine authorized under this section, regardless
  491  of whether the fine imposed was paid or collected, the
  492  commission may initiate an investigation and conduct a public
  493  hearing without receipt of a complaint to determine whether the
  494  person’s failure to file is willful. Such investigation and
  495  hearing must be conducted in accordance with s. 112.324. Except
  496  as provided in s. 112.324(4), if the commission determines that
  497  the person willfully failed to file a statement of financial
  498  interests, the commission shall enter an order recommending that
  499  the officer or employee be removed from his or her public office
  500  or public employment.
  501         (10)(9)(a) The commission shall treat an amended annual
  502  statement of financial interests which that is filed before
  503  prior to September 1 of the current year in which the statement
  504  is due as the original filing, regardless of whether a complaint
  505  has been filed. If a complaint pertaining to the current year
  506  alleges a failure to properly and accurately disclose any
  507  information required by this section or if a complaint filed
  508  pertaining to a previous reporting period within the preceding 5
  509  years alleges a failure to properly and accurately disclose any
  510  information required to be disclosed by this section, the
  511  commission may immediately follow complaint procedures in s.
  512  112.324. However, If a complaint filed after August 25 alleges
  513  only an immaterial, inconsequential, or de minimis error or
  514  omission, the commission may not take any action on the
  515  complaint, other than notifying the filer of the complaint. The
  516  filer must be given 30 days to file an amended statement of
  517  financial interests correcting any errors. If the filer does not
  518  file an amended statement of financial interests within 30 days
  519  after the commission sends notice of the complaint, the
  520  commission may continue with proceedings pursuant to s. 112.324.
  521         (c) For purposes of this section, an error or omission is
  522  immaterial, inconsequential, or de minimis if the original
  523  filing provided sufficient information for the public to
  524  identify potential conflicts of interest. However, failure to
  525  certify completion of annual ethics training required under s.
  526  112.3142 does not constitute an immaterial, inconsequential, or
  527  de minimis error or omission.
  528         Section 8. Section 112.31455, Florida Statutes, is amended
  529  to read:
  530         112.31455 Withholding of public salary-related payments
  531  Collection methods for unpaid automatic fines for failure to
  532  timely file disclosure of financial interests.—
  533         (1) Before referring any unpaid fine accrued pursuant to s.
  534  112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
  535  of Financial Services, the commission shall attempt to determine
  536  whether the individual owing such a fine is a current public
  537  officer or current public employee. If so, the commission may
  538  notify the Chief Financial Officer or the governing body of the
  539  appropriate county, municipality, or special district of the
  540  total amount of any fine owed to the commission by such
  541  individual.
  542         (a) After receipt and verification of the notice from the
  543  commission, the Chief Financial Officer or the governing body of
  544  the county, municipality, or special district shall withhold the
  545  entire amount of any fine owed, and any administrative costs
  546  incurred, from the individual’s next salary-related payment. If
  547  the fine exceeds the amount of the next salary-related payment,
  548  all salary-related payments must be withheld until the fine and
  549  administrative costs are paid in full begin withholding the
  550  lesser of 10 percent or the maximum amount allowed under federal
  551  law from any salary-related payment. The withheld payments shall
  552  be remitted to the commission until the fine is satisfied.
  553         (b) The Chief Financial Officer or the governing body of
  554  the county, municipality, or special district may retain an
  555  amount of each withheld payment, as provided in s. 77.0305, to
  556  cover the administrative costs incurred under this section.
  557         (c) If a current public officer or current public employee
  558  demonstrates to the Chief Financial Officer or the governing
  559  body responsible for paying him or her that the public salary is
  560  his or her primary source of income and that withholding the
  561  full amount of any fine owed from a salary-related payment would
  562  present an undue hardship, the amount withheld from a public
  563  salary may be reduced to not less than 10 percent of the salary
  564  related payment.
  565         (2) If the commission determines that the individual who is
  566  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  567  or s. 112.3145(6) is no longer a public officer or public
  568  employee or if the commission is unable to determine whether the
  569  individual is a current public officer or public employee, the
  570  commission may, 6 months after the order becomes final, seek
  571  garnishment of any wages to satisfy the amount of the fine, or
  572  any unpaid portion thereof, pursuant to chapter 77. Upon
  573  recording the order imposing the fine with the clerk of the
  574  circuit court, the order shall be deemed a judgment for purposes
  575  of garnishment pursuant to chapter 77.
  576         (2)(3) The commission may refer unpaid fines to the
  577  appropriate collection agency, as directed by the Chief
  578  Financial Officer, to utilize any collection methods provided by
  579  law. Except as expressly limited by this section, any other
  580  collection methods authorized by law are allowed.
  581         (3)(4) Action may be taken to collect any unpaid fine
  582  imposed by ss. 112.3144 and 112.3145 within 20 years after the
  583  date the final order is rendered.
  584         Section 9. Section 112.31456, Florida Statutes, is created
  585  to read:
  586         112.31456 Garnishment of wages for unpaid automatic fines
  587  for failure to timely file disclosure of financial interests.—
  588         (1) Before referring any unpaid fine accrued pursuant to s.
  589  112.3144(5) or s. 112.3145(7) to the Department of Financial
  590  Services, the commission shall attempt to determine whether the
  591  individual owing such fine is a current public officer or
  592  current public employee. If the commission determines that an
  593  individual who is the subject of an unpaid fine accrued pursuant
  594  to s. 112.3144(5) or s. 112.3145(7) is no longer a public
  595  officer or public employee or the commission is unable to
  596  determine whether the individual is a current public officer or
  597  public employee, the commission may, 6 months after the order
  598  becomes final, seek garnishment of any wages to satisfy the
  599  amount of the fine, or any unpaid portion thereof, pursuant to
  600  chapter 77. Upon recording the order imposing the fine with the
  601  clerk of the circuit court, the order shall be deemed a judgment
  602  for purposes of garnishment pursuant to chapter 77.
  603         (2) The commission may refer unpaid fines to the
  604  appropriate collection agency, as directed by the Chief
  605  Financial Officer, to use any collection methods provided by
  606  law. Except as expressly limited by this section, any other
  607  collection methods authorized by law are allowed.
  608         (3) Action may be taken to collect any unpaid fine imposed
  609  by ss. 112.3144 and 112.3145 within 20 years after the date the
  610  final order is rendered.
  611         Section 10. Section 112.3251, Florida Statutes, is created
  612  to read:
  613         112.3251Citizen support and direct-support organizations;
  614  standards of conduct.—A citizen support or direct-support
  615  organization created or authorized pursuant to law must adopt
  616  its own ethics code. The ethics code must contain the standards
  617  of conduct and disclosures required under ss. 112.313 and
  618  112.3143(2), respectively. However, an ethics code adopted
  619  pursuant to this section is not required to contain the
  620  standards of conduct specified in s. 112.313(3) or (7). The
  621  citizen support or direct-support organization may adopt
  622  additional or more stringent standards of conduct and disclosure
  623  requirements, provided that those standards of conduct and
  624  disclosure requirements do not otherwise conflict with this
  625  part. The ethics code must be conspicuously posted on the
  626  website of the citizen support or direct-support organization.
  627         Section 11. Section 112.3261, Florida Statutes, is created
  628  to read:
  629         112.3261 Lobbying before governmental entities;
  630  registration and reporting.—
  631         (1) As used in this section, the term:
  632         (a) “Governmental entity” means a water management
  633  district, a hospital district, a children’s services district,
  634  an expressway authority as the term “authority” is defined in s.
  635  348.0002, a port authority as the term is defined in s. 315.02,
  636  or an independent special district with annual revenues of more
  637  than $5 million that exercises ad valorem taxing authority.
  638         (b) “Lobbies” means seeking, on behalf of another person,
  639  to influence a governmental entity with respect to a decision of
  640  the entity in an area of policy or procurement or an attempt to
  641  obtain the goodwill of an entity official or employee.
  642         (c) “Lobbyist” has the same meaning as in s. 112.3215.
  643         (d) “Principal” has the same meaning as in s. 112.3215.
  644         (2) A person may not lobby a governmental entity until such
  645  person has registered as a lobbyist with that entity. Such
  646  registration shall be due upon initially being retained to lobby
  647  and is renewable on a calendar-year basis thereafter. Upon
  648  registration, the person shall provide a statement signed by the
  649  principal or principal’s representative stating that the
  650  registrant is authorized to represent the principal. The
  651  principal shall also identify and designate its main business on
  652  the statement authorizing that lobbyist pursuant to a
  653  classification system approved by the governmental entity. Any
  654  changes to the information required by this section must be
  655  disclosed within 15 days by filing a new registration form. The
  656  registration form shall require each lobbyist to disclose, under
  657  oath, the following:
  658         (a) The lobbyist’s name and business address.
  659         (b) The name and business address of each principal
  660  represented.
  661         (c) The existence of any direct or indirect business
  662  association, partnership, or financial relationship with any
  663  officer or employee of a governmental entity with which he or
  664  she lobbies or intends to lobby.
  665         (d) In lieu of creating its own lobbyist registration
  666  forms, a governmental entity may accept a completed legislative
  667  branch or executive branch lobbyist registration form.
  668         (3) A governmental entity shall make lobbyist registrations
  669  available to the public. If a governmental entity maintains a
  670  website, a database of currently registered lobbyists and
  671  principals must be available on the entity’s website.
  672         (4) A lobbyist shall promptly send a written statement to
  673  the governmental entity cancelling the registration for a
  674  principal upon termination of the lobbyist’s representation of
  675  that principal. A governmental entity may remove the name of a
  676  lobbyist from the list of registered lobbyists if the principal
  677  notifies the entity that a person is no longer authorized to
  678  represent that principal.
  679         (5) A governmental entity may establish an annual lobbyist
  680  registration fee, not to exceed $40, for each principal
  681  represented. The governmental entity may use the moneys
  682  collected only to administer the provisions of this section.
  683         (6) A governmental entity shall be diligent to ascertain
  684  whether persons required to register pursuant to this section
  685  have complied. A governmental entity may not knowingly authorize
  686  a person who is not registered pursuant to this section to lobby
  687  the entity.
  688         (7) Upon receipt of a sworn complaint alleging that a
  689  lobbyist or principal has failed to register with a governmental
  690  entity or has knowingly submitted false information in a report
  691  or registration required under this section, the commission
  692  shall investigate a lobbyist or principal pursuant to the
  693  procedures established under s. 112.324. The commission shall
  694  provide the Governor with a report of its findings and
  695  recommendations in any investigation conducted pursuant to this
  696  subsection. The Governor is authorized to enforce the
  697  commission’s findings and recommendations.
  698         Section 12. Section 286.012, Florida Statutes, is amended
  699  to read:
  700         286.012 Voting requirement at meetings of governmental
  701  bodies.—A No member of a any state, county, or municipal
  702  governmental board, commission, or agency who is present at a
  703  any meeting of any such body at which an official decision,
  704  ruling, or other official act is to be taken or adopted may not
  705  abstain from voting in regard to any such decision, ruling, or
  706  act; and a vote shall be recorded or counted for each such
  707  member present, unless except when, with respect to any such
  708  member, there is, or appears to be, a possible conflict of
  709  interest under the provisions of s. 112.311, s. 112.313, or s.
  710  112.3143, or additional or more stringent standards of conduct,
  711  if any, adopted pursuant to s. 112.326. If there is, or appears
  712  to be, a possible conflict under s. 112.311, s. 112.313, or s.
  713  112.3143, the member shall comply with the disclosure
  714  requirements of s. 112.3143. If the only conflict or possible
  715  conflict is one arising from the additional or more stringent
  716  standards adopted pursuant to s. 112.326, the member shall
  717  comply with any disclosure requirements adopted pursuant to s.
  718  112.326. If the official decision, ruling, or act occurs in the
  719  context of a quasi-judicial proceeding, a member may abstain
  720  from voting on such matter if the abstention is to assure a fair
  721  proceeding free from potential bias or prejudice In such cases,
  722  said member shall comply with the disclosure requirements of s.
  723  112.3143.
  724         Section 13. Paragraph (c) of subsection (1) of section
  725  288.901, Florida Statutes, is amended, and paragraph (d) is
  726  added to that subsection, to read:
  727         288.901 Enterprise Florida, Inc.—
  728         (1) CREATION.—
  729         (c) The Legislature determines that it is in the public
  730  interest that the president, senior managers, and for the
  731  members of the board of directors of Enterprise Florida, Inc.,
  732  board of directors to be subject to the requirements of ss.
  733  112.313, 112.3135, and 112.3143(2), and 112.313, excluding s.
  734  112.313(2), notwithstanding the fact that the board members are
  735  not public officers or employees. For purposes of those
  736  sections, the president, senior managers, and board members
  737  shall be considered to be public officers or employees. The
  738  exemption set forth in s. 112.313(12) for advisory boards
  739  applies to the members of the Enterprise Florida, Inc., board of
  740  directors. Further, each member of the board of directors who is
  741  not otherwise required to file financial disclosures pursuant to
  742  s. 8, Art. II of the State Constitution or s. 112.3144, shall
  743  file disclosure of financial interests pursuant to s. 112.3145.
  744         (d) The president, senior managers, and members of the
  745  board of directors of Enterprise Florida, Inc., may not
  746  represent another person or entity for compensation before the
  747  corporation for a period of 2 years after ending his or her
  748  employment with the corporation or service on the board of
  749  directors.
  750         Section 14. Present paragraph (b) of subsection (2) of
  751  section 288.92, Florida Statutes, is redesignated as paragraph
  752  (c), and a new paragraph (b) is added to that subsection, to
  753  read:
  754         288.92 Divisions of Enterprise Florida, Inc.—
  755         (2)
  756         (b)1. The Legislature determines that it is in the public
  757  interest that the following officers and board members be
  758  subject to ss. 112.313, 112.3135, and 112.3143(2),
  759  notwithstanding the fact that such officers and board members
  760  are not public officers or employees:
  761         a. Officers and members of the board of directors of the
  762  divisions of Enterprise Florida, Inc.;
  763         b. Officers and members of the board of directors of
  764  subsidiaries of Enterprise Florida, Inc.;
  765         c. Officers and members of the board of directors of
  766  corporations created to carry out the missions of Enterprise
  767  Florida, Inc.; and
  768         d. Officers and members of the board of directors of
  769  corporations with which a division is required by law to
  770  contract with to carry out its missions.
  771         2. Such officers and members of the board of directors may
  772  not represent another person or entity for compensation before
  773  Enterprise Florida, Inc., for a period of 2 years after
  774  retirement from or termination of service to the division.
  775         Section 15. Paragraph (a) of subsection (3) of section
  776  288.9604, Florida Statutes, is amended to read:
  777         288.9604 Creation of the authority.—
  778         (3)(a)1. A director may not shall receive no compensation
  779  for his or her services, but is entitled to the necessary
  780  expenses, including travel expenses, incurred in the discharge
  781  of his or her duties. Each director shall hold office until his
  782  or her successor has been appointed.
  783         2. The Legislature determines that it is in the public
  784  interest that a director of the board of directors of the
  785  Florida Development Finance Corporation be subject to ss.
  786  112.313, 112.3135, and 112.3143(2), notwithstanding the fact
  787  that the directors are not public officers or employees. For
  788  purposes of these sections, the directors shall be considered to
  789  be public officers or employees.
  790         3. A director of the board of directors of the corporation
  791  may not represent another person or entity for compensation
  792  before the corporation for a period of 2 years following his or
  793  her service on the board of directors.
  794         Section 16. Paragraph (d) of subsection (6) of section
  795  627.351, Florida Statutes, is amended to read:
  796         627.351 Insurance risk apportionment plans.—
  797         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  798         (d)1. All prospective employees for senior management
  799  positions, as defined by the plan of operation, are subject to
  800  background checks as a prerequisite for employment. The office
  801  shall conduct the background checks pursuant to ss. 624.34,
  802  624.404(3), and 628.261.
  803         2. On or before July 1 of each year, employees of the
  804  corporation must sign and submit a statement attesting that they
  805  do not have a conflict of interest, as defined in part III of
  806  chapter 112. As a condition of employment, all prospective
  807  employees must sign and submit to the corporation a conflict-of
  808  interest statement.
  809         3. The executive director, senior managers, and members of
  810  the board of governors are subject to part III of chapter 112,
  811  including, but not limited to, the code of ethics and public
  812  disclosure and reporting of financial interests, pursuant to s.
  813  112.3145. Notwithstanding s. 112.3143(2), a board member may not
  814  vote on any measure that would inure to his or her special
  815  private gain or loss; that he or she knows would inure to the
  816  special private gain or loss of any principal by whom he or she
  817  is retained or to the parent organization or subsidiary of a
  818  corporate principal by which he or she is retained, other than
  819  an agency as defined in s. 112.312; or that he or she knows
  820  would inure to the special private gain or loss of a relative or
  821  business associate of the public officer. Before the vote is
  822  taken, such member shall publicly state to the assembly the
  823  nature of his or her interest in the matter from which he or she
  824  is abstaining from voting and, within 15 days after the vote
  825  occurs, disclose the nature of his or her interest as a public
  826  record in a memorandum filed with the person responsible for
  827  recording the minutes of the meeting, who shall incorporate the
  828  memorandum in the minutes. Senior managers and board members are
  829  also required to file such disclosures with the Commission on
  830  Ethics and the Office of Insurance Regulation. The executive
  831  director of the corporation or his or her designee shall notify
  832  each existing and newly appointed member of the board of
  833  governors and senior managers of their duty to comply with the
  834  reporting requirements of part III of chapter 112. At least
  835  quarterly, the executive director or his or her designee shall
  836  submit to the Commission on Ethics a list of names of the senior
  837  managers and members of the board of governors who are subject
  838  to the public disclosure requirements under s. 112.3145.
  839         4. Notwithstanding s. 112.3148, or s. 112.3149, or any
  840  other provision of law, an employee or board member may not
  841  knowingly accept, directly or indirectly, any gift or
  842  expenditure from a person or entity, or an employee or
  843  representative of such person or entity, which has a contractual
  844  relationship with the corporation or who is under consideration
  845  for a contract. An employee or board member who fails to comply
  846  with subparagraph 3. or this subparagraph is subject to
  847  penalties provided under ss. 112.317 and 112.3173.
  848         5. The executive director, a member of the board of
  849  governors, and a any senior manager of the corporation are who
  850  is employed on or after January 1, 2007, regardless of the date
  851  of hire, who subsequently retires or terminates employment is
  852  prohibited from representing another person or entity before the
  853  corporation for 2 years after retirement from or termination of
  854  service to employment from the corporation.
  855         6. The executive director, a member of the board of
  856  governors, and a Any senior manager of the corporation are who
  857  is employed on or after January 1, 2007, regardless of the date
  858  of hire, who subsequently retires or terminates employment is
  859  prohibited from having any employment or contractual
  860  relationship for 2 years after retirement from or termination of
  861  service to the corporation with an insurer that has entered into
  862  a take-out bonus agreement with the corporation.
  863         Section 17. Subsections (3), (4), and (7) of section
  864  11.0455, Florida Statutes, are amended to read:
  865         11.0455 Electronic filing of compensation reports and other
  866  information.—
  867         (3) A report filed pursuant to this section must be
  868  completed and filed through the electronic filing system not
  869  later than 11:59 p.m. of the day designated in s. 11.045. A
  870  report not filed by 11:59 p.m. of the day designated is a late
  871  filed report and is subject to the penalties under s. 11.045(4)
  872  s. 11.045(3).
  873         (4) Each report filed pursuant to this section is deemed to
  874  meet the certification requirements of s. 11.045(4)(a)4. s.
  875  11.045(3)(a)4., and as such subjects the person responsible for
  876  filing and the lobbying firm to the provisions of s. 11.045(8)
  877  and (9) s. 11.045(7) and (8). Persons given a secure sign-on to
  878  the electronic filing system are responsible for protecting it
  879  from disclosure and are responsible for all filings using such
  880  credentials, unless they have notified the office that their
  881  credentials have been compromised.
  882         (7) Each house of the Legislature shall provide by rule
  883  that the office make all the data filed available on the
  884  Internet in an easily understood and accessible format. The
  885  Internet website must also include, but not be limited to, the
  886  names and business addresses of lobbyists, lobbying firms, and
  887  principals, the affiliations between lobbyists and principals,
  888  and the classification system designated and identified by each
  889  principal pursuant to s. 11.045(3) s. 11.045(2).
  890         Section 18. Subsections (3), (4), and (7) of section
  891  112.32155, Florida Statutes, are amended to read:
  892         112.32155 Electronic filing of compensation reports and
  893  other information.—
  894         (3) A report filed pursuant to this section must be
  895  completed and filed through the electronic filing system not
  896  later than 11:59 p.m. of the day designated in s. 112.3215. A
  897  report not filed by 11:59 p.m. of the day designated is a late
  898  filed report and is subject to the penalties under s.
  899  112.3215(6) s. 112.3215(5).
  900         (4) Each report filed pursuant to this section is
  901  considered to meet the certification requirements of s.
  902  112.3215(6)(a)4. s. 112.3215(5)(a)4. Persons given a secure
  903  sign-on to the electronic filing system are responsible for
  904  protecting it from disclosure and are responsible for all
  905  filings using such credentials, unless they have notified the
  906  commission that their credentials have been compromised.
  907         (7) The commission shall make all the data filed available
  908  on the Internet in an easily understood and accessible format.
  909  The Internet website shall also include, but not be limited to,
  910  the names and business addresses of lobbyists, lobbying firms,
  911  and principals, the affiliations between lobbyists and
  912  principals, and the classification system designated and
  913  identified by each principal pursuant to s. 112.3215(4) s.
  914  112.3215(3).
  915         Section 19. This act shall take effect July 1, 2014.