Bill Text: FL S1092 | 2016 | Regular Session | Introduced
Bill Title: Boards and Commissions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Ethics and Elections [S1092 Detail]
Download: Florida-2016-S1092-Introduced.html
Florida Senate - 2016 SB 1092 By Senator Joyner 19-01512B-16 20161092__ 1 A bill to be entitled 2 An act relating to boards and commissions; amending 3 ss. 106.24, 112.313, and 112.321, F.S.; prohibiting 4 members of the Florida Elections Commission, citizen 5 members of the Board of Governors of the State 6 University System and boards of trustees of local 7 constituent universities, and members of the 8 Commission on Ethics, respectively, from having or 9 holding any employment or a contractual relationship 10 as a consultant; providing exceptions; requiring 11 members to make specified disclosures to the 12 appropriate board or commission if certain conditions 13 exist; requiring applicable boards and commissions to 14 post such disclosures on their respective websites for 15 a specified timeframe; amending s. 112.312, F.S.; 16 defining the term “consultant”; amending s. 1001.421, 17 F.S.; conforming cross-references; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (b) of subsection (1) of section 23 106.24, Florida Statutes, is amended to read: 24 106.24 Florida Elections Commission; membership; powers; 25 duties.— 26 (1) 27 (b)1. The commission isshall becomposed of nine members. 28 The President of the Senate, the Speaker of the House of 29 Representatives, the minority leader of the Senate, and the 30 minority leader of the House of Representatives shall each 31 provide a list of six nominees to the Governor for initial 32 appointment to the commission. The Governor may appoint two 33 members to the commission from each list. If the Governor 34 refuses to appoint two members from any of the respective lists, 35 the Governor shallsoinform the nominating officer and the 36 nominating officer shall submit a new list of six nominees 37 within 30 days. The new list must contain at least three 38 nominees not included on the prior nominating list. The ninth 39 commission member, who shall serve as chair of the commission, 40 shall be appointed by the Governor. Each member of the 41 commission is subject to confirmation by the Senate. The chair 42 of the commission shall serve for a maximum term of 4 years, 43 with such term runningsuch term to runconcurrently with the 44 term of the appointing Governor and until a future successor is 45 appointed. Other members of the commission shall serve for 4 46 year terms and until their successors are appointed. 47 2. A member may not: 48 a. BeAn individual who isa lobbyist at the state or local 49 government levelmay not serve as a member of the commission,50except that this prohibition shall not apply to an individual51who is a member of the commission on July 1, 2002, until the52expiration of his or her current term. 53 b. LobbyA member of the commission is prohibited from54lobbyingstate or local government while he or she is a member 55 of the commission, except that this prohibition shall not apply56to an individual who is a member of the commission on July 1,572002, until the expiration of his or her current term. 58 c. Have or hold any employment or a contractual 59 relationship as a consultant, except that this prohibition does 60 not apply to an individual who is a member of the commission on 61 July 1, 2016, unless he or she is reappointed to that office on 62 or after July 1, 2016. For purposes of this sub-subparagraph and 63 subparagraph 3., the term “consultant” has the same meaning as 64 in s. 112.312. 65 3. If applicable, a member shall disclose to the 66 commission, which shall post such disclosure on its website for 67 at least the duration of the disclosing member’s service on the 68 commission: 69 a. That he or she has or holds any employment or a 70 contractual relationship as a consultant in another state, or is 71 a lobbyist regulated by the laws of another state. 72 b. That he or she has or holds any employment or a 73 contractual relationship as a consultant in this state, as is 74 authorized for an individual who is a member of the commission 75 on July 1, 2016, unless he or she is reappointed to that office 76 on or after July 1, 2016. 77 c. The identity of any relative, as that term is defined in 78 s. 112.3143, who is registered as a lobbyist pursuant to s. 79 11.045, s. 112.3215, or any local government charter or 80 ordinance or who has or holds any employment or a contractual 81 relationship as a consultant. 82 Section 2. Present subsections (9) through (24) of section 83 112.312, Florida Statutes, are renumbered as subsections (10) 84 through (25), respectively, and a new subsection (9) is added to 85 that section, to read: 86 112.312 Definitions.—As used in this part and for purposes 87 of the provisions of s. 8, Art. II of the State Constitution, 88 unless the context otherwise requires: 89 (9) “Consultant” means a public officer or public employee 90 who has or holds any employment or a contractual relationship 91 with a business entity for purposes of providing support, 92 preparing recommendations, preparing any part of a purchase 93 request, establishing specifications and procurement standards, 94 rendering advice, investigating, or performing an audit in 95 furtherance of the business entity’s efforts to be awarded or to 96 perform a contract to sell goods, realty, or services to the 97 executive branch, judicial branch, or legislative branch of 98 state government or any other political subdivision. 99 Section 3. Subsection (17) of section 112.313, Florida 100 Statutes, is amended to read: 101 112.313 Standards of conduct for public officers, employees 102 of agencies, and local government attorneys.— 103 (17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.— 104 (a) ANocitizen member of the Board of Governors of the 105 State University System, or anor anycitizen member of a board 106 of trustees of a local constituent university, may notshall107 have or hold any employment or contractual relationship as: 108 1. A legislative lobbyist subject torequiringannual 109 registration and reporting requirements underpursuant tos. 110 11.045; or 111 2. A consultant to a business entity doing, or seeking to 112 do, business with the Legislature, except that this prohibition 113 does not apply to an individual who is a member of any such 114 board on July 1, 2016, unless he or she is reappointed to that 115 office on or after July 1, 2016. 116 (b) A citizen member of the Board of Governors of the State 117 University System, or a citizen member of a board of trustees of 118 a local constituent university, shall disclose to his or her 119 respective board: 120 1. That he or she has or holds any employment or 121 contractual relationship as: 122 a. An executive branch lobbyist subject to annual 123 registration and reporting requirements under s. 112.3215; 124 b. A consultant for a business entity that does, or is 125 seeking to do, business with an agency of the executive branch 126 or a unit of local government or other political subdivision; 127 c. A registered lobbyist as provided by any local 128 government charter or ordinance; 129 d. A lobbyist regulated under the laws of another state; 130 e. A consultant in another state; or 131 f. A consultant for a business entity that does, or is 132 seeking to do, business with the Legislature, as is authorized 133 for an individual who is a citizen member of the Board of 134 Governors or a board of trustees on July 1, 2016, unless he or 135 she is reappointed to that office on or after July 1, 2016. 136 2. The identity of any relative, as that term is defined in 137 s. 112.3143, who is registered as a lobbyist pursuant to s. 138 11.045, s. 112.3215, or any local government charter or 139 ordinance, or who has or holds any employment or contractual 140 relationship as a consultant. 141 142 The applicable board shall post a disclosure required by this 143 paragraph on its website for at least the duration of the 144 disclosing member’s service on the board. 145 Section 4. Subsection (1) of section 112.321, Florida 146 Statutes, is amended to read: 147 112.321 Membership, terms; travel expenses; staff.— 148 (1) The commission isshall becomposed of nine members, 149 each of whom shall serve a 2-year term. 150 (a) Fiveof thesemembers shall be appointed by the 151 Governor, no more than three of whom shall be from the same 152 political party, subject to confirmation by the Senate. One 153 member appointed by the Governor mustshallbe a former city or 154 county official and may be a former member of a local planning 155 or zoning board thatwhichhas only advisory duties. 156 (b) The President of the Senate and the Speaker of the 157 House of Representatives shall each appoint two members, who may 158 not beshall be appointed by the Speaker of the House of159Representatives,andtwo members shall be appointed bythe160President of the Senate.Neitherthe Speaker of the House of161Representativesnorthe President of the Senateshallappoint162more than one memberfrom the same political party. 163 (c) Of the nine members of the commission, no more than 164 five members mayshallbe from the same political party at any 165 one time. In addition, aNomember may not: 166 1. Hold any public employment. 167 2. Serve on the commission if he or sheAn individualwho168 qualifies as a lobbyist pursuant to s. 11.045,ors. 112.3215, 169 orpursuant toany local government charter or ordinancemay not170serve as a member of the commission, except that this171prohibition does not apply to an individual who is a member of172the commission on July 1, 2006, until the expiration of his or173her current term. 174 3.A member of the commissionmay notLobby any state or 175 local governmental entity as provided in s. 11.045 or s. 176 112.3215 or as provided by any local government charter or 177 ordinance, except that this prohibition does not apply to an178individual who is a member of the commission on July 1, 2006,179until the expiration of his or her current term.All members180shall serve 2-year terms. 181 4. Have or hold any employment or a contractual 182 relationship as a consultant, except that this prohibition does 183 not apply to an individual who is a member of the commission on 184 July 1, 2016, unless he or she is reappointed to that office on 185 or after July 1, 2016. 186 5.A member may notServe more than two full terms in 187 succession. 188 (d) Any member of the commission may be removed for cause 189 by majority vote of the Governor, the President of the Senate, 190 the Speaker of the House of Representatives, and the Chief 191 Justice of the Supreme Court. 192 (e) If applicable, a member shall disclose to the 193 commission: 194 1. That he or she has or holds any employment or a 195 contractual relationship as a consultant in another state, or is 196 a lobbyist regulated by the laws of another state. 197 2. That he or she has or holds any employment or a 198 contractual relationship as a consultant in this state, as is 199 authorized for an individual who is a member of the commission 200 on July 1, 2016, unless he or she is reappointed to that office 201 on or after July 1, 2016. 202 3. The identity of any relative, as that term is defined in 203 s. 112.3143, who is registered as a lobbyist pursuant to s. 204 11.045, s. 112.3215, or any local government charter or 205 ordinance or has or holds any employment or a contractual 206 relationship as a consultant. 207 208 The commission shall post a disclosure required by this 209 paragraph on its website for at least the duration of the 210 disclosing member’s service on the commission. 211 Section 5. Section 1001.421, Florida Statutes, is amended 212 to read: 213 1001.421 Gifts.—Notwithstanding any other provision of law 214 to the contrary, district school board members and their 215 relatives, as defined in s. 112.312(22)s. 112.312(21), may not 216 directly or indirectly solicit any gift, or directly or 217 indirectly accept any gift in excess of $50, from any person, 218 vendor, potential vendor, or other entity doing business with 219 the school district. The term “gift” has the same meaning as in 220 s. 112.312(13)s. 112.312(12). 221 Section 6. This act shall take effect July 1, 2016.