Bill Text: FL S1484 | 2011 | Regular Session | Introduced


Bill Title: Governmental Ethics

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1484 Detail]

Download: Florida-2011-S1484-Introduced.html
       Florida Senate - 2011                                    SB 1484
       
       
       
       By Senator Fasano
       
       
       
       
       11-00469C-11                                          20111484__
    1                        A bill to be entitled                      
    2         An act relating to governmental ethics; amending s.
    3         112.312, F.S.; defining terms; amending s. 112.313,
    4         F.S.; requiring that all disclosures otherwise
    5         required by law be made in writing on forms prescribed
    6         by the Commission on Ethics; providing that a public
    7         officer may not act in such a way as to suggest to
    8         another person that the public officer can be
    9         improperly influenced by that person when the public
   10         officer is performing his or her official duties;
   11         amending s. 112.3135, F.S.; providing penalties if a
   12         public official makes a prohibited appointment,
   13         employment, promotion, or advancement decision for an
   14         individual; creating s. 112.3142, F.S., pertaining to
   15         qualified blind trusts; providing legislative findings
   16         and intent relating to qualified blind trusts;
   17         defining terms; providing that if a covered public
   18         official holds an economic interest in a qualified
   19         blind trust, he or she does not have a conflict of
   20         interest that would otherwise be prohibited by law;
   21         prohibiting a covered public official from attempting
   22         to influence or exercise any control over decisions
   23         regarding the management of assets in a qualified
   24         blind trust; prohibiting direct or indirect
   25         communication between the covered public official or
   26         any person having a beneficial interest in the
   27         qualified blind trust and the trustee; providing
   28         exemptions; requiring a covered public official to
   29         report as an asset on his or her financial disclosure
   30         forms the beneficial interest, and its value if
   31         required, which he or she has in a qualified blind
   32         trust; specifying the required elements necessary to
   33         establish a qualified blind trust; specifying the
   34         required elements necessary to be a trustee;
   35         specifying the required elements in the trust
   36         agreement; providing that the trust is not effective
   37         unless it is approved by the Commission on Ethics;
   38         requiring that the trustee and the official observe
   39         the obligations of the trust agreement; providing that
   40         the trust contains only readily marketable assets;
   41         requiring that the trust agreement be filed with the
   42         commission within a specified time; providing for the
   43         filing of an amendment to a financial disclosure
   44         statement of a covered public official in specified
   45         circumstances; amending s. 112 3143, F.S.; defining
   46         the term “principal by whom retained”; requiring a
   47         state public officer holding an elected or appointed
   48         office to publicly state the nature of all of the
   49         officer’s interests, and all of the interests of his
   50         or her principals, relatives, or business associates
   51         which are known to him or her, in the matter from
   52         which the officer is abstaining from voting; requiring
   53         the officer to file documents within 15 days after a
   54         vote occurs which disclose the nature of all of the
   55         officer’s interests as a public record; providing an
   56         exemption for certain specified officers; amending s.
   57         112.3144, F.S.; requiring a candidate for a local
   58         office who has filed a full and public disclosure of
   59         financial interests when qualifying as a candidate to
   60         file a copy of that disclosure, instead of filing a
   61         second original disclosure, with the commission as the
   62         annual disclosure required under law; amending s.
   63         112.3145, F.S.; revising definitions of the terms
   64         “local officer” and “specified state employee”;
   65         requiring a candidate for a state office who has filed
   66         a full and public disclosure of financial interests
   67         when qualifying as a candidate to file a copy of that
   68         disclosure, instead of filing a second original
   69         disclosure, with the commission as the annual
   70         disclosure required under law; amending s. 112.3148,
   71         F.S.; defining terms; prohibiting a reporting
   72         individual or procurement employee from soliciting or
   73         accepting a gift in excess of a certain value from a
   74         vendor doing business with the reporting individual or
   75         the procurement agency; requiring each reporting
   76         individual or procurement employee to file a statement
   77         with the commission by a specified date containing a
   78         list of gifts, if any, which he or she believes to
   79         have a value in excess of a stated amount from a
   80         person who is regulated by the commission; providing
   81         exceptions; specifying the contents of the gift
   82         report; amending s. 112.3149, F.S.; defining the term
   83         “vendor”; prohibiting a reporting individual or
   84         procurement employee from knowingly accepting an
   85         honorarium from a vendor doing business with the
   86         reporting individual’s or procurement employee’s
   87         agency; prohibiting the vendor from giving an
   88         honorarium to the reporting individual or procurement
   89         employee; amending s. 112.317, F.S.; raising the civil
   90         penalties that may be imposed for violations of ch.
   91         112, F.S., from $10,000 to $100,000; providing that a
   92         person who knowingly fails to file the required
   93         disclosure of documents by a specified date commits a
   94         misdemeanor of the first degree; providing criminal
   95         penalties; providing that a person who files a
   96         complaint with actual malice against a public officer
   97         is liable for costs and attorney’s fees; amending s.
   98         112.3215, F.S.; providing that a person who is
   99         required to register with the Constitution Revision
  100         Commission or to provide information on a report
  101         required by the commission but who fails to disclose
  102         material fact or provides false information commits a
  103         noncriminal infraction; providing a fine for such
  104         infraction; amending s. 112.324, F.S.; providing
  105         procedures for investigations of complaints filed with
  106         the commission; amending ss. 411.01 and 445.007, F.S.;
  107         revising cross-references to conform to changes made
  108         by the act; reenacting ss. 310.151(1)(c) and
  109         1002.33(25)(a), F.S., relating to pilotage and to
  110         charter schools, respectively, to incorporate the
  111         amendments made to s. 112.3143, F.S., in referencec
  112         thereto; providing an effective date.
  113  
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Subsections (5) and (6) and paragraph (b) of
  117  subsection (12) of section 112.312, Florida Statutes, are
  118  amended to read:
  119         112.312 Definitions.—As used in this part and for purposes
  120  of the provisions of s. 8, Art. II of the State Constitution,
  121  unless the context otherwise requires:
  122         (5) “Business entity” means any corporation, company,
  123  partnership, limited partnership, proprietorship, firm,
  124  enterprise, franchise, association, self-employed individual, or
  125  trust, whether fictitiously named or not, doing business in this
  126  state.
  127         (6) “Candidate” means any person who has filed a statement
  128  of financial interest and qualification papers, has subscribed
  129  to the candidate’s oath as required by s. 99.021 or s. 105.031,
  130  and seeks by election to become a public officer. This
  131  definition expressly excludes a committeeman or committeewoman
  132  regulated by chapter 103 and persons seeking any other office or
  133  position in a political party.
  134         (12)
  135         (b) “Gift” does not include:
  136         1. Salary, benefits, services, fees, commissions, gifts, or
  137  expenses associated primarily with the donee’s employment,
  138  business, or service as an officer or director of a corporation
  139  or organization.
  140         2. Contributions or expenditures reported pursuant to
  141  chapter 106 or federal election law, campaign-related personal
  142  services provided without compensation by individuals
  143  volunteering their time, or any other contribution or
  144  expenditure by a political party.
  145         3. An honorarium or an expense related to an honorarium
  146  event paid to a person or the person’s spouse.
  147         4. An award, plaque, certificate, or similar personalized
  148  item given in recognition of the donee’s public, civic,
  149  charitable, or professional service.
  150         5. An honorary membership in a service or fraternal
  151  organization presented merely as a courtesy by such
  152  organization.
  153         6. The use of a public facility or public property, made
  154  available by a governmental agency, for a public purpose.
  155         7. Transportation provided to a public officer or employee
  156  by an agency in relation to officially approved governmental
  157  business.
  158         8. Gifts provided directly or indirectly by a state,
  159  regional, or national organization which promotes the exchange
  160  of ideas between, or the professional development of,
  161  governmental officials or employees, and whose membership is
  162  primarily composed of elected or appointed public officials or
  163  staff, to members of that organization or officials or staff of
  164  a governmental agency that is a member of that organization.
  165         Section 2. Subsection (12) of section 112.313, Florida
  166  Statutes, is amended, and subsection (18) is added to that
  167  section, to read:
  168         112.313 Standards of conduct for public officers, employees
  169  of agencies, and local government attorneys.—
  170         (12) EXEMPTION.—The requirements of subsections (3) and (7)
  171  as they pertain to persons serving on advisory boards may be
  172  waived in a particular instance by the body that which appointed
  173  the person to the advisory board, upon a full disclosure of the
  174  transaction or relationship to the appointing body before prior
  175  to the waiver and an affirmative vote in favor of waiver by two
  176  thirds vote of that body. In instances in which appointment to
  177  the advisory board is made by an individual, waiver may be
  178  effected, after public hearing, by a determination by the
  179  appointing person and full disclosure of the transaction or
  180  relationship by the appointee to the appointing person. In
  181  addition, no person shall be held in violation of subsection (3)
  182  or subsection (7) if:
  183         (a) Within a city or county the business is transacted
  184  under a rotation system whereby the business transactions are
  185  rotated among all qualified suppliers of the goods or services
  186  within the city or county.
  187         (b) The business is awarded under a system of sealed,
  188  competitive bidding to the lowest or best bidder and:
  189         1. The official or the official’s spouse or child has in no
  190  way participated in the determination of the bid specifications
  191  or the determination of the lowest or best bidder;
  192         2. The official or the official’s spouse or child has in no
  193  way used or attempted to use the official’s influence to
  194  persuade the agency or any personnel thereof to enter such a
  195  contract other than by the mere submission of the bid; and
  196         3. The official, prior to or at the time of the submission
  197  of the bid, has filed a statement with the Commission on Ethics,
  198  if the official is a state officer or employee, or with the
  199  supervisor of elections of the county in which the agency has
  200  its principal office, if the official is an officer or employee
  201  of a political subdivision, disclosing the official’s interest,
  202  or the interest of the official’s spouse or child, and the
  203  nature of the intended business.
  204         (c) The purchase or sale is for legal advertising in a
  205  newspaper, for any utilities service, or for passage on a common
  206  carrier.
  207         (d) An emergency purchase or contract which would otherwise
  208  violate a provision of subsection (3) or subsection (7) must be
  209  made in order to protect the health, safety, or welfare of the
  210  citizens of the state or any political subdivision thereof.
  211         (e) The business entity involved is the only source of
  212  supply within the political subdivision of the officer or
  213  employee and there is full disclosure by the officer or employee
  214  of his or her interest in the business entity to the governing
  215  body of the political subdivision prior to the purchase, rental,
  216  sale, leasing, or other business being transacted.
  217         (f) The total amount of the transactions in the aggregate
  218  between the business entity and the agency does not exceed $500
  219  per calendar year.
  220         (g) The fact that a county or municipal officer or member
  221  of a public board or body, including a district school officer
  222  or an officer of any district within a county, is a stockholder,
  223  officer, or director of a bank will not bar such bank from
  224  qualifying as a depository of funds coming under the
  225  jurisdiction of any such public board or body, provided it
  226  appears in the records of the agency that the governing body of
  227  the agency has determined that such officer or member of a
  228  public board or body has not favored such bank over other
  229  qualified banks.
  230         (h) The transaction is made pursuant to s. 1004.22 or s.
  231  1004.23 and is specifically approved by the president and the
  232  chair of the university board of trustees. The chair of the
  233  university board of trustees shall submit to the Governor and
  234  the Legislature by March 1 of each year a report of the
  235  transactions approved pursuant to this paragraph during the
  236  preceding year.
  237         (i) The public officer or employee purchases in a private
  238  capacity goods or services, at a price and upon terms available
  239  to similarly situated members of the general public, from a
  240  business entity which is doing business with his or her agency.
  241         (j) The public officer or employee in a private capacity
  242  purchases goods or services from a business entity which is
  243  subject to the regulation of his or her agency and:
  244         1. The price and terms of the transaction are available to
  245  similarly situated members of the general public; and
  246         2. The officer or employee makes full disclosure of the
  247  relationship to the agency head or governing body prior to the
  248  transaction.
  249  
  250  All disclosures required by this subsection shall be made in
  251  writing on forms prescribed by the commission, as provided in s.
  252  112.3147.
  253         (18) PUBLIC OFFICERS.—A public officer or employee of an
  254  agency may not knowingly, or with reason to know, act in a
  255  manner that would cause a reasonable person, having knowledge of
  256  the relevant circumstances, to conclude that a person can
  257  improperly influence the officer or employee or unduly enjoy his
  258  or her favor in the performance of his or her official duties,
  259  or that the officer or employee is likely to act or fail to act
  260  as a result of kinship, rank, position, or undue influence of
  261  any party or person. It is unreasonable to so conclude if the
  262  officer or employee has disclosed in writing to his or her
  263  appointing authority or, if no appointing authority exists,
  264  discloses in a manner that is public in nature, the facts that
  265  would otherwise lead to such a conclusion.
  266         Section 3. Subsection (2) of section 112.3135, Florida
  267  Statutes, is amended to read:
  268         112.3135 Restriction on employment of relatives.—
  269         (2)(a) A public official may not appoint, employ, promote,
  270  or advance, or advocate for appointment, employment, promotion,
  271  or advancement, in or to a position in the agency in which the
  272  official is serving or over which the official, or the collegial
  273  body of which the official is a member, exercises jurisdiction
  274  or control any individual who is a relative of the public
  275  official. An individual may not be appointed, employed,
  276  promoted, or advanced in or to a position in an agency if such
  277  appointment, employment, promotion, or advancement has been
  278  advocated by a public official, serving in or exercising
  279  jurisdiction or control over the agency, who is a relative of
  280  the individual or if such appointment, employment, promotion, or
  281  advancement is made by a collegial body of which a relative of
  282  the individual is a member. If a prohibited appointment,
  283  employment, promotion, or advancement occurs, both the public
  284  official and the individual are subject to penalties under s.
  285  112.317. However, if the appointment, employment, promotion, or
  286  advancement is made by the collegial body of which the public
  287  official is a member without the public official’s
  288  participation, only the individual is subject to penalties under
  289  s. 112.317. However, This subsection does shall not apply to
  290  appointments to boards other than those with land-planning or
  291  zoning responsibilities in those municipalities with less than
  292  35,000 population. This subsection does not apply to persons
  293  serving in a volunteer capacity who provide emergency medical,
  294  firefighting, or police services. Such persons may receive,
  295  without losing their volunteer status, reimbursements for the
  296  costs of any training they get relating to the provision of
  297  volunteer emergency medical, firefighting, or police services
  298  and payment for any incidental expenses relating to those
  299  services that they provide.
  300         (b) Mere approval of budgets is shall not be sufficient to
  301  constitute “jurisdiction or control” for the purposes of this
  302  section.
  303         Section 4. Section 112.3142, Florida Statutes, is created
  304  to read:
  305         112.3142Qualified blind trusts.—
  306         (1)The Legislature finds that if a public official creates
  307  a trust and if the public official does not know the identity of
  308  the financial interests held by the trust and does not control
  309  the interests held by the trust, his or her official actions
  310  would not be influenced or appear to be influenced by private
  311  considerations. Thus, it is the intent of the Legislature that
  312  the public policy goal of the state, which is to be achieved
  313  through reliance on a blind trust, be an actual “blindness” or
  314  lack of knowledge or control by the official with respect to the
  315  interests held in trust.
  316         (2)As used in this section, the term:
  317         (a)“Cabinet” has the same meaning as in s. 20.03.
  318         (b)“Commission” means the Commission on Ethics.
  319         (c)“Covered public official” means the Governor, the
  320  Lieutenant Governor, or a member of the Cabinet.
  321         (3)If a covered public official holds an economic interest
  322  in a qualified blind trust as defined in this section, he or she
  323  does not have a conflict of interest prohibited under s.
  324  112.313(3) or (7) or a voting conflict of interest under s.
  325  112.3143 with regard to matters pertaining to that economic
  326  interest.
  327         (4)Except as otherwise provided in this section, the
  328  covered public official may not attempt to influence or exercise
  329  any control over decisions regarding the management of assets in
  330  a qualified blind trust. The covered public official and each
  331  person having a beneficial interest in the qualified blind trust
  332  may not make any effort to obtain information with respect to
  333  the holdings of the trust, including obtaining a copy of any
  334  trust tax return filed or any information relating thereto,
  335  except as otherwise provided in this section.
  336         (5)Except for communications that consist solely of
  337  requests for distributions of cash or other unspecified assets
  338  of the trust, there shall be no direct or indirect communication
  339  with respect to the trust between the covered public official or
  340  any person having a beneficial interest in the qualified blind
  341  trust and the trustee, unless such communication is in writing
  342  and unless it relates only to:
  343         (a)A request for a distribution from the trust which does
  344  not specify whether the distribution is to be made in cash or in
  345  kind;
  346         (b)The general financial interests and needs of the
  347  covered public official or interested person, including, but not
  348  limited to, an interest in maximizing income or long-term
  349  capital gain;
  350         (c)The notification of the trustee of a law or regulation
  351  subsequently applicable to the covered public official which
  352  prohibits the covered official from holding an asset and which
  353  notification directs that the asset not be held by the trust; or
  354         (d)Directions to the trustee to sell all of an asset
  355  initially placed in the trust by the covered public official
  356  which, in the determination of the covered public official,
  357  creates a conflict of interest or the appearance thereof due to
  358  the subsequent assumption of duties by the public official.
  359         (6)The covered public official shall report as an asset on
  360  his or her financial disclosure forms the beneficial interest in
  361  the qualified blind trust and its value, if value is required to
  362  be disclosed. The covered public official shall report the blind
  363  trust as a primary source of income on his or her financial
  364  disclosure forms and its amount, if the amount of income is
  365  required to be disclosed. The covered public official is not
  366  required to report as a secondary source of income any source of
  367  income to the blind trust.
  368         (7)In order to constitute a qualified blind trust, the
  369  trust must be established by the covered public official and
  370  meet the following requirements:
  371         (a)The person or entity appointed as a trustee must not
  372  be:
  373         1.The covered public official’s spouse, child, parent,
  374  grandparent, grandchild, brother, sister, parent-in-law,
  375  brother-in-law, sister-in-law, aunt, uncle, or first cousin, or
  376  the spouse of any such person;
  377         2.A person who is an elected or appointed public officer
  378  or a public employee; or
  379         3.A person who has been appointed to serve in an agency by
  380  the covered public official or by a public officer or public
  381  employee supervised by the covered public official.
  382         (b)The trust agreement that establishes the trust must:
  383         1.Contain a clear statement of its purpose, namely, to
  384  remove from the grantor control and knowledge of investment of
  385  trust assets so that conflicts between the grantor’s
  386  responsibilities as a public official and his or her private
  387  interests will be eliminated;
  388         2.Give the trustee complete discretion to manage the
  389  trust, including, but not limited to, the power to dispose of
  390  and acquire trust assets without consulting or notifying the
  391  covered public official or any person having a beneficial
  392  interest in the trust;
  393         3.Prohibit communication between the trustee and the
  394  covered public official and any person having a beneficial
  395  interest in the trust concerning the holdings or sources of
  396  income of the trust, except amounts of cash value or net income
  397  or loss, provided that such report may not identify any asset or
  398  holding, and except as provided in this section;
  399         4.Provide that the trust tax return is prepared by the
  400  trustee or his or her designee and that any information relating
  401  thereto is not disclosed to the covered public official or to
  402  any other beneficiary, except as provided in this section;
  403         5.Permit the trustee to notify the covered public official
  404  of the date of disposition and value at disposition of any
  405  original investment or interests in real property to the extent
  406  required by federal tax law, so that the information can be
  407  reported on the covered public official’s applicable tax
  408  returns;
  409         6.Prohibit the trustee from disclosing to the covered
  410  public official and any person having a beneficial interest in
  411  the trust any information concerning replacement assets to the
  412  trust, except for the minimum tax information that lists only
  413  the totals of taxable items from the trust and does not describe
  414  the source of individual items of income;
  415         7.Prohibit the trustee from investing trust assets in
  416  business entities that he or she knows are regulated by or do a
  417  significant amount of business with the covered public
  418  official’s public agency; and
  419         8.Provide that the trust is not effective until it is
  420  approved by the commission.
  421         (c)The obligations of the trustee and the official under
  422  the trust agreement must be observed by them.
  423         (d)The trust shall contain only readily marketable assets.
  424         (e)The trust must be approved by the commission as meeting
  425  the requirements of this section.
  426         (8)A copy of the trust agreement must be filed with the
  427  commission within 5 business days after the agreement is
  428  executed and must include:
  429         (a)A listing of the assets placed in the trust;
  430         (b)A statement detailing the date the agreement was
  431  executed;
  432         (c)The name and address of the trustee; and
  433         (d)A separate statement signed by the trustee, under
  434  penalty of perjury, certifying that he or she will not reveal
  435  any information to the covered public official or any person
  436  having a beneficial interest in the qualified blind trust,
  437  except for information that is authorized under this section,
  438  and that, to the best of the trustee’s knowledge, the submitted
  439  blind trust agreement complies with this section.
  440         (9)If the trust is revoked while the covered public
  441  official is a public officer, or if the covered public official
  442  learns of any replacement assets that have been added to the
  443  trust, the covered public official must file an amendment to his
  444  or her most recent financial disclosure statement. The amendment
  445  must be filed no later than 60 days after the date of revocation
  446  or the addition of the replacement assets. The covered public
  447  official must disclose the previously unreported pro rata share
  448  of the trust’s interests in investments or income deriving from
  449  any such investments. For purposes of this section, any replaced
  450  asset of which the covered public official learns shall
  451  thereafter be treated as though the asset were an original asset
  452  of the trust.
  453         Section 5. Section 112.3143, Florida Statutes, is amended
  454  to read:
  455         112.3143 Voting conflicts.—
  456         (1) As used in this section:
  457         (a) “Principal by whom retained” means an individual or
  458  entity, other than an agency as defined in s. 112.312(2), which,
  459  for compensation, salary, pay, consideration, or similar thing
  460  of value, has permitted or directed another to act for the
  461  individual or entity, and includes, but is not limited to, one’s
  462  client, employer, or master, or the parent, subsidiary, or
  463  sibling organization of one’s client, employer, or master.
  464         (b)(a) “Public officer” includes any person elected or
  465  appointed to hold office in any agency, including any person
  466  serving on an advisory body.
  467         (c)(b) “Relative” means any father, mother, son, daughter,
  468  husband, wife, brother, sister, father-in-law, mother-in-law,
  469  son-in-law, or daughter-in-law.
  470         (2) A No state public officer holding an elected office is
  471  not prohibited from voting in that an official capacity on any
  472  matter. However, when any state public officer voting in an
  473  official capacity upon any measure that which would inure to the
  474  officer’s special private gain or loss; that which he or she
  475  knows would inure to the special private gain or loss of any
  476  principal by whom the officer is retained or to the parent
  477  organization or subsidiary of a corporate principal by which the
  478  officer is retained; or that which the officer knows would inure
  479  to the special private gain or loss of a relative or business
  480  associate of the public officer, the officer shall, within 15
  481  days after the vote occurs, disclose the nature of all of his or
  482  her interests in the matter and all of the interests of his or
  483  her principals, relatives, or business associates which are
  484  known to him or her, interest as a public record in a memorandum
  485  filed with the person responsible for recording the minutes of
  486  the meeting, who shall incorporate the memorandum in the
  487  minutes.
  488         (3)(a)A state public officer holding an appointive
  489  position or a No county, municipal, or other local public
  490  officer may not shall vote in an official capacity upon any
  491  measure that which would inure to his or her special private
  492  gain or loss; that which he or she knows would inure to the
  493  special private gain or loss of any principal by whom he or she
  494  is retained or to the parent organization or subsidiary of a
  495  corporate principal by which he or she is retained, other than
  496  an agency as defined in s. 112.312(2); or that which he or she
  497  knows would inure to the special private gain or loss of a
  498  relative or business associate of the public officer. Such
  499  public officer shall, before prior to the vote is being taken,
  500  publicly state to the assembly the nature of all of the
  501  officer’s interests and all of the interests of his or her
  502  principals, relatives, or business associates which are known to
  503  him or her interest in the matter from which he or she is
  504  abstaining from voting and, within 15 days after the vote
  505  occurs, disclose the nature of all of his or her interests in
  506  the matter and all of the interests of his or her principals,
  507  relatives, or business associates which are known to him or her,
  508  his or her interest as a public record in a memorandum filed
  509  with the person responsible for recording the minutes of the
  510  meeting, who shall incorporate the memorandum in the minutes.
  511         (b) However, a commissioner of a community redevelopment
  512  agency created or designated pursuant to s. 163.356 or s.
  513  163.357, or an officer of an independent special tax district
  514  elected on a one-acre, one-vote basis, is not prohibited from
  515  voting, when voting in said capacity.
  516         (4) A state public officer holding an appointive position
  517  or a county, municipal, or other local public officer may not No
  518  appointed public officer shall participate in any matter that
  519  which would inure to the officer’s special private gain or loss;
  520  that which the officer knows would inure to the special private
  521  gain or loss of any principal by whom he or she is retained or
  522  to the parent organization or subsidiary of a corporate
  523  principal by which he or she is retained; or that which he or
  524  she knows would inure to the special private gain or loss of a
  525  relative or business associate of the public officer, without
  526  first disclosing the nature of his or her interest in the
  527  matter.
  528         (5)However, a commissioner of a community redevelopment
  529  agency created or designated pursuant to s. 163.356 or s.
  530  163.357 or an officer of an independent special tax district
  531  elected on a one-acre, one-vote basis, is not prohibited from
  532  voting in that capacity, but must make the disclosures provided
  533  for in subsection (3). In addition, such officer may not
  534  participate in such a measure, without first disclosing the
  535  nature of his or her interest and those of his or her principal,
  536  relative, or business associate in the matter.
  537         (a) Such disclosure, indicating the nature of the conflict,
  538  shall be made in a written memorandum filed with the person
  539  responsible for recording the minutes of the meeting, before
  540  prior to the meeting in which consideration of the matter will
  541  take place, and shall be incorporated into the minutes. Any such
  542  memorandum becomes shall become a public record upon filing and,
  543  shall immediately be provided to the other members of the
  544  agency, and shall be read publicly at the next meeting held
  545  subsequent to the filing of this written memorandum.
  546         (b) If In the event that disclosure has not been made
  547  before prior to the meeting or that any conflict is unknown
  548  before prior to the meeting, the disclosure shall be made orally
  549  at the meeting when it becomes known that a conflict exists. A
  550  written memorandum disclosing the nature of the conflict shall
  551  then be filed within 15 days after the oral disclosure with the
  552  person responsible for recording the minutes of the meeting and
  553  shall be incorporated into the minutes of the meeting at which
  554  the oral disclosure was made. Any such memorandum shall become a
  555  public record upon filing, shall immediately be provided to the
  556  other members of the agency, and shall be read publicly at the
  557  next meeting held subsequent to the filing of this written
  558  memorandum.
  559         (6) A public officer, employee of the agency, or local
  560  government attorney, may not, knowing that another public
  561  officer has a voting conflict of interest as provided under this
  562  section, aid or assist that public officer in such a way as to
  563  benefit the officer or his or her principal, relative, or
  564  business associate.
  565         (7)(c)As used in this section For purposes of this
  566  subsection, the term “participate” means any attempt to
  567  influence the decision by oral or written communication to any
  568  officer, employee, or member of the agency, whether made by the
  569  officer or at the officer’s direction.
  570         (8)(5)If Whenever a public officer or former public
  571  officer is being considered for appointment or reappointment to
  572  public office, the appointing body shall consider the number and
  573  nature of the memoranda of conflict previously filed under this
  574  section by the said officer.
  575         Section 6. Subsection (2) of section 112.3144, Florida
  576  Statutes, is amended to read:
  577         112.3144 Full and public disclosure of financial
  578  interests.—
  579         (2) A person who is required, pursuant to s. 8, Art. II of
  580  the State Constitution, to file a full and public disclosure of
  581  financial interests and who has filed a full and public
  582  disclosure of financial interests for any calendar or fiscal
  583  year is shall not be required to file a statement of financial
  584  interests pursuant to s. 112.3145(2) and (3) for the same year
  585  or for any part thereof notwithstanding any requirement of this
  586  part., except that A candidate for office who has filed a full
  587  and public disclosure of financial interests when qualifying as
  588  a candidate before July 1 shall file a copy of that disclosure
  589  with the commission, instead of filing a second original
  590  disclosure, as the annual disclosure required under this
  591  section, and a candidate who does not qualify until after the
  592  annual full and public disclosure has been filed under this
  593  section shall file a copy of his or her disclosure with the
  594  officer before whom he or she qualifies.
  595         Section 7. Subsections (1), (2), and (3) of section
  596  112.3145, Florida Statutes, are amended to read:
  597         112.3145 Disclosure of financial interests and clients
  598  represented before agencies.—
  599         (1) For purposes of this section, unless the context
  600  otherwise requires, the term:
  601         (a) “Local officer” means:
  602         1. Every person who is elected to office in any political
  603  subdivision of the state, and every person who is appointed to
  604  fill a vacancy for an unexpired term in such an elective office.
  605         2. Any appointed member of any of the following boards,
  606  councils, commissions, authorities, or other bodies of any
  607  county, municipality, school district, independent special
  608  district, or other political subdivision of the state:
  609         a. The governing body of the political subdivision, if
  610  appointed;
  611         b. An expressway authority or transportation authority
  612  established by general law;
  613         b.c. A community college or junior college district board
  614  of trustees;
  615         c.d. A board having the power to enforce local code
  616  provisions;
  617         d.e. A planning or zoning board, board of adjustment, board
  618  of appeals, community redevelopment agency board, or other board
  619  having the power to recommend, create, or modify land planning
  620  or zoning within the political subdivision, except for citizen
  621  advisory committees, technical coordinating committees, and such
  622  other groups who only have the power to make recommendations to
  623  planning or zoning boards;
  624         e.f. A pension board or retirement board having the power
  625  to invest pension or retirement funds or the power to make a
  626  binding determination of one’s entitlement to or amount of a
  627  pension or other retirement benefit; or
  628         f.g. Any other appointed member of a local government board
  629  who is required to file a statement of financial interests by
  630  the appointing authority or the enabling legislation, ordinance,
  631  or resolution creating the board.
  632         3. Any person holding one or more of the following
  633  positions: mayor; county or city manager; chief administrative
  634  employee of a county, municipality, or other political
  635  subdivision; county or municipal attorney; finance director of a
  636  county, municipality, or other political subdivision; chief
  637  county or municipal building code inspector; county or municipal
  638  water resources coordinator; county or municipal pollution
  639  control director; county or municipal environmental control
  640  director; county or municipal administrator, with power to grant
  641  or deny a land development permit; chief of police; fire chief;
  642  municipal clerk; district school superintendent; community
  643  college president; district medical examiner; or purchasing
  644  agent having the authority to make any purchase exceeding the
  645  threshold amount provided for in s. 287.017 for CATEGORY ONE, on
  646  behalf of any political subdivision of the state or any entity
  647  thereof.
  648         (b) “Specified state employee” means:
  649         1. Public counsel created by chapter 350, an assistant
  650  state attorney, an assistant public defender, a criminal
  651  conflict and civil regional counsel, an assistant criminal
  652  conflict and civil regional counsel, a full-time state employee
  653  who serves as counsel or assistant counsel to any state agency,
  654  the Deputy Chief Judge of Compensation Claims, a judge of
  655  compensation claims, an administrative law judge, or a hearing
  656  officer.
  657         2. Any person employed in the office of the Governor or in
  658  the office of any member of the Cabinet if that person is exempt
  659  from the Career Service System, except persons employed in
  660  clerical, secretarial, or similar positions.
  661         3. The State Surgeon General or each appointed secretary,
  662  assistant secretary, deputy secretary, executive director,
  663  assistant executive director, or deputy executive director of
  664  each state department, commission, board, or council; unless
  665  otherwise provided, the division director, assistant division
  666  director, deputy director, bureau chief, and assistant bureau
  667  chief of any state department or division; or any person having
  668  the power normally conferred upon such persons, by whatever
  669  title.
  670         4. The superintendent or institute director of a state
  671  mental health institute established for training and research in
  672  the mental health field or the warden or director of any major
  673  state institution or facility established for corrections,
  674  training, treatment, or rehabilitation.
  675         5. Business managers, purchasing agents having the power to
  676  make any purchase exceeding the threshold amount provided for in
  677  s. 287.017 for CATEGORY ONE, finance and accounting directors,
  678  personnel officers, or grants coordinators for any state agency.
  679         6. Any person, other than a legislative assistant exempted
  680  by the presiding officer of the house by which the legislative
  681  assistant is employed, who is employed in the legislative branch
  682  of government, except persons employed in maintenance, clerical,
  683  secretarial, or similar positions.
  684         7. Each employee of the Commission on Ethics.
  685         (c) “State officer” means:
  686         1. Any elected public officer, excluding those elected to
  687  the United States Senate and House of Representatives, not
  688  covered elsewhere in this part and any person who is appointed
  689  to fill a vacancy for an unexpired term in such an elective
  690  office.
  691         2. An appointed member of each board, commission,
  692  authority, or council having statewide jurisdiction, excluding a
  693  member of an advisory body.
  694         3. A member of the Board of Governors of the State
  695  University System or a state university board of trustees, the
  696  Chancellor and Vice Chancellors of the State University System,
  697  and the president of a state university.
  698         4. A member of the judicial nominating commission for any
  699  district court of appeal or any judicial circuit.
  700         (2)(a) A person seeking nomination or election to a state
  701  or local elective office shall file a statement of financial
  702  interests together with, and at the same time he or she files,
  703  qualifying papers. A candidate for office who has filed a
  704  statement of financial interests when qualifying as a candidate
  705  before July 1 shall file a copy of that statement, instead of
  706  filing a second original statement, as the annual disclosure
  707  required under this section, and a candidate who does not
  708  qualify until after the annual statement of financial interests
  709  has been filed under this section shall file a copy of his or
  710  her disclosure with the officer before whom he or she qualifies.
  711         (b) Each state or local officer and each specified state
  712  employee shall file a statement of financial interests no later
  713  than July 1 of each year. Each state officer, local officer, and
  714  specified state employee shall file a final statement of
  715  financial interests within 60 days after leaving his or her
  716  public position for the period between January 1 of the year in
  717  which the person leaves and the last day of office or
  718  employment, unless within the 60-day period the person takes
  719  another public position requiring financial disclosure under
  720  this section or s. 8, Art. II of the State Constitution or
  721  otherwise is required to file full and public disclosure or a
  722  statement of financial interests for the final disclosure
  723  period. Each state or local officer who is appointed and each
  724  specified state employee who is employed shall file a statement
  725  of financial interests within 30 days from the date of
  726  appointment or, in the case of a specified state employee, from
  727  the date on which the employment begins, except that any person
  728  whose appointment is subject to confirmation by the Senate shall
  729  file prior to confirmation hearings or within 30 days from the
  730  date of appointment, whichever comes first.
  731         (c) State officers and specified state employees shall file
  732  their statements of financial interests with the Commission on
  733  Ethics. Local officers shall file their statements of financial
  734  interests with the supervisor of elections of the county in
  735  which they permanently reside. Local officers who do not
  736  permanently reside in any county in the state shall file their
  737  statements of financial interests with the supervisor of
  738  elections of the county in which their agency maintains its
  739  headquarters. Persons seeking to qualify as candidates for local
  740  public office shall file their statements of financial interests
  741  with the officer before whom they qualify.
  742         (3) The statement of financial interests for state
  743  officers, specified state employees, local officers, and persons
  744  seeking to qualify as candidates for state or local office shall
  745  be filed even if the reporting person holds no financial
  746  interests requiring disclosure, in which case the statement
  747  shall be marked “not applicable.” Otherwise, the statement of
  748  financial interests shall include, at the filer’s option,
  749  either:
  750         (a)1. All sources of income in excess of 5 percent of the
  751  gross income received during the disclosure period by the person
  752  in his or her own name or by any other person for his or her use
  753  or benefit, excluding public salary. However, this shall not be
  754  construed to require disclosure of a business partner’s sources
  755  of income. The person reporting shall list such sources in
  756  descending order of value with the largest source first;
  757         2. All sources of income to a business entity in excess of
  758  10 percent of the gross income of a business entity in which the
  759  reporting person held a material interest and from which he or
  760  she received an amount which was in excess of 10 percent of his
  761  or her gross income during the disclosure period and which
  762  exceeds $1,500. The period for computing the gross income of the
  763  business entity is the fiscal year of the business entity which
  764  ended on, or immediately prior to, the end of the disclosure
  765  period of the person reporting;
  766         3. The location or description of real property in this
  767  state, except for residences and vacation homes, owned directly
  768  or indirectly by the person reporting, when such person owns in
  769  excess of 5 percent of the value of such real property, and a
  770  general description of any intangible personal property worth in
  771  excess of 10 percent of such person’s total assets. For the
  772  purposes of this paragraph, indirect ownership does not include
  773  ownership by a spouse or minor child; and
  774         4. Every individual liability that equals more than the
  775  reporting person’s net worth; or
  776         (b)1. All sources of gross income in excess of $2,500
  777  received during the disclosure period by the person in his or
  778  her own name or by any other person for his or her use or
  779  benefit, excluding public salary. However, this shall not be
  780  construed to require disclosure of a business partner’s sources
  781  of income. The person reporting shall list such sources in
  782  descending order of value with the largest source first;
  783         2. All sources of income to a business entity in excess of
  784  10 percent of the gross income of a business entity in which the
  785  reporting person held a material interest and from which he or
  786  she received gross income exceeding $5,000 during the disclosure
  787  period. The period for computing the gross income of the
  788  business entity is the fiscal year of the business entity which
  789  ended on, or immediately prior to, the end of the disclosure
  790  period of the person reporting;
  791         3. The location or description of real property in this
  792  state, except for residence and vacation homes, owned directly
  793  or indirectly by the person reporting, when such person owns in
  794  excess of 5 percent of the value of such real property, and a
  795  general description of any intangible personal property worth in
  796  excess of $10,000. For the purpose of this paragraph, indirect
  797  ownership does not include ownership by a spouse or minor child;
  798  and
  799         4. Every liability in excess of $10,000.
  800  
  801  A person filing a statement of financial interests shall
  802  indicate on the statement whether he or she is using the method
  803  specified in paragraph (a) or the method specified in paragraph
  804  (b).
  805         Section 8. Subsections (2), (3), (4), and (5) of section
  806  112.3148, Florida Statutes, are amended to read:
  807         112.3148 Reporting and prohibited receipt of gifts by
  808  individuals filing full or limited public disclosure of
  809  financial interests and by procurement employees.—
  810         (2) As used in this section:
  811         (a) “Immediate family” means any parent, spouse, child, or
  812  sibling.
  813         (b)1. “Lobbyist” means a any natural person who, for
  814  compensation, seeks, or sought during the preceding 12 months,
  815  to influence the governmental decisionmaking of a reporting
  816  individual or procurement employee or his or her agency or
  817  seeks, or sought during the preceding 12 months, to encourage
  818  the passage, defeat, or modification of a any proposal or
  819  recommendation by the reporting individual or procurement
  820  employee or his or her agency.
  821         2. With respect to an agency that has established by rule,
  822  ordinance, or law a registration process for persons seeking to
  823  influence decisionmaking or to encourage the passage, defeat, or
  824  modification of a any proposal or recommendation by the such
  825  agency or an employee or official of the agency, the term
  826  “lobbyist” includes only a person who is required to be
  827  registered as a lobbyist in accordance with such rule,
  828  ordinance, or law or who was during the preceding 12 months
  829  required to be registered as a lobbyist in accordance with such
  830  rule, ordinance, or law. At a minimum, such a registration
  831  system must require the registration of, or must designate,
  832  persons as “lobbyists” who engage in the same activities as
  833  require registration to lobby the Legislature pursuant to s.
  834  11.045.
  835         (c) “Person” includes individuals, firms, associations,
  836  joint ventures, partnerships, estates, trusts, business trusts,
  837  syndicates, fiduciaries, corporations, and all other groups or
  838  combinations.
  839         (d) “Reporting individual” means an any individual,
  840  including a candidate upon qualifying, who is required by law,
  841  pursuant to s. 8, Art. II of the State Constitution or s.
  842  112.3145, to file full or limited public disclosure of his or
  843  her financial interests or an any individual who has been
  844  elected to, but has yet to officially assume the
  845  responsibilities of, public office. For purposes of implementing
  846  this section, the “agency” of a reporting individual who is not
  847  an officer or employee in public service is the agency to which
  848  the candidate seeks election, or in the case of an individual
  849  elected to but yet to formally take office, the agency in which
  850  the individual has been elected to serve.
  851         (e) “Procurement employee” means any employee of an
  852  officer, department, board, commission, or council, or agency of
  853  the executive branch or judicial branch of state government who
  854  participated in the preceding 12 months participates through
  855  decision, approval, disapproval, recommendation, preparation of
  856  any part of a purchase request, influencing the content of any
  857  specification or procurement standard, rendering of advice,
  858  investigation, or auditing or in any other advisory capacity in
  859  the procurement of contractual services or commodities as
  860  defined in s. 287.012, if the cost of such services or
  861  commodities exceeds or is expected to exceed $10,000 $1,000 in
  862  any fiscal year.
  863         (f) “Vendor” means a business entity doing business
  864  directly with an agency, such as renting, leasing, or selling
  865  any realty, goods, or services.
  866         (3) A reporting individual or procurement employee is
  867  prohibited from soliciting any gift from a political committee
  868  or committee of continuous existence, as defined in s. 106.011,
  869  from a vendor doing business with the reporting individual’s or
  870  procurement employee’s agency, or from a lobbyist who lobbies
  871  the reporting individual’s or procurement employee’s agency, or
  872  the partner, firm, employer, or principal of such lobbyist,
  873  where such gift is for the personal benefit of the reporting
  874  individual or procurement employee, another reporting individual
  875  or procurement employee, or any member of the immediate family
  876  of a reporting individual or procurement employee.
  877         (4) A reporting individual or procurement employee or any
  878  other person on his or her behalf is prohibited from knowingly
  879  accepting, directly or indirectly, a gift or gifts from a
  880  political committee or committee of continuous existence, as
  881  defined in s. 106.011, from a vendor doing business with the
  882  reporting individual’s or procurement employee’s agency, or from
  883  a lobbyist who lobbies the reporting individual’s or procurement
  884  employee’s agency, or directly or indirectly on behalf of the
  885  partner, firm, employer, or principal of a lobbyist, if he or
  886  she knows or reasonably believes that the gift or gifts have has
  887  a total value in excess of $100 within a calendar year; however,
  888  such a gift or gifts may be accepted by such person on behalf of
  889  a governmental entity or a charitable organization. If the gift
  890  or gifts are is accepted on behalf of a governmental entity or
  891  charitable organization, the person receiving the gift or gifts
  892  may shall not maintain custody of the gift or gifts for any
  893  period of time beyond that reasonably necessary to arrange for
  894  the transfer of custody and ownership of the gift or gifts.
  895         (5)(a) A political committee or a committee of continuous
  896  existence, as defined in s. 106.011; a vendor doing business
  897  with the reporting individual’s or procurement employee’s
  898  agency; a lobbyist who lobbies a reporting individual’s or
  899  procurement employee’s agency; the partner, firm, employer, or
  900  principal of a lobbyist; or another on behalf of the lobbyist or
  901  partner, firm, principal, or employer of the lobbyist is
  902  prohibited from giving, either directly or indirectly, a gift or
  903  gifts that have an aggregate has a value in excess of $100
  904  within a calendar year to the reporting individual or
  905  procurement employee or any other person on his or her behalf;
  906  however, such person may give a gift or gifts having a total
  907  value in excess of $100 to a reporting individual or procurement
  908  employee if the gift or gifts are is intended to be transferred
  909  to a governmental entity or a charitable organization.
  910         (b) However, A person who is regulated by this subsection,
  911  who is not regulated by subsection (6), and who makes, or
  912  directs another to make, an individual gift having a value in
  913  excess of $25, but not in excess of $100, other than a gift
  914  which the donor knows will be accepted on behalf of a
  915  governmental entity or charitable organization, must file a
  916  report on the last day of each calendar quarter, for the
  917  previous calendar quarter in which a reportable gift is made.
  918  The report shall be filed with the Commission on Ethics, except
  919  with respect to gifts to reporting individuals of the
  920  legislative branch, in which case the report shall be filed with
  921  the Division of Legislative Information Services in the Office
  922  of Legislative Services. The report must contain a description
  923  of each gift, the monetary value thereof, the name and address
  924  of the person making such gift, the name and address of the
  925  recipient of the gift, and the date such gift is given. In
  926  addition, when a gift is made which requires the filing of a
  927  report under this subsection, the donor must notify the intended
  928  recipient at the time the gift is made that the donor, or
  929  another on his or her behalf, will report the gift under this
  930  subsection. Under this paragraph, a gift need not be reported by
  931  more than one person or entity.
  932         (c) In addition, each reporting individual or procurement
  933  employee shall file a statement with the commission, except with
  934  respect to a gift to a reporting individual of the legislative
  935  branch, in which case the report shall be filed with the
  936  Division of Legislative Information Services in the Office of
  937  Legislative Services, not later than the last day of each
  938  calendar quarter, for the previous calendar quarter, containing
  939  a list of gifts which he or she believes to have a value in
  940  excess of $25, if any, accepted by him or her, from a person who
  941  is regulated by this subsection, except the following:
  942         1. Gifts from relatives.
  943         2. Gifts prohibited by subsection (4) or s. 112.313(4).
  944         3. Gifts otherwise required to be disclosed by this
  945  section.
  946  
  947  The report must contain a description of each gift, the monetary
  948  value thereof, the name and address of the person making the
  949  gift, the name and address of the recipient of the gift, and the
  950  date the gift was given.
  951         Section 9. Paragraph (e) of subsection (1) and subsections
  952  (3) and (4) of section 112.3149, Florida Statutes, are amended,
  953  and paragraph (f) is added to subsection (1) of that section, to
  954  read:
  955         112.3149 Solicitation and disclosure of honoraria.—
  956         (1) As used in this section:
  957         (e) “Procurement employee” means any employee of an
  958  officer, department, board, commission, or council, or agency of
  959  the executive branch or judicial branch of state government who
  960  participated in the preceding 12 months participates through
  961  decision, approval, disapproval, recommendation, preparation of
  962  any part of a purchase request, influencing the content of any
  963  specification or procurement standard, rendering of advice,
  964  investigation, or auditing or in any other advisory capacity in
  965  the procurement of contractual services or commodities as
  966  defined in s. 287.012, if the cost of such services or
  967  commodities exceeds $10,000 $1,000 in any fiscal year.
  968         (f) “Vendor” means a business entity doing business
  969  directly with an agency, such as renting, leasing, or selling
  970  any realty, goods, or services.
  971         (3) A reporting individual or procurement employee is
  972  prohibited from knowingly accepting an honorarium from a
  973  political committee or committee of continuous existence, as
  974  defined in s. 106.011, from a vendor doing business with the
  975  reporting individual’s or procurement employee’s agency, from a
  976  lobbyist who lobbies the reporting individual’s or procurement
  977  employee’s agency, or from the employer, principal, partner, or
  978  firm of such a lobbyist.
  979         (4) A political committee or committee of continuous
  980  existence, as defined in s. 106.011, a vendor doing business
  981  with the reporting individual’s or the procurement employee’s
  982  agency, a lobbyist who lobbies a reporting individual’s or
  983  procurement employee’s agency, or the employer, principal,
  984  partner, or firm of such a lobbyist is prohibited from giving an
  985  honorarium to a reporting individual or procurement employee.
  986         Section 10. Section 112.317, Florida Statutes, is amended
  987  to read:
  988         112.317 Penalties.—
  989         (1) Violation of any provision of this part, including, but
  990  not limited to, any failure to file any disclosures required by
  991  this part or violation of any standard of conduct imposed by
  992  this part, or violation of any provision of s. 8, Art. II of the
  993  State Constitution, in addition to any criminal penalty or other
  994  civil penalty involved, shall, under applicable constitutional
  995  and statutory procedures, constitute grounds for, and may be
  996  punished by, one or more of the following:
  997         (a) In the case of a public officer:
  998         1. Impeachment.
  999         2. Removal from office.
 1000         3. Suspension from office.
 1001         4. Public censure and reprimand.
 1002         5. Forfeiture of no more than one-third salary per month
 1003  for no more than 12 months.
 1004         6. A civil penalty not to exceed $100,000 $10,000.
 1005         7. Restitution of any pecuniary benefits received because
 1006  of the violation committed. The commission may recommend that
 1007  the restitution penalty be paid to the agency of which the
 1008  public officer was a member or to the General Revenue Fund.
 1009         (b) In the case of an employee or a person designated as a
 1010  public officer by this part who otherwise would be deemed to be
 1011  an employee:
 1012         1. Dismissal from employment.
 1013         2. Suspension from employment for not more than 90 days
 1014  without pay.
 1015         3. Demotion.
 1016         4. Reduction in salary level.
 1017         5. Forfeiture of no more than one-third salary per month
 1018  for no more than 12 months.
 1019         6. A civil penalty not to exceed $100,000 $10,000.
 1020         7. Restitution of any pecuniary benefits received because
 1021  of the violation committed. The commission may recommend that
 1022  the restitution penalty be paid to the agency by which the
 1023  public employee was employed, or of which the officer was deemed
 1024  to be an employee, or to the General Revenue Fund.
 1025         8. Public censure and reprimand.
 1026         (c) In the case of a candidate who violates the provisions
 1027  of this part or s. 8(a) and (i), Art. II of the State
 1028  Constitution:
 1029         1. Disqualification from being on the ballot.
 1030         2. Public censure.
 1031         3. Reprimand.
 1032         4. A civil penalty not to exceed $100,000 $10,000.
 1033         (d) In the case of a former public officer or employee who
 1034  has violated a provision applicable to former officers or
 1035  employees or whose violation occurred before the officer’s or
 1036  employee’s leaving public office or employment:
 1037         1. Public censure and reprimand.
 1038         2. A civil penalty not to exceed $100,000 $10,000.
 1039         3. Restitution of any pecuniary benefits received because
 1040  of the violation committed. The commission may recommend that
 1041  the restitution penalty be paid to the agency of the public
 1042  officer or employee or to the General Revenue Fund.
 1043         (e) In the case of a person who is subject to the standards
 1044  of this part, other than a lobbyist or lobbying firm under s.
 1045  112.3215 for a violation of s. 112.3215, but who is not a public
 1046  officer or employee:
 1047         1. Public censure and reprimand.
 1048         2. A civil penalty not to exceed $100,000 $10,000.
 1049         3. Restitution of any pecuniary benefits received because
 1050  of the violation committed. The commission may recommend that
 1051  the restitution penalty be paid to the agency of the person or
 1052  to the General Revenue Fund.
 1053         (2) A person who knowingly fails to file a disclosure
 1054  required by this part within 90 days after the specified date
 1055  required by law commits a misdemeanor of the first degree,
 1056  punishable as provided in s. 775.082 or s. 775.083.
 1057         (3)(2) In any case in which the commission finds a
 1058  violation of this part or of s. 8, Art. II of the State
 1059  Constitution and the proper disciplinary official or body under
 1060  s. 112.324 imposes a civil penalty or restitution penalty, the
 1061  Attorney General shall bring a civil action to recover such
 1062  penalty. A No defense may not be raised in the civil action to
 1063  enforce the civil penalty or order of restitution that could
 1064  have been raised by judicial review of the administrative
 1065  findings and recommendations of the commission by certiorari to
 1066  the district court of appeal. The Attorney General shall collect
 1067  any costs, attorney’s fees, expert witness fees, or other costs
 1068  of collection incurred in bringing the action.
 1069         (4)(3) The penalties prescribed in this part do shall not
 1070  be construed to limit or to conflict with:
 1071         (a) The power of either house of the Legislature to
 1072  discipline its own members or impeach a public officer.
 1073         (b) The power of agencies to discipline officers or
 1074  employees.
 1075         (5)(4) Any violation of this part or of s. 8, Art. II of
 1076  the State Constitution by a public officer constitutes shall
 1077  constitute malfeasance, misfeasance, or neglect of duty in
 1078  office within the meaning of s. 7, Art. IV of the State
 1079  Constitution.
 1080         (6)(5) By order of the Governor, upon recommendation of the
 1081  commission, any elected municipal officer who violates any
 1082  provision of this part or of s. 8, Art. II of the State
 1083  Constitution may be suspended from office and the office filled
 1084  by appointment for the period of suspension. The suspended
 1085  officer may at any time before removal be reinstated by the
 1086  Governor. The Senate may, in proceedings prescribed by law,
 1087  remove from office, or reinstate, the suspended officer
 1088  official, and for such purpose the Senate may be convened in
 1089  special session by its President or by a majority of its
 1090  membership.
 1091         (7)(6) In any case in which the commission finds probable
 1092  cause to believe that a complainant has committed perjury in
 1093  regard to any document filed with, or any testimony given
 1094  before, the commission, it shall refer such evidence to the
 1095  appropriate law enforcement agency for prosecution and taxation
 1096  of costs.
 1097         (8)(7) In any case in which the commission determines that
 1098  a person has filed a complaint against a public officer or
 1099  employee with actual malice a malicious intent to injure the
 1100  reputation of such officer or employee by filing the complaint
 1101  with knowledge that the complaint contains one or more false
 1102  allegations or with reckless disregard for whether the complaint
 1103  contains false allegations of fact material to a violation of
 1104  this part, the complainant shall be liable for costs plus
 1105  reasonable attorney’s fees incurred in the defense of the person
 1106  complained against, including the costs and reasonable
 1107  attorney’s fees incurred in proving entitlement to and the
 1108  amount of costs and fees. If the complainant fails to pay such
 1109  costs and fees voluntarily within 30 days following such finding
 1110  by the commission, the commission shall forward such information
 1111  to the Department of Legal Affairs, which shall bring a civil
 1112  action in a court of competent jurisdiction to recover the
 1113  amount of such costs and fees awarded by the commission.
 1114         Section 11. Paragraphs (a) and (c) of subsection (8) of
 1115  section 112.3215, Florida Statutes, are amended, present
 1116  subsection (14) of that section is redesignated as subsection
 1117  (15), and a new subsection (14) is added to that section, to
 1118  read:
 1119         112.3215 Lobbying before the executive branch or the
 1120  Constitution Revision Commission; registration and reporting;
 1121  investigation by commission.—
 1122         (8)(a) The commission shall investigate every sworn
 1123  complaint that is filed with it alleging that a person covered
 1124  by this section has failed to register, has failed to submit a
 1125  compensation report, has made a prohibited expenditure, or has
 1126  knowingly submitted false information in any report or
 1127  registration required in this section.
 1128         (c) The commission shall investigate any lobbying firm,
 1129  lobbyist, principal, agency, officer, or employee upon receipt
 1130  of information from a sworn complaint or from a random audit of
 1131  lobbying reports indicating a possible violation other than a
 1132  late-filed report.
 1133         (14) Any person who is required to be registered or to
 1134  provide information under this section or under rules adopted
 1135  pursuant to this section and who knowingly fails to disclose any
 1136  material fact that is required by this section or by rules
 1137  adopted pursuant to this section, or who knowingly provides
 1138  false information on any report required by this section or by
 1139  rules adopted pursuant to this section, commits a noncriminal
 1140  infraction, punishable by a fine not to exceed $5,000. This fine
 1141  is in addition to any other penalty assessed by the Governor and
 1142  Cabinet pursuant to subsection (10).
 1143         Section 12. Section 112.324, Florida Statutes, is amended
 1144  to read:
 1145         112.324 Procedures on complaints of violations; public
 1146  records and meeting exemptions.—
 1147         (1) Upon a written complaint executed on a form prescribed
 1148  by the commission and signed under oath or affirmation by any
 1149  person, The commission shall investigate any alleged violation
 1150  of this part or any other alleged breach of the public trust
 1151  within the jurisdiction of the commission as provided in s.
 1152  8(f), Art. II of the State Constitution in accordance with
 1153  procedures set forth herein:.
 1154         (a) Upon a written complaint executed on a form prescribed
 1155  by the commission and signed under oath or affirmation by any
 1156  person;
 1157         (b) Upon receipt of reliable and publicly disseminated
 1158  information that seven members of the commission deem sufficient
 1159  to indicate a breach of the public trust, except that commission
 1160  staff may not undertake a formal investigation other than the
 1161  collection of publicly disseminated information before a
 1162  determination of sufficiency by the commission; or
 1163         (c)Upon receipt of a written referral of a possible
 1164  violation of this part or other possible breach of the public
 1165  trust from the Governor, the Chief Financial Officer, a state
 1166  attorney, the executive director of the Department of Law
 1167  Enforcement, or the statewide prosecutor, which seven members of
 1168  the commission deem sufficient to indicate a breach of the
 1169  public trust.
 1170  
 1171  Within 5 days after the commission receives receipt of a
 1172  complaint or after the commission determines that the
 1173  information or referral received is sufficient by the
 1174  commission, a copy shall be transmitted to the alleged violator.
 1175         (2)(a) The complaint and records relating to the complaint
 1176  or to any preliminary investigation or the commission’s
 1177  determination regarding the information or the referral, as
 1178  provided in this section, held by the commission or its agents,
 1179  by a Commission on Ethics and Public Trust established by any
 1180  county defined in s. 125.011(1) or by any municipality defined
 1181  in s. 165.031, or by any county or municipality that has
 1182  established a local investigatory process to enforce more
 1183  stringent standards of conduct and disclosure requirements as
 1184  provided in s. 112.326 are confidential and exempt from the
 1185  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1186  Constitution.
 1187         (b) Any proceeding conducted by the commission, a
 1188  Commission on Ethics and Public Trust, or a county or
 1189  municipality that has established such local investigatory
 1190  process, pursuant to a complaint, information, or referral as
 1191  provided in this section, or a preliminary investigation, is
 1192  exempt from the provisions of s. 286.011, s. 24(b), Art. I of
 1193  the State Constitution, and s. 120.525.
 1194         (c)1. The exemptions in paragraphs (a) and (b) apply until
 1195  the complaint is dismissed as legally insufficient, until the
 1196  alleged violator requests in writing that such records and
 1197  proceedings be made public, until the commission determines that
 1198  it will not investigate the complaint or referral, or until the
 1199  commission, a Commission on Ethics and Public Trust, or a county
 1200  or municipality that has established such local investigatory
 1201  process determines, based on such investigation, whether
 1202  probable cause exists to believe that a violation has occurred.
 1203         2. In no event shall A complaint under this part against a
 1204  candidate in any general, special, or primary election may not
 1205  be filed and or any intention of filing such a complaint may not
 1206  be disclosed on the day of any such election or within the 5
 1207  days immediately preceding the date of the election.
 1208         3. The confidentiality requirements of this section do not
 1209  prohibit the commission or its staff from sharing investigative
 1210  information with criminal investigative agencies.
 1211         (d) This subsection is subject to the Open Government
 1212  Sunset Review Act in accordance with s. 119.15 and shall stand
 1213  repealed on October 2, 2016 October 2, 2015, unless reviewed and
 1214  saved from repeal through reenactment by the Legislature.
 1215         (3) A preliminary investigation shall be undertaken by the
 1216  commission of each legally sufficient complaint, information, or
 1217  referral over which the commission has jurisdiction to determine
 1218  whether there is probable cause to believe that a violation has
 1219  occurred. If, upon completion of the preliminary investigation,
 1220  the commission finds no probable cause to believe that this part
 1221  has been violated or that any other breach of the public trust
 1222  has been committed, the commission shall dismiss the complaint
 1223  or proceeding with the issuance of a public report to the
 1224  complainant and the alleged violator, stating with particularity
 1225  its reasons for dismissal of the complaint. At that time, the
 1226  complaint, the proceeding, and all materials relating to the
 1227  complaint and proceeding shall become a matter of public record.
 1228  If the commission finds from the preliminary investigation
 1229  probable cause to believe that this part has been violated or
 1230  that any other breach of the public trust has been committed, it
 1231  shall so notify the complainant and the alleged violator in
 1232  writing. The Such notification and all documents made or
 1233  received in the disposition of the complaint or proceeding shall
 1234  then become public records. Upon request submitted to the
 1235  commission in writing, any person who the commission finds
 1236  probable cause to believe has violated any provision of this
 1237  part or has committed any other breach of the public trust shall
 1238  be entitled to a public hearing. Such person shall be deemed to
 1239  have waived the right to a public hearing if the request is not
 1240  received within 14 days following the mailing of the probable
 1241  cause notification required by this subsection. However, the
 1242  commission may on its own motion, require a public hearing, may
 1243  conduct such further investigation as it deems necessary, and
 1244  may enter into such stipulations and settlements as it finds to
 1245  be just and in the best interest of the state. The commission is
 1246  without jurisdiction to, and no respondent may voluntarily or
 1247  involuntarily, enter into a stipulation or settlement which
 1248  imposes any penalty, including, but not limited to, a sanction
 1249  or admonition or any other penalty contained in s. 112.317.
 1250  Penalties shall be imposed only by the appropriate disciplinary
 1251  authority as designated in this section.
 1252         (4) If, in cases pertaining to members of the Legislature,
 1253  upon completion of a full and final investigation by the
 1254  commission, the commission finds that there has been a violation
 1255  of this part or of any provision of s. 8, Art. II of the State
 1256  Constitution, the commission shall forward a copy of the
 1257  complaint, information, or referral and its findings by
 1258  certified mail to the President of the Senate or the Speaker of
 1259  the House of Representatives, whichever is applicable, who shall
 1260  refer the matter complaint to the appropriate committee for
 1261  investigation and action which shall be governed by the rules of
 1262  its respective house. It is shall be the duty of the committee
 1263  to report its final action upon the matter complaint to the
 1264  commission within 90 days of the date of transmittal to the
 1265  respective house. Upon request of the committee, the commission
 1266  shall submit a recommendation as to what penalty, if any, should
 1267  be imposed. In the case of a member of the Legislature, the
 1268  house in which the member serves shall have the power to invoke
 1269  the penalty provisions of this part.
 1270         (5) If, in cases pertaining to complaints against
 1271  impeachable officers, upon completion of a full and final
 1272  investigation by the commission, the commission finds that there
 1273  has been a violation of this part or of any provision of s. 8,
 1274  Art. II of the State Constitution, and the commission finds that
 1275  the violation may constitute grounds for impeachment, the
 1276  commission shall forward a copy of the complaint, information,
 1277  or referral and its findings by certified mail to the Speaker of
 1278  the House of Representatives, who shall refer the matter
 1279  complaint to the appropriate committee for investigation and
 1280  action which shall be governed by the rules of the House of
 1281  Representatives. It is shall be the duty of the committee to
 1282  report its final action upon the matter complaint to the
 1283  commission within 90 days of the date of transmittal.
 1284         (6) If the commission finds that there has been a violation
 1285  of this part or of any provision of s. 8, Art. II of the State
 1286  Constitution by an impeachable officer other than the Governor,
 1287  and the commission recommends public censure and reprimand,
 1288  forfeiture of a portion of the officer’s salary, a civil
 1289  penalty, or restitution, the commission shall report its
 1290  findings and recommendation of disciplinary action to the
 1291  Governor, who shall have the power to invoke the penalty
 1292  provisions of this part.
 1293         (7) If the commission finds that there has been a violation
 1294  of this part or of any provision of s. 8, Art. II of the State
 1295  Constitution by the Governor, and the commission recommends
 1296  public censure and reprimand, forfeiture of a portion of the
 1297  Governor’s salary, a civil penalty, or restitution, the
 1298  commission shall report its findings and recommendation of
 1299  disciplinary action to the Attorney General, who shall have the
 1300  power to invoke the penalty provisions of this part.
 1301         (8) If, in cases pertaining to complaints other than
 1302  complaints against impeachable officers or members of the
 1303  Legislature, upon completion of a full and final investigation
 1304  by the commission, the commission finds that there has been a
 1305  violation of this part or of s. 8, Art. II of the State
 1306  Constitution, it shall be the duty of the commission to report
 1307  its findings and recommend appropriate action to the proper
 1308  disciplinary official or body as follows, and such official or
 1309  body shall have the power to invoke the penalty provisions of
 1310  this part, including the power to order the appropriate
 1311  elections official to remove a candidate from the ballot for a
 1312  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
 1313  State Constitution:
 1314         (a) The President of the Senate and the Speaker of the
 1315  House of Representatives, jointly, in any case concerning the
 1316  Public Counsel, members of the Public Service Commission,
 1317  members of the Public Service Commission Nominating Council, the
 1318  Auditor General, the director of the Office of Program Policy
 1319  Analysis and Government Accountability, or members of the
 1320  Legislative Committee on Intergovernmental Relations.
 1321         (b) The Supreme Court, in any case concerning an employee
 1322  of the judicial branch.
 1323         (c) The President of the Senate, in any case concerning an
 1324  employee of the Senate; the Speaker of the House of
 1325  Representatives, in any case concerning an employee of the House
 1326  of Representatives; or the President and the Speaker, jointly,
 1327  in any case concerning an employee of a committee of the
 1328  Legislature whose members are appointed solely by the President
 1329  and the Speaker or in any case concerning an employee of the
 1330  Public Counsel, Public Service Commission, Auditor General,
 1331  Office of Program Policy Analysis and Government Accountability,
 1332  or Legislative Committee on Intergovernmental Relations.
 1333         (d) Except as otherwise provided by this part, the
 1334  Governor, in the case of any other public officer, public
 1335  employee, former public officer or public employee, candidate or
 1336  former candidate, or person who is not a public officer or
 1337  employee, other than lobbyists and lobbying firms under s.
 1338  112.3215 for violations of s. 112.3215.
 1339         (e) The President of the Senate or the Speaker of the House
 1340  of Representatives, whichever is applicable, in any case
 1341  concerning a former member of the Legislature who has violated a
 1342  provision applicable to former members or whose violation
 1343  occurred while a member of the Legislature.
 1344         (9) In addition to reporting its findings to the proper
 1345  disciplinary body or official, the commission shall report these
 1346  findings to the state attorney or any other appropriate official
 1347  or agency having authority to initiate prosecution when
 1348  violation of criminal law is indicated.
 1349         (10) Notwithstanding the foregoing procedures of this
 1350  section, a sworn complaint against any member or employee of the
 1351  Commission on Ethics for violation of this part or of s. 8, Art.
 1352  II of the State Constitution shall be filed with the President
 1353  of the Senate and the Speaker of the House of Representatives.
 1354  Each presiding officer shall, after determining that there are
 1355  sufficient grounds for review, appoint three members of their
 1356  respective bodies to a special joint committee who shall
 1357  investigate the complaint. The members shall elect a chair from
 1358  among their number. If the special joint committee finds
 1359  insufficient evidence to establish probable cause to believe a
 1360  violation of this part or of s. 8, Art. II of the State
 1361  Constitution has occurred, it shall dismiss the complaint. If,
 1362  upon completion of its preliminary investigation, the committee
 1363  finds sufficient evidence to establish probable cause to believe
 1364  a violation has occurred, the chair thereof shall transmit such
 1365  findings to the Governor who shall convene a meeting of the
 1366  Governor, the President of the Senate, the Speaker of the House
 1367  of Representatives, and the Chief Justice of the Supreme Court
 1368  to take such final action on the complaint as they shall deem
 1369  appropriate, consistent with the penalty provisions of this
 1370  part. Upon request of a majority of the Governor, the President
 1371  of the Senate, the Speaker of the House of Representatives, and
 1372  the Chief Justice of the Supreme Court, the special joint
 1373  committee shall submit a recommendation as to what penalty, if
 1374  any, should be imposed.
 1375         (11) Notwithstanding the provisions of subsections (1)-(8),
 1376  the commission may, at its discretion, dismiss any complaint,
 1377  information, or referral at any stage of disposition should it
 1378  determine that the public interest would not be served by
 1379  proceeding further, in which case the commission shall issue a
 1380  public report stating with particularity its reasons for the
 1381  dismissal.
 1382         Section 13. Paragraph (a) of subsection (5) of section
 1383  411.01, Florida Statutes, is amended to read:
 1384         411.01 School readiness programs; early learning
 1385  coalitions.—
 1386         (5) CREATION OF EARLY LEARNING COALITIONS.—
 1387         (a) Early learning coalitions.—
 1388         1. Each early learning coalition shall maintain direct
 1389  enhancement services at the local level and ensure access to
 1390  such services in all 67 counties.
 1391         2. The Agency for Workforce Innovation shall establish the
 1392  minimum number of children to be served by each early learning
 1393  coalition through the coalition’s school readiness program. The
 1394  Agency for Workforce Innovation may only approve school
 1395  readiness plans in accordance with this minimum number. The
 1396  minimum number must be uniform for every early learning
 1397  coalition and must:
 1398         a. Permit 31 or fewer coalitions to be established; and
 1399         b. Require each coalition to serve at least 2,000 children
 1400  based upon the average number of all children served per month
 1401  through the coalition’s school readiness program during the
 1402  previous 12 months.
 1403         3. If an early learning coalition would serve fewer
 1404  children than the minimum number established under subparagraph
 1405  2., the coalition must merge with another county to form a
 1406  multicounty coalition. The Agency for Workforce Innovation shall
 1407  adopt procedures for merging early learning coalitions,
 1408  including procedures for the consolidation of merging
 1409  coalitions, and for the early termination of the terms of
 1410  coalition members which are necessary to accomplish the mergers.
 1411  However, the Agency for Workforce Innovation shall grant a
 1412  waiver to an early learning coalition to serve fewer children
 1413  than the minimum number established under subparagraph 2., if:
 1414         a. The Agency for Workforce Innovation has determined
 1415  during the most recent review of the coalition’s school
 1416  readiness plan, or through monitoring and performance
 1417  evaluations conducted under paragraph (4)(l), that the coalition
 1418  has substantially implemented its plan;
 1419         b. The coalition demonstrates to the Agency for Workforce
 1420  Innovation the coalition’s ability to effectively and
 1421  efficiently implement the Voluntary Prekindergarten Education
 1422  Program; and
 1423         c. The coalition demonstrates to the Agency for Workforce
 1424  Innovation that the coalition can perform its duties in
 1425  accordance with law.
 1426  
 1427  If an early learning coalition fails or refuses to merge as
 1428  required by this subparagraph, the Agency for Workforce
 1429  Innovation may dissolve the coalition and temporarily contract
 1430  with a qualified entity to continue school readiness and
 1431  prekindergarten services in the coalition’s county or
 1432  multicounty region until the agency reestablishes the coalition
 1433  and a new school readiness plan is approved by the agency.
 1434         4. Each early learning coalition shall be composed of at
 1435  least 15 members but not more than 30 members. The Agency for
 1436  Workforce Innovation shall adopt standards establishing within
 1437  this range the minimum and maximum number of members that may be
 1438  appointed to an early learning coalition and procedures for
 1439  identifying which members have voting privileges under
 1440  subparagraph 6. These standards must include variations for a
 1441  coalition serving a multicounty region. Each early learning
 1442  coalition must comply with these standards.
 1443         5. The Governor shall appoint the chair and two other
 1444  members of each early learning coalition, who must each meet the
 1445  same qualifications as private sector business members appointed
 1446  by the coalition under subparagraph 7.
 1447         6. Each early learning coalition must include the following
 1448  member positions; however, in a multicounty coalition, each ex
 1449  officio member position may be filled by multiple nonvoting
 1450  members but no more than one voting member shall be seated per
 1451  member position. If an early learning coalition has more than
 1452  one member representing the same entity, only one of such
 1453  members may serve as a voting member:
 1454         a. A Department of Children and Family Services circuit
 1455  administrator or his or her designee who is authorized to make
 1456  decisions on behalf of the department.
 1457         b. A district superintendent of schools or his or her
 1458  designee who is authorized to make decisions on behalf of the
 1459  district.
 1460         c. A regional workforce board executive director or his or
 1461  her designee.
 1462         d. A county health department director or his or her
 1463  designee.
 1464         e. A children’s services council or juvenile welfare board
 1465  chair or executive director, if applicable.
 1466         f. An agency head of a local licensing agency as defined in
 1467  s. 402.302, where applicable.
 1468         g. A president of a community college or his or her
 1469  designee.
 1470         h. One member appointed by a board of county commissioners
 1471  or the governing board of a municipality.
 1472         i. A central agency administrator, where applicable.
 1473         j. A Head Start director.
 1474         k. A representative of private for-profit child care
 1475  providers, including private for-profit family day care homes.
 1476         l. A representative of faith-based child care providers.
 1477         m. A representative of programs for children with
 1478  disabilities under the federal Individuals with Disabilities
 1479  Education Act.
 1480         7. Including the members appointed by the Governor under
 1481  subparagraph 5., more than one-third of the members of each
 1482  early learning coalition must be private sector business members
 1483  who do not have, and none of whose relatives as defined in s.
 1484  112.3143 has, a substantial financial interest in the design or
 1485  delivery of the Voluntary Prekindergarten Education Program
 1486  created under part V of chapter 1002 or the coalition’s school
 1487  readiness program. To meet this requirement an early learning
 1488  coalition must appoint additional members. The Agency for
 1489  Workforce Innovation shall establish criteria for appointing
 1490  private sector business members. These criteria must include
 1491  standards for determining whether a member or relative has a
 1492  substantial financial interest in the design or delivery of the
 1493  Voluntary Prekindergarten Education Program or the coalition’s
 1494  school readiness program.
 1495         8. A majority of the voting membership of an early learning
 1496  coalition constitutes a quorum required to conduct the business
 1497  of the coalition. An early learning coalition board may use any
 1498  method of telecommunications to conduct meetings, including
 1499  establishing a quorum through telecommunications, provided that
 1500  the public is given proper notice of a telecommunications
 1501  meeting and reasonable access to observe and, when appropriate,
 1502  participate.
 1503         9. A voting member of an early learning coalition may not
 1504  appoint a designee to act in his or her place, except as
 1505  otherwise provided in this paragraph. A voting member may send a
 1506  representative to coalition meetings, but that representative
 1507  does not have voting privileges. When a district administrator
 1508  for the Department of Children and Family Services appoints a
 1509  designee to an early learning coalition, the designee is the
 1510  voting member of the coalition, and any individual attending in
 1511  the designee’s place, including the district administrator, does
 1512  not have voting privileges.
 1513         10. Each member of an early learning coalition is subject
 1514  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
 1515  112.3143(3) s. 112.3143(3)(a), each voting member is a local
 1516  public officer who must abstain from voting when a voting
 1517  conflict exists.
 1518         11. For purposes of tort liability, each member or employee
 1519  of an early learning coalition shall be governed by s. 768.28.
 1520         12. An early learning coalition serving a multicounty
 1521  region must include representation from each county.
 1522         13. Each early learning coalition shall establish terms for
 1523  all appointed members of the coalition. The terms must be
 1524  staggered and must be a uniform length that does not exceed 4
 1525  years per term. Coalition chairs shall be appointed for 4 years
 1526  in conjunction with their membership on the Early Learning
 1527  Advisory Council under s. 20.052. Appointed members may serve a
 1528  maximum of two consecutive terms. When a vacancy occurs in an
 1529  appointed position, the coalition must advertise the vacancy.
 1530         Section 14. Subsection (11) of section 445.007, Florida
 1531  Statutes, is amended to read:
 1532         445.007 Regional workforce boards.—
 1533         (11) To increase transparency and accountability, regional
 1534  workforce boards shall comply with the requirements of this
 1535  section before contracting with a member of the regional
 1536  workforce board. Such contracts shall not be executed before or
 1537  without the approval of Workforce Florida, Inc. Such contracts,
 1538  as well as documentation demonstrating adherence to this section
 1539  as specified by Workforce Florida, Inc., must be submitted to
 1540  the Agency for Workforce Innovation for review and
 1541  recommendation according to criteria to be determined by
 1542  Workforce Florida, Inc. Contracts between relatives, as defined
 1543  in s. 112.3143(1)(c) s. 112.3143(1)(b), of a board member or
 1544  employee of a board must be approved by a two-thirds vote of the
 1545  entire board; all conflicts must be disclosed prior to the vote;
 1546  and any member who may benefit from the contract, or whose
 1547  relative may benefit from the contract, must abstain from the
 1548  vote and the contract must be reviewed and approved as stated
 1549  above. Contracts under $25,000 between a regional workforce
 1550  board and a member of that board or between relatives, as
 1551  defined in s. 112.3143(1)(c) s. 112.3143(1)(b), of a board
 1552  member or employees of a board are exempt from the review and
 1553  recommendation process but must be approved by a two-thirds vote
 1554  of the entire board and must be reported to the Agency for
 1555  Workforce Innovation and Workforce Florida, Inc., within 30 days
 1556  after approval. If a contract cannot be approved by Workforce
 1557  Florida, Inc., a review of the decision to disapprove the
 1558  contract may be requested by the regional workforce board or
 1559  other parties to the disapproved contract. This subsection
 1560  expires July 1, 2012 July 1, 2011.
 1561         Section 15. For the purpose of incorporating the amendment
 1562  made by this act to section 112.3143, Florida Statutes, in a
 1563  reference thereto, paragraph (c) of subsection (1) of section
 1564  310.151, Florida Statutes, is reenacted to read:
 1565         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
 1566         (1)
 1567         (c) Committee members shall comply with the disclosure
 1568  requirements of s. 112.3143(4) if participating in any matter
 1569  that would result in special private gain or loss as described
 1570  in that subsection.
 1571         Section 16. For the purpose of incorporating the amendment
 1572  made by this act to section 112.3143, Florida Statutes, in a
 1573  reference thereto, paragraph (a) of subsection (25) of section
 1574  1002.33, Florida Statutes, is reenacted to read:
 1575         1002.33 Charter schools.—
 1576         (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1577         (a) A member of a governing board of a charter school,
 1578  including a charter school operated by a private entity, is
 1579  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
 1580         Section 17. This act shall take effect July 1, 2011.

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