CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. CS for P 39
       
       
       
       
       
       
                                Ì710062oÎ710062                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: 2/AD           .                                
             03/19/2018 04:50 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Commissioners Gaetz, Schifino, and Kruppenbacher moved the
       following:
       
    1         CRC Substitute for Amendment (833998) 
    2  
    3         Delete lines 75 - 148
    4  and insert:
    5         (4)This subsection may not be construed to prohibit a
    6  public officer or public employee from carrying out the duties
    7  of his or her public office.
    8         (5) Similar restrictions on other public officers and
    9  employees may be established by law.
   10         (f) There shall be an independent commission to conduct
   11  investigations and make public reports on all complaints
   12  concerning breach of public trust by public officers or
   13  employees not within the jurisdiction of the judicial
   14  qualifications commission.
   15         (g)(1) A code of ethics for all state employees and
   16  nonjudicial officers prohibiting conflict between public duty
   17  and private interests shall be prescribed by law.
   18         (2)A public officer or public employee may not abuse his
   19  or her public position in order to obtain a disproportionate
   20  benefit for himself or herself; his or her spouse, children, or
   21  employer; or for any business with which he or she contracts; in
   22  which he or she is an officer, a partner, a director, or a
   23  proprietor; or in which he or she owns an interest. The Florida
   24  Commission on Ethics shall, by rule in accordance with statutory
   25  procedures governing administrative rulemaking, define the term
   26  “disproportionate benefit” and prescribe the requisite intent
   27  for finding a violation of this prohibition for purposes of
   28  enforcing this paragraph. Appropriate penalties shall be
   29  prescribed by law.
   30         (h) This section shall not be construed to limit
   31  disclosures and prohibitions which may be established by law to
   32  preserve the public trust and avoid conflicts between public
   33  duties and private interests.
   34         (i) Schedule—On the effective date of this amendment and
   35  until changed by law:
   36         (1) Full and public disclosure of financial interests shall
   37  mean filing with the custodian of state records by July 1 of
   38  each year a sworn statement showing net worth and identifying
   39  each asset and liability in excess of $1,000 and its value
   40  together with one of the following:
   41         a. A copy of the person’s most recent federal income tax
   42  return; or
   43         b. A sworn statement which identifies each separate source
   44  and amount of income which exceeds $1,000. The forms for such
   45  source disclosure and the rules under which they are to be filed
   46  shall be prescribed by the independent commission established in
   47  subsection (f), and such rules shall include disclosure of
   48  secondary sources of income.
   49         (2) Persons holding statewide elective offices shall also
   50  file disclosure of their financial interests pursuant to
   51  subsection (i)(1).
   52         (3) The independent commission provided for in subsection
   53  (f) shall mean the Florida Commission on Ethics.
   54  
   55         Section 13 of Article V of the State Constitution is
   56  amended to read:
   57                              ARTICLE V                            
   58                              JUDICIARY                            
   59         SECTION 13. Ethics in the judiciary Prohibited activities.
   60  All justices and judges shall devote full time to their judicial
   61  duties. A justice or judge may They shall not engage in the
   62  practice of law or hold office in any political party. A justice
   63  or judge may not personally represent another person or entity
   64  for compensation before the legislative, executive, or judicial
   65  branches of state government, other than practicing law before a
   66  judicial tribunal or in an administrative quasi-judicial
   67  proceeding, for a period of six years following vacation of
   68  office.
   69  
   70         A new section is added to Article XII of the State
   71  Constitution to read:
   72                             ARTICLE XII                           
   73                              SCHEDULE                             
   74  
   75         Prohibitions regarding personal representation for
   76  compensation and abuse of public position by public officers and
   77  public employees.—The amendments to Section 8 of Article II and
   78  Section 13 of Article V shall take effect December 31, 2020;
   79  except that the Florida Commission on Ethics shall, by rule,
   80  define the term “disproportionate benefit” and prescribe the
   81  requisite intent for finding a violation of the prohibition
   82  against abuse of public position by October 1, 2019, as
   83  specified in Section 8(g) of Article II.