CRC - 2017                                                  P 39
       
       
        
       By Commissioner Gaetz
       
       gaetzd-00043A-17                                        201739__
    1                         A proposal to amend                       
    2         Section 8 of Article II and Section 13 of Article V
    3         and create a new section in Article XII of the State
    4         Constitution to establish certain restrictions for
    5         specified public officers and employees regarding the
    6         personal representation for compensation of another
    7         person or entity before certain government bodies.
    8          
    9  Be It Proposed by the Constitution Revision Commission of
   10  Florida:
   11  
   12         Section 8 of Article II of the State Constitution is
   13  amended to read:
   14                             ARTICLE II                            
   15                         GENERAL PROVISIONS                        
   16         SECTION 8. Ethics in government.—A public office is a
   17  public trust. The people shall have the right to secure and
   18  sustain that trust against abuse. To assure this right:
   19         (a) All elected constitutional officers and candidates for
   20  such offices and, as may be determined by law, other public
   21  officers, candidates, and employees shall file full and public
   22  disclosure of their financial interests.
   23         (b) All elected public officers and candidates for such
   24  offices shall file full and public disclosure of their campaign
   25  finances.
   26         (c) Any public officer or employee who breaches the public
   27  trust for private gain and any person or entity inducing such
   28  breach shall be liable to the state for all financial benefits
   29  obtained by such actions. The manner of recovery and additional
   30  damages may be provided by law.
   31         (d) Any public officer or employee who is convicted of a
   32  felony involving a breach of public trust shall be subject to
   33  forfeiture of rights and privileges under a public retirement
   34  system or pension plan in such manner as may be provided by law.
   35         (e)(1)A No member of the legislature or a statewide
   36  elected officer may not shall personally represent another
   37  person or entity for compensation before the legislature or any
   38  state government body or agency, other than judicial tribunals,
   39  of which the individual was an officer or member for a period of
   40  six two years following vacation of office. A No member of the
   41  legislature or a statewide elected officer may not shall
   42  personally represent another person or entity for compensation
   43  during term of office before any federal agency; the
   44  legislature; any state government body or agency, other than
   45  judicial tribunals; or any political subdivision of the state.
   46         (2) A person who served as a secretary, executive director,
   47  or other agency head of a department of the executive branch of
   48  state government, may not personally represent another person or
   49  entity for compensation before the legislature, the governor,
   50  the executive office of the governor, members of the cabinet, a
   51  department that is headed by a member of the cabinet, or his or
   52  her former department for a period of six years following
   53  vacation of his or her position. A person who is serving as a
   54  secretary, executive director, or other agency head of a
   55  department of the executive branch of state government, may not
   56  personally represent another person or entity for compensation
   57  before any federal agency; the legislature; any state government
   58  body or agency, other than judicial tribunals; or any political
   59  subdivision of the state.
   60         (3) A county officer pursuant to Article VIII or a county
   61  charter, a school board member, a superintendent of schools, an
   62  elected municipal officer, or an elected special district
   63  officer in a special district with ad valorem taxing authority,
   64  may not personally represent another person or entity for
   65  compensation:
   66         a. Before his or her former agency or governing body for a
   67  period of six years following vacation of office.
   68         b. Before any federal agency; the legislature; any state
   69  government body or agency, other than judicial tribunals; or any
   70  political subdivision of the state during his or her term of
   71  office.
   72         (4) This subsection does not prohibit any public officer or
   73  public employee from representing his or her agency before any
   74  other governmental entities in the normal course of his or her
   75  duties.
   76         (5) Similar restrictions on other public officers and
   77  employees may be established by law.
   78         (f) There shall be an independent commission to conduct
   79  investigations and make public reports on all complaints
   80  concerning breach of public trust by public officers or
   81  employees not within the jurisdiction of the judicial
   82  qualifications commission.
   83         (g) A code of ethics for all state employees and
   84  nonjudicial officers prohibiting conflict between public duty
   85  and private interests shall be prescribed by law.
   86         (h) This section shall not be construed to limit
   87  disclosures and prohibitions which may be established by law to
   88  preserve the public trust and avoid conflicts between public
   89  duties and private interests.
   90         (i) Schedule—On the effective date of this amendment and
   91  until changed by law:
   92         (1) Full and public disclosure of financial interests shall
   93  mean filing with the custodian of state records by July 1 of
   94  each year a sworn statement showing net worth and identifying
   95  each asset and liability in excess of $1,000 and its value
   96  together with one of the following:
   97         a. A copy of the person’s most recent federal income tax
   98  return; or
   99         b. A sworn statement which identifies each separate source
  100  and amount of income which exceeds $1,000. The forms for such
  101  source disclosure and the rules under which they are to be filed
  102  shall be prescribed by the independent commission established in
  103  subsection (f), and such rules shall include disclosure of
  104  secondary sources of income.
  105         (2) Persons holding statewide elective offices shall also
  106  file disclosure of their financial interests pursuant to
  107  subsection (i)(1).
  108         (3) The independent commission provided for in subsection
  109  (f) shall mean the Florida Commission on Ethics.
  110  
  111         Section 13 of Article V of the State Constitution is
  112  amended to read:
  113                              ARTICLE V                            
  114                              JUDICIARY                            
  115         SECTION 13. Ethics in the judiciary Prohibited activities.
  116  All justices and judges shall devote full time to their judicial
  117  duties. A justice or judge may They shall not engage in the
  118  practice of law or hold office in any political party. A justice
  119  or judge may not personally represent another person for
  120  compensation before the legislative, executive, or judicial
  121  branches of state government, other than practicing law before a
  122  judicial tribunal, for a period of six years following vacation
  123  of office.
  124  
  125         A new section is added to Article XII of the State
  126  Constitution to read:
  127                             ARTICLE XII                           
  128                              SCHEDULE                             
  129         Personal representation prohibitions for specified public
  130  officers and employees.—The amendments to Section 8 of Article
  131  II and Section 13 of Article V, which establish certain
  132  prohibitions on the personal representation for compensation of
  133  another person or entity before specified governmental bodies by
  134  certain public officers and employees, and the creation of this
  135  section, shall take effect January 1, 2020.