CRC - 2017 COMMISSIONER AMENDMENT
Proposal No. P 6007
Ì3339908Î333990
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD .
04/16/2018 04:30 PM .
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Commissioners Gaetz, Plymale, Carlton, Heuchan, Newsome,
Martinez, Schifino, Beruff, and Thurlow-Lippisch moved the
following:
1 CRC Substitute for Amendment (604040) (with title
2 amendment)
3
4 Delete everything after the proposal clause
5 and insert:
6 Section 8 of Article II of the State Constitution is
7 amended to read:
8 ARTICLE II
9 GENERAL PROVISIONS
10 SECTION 8. Ethics in government.—A public office is a
11 public trust. The people shall have the right to secure and
12 sustain that trust against abuse. To assure this right:
13 (a) All elected constitutional officers and candidates for
14 such offices and, as may be determined by law, other public
15 officers, candidates, and employees shall file full and public
16 disclosure of their financial interests.
17 (b) All elected public officers and candidates for such
18 offices shall file full and public disclosure of their campaign
19 finances.
20 (c) Any public officer or employee who breaches the public
21 trust for private gain and any person or entity inducing such
22 breach shall be liable to the state for all financial benefits
23 obtained by such actions. The manner of recovery and additional
24 damages may be provided by law.
25 (d) Any public officer or employee who is convicted of a
26 felony involving a breach of public trust shall be subject to
27 forfeiture of rights and privileges under a public retirement
28 system or pension plan in such manner as may be provided by law.
29 (e) No member of the legislature or statewide elected
30 officer shall personally represent another person or entity for
31 compensation before the government body or agency of which the
32 individual was an officer or member for a period of two years
33 following vacation of office. No member of the legislature shall
34 personally represent another person or entity for compensation
35 during term of office before any state agency other than
36 judicial tribunals. Similar restrictions on other public
37 officers and employees may be established by law.
38 (f)(1) For purposes of this subsection, the term “public
39 officer” means a statewide elected officer, a member of the
40 legislature, a county commissioner, a county officer pursuant to
41 Article VIII or county charter, a school board member, a
42 superintendent of schools, an elected municipal officer, an
43 elected special district officer in a special district with ad
44 valorem taxing authority, or a person serving as a secretary, an
45 executive director, or other agency head of a department of the
46 executive branch of state government.
47 (2) A public officer shall not lobby for compensation on
48 issues of policy, appropriations, or procurement before the
49 federal government, the legislature, any state government body
50 or agency, or any political subdivision of this state, during
51 his or her term of office.
52 (3) A public officer shall not lobby for compensation on
53 issues of policy, appropriations, or procurement for a period of
54 six years after vacation of public position, as follows:
55 a. A statewide elected officer or member of the legislature
56 shall not lobby the legislature or any state government body or
57 agency.
58 b. A person serving as a secretary, an executive director,
59 or other agency head of a department of the executive branch of
60 state government shall not lobby the legislature, the governor,
61 the executive office of the governor, members of the cabinet, a
62 department that is headed by a member of the cabinet, or his or
63 her former department.
64 c. A county commissioner, a county officer pursuant to
65 Article VIII or county charter, a school board member, a
66 superintendent of schools, an elected municipal officer, or an
67 elected special district officer in a special district with ad
68 valorem taxing authority shall not lobby his or her former
69 agency or governing body.
70 (4) This subsection shall not be construed to prohibit a
71 public officer from carrying out the duties of his or her public
72 office.
73 (5) The legislature may enact legislation to implement this
74 subsection, including, but not limited to, defining terms and
75 providing penalties for violations. Any such law shall not
76 contain provisions on any other subject.
77 (g)(f) There shall be an independent commission to conduct
78 investigations and make public reports on all complaints
79 concerning breach of public trust by public officers or
80 employees not within the jurisdiction of the judicial
81 qualifications commission.
82 (h)(1)(g) A code of ethics for all state employees and
83 nonjudicial officers prohibiting conflict between public duty
84 and private interests shall be prescribed by law.
85 (2) A public officer or public employee shall not abuse his
86 or her public position in order to obtain a disproportionate
87 benefit for himself or herself; his or her spouse, children, or
88 employer; or for any business with which he or she contracts; in
89 which he or she is an officer, a partner, a director, or a
90 proprietor; or in which he or she owns an interest. The Florida
91 Commission on Ethics shall, by rule in accordance with statutory
92 procedures governing administrative rulemaking, define the term
93 “disproportionate benefit” and prescribe the requisite intent
94 for finding a violation of this prohibition for purposes of
95 enforcing this paragraph. Appropriate penalties shall be
96 prescribed by law.
97 (i)(h) This section shall not be construed to limit
98 disclosures and prohibitions which may be established by law to
99 preserve the public trust and avoid conflicts between public
100 duties and private interests.
101 (j)(i) Schedule—On the effective date of this amendment and
102 until changed by law:
103 (1) Full and public disclosure of financial interests shall
104 mean filing with the custodian of state records by July 1 of
105 each year a sworn statement showing net worth and identifying
106 each asset and liability in excess of $1,000 and its value
107 together with one of the following:
108 a. A copy of the person’s most recent federal income tax
109 return; or
110 b. A sworn statement which identifies each separate source
111 and amount of income which exceeds $1,000. The forms for such
112 source disclosure and the rules under which they are to be filed
113 shall be prescribed by the independent commission established in
114 subsection (g) (f), and such rules shall include disclosure of
115 secondary sources of income.
116 (2) Persons holding statewide elective offices shall also
117 file disclosure of their financial interests pursuant to
118 paragraph (1) subsection (i)(1).
119 (3) The independent commission provided for in subsection
120 (g) (f) shall mean the Florida Commission on Ethics.
121
122 Section 13 of Article V of the State Constitution is
123 amended to read:
124 ARTICLE V
125 JUDICIARY
126 SECTION 13. Ethics in the judiciary Prohibited activities.—
127 (a) All justices and judges shall devote full time to their
128 judicial duties. A justice or judge They shall not engage in the
129 practice of law or hold office in any political party.
130 (b) A former justice or former judge shall not lobby for
131 compensation on issues of policy, appropriations, or procurement
132 before the legislative or executive branches of state government
133 for a period of six years after he or she vacates his or her
134 judicial position. The legislature may enact legislation to
135 implement this subsection, including, but not limited to,
136 defining terms and providing penalties for violations. Any such
137 law shall not contain provisions on any other subject.
138
139 A new section is added to Article XII of the State
140 Constitution to read:
141 ARTICLE XII
142 SCHEDULE
143 Prohibitions regarding lobbying for compensation and abuse
144 of public position by public officers and public employees.—The
145 amendments to Section 8 of Article II and Section 13 of Article
146 V shall take effect December 31, 2022; except that the
147 amendments to Section 8(h) of Article II shall take effect
148 December 31, 2020, and:
149 (a) The Florida Commission on Ethics shall, by rule, define
150 the term “disproportionate benefit” and prescribe the requisite
151 intent for finding a violation of the prohibition against abuse
152 of public position by October 1, 2019, as specified in Section
153 8(h) of Article II.
154 (b) Following the adoption of rules pursuant to subsection
155 (a), the legislature shall enact implementing legislation
156 establishing penalties for violations of the prohibition against
157 abuse of public position to take effect December 31, 2020.
158
159 BE IT FURTHER PROPOSED that the following statement be placed on
160 the ballot:
161
162 CONSTITUTIONAL AMENDMENT
163 ARTICLE II, SECTION 8
164 ARTICLE V, SECTION 13
165 ARTICLE XII, NEW SECTION
166 LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands
167 current restrictions on lobbying for compensation by former
168 public officers; creates restrictions on lobbying for
169 compensation by currently serving public officers; provides
170 exceptions; prohibits certain abuses of public office for
171 personal benefit.
172
173 ================= T I T L E A M E N D M E N T ================
174 And the title is amended as follows:
175 Delete everything before the proposal clause
176 and insert:
177 REVISION 7
178
179 A proposal to amend Section 8 of Article II and
180 Section 13 of Article V and create a new section in
181 Article XII of the State Constitution to establish
182 certain restrictions for specified public officers and
183 employees regarding lobbying for compensation of
184 another person or entity before certain government
185 bodies and abuse of office.