CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. PCP 6007
       
       
       
       
       
       
                                Ì718958cÎ718958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/05/2018           .                                
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       The Committee on Style and Drafting (Jordan) recommended the
       following:
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete everything after the proposal clause
    4  and insert:
    5         Section 8 of Article II of the State Constitution is
    6  amended to read:
    7                             ARTICLE II                            
    8                         GENERAL PROVISIONS                        
    9         SECTION 8. Ethics in government.—A public office is a
   10  public trust. The people shall have the right to secure and
   11  sustain that trust against abuse. To assure this right:
   12         (a) All elected constitutional officers and candidates for
   13  such offices and, as may be determined by law, other public
   14  officers, candidates, and employees shall file full and public
   15  disclosure of their financial interests.
   16         (b) All elected public officers and candidates for such
   17  offices shall file full and public disclosure of their campaign
   18  finances.
   19         (c) Any public officer or employee who breaches the public
   20  trust for private gain and any person or entity inducing such
   21  breach shall be liable to the state for all financial benefits
   22  obtained by such actions. The manner of recovery and additional
   23  damages may be provided by law.
   24         (d) Any public officer or employee who is convicted of a
   25  felony involving a breach of public trust shall be subject to
   26  forfeiture of rights and privileges under a public retirement
   27  system or pension plan in such manner as may be provided by law.
   28         (e)(1)A No member of the legislature or a statewide
   29  elected officer may not shall personally represent another
   30  person or entity for compensation before the legislature or any
   31  state government body or agency, other than judicial tribunals,
   32  of which the individual was an officer or member for a period of
   33  six two years following vacation of office. A No member of the
   34  legislature or a statewide elected officer may not shall
   35  personally represent another person or entity for compensation
   36  during term of office before any federal agency; the
   37  legislature; any state government body or agency, other than
   38  judicial tribunals; or any political subdivision of the state.
   39         (2) A person who served as a secretary, executive director,
   40  or other agency head of a department of the executive branch of
   41  state government, may not personally represent another person or
   42  entity for compensation before the legislature, the governor,
   43  the executive office of the governor, members of the cabinet, a
   44  department that is headed by a member of the cabinet, or his or
   45  her former department for a period of six years following
   46  vacation of his or her position. A person who is serving as a
   47  secretary, executive director, or other agency head of a
   48  department of the executive branch of state government, may not
   49  personally represent another person or entity for compensation
   50  before any federal agency; the legislature; any state government
   51  body or agency, other than judicial tribunals; or any political
   52  subdivision of the state.
   53         (3) A county officer pursuant to Article VIII or a county
   54  charter, a school board member, a superintendent of schools, an
   55  elected municipal officer, or an elected special district
   56  officer in a special district with ad valorem taxing authority,
   57  may not personally represent another person or entity for
   58  compensation:
   59         a. Before his or her former agency or governing body for a
   60  period of six years following vacation of office.
   61         b. Before any federal agency; the legislature; any state
   62  government body or agency, other than judicial tribunals; or any
   63  political subdivision of the state during his or her term of
   64  office.
   65         (4)This subsection may not be construed to prohibit a
   66  public officer or public employee from carrying out the duties
   67  of his or her public office.
   68         (5) Similar restrictions on other public officers and
   69  employees may be established by law.
   70         (f) There shall be an independent commission to conduct
   71  investigations and make public reports on all complaints
   72  concerning breach of public trust by public officers or
   73  employees not within the jurisdiction of the judicial
   74  qualifications commission.
   75         (g)(1) A code of ethics for all state employees and
   76  nonjudicial officers prohibiting conflict between public duty
   77  and private interests shall be prescribed by law.
   78         (2)A public officer or public employee may not abuse his
   79  or her public position in order to obtain a disproportionate
   80  benefit for himself or herself; his or her spouse, children, or
   81  employer; or for any business with which he or she contracts; in
   82  which he or she is an officer, a partner, a director, or a
   83  proprietor; or in which he or she owns an interest. The Florida
   84  Commission on Ethics shall, by rule in accordance with statutory
   85  procedures governing administrative rulemaking, define the term
   86  “disproportionate benefit” and prescribe the requisite intent
   87  for finding a violation of this prohibition for purposes of
   88  enforcing this paragraph. Appropriate penalties shall be
   89  prescribed by law.
   90         (h) This section shall not be construed to limit
   91  disclosures and prohibitions which may be established by law to
   92  preserve the public trust and avoid conflicts between public
   93  duties and private interests.
   94         (i) Schedule—On the effective date of this amendment and
   95  until changed by law:
   96         (1) Full and public disclosure of financial interests shall
   97  mean filing with the custodian of state records by July 1 of
   98  each year a sworn statement showing net worth and identifying
   99  each asset and liability in excess of $1,000 and its value
  100  together with one of the following:
  101         a. A copy of the person’s most recent federal income tax
  102  return; or
  103         b. A sworn statement which identifies each separate source
  104  and amount of income which exceeds $1,000. The forms for such
  105  source disclosure and the rules under which they are to be filed
  106  shall be prescribed by the independent commission established in
  107  subsection (f), and such rules shall include disclosure of
  108  secondary sources of income.
  109         (2) Persons holding statewide elective offices shall also
  110  file disclosure of their financial interests pursuant to
  111  paragraph (1) subsection (i)(1).
  112         (3) The independent commission provided for in subsection
  113  (f) shall mean the Florida Commission on Ethics.
  114  
  115         Section 13 of Article V of the State Constitution is
  116  amended to read:
  117                              ARTICLE V                            
  118                              JUDICIARY                            
  119         SECTION 13. Ethics in the judiciary Prohibited activities.
  120  All justices and judges shall devote full time to their judicial
  121  duties. A justice or judge may They shall not engage in the
  122  practice of law or hold office in any political party. For a
  123  period of six years following vacation of office, a justice or
  124  judge may not personally represent another person or entity for
  125  compensation before the legislative or executive branches of
  126  state government, other than practicing law before a judicial
  127  tribunal or in administrative quasi-judicial proceedings, as
  128  those terms are defined by general law.
  129  
  130         A new section is added to Article XII of the State
  131  Constitution to read:
  132                             ARTICLE XII                           
  133                              SCHEDULE                             
  134         Prohibitions regarding personal representation for
  135  compensation and abuse of public position by public officers and
  136  public employees.—The amendments to Section 8 of Article II and
  137  Section 13 of Article V shall take effect December 31, 2020;
  138  except that the Florida Commission on Ethics shall, by rule,
  139  define the term “disproportionate benefit” and prescribe the
  140  requisite intent for finding a violation of the prohibition
  141  against abuse of public position by October 1, 2019, as
  142  specified in Section 8(g) of Article II.
  143  
  144  BE IT FURTHER PROPOSED that the following statement be placed on
  145  the ballot:
  146  
  147         LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands
  148  current restrictions on lobbying for compensation by former
  149  public officers; creates restrictions on lobbying for
  150  compensation by currently serving public officers; provides
  151  exceptions; prohibits certain abuses of public office for
  152  personal benefit.
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155  And the title is amended as follows:
  156         Delete everything before the proposal clause
  157  and insert:
  158                             REVISION 7                            
  159  
  160         A proposal to amend Section 8 of Article II and
  161         Section 13 of Article V and create a new section in
  162         Article XII of the State Constitution to establish
  163         certain restrictions for specified public officers and
  164         employees regarding the personal representation for
  165         compensation of another person or entity before
  166         certain government bodies.