CRC - 2017                                                P 6007
       
       
        
       By the Committee on Style and Drafting
       
       350-00437-17                                          20176007__
    1  
    2                             REVISION 7                            
    3  
    4         A proposal to amend Section 8 of Article II and
    5         Section 13 of Article V and create a new section in
    6         Article XII of the State Constitution to establish
    7         certain restrictions for specified public officers and
    8         employees regarding the personal representation for
    9         compensation of another person or entity before
   10         certain government bodies.
   11          
   12  Be It Proposed by the Constitution Revision Commission of
   13  Florida:
   14  
   15         Section 8 of Article II of the State Constitution is
   16  amended to read:
   17                             ARTICLE II                            
   18                         GENERAL PROVISIONS                        
   19         SECTION 8. Ethics in government.—A public office is a
   20  public trust. The people shall have the right to secure and
   21  sustain that trust against abuse. To assure this right:
   22         (a) All elected constitutional officers and candidates for
   23  such offices and, as may be determined by law, other public
   24  officers, candidates, and employees shall file full and public
   25  disclosure of their financial interests.
   26         (b) All elected public officers and candidates for such
   27  offices shall file full and public disclosure of their campaign
   28  finances.
   29         (c) Any public officer or employee who breaches the public
   30  trust for private gain and any person or entity inducing such
   31  breach shall be liable to the state for all financial benefits
   32  obtained by such actions. The manner of recovery and additional
   33  damages may be provided by law.
   34         (d) Any public officer or employee who is convicted of a
   35  felony involving a breach of public trust shall be subject to
   36  forfeiture of rights and privileges under a public retirement
   37  system or pension plan in such manner as may be provided by law.
   38         (e)(1)A No member of the legislature or a statewide
   39  elected officer may not shall personally represent another
   40  person or entity for compensation before the government body or
   41  agency of which the individual was an officer or member for a
   42  period of six two years following vacation of office. A No
   43  member of the legislature or a statewide elected officer may not
   44  shall personally represent another person or entity for
   45  compensation during term of office before any federal agency;
   46  the legislature; any state government body or agency, other than
   47  judicial tribunals; or any political subdivision of the state,
   48  other than an administrative action subject to judicial review.
   49         (2) A person who served as a secretary, executive director,
   50  or other agency head of a department of the executive branch of
   51  state government, may not personally represent another person or
   52  entity for compensation before the legislature, the governor,
   53  the executive office of the governor, members of the cabinet, a
   54  department that is headed by a member of the cabinet, or his or
   55  her former department for a period of six years following
   56  vacation of his or her position. A person who is serving as a
   57  secretary, executive director, or other agency head of a
   58  department of the executive branch of state government, may not
   59  personally represent another person or entity for compensation
   60  before any federal agency; the legislature; any state government
   61  body or agency, other than judicial tribunals; or any political
   62  subdivision of the state.
   63         (3) A county officer pursuant to Article VIII or a county
   64  charter, a school board member, a superintendent of schools, an
   65  elected municipal officer, or an elected special district
   66  officer in a special district with ad valorem taxing authority,
   67  may not personally represent another person or entity for
   68  compensation:
   69         a. Before his or her former agency or governing body for a
   70  period of six years following vacation of office.
   71         b. Before any federal agency; the legislature; any state
   72  government body or agency, other than judicial tribunals; or any
   73  political subdivision of the state during his or her term of
   74  office.
   75         (4)This subsection may not be construed to prohibit a
   76  public officer or public employee from carrying out the duties
   77  of his or her public office.
   78         (5) Similar restrictions on other public officers and
   79  employees may be established by law.
   80         (f) There shall be an independent commission to conduct
   81  investigations and make public reports on all complaints
   82  concerning breach of public trust by public officers or
   83  employees not within the jurisdiction of the judicial
   84  qualifications commission.
   85         (g)(1) A code of ethics for all state employees and
   86  nonjudicial officers prohibiting conflict between public duty
   87  and private interests shall be prescribed by law.
   88         (2)A public officer or public employee may not abuse his
   89  or her public position in order to obtain a disproportionate
   90  benefit for himself or herself; his or her spouse, children, or
   91  employer; or for any business with which he or she contracts; in
   92  which he or she is an officer, a partner, a director, or a
   93  proprietor; or in which he or she owns an interest. The Florida
   94  Commission on Ethics shall, by rule in accordance with statutory
   95  procedures governing administrative rulemaking, define the term
   96  “disproportionate benefit” and prescribe the requisite intent
   97  for finding a violation of this prohibition for purposes of
   98  enforcing this paragraph. Appropriate penalties shall be
   99  prescribed by law.
  100         (h) This section shall not be construed to limit
  101  disclosures and prohibitions which may be established by law to
  102  preserve the public trust and avoid conflicts between public
  103  duties and private interests.
  104         (i) Schedule—On the effective date of this amendment and
  105  until changed by law:
  106         (1) Full and public disclosure of financial interests shall
  107  mean filing with the custodian of state records by July 1 of
  108  each year a sworn statement showing net worth and identifying
  109  each asset and liability in excess of $1,000 and its value
  110  together with one of the following:
  111         a. A copy of the person’s most recent federal income tax
  112  return; or
  113         b. A sworn statement which identifies each separate source
  114  and amount of income which exceeds $1,000. The forms for such
  115  source disclosure and the rules under which they are to be filed
  116  shall be prescribed by the independent commission established in
  117  subsection (f), and such rules shall include disclosure of
  118  secondary sources of income.
  119         (2) Persons holding statewide elective offices shall also
  120  file disclosure of their financial interests pursuant to
  121  paragraph (1) subsection (i)(1).
  122         (3) The independent commission provided for in subsection
  123  (f) shall mean the Florida Commission on Ethics.
  124  
  125         Section 13 of Article V of the State Constitution is
  126  amended to read:
  127                              ARTICLE V                            
  128                              JUDICIARY                            
  129         SECTION 13. Ethics in the judiciary Prohibited activities.
  130  All justices and judges shall devote full time to their judicial
  131  duties. A justice or judge may They shall not engage in the
  132  practice of law or hold office in any political party. For a
  133  period of six years following vacation of office, a justice or
  134  judge may not personally represent another person or entity for
  135  compensation before the legislative or executive branches of
  136  state government, other than practicing law before a judicial
  137  tribunal or in administrative quasi-judicial proceedings, as
  138  those terms are defined by general law.
  139  
  140         A new section is added to Article XII of the State
  141  Constitution to read:
  142                             ARTICLE XII                           
  143                              SCHEDULE                             
  144         Prohibitions regarding personal representation for
  145  compensation and abuse of public position by public officers and
  146  public employees.—The amendments to Section 8 of Article II and
  147  Section 13 of Article V shall take effect December 31, 2020;
  148  except that the Florida Commission on Ethics shall, by rule,
  149  define the term “disproportionate benefit” and prescribe the
  150  requisite intent for finding a violation of the prohibition
  151  against abuse of public position by October 1, 2019, as
  152  specified in Section 8(g) of Article II.
  153  
  154  BE IT FURTHER PROPOSED that the following statement be placed on
  155  the ballot:
  156  
  157                      CONSTITUTIONAL AMENDMENT                     
  158                        ARTICLE II, SECTION 8                      
  159                        ARTICLE V, SECTION 13                      
  160                      ARTICLE XII, NEW SECTION                     
  161         LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands
  162  current restrictions on lobbying for compensation by former
  163  public officers; creates restrictions on lobbying for
  164  compensation by serving public officers; provides exceptions;
  165  prohibits certain abuses of public office for personal benefit.