CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 19
       
       
       
       
       
       
                                Ì356920"Î356920                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/01/2018           .                                
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       The Committee on Ethics and Elections (Gaetz and Kruppenbacher)
       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 state public officer may not be employed by any
   54  person or entity that represents another person or entity for
   55  compensation before any state government body or agency, other
   56  than judicial tribunals, during his or her term of office.
   57         (4) A county officer pursuant to Article VIII or a county
   58  charter, a school board member, a superintendent of schools, an
   59  elected municipal officer, or an elected special district
   60  officer in a special district with ad valorem taxing authority,
   61  may not personally represent another person or entity for
   62  compensation:
   63         a. Before his or her former agency or governing body for a
   64  period of six years following vacation of office.
   65         b. Before any federal agency; the legislature; any state
   66  government body or agency, other than judicial tribunals; or any
   67  political subdivision of the state during his or her term of
   68  office.
   69         (5) This subsection does not prohibit any public officer or
   70  public employee from representing his or her agency before any
   71  other governmental entities in the normal course of his or her
   72  duties.
   73         (6) Similar restrictions on other public officers and
   74  employees may be established by law.
   75         (f) There shall be an independent commission to conduct
   76  investigations and make public reports on all complaints
   77  concerning breach of public trust by public officers or
   78  employees not within the jurisdiction of the judicial
   79  qualifications commission.
   80         (g)(1) A code of ethics for all state employees and
   81  nonjudicial officers prohibiting conflict between public duty
   82  and private interests shall be prescribed by law.
   83         (2)The code of ethics shall, at a minimum, prohibit public
   84  officers or public employees from abusing their public position
   85  to obtain a disproportionate benefit for themselves; or to
   86  obtain a disproportionate benefit for their spouse, their
   87  children, their employer, or any other business entity with whom
   88  they do business or in which they own an interest. The Florida
   89  Commission on Ethics shall define disproportionate benefit and
   90  prescribe the requisite intent, if any, required for finding a
   91  violation of such prohibition, and shall prescribe appropriate
   92  financial penalties for violations of this paragraph.
   93         (h) This section shall not be construed to limit
   94  disclosures and prohibitions which may be established by law to
   95  preserve the public trust and avoid conflicts between public
   96  duties and private interests.
   97         (i) Schedule—On the effective date of this amendment and
   98  until changed by law:
   99         (1) Full and public disclosure of financial interests shall
  100  mean filing with the custodian of state records by July 1 of
  101  each year a sworn statement showing net worth and identifying
  102  each asset and liability in excess of $1,000 and its value
  103  together with one of the following:
  104         a. A copy of the person’s most recent federal income tax
  105  return; or
  106         b. A sworn statement which identifies each separate source
  107  and amount of income which exceeds $1,000. The forms for such
  108  source disclosure and the rules under which they are to be filed
  109  shall be prescribed by the independent commission established in
  110  subsection (f), and such rules shall include disclosure of
  111  secondary sources of income.
  112         (2) Persons holding statewide elective offices shall also
  113  file disclosure of their financial interests pursuant to
  114  subsection (i)(1).
  115         (3) The independent commission provided for in subsection
  116  (f) shall mean the Florida Commission on Ethics.
  117  
  118         Section 13 of Article V of the State Constitution is
  119  amended to read:
  120                              ARTICLE V                            
  121                              JUDICIARY                            
  122         SECTION 13. Ethics in the judiciary Prohibited activities.
  123  All justices and judges shall devote full time to their judicial
  124  duties. A justice or judge may They shall not engage in the
  125  practice of law or hold office in any political party. A justice
  126  or judge may not personally represent another person for
  127  compensation before the legislative, executive, or judicial
  128  branches of state government, other than practicing law before a
  129  judicial tribunal, for a period of six years following vacation
  130  of office.
  131  
  132         A new section is added to Article XII of the State
  133  Constitution to read:
  134                             ARTICLE XII                           
  135                              SCHEDULE                             
  136         Personal representation prohibitions for specified public
  137  officers and employees.—The amendments to Section 8 of Article
  138  II and Section 13 of Article V, which establish certain
  139  prohibitions on the personal representation for compensation of
  140  another person or entity before specified governmental bodies by
  141  certain public officers and employees, and the creation of this
  142  section, shall take effect January 1, 2020.
  143  
  144  ================= T I T L E  A M E N D M E N T ================
  145  And the title is amended as follows:
  146         Delete everything before the proposal clause
  147  and insert:
  148                         A proposal to amend                       
  149         Section 8 of Article II and Section 13 of Article V
  150         and create a new section in Article XII of the State
  151         Constitution to establish certain restrictions for
  152         specified public officers and employees regarding the
  153         personal representation for compensation of another
  154         person or entity before person or entity before
  155         certain government bodies, to prohibit the employment
  156         of state public officers by certain entities during a
  157         term of office, and to specify minimum requirements
  158         for the Code of Ethics as to the prohibition against
  159         abuse of public position.