CRC - 2017 COMMISSIONER AMENDMENT
Proposal No. CS for P 39
Ì710062oÎ710062
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD .
03/19/2018 04:50 PM .
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Commissioners Gaetz, Schifino, and Kruppenbacher moved the
following:
1 CRC Substitute for Amendment (833998)
2
3 Delete lines 75 - 148
4 and insert:
5 (4) This subsection may not be construed to prohibit a
6 public officer or public employee from carrying out the duties
7 of his or her public office.
8 (5) Similar restrictions on other public officers and
9 employees may be established by law.
10 (f) There shall be an independent commission to conduct
11 investigations and make public reports on all complaints
12 concerning breach of public trust by public officers or
13 employees not within the jurisdiction of the judicial
14 qualifications commission.
15 (g)(1) A code of ethics for all state employees and
16 nonjudicial officers prohibiting conflict between public duty
17 and private interests shall be prescribed by law.
18 (2) A public officer or public employee may not abuse his
19 or her public position in order to obtain a disproportionate
20 benefit for himself or herself; his or her spouse, children, or
21 employer; or for any business with which he or she contracts; in
22 which he or she is an officer, a partner, a director, or a
23 proprietor; or in which he or she owns an interest. The Florida
24 Commission on Ethics shall, by rule in accordance with statutory
25 procedures governing administrative rulemaking, define the term
26 “disproportionate benefit” and prescribe the requisite intent
27 for finding a violation of this prohibition for purposes of
28 enforcing this paragraph. Appropriate penalties shall be
29 prescribed by law.
30 (h) This section shall not be construed to limit
31 disclosures and prohibitions which may be established by law to
32 preserve the public trust and avoid conflicts between public
33 duties and private interests.
34 (i) Schedule—On the effective date of this amendment and
35 until changed by law:
36 (1) Full and public disclosure of financial interests shall
37 mean filing with the custodian of state records by July 1 of
38 each year a sworn statement showing net worth and identifying
39 each asset and liability in excess of $1,000 and its value
40 together with one of the following:
41 a. A copy of the person’s most recent federal income tax
42 return; or
43 b. A sworn statement which identifies each separate source
44 and amount of income which exceeds $1,000. The forms for such
45 source disclosure and the rules under which they are to be filed
46 shall be prescribed by the independent commission established in
47 subsection (f), and such rules shall include disclosure of
48 secondary sources of income.
49 (2) Persons holding statewide elective offices shall also
50 file disclosure of their financial interests pursuant to
51 subsection (i)(1).
52 (3) The independent commission provided for in subsection
53 (f) shall mean the Florida Commission on Ethics.
54
55 Section 13 of Article V of the State Constitution is
56 amended to read:
57 ARTICLE V
58 JUDICIARY
59 SECTION 13. Ethics in the judiciary Prohibited activities.
60 All justices and judges shall devote full time to their judicial
61 duties. A justice or judge may They shall not engage in the
62 practice of law or hold office in any political party. A justice
63 or judge may not personally represent another person or entity
64 for compensation before the legislative, executive, or judicial
65 branches of state government, other than practicing law before a
66 judicial tribunal or in an administrative quasi-judicial
67 proceeding, for a period of six years following vacation of
68 office.
69
70 A new section is added to Article XII of the State
71 Constitution to read:
72 ARTICLE XII
73 SCHEDULE
74
75 Prohibitions regarding personal representation for
76 compensation and abuse of public position by public officers and
77 public employees.—The amendments to Section 8 of Article II and
78 Section 13 of Article V shall take effect December 31, 2020;
79 except that the Florida Commission on Ethics shall, by rule,
80 define the term “disproportionate benefit” and prescribe the
81 requisite intent for finding a violation of the prohibition
82 against abuse of public position by October 1, 2019, as
83 specified in Section 8(g) of Article II.