CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. CS for P 39
       
       
       
       
       
       
                                Ì833998mÎ833998                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: 1/RS           .                                
             03/19/2018 04:49 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Commissioners Gaetz and Schifino moved the following:
       
    1         CRC Amendment 
    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 his or her spouse, children, or employer; or for any
   21  business with which he or she contracts; in which he or she is
   22  an officer, a partner, a director, or a proprietor; or in which
   23  he or she owns an interest. The Florida Commission on Ethics
   24  shall, by rule in accordance with statutory procedures governing
   25  administrative rulemaking, define the term “disproportionate
   26  benefit” and prescribe the requisite intent for finding a
   27  violation of this prohibition for purposes of enforcing this
   28  paragraph. Appropriate penalties shall be prescribed by law.
   29         (h) This section shall not be construed to limit
   30  disclosures and prohibitions which may be established by law to
   31  preserve the public trust and avoid conflicts between public
   32  duties and private interests.
   33         (i) Schedule—On the effective date of this amendment and
   34  until changed by law:
   35         (1) Full and public disclosure of financial interests shall
   36  mean filing with the custodian of state records by July 1 of
   37  each year a sworn statement showing net worth and identifying
   38  each asset and liability in excess of $1,000 and its value
   39  together with one of the following:
   40         a. A copy of the person’s most recent federal income tax
   41  return; or
   42         b. A sworn statement which identifies each separate source
   43  and amount of income which exceeds $1,000. The forms for such
   44  source disclosure and the rules under which they are to be filed
   45  shall be prescribed by the independent commission established in
   46  subsection (f), and such rules shall include disclosure of
   47  secondary sources of income.
   48         (2) Persons holding statewide elective offices shall also
   49  file disclosure of their financial interests pursuant to
   50  subsection (i)(1).
   51         (3) The independent commission provided for in subsection
   52  (f) shall mean the Florida Commission on Ethics.
   53  
   54         Section 13 of Article V of the State Constitution is
   55  amended to read:
   56                              ARTICLE V                            
   57                              JUDICIARY                            
   58         SECTION 13. Ethics in the judiciary Prohibited activities.
   59  All justices and judges shall devote full time to their judicial
   60  duties. A justice or judge may They shall not engage in the
   61  practice of law or hold office in any political party. A justice
   62  or judge may not personally represent another person for
   63  compensation before the legislative, executive, or judicial
   64  branches of state government, other than practicing law before a
   65  judicial tribunal or in an administrative quasi-judicial
   66  proceeding, for a period of six years following vacation of
   67  office.
   68  
   69         A new section is added to Article XII of the State
   70  Constitution to read:
   71                             ARTICLE XII                           
   72                              SCHEDULE                             
   73  
   74         Prohibitions regarding personal representation for
   75  compensation and abuse of public position by public officers and
   76  public employees.—The amendments to Section 8 of Article II and
   77  Section 13 of Article V shall take effect January 1, 2020;
   78  except that the Florida Commission on Ethics shall, by rule,
   79  define the term “disproportionate benefit” and prescribe the
   80  requisite intent for finding a violation of the prohibition
   81  against abuse of public position by March 1, 2019, as specified
   82  in Section 8(g) of Article II.