CRC - 2017                                           CS for P 39
       
       
        
       By the Committee on Ethics and Elections; and Commissioners
       Gaetz and Kruppenbacher
       
       320-00236-17                                            201739c1
    1                         A proposal to amend                       
    2         Section 8 of Article II and Section 13 of Article V
    3         and create a new section in Article XII of the State
    4         Constitution to establish certain restrictions for
    5         specified public officers and employees regarding the
    6         personal representation for compensation of another
    7         person or entity before certain government bodies and
    8         to specify minimum requirements for the Code of Ethics
    9         as to the prohibition against abuse of public
   10         position.
   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 legislature or any
   41  state government body or agency, other than judicial tribunals,
   42  of which the individual was an officer or member for a period of
   43  six two years following vacation of office. A No member of the
   44  legislature or a statewide elected officer may not shall
   45  personally represent another person or entity for compensation
   46  during term of office before any federal agency; the
   47  legislature; any state government body or agency, other than
   48  judicial tribunals; or any political subdivision of the state.
   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 does not prohibit any public officer or
   76  public employee from representing his or her agency before any
   77  other governmental entities in the normal course of his or her
   78  duties.
   79         (5) Similar restrictions on other public officers and
   80  employees may be established by law.
   81         (f) There shall be an independent commission to conduct
   82  investigations and make public reports on all complaints
   83  concerning breach of public trust by public officers or
   84  employees not within the jurisdiction of the judicial
   85  qualifications commission.
   86         (g)(1) A code of ethics for all state employees and
   87  nonjudicial officers prohibiting conflict between public duty
   88  and private interests shall be prescribed by law.
   89         (2)The code of ethics shall, at a minimum, prohibit public
   90  officers or public employees from abusing their public position
   91  to obtain a disproportionate benefit for themselves; or to
   92  obtain a disproportionate benefit for their spouse, their
   93  children, their employer, or any other business entity with whom
   94  they do business or in which they own an interest. The Florida
   95  Commission on Ethics shall define disproportionate benefit and
   96  prescribe the requisite intent, if any, required for finding a
   97  violation of such prohibition, and shall prescribe appropriate
   98  financial penalties for violations of this paragraph.
   99         (h) This section shall not be construed to limit
  100  disclosures and prohibitions which may be established by law to
  101  preserve the public trust and avoid conflicts between public
  102  duties and private interests.
  103         (i) Schedule—On the effective date of this amendment and
  104  until changed by law:
  105         (1) Full and public disclosure of financial interests shall
  106  mean filing with the custodian of state records by July 1 of
  107  each year a sworn statement showing net worth and identifying
  108  each asset and liability in excess of $1,000 and its value
  109  together with one of the following:
  110         a. A copy of the person’s most recent federal income tax
  111  return; or
  112         b. A sworn statement which identifies each separate source
  113  and amount of income which exceeds $1,000. The forms for such
  114  source disclosure and the rules under which they are to be filed
  115  shall be prescribed by the independent commission established in
  116  subsection (f), and such rules shall include disclosure of
  117  secondary sources of income.
  118         (2) Persons holding statewide elective offices shall also
  119  file disclosure of their financial interests pursuant to
  120  subsection (i)(1).
  121         (3) The independent commission provided for in subsection
  122  (f) shall mean the Florida Commission on Ethics.
  123  
  124         Section 13 of Article V of the State Constitution is
  125  amended to read:
  126                              ARTICLE V                            
  127                              JUDICIARY                            
  128         SECTION 13. Ethics in the judiciary Prohibited activities.
  129  All justices and judges shall devote full time to their judicial
  130  duties. A justice or judge may They shall not engage in the
  131  practice of law or hold office in any political party. A justice
  132  or judge may not personally represent another person for
  133  compensation before the legislative, executive, or judicial
  134  branches of state government, other than practicing law before a
  135  judicial tribunal, for a period of six years following vacation
  136  of office.
  137  
  138         A new section is added to Article XII of the State
  139  Constitution to read:
  140                             ARTICLE XII                           
  141                              SCHEDULE                             
  142         Personal representation prohibitions for specified public
  143  officers and employees.—The amendments to Section 8 of Article
  144  II and Section 13 of Article V, which establish certain
  145  prohibitions on the personal representation for compensation of
  146  another person or entity before specified governmental bodies by
  147  certain public officers and employees, and the creation of this
  148  section, shall take effect January 1, 2020.