CS for P 39                                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       201739e1
       
    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 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)(1) As used in this subsection, the term:
  101         a. “Lobbyist” means any person who is not an officer or a
  102  full-time employee of a political subdivision who seeks, for
  103  compensation, to influence governmental decision making on
  104  behalf of other individuals or entities.
  105         b. “Political subdivision” means any state, regional,
  106  county, municipal, or district governmental entity of this state
  107  or a part thereof, whether executive, judicial, or legislative;
  108  including any special district, school district, public school,
  109  state college, or state university.
  110         (2)a. A political subdivision may not retain a lobbyist to
  111  seek, or advocate for or against, an appropriation from the
  112  legislature for the primary benefit of that political
  113  subdivision. A lobbyist that is retained, or has been retained
  114  within the preceding six months, by a political subdivision to
  115  advocate on a policy issue may not seek, or advocate for or
  116  against, an appropriation from the legislature for the primary
  117  benefit of that political subdivision.
  118         b. A political subdivision may not retain a lobbyist to
  119  seek, or advocate for or against, an executive branch agency
  120  legislative budget request, the governor’s recommended budget,
  121  or the approval or veto of an appropriation made by the
  122  legislature for the primary benefit of that political
  123  subdivision. A lobbyist that is retained, or has been retained
  124  within the preceding six months, by a political subdivision to
  125  advocate on a policy issue may not seek, or advocate for or
  126  against, an executive branch agency legislative budget request,
  127  the governor’s recommended budget, or the approval or veto of an
  128  appropriation made by the legislature for the primary benefit of
  129  that political subdivision.
  130         (i)(h) This section shall not be construed to limit
  131  disclosures and prohibitions which may be established by law to
  132  preserve the public trust and avoid conflicts between public
  133  duties and private interests.
  134         (j)(i) Schedule—On the effective date of this amendment and
  135  until changed by law:
  136         (1) Full and public disclosure of financial interests shall
  137  mean filing with the custodian of state records by July 1 of
  138  each year a sworn statement showing net worth and identifying
  139  each asset and liability in excess of $1,000 and its value
  140  together with one of the following:
  141         a. A copy of the person’s most recent federal income tax
  142  return; or
  143         b. A sworn statement which identifies each separate source
  144  and amount of income which exceeds $1,000. The forms for such
  145  source disclosure and the rules under which they are to be filed
  146  shall be prescribed by the independent commission established in
  147  subsection (f), and such rules shall include disclosure of
  148  secondary sources of income.
  149         (2) Persons holding statewide elective offices shall also
  150  file disclosure of their financial interests pursuant to
  151  paragraph (1) subsection (i)(1).
  152         (3) The independent commission provided for in subsection
  153  (f) shall mean the Florida Commission on Ethics.
  154  
  155         Section 13 of Article V of the State Constitution is
  156  amended to read:
  157                              ARTICLE V                            
  158                              JUDICIARY                            
  159         SECTION 13. Ethics in the judiciary Prohibited activities.
  160  All justices and judges shall devote full time to their judicial
  161  duties. A justice or judge may They shall not engage in the
  162  practice of law or hold office in any political party. A justice
  163  or judge may not personally represent another person or entity
  164  for compensation before the legislative, executive, or judicial
  165  branches of state government, other than practicing law before a
  166  judicial tribunal or in an administrative quasi-judicial
  167  proceeding, for a period of six years following vacation of
  168  office.
  169  
  170         A new section is added to Article XII of the State
  171  Constitution to read:
  172                             ARTICLE XII                           
  173                              SCHEDULE                             
  174         Prohibitions regarding personal representation for
  175  compensation and abuse of public position by public officers and
  176  public employees.—The amendments to Section 8 of Article II and
  177  Section 13 of Article V shall take effect December 31, 2020;
  178  except that the Florida Commission on Ethics shall, by rule,
  179  define the term “disproportionate benefit” and prescribe the
  180  requisite intent for finding a violation of the prohibition
  181  against abuse of public position by October 1, 2019, as
  182  specified in Section 8(g) of Article II.