CRC - 2017 COMMISSIONER AMENDMENT
Proposal No. P 6007
Ì604040bÎ604040
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RS .
04/16/2018 04:32 PM .
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Commissioners Gaetz, Plymale, Carlton, Heuchan, and Newsome
moved the following:
1 CRC Amendment (with title amendment)
2
3 Delete everything after the enacting 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) No member of the legislature or statewide elected
29 officer shall personally represent another person or entity for
30 compensation before the government body or agency of which the
31 individual was an officer or member for a period of two years
32 following vacation of office. No member of the legislature shall
33 personally represent another person or entity for compensation
34 during term of office before any state agency other than
35 judicial tribunals. Similar restrictions on other public
36 officers and employees may be established by law.
37 (f)(1) For purposes of this subsection, the term “public
38 officer” means a statewide elected officer, a member of the
39 legislature, a county commissioner, a county officer pursuant to
40 Article VIII or county charter, a school board member, a
41 superintendent of schools, an elected municipal officer, an
42 elected special district officer in a special district with ad
43 valorem taxing authority, or a person serving as a secretary, an
44 executive director, or other agency head of a department of the
45 executive branch of state government.
46 (2) A public officer shall not lobby for compensation on
47 issues of policy, appropriations, or procurement before the
48 federal government, the legislature, any state government body
49 or agency, or any political subdivision of this state, during
50 his or her term of office.
51 (3) A public officer shall not lobby for compensation on
52 issues of policy, appropriations, or procurement for a period of
53 six years after vacation of public position, as follows:
54 a. A statewide elected officer or member of the legislature
55 may not lobby the legislature or any state government body or
56 agency.
57 b. A person serving as a secretary, an executive director,
58 or other agency head of a department of the executive branch of
59 state government may not lobby the legislature, the governor,
60 the executive office of the governor, members of the cabinet, a
61 department that is headed by a member of the cabinet, or his or
62 her former department.
63 c. A county commissioner, a county officer pursuant to
64 Article VIII or county charter, a school board member, a
65 superintendent of schools, an elected municipal officer, or an
66 elected special district officer in a special district with ad
67 valorem taxing authority may not lobby his or her former agency
68 or governing body.
69 (4) This subsection shall not be construed to prohibit a
70 public officer from carrying out the duties of his or her public
71 office.
72 (5) Any law implementing this subsection, defining terms
73 for purposes of this subsection, or providing penalties for
74 violations thereof, may not contain provisions on any other
75 subject.
76 (g)(f) There shall be an independent commission to conduct
77 investigations and make public reports on all complaints
78 concerning breach of public trust by public officers or
79 employees not within the jurisdiction of the judicial
80 qualifications commission.
81 (h)(1)(g) A code of ethics for all state employees and
82 nonjudicial officers prohibiting conflict between public duty
83 and private interests shall be prescribed by law.
84 (2) A public officer or public employee shall not abuse his
85 or her public position in order to obtain a disproportionate
86 benefit for himself or herself; his or her spouse, children, or
87 employer; or for any business with which he or she contracts; in
88 which he or she is an officer, a partner, a director, or a
89 proprietor; or in which he or she owns an interest. The Florida
90 Commission on Ethics shall, by rule in accordance with statutory
91 procedures governing administrative rulemaking, define the term
92 “disproportionate benefit” and prescribe the requisite intent
93 for finding a violation of this prohibition for purposes of
94 enforcing this paragraph. Appropriate penalties shall be
95 prescribed by law.
96 (i)(h) This section shall not be construed to limit
97 disclosures and prohibitions which may be established by law to
98 preserve the public trust and avoid conflicts between public
99 duties and private interests.
100 (j)(i) Schedule—On the effective date of this amendment and
101 until changed by law:
102 (1) Full and public disclosure of financial interests shall
103 mean filing with the custodian of state records by July 1 of
104 each year a sworn statement showing net worth and identifying
105 each asset and liability in excess of $1,000 and its value
106 together with one of the following:
107 a. A copy of the person’s most recent federal income tax
108 return; or
109 b. A sworn statement which identifies each separate source
110 and amount of income which exceeds $1,000. The forms for such
111 source disclosure and the rules under which they are to be filed
112 shall be prescribed by the independent commission established in
113 subsection (g) (f), and such rules shall include disclosure of
114 secondary sources of income.
115 (2) Persons holding statewide elective offices shall also
116 file disclosure of their financial interests pursuant to
117 paragraph (1) subsection (i)(1).
118 (3) The independent commission provided for in subsection
119 (g) (f) shall mean the Florida Commission on Ethics.
120
121 Section 13 of Article V of the State Constitution is
122 amended to read:
123 ARTICLE V
124 JUDICIARY
125 SECTION 13. Ethics in the judiciary Prohibited activities.—
126 (a) All justices and judges shall devote full time to their
127 judicial duties. A justice or judge They shall not engage in the
128 practice of law or hold office in any political party.
129 (b) A former justice or former judge shall not lobby for
130 compensation on issues of policy, appropriations, or procurement
131 before the legislative or executive branches of state government
132 for a period of six years after he or she vacates his or her
133 judicial position. Any law implementing this subsection,
134 defining terms for purposes of this subsection, or providing
135 penalties for violations thereof, may not contain provisions on
136 any other subject.
137
138 A new section is added to Article XII of the State
139 Constitution to read:
140 ARTICLE XII
141 SCHEDULE
142 Prohibitions regarding lobbying for compensation and abuse
143 of public position by public officers and public employees.—The
144 amendments to Section 8 of Article II and Section 13 of Article
145 V shall take effect December 31, 2020; except that:
146 (a) The Florida Commission on Ethics shall, by rule, define
147 the term “disproportionate benefit” and prescribe the requisite
148 intent for finding a violation of the prohibition against abuse
149 of public position by October 1, 2019, as specified in Section
150 8(g) of Article II.
151 (b) Following the adoption of rules pursuant to subsection
152 (a) but no later than December 31, 2020, the legislature shall
153 enact implementing legislation establishing penalties for
154 violations of the prohibition against abuse of public position.
155
156 BE IT FURTHER PROPOSED that the following statement be placed on
157 the ballot:
158
159 CONSTITUTIONAL AMENDMENT
160 ARTICLE II, SECTION 8
161 ARTICLE V, SECTION 13
162 ARTICLE XII, NEW SECTION
163 LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands
164 current restrictions on lobbying for compensation by former
165 public officers; creates restrictions on lobbying for
166 compensation by currently serving public officers; provides
167 exceptions; prohibits certain abuses of public office for
168 personal benefit.
169
170 ================= T I T L E A M E N D M E N T ================
171 And the title is amended as follows:
172 Delete everything before the enacting clause
173 and insert:
174 REVISION 7
175
176 A proposal to amend Section 8 of Article II and
177 Section 13 of Article V and create a new section in
178 Article XII of the State Constitution to establish
179 certain restrictions for specified public officers and
180 employees regarding lobbying for compensation of
181 another person or entity before certain government
182 bodies and abuse of office.