CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. P 6007
       
       
       
       
       
       
                                Ì604040bÎ604040                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: 1/RS           .                                
             04/16/2018 04:32 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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.