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       2017 CRC                                                  P 6007
       
       
       
       
       
       
                                                             20176007er
    1                                                                   
    2                             REVISION 7                            
    3   A proposal to revise the State Constitution by the Constitution 
    4                   Revision Commission of Florida.                 
    5  
    6         A proposed revision relating to ethics in government;
    7         amending Section 8 of Article II and Section 13 of
    8         Article V of the State Constitution, and creating a
    9         new section in Article XII of the State Constitution,
   10         to establish certain restrictions for specified public
   11         officers and the judiciary regarding lobbying for
   12         compensation of another person or entity before
   13         certain government bodies and to prohibit the abuse of
   14         a public position by public officers and employees.
   15          
   16  Be It Proposed by the Constitution Revision Commission of
   17  Florida:
   18  
   19         Section 8 of Article II of the State Constitution is
   20  amended to read:
   21                             ARTICLE II                            
   22                         GENERAL PROVISIONS                        
   23         SECTION 8. Ethics in government.—A public office is a
   24  public trust. The people shall have the right to secure and
   25  sustain that trust against abuse. To assure this right:
   26         (a) All elected constitutional officers and candidates for
   27  such offices and, as may be determined by law, other public
   28  officers, candidates, and employees shall file full and public
   29  disclosure of their financial interests.
   30         (b) All elected public officers and candidates for such
   31  offices shall file full and public disclosure of their campaign
   32  finances.
   33         (c) Any public officer or employee who breaches the public
   34  trust for private gain and any person or entity inducing such
   35  breach shall be liable to the state for all financial benefits
   36  obtained by such actions. The manner of recovery and additional
   37  damages may be provided by law.
   38         (d) Any public officer or employee who is convicted of a
   39  felony involving a breach of public trust shall be subject to
   40  forfeiture of rights and privileges under a public retirement
   41  system or pension plan in such manner as may be provided by law.
   42         (e) No member of the legislature or statewide elected
   43  officer shall personally represent another person or entity for
   44  compensation before the government body or agency of which the
   45  individual was an officer or member for a period of two years
   46  following vacation of office. No member of the legislature shall
   47  personally represent another person or entity for compensation
   48  during term of office before any state agency other than
   49  judicial tribunals. Similar restrictions on other public
   50  officers and employees may be established by law.
   51         (f)(1)For purposes of this subsection, the term “public
   52  officer” means a statewide elected officer, a member of the
   53  legislature, a county commissioner, a county officer pursuant to
   54  Article VIII or county charter, a school board member, a
   55  superintendent of schools, an elected municipal officer, an
   56  elected special district officer in a special district with ad
   57  valorem taxing authority, or a person serving as a secretary, an
   58  executive director, or other agency head of a department of the
   59  executive branch of state government.
   60         (2) A public officer shall not lobby for compensation on
   61  issues of policy, appropriations, or procurement before the
   62  federal government, the legislature, any state government body
   63  or agency, or any political subdivision of this state, during
   64  his or her term of office.
   65         (3) A public officer shall not lobby for compensation on
   66  issues of policy, appropriations, or procurement for a period of
   67  six years after vacation of public position, as follows:
   68         a. A statewide elected officer or member of the legislature
   69  shall not lobby the legislature or any state government body or
   70  agency.
   71         b. A person serving as a secretary, an executive director,
   72  or other agency head of a department of the executive branch of
   73  state government shall not lobby the legislature, the governor,
   74  the executive office of the governor, members of the cabinet, a
   75  department that is headed by a member of the cabinet, or his or
   76  her former department.
   77         c. A county commissioner, a county officer pursuant to
   78  Article VIII or county charter, a school board member, a
   79  superintendent of schools, an elected municipal officer, or an
   80  elected special district officer in a special district with ad
   81  valorem taxing authority shall not lobby his or her former
   82  agency or governing body.
   83         (4)This subsection shall not be construed to prohibit a
   84  public officer from carrying out the duties of his or her public
   85  office.
   86         (5) The legislature may enact legislation to implement this
   87  subsection, including, but not limited to, defining terms and
   88  providing penalties for violations. Any such law shall not
   89  contain provisions on any other subject.
   90         (g)(f) There shall be an independent commission to conduct
   91  investigations and make public reports on all complaints
   92  concerning breach of public trust by public officers or
   93  employees not within the jurisdiction of the judicial
   94  qualifications commission.
   95         (h)(1)(g) A code of ethics for all state employees and
   96  nonjudicial officers prohibiting conflict between public duty
   97  and private interests shall be prescribed by law.
   98         (2)A public officer or public employee shall not abuse his
   99  or her public position in order to obtain a disproportionate
  100  benefit for himself or herself; his or her spouse, children, or
  101  employer; or for any business with which he or she contracts; in
  102  which he or she is an officer, a partner, a director, or a
  103  proprietor; or in which he or she owns an interest. The Florida
  104  Commission on Ethics shall, by rule in accordance with statutory
  105  procedures governing administrative rulemaking, define the term
  106  “disproportionate benefit” and prescribe the requisite intent
  107  for finding a violation of this prohibition for purposes of
  108  enforcing this paragraph. Appropriate penalties shall be
  109  prescribed by law.
  110         (i)(h) This section shall not be construed to limit
  111  disclosures and prohibitions which may be established by law to
  112  preserve the public trust and avoid conflicts between public
  113  duties and private interests.
  114         (j)(i) Schedule—On the effective date of this amendment and
  115  until changed by law:
  116         (1) Full and public disclosure of financial interests shall
  117  mean filing with the custodian of state records by July 1 of
  118  each year a sworn statement showing net worth and identifying
  119  each asset and liability in excess of $1,000 and its value
  120  together with one of the following:
  121         a. A copy of the person’s most recent federal income tax
  122  return; or
  123         b. A sworn statement which identifies each separate source
  124  and amount of income which exceeds $1,000. The forms for such
  125  source disclosure and the rules under which they are to be filed
  126  shall be prescribed by the independent commission established in
  127  subsection (g) (f), and such rules shall include disclosure of
  128  secondary sources of income.
  129         (2) Persons holding statewide elective offices shall also
  130  file disclosure of their financial interests pursuant to
  131  paragraph (1) subsection (i)(1).
  132         (3) The independent commission provided for in subsection
  133  (g) (f) shall mean the Florida Commission on Ethics.
  134  
  135         Section 13 of Article V of the State Constitution is
  136  amended to read:
  137                              ARTICLE V                            
  138                              JUDICIARY                            
  139         SECTION 13. Ethics in the judiciary Prohibited activities.—
  140         (a) All justices and judges shall devote full time to their
  141  judicial duties. A justice or judge They shall not engage in the
  142  practice of law or hold office in any political party.
  143         (b) A former justice or former judge shall not lobby for
  144  compensation on issues of policy, appropriations, or procurement
  145  before the legislative or executive branches of state government
  146  for a period of six years after he or she vacates his or her
  147  judicial position. The legislature may enact legislation to
  148  implement this subsection, including, but not limited to,
  149  defining terms and providing penalties for violations. Any such
  150  law shall not contain provisions on any other subject.
  151  
  152         A new section is added to Article XII of the State
  153  Constitution to read:
  154                             ARTICLE XII                           
  155                              SCHEDULE                             
  156         Prohibitions regarding lobbying for compensation and abuse
  157  of public position by public officers and public employees.—The
  158  amendments to Section 8 of Article II and Section 13 of Article
  159  V shall take effect December 31, 2022; except that the
  160  amendments to Section 8(h) of Article II shall take effect
  161  December 31, 2020, and:
  162         (a) The Florida Commission on Ethics shall, by rule, define
  163  the term “disproportionate benefit” and prescribe the requisite
  164  intent for finding a violation of the prohibition against abuse
  165  of public position by October 1, 2019, as specified in Section
  166  8(h) of Article II.
  167         (b) Following the adoption of rules pursuant to subsection
  168  (a), the legislature shall enact implementing legislation
  169  establishing penalties for violations of the prohibition against
  170  abuse of public position to take effect December 31, 2020.
  171  
  172  BE IT FURTHER PROPOSED that the following statement be placed on
  173  the ballot:
  174  
  175                      CONSTITUTIONAL AMENDMENT                     
  176                        ARTICLE II, SECTION 8                      
  177                        ARTICLE V, SECTION 13                      
  178                      ARTICLE XII, NEW SECTION                     
  179         LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands
  180  current restrictions on lobbying for compensation by former
  181  public officers; creates restrictions on lobbying for
  182  compensation by serving public officers and former justices and
  183  judges; provides exceptions; prohibits abuse of a public
  184  position by public officers and employees to obtain a personal
  185  benefit.