Bill Text: FL S0846 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Governmental Ethics
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-183 [S0846 Detail]
Download: Florida-2014-S0846-Comm_Sub.html
Bill Title: Governmental Ethics
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-183 [S0846 Detail]
Download: Florida-2014-S0846-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 846
By the Committees on Community Affairs; and Ethics and
Elections; and Senator Latvala
578-02189A-14 2014846c2
1 A bill to be entitled
2 An act relating to governmental ethics; amending s.
3 28.35, F.S.; specifying the applicability of certain
4 provisions of the Code of Ethics for Public Officers
5 and Employees to members of the executive council of
6 the Florida Clerks of Court Operations Corporation;
7 amending s. 112.3142, F.S.; requiring elected
8 municipal officers to participate in annual ethics
9 training; providing legislative intent; amending s.
10 112.3144, F.S.; requiring an officer required to
11 participate in annual ethics training to certify
12 participation on his or her full and public disclosure
13 of financial interests; revising the conditions under
14 which a qualifying officer forwards a full and public
15 disclosure of financial interests to the Commission on
16 Ethics; authorizing the Commission on Ethics to
17 initiate an investigation and hold a public hearing
18 without receipt of a complaint in certain
19 circumstances; requiring the commission to enter an
20 order recommending removal of an officer or public
21 employee from public office or public employment in
22 certain circumstances; prohibiting the commission from
23 taking action on a complaint alleging certain errors
24 or omissions on a disclosure; providing that failure
25 to certify completion of annual ethics training on a
26 disclosure does not constitute an immaterial,
27 inconsequential, or de minimis error or omission;
28 amending s. 112.3145, F.S.; requiring an officer
29 required to participate in annual ethics training to
30 certify participation on his or her statement of
31 financial interests; authorizing the Commission on
32 Ethics to initiate an investigation and hold a public
33 hearing without receipt of a complaint in certain
34 circumstances; requiring the commission to enter an
35 order to remove an officer or public employee from
36 public office or public employment in certain
37 circumstances; prohibiting the commission from taking
38 action on a complaint alleging certain errors or
39 omissions on a statement; providing that failure to
40 certify completion of annual ethics training on a
41 statement does not constitute an immaterial,
42 inconsequential, or de minimis error or omission;
43 amending s. 112.31455, F.S.; authorizing the Chief
44 Financial Officer or governing body to withhold the
45 entire amount of a fine owed and related
46 administrative costs from salary-related payments of
47 certain individuals; authorizing the Chief Financial
48 Officer or governing body to reduce the amount
49 withheld if an individual can demonstrate a hardship;
50 creating s. 112.31456, F.S.; authorizing the
51 commission to seek wage garnishment of certain
52 individuals to satisfy unpaid fines; authorizing the
53 commission to refer unpaid fines to a collection
54 agency; establishing a statute of limitations with
55 respect to the collection of an unpaid fine; creating
56 s. 112.3251, F.S.; requiring citizen support and
57 direct-support organizations to adopt a code of
58 ethics; establishing minimum requirements for a code
59 of ethics; creating s. 112.3261, F.S.; defining terms;
60 prohibiting a person from lobbying a governmental
61 entity until registering; establishing registration
62 requirements; requiring public availability of
63 lobbyist registrations; establishing procedures for
64 termination of a lobbyist’s registration; authorizing
65 a governmental entity to establish a registration fee;
66 requiring a governmental entity to monitor compliance
67 with registration requirements; authorizing a
68 governmental entity or person to file a complaint with
69 the commission; amending s. 288.901, F.S.; specifying
70 the applicability of certain provisions of the Code of
71 Ethics for Public Officers and Employees to members of
72 the Enterprise Florida, Inc., board of directors;
73 amending s. 288.92, F.S.; specifying the applicability
74 of certain provisions of the Code of Ethics for Public
75 Officers and Employees to certain officers associated
76 with the divisions of Enterprise Florida, Inc.;
77 prohibiting such officers from representing a person
78 or entity for compensation before Enterprise Florida,
79 Inc., for a specified timeframe; amending s. 288.9604,
80 F.S.; specifying the applicability of certain
81 provisions of the Code of Ethics for Public Officers
82 and Employees to the board of directors of the Florida
83 Development Finance Corporation; amending s. 627.351,
84 F.S.; specifying the applicability of certain
85 provisions of the Code of Ethics for Public Officers
86 and Employees to the executive director of Citizens
87 Property Insurance Corporation; prohibiting a former
88 executive director, senior manager, or member of the
89 board of governors of the corporation from
90 representing another person or entity before the
91 corporation for a specified timeframe; prohibiting a
92 former executive director, senior manager, or member
93 of the board of governors from entering employment or
94 a contractual relationship for a specified timeframe
95 with certain insurers; providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Paragraph (b) of subsection (1) of section
100 28.35, Florida Statutes, is amended to read:
101 28.35 Florida Clerks of Court Operations Corporation.—
102 (1)
103 (b)1. The executive council shall be composed of eight
104 clerks of the court elected by the clerks of the courts for a
105 term of 2 years, with two clerks from counties with a population
106 of fewer than 100,000, two clerks from counties with a
107 population of at least 100,000 but fewer than 500,000, two
108 clerks from counties with a population of at least 500,000 but
109 fewer than 1 million, and two clerks from counties with a
110 population of more than 1 million or more. The executive council
111 shall also include, as ex officio members, a designee of the
112 President of the Senate and a designee of the Speaker of the
113 House of Representatives. The Chief Justice of the Supreme Court
114 shall designate one additional member to represent the state
115 courts system.
116 2. The Legislature determines that it is in the public
117 interest that the members of the executive council of the
118 corporation be subject to the requirements of ss. 112.313,
119 112.3135, and 112.3143(2), notwithstanding the fact that the
120 council members are not public officers or employees. For
121 purposes of these sections, the council members shall be
122 considered to be public officers or employees.
123 3. A member of the executive council of the corporation may
124 not represent another person or entity for compensation before
125 the corporation for a period of 2 years following his or her
126 service on the executive council.
127 Section 2. Section 112.3142, Florida Statutes, is amended
128 to read:
129 112.3142 Ethics training for specified constitutional
130 officers and elected municipal officers.—
131 (1) As used in this section, the term “constitutional
132 officers” includes the Governor, the Lieutenant Governor, the
133 Attorney General, the Chief Financial Officer, the Commissioner
134 of Agriculture, state attorneys, public defenders, sheriffs, tax
135 collectors, property appraisers, supervisors of elections,
136 clerks of the circuit court, county commissioners, district
137 school board members, and superintendents of schools.
138 (2)(a) All constitutional officers must complete 4 hours of
139 ethics training each calendar year which annually that
140 addresses, at a minimum, s. 8, Art. II of the State
141 Constitution, the Code of Ethics for Public Officers and
142 Employees, and the public records and public meetings laws of
143 this state. This requirement may be satisfied by completion of a
144 continuing legal education class or other continuing
145 professional education class, seminar, or presentation if the
146 required subjects are covered.
147 (b) Beginning January 1, 2015, all elected municipal
148 officers must complete 4 hours of ethics training each calendar
149 year which addresses, at a minimum, s. 8, Art. II of the State
150 Constitution, the Code of Ethics for Public Officers and
151 Employees, and the public records and public meetings laws of
152 this state. This requirement may be satisfied by completion of a
153 continuing legal education class or other continuing
154 professional education class, seminar, or presentation if the
155 required subjects are covered.
156 (c)(b) The commission shall adopt rules establishing
157 minimum course content for the portion of an ethics training
158 class which that addresses s. 8, Art. II of the State
159 Constitution and the Code of Ethics for Public Officers and
160 Employees.
161 (d) The Legislature intends that a constitutional officer
162 or elected municipal officer who is required to complete ethics
163 training pursuant to this section receive the required training
164 as close as possible to the date that he or she assumes office.
165 A constitutional officer or elected municipal officer assuming a
166 new office or new term of office on or before March 31 must
167 complete the annual training on or before December 31 of the
168 year in which the term of office began. A constitutional officer
169 or elected municipal officer assuming a new office after March
170 31 is not required to complete ethics training for the calendar
171 year in which he or she assumes the new office.
172 (3) Each house of the Legislature shall provide for ethics
173 training pursuant to its rules.
174 Section 3. Subsections (1) and (2), paragraph (g) of
175 subsection (5), and paragraphs (a) and (c) of present subsection
176 (7) of section 112.3144, Florida Statutes, are amended, present
177 subsections (6) through (9) of that section are redesignated as
178 subsections (7) through (10), respectively, and a new subsection
179 (6) is added to that section, to read:
180 112.3144 Full and public disclosure of financial
181 interests.—
182 (1) An officer who is required by s. 8, Art. II of the
183 State Constitution to file a full and public disclosure of his
184 or her financial interests for any calendar or fiscal year shall
185 file that disclosure with the Florida Commission on Ethics.
186 Additionally, beginning January 1, 2015, an officer who is
187 required to complete annual ethics training pursuant to s.
188 112.3142 must certify on his or her full and public disclosure
189 of financial interests that he or she has completed the required
190 training.
191 (2) A person who is required, pursuant to s. 8, Art. II of
192 the State Constitution, to file a full and public disclosure of
193 financial interests and who has filed a full and public
194 disclosure of financial interests for any calendar or fiscal
195 year shall not be required to file a statement of financial
196 interests pursuant to s. 112.3145(2) and (3) for the same year
197 or for any part thereof notwithstanding any requirement of this
198 part. If an incumbent in an elective office has filed the full
199 and public disclosure of financial interests to qualify for
200 election to the same office or if When a candidate has qualified
201 for office holds another office subject to the annual filing
202 requirement, the qualifying officer shall forward an electronic
203 copy of the full and public disclosure of financial interests to
204 the commission no later than July 1. The electronic copy of the
205 full and public disclosure of financial interests satisfies the
206 annual disclosure requirement of this section. A candidate who
207 does not qualify until after the annual full and public
208 disclosure of financial interests has been filed pursuant to
209 this section shall file a copy of his or her disclosure with the
210 officer before whom he or she qualifies.
211 (5) Forms for compliance with the full and public
212 disclosure requirements of s. 8, Art. II of the State
213 Constitution shall be created by the Commission on Ethics. The
214 commission shall give notice of disclosure deadlines and
215 delinquencies and distribute forms in the following manner:
216 (g) The notification requirements and fines of this
217 subsection do not apply to candidates or to the first filing
218 required of any person appointed to elective constitutional
219 office or other position required to file full and public
220 disclosure, unless the person’s name is on the commission’s
221 notification list and the person received notification from the
222 commission. The appointing official shall notify such newly
223 appointed person of the obligation to file full and public
224 disclosure by July 1. The notification requirements and fines of
225 this subsection do not apply to the final filing provided for in
226 subsection (7)(6).
227 (6) If a person holding public office or public employment
228 fails or refuses to file a full and public disclosure of
229 financial interests for any year in which the person received
230 notice from the commission regarding the failure to file and has
231 accrued the maximum automatic fine authorized under this
232 section, regardless of whether the fine imposed was paid or
233 collected, the commission may initiate an investigation and
234 conduct a public hearing without receipt of a complaint to
235 determine whether the person’s failure to file is willful. Such
236 investigation and hearing must be conducted in accordance with
237 s. 112.324. Except as provided in s. 112.324(4), if the
238 commission determines that the person willfully failed to file a
239 full and public disclosure of financial interests, the
240 commission shall enter an order recommending that the officer or
241 employee be removed from his or her public office or public
242 employment.
243 (8)(7)(a) The commission shall treat an amended full and
244 public disclosure of financial interests which that is filed
245 before prior to September 1 of the current year in which the
246 disclosure is due as the original filing, regardless of whether
247 a complaint has been filed. If a complaint pertaining to the
248 current year alleges a failure to properly and accurately
249 disclose any information required by this section or if a
250 complaint filed pertaining to a previous reporting period within
251 the preceding 5 years alleges a failure to properly and
252 accurately disclose any information required to be disclosed by
253 this section, the commission may immediately follow complaint
254 procedures in s. 112.324. However, If a complaint filed after
255 August 25 alleges only an immaterial, inconsequential, or de
256 minimis error or omission, the commission may not take any
257 action on the complaint, other than notifying the filer of the
258 complaint. The filer must be given 30 days to file an amended
259 full and public disclosure of financial interests correcting any
260 errors. If the filer does not file an amended full and public
261 disclosure of financial interests within 30 days after the
262 commission sends notice of the complaint, the commission may
263 continue with proceedings pursuant to s. 112.324.
264 (c) For purposes of this section, an error or omission is
265 immaterial, inconsequential, or de minimis if the original
266 filing provided sufficient information for the public to
267 identify potential conflicts of interest. However, failure to
268 certify completion of annual ethics training required under s.
269 112.3142 does not constitute an immaterial, inconsequential, or
270 de minimis error or omission.
271 Section 4. Present subsections (4) through (11) of section
272 112.3145, Florida Statutes, are redesignated as subsections (5)
273 through (12), respectively, a new subsection (4) is added to
274 that section, paragraph (c) is added to present subsection (7)
275 of that section, and paragraphs (a) and (c) of present
276 subsection (9) of that section are amended, to read:
277 112.3145 Disclosure of financial interests and clients
278 represented before agencies.—
279 (4) Beginning January 1, 2015, an officer who is required
280 to complete annual ethics training pursuant to s. 112.3142 must
281 certify on his or her statement of financial interests that he
282 or she has completed the required training.
283 (8)(7)
284 (c) If a person holding public office or public employment
285 fails or refuses to file an annual statement of financial
286 interests for any year in which the person received notice from
287 the commission regarding the failure to file and has accrued the
288 maximum automatic fine authorized under this section, regardless
289 of whether the fine imposed was paid or collected, the
290 commission may initiate an investigation and conduct a public
291 hearing without receipt of a complaint to determine whether the
292 person’s failure to file is willful. Such investigation and
293 hearing must be conducted in accordance with s. 112.324. Except
294 as provided in s. 112.324(4), if the commission determines that
295 the person willfully failed to file a statement of financial
296 interests, the commission shall enter an order recommending that
297 the officer or employee be removed from his or her public office
298 or public employment.
299 (10)(9)(a) The commission shall treat an amended annual
300 statement of financial interests which that is filed before
301 prior to September 1 of the current year in which the statement
302 is due as the original filing, regardless of whether a complaint
303 has been filed. If a complaint pertaining to the current year
304 alleges a failure to properly and accurately disclose any
305 information required by this section or if a complaint filed
306 pertaining to a previous reporting period within the preceding 5
307 years alleges a failure to properly and accurately disclose any
308 information required to be disclosed by this section, the
309 commission may immediately follow complaint procedures in s.
310 112.324. However, If a complaint filed after August 25 alleges
311 only an immaterial, inconsequential, or de minimis error or
312 omission, the commission may not take any action on the
313 complaint, other than notifying the filer of the complaint. The
314 filer must be given 30 days to file an amended statement of
315 financial interests correcting any errors. If the filer does not
316 file an amended statement of financial interests within 30 days
317 after the commission sends notice of the complaint, the
318 commission may continue with proceedings pursuant to s. 112.324.
319 (c) For purposes of this section, an error or omission is
320 immaterial, inconsequential, or de minimis if the original
321 filing provided sufficient information for the public to
322 identify potential conflicts of interest. However, failure to
323 certify completion of annual ethics training required under s.
324 112.3142 does not constitute an immaterial, inconsequential, or
325 de minimis error or omission.
326 Section 5. Section 112.31455, Florida Statutes, is amended
327 to read:
328 112.31455 Withholding of public salary-related payments
329 Collection methods for unpaid automatic fines for failure to
330 timely file disclosure of financial interests.—
331 (1) Before referring any unpaid fine accrued pursuant to s.
332 112.3144(5) or s. 112.3145(7) s. 112.3145(6) to the Department
333 of Financial Services, the commission shall attempt to determine
334 whether the individual owing such a fine is a current public
335 officer or current public employee. If so, the commission may
336 notify the Chief Financial Officer or the governing body of the
337 appropriate county, municipality, or special district of the
338 total amount of any fine owed to the commission by such
339 individual.
340 (a) After receipt and verification of the notice from the
341 commission, the Chief Financial Officer or the governing body of
342 the county, municipality, or special district shall withhold the
343 entire amount of any fine owed, and any administrative costs
344 incurred, from the individual’s next salary-related payment. If
345 the fine exceeds the amount of the next salary-related payment,
346 all salary-related payments must be withheld until the fine and
347 administrative costs are paid in full begin withholding the
348 lesser of 10 percent or the maximum amount allowed under federal
349 law from any salary-related payment. The withheld payments shall
350 be remitted to the commission until the fine is satisfied.
351 (b) The Chief Financial Officer or the governing body of
352 the county, municipality, or special district may retain an
353 amount of each withheld payment, as provided in s. 77.0305, to
354 cover the administrative costs incurred under this section.
355 (c) If a current public officer or current public employee
356 demonstrates to the Chief Financial Officer or the governing
357 body responsible for paying him or her that the public salary is
358 his or her primary source of income and that withholding the
359 full amount of any fine owed from a salary-related payment would
360 present an undue hardship, the amount withheld from a public
361 salary may be reduced to not less than 10 percent of the salary
362 related payment.
363 (2) If the commission determines that the individual who is
364 the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
365 or s. 112.3145(6) is no longer a public officer or public
366 employee or if the commission is unable to determine whether the
367 individual is a current public officer or public employee, the
368 commission may, 6 months after the order becomes final, seek
369 garnishment of any wages to satisfy the amount of the fine, or
370 any unpaid portion thereof, pursuant to chapter 77. Upon
371 recording the order imposing the fine with the clerk of the
372 circuit court, the order shall be deemed a judgment for purposes
373 of garnishment pursuant to chapter 77.
374 (2)(3) The commission may refer unpaid fines to the
375 appropriate collection agency, as directed by the Chief
376 Financial Officer, to utilize any collection methods provided by
377 law. Except as expressly limited by this section, any other
378 collection methods authorized by law are allowed.
379 (3)(4) Action may be taken to collect any unpaid fine
380 imposed by ss. 112.3144 and 112.3145 within 20 years after the
381 date the final order is rendered.
382 Section 6. Section 112.31456, Florida Statutes, is created
383 to read:
384 112.31456 Garnishment of wages for unpaid automatic fines
385 for failure to timely file disclosure of financial interests.—
386 (1) Before referring any unpaid fine accrued pursuant to s.
387 112.3144(5) or s. 112.3145(7) to the Department of Financial
388 Services, the commission shall attempt to determine whether the
389 individual owing such fine is a current public officer or
390 current public employee. If the commission determines that an
391 individual who is the subject of an unpaid fine accrued pursuant
392 to s. 112.3144(5) or s. 112.3145(7) is no longer a public
393 officer or public employee or the commission is unable to
394 determine whether the individual is a current public officer or
395 public employee, the commission may, 6 months after the order
396 becomes final, seek garnishment of any wages to satisfy the
397 amount of the fine, or any unpaid portion thereof, pursuant to
398 chapter 77. Upon recording the order imposing the fine with the
399 clerk of the circuit court, the order shall be deemed a judgment
400 for purposes of garnishment pursuant to chapter 77.
401 (2) The commission may refer unpaid fines to the
402 appropriate collection agency, as directed by the Chief
403 Financial Officer, to use any collection methods provided by
404 law. Except as expressly limited by this section, any other
405 collection methods authorized by law are allowed.
406 (3) Action may be taken to collect any unpaid fine imposed
407 by ss. 112.3144 and 112.3145 within 20 years after the date the
408 final order is rendered.
409 Section 7. Section 112.3251, Florida Statutes, is created
410 to read:
411 112.3251 Citizen support and direct-support organizations;
412 standards of conduct.—A citizen support or direct-support
413 organization created or authorized pursuant to law must adopt
414 its own ethics code. The ethics code must contain the standards
415 of conduct and disclosures required under ss. 112.313 and
416 112.3143(2), respectively. However, an ethics code adopted
417 pursuant to this section is not required to contain the
418 standards of conduct specified in s. 112.313(3) or (7). The
419 citizen support or direct-support organization may adopt
420 additional or more stringent standards of conduct and disclosure
421 requirements, provided that those standards of conduct and
422 disclosure requirements do not otherwise conflict with this
423 part. The ethics code must be conspicuously posted on the
424 website of the citizen support or direct-support organization.
425 Section 8. Section 112.3261, Florida Statutes, is created
426 to read:
427 112.3261 Lobbying before governmental entities;
428 registration and reporting.—
429 (1) As used in this section, the term:
430 (a) “Governmental entity” means a water management
431 district, a hospital district, a children’s services district,
432 an expressway authority as the term “authority” is defined in s.
433 348.0002, a port authority as the term is defined in s. 315.02,
434 or an independent special district with annual revenues of more
435 than $5 million that exercises ad valorem taxing authority.
436 (b) “Lobbies” means seeking, on behalf of another person,
437 to influence a governmental entity with respect to a decision of
438 the entity in an area of policy or procurement or an attempt to
439 obtain the goodwill of an entity official or employee.
440 (c) “Lobbyist” has the same meaning as in s. 112.3215.
441 (d) “Principal” has the same meaning as in s. 112.3215.
442 (2) A person may not lobby a governmental entity until such
443 person has registered as a lobbyist with that entity. Such
444 registration shall be due upon initially being retained to lobby
445 and is renewable on a calendar-year basis thereafter. Upon
446 registration, the person shall provide a statement signed by the
447 principal or principal’s representative stating that the
448 registrant is authorized to represent the principal. The
449 principal shall also identify and designate its main business on
450 the statement authorizing that lobbyist pursuant to a
451 classification system approved by the governmental entity. Any
452 changes to the information required by this section must be
453 disclosed within 15 days by filing a new registration form. The
454 registration form shall require each lobbyist to disclose, under
455 oath, the following:
456 (a) The lobbyist’s name and business address.
457 (b) The name and business address of each principal
458 represented.
459 (c) The existence of any direct or indirect business
460 association, partnership, or financial relationship with any
461 officer or employee of a governmental entity with which he or
462 she lobbies or intends to lobby.
463 (d) In lieu of creating its own lobbyist registration
464 forms, a governmental entity may accept a completed legislative
465 branch or executive branch lobbyist registration form.
466 (3) A governmental entity shall make lobbyist registrations
467 available to the public. If a governmental entity maintains a
468 website, a database of currently registered lobbyists and
469 principals must be available on the entity’s website.
470 (4) A lobbyist shall promptly send a written statement to
471 the governmental entity cancelling the registration for a
472 principal upon termination of the lobbyist’s representation of
473 that principal. A governmental entity may remove the name of a
474 lobbyist from the list of registered lobbyists if the principal
475 notifies the entity that a person is no longer authorized to
476 represent that principal.
477 (5) A governmental entity may establish an annual lobbyist
478 registration fee, not to exceed $40, for each principal
479 represented. The governmental entity may use the moneys
480 collected only to administer the provisions of this section.
481 (6) A governmental entity shall be diligent to ascertain
482 whether persons required to register pursuant to this section
483 have complied. A governmental entity may not knowingly authorize
484 a person who is not registered pursuant to this section to lobby
485 the entity.
486 (7) Upon discovery of a violation of this section, a
487 governmental entity or any person may file a sworn complaint
488 with the commission.
489 Section 9. Paragraph (c) of subsection (1) of section
490 288.901, Florida Statutes, is amended, and paragraph (d) is
491 added to that subsection, to read:
492 288.901 Enterprise Florida, Inc.—
493 (1) CREATION.—
494 (c) The Legislature determines that it is in the public
495 interest that for the members of the Enterprise Florida, Inc.,
496 board of directors to be subject to the requirements of ss.
497 112.313, 112.3135, and 112.3143(2), and 112.313, excluding s.
498 112.313(2), notwithstanding the fact that the board members are
499 not public officers or employees. For purposes of those
500 sections, the board members shall be considered to be public
501 officers or employees. The exemption set forth in s. 112.313(12)
502 for advisory boards applies to the members of the Enterprise
503 Florida, Inc., board of directors. Further, each member of the
504 board of directors who is not otherwise required to file
505 financial disclosures pursuant to s. 8, Art. II of the State
506 Constitution or s. 112.3144, shall file disclosure of financial
507 interests pursuant to s. 112.3145.
508 (d) A member of the Enterprise Florida, Inc., board of
509 directors may not represent another person or entity for
510 compensation before the corporation for a period of 2 years
511 following his or her service on the board of directors.
512 Section 10. Present paragraph (b) of subsection (2) of
513 section 288.92, Florida Statutes, is redesignated as paragraph
514 (c), and a new paragraph (b) is added to that subsection, to
515 read:
516 288.92 Divisions of Enterprise Florida, Inc.—
517 (2)
518 (b)1. The Legislature determines that it is in the public
519 interest that the following officers be subject to ss. 112.313,
520 112.3135, and 112.3143(2), notwithstanding the fact that such
521 officers are not public officers or employees:
522 a. Officers of the divisions of Enterprise Florida, Inc.;
523 b. Officers of subsidiaries of Enterprise Florida, Inc.;
524 c. Officers of corporations created to carry out the
525 missions of Enterprise Florida, Inc.; and
526 d. Officers of corporations with which a division is
527 required by law to contract with to carry out its missions.
528 2. Such officers may not represent another person or entity
529 for compensation before Enterprise Florida, Inc., for a period
530 of 2 years after retirement from or termination of service to
531 the division.
532 Section 11. Paragraph (a) of subsection (3) of section
533 288.9604, Florida Statutes, is amended to read:
534 288.9604 Creation of the authority.—
535 (3)(a)1. A director may not shall receive no compensation
536 for his or her services, but is entitled to the necessary
537 expenses, including travel expenses, incurred in the discharge
538 of his or her duties. Each director shall hold office until his
539 or her successor has been appointed.
540 2. The Legislature determines that it is in the public
541 interest that a director of the board of directors of the
542 Florida Development Finance Corporation be subject to ss.
543 112.313, 112.3135, and 112.3143(2), notwithstanding the fact
544 that the directors are not public officers or employees. For
545 purposes of these sections, the directors shall be considered to
546 be public officers or employees.
547 3. A director of the board of directors of the corporation
548 may not represent another person or entity for compensation
549 before the corporation for a period of 2 years following his or
550 her service on the board of directors.
551 Section 12. Paragraph (d) of subsection (6) of section
552 627.351, Florida Statutes, is amended to read:
553 627.351 Insurance risk apportionment plans.—
554 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
555 (d)1. All prospective employees for senior management
556 positions, as defined by the plan of operation, are subject to
557 background checks as a prerequisite for employment. The office
558 shall conduct the background checks pursuant to ss. 624.34,
559 624.404(3), and 628.261.
560 2. On or before July 1 of each year, employees of the
561 corporation must sign and submit a statement attesting that they
562 do not have a conflict of interest, as defined in part III of
563 chapter 112. As a condition of employment, all prospective
564 employees must sign and submit to the corporation a conflict-of
565 interest statement.
566 3. The executive director, senior managers, and members of
567 the board of governors are subject to part III of chapter 112,
568 including, but not limited to, the code of ethics and public
569 disclosure and reporting of financial interests, pursuant to s.
570 112.3145. Notwithstanding s. 112.3143(2), a board member may not
571 vote on any measure that would inure to his or her special
572 private gain or loss; that he or she knows would inure to the
573 special private gain or loss of any principal by whom he or she
574 is retained or to the parent organization or subsidiary of a
575 corporate principal by which he or she is retained, other than
576 an agency as defined in s. 112.312; or that he or she knows
577 would inure to the special private gain or loss of a relative or
578 business associate of the public officer. Before the vote is
579 taken, such member shall publicly state to the assembly the
580 nature of his or her interest in the matter from which he or she
581 is abstaining from voting and, within 15 days after the vote
582 occurs, disclose the nature of his or her interest as a public
583 record in a memorandum filed with the person responsible for
584 recording the minutes of the meeting, who shall incorporate the
585 memorandum in the minutes. Senior managers and board members are
586 also required to file such disclosures with the Commission on
587 Ethics and the Office of Insurance Regulation. The executive
588 director of the corporation or his or her designee shall notify
589 each existing and newly appointed member of the board of
590 governors and senior managers of their duty to comply with the
591 reporting requirements of part III of chapter 112. At least
592 quarterly, the executive director or his or her designee shall
593 submit to the Commission on Ethics a list of names of the senior
594 managers and members of the board of governors who are subject
595 to the public disclosure requirements under s. 112.3145.
596 4. Notwithstanding s. 112.3148, or s. 112.3149, or any
597 other provision of law, an employee or board member may not
598 knowingly accept, directly or indirectly, any gift or
599 expenditure from a person or entity, or an employee or
600 representative of such person or entity, which has a contractual
601 relationship with the corporation or who is under consideration
602 for a contract. An employee or board member who fails to comply
603 with subparagraph 3. or this subparagraph is subject to
604 penalties provided under ss. 112.317 and 112.3173.
605 5. The executive director, a member of the board of
606 governors, and a any senior manager of the corporation are who
607 is employed on or after January 1, 2007, regardless of the date
608 of hire, who subsequently retires or terminates employment is
609 prohibited from representing another person or entity before the
610 corporation for 2 years after retirement from or termination of
611 service to employment from the corporation.
612 6. The executive director, a member of the board of
613 governors, and a Any senior manager of the corporation are who
614 is employed on or after January 1, 2007, regardless of the date
615 of hire, who subsequently retires or terminates employment is
616 prohibited from having any employment or contractual
617 relationship for 2 years after retirement from or termination of
618 service to the corporation with an insurer that has entered into
619 a take-out bonus agreement with the corporation.
620 Section 13. This act shall take effect July 1, 2014.
