Bill Text: FL S1474 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Officers and Employees

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2014-04-23 - Withdrawn from further consideration [S1474 Detail]

Download: Florida-2014-S1474-Introduced.html

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       Florida Senate - 2014                                    SB 1474
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-01118A-14                                          20141474__
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending s. 112.317, F.S.; providing that violations
    4         of certain local codes of ethics are subject to
    5         specified penalties; amending s. 112.3217, F.S.;
    6         revising the term “contingency fee” to include local
    7         government action; requiring that certain forfeited
    8         benefits be forfeited to the affected local
    9         government; amending s. 112.322, F.S.; revising the
   10         duties and powers of the Commission on Ethics;
   11         requiring the commission to receive and investigate
   12         complaints alleging certain violations of a local code
   13         of ethics; requiring that all complaints alleging a
   14         violation of a local code of ethics be filed with the
   15         commission; requiring that the commission be the
   16         official custodian of records of such complaints;
   17         conforming provisions to changes made by the act;
   18         amending s. 112.3231, F.S.; requiring that complaints
   19         alleging a violation of a local code of ethics within
   20         the commission’s jurisdiction be filed within a
   21         specified timeframe; amending s. 112.324, F.S.;
   22         conforming a provision to changes made by the act;
   23         amending s. 112.326, F.S.; requiring a local ethics
   24         agency or commission to establish certain procedures;
   25         requiring the commission to respond to certain
   26         complaints or requests for advisory opinions;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (1) of section 112.317, Florida
   32  Statutes, is amended to read:
   33         112.317 Penalties.—
   34         (1) Any violation of this part, including, but not limited
   35  to, failure to file disclosures required by this part or
   36  violation of any standard of conduct imposed by this part, or
   37  any violation of s. 8, Art. II of the State Constitution, or any
   38  violation of a local code of ethics which is adopted pursuant to
   39  s. 112.326 and which is not in conflict with this part, in
   40  addition to any criminal penalty or other civil penalty
   41  involved, under applicable constitutional and statutory
   42  procedures, constitutes grounds for, and may be punished by, one
   43  or more of the following:
   44         (a) In the case of a public officer:
   45         1. Impeachment.
   46         2. Removal from office.
   47         3. Suspension from office.
   48         4. Public censure and reprimand.
   49         5. Forfeiture of no more than one-third of his or her
   50  salary per month for no more than 12 months.
   51         6. A civil penalty not to exceed $10,000.
   52         7. Restitution of any pecuniary benefits received because
   53  of the violation committed. The commission may recommend that
   54  the restitution penalty be paid to the agency of which the
   55  public officer was a member or to the General Revenue Fund.
   56         (b) In the case of an employee or a person designated as a
   57  public officer by this part who otherwise would be deemed to be
   58  an employee:
   59         1. Dismissal from employment.
   60         2. Suspension from employment for not more than 90 days
   61  without pay.
   62         3. Demotion.
   63         4. Reduction in his or her salary level.
   64         5. Forfeiture of no more than one-third salary per month
   65  for no more than 12 months.
   66         6. A civil penalty not to exceed $10,000.
   67         7. Restitution of any pecuniary benefits received because
   68  of the violation committed. The commission may recommend that
   69  the restitution penalty be paid to the agency by which the
   70  public employee was employed, or of which the officer was deemed
   71  to be an employee, or to the General Revenue Fund.
   72         8. Public censure and reprimand.
   73         (c) In the case of a candidate who violates this part or s.
   74  8(a) and (i), Art. II of the State Constitution:
   75         1. Disqualification from being on the ballot.
   76         2. Public censure.
   77         3. Reprimand.
   78         4. A civil penalty not to exceed $10,000.
   79         (d) In the case of a former public officer or employee who
   80  has violated a provision applicable to former officers or
   81  employees or whose violation occurred before the officer’s or
   82  employee’s leaving public office or employment:
   83         1. Public censure and reprimand.
   84         2. A civil penalty not to exceed $10,000.
   85         3. Restitution of any pecuniary benefits received because
   86  of the violation committed. The commission may recommend that
   87  the restitution penalty be paid to the agency of the public
   88  officer or employee or to the General Revenue Fund.
   89         (e) In the case of a person who is subject to the standards
   90  of this part, other than a lobbyist or lobbying firm under s.
   91  112.3215 for a violation of s. 112.3215, but who is not a public
   92  officer or employee:
   93         1. Public censure and reprimand.
   94         2. A civil penalty not to exceed $10,000.
   95         3. Restitution of any pecuniary benefits received because
   96  of the violation committed. The commission may recommend that
   97  the restitution penalty be paid to the agency of the person or
   98  to the General Revenue Fund.
   99         Section 2. Subsections (1), (3), and (4) of section
  100  112.3217, Florida Statutes, are amended to read:
  101         112.3217 Contingency fees; prohibitions; penalties.—
  102         (1) “Contingency fee” means a fee, bonus, commission, or
  103  nonmonetary benefit as compensation which is dependent or in any
  104  way contingent on the enactment, defeat, modification, or other
  105  outcome of any specific executive branch or local government
  106  action.
  107         (3) A Any person who violates this section commits a
  108  misdemeanor of the first degree, punishable as provided in s.
  109  775.082 or s. 775.083. If such person is a lobbyist, the
  110  lobbyist shall forfeit any fee, bonus, commission, or profit
  111  received in violation of this section and is subject to the
  112  penalties set forth in s. 112.3215. If When the fee, bonus,
  113  commission, or profit is nonmonetary, the fair market value of
  114  the benefit shall be used in determining the amount to be
  115  forfeited. All forfeited benefits shall be deposited into the
  116  Executive Branch Lobby Registration Trust Fund. However, any
  117  benefit forfeited as a result of a violation of this section
  118  with respect to a local government action shall be forfeited to
  119  the affected local government.
  120         (4) Nothing in This section may not be construed to
  121  prohibit any salesperson engaging in legitimate state or local
  122  business on behalf of a company from receiving compensation or
  123  commission as part of a bona fide contractual arrangement with
  124  that company.
  125         Section 3. Subsection (1), paragraph (a) of subsection (2),
  126  paragraph (a) of subsection (3), and subsections (5) and (7) of
  127  section 112.322, Florida Statutes, are amended to read:
  128         112.322 Duties and powers of commission.—
  129         (1)(a) It is the duty of the Commission on Ethics to
  130  receive and investigate sworn complaints of a violation of the
  131  code of ethics as established in this part, of a violation of a
  132  standard of conduct in a local code of ethics adopted pursuant
  133  to s. 112.326 which is equivalent to a standard of conduct in
  134  this part, and of any other breach of the public trust, as
  135  provided in s. 8(f), Art. II of the State Constitution,
  136  including investigation of all facts and parties materially
  137  related to the complaint at issue.
  138         (b) All complaints alleging a violation of a local code of
  139  ethics adopted pursuant to s. 112.326 shall be filed with the
  140  commission. The commission shall be the official custodian of
  141  records for complaints, and any documents related to such
  142  complaints, alleging a violation of a local code of ethics
  143  adopted pursuant to s. 112.326.
  144         (2)(a) Any public officer or employee may request a hearing
  145  before the Commission on Ethics to present oral or written
  146  testimony in response to allegations that he or she such person
  147  violated the code of ethics established in this part or a
  148  standard of conduct in a local code of ethics adopted pursuant
  149  to s. 112.326 which is equivalent to a standard of conduct in
  150  this part, or allegations of any other breach of the public
  151  trust, as provided in s. 8, Art. II of the State Constitution,
  152  if provided a majority of the commission members present and
  153  voting consider that the allegations are of such gravity as to
  154  affect the general welfare of the state and the ability of the
  155  subject public officer or employee to effectively to discharge
  156  the duties of the office. If the allegations made against the
  157  subject public officer or employee are made under oath, the
  158  public officer or employee then he or she shall also be required
  159  to testify under oath.
  160         (3)(a) Any Every public officer, candidate for public
  161  office, or public employee, when in doubt about the
  162  applicability and interpretation of this part, a standard of
  163  conduct in a local code of ethics adopted pursuant to s. 112.326
  164  which is equivalent to a standard of conduct in this part, or s.
  165  8, Art. II of the State Constitution to himself or herself in a
  166  particular context, may submit in writing the facts of the
  167  situation to the Commission on Ethics with a request for an
  168  advisory opinion to establish the standard of public duty. Any
  169  public officer or employee who has the power to hire or
  170  terminate employees may likewise seek an advisory opinion from
  171  the commission as to the application of the provisions of this
  172  part, a standard of conduct in a local code of ethics adopted
  173  pursuant to s. 112.326 which is equivalent to a standard of
  174  conduct in this part, or s. 8, Art. II of the State Constitution
  175  to any such employee or applicant for employment. An advisory
  176  opinion shall be rendered by the commission, and each such
  177  opinion shall be numbered, dated, and published without naming
  178  the person making the request, unless such person consents to
  179  the use of his or her name.
  180         (5) The commission may recommend that the Governor initiate
  181  judicial proceedings in the name of the state against any
  182  executive or administrative state, county, or municipal officer
  183  to enforce compliance with any provision of this part, a local
  184  code of ethics, or of s. 8, Art. II of the State Constitution or
  185  to restrain violations of this part, a local code of ethics, or
  186  of s. 8, Art. II of the State Constitution, pursuant to s. 1(b),
  187  Art. IV of the State Constitution; and the Governor may without
  188  further action initiate such judicial proceedings.
  189         (7) The commission may prepare materials designed to assist
  190  persons in complying with the provisions of this part, with a
  191  standard of conduct in a local code of ethics adopted pursuant
  192  to s. 112.326 which is equivalent to a standard of conduct in
  193  this part, and with s. 8, Art. II of the State Constitution.
  194         Section 4. Subsection (1) of section 112.3231, Florida
  195  Statutes, is amended to read:
  196         112.3231 Time limitations.—
  197         (1) On or after October 1, 1993, all sworn complaints
  198  alleging a violation of this part, a local code of ethics, or of
  199  any other breach of the public trust within the jurisdiction of
  200  the Commission on Ethics under s. 8, Art. II of the State
  201  Constitution, shall be filed with the commission within 5 years
  202  of the alleged violation or other breach of the public trust.
  203         Section 5. Subsection (1) of section 112.324, Florida
  204  Statutes, is amended to read:
  205         112.324 Procedures on complaints of violations and
  206  referrals; public records and meeting exemptions.—
  207         (1) The commission shall investigate an alleged violation
  208  of this part, a standard of conduct in a local code of ethics
  209  adopted pursuant to s. 112.326 which is equivalent to a standard
  210  of conduct in this part, or other alleged breach of the public
  211  trust within the jurisdiction of the commission as provided in
  212  s. 8(f), Art. II of the State Constitution:
  213         (a) Upon a written complaint executed on a form prescribed
  214  by the commission and signed under oath or affirmation by any
  215  person; or
  216         (b) Upon receipt of a written referral of a possible
  217  violation of this part or other possible breach of the public
  218  trust from the Governor, the Department of Law Enforcement, a
  219  state attorney, or a United States Attorney which at least six
  220  members of the commission determine is sufficient to indicate a
  221  violation of this part or any other breach of the public trust.
  222  
  223  Within 5 days after receipt of a complaint by the commission or
  224  a determination by at least six members of the commission that
  225  the referral received is deemed sufficient, a copy shall be
  226  transmitted to the alleged violator.
  227         Section 6. Section 112.326, Florida Statutes, is amended to
  228  read:
  229         112.326 Additional requirements by political subdivisions
  230  and agencies not prohibited.—Nothing in This part does not
  231  prohibit the electors or act shall prohibit the governing body
  232  of a any political subdivision, by ordinance, or agency, by
  233  rule, from imposing upon its own officers and employees
  234  additional or more stringent standards of conduct and disclosure
  235  requirements than those specified in this part, if provided that
  236  those standards of conduct and disclosure requirements do not
  237  otherwise conflict with the provisions of this part. Procedures
  238  of a local ethics agency or commission governing complaints and
  239  investigations shall conform with procedures established under
  240  s. 112.324. If a political subdivision or agency has imposed a
  241  standard of conduct equivalent to a standard contained in this
  242  part or s. 8, Art. II of the State Constitution, a complaint
  243  regarding allegations of a breach of such standard, or a request
  244  for an advisory opinion with respect to such standard, must be
  245  made to the commission, which shall respond to the complaint or
  246  the request for an advisory opinion in the same manner as
  247  provided in ss. 112.317, 112.322, and 112.324.
  248         Section 7. This act shall take effect July 1, 2014.