Bill Text: FL S1750 | 2018 | Regular Session | Introduced
Bill Title: Ethics
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Ethics and Elections [S1750 Detail]
Download: Florida-2018-S1750-Introduced.html
Florida Senate - 2018 SB 1750
By Senator Rodriguez
37-00306A-18 20181750__
1 A bill to be entitled
2 An act relating to ethics; amending s. 112.3143, F.S.;
3 prohibiting a state public officer from voting in an
4 official capacity on any measure that he or she knows
5 would inure to the special private gain or loss of
6 certain principals, parent organizations or
7 subsidiaries of a corporate principal, relatives, or
8 business associates of the officer; revising
9 disclosure requirements applicable to state public
10 officers in the event of a voting conflict;
11 prohibiting any public officer from participating in
12 any matter that would inure to the officer’s special
13 private gain or loss or that he or she knows would
14 inure to the special private gain or loss of certain
15 principals, parent organizations or subsidiaries of a
16 corporate principal, relatives, or business associates
17 of the officer; prescribing disclosure requirements;
18 amending s. 112.317, F.S.; authorizing a person who
19 has filed a complaint against a public officer or
20 employee to recover costs and reasonable attorney fees
21 if he or she prevails against a respondent’s fee
22 petition; requiring the Commission on Ethics to
23 forward information regarding a respondent’s failure
24 to voluntarily pay such costs and fees within a
25 certain timeframe to the Department of Legal Affairs;
26 requiring the department to bring a civil action to
27 recover such costs and fees owed to a complainant;
28 amending ss. 288.1226, 310.151, 627.351, 1002.33,
29 1002.333, and 1002.83, F.S.; conforming provisions and
30 cross-references to changes made by the act;
31 reenacting ss. 28.35(1)(b), 112.3251, 288.901(1)(c),
32 288.92(2)(b), and 288.9604(3)(a), F.S., relating to
33 standards of conduct for public officers, to
34 incorporate the amendment made to s. 112.3143, F.S.,
35 in references thereto; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Present subsections (3) through (6) of section
40 112.3143, Florida Statutes, are renumbered as subsections (2)
41 through (5), respectively, and present subsections (2), (3), and
42 (4) of that section are amended, to read:
43 112.3143 Voting conflicts.—
44 (2)(a) A state public officer may not vote on any matter
45 that the officer knows would inure to his or her special private
46 gain or loss. Any state public officer who abstains from voting
47 in an official capacity upon any measure that the officer knows
48 would inure to the officer’s special private gain or loss, or
49 who votes in an official capacity on a measure that he or she
50 knows would inure to the special private gain or loss of any
51 principal by whom the officer is retained or to the parent
52 organization or subsidiary of a corporate principal by which the
53 officer is retained other than an agency as defined in s.
54 112.312(2); or which the officer knows would inure to the
55 special private gain or loss of a relative or business associate
56 of the public officer, shall make every reasonable effort to
57 disclose the nature of his or her interest as a public record in
58 a memorandum filed with the person responsible for recording the
59 minutes of the meeting, who shall incorporate the memorandum in
60 the minutes. If it is not possible for the state public officer
61 to file a memorandum before the vote, the memorandum must be
62 filed with the person responsible for recording the minutes of
63 the meeting no later than 15 days after the vote.
64 (b) A member of the Legislature may satisfy the disclosure
65 requirements of this section by filing a disclosure form created
66 pursuant to the rules of the member’s respective house if the
67 member discloses the information required by this subsection.
68 (2)(a)(3)(a) A state, No county, municipal, or other local
69 public officer may not shall vote in an official capacity upon
70 any measure which would inure to his or her special private gain
71 or loss; which he or she knows would inure to the special
72 private gain or loss of any principal by whom he or she is
73 retained or to the parent organization or subsidiary of a
74 corporate principal by which he or she is retained, other than
75 an agency as defined in s. 112.312(2); or which he or she knows
76 would inure to the special private gain or loss of a relative or
77 business associate of the public officer. Such public officer
78 shall, before prior to the vote being taken, publicly state to
79 the assembly the nature of the officer’s interest in the matter
80 from which he or she is abstaining from voting and, within 15
81 days after the vote occurs, disclose the nature of his or her
82 interest as a public record in a memorandum filed with the
83 person responsible for recording the minutes of the meeting, who
84 shall incorporate the memorandum in the minutes.
85 (b) However, a commissioner of a community redevelopment
86 agency created or designated pursuant to s. 163.356 or s.
87 163.357, or an officer of an independent special tax district
88 elected on a one-acre, one-vote basis, is not prohibited from
89 voting, when voting in said capacity.
90 (3)(4) A state, county, municipal, or other No appointed
91 public officer may not shall participate in any matter which
92 would inure to the officer’s special private gain or loss; which
93 the officer knows would inure to the special private gain or
94 loss of any principal by whom he or she is retained or to the
95 parent organization or subsidiary of a corporate principal by
96 which he or she is retained; or which he or she knows would
97 inure to the special private gain or loss of a relative or
98 business associate of the public officer, without first
99 disclosing the nature of his or her interest in the matter.
100 (a) Such disclosure, indicating the nature of the conflict,
101 shall be made in a written memorandum filed with the person
102 responsible for recording the minutes of the meeting, before
103 prior to the meeting in which consideration of the matter will
104 take place, and shall be incorporated into the minutes. Any such
105 memorandum shall become a public record upon filing, shall
106 immediately be provided to the other members of the agency, and
107 shall be read publicly at the next meeting held subsequent to
108 the filing of this written memorandum.
109 (b) In the event that disclosure has not been made before
110 prior to the meeting or that any conflict is unknown before
111 prior to the meeting, the disclosure shall be made orally at the
112 meeting when it becomes known that a conflict exists. A written
113 memorandum disclosing the nature of the conflict shall then be
114 filed within 15 days after the oral disclosure with the person
115 responsible for recording the minutes of the meeting and shall
116 be incorporated into the minutes of the meeting at which the
117 oral disclosure was made. Any such memorandum shall become a
118 public record upon filing, shall immediately be provided to the
119 other members of the agency, and shall be read publicly at the
120 next meeting held subsequent to the filing of this written
121 memorandum.
122 (c) For purposes of this subsection, the term “participate”
123 means any attempt to influence the decision by oral or written
124 communication, whether made by the officer or at the officer’s
125 direction.
126 Section 2. Subsection (7) of section 112.317, Florida
127 Statutes, is amended to read:
128 112.317 Penalties.—
129 (7) In any case in which the commission determines that a
130 person has filed a complaint against a public officer or
131 employee with a malicious intent to injure the reputation of
132 such officer or employee by filing the complaint with knowledge
133 that the complaint contains one or more false allegations or
134 with reckless disregard for whether the complaint contains false
135 allegations of fact material to a violation of this part, the
136 complainant is shall be liable for costs plus reasonable
137 attorney fees incurred in the defense of the respondent in the
138 original proceeding person complained against, including the
139 costs and reasonable attorney fees incurred in proving
140 entitlement to and the amount of costs and fees. If the
141 complainant prevails against a respondent’s action to recover
142 costs and fees, the respondent is liable to the complainant for
143 costs plus reasonable attorney fees incurred by the complainant
144 in the filing of the complaint and in defending against the
145 respondent’s action. If the complainant or the respondent fails
146 to pay such costs and fees voluntarily within 30 days following
147 such finding by the commission, the commission shall forward
148 such information to the Department of Legal Affairs, which shall
149 bring a civil action in a court of competent jurisdiction to
150 recover the amount of such costs and fees awarded by the
151 commission.
152 Section 3. Paragraph (c) of subsection (2) of section
153 288.1226, Florida Statutes, is amended to read:
154 288.1226 Florida Tourism Industry Marketing Corporation;
155 use of property; board of directors; duties; audit.—
156 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
157 Corporation is a direct-support organization of Enterprise
158 Florida, Inc.
159 (c)1. The corporation is not an agency for the purposes of
160 chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
161 relating to leasing of buildings; ss. 283.33 and 283.35,
162 relating to bids for printing; s. 215.31; and parts I, II, and
163 IV-VIII of chapter 112. However, the corporation shall comply
164 with the per diem and travel expense provisions of s. 112.061.
165 2. It is not a violation of s. 112.3143(2) or (3) (4) for
166 the officers or members of the board of directors of the
167 corporation to:
168 a. Vote on the 4-year marketing plan required under s.
169 288.923 or vote on any individual component of or amendment to
170 the plan.
171 b. Participate in the establishment or calculation of
172 payments related to the private match requirements of subsection
173 (6). The officer or member must file an annual disclosure
174 describing the nature of his or her interests or the interests
175 of his or her principals, including corporate parents and
176 subsidiaries of his or her principal, in the private match
177 requirements. This annual disclosure requirement satisfies the
178 disclosure requirement of s. 112.3143(3) s. 112.3143(4). This
179 disclosure must be placed on the corporation’s website or
180 included in the minutes of each meeting of the corporation’s
181 board of directors at which the private match requirements are
182 discussed or voted upon.
183 Section 4. Paragraph (c) of subsection (1) of section
184 310.151, Florida Statutes, is amended to read:
185 310.151 Rates of pilotage; Pilotage Rate Review Committee.—
186 (1)
187 (c) Committee members shall comply with the disclosure
188 requirements of s. 112.3143(3) s. 112.3143(4) if participating
189 in any matter that would result in special private gain or loss
190 as described in that subsection.
191 Section 5. Paragraph (d) of subsection (6) of section
192 627.351, Florida Statutes, is amended to read:
193 627.351 Insurance risk apportionment plans.—
194 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
195 (d)1. All prospective employees for senior management
196 positions, as defined by the plan of operation, are subject to
197 background checks as a prerequisite for employment. The office
198 shall conduct the background checks pursuant to ss. 624.34,
199 624.404(3), and 628.261.
200 2. On or before July 1 of each year, employees of the
201 corporation must sign and submit a statement attesting that they
202 do not have a conflict of interest, as defined in part III of
203 chapter 112. As a condition of employment, all prospective
204 employees must sign and submit to the corporation a conflict-of
205 interest statement.
206 3. The executive director, senior managers, and members of
207 the board of governors are subject to part III of chapter 112,
208 including, but not limited to, the code of ethics and public
209 disclosure and reporting of financial interests, pursuant to s.
210 112.3145. For purposes of applying part III of chapter 112 to
211 activities of the executive director, senior managers, and
212 members of the board of governors, those persons shall be
213 considered public officers or employees and the corporation
214 shall be considered their agency. Notwithstanding s.
215 112.3143(2), A board member may not vote on any measure that
216 would inure to his or her special private gain or loss; that he
217 or she knows would inure to the special private gain or loss of
218 any principal by whom he or she is retained or to the parent
219 organization or subsidiary of a corporate principal by which he
220 or she is retained, other than an agency as defined in s.
221 112.312; or that he or she knows would inure to the special
222 private gain or loss of a relative or business associate of the
223 public officer. Before the vote is taken, such member shall
224 publicly state to the assembly the nature of his or her interest
225 in the matter from which he or she is abstaining from voting
226 and, within 15 days after the vote occurs, disclose the nature
227 of his or her interest as a public record in a memorandum filed
228 with the person responsible for recording the minutes of the
229 meeting, who shall incorporate the memorandum in the minutes.
230 Senior managers and board members are also required to file such
231 disclosures with the Commission on Ethics and the Office of
232 Insurance Regulation. The executive director of the corporation
233 or his or her designee shall notify each existing and newly
234 appointed member of the board of governors and senior managers
235 of their duty to comply with the reporting requirements of part
236 III of chapter 112. At least quarterly, the executive director
237 or his or her designee shall submit to the Commission on Ethics
238 a list of names of the senior managers and members of the board
239 of governors who are subject to the public disclosure
240 requirements under s. 112.3145.
241 4. Notwithstanding s. 112.3148, s. 112.3149, or any other
242 provision of law, an employee or board member may not knowingly
243 accept, directly or indirectly, any gift or expenditure from a
244 person or entity, or an employee or representative of such
245 person or entity, which has a contractual relationship with the
246 corporation or who is under consideration for a contract. An
247 employee or board member who fails to comply with subparagraph
248 3. or this subparagraph is subject to penalties provided under
249 ss. 112.317 and 112.3173.
250 5. Any senior manager of the corporation who is employed on
251 or after January 1, 2007, regardless of the date of hire, who
252 subsequently retires or terminates employment is prohibited from
253 representing another person or entity before the corporation for
254 2 years after retirement or termination of employment from the
255 corporation.
256 6. The executive director, members of the board of
257 governors, and senior managers of the corporation are prohibited
258 from having any employment or contractual relationship for 2
259 years after retirement from or termination of service to the
260 corporation with an insurer that has entered into a take-out
261 bonus agreement with the corporation.
262 Section 6. Paragraph (a) of subsection (26) of section
263 1002.33, Florida Statutes, is amended to read:
264 1002.33 Charter schools.—
265 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
266 (a) A member of a governing board of a charter school,
267 including a charter school operated by a private entity, is
268 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
269 112.3143(3).
270 Section 7. Paragraph (f) of subsection (6) of section
271 1002.333, Florida Statutes, is amended to read:
272 1002.333 Persistently low-performing schools.—
273 (6) STATUTORY AUTHORITY.—
274 (f) Schools of hope operated by a hope operator shall be
275 exempt from chapters 1000-1013 and all school board policies.
276 However, a hope operator shall be in compliance with the laws in
277 chapters 1000-1013 relating to:
278 1. The student assessment program and school grading
279 system.
280 2. Student progression and graduation.
281 3. The provision of services to students with disabilities.
282 4. Civil rights, including s. 1000.05, relating to
283 discrimination.
284 5. Student health, safety, and welfare.
285 6. Public meetings and records, public inspection, and
286 criminal and civil penalties pursuant to s. 286.011. The
287 governing board of a school of hope must hold at least two
288 public meetings per school year in the school district in which
289 the school of hope is located. Any other meetings of the
290 governing board may be held in accordance with s. 120.54(5)(b)2.
291 7. Public records pursuant to chapter 119.
292 8. The code of ethics for public officers and employees
293 pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
294 112.3143(3).
295 Section 8. Subsection (8) of section 1002.83, Florida
296 Statutes, is amended to read:
297 1002.83 Early learning coalitions.—
298 (8) Each member of an early learning coalition is subject
299 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
300 112.3143(2)(a) s. 112.3143(3)(a), each voting member is a local
301 public officer who must abstain from voting when a voting
302 conflict exists.
303 Section 9. For the purpose of incorporating the amendment
304 made by this act to section 112.3143, Florida Statutes, in a
305 reference thereto, paragraph (b) of subsection (1) of section
306 28.35, Florida Statutes, is reenacted to read:
307 28.35 Florida Clerks of Court Operations Corporation.—
308 (1)
309 (b)1. The executive council shall be composed of eight
310 clerks of the court elected by the clerks of the courts for a
311 term of 2 years, with two clerks from counties with a population
312 of fewer than 100,000, two clerks from counties with a
313 population of at least 100,000 but fewer than 500,000, two
314 clerks from counties with a population of at least 500,000 but
315 fewer than 1 million, and two clerks from counties with a
316 population of 1 million or more. The executive council shall
317 also include, as ex officio members, a designee of the President
318 of the Senate and a designee of the Speaker of the House of
319 Representatives. The Chief Justice of the Supreme Court shall
320 designate one additional member to represent the state courts
321 system.
322 2. Members of the executive council of the corporation are
323 subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
324 and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
325 (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
326 executive council members, members shall be considered public
327 officers and the corporation shall be considered the members’
328 agency.
329 Section 10. For the purpose of incorporating the amendment
330 made by this act to section 112.3143, Florida Statutes, in a
331 reference thereto, section 112.3251, Florida Statutes, is
332 reenacted to read:
333 112.3251 Citizen support and direct-support organizations;
334 standards of conduct.—A citizen support or direct-support
335 organization created or authorized pursuant to law must adopt
336 its own ethics code. The ethics code must contain the standards
337 of conduct and disclosures required under ss. 112.313 and
338 112.3143(2), respectively. However, an ethics code adopted
339 pursuant to this section is not required to contain the
340 standards of conduct specified in s. 112.313(3) or (7). The
341 citizen support or direct-support organization may adopt
342 additional or more stringent standards of conduct and disclosure
343 requirements if those standards of conduct and disclosure
344 requirements do not otherwise conflict with this part. The
345 ethics code must be conspicuously posted on the citizen support
346 or direct-support organization’s website.
347 Section 11. For the purpose of incorporating the amendment
348 made by this act to section 112.3143, Florida Statutes, in a
349 reference thereto, paragraph (c) of subsection (1) of section
350 288.901, Florida Statutes, is reenacted to read:
351 288.901 Enterprise Florida, Inc.—
352 (1) CREATION.—
353 (c) The president, senior managers, and members of the
354 board of directors of Enterprise Florida, Inc., are subject to
355 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
356 112.3143(2). For purposes of applying ss. 112.313(1)-(8), (10),
357 (12), and (15); 112.3135; and 112.3143(2) to activities of the
358 president, senior managers, and members of the board of
359 directors, those persons shall be considered public officers or
360 employees and the corporation shall be considered their agency.
361 The exemption set forth in s. 112.313(12) for advisory boards
362 applies to the members of Enterprise Florida, Inc., board of
363 directors. Further, each member of the board of directors who is
364 not otherwise required to file financial disclosures pursuant to
365 s. 8, Art. II of the State Constitution or s. 112.3144, shall
366 file disclosure of financial interests pursuant to s. 112.3145.
367 Section 12. For the purpose of incorporating the amendment
368 made by this act to section 112.3143, Florida Statutes, in a
369 reference thereto, paragraph (b) of subsection (2) of section
370 288.92, Florida Statutes, is reenacted to read:
371 288.92 Divisions of Enterprise Florida, Inc.—
372 (2)
373 (b)1. The following officers and board members are subject
374 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
375 112.3143(2):
376 a. Officers and members of the board of directors of the
377 divisions of Enterprise Florida, Inc.
378 b. Officers and members of the board of directors of
379 subsidiaries of Enterprise Florida, Inc.
380 c. Officers and members of the board of directors of
381 corporations created to carry out the missions of Enterprise
382 Florida, Inc.
383 d. Officers and members of the board of directors of
384 corporations with which a division is required by law to
385 contract to carry out its missions.
386 2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
387 and (15); 112.3135; and 112.3143(2) to activities of the
388 officers and members of the board of directors specified in
389 subparagraph 1., those persons shall be considered public
390 officers or employees and the corporation shall be considered
391 their agency.
392 Section 13. For the purpose of incorporating the amendment
393 made by this act to section 112.3143, Florida Statutes, in a
394 reference thereto, paragraph (a) of subsection (3) of section
395 288.9604, Florida Statutes, is reenacted to read:
396 288.9604 Creation of the authority.—
397 (3)(a)1. A director may not receive compensation for his or
398 her services, but is entitled to necessary expenses, including
399 travel expenses, incurred in the discharge of his or her duties.
400 Each director shall hold office until his or her successor has
401 been appointed.
402 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
403 and (15); 112.3135; and 112.3143(2). For purposes of applying
404 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
405 112.3143(2) to activities of directors, directors shall be
406 considered public officers and the corporation shall be
407 considered their agency.
408 Section 14. This act shall take effect July 1, 2018.
