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2003 Fla Stat 112.311-112-326Statutes & Constitution :View Statutes :->2003->Ch0112->Section 311: flsenate.gov Page 1 of 2 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.311 Legislative intent and declaration of policy.-- (1) It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. (2) It is also essential that government attract those citizens best qualified to serve. Thus, the taw against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to ail other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be avoided. (3) It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people. (4) It is the intent of this act to implement these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary barriers to public service. (5) It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part. (6) It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regard[ess of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_Stri... 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 311: flsenate.gov Page 2 of 2 History.--s. 1, ch. 67-469; s. l, ch. 69-335; s. l, ch. 74-177; s. 2, ch. 75-208; s. 698, ch. 95-147. Disctaimer: The information on this system is unverified. The journats or printed bitts of the respective chambers shoutd be consulted for officiat purposes. Copyri[tht © 2000-2003 State of Florida. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-Stri~.. 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 312: flsenate.gov Page 1 of 4 Select Year: The 2003 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.312 Definitions.--As used in this part and for purposes of the provisions of s. 8, Art. II of the State Constitution, unless the context otherwise requires: (1) "Advisory body" means any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute [ess than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. (2) "Agency" means any state, regional, county, local, or munidpa[ government entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community cortege, or state university. (3) "Breach of the public trust" means a violation of a provision of the State Constitution or this part which establishes a standard of ethical conduct, a disclosure requirement, or a prohibition applicable to public officers or employees in order to avoid conflicts between public duties and private interests, including, without limitation, a violation of s. 8, Art. II of the State Constitution or of this part. (4) "Business associate" means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or coowner of property. (5) "Business entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state. (6) "Candidate" means any person who has filed a statement of financial interest and qualification papers, has subscribed to the candidate's oath as required by s. _9....9_.,.QZJ_, and seeks by election to become a public officer. This definition expressly excludes a committeeman or committeewoman regulated by chapter 103 and persons seeking any other office or position in a political party. (7) "Commission" means the Commission on Ethics created by s. 112.320 or any successor to which its duties are transferred. (8) "Conflict" or "conflict of interest" means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. (9) "Corruptly" means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties. (10) "Disclosure period" means the taxable year for the person or business entity, whether based on a calendar or fiscal year, immediately preceding the date on which, or the last day of the http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_Stri... 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 312: flsenate.gov Page 2 of 4 period during which, the financial disclosure statement required by this part is required to be filed. (11 ) "Facts materially related to the complaint at issue" means facts which tend to show a violation of this part or s. 8, Art. II of the State Constitution by the alleged violator other than those alleged in the complaint and consisting of separate instances of the same or similar conduct as alleged in the complaint, or which tend to show an additional violation of this part or s. 8, Art. II of the State Constitution by the alleged violator which arises out of or in connection with the allegations of the complaint. (12)(a) "Gift," for purposes of ethics in government and financial disclosure required by [aw, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee's benefit or by any other means, for which equal or greater consideration is not given within 90 days, including: 1. Real property. 2. The use of real property. 3. Tangible or intangible personal property. 4. The use of tangible or intangible personal property. 5. A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. 6. Forgiveness of an indebtedness. 7. Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging, or parking. 8. Food or beverage. 9. Membership dues. 10. Entrance fees, admission fees, or tickets to events, performances, or facilities. 11. Plants, flowers, or floral arrangements. 12. Services provided by persons pursuant to a professional license or certificate. 13. Other personal services for which a fee is normally charged by the person providing the services. 14. Any other similar service or thing having an attributable vaEue not affeady provided for in this section. (b) "Gift" does not include: 1. Salary, benefits, services, fees, commissions, gifts, OF expenses associated primarily with the donee's employment, business, OF service as an officer or director of a corporation or organization. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-Stri... 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 312: flsenate.gov Page 3 of 4 2. Contributions or expenditures reported pursuant to chapter 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. 3. An honorarium or an expense related to an honorarium event paid to a person or the person's spouse. 4. An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service. 5. An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. 6. The use of a public facility or public property, made available by a governmental agency, for a public purpose. 7. Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business. 8. Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization. (c) For the purposes of paragraph (a), "intangible personal property" means property as defined in s. 192.001(11)(b). (d) For the purposes of paragraph (a), the term "consideration" does not include a promise to pay or otherwise provide something of value unless the promise is in writing and enforceable through the courts. (13) "Indirect" or "indirect interest" means an interest in which legal title is held by another as trustee or other representative capacity, but the equitable or beneficial interest is held by the person required to file under this part. (14) "Liability" means any monetary debt or obligation owed by the reporting person to another person, entity, or governmental entity, except for credit card and retail installment accounts, taxes owed unless reduced to a judgment, indebtedness on a life insurance policy owed to the company of issuance, contingent liabilities, or accrued income taxes on net unrealized appreciation. Each liability which is required to be disclosed by s. 8, Art. II of the State Constitution shall identify the name and address of the creditor. (15) "Material interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. For the purposes of this act, indirect ownership does not include ownership by a spouse or minor child. (16) "Materially affected" means involving an interest in real property located within the jurisdiction of the official's agency or involving an investment in a business entity, a source of income or a position of employment, office, or management in any business entity located within the jurisdiction or doing business within the jurisdiction of the official's agency which is or will be affected in a substantially different manner or degree than the manner or degree in which the public in general wilt be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-Stri... 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 312: flsenate.gov Page 4 of 4 (17) "Ministerial matter" means action that a person takes in a prescribed manner in obedience to the mandate of legal authority, without the exercise of the person's own judgment or discretion as to the propriety of the action taken. (18) "Parties materially related to the complaint at issue" means any other public officer or employee within the same agency as the alleged violator who has engaged in the same conduct as that alleged in the complaint, or any other public officer or employee who has participated with the alleged violator in the alleged violation as a coconspirator or as an aider and abettor. (19) "Person or business entities provided a grant or privilege to operate" includes state and federally chartered banks, state and federal savings and loan associations, cemetery companies, insurance companies, mortgage companies, credit unions, small loan companies, alcoholic beverage licensees, pari-mutuel wagering companies, utility companies, and entities controlled by the Public Service Commission or granted a franchise to operate by either a city or county government. (20) "Purchasing agent" means a public officer or employee having the authority to commit the expenditure of public funds through a contract for, or the purchase of, any goods, services, or interest in real property for an agency, as opposed to the authority to request or requisition a contract or purchase by another person. (21) "Relative," unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-taw, brother-in-law, sister-in-taw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the pubUc officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. (22) "Represent" or "representation" means actual physical attendance on behalf of a client in an agency proceeding, the writing of letters or flung of documents on behalf of a client, and personal communications made with the officers or employees of any agency on behalf of a client. (23) "Source" means the name, address, and description of the principal business activity of a person or business entity. (24) "Value of real property" means the most recently assessed value in lieu of a more current appraisal. Htstory.--s. 2, ch. 67-469; ss. 11, 12, ch. 68-35; s. 8, ch. 69-353; s. 2, ch. 74-177; s. 1, ch. 75-196; s. 1, ch. 75-199; s. 3, ch. 75-208; s. 4, ch. 76-18; s. 1, ch. 77-174; s. 2, ch. 82-98; s. 1, ch. 83-282; s. 2, ch. 90-502; s. 2, ch. 91-85; s. 3, ch. 91-292; s. 699, ch. 95-147; s. 1, ch. 96-328; s. 1, ch. 2000-243. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2.000-2003 State of FI. odda. Privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-Stri... 2/9/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 1 of 7 February 10, 2004 Home Session Committees Senators Information Center Statutes E Constitution Lobbyist Information Sess o,,: 12004 Enter Your Zip+4 Code: Select Year: The aoo3 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS 112.313 Standards of conduct for public officers, employees of agencies, and loc attorneys.-- (1) DEFINITION.--As used in this section, unless the context otherwise requires, the officer" includes any person elected or appointed to hold office in any agency, inctu serving on an advisory body. (2) SOLICITATION OR ACCEPTANCE OF GIFTS.--No public officer, employee of an agJ government attorney, or candidate for nomination or election shall solicit or accept value to the recipient, including a gift, Loan, reward, promise of future employmenl service, based upon any understanding that the vote, official action, or judgment pi officer, employee, local government attorney, or candidate would be influenced th~ (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of an agency acting in his c capacity as a purchasing agent, or public officer acting in his or her official capacit) directly or indirectly purchase, rent, or tease any realty, goods, or services for his o agency from any business entity of which the officer or employee or the officer's or spouse or child is an officer, partner, director, or proprietor or in which such officel or the officer's or employee's spouse or child, or any combination of them, has a ma Nor shall a public officer or employee, acting in a private capacity, rent, lease, or s, goods, or services to the officer's or employee's own agency, if he or she is a state o employee, or to any political subdivision or any agency thereof, if he or she is servir or employee of that political subdivision. The foregoing shall not apply to district of maintained by Legislators when such offices are Located in the legislator's place of bi such offices are on property wholly or partially owned by the Legislator. This subsec' affect or be construed to prohibit contracts entered into prior to: (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning public employment. (4) UNAUTHORIZED COMPENSATION.--No public officer, employee of an agency, or I government attorney or his or her spouse or minor child shall, at any time, accept a compensation, payment, or thing of value when such public officer, employee, or la http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 2 of 7 attorney knows, or, with the exercise of reasonable care, should know, that it was .~ influence a vote or other action in which the officer, employee, or local governmen' expected to participate in his or her official capacity. (5) SALARY AND EXPENSES.--No public officer shall be prohibited from voting on a n his or her salary, expenses, or other compensation as a public officer, as provided b' government attorney shall be prevented from considering any matter affecting his o expenses, or other compensation as the local government attorney, as provided by [ (6) MISUSE OF PUBLIC POSITION.--No public officer, employee of an agency, or toca attorney shall corruptly use or attempt to use his or her official position or any prop resource which may be within his or her trust, or perform his or her official duties, 1 special privilege, benefit, or exemption for himself, herself, or others. This section construed to conflict with s. 104.31. (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- (a) No public officer or employee of an agency shall have or hold any employment c relationship with any business entity or any agency which is subject to the regulatio business with, an agency of which he or she is an officer or employee, excluding tho organizations and their officers who, when acting in their official capacity, enter im a collective bargaining contract with the state or any municipality, county, or other subdivision of the state; nor shall an officer or employee of an agency have or hold; employment or contractual relationship that wilt create a continuing or frequently r conflict between his or her private interests and the performance of his or her pubti would impede the futt and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created b' special law and is limited specifically to constructing, maintaining, managing, and fi improvements in the land area over which the agency has jurisdiction, or when the. been organized pursuant to chapter 298, then employment with, or entering into a ( relationship with, such business entity by a public officer or employee of such agen( prohibited by this subsection or be deemed a conflict per se. However, conduct by s employee that is prohibited by, or otherwise frustrates the intent of, this section sh a conflict of interest in violation of the standards of conduct set forth by this sectio~ 2. When the agency referred to is a legislative body and the regulatory power over entity resides in another agency, or when the regulatory power which the legislative over the business entity or agency is strictly through the enactment of laws or ordin employment or a contractual relationship with such business entity by a public offic of a legislative body shall not be prohibited by this subsection or be deemed a conft' (b) This subsection shall not prohibit a public officer or employee from practicing ir profession or occupation when such practice by persons holding such public office o~ required or permitted by law or ordinance. (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.-iNo public officer, employee of local government attorney shall disclose or use information not available to membel genera[ public and gained by reason of his or her official position for his or her pers¢ benefit or for the persona[ gain or benefit of any other person or business entity. (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS A LEGISLATIVE EMPLOYEES.-- (a)l. It is the intent of the Legislature to implement by statute the provisions of s. the State Constitution relating to legislators, statewide elected officers, appointed http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 3 of 7 and designated public employees. 2. As used in this paragraph: a. "Employee" means: (I) Any person employed in the executive or legislative branch of government hotdi~ the Senior t~anagement Service as defined in s..7!.1.0,.._4....0_Z or any person holding a posi Selected Exempt Service as defined in s. 110.602 or any person having authority ove procurement employed by the Department of the Lottery. (Il) The Auditor General, the director of the Office of Program Policy Analysis and C Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant Clerk of the House of Representatives. (111) The executive director of the Legislative Committee on Intergovernmental Rela executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint corr standing committee, or select committee of the Legislature; an executive director, executive assistant, analyst, or attorney of the Office of the President of the Senat~ the Speaker of the House of Representatives, the Senate Majority Party Office, Sena Party Office, House Majority Party Office, or House Minority Party Office; or any per contractual basis, having the power normally conferred upon such persons, by what{ (V) The Chancellor and Vice Chancellors of the State University System; the general 1Board of Regents; and the president, vice presidents, and deans of each state uniw (VI) Any person having the power normally conferred upon the positions referenced subparagraph. b. "Appointed state officer" means any member of an appointive board, commission council, or authority of the executive or legislative branch of state government who jurisdiction, and authority are not solely advisory and include the final determinatic adjudication of any personal or property rights, duties, or obligations, other than th its internal operations. c. "State agency" means an entity of the legislative, executive, or judicial branch o' government over which the Legislature exercises plenary budgetary and statutory c( 3. No member of the Legislature, appointed state officer, or statew~de elected offi personally represent another person or entity for compensation before the governm. agency of which the individual was an officer or member for a period of 2 years fotb of office. No member of the Legislature shall personally represent another person o~ compensation during his or her term of office before any state agency other than ju or in settlement negotiations after the filing of a lawsuit. 4. No agency employee shall personally represent another person or entity for coml before the agency with which he or she was employed for a period of 2 years follow position, unless employed by another agency of state government. 5. Any person violating this paragraph shall be subject to the penalties provided in a civil penalty of an amount equal to the compensation which the person receives fc prohibited conduct. http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 4 of 7 6. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, the person was a defined employee on July 1, 1989; c. A person who was a defined employee of the State University System or the Pub! Commission who held such employment on December 31, 1994; d. A person who has reached normal retirement age as defined in s. 121.021(29), al retired under the provisions of chapter 121 by July 1, 1991; or e. Any appointed state officer whose term of office began before January 1, 1995, reappointed to that office on or after January 1, 1995. (b) In addition to the provisions of this part which are applicable to legislators and employees by virtue of their being public officers or employees, the conduct of men Legislature and legislative employees shall be governed by the ethical standards pro respective rules of the Senate or House of Representatives which are not in conflict (10) EMPLOYEES HOLDING OFFICE.-- (a) No employee of a state agency or of a county, municipality, special taxing distri political subdivision of the state shall hold office as a member of the governing boar commission, or authority, by whatever name known, which is his or her employer wi same time, continuing as an employee of such employer. (b) The provisions of this subsection shall not apply to any person ho[ding office in, such provisions on the effective date of this act. However, such a person shall surre~ conflicting employment prior to seeking reelection or accepting reappointment to o' (11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.--No officer, d administrator of a Florida state, county, or regional professional or occupational or~ association, while holding such position, shall be eligible to serve as a member of a or licensing board for the profession or occupation. (12) EXEMPTION.--The requirements of subsections (3) and (7) as they pertain to pe on advisory boards may be waived in a particular instance by the body which appoin to the advisory board, upon a full disclosure of the transaction or relationship to th~ body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vol In instances in which appointment to the advisory board is made by an individual, w effected, after public hearing, by a determination by the appointing person and futt the transaction or relationship by the appointee to the appointing person. In additio shat[ be held in violation of subsection (3) or subsection (7) if: (a) Within a city or county the business is transacted under a rotation system wher( transactions are rotated among all qualified suppliers of the goods or services withir county. (b) The business is awarded under a system of sealed, competitive bidding to the lc bidder and: 1. The official or the official's spouse or child has in no way participated in the detE the bid specifications or the determination of the lowest or best bidder; http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 5 of 7 2. The official or the official's spouse or child has in no way used or attempted to ur influence to persuade the agency or any personnel thereof to enter such a contract the mere submission of the bid; and 3. The official, prior to or at the time of the submission of the bid, has filed a state Department of State, if the official is a state officer or employee, or with the super elections of the county in which the agency has its principal office, if the official is employee of a political subdivision, disclosing the official's interest, or the interest ~ spouse or child, and the nature of the intended business. (c) The purchase or sale is for legal advertising in a newspaper, for any utilities see passage on a common carrier. (d) An emergency purchase or contract which would otherwise violate a provision o or subsection (7) must be made in order to protect the health, safety, or welfare of the state or any political subdivision thereof. (e) The business entity involved is the only source of supply within the political sub officer or employee and there is full disclosure by the officer or employee of his or I the business entity to the governing body of the political subdivision prior to the pul sa[e, teasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business enti agency does not exceed $500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body district school officer or an officer of any district within a county, is a stockholder,, director of a bank wiLL not bar such bank from qualifying as a depository of funds cot jurisdiction of any such public board or body, provided it appears in the records of t the governing body of the agency has determined that such officer or member of a i body has not favored such bank over other qualified banks. th) The transaction is made pursuant to s. ]._QO.4.,ZZ or s. _1.._0~.~.3_ and is specifically president and the chair of the university board of trustees. The chair of the universi trustees shall submit to the Governor and the Legislature by March 1 of each year a transactions approved pursuant to this paragraph during the preceding year. ti) The public officer or employee purchases in a private capacity goods or services: upon terms available to similarly situated members of the general public, from a bu which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services business entity which is subject to the regulation of his or her agency and: 1. The price and terms of the transaction are available to similarly situated membe genera[ public; and 2. The officer or employee makes full disclosure of the relationship to the agency h governing body prior to the transaction. (13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DIST RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.--The governing body municipality may adopt an ordinance and the governing body of any special district district may adopt a resolution providing that an appointed county, municipal, speci school district officer or a county, municipal, special district, or school district emp personally represent another person or entity for compensation before the governm http://www~~senate~g~v/Statutes/index~cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 6 of 7 agency of which the individual was an officer or employee for a period of 2 years fol vacation of office or termination of employment, except for the purposes of collect' Nothing in this section may be construed to prohibit such ordinance or resolution. (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A person who has been county, municipal, special district, or school district office may not personally repr~ person or entity for compensation before the governing body of which the person wi a period of 2 years after vacating that office. (15) ADDITIONAL EXEMPTION.--No elected public officer shall be held in violation oi if the officer maintains an employment relationship with an entity which is currentl,. organization under s. 501(c) of the Internal Revenue Code and which contracts with enters into a business relationship with the officer's agency and: la) The officer's employment is not directly or indirectly compensated as a result ol or business relationship; lb) The officer has in no way participated in the agency's decision to contract or to business relationship with his or her employer, whether by participating in discussio meeting, by communicating with officers or employees of the agency, or otherwise; lc) The officer abstains from voting on any matter which may come before the ager the officer's employer, publicly states to the assembly the nature of the officer's matter from which he or she is abstaining, and files a written memorandum as provi 112.3143. (16) LOCAL GOVERNMENT A'rrORNEYS.-- la) For the purposes of this section, "local government attorney'' means any individt routinely serves as the attorney for a unit of local government. The term shall not if person who renders Legal services to a unit of local government pursuant to contracl specific issue or subject, to specific Litigation, or to a specific administrative proce~ purposes of this section, "unit of local government" includes, but is not Limited to, n counties, and special districts. lb) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of government to contract with a taw firm, operating as either a partnership or a profE association, or in any combination thereof, or with a local government attorney whr of or is otherwise associated with the Law firm, to provide any or att legal services t, local government, so Long as the local government attorney is not a full-time empto,. of the governing body of the unit of local government. However, the standards of c( provided in subsections (2), (4), (5), (6), and (8) shaft apply to any person who serve government attorney. lc) No Local government attorney or Law firm in which the Local government attorm partner, or employee shall represent a private individual or entity before the unit o' government to which the local government attorney provides legal services. A local attorney whose contract with the unit of Local government does not include provisia authorize or mandate the use of the taw firm of the local government attorney to cc services for the unit of Local government shall not recommend or otherwise refer attorney's taw firm to be completed for the unit of local government. History.--s. 3, ch. 67-469; s. 2, ch. 69-335; ss. 10, 35, ch. 69-106; s. 3, ch. 74-177;: 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch. 82-98; s. 2, ch. 83-26; s. 6, ch. 8: 85-80; s. 12, ch. 86-145; s. 1, ch. 88-358; s. 1, ch. 88-408; s. 3, ch. 90-502; s. 3, ch. 91-292; s. 1, ch. 92-35; s. 1, ch. 94-277; s. 1406, ch. 95-147; s. 3, ch. 96-311; s. 34, http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 7 of 7 41, ch. 99-2; s. 29, ch. 2001-266; s. 20, ch. 2002-1; $. 894, ch. 2002-387. ~Note.--Abotished by s. 3, ch. 2001-170. BilLs, CaLendars. JournaLs. Citator. Search. Appropriations. Redistricting, Vide~ mmittees: Committee Pages. Committee PubLications - Meeting Packets · Committee Reports President's Page · Member Pages · District Information . Find Your Legistators Information Center: Introduction - About the LegisLature · PubLications. GLossary · Help · Em[ E Constitution: Introduction · View Statutes · Search Statutes · Constitution - Laws of Introduction. Lists · Legistative Directory. - Guide Book. Forms Disctaimer: The information on this system is unverified. The journals or printed bit[s of the respective chambers should be consutted for ot Copyright © 2000-2003 State of Ftodda. Privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 1 of 6 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 11Z PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.-- (1) DEFINITION.--As used in this section, unless the context otherwise requires, the term "public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (2) SOLICITATION OR ACCEPTANCE OF GIFTS.--No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby. (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning public employment. (4) UNAUTHORIZED COMPENSATION.--No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity. (5) SALARY AND EXPENSES.--No public officer shall be prohibited from voting on a matter affecting his or her salary, expenses, or other compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 2 of 6 (6) MISUSE OF PUBLIC POSITION.--No public officer, employee of an agency, or Local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- (a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. 2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict. (b) This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.--No public officer, employee of an agency, or local government attorney shall disclose or use information not avaiLabLe to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- (a)l. It is the intent of the Legislature to implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated public employees. 2. As used in this paragraph: a. "Employee" means: (I) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined in s..! !.0.~...4_0Z or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 3 of 6 procurement employed by the Department of the Lottery. (11) The Auditor General, the director of the Office of Program Policy Analysis and Government Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives. (111) The executive director of the Legislative Committee on Intergovernmental Relations and the executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title. (V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the 1Board of Regents; and the president, vice presidents, and deans of each state university. (VI) Any person having the power normally conferred upon the positions referenced in this sub- subparagraph. b. "Appointed state officer" means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any persona[ or property rights, duties, or obligations, other than those relative to its internal operations. c. "State agency" means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control. 3. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personalty represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the fiUng of a lawsuit. 4. No agency employee shall personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government. 5. Any person violating this paragraph shall be subject to the penalties provided in s. !12.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct. 6. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July 1, 1989; c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 4 of 6 d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or e. Any appointed state officer whose term of office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995. (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Leg[stature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith. (10) EMPLOYEES HOLDING OFFICE.-- (a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer. (b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office. (11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.--No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. (12) EXEgPTION.--The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a futt disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and fur[ disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: (a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among alt qualified suppliers of the goods or services within the city or county. (b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: 1. The official or the official's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; 2. The official or the official's spouse or child has in no way used or attempted to use the official's influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and 3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Department of State, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official's interest, or the interest of the official's spouse or child, and the nature of the intended business. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 5 of 6 (c) The purchase or sale is for Legal advertising in a newspaper, for any utilities service, or for passage on a common carrier. (d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. (e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, Leasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. (h) The transaction is made pursuant to s. ~1._0..~)~,._2.;~. or s...1_~0._4..L~,3, and is specifically approved by the president and the chair of the university board of trustees. The chair of the university board of trustees shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. (i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: 1. The price and terms of the transaction are available to similarly situated members of the general public; and 2. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. (13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.--The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipa[, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A person who has been elected to any county, municipal, special district, or school district office may not personalty represent another person or entity for compensation before the governing body of which the person was an officer for a period of 2 years after vacating that office. (15) ADDITIONAL EXEMPTION.--No elected public officer shall be held in violation of subsection (7) http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 313: flsenate.gov Page 6 of 6 if the officer maintains an employment relationship with an entity which is currently a tax-exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer's agency and: (a) The officer's employment is not directly or indirectly compensated as a result of such contract or business relationship; (b) The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and (c) The officer abstains from voting on any matter which may come before the agency involving the officer's employer, publicly states to the assembly the nature of the officer's interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.3143, (16) LOCAL GOVERNMENT A~-FORNEYS.-- (a) For the purposes of this section, "local government attorney" means any individual who routinely serves as the attorney for a unit of local government. The term shaft not include any person who renders Legal services to a unit of Local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the purposes of this section, "unit of local government" includes, but is not limited to, municipalities, counties, and special districts. (b) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of focal government to contract with a Law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a locat government attorney who is a member of or is otherwise associated with the taw firm, to provide any or aLL [egat services to the unit of Local government, so Long as the Local government attorney is not a furl-time employee or member of the governing body of the unit of total government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local government attorney. (c) No Local government attorney or law firm in which the Local government attorney is a member, partner, or employee shaft represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the taw firm of the local government attorney to complete Legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney's taw firm to be completed for the unit of local government. History.--s. 3, ch. 67-469; s. 2, ch. 69-335; ss. 10, 35, ch. 69-106; s. 3, ch. 74-177; ss. 4, 11, ch. 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch. 82-98; s. 2, ch. 83-26; s. 6, ch. 83-282; s. 14, ch. 85-80; s. 12, ch. 86-145; s. 1, ch. 88-358; s. 1, ch. 88-408; s. 3, ch. 90-502; s. 3, ch. 91-85; s. 4, ch. 91-292; s. 1, ch. 92-35; s. 1, ch. 94-277; s. 1406, ch. 95-147; s. 3, ch. 96-311; s. 34, ch. 96-318; s. 41, ch. 99-2; s. 29, ch. 2001-266; s. 20, ch. 2002-1; s. 894, ch. 2002-387. 1Note.--Abolished by s. 3, ch. 2001-170. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. Privacy Stateme~J;. http ://www. flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3135: flsenate.gov Page 1 of 2 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3135 Restriction on employment of relatives.-- (1) In this section, unless the context otherwise requires: (a) "Agency" means: 1. A state agency, except an institution under the jurisdiction of the Division of Universities of the Department of Education; 2. An office, agency, or other establishment in the legislative branch; 3. An office, agency, or other establishment in the judicial branch; 4. A county; 5. A city; and 6. Any other political subdivision of the state, except a district school board or community college district. (b) "Collegial body" means a governmental entity marked by power or authority vested equally in each of a number of colleagues. (c) "Public official" means an officer, including a member of the Legislature, the Governor, and a member of the Cabinet, or an employee of an agency in whom is vested the authority by taw, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency, including the authority as a member of a collegial body to vote on the appointment, employment, promotion, or advancement of individuals. (d) "Relative," for purposes of this section only, with respect to a public official, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (2)(a) A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which the official is serving or over which the official exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member. However, this subsection shall not apply to appointments to boards other than those with http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3135: flsenate.gov Page 2 of 2 land-planning or zoning responsibilities in those municipalities with less than 35,000 population. lhis subsection does not apply to persons serving in a volunteer capacity who provide emergency medical, firefighting, or police services. Such persons may receive, without losing their volunteer status, reimbursements for the costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services and payment for any incidental expenses relating to those services that they provide. (b) Mere approval of budgets shall not be sufficient to constitute "jurisdiction or control" for the purposes of this section. (3) An agency may prescribe regulations authorizing the temporary employment, in the event of an emergency as defined in s. 252.34(3), of individuals whose employment would be other,Mse prohibited by this section. (4) Legislators' relatives may be employed as pages or messengers during legislative sessions. History.--ss. 1, 2, 3, ch. 69-341; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 3, ch. 83-334; s. 1, ch. 89-67; s. 4, ch. 90-502; s. 2, ch. 94-277; s. 1407, ch. 95-147; s. 1, ch. 98-160; s. 42, ch. 99-2. Note.--Former s. 116.111. Disclaimer: The information on this system is unverified. The journals or printed bills of the respecUve chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. Pdvacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3143: flsenate.gov Page 1 of 2 Select Year: The 2003 Florida Statutes TitLe X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 View Entire PUBLIC OFFICERS AND EMPLOYEES: Chapter GENERAL PROVISIONS 112.3143 Voting conflicts.-- (1) As used in this section: (a) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (b) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in- [aw, mother-in-law, son-in-law, or daughter-in-law. (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer's special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer shall, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s..7!.1..2~.3.12.(2); or which he or she knows would inure to the special private gain or toss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, w~thin 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed w~th the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or toss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shat[ be made in a written memorandum flied with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3143: flsenate.gov Page 2 of 2 other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. Htstory.--s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch. 91-85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s. 43, ch. 99-2. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3144: flsenate.gov Page 1 of 3 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3144 Full and public disclosure of financial interests.-- 1(1 ) An officer who is required by s. 8, Art. II of the State Constitution to file a full and public disclosure of his or her financial interests for any calendar or fiscal year shall file that disclosure with the Florida Commission on Ethics. (2) A person who is required, pursuant to s. 8, Art. II of the State Constitution, to file a full and public disclosure of financial interests and who has filed a full and public disclosure of financial interests for any calendar or fiscal year shall not be required to file a statement of financial interests pursuant to s. 112.3145(2) and (3) for the same year or for any part thereof notwithstanding any requirement of this part, except that a candidate for office shall file a copy of his or her disclosure with the officer before whom he or she qualifies. (3) For purposes of full and public disclosure under s. 8(a), Art. II of the State Constitution, the following items, if not held for investment purposes and if valued at over $1,000 in the aggregate, may be reported in a lump sum and identified as "household goods and persona[ effects": (a) Jewelry; (b) Collections of stamps, guns, and numismatic properties; (c) Art objects; (d) Household equipment and furnishings; (e) Clothing; (f) Other household items; and (g) Vehicles for personal use. (4) Forms for compliance with the full and public disclosure requirements of s. 8, Art. II of the State Constitution shall be created by the Commission on Ethics. The commission shall give notice of disclosure deadlines and detinquendes and distribute forms in the following manner: (a) Not later than May 1 of each year, the commission shall prepare a current list of the names and addresses of and the offices held by every person required to file fuU and public disclosure annually by s. 8, Art. II of the State Constitution, or other state taw. In compiling the list, the commission shall be assisted by each unit of government in providing at the request of the commission the name, address, and name of the office held by each public official within the respective unit of government. (b) Not later than 30 days before July 1 of each year, the commission shat[ mail a copy of the form prescribed for compliance with full and public disclosure and a notice of the filing deadline to each person on the mailing iisi. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3144: flsenate.gov Page 2 of 3 2(c) Not later than 30 days after July 1 of each year, the commission shall determine which persons on the mailing list have failed to file full and public disclosure and shall send delinquency notices by certified mai[ to such persons. Each notice shall state that a grace period is in effect until September 1 of the current year. (d) Statements must be flied not later than 5 p.m. of the due date. However, any statement that is postmarked by the United States Postal Service by midnight of the due date is deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States Postal Service at the time of the mailing, or a receipt from an established courier company which bears a date on or before the due date, constitutes proof of mailing in a timely manner. (e) Any person who is required to file full and public disclosure of financial interests and whose name is on the commission's mailing list but who fails to timely file is assessed a fine of $25 per day for each day late up to a maximum of Sl,500; however this $1,500 limitation on automatic fines does not limit the civil penalty that may be imposed if the statement is filed more than 60 days after the deadline and a complaint is filed, as provided in s. 112.324. The commission must provide by rule the grounds for waiving the fine and the procedures by which each person whose name is on the mailing list and who is determined to have not filed in a timely manner will be notified of assessed fines and may appeal. The rule must provide for and make specific the following: 1. The amount of the fine due is based upon the earliest of the following: a. When a statement is actually received by the office. b. When the statement is postmarked. c. When the certificate of mailing is dated. d. When the receipt from an established courier company is dated. 2. Upon receipt of the disclosure statement or upon accrual of the maximum penalty, whichever occurs first, the commission shall determine the amount of the fine which is due and shall notify the delinquent person. The notice must include an explanation of the appeal procedure under subparagraph 3. Such fine must be paid within 30 days after the notice of payment due is transmitted, unless appeal is made to the commission pursuant to subparagraph 3. The moneys shall be deposited into the General Revenue Fund. 3. Any reporting person may appeal or dispute a fine, based upon unusual circumstances surrounding the failure to file on the designated due date, and may request and is entitled to a hearing before the commission, which may waive the fine in whole or in part for good cause shown. Any such request must be made within 30 days after the notice of payment due is transmitted. In such a case, the reporting person must, within the 30-day period, notify the person designated to review the timeliness of reports in writing of his or her intention to bring the matter before the commission. (f) Any person subject to the annual filing of full and public disclosure under s. 8, Art. II of the State Constitution, or other state law, whose name is not on the commission's mailing list of persons required to file futt and public disclosure is not subject to the fines or penalties provided in this part for failure to file full and public disclosure in any year in which the omission occurred, but nevertheless is required to file the disclosure statement. (g) The notification requirements and fines of this subsection do not apply to candidates or to the first filing required of any person appointed to elective constitutional office or other position required to file full and public disclosure, unless the person's name is on the commission's notification list and the person received notification from the commission. The appointing official shall notify such newly appointed person of the obligation to rite full and public disclosure by July http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3144: flsenate.gov Page 3 of 3 1. The notification requirements and fines of this subsection do not apply to the final filing provided for in subsection (5). (h) Notwithstanding any provision of chapter 120, any fine imposed under this subsection which is not waived by final order of the commission and which remains unpaid more than 60 days after the notice of payment due or more than 60 days after the commission renders a final order on the appeal must be submitted to the Department of Financial Services as a claim, debt, or other obligation owed to the state, and the department shall assign the collection of such fine to a collection agent as provided in s. 17.20. (5) Each person required to file futt and public disclosure of financial interests shall rite a final disclosure statement within 60 days after leaving his or her public position for the period between January 1 of the year in which the person [eaves and the last day of office or employment, unless within the 60-day period the person takes another public position requiring financial disclosure under s. 8, Art. II of the State Constitution, or is otherwise required to rite full and public disclosure for the final disclosure period. The head of the agency of each person required to file futt and public disclosure for the final disclosure period shat[ notify such persons of their obligation to file the final disclosure and may designate a person to be responsible for the notification requirements of this subsection. (6) The commission shah adopt rules and forms specifying how a person who is required to file full and public disclosure of financial interests may amend his or her disclosure statement to report information that was not included on the form as originally filed. If the amendment is the subject of a complaint fi[ed under this part, the commission and the proper disciplinary official or body shall consider as a mitigating factor when considering appropriate disciplinary action the fact that the amendment was fi[ed before any complaint or other inquiry or proceeding, while recognizing that the public was deprived of access to information to which it was entitled. History.--s. 1, ch. 82-98; s. 3, ch. 88-358; s. 19, ch. 91-45; s. 4, ch. 94-277; s. 1409, ch. 95-147; s. 2, ch. 2000-243; s. 30, ch. 2000-258; s. 127, ch. 2003-261. 1Note.--As created by s. 30, ch. 2000-258. Subsection (1), as created by s. 2, ch. 2000-243, reads: (1) A person who is required, pursuant to s. 8, Art. II of the State Constitution, to rite a futt and public disclosure of financial interests for any calendar or fiscal year shall file the disclosure with the Florida Commission on Ethics. 2Note.--As amended by s. 30, ch. 2000-258. Paragraph (4)(c), as amended by s. 2, ch. 2000-243, reads: (c) Not later than 30 days after July 1 of each year, the commission shall determine which persons on the mailing list have failed to file futt and public disclosure and shall send delinquency notices by certified mail to such persons. Each notice must state that a grace period is in effect until September 1 of the current year and that, if the statement is not filed by September 1 of the current year, a $25 fine for each day late will be imposed, up to a maximum penalty of $1,500; and that, if upon the filing of a sworn complaint the commission finds that the person has failed to timely file the statement within 60 days after September 1 of the current year, such person wilt also be subject to the penalties provided in s. Disclaimer: The information on this system is unverified. The journals or printed bi[ts of the respective chambers should be consulted for official purposes. Copyrisht © 2000-2003 State of Florida. Privacy_ Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 1 of 7 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES~ AND RECORDS Chapter 112 View Entire PUBLIC OFFICERS AND EMPLOYEES: Chapter GENERAL PROVISIONS 112.3145 Disclosure of financial interests and clients represented before agencies.-- (1) For purposes of this section, unless the context otherwise requires, the term: (a) "Local officer" means: 1. Every person who is elected to office in any political subdivision of the state, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office. 2. Any appointed member of any of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision of the state: a. The governing body of the political subdivision, if appointed; b. An expressway authority or transportation authority established by general law; c. A community college or junior college district board of trustees; d. A board having the power to enforce local code provisions; e. A planning or zoning board, board of adjustment, board of appeals, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and such other groups who only have the power to make recommendations to planning or zoning boards; f. A pension board or retirement board having the power to invest pension or retirement funds or the power to make a binding determination of one's entitlement to or amount of a pension or other retirement benefit; or g. Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 3. Any person holding one or more of the foUow~ng positions: mayor; county or city manager; chief administrative employee of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building code inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator, with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; district school superintendent; community college president; district medical examiner; or purchasing agent having the authority to make any purchase exceeding the threshold amount provided for in s. 287.017 for CATEGORY ONE, on behaff of any political subdivision of the state or any entity thereof. (b) "Specified state employee" means: http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 2 of 7 1. Public counsel created by chapter 350, an assistant state attorney, an assistant public defender, a full-time state employee who serves as counsel or assistant counsel to any state agency, the Deputy Chief Judge of Compensation Claims, a judge of compensation claims, an administrative law judge, or a hearing officer. 2. Any person employed in the office of the Governor or in the office of any member of the Cabinet if that person is exempt from the Career Service System, except persons employed in clerical, secretarial, or similar positions. 3. Each appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, or deputy executive director of each state department, commission, board, or council; unless otherwise provided, the division director, assistant division director, deputy director, bureau chief, and assistant bureau chief of any state department or division; or any person having the power normally conferred upon such persons, by whatever title. 4. The superintendent or institute director of a state mental health institute established for training and research in the mental health field or the warden or director of any major state institution or facility established for corrections, training, treatment, or rehabilitation. 5. Business managers, purchasing agents having the power to make any purchase exceeding the threshold amount provided for in s. 2~Z,.!)]_Z for CATEGORY ONE, finance and accounting directors, personnel officers, or grants coordinators for any state agency. 6. Any person, other than a legislative assistant exempted by the presiding officer of the house by which the legislative assistant is employed, who is employed in the legislative branch of government, except persons employed in maintenance, clerical, secretarial, or similar positions. 7. Each employee of the Commission on Ethics. lc) "State officer" means: 1. Any elected public officer, excluding those elected to the United States Senate and House of Representatives, not covered elsewhere in this part and any person who is appointed to fill a vacancy for an unexpired term in such an elective office. 2. An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. 3. A member of the aboard of Regents, the Chancellor and Vice Chancellors of the State University System, and the president of a state university. 4. A member of the judicial nominating commission for any district court of appeal or any judicial circuit. (2)la) A person seeking nomination or election to a state or local elective office shall file a statement of financial interests together with, and at the same time he or she files, qualifying papers. lb) Each state or local officer and each specified state employee shall file a statement of financial interests no later than July 1 of each year. Each state officer, local officer, and specified state employee shall file a final statement of financial interests within 60 days after leaving his or her public position for the period between January 1 of the year in which the person leaves and the last day of office or employment, unless within the 60-day period the person takes another public position requiring financial disclosure under this section or s. 8, Art. II of the State Constitution or otherwise is required to file full and public disclosure or a statement of financial interests for the http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 3 of 7 final disclosure period. Each state or local officer who is appointed and each specified state employee who is employed shall file a statement of financial interests within 30 days from the date of appointment or, in the case of a specified state employee, from the date on which the employment begins, except that any person whose appointment is subject to confirmation by the Senate shat[ file prior to confirmation hearings or within 30 days from the date of appointment, whichever comes first. lc) State officers and specified state employees shall file their statements of financial interests with the Commission on Ethics. Local officers shall file their statements of financial interests with the supervisor of elections of the county in which they permanently reside. Local officers who do not permanently reside in any county in the state shall file their statements of financial interests with the supervisor of elections of the county in which their agency maintains its headquarters. Persons seeking to qualify as candidates for local public office shall file their statements of financial interests with the officer before whom they qualify. (3) The statement of financial interests for state officers, specified state employees, local officers, and persons seeking to qualify as candidates for state or local office shall be filed even if the reporting person holds no finanda[ interests requiring disclosure, in which case the statement shall be marked "not applicable." Otherwise, the statement of financial interests shall include, at the flier's option, either: (a)l. Att sources of income in excess of 5 percent of the gross income received during the disclosure period by the person in his or her own name or by any other person for his or her use or benefit, excluding public salary. However, this shall not be construed to require disclosure of a business partner's sources of income. The person reporting shall list such sources in descending order of value with the largest source first; 2. Alt sources of income to a business entity in excess of 10 percent of the gross income of a business entity in which the reporting person held a material interest and from which he or she received an amount which was in excess of 10 percent of his or her gross income during the disclosure period and which exceeds $1,500. The period for computing the gross income of the business entity is the fiscal year of the business entity which ended on, or immediately prior to, the end of the disclosure period of the person reporting; 3. The location or description of real property in this state, except for residences and vacation homes, owned directly or indirectly by the person reporting, when such person owns in excess of 5 percent of the value of such real property, and a general description of any intangible personal property worth in excess of 10 percent of such person's total assets. For the purposes of this paragraph, indirect ownership does not include ownership by a spouse or minor child; and 4. Every individual liability that equals more than the reporting person's net worth; or (b)l. All sources of gross income in excess of $2,500 received during the disclosure period by the person in his or her own name or by any other person for his or her use or benefit, excluding public salary. However, this shall not be construed to require disclosure of a business partner's sources of income. The person reporting shall list such sources in descending order of value with the largest source first; 2. All sources of income to a business entity in excess of 10 percent of the gross income of a business entity in which the reporting person held a material interest and from which he or she received gross income exceeding $5,000 during the disclosure period. The period for computing the gross income of the business entity is the fiscal year of the business entity which ended on, or immediately prior to, the end of the disclosure period of the person reporting; 3. The location or description of real property in this state, except for residence and vacation homes, owned directly or indirectly by the person reporting, when such person owns in excess of 5 http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 4 of 7 percent of the value of such real property, and a general description of any intangible personal property worth in excess of $10,000. For the purpose of this paragraph, indirect ownership does not include ownership by a spouse or minor child; and 4. Every liability in excess of $10,000. (4) Each elected constitutional officer, state officer, local officer, and specified state employee shall file a quarterly report of the names of clients represented for a fee or commission, except for appearances in ministerial matters, before agencies at his or her level of government. For the purposes of this part, agencies of government shall be classified as state-level agencies or agencies below state level. Each local officer shale file such report with the supervisor of elections of the county in which the officer is principally employed or is a resident. Each state officer, elected constitutional officer, and specified state employee shall file such report with the commission. The report shat[ be filed only when a reportable representation is made during the calendar quarter and shall be filed no later than the East day of each calendar quarter, for the previous calendar quarter. Representation before any agency shale be deemed to include representation by such officer or specified state employee or by any partner or associate of the professional firm of which he or she is a member and of which he or she has ac[uaE know[edge. For the purposes of this subsection, the term "representation before any agency" does not include appearances before any court or the Deputy Chief Judge of Compensation Claims or judges of compensation claims or representations on behalf of one's agency in one's official capacity. Such term does not include the preparation and filing of forms and applications merely for the purpose of obtaining or transferring a license based on a quota or a franchise of such agency or a license or operation permit to engage in a profession, business, or occupation, so long as the issuance or granting of such license, permit, or transfer does not require substantial discretion, a variance, a special consideration, or a certificate of public convenience and necessity. (5) Each elected constitutional officer and each candidate for such office, any other public officer required pursuant to s. 8, Art. II of the State Constitution to file a full and public disclosure of his or her financial interests, and each state officer, local officer, specified state employee, and candidate for elective public office who is or was during the disclosure period an officer, director, partner, proprietor, or agent, other than a resident agent solely for service of process, of, or owns or owned during the disclosure period a material interest in, any business entity which is granted a privilege to operate in this state shat[ disclose such facts as a part of the disclosure form filed pursuant to s. 8, Art. II of the State Constitution or this section, as applicable. The statement shaft give the name, address, and principal business activity of the business entity and shall state the position held with such business entity or the fact that a material interest is owned and the nature of that interest. (6) Forms for compliance w~th the disclosure requirements of this section and a current list of persons subject to disclosure shat[ be created by the commission and provided to each supervisor of elections. The commission and each supervisor of elections shall give notice of disclosure deadlines and delinquencies and distribute forms in the following manner: (a)l. Not later than gay 1 of each year, the commission shall prepare a current list of the names and addresses of, and the offices or positions held by, every state officer, local officer, and specified employee. In compiling the list, the commission shall be assisted by each unit of government in providing, at the request of the commission, the name, address, and name of agency of, and the office or position held by, each state officer, local officer, or specified state employee within the respective unit of government. 2. Not later than May 15 of each year, the commission shat[ provide each supervisor of elections with a current mailing tis[ of all local officers required to file with such supervisor of elections. (b) Not later than 30 days before July 1 of each year, the commission and each supervisor of elections, as appropriate, shall mail a copy of the form prescribed for compliance with subsection (3) and a notice of att applicable disclosure forms and filing deadlines to each person required to http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 5 of 7 rite a statement of financial interests. (c) Not later than 30 days after July 1 of each year, the commission and each supervisor of elections shall determine which persons required to file a statement of financial interests in their respective offices have failed to do so and shat[ send delinquency notices by certified mail to such persons. Each notice shall state that a grace period is in effect until September 1 of the current year; that no investigative or disciplinary action based upon the delinquency wilt be taken by the agency head or commission if the statement is filed by September 1 of the current year; that, if the statement is not filed by September 1 of the current year, a fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500; for notices sent by a supervisor of elections, that he or she is required by law to notify the commission of the delinquency; and that, if upon the filing of a sworn complaint the commission finds that the person has failed to timely file the statement within 60 days after September 1 of the current year, such person will also be subject to the penalties provided in s. 112.317. (d) No later than November 15 of each year, the supervisor of elections in each county shall certify to the commission a list of the names and addresses of, and the offices or positions held by, all persons who have failed to timely file the required statements of financial interests. The certification must include the earliest of the dates described in subparagraph (f)l. The certification shall be on a form prescribed by the commission and shall indicate whether the supervisor of elections has provided the disclosure forms and notice as required by this subsection to ali persons named on the delinquency Est. (e) Statements must be filed not tater than 5 p.m. of the due date. However, any statement that is postmarked by the United States Postal Service by midnight of the due date is deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States Postal Service at the time of the mailing, or a receipt from an established courier company which bears a date on or before the due date, constitutes proof of mailing in a timely manner. (f) Any person who is required to rite a statement of financial interests and whose name is on the commission's mailing list but who fails to timely file is assessed a fine of $25 per day for each day late up to a maximum of $1,500; however, this $1,500 limitation on automatic fines does not limit the civil penalty that may be imposed if the statement is filed more than 60 days after the deadline and a complaint is fi[ed, as provided in s. _ll~.$Z4,_ The commission must provide by rule the grounds for waiving the fine and procedures by which each person whose name is on the mailing list and who is determined to have not filed in a timely manner wiil be notified of assessed fines and may appeal. The rule must provide for and make specific the following: 1. The amount of the fine due is based upon the earliest of the following: a. When a statement is actually received by the office. b. When the statement is postmarked. c. When the certificate of mailing is dated. d. When the receipt from an established courier company is dated. 2. For a specified state employee or a state officer, upon receipt of the disclosure statement by the commission or upon accrual of the maximum penalty, whichever occurs first, and for a local officer upon receipt by the commission of the certification from the local officer's supervisor of elections pursuant to paragraph (d), the commission shall determine the amount of the fine which is due and shall notify the delinquent person. The notice must include an explanation of the appeal procedure under subparagraph 3. The fine must be paid within 30 days after the notice of payment due is transmitted, un[ess appeal is made to the commission pursuant to subparagraph 3. The moneys are to be deposited into the Genera[ Revenue Fund. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 6 of 7 3. Any reporting person may appeal or dispute a fine, based upon unusual circumstances surrounding the failure to file on the designated due date, and may request and is entitled to a hearing before the commission, which may waive the fine in whole or in part for good cause shown. Any such request must be made within 30 days after the notice of payment due is transmitted. In such a case, the reporting person must, within the 30-day period, notify the person designated to review the timeliness of reports in writing of his or her intention to bring the matter before the commission. (g) Any state officer, local officer, or specified employee whose name is not on the mailing list of persons required to file an annual statement of financial interests is not subject to the penalties provided in s. 112.317 or the fine provided in this section for failure to timely file a statement of financial interests in any year in which the omission occurred, but nevertheless is required to file the disdosure statement. (h) The notification requirements and fines of this subsection do not apply to candidates or to the first or final filing required of any state officer, specified employee, or total officer as provided in paragraph {2)(b). (i) Notwithstanding any provision of chapter 120, any fine imposed under this subsection which is not waived by final order of the commission and which remains unpaid more than 60 days after the notice of payment due or more than 60 days after the commission renders a final order on the appeal must be submitted to the Department of Financial Services as a claim, debt, or other obligation owed to the state, and the department shall assign the collection of such a fine to a collection agent as provided in s. IJT~ZQ. (7)(a) The appointing officiat or body shat[ notify each newly appointed local officer, state officer, or specified state employee, not later than the date of appointment, of the officer's or employee's duty to comply with the disclosure requirements of this section. The agency head of each employing agency shall notify each newly employed local officer or specified state emptoyee, not tater than the day of employment, of the officer's or emptoyee's duty to comply with the disclosure requirements of this section. The appointing official or body or employing agency head may designate a person to be responsible for the notification requirements of this paragraph. (b) The agency head of the agency of each local officer, state officer, or specified state employee who is required to file a statement of financial interests for the final disclosure period shall notify such persons of their obligation to file the final disclosure and may designate a person to be responsible for the notification requirements of this paragraph. (8) A public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof, notwithstanding any requirement of this act, except that any public officer who qualifies as a candidate for public office shall file a copy of the disclosure with the officer before whom he or she qualifies as a candidate at the time of qualification. (9) The commission shall adopt rules and forms specifying how a state officer, local officer, or specified state employee may amend his or her statement of financial interests to report information that was not included on the form as originally filed. If the amendment is the subject of a complaint filed under this part, the commission and the proper disciplinary official or body shall consider as a mitigating factor when considering appropriate disciplinary action the fact that the amendment was filed before any complaint or other inquiry or proceeding, while recognizing that the public was deprived of access to information to which it was entitled. History.--s. 5, ch. 74-177; ss. 2, 6, ch. 75-196; s. 2, ch. 76-18; s. 1, ch. 77-174; s. 63, ch. 77-175; s. 54, ch. 79-40; s. 3, ch. 82-98; s. 2, ch. 83-128; ss. 2, 5, ch. 83-282; s. 3, ch. 84-318; s. 1, ch. 88- 316; s. 1, ch. 90-169; s. 5, ch. 90-502; s. 27, ch. 91-46; s. 6, ch. 91-85; s. 6, ch. 91-292; ss. 5, 13, ch. 94-277; s. 3, ch. 94-340; s. 1410, ch. 95-147; s. 14, ch. 96-410; s. 31, ch. 97-286; s. 17, ch. 99- 399; s. 2, ch. 2000-161; s. 3, ch. 2000-243; s. 31, ch. 2000-258; s. 23, ch. 2000-372; s. 3, ch. 2001- http ://www.flsenate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3145: flsenate.gov Page 7 of 7 91; s. 2, ch. 2001-282; s. 128, ch. 2003-261. 1Note.--Abotished by s. 3, ch. 2001-170. Disctaimer: The information on this system is unverified. The joumats or printed biffs of the respective chambers should be consutted for officia[ purposes. Copyright © 2000-2003 State of Ftorida. Privacy Statement. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Stamte& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3146: flsenate.gov Page 1 of 1 Select Year: The 2003 Florida Statutes Tit;lC X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 1 t2.3146 Public records.--The statements required by ss. 112.313, 112.3145, 112.3148, and ._1..._1..2.,_~_1.~ shall be public records within the meaning of s..~!.J %.0..1_.,_ History.--s. 6, ch. 74-177; s. 6, ch. 90-502; s. 7, ch. 91-85. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of F[odda. privacy Statement. http://www.flsenate.gov/Stamtes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3147: flsenate.gov Page 1 of 1 Select Year: The 2003 Florida Statutes PUBLIC OFFICERS~ EMPLOYEES~ AND RECORDS 112.3147 Forms.-- Chapter 112: View Entire PUBLIC OFFICERS AND EMPLOYEES: Chapter GENERAL PROVISIONS (1) Att information required to be furnished by ss. 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II of the State Constitution shall be on forms prescribed by the Commission on Ethics. (2)(a) With respect to reporting assets valued in excess of $1,000 on forms prescribed pursuant to s. ]_.!2~..;11~4 which the reporting individual holds jointly with another person, the amount reported shall be based on the reporting individual's Legal percentage of ownership in the property, except that assets held jointly with the reporting individual's spouse shall be reported at 100 percent of the value of the asset. For purposes of this subsection, a reporting individual is deemed to own an interest in a partnership which corresponds to the reporting individual's interest in the capital or equity of the partnership. (b)l. With respect to reporting liabilities valued in excess of $1,000 on forms prescribed pursuant to s. 112.3144 for which the reporting individual is jointly and severally liable, the amount reported shall be based upon the reporting individual's percentage of Liability rather than the total amount of the-liability, except, a joint and several liability with the reporting individuaL's spouse for a debt which relates to property owned by both as tenants by the entirety shall be reported at 100 percent of the total amount owed. 2. A separate section of the form shat[ be created to provide for the reporting of the amounts of joint and several tiabiUty of the reporting individual not otherwise reported in paragraph (a). History.--s. 7, ch. 74-177; s. 3, ch. 76-18; s. 7, ch. 90-502; s. 8, ch. 91-85; s. 12, ch. 2000-243. Disclaimer: The information on this system is unYedfied. The journals or printed bills of the respective chambers should be consulted for officiaI` purposes. Copyright © 2000-2003 State of Florida. Privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3148: flsenate.gov Page 1 of 5 Select Year: The 2003 Florida Statutes Title x PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3148 Reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees.-- (1) The provisions of this section do not apply to gifts solicited or accepted by a reporting individual or procurement employee from a relative. (2) As used in this section: (a) "Immediate family" means any parent, spouse, child, or sibling. (b)l. "Lobbyist" means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. 2. With respect to an agency that has established by rule, ordinance, or law a registration process for persons seeking to influence decisionmaking or to encourage the passage, defeat, or modification of any proposal or recommendation by such agency or an employee or official of the agency, the term "lobbyist" includes only a person who is required to be registered as a lobbyist in accordance with such rule, ordinance, or law or who was during the preceding 12 months required to be registered as a lobbyist in accordance with such rule, ordinance, or law. At a minimum, such a registration system must require the registration of, or must designate, persons as "lobbyists" who engage in the same activities as require registration to lobby the Legislature pursuant to s. 11,045. (c) "Person" includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (d) "Reporting individual" means any individual, including a candidate upon qualifying, who is required by taw, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. For purposes of implementing this section, the "agency" of a reporting individual who is not an officer or employee in public service is the agency to which the candidate seeks election, or in the case of an individual elected to but yet to formally take office, the agency in which the individual has been elected to serve. (e) "Procurement employee" means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in s. 287.012, if the cost of such services or commodities exceeds $1,000 in any year. (3) A reporting individual or procurement employee is prohibited from soliciting any gift from a political committee or committee of continuous existence, as defined in s. 106.011, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or the partner, http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3148: flsenate.gov Page 2 of 5 firm, employer, or principal of such lobbyist, where such gift is for the personal benefit of the reporting individual or procurement employee, another reporting individual or procurement employee, or any member of the immediate family of a reporting individual or procurement employee. (4) A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or committee of continuous existence, as defined in s. 106,01 !, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist, if he or she knows or reasonably believes that the gift has a value in excess of 5100; however, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (5)la) A political committee or a committee of continuous existence, as defined in s. 106.011; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer, or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $100 to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift having a value in excess of $100 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (b) However, a person who is regulated by this subsection, who is not regulated by subsection (6), and who makes, or directs another to make, an individual gift having a value in excess of $:15, but not in excess of 5100, other than a gift which the donor knows wilt be accepted on behalf of a governmental entity or charitable organization, must file a report on the last day of each calendar quarter, for the previous calendar quarter in which a reportable gift is made. The report shall be filed with the Commission on Ethics, except with respect to gifts to reporting individuals of the legislative branch, in which case the report shall be filed with the Division of Legislative Information Services in the Office of Legislative Services. The report must contain a description of each gift, the monetary value thereof, the name and address of the person making such gift, the name and address of the recipient of the gift, and the date such gift is given. In addition, when a gift is made which requires the filing of a report under this subsection, the donor must notify the intended recipient at the time the gift is made that the donor, or another on his or her behalf, will report the gift under this subsection. Under this paragraph, a gift need not be reported by more than one person or entity. (6)(a) Notwithstanding the provisions of subsection (5), an entity of the legislative or judicial branch, a department or commission of the executive branch, a water management district created pursuant to s. 373.069, South Florida Regional Transportation Authority, the Technological Research and Development Authority, a county, a municipality, an airport authority, or a school board may give, either directly or indirectly, a gift having a value in excess of $100 to any reporting individual or procurement employee if a public purpose can be shown for the gift; and a direct-support organization specifically authorized by law to support a governmental entity may give such a gift to a reporting individual or procurement employee who is an officer or employee of such governmental entity. (b) Notwithstanding the provisions of subsection (4), a reporting individual or procurement employee may accept a gift having a value in excess of 5100 from an entity of the legislative or judicial branch, a department or commission of the executive branch, a water management district created pursuant to s. 373.069, South Florida Regional Transportation Authority, the Technological Research and Development Authority, a county, a municipality, an airport authority, or a school board if a public purpose can be shown for the gift; and a reporting individual or procurement employee who is an officer or employee of a governmental entity supported by a direct-support http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3148: flsenate.gov Page 3 of 5 organization specifically authorized by taw to support such governmental entity may accept such a gift from such direct-support organization. (c) No later than March 1 of each year, each governmental entity or direct-support organization specifically authorized by law to support a governmental.entity which has given a gift to a reporting individual or procurement employee under paragraph (a) shat[ provide the reporting individual or procurement employee with a statement of each gift having a value in excess of $100 given to such reporting individual or procurement employee by the governmental entity or direct- support organization during the preceding calendar year. Such report shat[ contain a description of each gift, the date on which the gift was given, and the value of the total gifts given by the governmental entity or direct-support organization to the reporting individual or procurement employee during the calendar year for which the report is made. A governmental entity may provide a single report to the reporting individual or procurement employee of gifts provided by the governmental entity and any direct-support organization specifically authorized by law to support such governmental entity. (d) No later than July 1 of each year, each reporting individual or procurement employee shall file a statement listing each gift having a value in excess of $100 received by the reporting individual or procurement employee, either directly or indirect[y, from a governmental entity or a direct- support organization specifically authorized by [aw to support a governmental entity. The statement shall tis[ the name of the person providing the gift, a description of the gift, the date or dates on which the gift was given, and the value of the to[at gifts given during the calendar year for which the report is made. The reporting individual or procurement employee shall attach to such statement any report received by him or her in accordance with paragraph (c), which report shat[ become a public record when fi[ed with the statement of the reporting individual or procurement employee. The reporting individual or procurement employee may explain any differences between the report of the reporting individual or procurement employee and the attached reports. The annual report fi[ed by a reporting individual shall be filed with the financial disclosure statement required by either s. 8, Art. II of the State Constitution or s. 112.3145, as applicable to the reporting individual. The annual report filed by a procurement employee shall be fi[ed with the Commission on Ethics. (7)(a) The value of a gift provided to a reporting individual or procurement employee shall be determined using actual cost to the donor, less taxes and gratuities, except as otherwise provided in this subsection, and, with respect to personal services provided by the donor, the reasonable and customary charge regularly charged for such service in the community in which the service is provided shall be used. If additional expenses are required as a condition precedent to eligibility of the donor to purchase or provide a gift and such expenses are primarily for the benefit of the donor or are of a charitable nature, such expenses shat[ not be included in determining the value of the gift. (b) Compensation provided by the donee to the donor, if provided within 90 days after receipt of the gift, shah be deducted from the value of the gift in determining the value of the gift. (c) If the actual gift value attributable to individual participants at an event cannot be determined, the total costs shat[ be prorated among at[ invited persons, whether or not they are reporting individuals or procurement employees. (d) Transportation shaft be valued on a round-trip basis unless only one-way transportation is provided. Round-trip transportation expenses shall be considered a single gift. Transportation provided in a private conveyance shall be given the same value as transportation provided in a comparable commercial conveyance. (e) Lodging provided on consecutive days shall be considered a single gift. Lodging in a private residence shall be valued at the per diem rate provided in s. :!.J..Z,..Q6.:t(6)(a)l. tess the meat allowance rate provided in s. 112.061 {6)(b). http ://www.flsenate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3148: flsenate.gov Page 4 of 5 (f) Food and beverages which are not consumed at a single sitting or meal and which are provided on the same calendar day shall be considered a single gift, and the total value of att food and beverages provided on that date shall be considered the value of the gift. Food and beverage consumed at a single sitting or meal shaft be considered a single gift, and the value of the food and beverage provided at that sitting or meat shall be considered the value of the gift. (g) h~embership dues paid to the same organization during any 12-month period shall be considered a single gift. (h) Entrance fees, admission fees, or tickets shall be valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater. (i) Except as otherwise specified in this section, a gift shall be valued on a per occurrence basis. (j) The value of a gift provided to several individuals may be attributed on a pro rata basis among alt of the individuals. If the gift is food, beverage, entertainment, or similar items, provided at a function for more than 10 people, the value of the gift to each individual shall be the total value of the items provided divided by the number of persons invited to the function, unless the items are purchased on a per person basis, in which case the value of the gift to each person is the per person cost. (k) The value of a gift of an admission ticket shall not include that portion of the cost which represents a charitable contribution, if the gift is provided by the charitable organization. (8)(a) Each reporting individual or procurement employee shall file a statement with the Commission on Ethics on the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts which he or she believes to be in excess of $100 in value, if any, accepted by him or her, for which compensation was not provided by the donee to the donor w~thin 90 days of receipt of the gift to reduce the value to $100 or less, except the following: 1. Gifts from relatives. 2. Gifts prohibited by subsection (4) or s. !12,313(4). 3. Gifts otherwise required to be disclosed by this section. (b) The statement shall include: 1. A description of the gift, the monetary value of the gift, the name and address of the person making the gift, and the dates thereof. If any of these facts, other than the gift description, are unknown or not applicable, the report shall so state. 2. A copy of any receipt for such gift provided to the reporting individual or procurement employee by the donor. (c) The statement may include an explanation of any differences between the reporting individual's or procurement employee's statement and the receipt provided by the donor. (d) The reporting individual's or procurement employee's statement shall be sworn to by such person as being a true, accurate, and total listing of att such gifts. (e) If a reporting individual or procurement employee has not received any gifts described in paragraph {a) during a calendar quarter, he or she is not required to file a statement under this subsection for that calendar quarter. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3148: flsenate.gov Page 5 of 5 (9) A person, other than a lobbyist regulated under s. 11.045, who violates the provisions of subsection (5) commits a noncriminal infraction, punishable by a fine of not more than $5,000 and by a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the reporting individual or procurement employee to which the gift was given in violation of subsection (5), for a period of not more than 24 months. The state attorney, or an agency, if otherwise authorized, may initiate an action to impose or recover a fine authorized under this section or to impose or enforce a limitation on lobbying provided in this section. (10) A member of the Legislature may request an advisory opinion from the general counsel of the house of which he or she is a member as to the application of this section to a specific situation. The general counsel shall issue the opinion within 10 days after receiving the request. The member of the Legislature may reasonably rely on such opinion. History.--s. 2, ch. 89-380; s. 8, ch. 90-502; s. 9, ch. 91-85; s. 7, ch. 91-292; s. 6, ch. 94-277; s. 1411, ch. 95-147; s. 2, ch. 96-328; s. 8, ch. 98-136; s. 4, ch. 2000-243; s. 32, ch. 2000-258; s. 8, ch. 2003-159. Disctaimer: The information on this system is unverified. The journals or printed bills of the respective chambers shoutd be consutted for official purposes. Copyright © 2000-2003 State of Florida. http://www.flsenate, gov/Statutes/index.c fm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3149: flsenate.gov Page 1 of 3 Select Year: The oo3 Florida Statutes Title x PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3149 Solicitation and disclosure of honoraria.-- (1) As used in this section: (a) "Honorarium" means a payment of money or anything of value, directly or indirectly, to a reporting individual or procurement employee, or to any other person on his or her behalf, as consideration for: 1. A speech, address, oration, or other oral presentation by the reporting individual or procurement employee, regardless of whether presented in person, recorded, or broadcast over the media. 2. A writing by the reporting individual or procurement employee, other than a book, which has been or is intended to be published. The term "honorarium" does not include the payment for services related to employment held outside the reporting individual's or procurement employee's public position which rem[ted in the person becoming a reporting individual or procurement employee, any ordinary payment or salary received in consideration for services related to the reporting individual's or procurement employee's public duties, a campaign contribution reported pursuant to chapter 106, or the payment or provision of actual and reasonable transportation, lodging, and food and beverage expenses related to the honorarium event, including any event or meeting registration fee, for a reporting individual or procurement employee and spouse. (b) "Person" includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (c) "Reporting individual" means any individual who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. !...1_g~.~!~[4_5, to file a full or limited public disclosure of his or her financial interests. (d)l. "Lobbyist" means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. 2. With respect to an agency that has established by rule, ordinance, or law a registration process for persons seeking to influence decisionmaking or to encourage the passage, defeat, or modification of any proposal or recommendation by such agency or an employee or official of the agency, the term "lobbyist" includes only a person who is required to be registered as a lobbyist in accordance with such rule, ordinance, or taw or who was during the preceding 12 months required to be registered as a lobbyist in accordance with such rule, ordinance, or law. At a minimum, such a registration system must require the registration of, or must designate, persons as "lobbyists" who engage in the same activities as require registration to lobby the Legislature pursuant to s. (e) "Procurement employee" means any employee of an officer, department, board, commission, http://www.~senate.g~v/Statutes/index.c£m?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3149: flsenate.gov Page 2 of 3 or council of the executive branch or judicial branch of state government who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in s. 287.012, if the cost of such services or commodities exceeds $1,000 in any year. (2) A reporting individual or procurement employee is prohibited from soliciting an honorarium which is related to the reporting individual's or procurement employee's public office or duties. (3) A reporting individual or procurement employee is prohibited from knowingly accepting an honorarium from a political committee or committee of continuous existence, as defined in s. !_0.6.011, from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or from the employer, principal, partner, or firm of such a lobbyist. (4) A political committee or committee of continuous existence, as defined in s. 106.011_, a lobbyist who lobbies a reporting individual's or procurement employee's agency, or the employer, principal, partner, or firm of such a lobbyist is prohibited from giving an honorarium to a reporting individual or procurement employee. (5) A person who is prohibited by subsection (4) from paying an honorarium to a reporting individual or procurement employee, but who provides a reporting individual or procurement employee, or a reporting individual or procurement employee and his or her spouse, with expenses related to an honorarium event, shall provide to the reporting individual or procurement employee, no later than 60 days after the honorarium event, a statement listing the name and address of the person providing the expenses, a description of the expenses provided each day, and the total value of the expenses provided for the honorarium event. (6) A reporting individual or procurement employee who receives payment or provision of expenses related to any honorarium event from a person who is prohibited by subsection (4) from paying an honorarium to a reporting individual or procurement employee shall publicly disclose on an annual statement the name, address, and affiliation of the person paying or providing the expenses; the amount of the honorarium expenses; the date of the honorarium event; a description of the expenses paid or provided on each day of the honorarium event; and the total value of the expenses provided to the reporting individual or procurement employee in connection with the honorarium event. The annual statement of honorarium expenses shall be filed by July 1 of each year for such expenses received during the previous calendar year. The reporting individual or procurement employee shall attach to the annual statement a copy of each statement received by him or her in accordance with subsection (5) regarding honorarium expenses paid or provided during the calendar year for which the annual statement is filed. Such attached statement shall become a public record upon the filing of the annual report. The annual statement of a reporting individual shat[ be filed with the financial disclosure statement required by either s. 8, Art. II of the State Constitution or s. ! !g.3145, as applicable to the reporting individual. The annual statement of a procurement employee shall be filed with the Commission on Ethics. (7) A person, other than a lobbyist regulated under s. 11.045, who violates the provisions of subsection (4) commits a noncriminal infraction, punishable by a fine of not more than $5,000 and by a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the reporting individual or procurement employee to whom the honorarium was paid in violation of subsection (4), for a period of not more than 24 months. The state attorney, or an agency, if otherwise authorized, may initiate an action to impose or recover a fine authorized under this section or to impose or enforce a [imitation on lobbying provided in this section. (8) A member of the Legislature may request an advisory opinion from the general counsel of the house of which he or she is a member as to the application of this section to a specific situation. The general counsel shaft issue the opinion within 10 days after receiving the request. The member of the Legislature may reasonably rely on such opinion. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de--Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3149: flsenate.gov Page 3 of 3 History.--s. 9, ch. 90-502; s. 7, ch. 94-277; $. 1412, ch. 9§-147; s. 5, ch. 2000-243; s. 33, ch. 2000- 258. DiscLaimer: The information on this system is unverified. The journals or pdnted bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Ftodda. privacy Statement. http ://www.flsenate. gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3151: flsenate.gov Page 1 of 1 Select Year: The 2003 Florida Statutes Titte X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.3151 Extensions of time for filing disclosure.--The Commission on Ethics may grant, for good cause, on an individuat basis, an extension of time for flung of any disctosure required under the provisions of this part or s. 8(a), Art. II of the State Constitution. However, no extension may extend the flung deadUne to a date within 20 days before a primary election. The commission may detegate to its chair the authority to grant any extension of time which the commission itself may grant under this section; however, no extension of time granted by the chair may exceed 45 days. Extensions of time granted under this section shaft be exempt from the provisions of chapter 120. History.--s. 4, ch. 83-282; s. 700, ch. 95-147. Disclaimer: The information on this system is unverified. The journals or printed bi[l,s of the respective chambers shoutd be consutted for officia[ purposes. Copyright © 2000-2003 State of FI. odda. Privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App~m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 316: flsenate.gov Page 1 of 1 Select Year: The 2003 Florida Statutes TitLe X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.316 Construction.--It is not the intent of this part, nor shaik it be construed, to prevent any officer or employee of a state agency or county, city, or other political subdivision of the state or any tegisiator or legislative emptoyee from accepting other employment or following any pursuit which does not interfere with the fu[! and faithful discharge by such officer, employee, [egiskator, or legislative employee of his or her duties to the state or the county, city, or other poUtica[ subdivision of the state involved. History.--s. 6, ch. 67-469; s. 2, ch. 69-335; s. 701, ch. 9§-147. Disclaimer: The information on this system is unverified. The journals or printed bi[Is of the respective chambers shoutd be consutted for officiat purposes. Copyright © 2000-2003 State of Florida. Pdvacg Statement. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 317: flsenate.gov Page 1 of 3 Select Year: The 2003 Florida Statutes Titte X Chapter112 PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.317 Penalties.-- (1) Violation of any provision of this part, including, but not limited to, any failure to ~e any disclosures required by this part or violation of any standard of conduct imposed by this part, or viotation of any provision of s. 8, Art. II of the State Constitution, in addition to any criminal penalty or other civil penalty involved, shall, pursuant to appUcab[e constitutional and statutory procedures, constitute grounds for, and may be punished by, one or more of the following: (a) In the case of a public officer: 1. Impeachment. 2. Removal from office. 3. Suspension from office. 4. Public censure and reprimand. 5. Forfeiture of no more than one-third salary per month for no more than 12 months. 6. A civil penalty not to exceed $10,000. 7. Restitution of any pecuniary benefits received because of the violation committed. (b) In the case of an employee or a person designated as a public officer by this part who otherwise would be deemed to be an employee: i. Dismissa[ from employment. 2. Suspension from emptoyment for not more than 90 days without pay. 3. Demotion. 4. Reduction in salary level. 5. Forfeiture of no more than one-third salary per month for no more than 12 months. 6. A civil penatty not to exceed 510,000. 7. Restitution of any pecuniary benefits received because of the violation committed. 8. Public censure and reprimand. (c) ~n the case of a candidate who violates the provisions of this part or s. 8(a) and (i), Art. I~ of the State Constitution: http ://www.flsenate.go v/S tatutes/inde x.cfm ?p: 2 & App _mode:Display_S tatute& Search_S~i:~ ~/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112~>Section 317: flsenate.gov Page 2 of 3 1. Disqualification from being on the ballot. 2. PubUc censure. 3. Reprimand. 4. A civil penalty not to exceed $10,000. (d) In the case of a former public officer or employee who has violated a provision applicable to former officers or employees or whose violation occurred prior to such officer's or employee's leaving public office or employment: 1. Public censure and reprimand. 2. A civil penalty not to exceed $10,000. 3. Restitution of any pecuniary benefits received because of the violation committed. (2) In any case in which the commission finds a violation of this part or of s. 8, Art. II of the State Constitution and recommends a civil penalty or restitution penalty, the Attorney General shall bring a civil action to recover such penalty. No defense may be raised in the civil action to enforce the civil penalty or order of restitution that could have been raised by judicial review of the administrative findings and recommendations of the commission by certiorari to the district court of appeal. (3) The penalties prescribed in this part shall not be construed to limit or to conflict with: (a) The power of either house of the Legislature to discipline its own members or impeach a public officer. (b) The power of agencies to discipline officers or employees. (4) Any violation of this part or of s. 8, Art. II of the State Constitution by a public officer shall constitute maffeasance, misfeasance, or neglect of duty in office within the meaning of s. 7, Art. IV of the State Constitution. (5) By order of the Governor, upon recommendation of the commission, any elected municipal officer who violates any provision of this part or of s. 8, Art. II of the State Constitution may be suspended from office and the office fitted by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the Governor. The Senate may, in proceedings prescribed by taw, remove from office, or reinstate, the suspended official, and for such purpose the Senate may be convened in special session by its President or by a majority of its membership. (6) Any person who willfully discloses, or permits to be disclosed, his or her intention to rite a complaint, the existence or contents of a complaint which has been filed with the commission, or any document, action, or proceeding in connection with a confidential preliminary investigation of the commission, before such complaint, document, action, or proceeding becomes a public record as provided herein commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (7) In any case in which the commission finds probable cause to believe that a complainant has committed perjury in regard to any document filed with, or any testimony given before, the commission, it shat[ refer such evidence to the appropriate taw enforcement agency for prosecution and taxation of costs. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 317: flsenate.gov Page 3 of 3 (8) In any case in which the commission determines that a person has fi[ed a complaint against a public officer or employee with a malicious intent to injure the reputation of such officer or employee by filing the complaint with knowledge that the complaint contains one or more false aLLegations or with reck[ess disregard for whether the complaint contains false aLLegations of fact material to a violation of this part, the complainant shat[ be LiabLe for costs plus reasonable attorney's fees incurred in the defense of the person complained against, including the costs and reasonable attorney's fees incurred in proving entitlement to and the amount of costs and fees. If the complainant faits to pay such costs and fees voLuntariLy within 30 days fo[towing such finding by the commission, the commission shaLL forward such information to the Department of Legal Affairs, which shat[ bring a civil action in a court of competent jurisdiction to recover the amount of such costs and fees awarded by the commission. History.--s. 7, ch. 67-469; s. 1, ch. 70-144; s. 2, ch. 74-176; s. 8, ch. 74-177; s. 2, ch. 75-199; s. 7, ch. 75-208; s. 5, ch. 87.-98; s. 10, ch. 90-502; s. 10, ch. 91-85; s. 8, ch. 94-277; s. 1413, ch. 95-147; s. 1, ch. 95-354; s. 13, ch. 2000-151. Disclaimer: The information on this system is unverified. The joumats or printed biffs of the respective chambers shoutd be consutted for officia[ purposes. Copyright © 2000-2003 State of Ftodda. J~riyac_v Statement. http://www~~senate~g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3173: flsenate.gov Page 1 of 3 Select Year: The aoo3 Florida Statutes Tit;re X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.3173 Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits.-- (1) INTENT.--It is the intent of the Legislature to implement the provisions of s. 8(d), Art. II of the State Constitution. (2) DEFINITIONS.--As used in this section, unless the context otherwise requires, the term: (a) "Conviction" and "convicted" mean an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or of nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. (b) "Court" means any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. (c) "Public officer or employee" means an officer or employee of any public body, political subdivision, or public instrumentality within the state. (d) "Public retirement system" means any retirement system or plan to which the provisions of part VII of this chapter apply. (e) "Specified offense" means: 1. The committing, aiding, or abetting of an embezzlement of public funds; 2. The committing, aiding, or abetting of any theft by a public officer or employee from his or her employer; 3. Bribery in connection with the employment of a public officer or employee; 4. Any felony specified in chapter 838, except ss. J~38,15 and 838.16; 5. The committing of an impeachable offense; or 6. The committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which the public officer or employee acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position. {3) FORFEITURE.--Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit att rights and benefits under any public retirement system of which he or she is a member, except for the return http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3173: flsenate.gov Page 2 of 3 of his or her accumulated contributions as of the date of termination. (4) NOTICE.-- (a) The clerk of a court in which a proceeding involving a specified offense is being conducted against a public officer or employee shaLL furnish notice of the proceeding to the Commission on Ethics. Such notice is sufficient if it is in the form of a copy of the indictment, information, or other document containing the charges. In addition, if a verdict of guilty is returned by a jury or by the court trying the case without a jury, or a plea of guilty or of nolo contendere is entered in the court by the public officer or employee, the clerk shatL furnish a copy thereof to the Commission on Ethics. (b) The Secretary of the Senate shaLL furnish to the Commission on Ethics notice of any proceeding of impeachment being conducted by the Senate. In addition, if such trial results in conviction, the Secretary of the Senate shaLL furnish notice of the conviction to the commission. (c) The employer of any member whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense shall forward notice thereof to the commission. (d) The Commission on Ethics shatL forward any notice and any other document received by it pursuant to this subsection to the governing body of the public retirement system of which the public officer or employee is a member or from which the public officer or employee may be entitled to receive a benefit. When caLted on by the Commission on Ethics, the Department of Management Services shatL assist the commission in identifying the appropriate public retirement system. (5) FORFEITURE DETERMINATION.-- (a) Whenever the official or board responsible for paying benefits under a public retirement system receives notice pursuant to subsection (4), or otherwise has reason to believe that the rights and privileges of any person under such system are required to be forfeited under this section, such official or board shatL give notice and hold a hearing in accordance with chapter 120 for the purpose of determining whether such rights and privileges are required to be forfeited. If the officiat or board determines that such rights and privileges are required to be forfeited, the officiat or board shaLt order such rights and privileges forfeited. (b) Any order of forfeiture of retirement system rights and privileges is appeatabLe to the district court of appear. (c) The payment of retirement benefits ordered forfeited, except payments drawn from nonemptoyer contributions to the retiree's account, shaLL be stayed pending an appeal as to a felony conviction. If such conviction is reversed, no retirement benefits shaLt be forfeited. If such conviction is affirmed, retirement benefits shaLt be forfeited as ordered in this section. (d) If any person's rights and privileges under a public retirement system are forfeited pursuant to this section and that person has received benefits from the system in excess of his or her accumulated contributions, such person shaLt pay back to the system the amount of the benefits received in excess of his or her accumulated contributions. If he or she fails to pay back such amount, the official or board responsible for paying benefits pursuant to the retirement system or pension plan may bring an action in circuit court to recover such amount, plus court costs. (6) FORFEITURE NONEXCLUSIVE.-- (a) The forfeiture of retirement rights and privileges pursuant to this section is suppLementai to any other forfeiture requirements provided by Law. http://www,flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3173: flsenate.gov Page 3 of 3 (b) This section does not prectude or otherwise limit the Commission on Ethics in conducting under authority of other [aw an independent investigation of a complaint which it may receive against a pubtic officer or emptoyee involving a specified offense. History.--s. 14, ch. 84-266; s. 4, ch. 90-301; s. 44, ch. 92-279; s. 55, ch. 92-32.6; s. 22, ch. 94-249; s. 1414, ch. 95-147; s. 13, ch. 99-255. Disctaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of F[odda. privacy Statement. http://www.flsenate.gov/Statutes/index.c fm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3175: flsenate.gov Page 1 of 1 Select Year: The aoo3 Florida Statutes Tit_[e X ~hapter 112 PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: AND RECORDS GENERAL PROVISIONS 112.3175 Remedies; contracts voidable.-- (1) Any contract that has been executed in violation of this part is voidable: View Entire Chapter (a) By any party to the contract. (b) In any circuit court, by any appropriate action, by: 1. The commission. 2. The Attorney General. 3. Any citizen materially affected by the contract and residing in the jurisdiction represented by the officer or agency entering into such contract. (2) Any contract that has been executed in violation of this part is presumed void with respect to any former employee or former public official of a state agency and is voidable with respect to any private-sector third party who employs or retains in any capacity such former agency employee or former public official. History.--s. 8, ch. 75-208; s. 2, ch. 2001-266. Disclaimer: The information on this system is unverified. The jouma[s or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. ?dvacv Statement. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3185: flsenate.gov Page 1 of 2 Select Year: The o003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS 112.3185 Contractual services.-- Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter (1) For the purposes of this section: (a) "Contractual services" shall be defined as set forth in chapter 287. (b) "Agency" means any state officer, department, board, commission, or council of the executive or judicial branch of state government and inckudes the Public Service Commission. (2) No agency employee who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services shall become or be, white an agency employee, the employee of a person contracting with the agency by whom the employee is employed. (3) No agency employee shall, after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract in which the agency employee participated personally and substantially through decision, approval, disapprovaL, recommendation, rendering of advice, or investigation while an officer or employee. (4) No agency employee shall, within 2 years after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract for contractual services which was within his or her responsibility white an employee. (5) The sum of money paid to a former agency employee during the first year after the cessation of his or her responsibilities, by the agency with whom he or she was employed, for contractual services provided to the agency, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this subsection may be waived by the agency head for a particular contract if the agency head determines that such waiver wilt result in significant time or cost savings for the state. (6) No agency employee acting in an official capacity shat[ directly or indirectly procure contractual services for his or her own agency from any business entity of which a relative is an officer, partner, director, or proprietor or in which such officer or employee or his or her spouse or child, or any combination of them, has a material interest. (7) A violation of any provision of this section is punishable in accordance with s. 112.317. (8) This section is not applicable to any employee of the Public Service Commission who was so employed on or before December 31, 1994. History.--s. 6, ch. 82-196; s. 32, ch. 83-217; s. 2, ch. 90-268; s. 11, ch. 90-502; s. 9, ch. 94-277; s. 1415, ch. 95-147. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3185: flsenate.gov Page 2 of 2 DiscLaimer: The information on this system is unverified. The journals or printed biLLs of the respective chambers shouLd be consulted for official purposes. Copyright © 2.000-2003 State of FLorida. privacy Statement. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3187: flsenate.gov Page 2 of 3 (c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be fa[se. (5) NATURE OF INFORMATION DISCLOSED.--The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local taw, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare. (b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. (6) TO WHOM INFORJV~TION DISCLOSED.--The information disclosed under this section must be disclosed to any agency or federal government entity having the authority to investigate, po[ice, manage, or otherwise remedy the violation or act, including, but not limited to, the Office of the Chief Inspector GeneraL, an agency inspector genera[ or the employee designated as agency inspector general under s. ~(1 ) or inspectors genera[ under s. g0.055, the Florida Commission on Human Relations, and the whistle-blower's hot[ine created under s. !!2.3189. However, for disclosures concerning a local governmental entity, including any regional, county, or municipal entity, special district, community cortege district, or school district or any political subdivision of any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local offidat. (7) EMPLOYEES AND PERSONS PROTECTED.--This section protects employees and persons who disctose information on their own initiative in a written and signed comptaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; who refuse to participate in any adverse action prohibited by this section; or who initiate a comptaint through the whistle-btower's hottine or the hottine of the Medicaid Fraud Controt Unit of the Department of Legat Affairs; or emptoyees who file any written comptaint to their supervisory officials or emptoyees who submit a comptaint to the Chief Inspector Generat in the Executive Office of the Governor, to the emptoyee designated as agency inspector generat under s. 1..12_,..3.1~9(1 ), or to the Ftodda Commission on Human Relations. The provisions of this section may not be used by a person white he or she is under the care, custody, or control of the state correctionat system or, after release from the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under ss. 112.3187-112.31895 appUes to any person who has committed or intentionatty participated in committing the viotation or suspected viotation for which protection under ss. ! ! 2.3187-112.31895 is being sought. (8) REMEDIES.-- (a) Any employee of or applicant for employment with any state agency, as the term "state agency" is defined in s. 216.011, who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may rite a complaint, which complaint must be made in accordance with s. ! !2.31895. Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy available under s. J !;~.31895 or bring a civil action within 180 days after receipt of the notice. (b) Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. !20.65 to conduct hearings under this section. The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local http://www.flsenate, gov/Statutes/index.c fm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3187: flsenate.gov Page 3 of 3 governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of taw for a final decision by the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who flied the complaint may bring a civil action in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract, a local public employee may, within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction. For the purpose of this paragraph, the term "local governmental authority" includes any regional, county, or municipal entity, speda[ district, community cortege district, or school district or any political subdivision of any of the foregoing. (c) Any other person protected by this section may, after exhausting alt available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section. (9) RELIEF.--In any action brought under this section, the relief must include the following: (a) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief. (b) Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate. (c) Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action. (d) Payment of reasonable costs, including attorney's fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith. (e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction. (f) Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome on the complaint, if an employee complains of being discharged in retaliation for a protected disclosure and if a court of competent jurisdiction or the Florida Commission on Human Relations, as applicable under s. !12.31895, determines that the disclosure was not made in bad faith or for a wrongful purpose or occurred after an agency's initiation of a personnel action against the employee which includes documentation of the employee's violation of a disciplinary standard or performance deficiency. This paragraph does not apply to an employee of a municipaUty. (10) DEFENSES.--It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's or person's exercise of rights protected by this section. (11) EXISTING RIGHTS.--Sections ~-112.31895 do not diminish the rights, privileges, or remedies of an employee under any other law or rule or under any collective bargaining agreement or employment contract; however, the election of remedies in s. 447,401 also applies to whistle- blower actions. History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 86-233; s. 1, ch. 91-285; s. 12, ch. 92-316; s. 1, ch. 93-57; s. 702, ch. 95-147; s. 1, ch. 95-153; s. 15, ch. 96-410; s. 20, ch. 99-333; s. 2, ch. 2007-400. DiscLaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of F[odda. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3188: flsenate.gov Page 1 of 3 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 1112.3188 Confidentiality of information given to the Chief Inspector General, internal auditors, inspectors general, local chief executive officers, or other appropriate local officials.- (1) The name or identity of any individual who discloses in good faith to the Chief Inspector Genera[ or an agency inspector generat, a tocat chief executive officer, or other appropriate tocat official information that a[teges that an emptoyee or agent of an agency or independent contractor: (a) Has violated or is suspected of having viotated any federa[, state, or local taw, rule, or regulation, thereby creating and presenting a substantia[ and specific danger to the public's health, safety, or we[fare; or (b) Has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of pubtic funds, or gross negtect of duty may not be disclosed to anyone other than a member of the Chief Inspector General's, agency inspector general's, internal auditor's, [oca[ chief executive officer's, or other appropriate local official's staff without the written consent of the individual, unless the Chief Inspector Genera[, interna[ auditor, agency inspector generat, local chief executive officer, or other appropriate toca[ official determines that: the disclosure of the individual's identity is necessary to prevent a substantia[ and specific danger to the pubtic's health, safety, or welfare or to prevent the imminent commission of a clime; or the disclosure is unavoidabte and absotute[y necessary during the course of the audit, evaluation, or investigation. (2)(a) Except as specifically authorized by s..112.3189, ail information received by the Chief Inspector Generat or an agency inspector general or information produced or derived from fact- finding or other investigations conducted by the Florida Commission on Human Retations or the Department of Law Enforcement is confident[at and exempt from s. !!9,07(1) if the information is being received or derived from at[egations as set forth in paragraph (1)(a) or paragraph (1)(b), and an investigation is active. (b) Att information received by a local chief executive officer or appropriate toca[ official or information produced or derived from fact-finding or investigations conducted pursuant to the administrative procedure established by ordinance by a t0ca[ government as authorized by s. ! !2.3187(8)(b) is confidential and exempt from s. !!9,07(1 ) and s. 24(a), Art. I of the State Constitution, if the information is being received or derived from allegations as set forth in paragraph (1)(a) or paragraph (1)(b) and an investigation is active. (c) Information deemed confidentia[ under this section may be disclosed by the Chief Inspector General, agency inspector genera[, ioca[ chief executive officer, or other appropriate local official receiving the information if the recipient determines that the disclosure of the information is absotute[y necessary to prevent a substantial and specific danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime. Information disclosed under this subsection may be disclosed only to persons who are in a position to prevent the danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime based on the disclosed information. http://www~~senate~g~v/Statutes/index~cfm?p=2&App-m~de=Disp~ay-Statute&Search-St~~~ 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3188: flsenate.gov Page 2 of 3 1. An investigation is active under this section if: a. It is an ongoing investigation or inquiry or collection of information and evidence and is continuing with a reasonable, good faith anticipation of resolution in the foreseeable future; or b. Att or a portion of the matters under investigation or inquiry are active criminal intelligence information or active criminal investigative information as defined in s. ! 19.011. 2. Notwithstanding sub-subparagraph 1 .a., an investigation ceases to be active when: a. The written report required under s. 12.1!Z~J~(9) has been sent by the Chief Inspector General to the recipients named in s. ~(9); b. It is determined that an investigation is not necessary under s. ! !2.3189(5); or c. A final decision has been rendered by the local government or by the Division of Administrative Hearings pursuant to s. 112.3187(8)(b). 3. Notwithstanding paragraphs (a), (bi, and this paragraph, information or records received or produced under this section which are otherwise confidential under law or exempt from disclosure under chapter 119 retain their confidentiality or exemption. 4. Any person who willfully and knowingly discloses information or records made confidential under this subsection commits a misdemeanor of the first degree, punishable as provided in s. ZZS,._Q8Z or s. ZT_5,.Q8.3~. History.--s. 6, ch. 90-247; s. 1, ch. 91-150; s. 3, ch. 91-285; s. 2, ch. 93-57; s. 1, ch. 95-136; s. 2, ch. 95-153; s. 1, ch. 95-166; ss. 36, 37, ch. 96-406; s. 21, ch. 99-333. ~Note.--As amended by s. 1, ch. 95-166, s. 2, ch. 95-153, and s. 36, ch. 96-406; this version of paragraph (2)(a) was also amended by s. 21, ch. 99-333. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." This section was also amended by s. 1, ch. 95-136, and s. 37, ch. 96-406, and that version reads: 112.3188 Confidentiality of information given to the Chief Inspector General and agency inspectors general.-- (1) The identity of any individual who discloses in good faith to the Chief Inspector General or an agency inspector general information that alleges that an employee or agent of an agency or independent contractor has violated or is suspected of having violated any federal, state, or Local law, rule, or regulation, thereby creating and presenting a substantial and specific danger to the public's health, safety, or welfare or has committed or is suspected of having committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty is exempt from the provisions of s. lJ 9,07(1) and s. 24(a), Art. I of the State Constitution and shall not be disclosed to anyone other than a member of the Chief Inspector General's or agency inspector general's staff without the written consent of the individual, unless the Chief Inspector General or agency inspector general determines that: (a) The disclosure of the individual's identity is necessary to prevent a substantial and specific danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime, provided that such information is disclosed only to persons who are in a position to prevent the danger to the pub[ids health, safety, OF welfare or to pFevent the imminent commission of a crime; (bi The disclosure of the individual's identity is unavoidable and absolutely necessary during the http ://www.flsenate.gov/Statute s/index.cfm?P=2&App-m°de=Display-Statute& Search-St ' "~ 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3188: flsenate.gov Page 3 of 3 course of the inquiry or investigation; or (c) The disclosure of the individual's identity is authorized as a result of the individual consenting in writing to attach general comments signed by such individual to the final report required pursuant to s. 112.3189{6)(b). (2)(a) Except as specifically authorized by s. !!2.3189 and except as provided in subsection (1), att information received by the Chief Inspector General or an agency inspector general or information produced or derived from fact-finding or other investigations conducted by the Department of Legal Affairs, the Office of the Public Counsel, or the Department of Law Enforcement is confidential and exempt from the provisions of s. _!]_9~.QZ(1 ) and s. 24{a), Art. I of the State Constitution for an initial period of not more than 30 days during which time a determination is made whether an investigation is required pursuant to s. 112.3189(5)(a) and, if an investigation is determined to be required, un[it the investigation is closed or ceases to be active. For the purposes of this subsection, an investigation is active while such investigation is being conducted with a reasonable good faith belief that it may lead to the filing of administrative, civil, or criminal charges. An investigation does not cease to be active so long as the Chief Inspector General or the agency inspector general is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the Chief Inspector General or agency inspector general or other administrative or taw enforcement agency. Except for active criminal intelligence or criminal investigative information as defined in s. .]._19_,._0. !_L and except as otherwise provided in this section, alt information obtained pursuant to this subsection shall become available to the public when the investigation is closed or ceases to be active. An investigation is closed or ceases to be active when the final report required pursuant to s. J 12.3189(9) has been sent by the Chief Inspector General to the recipients specified in s. (b) Information deemed confidential under this subsection may be disclosed by the Chief Inspector General or agency inspector genera[ receiving the information if the Chief Inspector General or agency inspector general determines that the disclosure of the information is absolutely necessary to prevent a substantial and specific danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime, and such information may be disclosed only to persons who are in a position to prevent the danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime based on the disclosed information. (3) Information or records obtained under this section which are otherwise confidential under law or exempt from disclosure shall retain their confidentiality or exemption. (4) Any person who willfully and knowingly discloses information or records made confidential under this section commits a misdemeanor of the first degree, punishable as provided in s. 7Z.5,Q!12 or s. 775.083. Disclaimer: The information on this system is unverified, lhe journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3189: flsenate.gov Page 1 of 4 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3189 Investigative procedures upon receipt of whistle-blower information from certain state employees.-- (1) This section only applies to the disclosure of information as described in s. !.!.g~..;lLg_7_(5) by an employee or former employee of, or an applicant for employment with, a state agency, as the term "state agency" is defined in s. 216.011, to the Office of the Chief Inspector Genera[ of the Executive Office of the Governor or to the agency inspector general. If an agency does not have an inspector general, the head of the state agency, as defined in s. 216.011_, shall designate an employee to receive information described in s. ~I!_;L.3J..~Z(5). For purposes of this section and s. 112,3188 only, the employee designated by the head of the state agency shat[ be deemed an agency inspector general. (2) To facilitate the receipt of information described in subsection (1), the Chief Inspector General shat[ maintain an in-state toll-free whist[e-blower's ho[tine and shat[ circulate among the various state agencies an advisory for att employees which indicates the existence of the to[t-free number and its purpose and provides an address to which written whistle-blower information may be forwarded. (3) When a person alleges information described in s. !.!g..3j~!Z(5), the Chief Inspector General or agency inspector general actually receiving such information shaft within 20 days of receiving such information determine: (a) Whether the information disclosed is the type of information described in s. !12.3187(5). (b) Whether the source of the information is a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. ~ (c) Whether the information actually disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, or regulation, thereby creating and presenting a substantial and specific danger to the pub[ids health, safety, or we[fare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty. (4) If the Chief Inspector Genera[ or agency inspector general under subsection (3) determines that the information disclosed is not the type of information described in s..1.!.Z~$_!.~JZ(5), or that the source of the information is not a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. 216.011, or that the information disclosed does not demonstrate reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local taw, rule, or regulation, thereby creating and presenting a substantial and specific danger to the public's health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty, the Chief Inspector Genera[ or agency inspector general shat[ notify the complainant of such fact and copy and return, upon request of the complainant, any documents and other materials that were provided by the complainant. (5)(a) If the Chief Inspector General or agency inspector genera[ under subsection (3) determines that the information disclosed is the type of information described in s. !_1._2..~3_!.~1.7_(5), that the http://www.flsenate.gov/Statute s/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3189: flsenate.gov Page 2 of 4 source of the information is from a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. lZ!~031, and that the information disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federaL, state, or Local taw, rule, or regulation, thereby creating a substantial and specific danger to the public's health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty, the Chief Inspector General or agency inspector general making such determination shat[ then conduct an investigation, unless the Chief Inspector General or the agency inspector general determines, within 30 days after receiving the allegations from the complainant, that such investigation is unnecessary. For purposes of this subsection, the Chief Inspector General or the agency inspector general shall consider the following factors, but is not limited to only the foLLowing factors, when deciding whether the investigation is not necessary: 1. The gravity of the disclosed information compared to the time and expense of an investigation. 2. The potential for an investigation to yield recommendations that will make state government more efficient and effective. 3. The benefit to state government to have a final report on the disclosed information. 4. Whether the aLLeged whistLe-Mower information primarily concerns personnel practices that may be investigated under chapter 110. 5. Whether another agency may be conducting an investigation and whether any investigation under this section could be duplicative. 6. The time that has elapsed between the aLLeged event and the disclosure of the information. (b) If the Chief Inspector General or agency inspector general determines under paragraph (a) that an investigation is not necessary, the Chief Inspector General or agency inspector genera[ making such determination shall: 1. Copy and return, upon request of the complainant, any documents and other materials provided by the individual who made the disclosure. 2. Inform in writing the head of the state agency for the agency inspector general making the determination that the investigation is not necessary and the individual who made the disclosure of the specific reasons why an investigation is not necessary and why the disclosure wilt not be further acted on under this section. (6) The agency inspector general may conduct an investigation pursuant to paragraph (5)(a) only if the person transmitting information to the agency inspector general is an employee or former employee of, or an applicant for employment with, the agency inspector general's agency. The agency inspector general shall: (a) Conduct an investigation with respect to the information and any related matters. (b) Submit to the complainant and the Chief Inspector GeneraL, within 60 days after the date on which a determination to conduct an investigation is made under paragraph (5)(a), a final written report that sets forth the agency inspector generaL's findings, conclusions, and recommendations, except as provided under subsection {11 ). The complainant shaLL be advised in writing by the agency head that the complainant may submit to the Chief Inspector General and agency inspector general comments on the final report within 20 days of the date of the report and that such comments wilt be attached to the final report. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3189: flsenate.gov Page 3 of 4 (7) If the Chief Inspector General decides an investigation should be conducted pursuant to paragraph (5)(a), the Chief Inspector General shall either: (a) Promptly transmit to the appropriate head of the state agency the information with respect to which the determination to conduct an investigation was made, and such agency head shall conduct an investigation and submit to the Chief Inspector General a final written report that sets forth the agency head's findings, conclusions, and recommendations; or (b)l. Conduct an investigation with respect to the information and any related matters; and 2. Submit to the complainant within 60 days after the date on which a determination to conduct an investigation is made under paragraph (5){a), a final written report that sets forth the Chief Inspector General's findings, conclusions, and recommendations, except as provided under subsection (11 ). The complainant shall be advised in writing by the Chief Inspector General that the complainant may submit to the Chief Inspector General comments on the final report within 20 days of the date of the report and that such comments wilt be attached to the final report. (c) The Chief Inspector General may require an agency head to conduct an investigation under paragraph (a) only if the information was transmitted to the Chief Inspector General by: 1. An employee or former employee of, or an applicant for employment with, the agency that the information concerns; or 2. An employee who obtained the information in connection with the performance of the employee's duties and responsibilities. (8) Final reports required under this section must be reviewed and signed by the person responsible for conducting the investigation (agency inspector general, agency head, or Chief Inspector General) and must include: (a) A summary of the information with respect to which the investigation was initiated. (b) A description of the conduct of the investigation. (c) A summary of any evidence obtained from the investigation. (d) A listing of any violation or apparent violation of any taw, rule, or regulation. (e) A description of any action taken or planned as a result of the investigation, such as: 1. A change in an agency rule, regulation, or practice. 2. The restoration of an aggrieved employee. 3. A disciplinary action against an employee. 4. The referral to the Department of Law Enforcement of any evidence of a criminal violation. (9)(a) A report required of the agency head under paragraph (7)(a) shall be submitted to the Chief Inspector General and the complainant within 60 days after the agency head receives the complaint from the Chief Inspector General, except as provided under subsection (11). lhe complainant shall be advised in writing by the agency head that the complainant may submit to the Chief Inspector General comments on the report within 10 days of the date of the report and that such comments wit[ be attached to the final report. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes >>2003->Ch0112->Section 3189: flsenate.gov Page 4 of 4 (b) Upon receiving a final report required under this section, the Chief Inspector Genera[ shat[ review the report and determine whether the report contains the information required by subsection (8). If the report does not contain the information required by subsection (8), the Chief Inspector Genera[ shat[ determine why and note the reasons on an addendum to the fina[ report. (c) The Chief Inspector Genera[ shall transmit any final report under this section, any comments provided by the complainant, and any appropriate comments or recommendations by the Chief Inspector Genera[ to the Governor, to the Joint Legislative Auditing Committee, to the investigating agency, and to the Chief Financial Officer. (d) If the Chief Inspector General does not receive the report of the agency head within the time prescribed in paragraph (a), the Chief Inspector General may conduct the investigation in accordance with paragraph (7)(b) or request that another agency inspector genera[ conduct the investigation in accordance with subsection (6) and shall report the complaint to the Governor, to the Joint Legislative Auditing Committee, and to the investigating agency, together with a statement noting the failure of the agency head to file the required report. (10) For any time period set forth in subsections (3), (6), (7), and (9), such time period may be extended in writing by the Chief Inspector Genera[ for good cause shown. (11) If an investigation under this section produces evidence of a criminal violation, the report shat[ not be transmitted to the complainant, and the agency head or agency inspector genera[ shall notify the Chief Inspector Genera[ and the Department of Law Enforcement. History.--s. 13, ch. 92-316; s. 3, ch. 93-57; s. 129, ch. 2003-261. Disclaimer: The information on this system is unverified. The journals or printed bitts of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. Privacy Statement. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Di?lay_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 31895: flsenate.gov Page 1 of 4 Select Year: The aoo3 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Chapter 112.31895 Investigative procedures in response to prohibited personnel actions.-- (1)(a) If a disclosure under s. 1.~.Z,.~.!_8_7 includes or results in alleged retaliation by an employer, the employee or former employee of, or applicant for employment with, a state agency, as defined in s. _216.01 !, that is so affected may rite a complaint alleging a prohibited personnel action, which complaint must be made by filing a written complaint with the Office of the Chief Inspector General in the Executive Office of the Governor or the FLorida Commission on Human Relations, no tater than 60 days after the prohibited personnel action. (b) Within three working days after receiving a complaint under this section, the office or officer receiving the complaint shat[ acknowledge receipt of the complaint and provide copies of the complaint and any other preliminary information avaiLabLe concerning the disclosure of information under s. 112.3187 to each of the other parties named in paragraph (a), which parties shaft each acknowledge receipt of such copies to the complainant. (2) FACT FINDING.--The Florida Commission on Human ReLations shall: (a) Receive any aLLegation of a personnel action prohibited by s. ~, including a proposed or potential action, and conduct informal fact finding regarding any allegation under this section, to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel action under s. ~13_Z:3_! ~.7_ has occurred, is occurring, or is to be taken. (b) Notify the complainant, within 15 days after receiving a complaint, that the complaint has been received by the department. (c) Within 90 days after receiving the complaint, provide the agency head and the complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The fact-finding report shaft be presumed admissible in any subsequent or related administrative or judicial review. (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.-- (a) The Florida Commission on Human Relations, in accordance with this act and for the sole purpose of this act, is empowered to: 1. Receive and investigate complaints from employees atieging retatiation by state agencies, as the term "state agency" is defined in s. 2!§,011, 2. Protect employees and applicants for emptoyment with such agencies from prohibited personnel practices under s. ~ 3. Petition for stays and petition for corrective actions, including, but not limited to, temporary reinstatement. 4. Recommend disciplinary proceedings pursuant to investigation and appropriate agency rules and procedures. http ://www~flsenate~g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St~~~ 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 31895: flsenate.gov Page 2 of 4 5. Coordinate with the Chief Inspector Genera[ in the Executive Office of the Governor and the Florida Commission on Human Retations to receive, review, and forward to appropriate agencies, [egistative entities, or the Department of Law Enforcement disctosures of a viotation of any taw, rule, or regulation, or disclosures of gross mismanagement, matfeasance, misfeasance, nonfeasance, negtect of duty, or gross waste of pubtic funds. 6. Review rutes pertaining to personnel matters issued or proposed by the Department of /~anagement Services, the Public Employees Re[at[ohs Commission, and other agencies, and, if the Florida Commission on Human Retations finds that any rule or proposed rule, on its face or as imptemented, requires the commission of a prohibited personnet practice, provide a written comment to the appropriate agency. 7. Investigate, request assistance from other governmentat entities, and, if appropriate, bring actions concerning, attegations of retaliation by state agencies under subparagraph 1. 8. Administer oaths, examine witnesses, take statements, issue subpoenas, order the taking of depositions, order responses to written interrogatories, and make appropriate motions to timit discovery, pursuant to investigations under subparagraph 1. 9. Intervene or otherwise participate, as a matter of right, in any appear or other proceeding arising under this section before the Pubtic Emptoyees Retations Commission or any other appropriate agency, except that the Ftorida Commission on Human Re[at[ohs must compty with the rutes of the commission or other agency and may not seek corrective action or intervene in an appear or other proceeding without the consent of the person protected under ss. !...l_g~..3_.!~tZ- 112.31895. 10. Conduct an investigation, in the absence of an attegation, to determine whether reasonabte grounds exist to betieve that a prohibited action or a pattern of prohibited action has occurred, is occurring, or is to be taken. (b) Within 15 days after receiving a complaint that a person has been discharged from emptoyment attegedty for disctosing protected information under s. 11~.2~Z, the Ftodda Commission on Human Retations shat[ review the information and determine whether temporary reinstatement is appropriate under s. !.._1. Z,_~.187.(9)(f). if the Ftorida Commission on Human Retations so determines, it shat[ apply for an expedited order from the appropriate agency or circuit court for the immediate reinstatement of the emptoyee who has been discharged subsequent to the disctosure made under s. 2Lt~32~Z, pending the issuance of the finat order on the comptaint. (c) The Ftodda Commission on Human Retations shat[ notify a comptainant of the status of the investigation and any action taken at such times as the commission considers appropriate. {d) If the Ftorida Commission on Human Retations is unabte to concitiate a comptaint within 60 days after receipt of the fact-finding report, the Ftorida Commission on Human Relations shaft terminate the investigation. Upon termination of any investigation, the Ftorida Commission on Human Retations shat[ notify the complainant and the agency head of the termination of the investigation, providing a summary of retevant facts found during the investigation and the reasons for terminating the investigation. A written statement under this paragraph is presumed admissibte as evidence in any iud[cia[ or administrative proceeding but is not admissibte without the consent of the comptainant. (e)l. The Ftorida Commission on Human Relations may request an agency or circuit court to order a stay, on such terms as the court requires, of any personnet action for 45 days if the Ftorida Commission on Human Relations determines that reasonable grounds exist to bet[eve that a prohibited personnet action has occurred, is occurring, or is to be taken. The Ftorida Commission on Human Retations may request that such stay be extended for appropriate periods of time. http ://www.flsenate.gov/Statute s/indeX.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 31895: flsenate.gov Page 3 of 4 2. If, in connection with any investigation, the Florida Commission on Human Relations determines that reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken which requires corrective action, the Florida Commission on Human Relations shat[ report the determination together with any findings or recommendations to the agency head and may report that determination and those findings and recommendations to the Governor and the Chief Financial Officer. The Florida Commission on Human Relations may include in the report recommendations for corrective action to be taken. 3. If, after 20 days, the agency does not implement the recommended action, the Florida Commission on Human Relations shall terminate the investigation and notify the complainant of the right to appeal under subsection (4), or may petition the agency for corrective action under this subsection. 4. If the Florida Commission on Human Relations finds, in consultation with the individual subject to the prohibited action, that the agency has implemented the corrective action, the commission shat[ rite such finding with the agency head, together with any written comments that the individual provides, and terminate the investigation. (f) If the Florida Commission on Human Relations finds that there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring, or is to be taken, the commission shall terminate the investigation. (g)l. If, in connection with any investigation under this section, it is determined that reasonable grounds exist to bet[eve that a criminal violation has occurred which has not been previously reported, the Florida Commission on Human Relations shat[ report this determination to the Department of Law Enforcement and to the state attorney having jurisdiction over the matter. 2. If an alleged criminal violation has been reported, the Florida Commission on Human Relations shall confer with the Department of Law Enforcement and the state attorney before proceeding with the investigation of the prohibited personnel action and may defer the investigation pending completion of the criminal investigation and proceedings. The Florida Commission on Human Relations shall inform the complainant of the decision to defer the investigation and, if appropriate, of the confidentiality of the investigation. (h) If, in connection with any investigation under this section, the Florida Commission on Human Relations determines that reasonable grounds exist to believe that a violation of a [aw, rule, or regulation has occurred, other than a criminal violation or a prohibited action under this section, the commission may report such violation to the head of the agency involved. Within 30 days after the agency receives the report, the agency head shall provide to the commission a certification that states that the head of the agency has personally reviewed the report and indicates what action has been or is to be taken and when the action will be completed. (i) During any investigation under this section, disciplinary action may not be taken against any employee of a state agency, as the term "state agency" is defined in s. _216.011, for reporting an alleged prohibited personnel action that is under investigation, or for reporting any related activity, or against any employee for participating in an investigation without notifying the Florida Commission on Human Relations. (j) The Florida Commission on Human Relations may also petition for an award of reasonable attorney's fees and expenses from a state agency, as the term "state agency" is defined in s. 216.011. pursuant to s. 112.~(9). (4) RIGHT TO APPEAL.-- (a) Not more than 60 days after receipt of a notice of termination of the investigation from the Florida Commission on Human Relations, the complainant may fi[e, with the Public Employees http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de--Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 31895: flsenate.gov Page 4 of 4 Relations Commission, a complaint against the employer-agency regarding the alleged prohibited personnel action. The Public Employees Relations Commission shat[ have jurisdiction over such complaints under ss. ~ and _44.7.503(4) and (5). (b) Judicial review of any final order of the commission shat[ be as provided in s. ~ Htstory.--s. 14, ch. 92-316; s. 4, ch. 93-57; s. 703, ch. 95-147; s. 22, ch. 99-333; s. 130, ch. 2003- 261. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. privacy Statement. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3191: flsenate.gov Page 1 of 1 Select Year: The 0003 Florida Statutes T~[e_ X PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter_ AND RECORDS GENERAL PROVISIONS 112.3191 Short title.--This act sha[t be known and cited as "The John J. Savage Memorial Act of 1974." Hlstory.--s. 1, ch. 74-176. Disctaimer: The information on this system is unverified. The journats or printed biffs of the respective chambers shoutd be consutted for officiat purposes. Copyright © 2000-2003 State of Ftorida. ~r vacv Statement. http://www.~senate.g~v/Statutes/index.cfm?p~2&A~p-m~de~Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 320: flsenate.gov Page 1 of 1 Select Year: The o003 Florida Statutes TitteX~ Chapter 112 PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EIVlPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.320 Commission on Ethics; purpose.--There is created a Commission on Ethics, the purpose of which is to serve as guardian of the standards of conduct for the officers and employees of the state, and of a county, city, or other po[iticat subdivision of the state, as defined in this part, and to serve as the independent commission provided for in s. 8(f), Art. II of the State Constitution. History.--s. 2, ch. 74-176; s. 11, ch. 91-85. D~sctaimer: The information on this system is unverified. The joumats or printed bills of the respective chambers shoutd be consulted for offidal purposes. Copyd~,ht © 2000-2003 State of Florida. ~£ ~;y~ ~;¢t;e~_~t~t.. http://www.f~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 321: flsenate.gov Page 1 of 1 Select Year: The aoo3 Florida Statutes Titte X ~hapter11Z PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: ~;hapter AND RECORDS GENERAL PROVISIONS 117.321 AAembership, terms; travel expenses; staff.-- (1) The commission shaft be composed of nine members. Five of these members shat[ be appointed by the Governor, no more than three of whom shall be from the same poLiticaL party, subject to confirmation by the Senate. One member appointed by the Governor shat[ be a former city or county official and may be a former member of a Local piannin8 or zoning board which has only advisory duties. Two members shat[ be appointed by the Speaker of the House of Representatives, and two members shall be appointed by the President of the Senate. Neither the Speaker of the House of Representatives nor the President of the Senate shat[ appoint more than one member from the same political party. Of the nine members of the Commission, no more than five members shall be from the same poLiticaL party at any one time. No member may hold any public employment. Att members shaLL serve 2-year terms. No member shat[ serve more than two fuLL terms in succession. Any member of the commission may be removed for cause by majority vote of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court. {2) lhe members of the commission shaLL elect a chair from their number, who shaLL serve for a 1- year term and may not succeed himseff or herself as chair. {3) Members of the commission shat[ receive no salary but shat[ receive travel and per diem as provided in s. {4) In accordance with the uniform personneL, job classification, and pay plan adopted with the approval of the President of the Senate and the Speaker of the House of Representatives and administered by the Office of LegisLative Services, the commission shaLL employ an executive director and shat[ provide the executive director with necessary office space, assistants, and secretaries. Within the above uniform plan, decisions relating to hiring, promotion, demotion, and termination of commission employees shat[ be made by the commission or, if so delegated by the commission, by its executive director. History.--s. 2, ch. 74-176; s. 3, ch. 75-199; s. 6, ch. 82-98; s. 1, ch. 86-148; s. 3, ch. 88-29; s. 2., ch. 91-49; s. 704, ch. 95-147; s. 24, ch. 98-136; s. 6, ch. 2000-?.43. DiscLaimer: The information on this system is unverified. The journals or printed biLLs of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of FLorida. Erjy~cy.St~,emea~L http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3213: flsenate.gov Page 1 of 1 Select Year: The 2003 Florida Statutes _Title X PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: _Chapter AND RECORDS GENERAL PROVISIONS 112.3213 Legislative intent and purpose.--The LegisLature finds that the operation of open and responsible government requires the fullest opportunity to be afforded to the people to petition their government for the redress of grievances and to express freely their opinions on executive branch action. Further, the Legislature finds that preservation of the integrity of the governmental decisionmaking process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process and to better inform citizens of the efforts to influence executive branch action, the Legisiature finds it necessary to require the public disctosure of the identity, expenditures, and activities of certain persons who attempt to influence actions of the executive branch in the areas of policy and procurement. History.--s. 5, ch. 93-121. DiscLaimer: The information on thLs system ~s unverified. The journals or printed biLLs of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of FLorida. http://www,flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3215: flsenate.gov Page 1 of 5 Select Year: The aoo3 Florida Statutes Ti(re x PUBLIC OFFICERS, EMPLOYEES, AND RECORDS _Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3215 Lobbyists before the executive branch or the Constitution Revision Commission; registration and reporting; investigation by commission.-- (1) For the purposes of this section: (a) "Agency" means the Governor, Governor and Cabinet, or any department, division, bureau, board, commission, or authority of the executive branch. In addition, "agency" shait mean the Constitution Revision Commission as provided by s. 2, Art. XI of the State Constitution. (b) "Expenditure" means a payment, distribution, roan, advance, reimbursement, deposit, or anything of vatue made by a lobbyist or prindpat for the purpose of tobbying. (c) "Fund" means the Executive Branch Lobby Registration Trust Fund. (d) "Lobbies" means seeking, on behalf of another person, to influence an agency with respect to a decision of the agency in the area of policy or procurement or an attempt to obtain the goodwilt of an agency official or employee. "Lobbies" also means influencing or attempting to influence, on behatf of another, the Constitution Revision Commission's action or nonaction through orat or written communication or an attempt to obtain the goodwitt of a member or employee of the Constitution Revision Commission. (e) "Lobbyist" means a person who is emptoyed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally emptoyed for governmentat affairs by another person or governmental entity to lobby on behatf of that other person or governmentat entity. "Lobbyist" does not inctude a person who is: 1. An attorney, or any person, who represents a client in a judiciat proceeding or in a format administrative proceeding conducted pursuant to chapter 120 or any other format hearing before an agency, board, commission, or authority of this state. 2. An employee of an agency or of a tegistative or judiciat branch entity acting in the normat course of his or her duties. 3. A confidential informant who is providing, or wishes to provide, confidentiat information to be used for taw enforcement purposes. 4. A person who tobbies to procure a contract pursuant to chapter 287 which contract is tess than the threshotd for CATEGORY ONE as provided in s. ~.87,017(1)(a). (f) "Principat" means the person, firm, corporation, or other entity which has emptoyed or retained a tobbyist. (2) The Executive Branch Lobby Registration Trust Fund is hereby created within the commission to be used for the purpose of funding any office established to administer the registration of tobbyists lobbying an agency, including the payment of salaries and other expenses. The trust fund is not subject to the service charge to General Revenue provisions of chapter 215. Att annuat http ://www.flsenate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3215: flsenate.gov Page 2 of 5 registration fees collected pursuant to this section shall be deposited into such fund. (3) A person may not lobby an agency until such person has registered as a lobbyist with the commission. Such registration shall be due upon initially being retained to lobby and is renewable on a calendar year basis thereafter. Upon registration the person shall provide a statement signed by the principal or principal's representative that the registrant is authorized to represent the principal. The registration shat[ require the lobbyist to disclose, under oath, the fo[towing information: (a) Name and business address; (b) The name and business address of each principal represented; (c) His or her area of interest; (d) The agencies before which he or she wit[ appear; and (e) The existence of any direct or indirect business association, partnership, or financial relationship with any employee of an agency with which he or she lobbies, or intends to lobby, as disclosed in the registration. (4) The annual lobbyist registration fee shaft be set by the commission by rule, not to exceed $40 for each principal represented. (5)(a) A registered lobbyist must also submit to the commission, biannually, a signed expenditure report summarizing att lobbying expenditures by the lobbyist and the principal for each 6-month period during any portion of which the lobbyist is registered. Att expenditures made by the lobbyist and the principal for the purpose of lobbying must be reported. Reporting of expenditures shall be on an accrual basis. The report of such expenditures must identify whether the expenditure was made directly by the lobbyist, directly by the principal, initiated or expended by the lobbyist and paid for by the principal, or initiated or expended by the principal and paid for by the lobbyist, lhe principal is responsible for the accuracy of the expenditures reported as lobbying expenditures made by the pdndpat. The lobbyist is responsible for the accuracy of the expenditures reported as lobbying expenditures made by the lobbyist. Expenditures made must be reported by the category of the expenditure, including, but not limited to, the categories of food and beverages, entertainment, research, communication, media advertising, publications, travel, and lodging. Lobby expenditures do not include a lobbyist's or principal's salary, office expenses, and personal expenses for lodging, meats, and travel. (b) A prindpai who is represented by two or more lobbyists shall designate one lobbyist whose expenditure report shaft include att lobbying expenditures made directly by the principal and those expenditures of the designated lobbyist on behalf of that principal as required by paragraph (a). All other lobbyists registered to represent that principal shall rite a report pursuant to paragraph (a). The report of lobbying expenditures by the principal shaft be made pursuant to the requirements of paragraph (a). The principal is responsible for the accuracy of figures reported by the designated lobbyist as lobbying expenditures made directly by the principal The designated lobbyist is responsible for the accuracy of the figures reported as lobbying expenditures made by that lobbyist. (c) For each reporting period the commission shaft aggregate the expenditures of att lobbyists for a principal represented by more than one lobbyist. Further, the commission shall aggregate figures that provide a cumulative total of expenditures reported as spent by and on behalf of each principal for the calendar year. (d) The reporting statements shaft be filed no tater than 45 days after the end of each reporting period and shaft include the expenditures for the period from January 1 through June 30, and July http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3215: flsenate.gov Page 3 of 5 1 through December 31, respectively. (e) Reports shall be filed not Later than 5 p.m. of the report due date. However, any report that is postmarked by the United States Postal Service no Later than midnight of the due date shall be deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States Postal Service at the time of the mailing, or a receipt from an established courier company which bears a date on or before the due date, shall be proof of mailing in a timely manner. (f) The commission shat[ provide by rule a procedure by which a Lobbyist who faiLs to timely file a report shall be notified and assessed fines. The rule shat[ provide for the following: 1. Upon determining that the report is [ate, the person designated to review the timeliness of reports shall immediately notify the lobbyist as to the failure to timely rite the report and that a fine is being assessed for each late day. The fine shall be $50 per day per report for each late day up to a maximum of $5,000 per late report. 2. upon receipt of the report, the person designated to review the timeliness of reports shall determine the amount of the fine due based upon the earliest of the following: a. When a report is actually received by the lobbyist registration and reporting office. b. When the report is postmarked. c. When the certificate of ma[ting is dated. d. When the receipt from an established courier company is dated. 3. Such fine shat[ be paid within 30 days after the notice of payment due is transmitted by the Lobbyist Registration Office, unless appeal is made to the commission. The moneys shall be deposited into the Executive Branch Lobby Registration Trust Fund. 4. A fine shat[ not be assessed against a lobbyist the first time any reports for which the lobbyist is responsible are not timely filed. However, to receive the one-time fine waiver, att reports for which the lobbyist is responsible must be filed within 30 days after the notice that any reports have not been timely filed is transmitted by the Lobbyist Registration Office. A fine shall be assessed for any subsequent tale-filed reports. 5. Any lobbyist may appeal or dispute a fine, based upon unusual circumstances surrounding the failure to rite on the designated due date, and may request and shall be entitled to a hearing before the commission, which shall have the authority to waive the fine in whole or in part for good cause shown. Any such request shall be made within 30 days after the notice of payment due is transmitted by the Lobbyist Registration Office. In such case, the Lobbyist shall, within the 30- day period, notify the person designated to review the timeliness of reports in writing of his or her intention to bring the matter before the commission. 6. The person designated to review the timeliness of reports shaft notify the commission of the failure of a lobbyist to rite a report after notice or of the failure of a lobbyist to pay the fine imposed. 7. Notwithstanding any provision of chapter 120, any fine imposed under this subsection that is not waived by final order of the commission and that remains unpaid more than 60 days after the notice of payment due or more than 60 days after the commission renders a final order on the lobbyist's appeal shall be collected by the Department of Financial Services as a claim, debt, or other obligation owed to the state, and the department may assign the collection of such fine to a http ://www.flsenate.gov/Statutes/index.c fm?p=2&App_mode_-Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3215: flsenate.gov Page 4 of 5 collection agent as provided in s. 17.20. (g) The commission shall adopt a rule which allows reporting statements to be fi[ed by electronic means, when feasible. (h) Each lobbyist and each principal shaft preserve for a period of 4 years att accounts, bit[s, receipts, computer records, books, papers, and other documents and records necessary to substantiate lobbying expenditures. Any documents and records retained pursuant to this section may be inspected under reasonable circumstances by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (6) A lobbyist shat[ promptly send a written statement to the commission canceling the registration for a principal upon termination of the lobbyist's representation of that principal. Notwithstanding this requirement, the commission may remove the name of a lobbyist from the list of registered lobbyists if the principal notifies the office that a person is no longer authorized to represent that principal. Each lobbyist is responsible for filing an expenditure report for each period during any portion of which he or she was registered, and each principal is responsible for seeing that an expenditure report is filed for each period during any portion of which the principal was represented by a registered lobbyist. (7) The commission shall investigate every sworn complaint that is fi[ed with it alleging that a person covered by this section has failed to register, has failed to submit an expenditure report, or has knowingly submitted false information in any report or registration required in this section. Att proceedings, the complaint, and other records relating to the investigation are confidential and exempt from the provisions of s. 119.07(1 ) and s. 24(a), Art. I of the State Constitution, and any meetings held pursuant to an investigation are exempt from the provisions of s. Z.~]6~0JJ..(1 ) and s. 24(b), Art. I of the State Constitution either until the alleged violator requests in writing that such investigation and associated records and meetings be made public or until the commission determines, based on the investigation, whether probable cause exists to believe that a violation has occurred. (8) If the commission finds no probable cause to believe that a violation of this section occurred, it shall dismiss the complaint, whereupon the complaint, together with a written statement of the findings of the investigation and a summary of the facts, shat[ become a matter of public record, and the commission shat[ send a copy of the complaint, findings, and summary to the complainant and the alleged violator. If the commission finds probable cause to believe that a violation occurred, it shat[ report the results of its investigation to the Governor and Cabinet and send a copy of the report to the alleged violator by certified mai[. Such notification and att documents made or received in the disposition of the complaint shat[ then become public records. Upon request submitted to the Governor and Cabinet in writing, any person whom the commission finds probable cause to believe has violated any provision of this section shall be entitled to a public hearing. Such person shat[ be deemed to have waived the right to a public hearing if the request is not received within 14 days fo[lowing the mailing of the probable cause notification. However, the Governor and Cabinet may on its own motion require a public hearing and may conduct such further investigation as it deems necessary. (o) If the Governor and Cabinet finds that a violation occurred, it may reprimand the violator, censure the violator, or prohibit the violator from lobbying att agencies for a period not to exceed 2 years. (10) Any person, when in doubt about the applicability and interpretation of this section to himself or herself in a particular context, may submit in writing the facts of the situation to the commission with a request for an advisory opinion to establish the standard of duty. An advisory opinion shall be rendered by the commission and, until amended or revoked, shat[ be binding on the conduct of the person who sought the opinion, un[ess material facts were omitted or misstated in the request. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3215: flsenate.gov Page 5 of 5 (11) Agencies shall be diligent to ascertain whether persons required to register pursuant to this section have complied. An agency may not knowingly permit a person who is not registered pursuant to this section to lobby the agency. (12) Upon discovery of violations of this section an agency or any person may file a sworn complaint with the commission. (13) The commission shatl adopt rules to administer this section, which shall prescribe forms for registration and expenditure reports, procedures for registration, and procedures that will prevent disclosure of information that is confidential as provided in this section. History.--s. 2, ch. 89-325; s. 3, ch. 90-268; s. 29, ch. 90-360; s. 5, ch. 91-292; s. 2, ch. 92-35; s. 6, ch. 93-121; s. 705, ch. 95-147; s. 1, ch. 95-357; s. 2, ch. 96-203; s. 38, ch. 96-406; s. 1, ch. 97-12; s. 2, ch. 2000-232; s. 131, ch. 2003-261. Disclaimer: The information on this system is unverified. The journals or printed bit[s of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Ftodda. ~_r..i..v_~£y_~;~;e.~n_J;. http ://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St ... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3217: flsenate.gov Page 1 of 1 Select Year: The aoo3 Florida Statutes Title X Chapter 112 PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: AND RECORDS GENERAL PROVISIONS 112.3217 Contingency fees; prohibitions; penalties.-- View Entire Chapter (1) "Contingency fee" means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent or in any way contingent on the enactment, defeat, modification, or other outcome of any specific executive branch action. (2) No person may, in whole or in part, pay, give, or receive, or agree to pay, give, or receive, a contingency fee. However, this subsection does not apply to claims bills. (3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, If such person is a lobbyist, the lobbyist shall forfeit any fee, bonus, commission, or profit received in violation of this section and is subject to the penalties set forth in s. 112.3215. When the fee, bonus, commission, or profit is nonmonetary, the fair market value of the benefit shall be used in determining the amount to be forfeited. All forfeited benefits shall be deposited into the Executive Branch Lobby Registration Trust Fund. (4) Nothing in this section may be construed to prohibit any salesperson engaging in legitimate state business on behatf of a company from receiving compensation or commission as part of a bona fide contractuat arrangement with that company. History.--s. 7, ch. 93-121; s. 9, ch. 2000-336. D~sc[aimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 322: flsenate.gov Page 1 of 2 Select Year: The oo3 Florida Statutes TiUe X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.322 Duties and powers of commission.-- (1) It is the duty of the Commission on Ethics to receive and investigate sworn complaints of violation of the code of ethics as estabUshed in this part and of any other breach of the public trust, as provided in s. 8(f), Art. II of the State Constitution, including investigation of all facts and parties materially related to the comptaint at issue. (2)(a) Any public officer or employee may request a hearing before the Commission on Ethics to present oral or written testimony in response to allegations that such person violated the code of ethics established in this part or allegations of any other breach of the pubUc trust, as provided in s. 8, Art. II of the State Constitution, provided a majority of the commission members present and voting consider that the aLLegations are of such gravity as to affect the general welfare of the state and the ability of the subject public officer or employee effectively to discharge the duties of the office. If the allegations made against the subject public officer or employee are made under oath, then he or she shall also be required to testify under oath. (b) Upon completion of any investigation initiated under this subsection, the commission shall make a finding and public report as to whether any provision of the code of ethics has been violated or any other breach of the public trust has been committed by the subject official or employee. In the event that a violation or breach is found to have been committed, the commission shall recommend appropriate action to the agency or official having power to impose any penalty provided by s. 112.317. (c) ALL proceedings conducted pursuant to this subsection shaLL be public meetings within the meaning of chapter 286, and all documents made or received in connection with the commission's investigation thereof shaLL be pubtic records within the meaning of chapter 119. (d) Any response to a request of a public official or employee shaU be addressed in the first instance to the official or employee making the request. (3)(a) Every public officer, candidate for public office, or public employee, when in doubt about the appticabi[ity and interpretation of this part or s. 8, Art. II of the State Constitution to himself or herseff in a particular context, may submit in writing the facts of the situation to the Commission on Ethics with a request for an advisory opinion to establish the standard of public duty. Any public officer or employee who has the power to hire or terminate employees may Ukewise seek an advisory opinion from the commission as to the application of the provisions of this part or s. 8, Art. II of the State Constitution to any such employee or applicant for employment. An advisory opinion shat[ be rendered by the commission, and each such opinion shah be numbered, dated, and published without naming the person making the request, un[ess such person consents to the use of his or her name. (b) Such opinion, until amended or revoked, shaU be binding on the conduct of the officer, employee, or candidate who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the advisory opinion. (4) The commission has the power to subpoena, audit, and investigate. The commission may subpoena witnesses and compel their attendance and testimony, administer oaths and http ://www.flsenate.gov/Statute s/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 322: flsenate.gov Page 2 of 2 affirmations, take evidence, and require by subpoena the production of any books, papers, records, or other items relevant to the performance of the duties of the commission or to the exercise of its powers. The commission may delegate to its investigators the authority to administer oaths and affirmations. The commission may delegate the authority to issue subpoenas to its chair, and may authorize its employees to serve any subpoena issued under this section. In the case of a refusal to obey a subpoena issued to any person, the commission may make application to any circuit court of this state which shat[ have jurisdiction to order the witness to appear before the commission and to produce evidence, if so ordered, or to give testimony touching on the matter in question. Failure to obey the order may be punished by the court as contempt. Witnesses shall be paid mileage and witnesses fees as authorized for witnesses in civil cases. (5) The commission may recommend that the Governor initiate judicial proceedings in the name of the state against any executive or administrative state, county, or municipal officer to enforce compliance with any provision of this part or of s. 8, Art. II of the State Constitution or to restrain violations of this part or of s. 8, Art. II of the State Constitution, pursuant to s. 1 lb), Art. IV of the State Constitution; and the Governor may without further action initiate such judicial proceedings. (6) The commission is authorized to call upon appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties. The Department of Legal Affairs shall, upon request, provide legal and investigative assistance to the commission. (7) The commission may prepare materials designed to assist persons in complying with the provisions of this part and with s. 8, Art. II of the State Constitution. (8) It shall be the further duty of the commission to submit to the Legislature from time to time a report of its work and recommendations for legislation deemed necessary to improve the code of ethics and its enforcement. (9) The commission is authorized to make such rules not inconsistent with law as are necessary to carry out the duties and authority conferred upon the commission by s. 8, Art. II of the State Constitution or by this part. Such rules shall be limited to: la) Rules providing for the practices and procedures of the commission. lb) Rules interpreting the disclosures and prohibitions established by s. 8, Art. II of the State Constitution and by this part. History.--s. 2, ch. 74-176; s. 4, ch. 75-199; s. 1, ch. 76-89; s. 1, ch. 77-174; s. 7, ch. 82-98; s. 33, ch. 89-169; s. 12, ch. 91-85; s. 13, ch. 94-277; s. 1416, ch. 95-147; s. 7, ch. 2000-243. Disclaimer: The information on this system is unverified, The journals or printed bi[ts of the respective chambers should be consulted for official purposes. Copyright © 2000-2.003 State of F[odda. Privacy Statement. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3231: flsenate.gov Page 1 of 1 Select Year: ! The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS 112.3231 Time Limitations.-- Chapter 112 View Entire PUBLIC OFFICERS AND EMPLOYEES: Chapter GENERAL PROVISIONS (1) On or after October 1, 1993, all sworn complaints alleging a violation of this part, or of any other breach of the public trust within the jurisdiction of the Commission on Ethics under s. 8, Art. II of the State Constitution, shall be filed with the commission within 5 years of the alleged violation or other breach of the public trust. (2) A violation of this part or any other breach of public trust is committed when every element has occurred or, if the violation or breach of public trust involves a continuing course of conduct, at the time when the course of conduct or the officer's, employee's, or candidate's complicity therein is terminated. Time starts to run on the day after the violation or breach of public trust is committed. (3) The applicable period of limitation is tolled on the day a sworn complaint against the public officer, employee, or candidate is filed with the Commission on Ethics. If it can be concluded from the face of the complaint that the applicable period of limitation has run, the complaint shall be dismissed and the commission shall issue a pubUc report. History.--s. 13, ch. 91-85; s. 10, ch. 94-277. Disclaimer: The information on this system is unverified. The journal, s or printed bi[l,s of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3232: flsenate.gov Page 1 of 1 Select Year: The 0003 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.3232 Compelled testimony.--If any person called to give evidence in a commission proceeding shall refuse to give evidence because of a claim of possible self-incrimination, the commission, with the written authorization of the appropriate state attorney, may apply to the chief judge of the appropriate judicial circuit for a judicial grant of immunity ordering the testimony or other evidence of such person notwithstanding his or her objection, but in such case no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal proceeding. History.--s. 10, ch. 2000-243. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of F!.odda. Privacy Statement. http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 324: flsenate.gov Page I of 3 Select Year: The 2003 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.324 Procedures on complaints of violations; public records and meeting exemptions.-- (1) Upon a written complaint executed on a form prescribed by the commission and signed under oath or affirmation by any person, the commission shall investigate any alleged violation of this part or any other alleged breach of the public trust within the jurisdiction of the commission as provided in s. 8(f), Art. II of the State Constitution in accordance with procedures set forth herein. Within 5 days after receipt of a complaint by the commission, a copy shat[ be transmitted to the alleged violator. (2) The complaint and records relating to the complaint or to any preliminary investigation held by the commission or its agents or by a Commission on Ethics and Public Trust established by any county defined in s. 125.01 t (1), are confidential and exempt from the provisions of s. 119.07(1 ) and s. 24(a), Art. I of the State Constitution, and any proceeding conducted by the commission or a Commission on Ethics and Public Trust, pursuant to a complaint or preliminary investigation, is exempt from the provisions of s. 286.011, s. 24(b), Art. I of the State Constitution, and s. 120.525, until the complaint is dismissed as legally insufficient, until the alleged violator requests in writing that such records and proceedings be made public, or until the commission or a Commission on Ethics and Public Trust determines, based on such investigation, whether probable cause exists to believe that a violation has occurred. In no event shall a complaint under this part against a candidate in any genera[, special, or primary election be filed or any intention of filing such a complaint be disclosed on the day of any such election or within the 5 days immediately preceding the date of the election. (3) A preliminary investigation shat[ be undertaken by the commission of each legally sufficient complaint over which the commission has jurisdiction to determine whether there is probable cause to believe that a violation has occurred. If, upon completion of the preliminary investigation, the commission finds no probable cause to believe that this part has been violated or that any other breach of the public trust has been committed, the commission shat[ dismiss the complaint with the issuance of a public report to the complainant and the alleged violator, stating with particularity its reasons for dismissal of the complaint. At that time, the complaint and all materials relating to the complaint shat[ become a matter of public record. If the commission finds from the preliminary investigation probable cause to believe that this part has been violated or that any other breach of the public trust has been committed, it shall so notify the complainant and the alleged violator in writing. Such notification and alt documents made or received in the disposition of the complaint shall then become public records. Upon request submitted to the commission in writing, any person who the commission finds probable cause to believe has violated any provision of this part or has committed any other breach of the public trust shall be entitled to a public hearing. Such person shat[ be deemed to have waived the right to a public hearing if the request is not received within 14 days following the mailing of the probable cause notification required by this subsection. However, the commission may on its own motion, require a public hearing, may conduct such further investigation as it deems necessary, and may enter into such stipulations and settlements as it finds to be just and in the best interest of the state. The commission is without jurisdiction to, and no respondent may voluntarily or involuntarily, enter into a stipulation or settlement which imposes any penalty, including, but not limited to, a sanction or admonition or any other penalty contained in s. 112.317. Penalties shall be imposed only by the appropriate disciplinary authority as designated in this section. (4) If, in cases pertaining to members of the Legislature, upon completion of a full and final http://www.~senate.g~v/Statutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 324: flsenate.gov Page 2 of 3 investigation by the commission, the commission finds that there has been a violation of this part or of any provision of s. 8, Art. II of the State Constitution, the commission shat[ forward a copy of the complaint and its findings by certified mai[ to the President of the Senate or the Speaker of the House of Representatives, whichever is applicable, who shaft refer the complaint to the appropriate committee for investigation and action which shat[ be governed by the rules of its respective house. It shall be the duty of the committee to report its final action upon the complaint to the commission within 90 days of the date of transmittal to the respective house. Upon request of the committee, the commission shall submit a recommendation as to what penalty, if any, should be imposed. In the case of a member of the Legislature, the house in which the member serves shall have the power to invoke the penalty provisions of this part. (5) If, in cases pertaining to complaints against impeachable officers, upon completion of a fut[ and final investigation by the commission, the commission finds that there has been a violation of this part or of any provision of s. 8, Art. II of the State Constitution, and the commission finds that the violation may constitute grounds for impeachment, the commission shall forward a copy of the complaint and its findings by certified mail to the Speaker of the House of Representatives, who shat[ refer the complaint to the appropriate committee for investigation and action which shat[ be governed by the rules of the House of Representatives. It shall be the duty of the committee to report its final action upon the complaint to the commission within 90 days of the date of transmit[at. (6) If the commission finds that there has been a violation of this part or of any provision of s. 8, Art. II of the State Constitution by an impeachable officer other than the Governor, and the commission recommends public censure and reprimand, forfeiture of a portion of the officer's salary, a civil penalty, or restitution, the commission shat[ report its findings and recommendation of disciplinary action to the Governor, who shall have the power to invoke the penalty provisions of this part. (7) If the commission finds that there has been a violation of this part or of any provision of s. 8, Art. II of the State Constitution by the Governor, and the commission recommends public censure and reprimand, forfeiture of a portion of the Governor's salary, a civil penalty, or restitution, the commission shat[ report its findings and recommendation of disciplinary action to the Attorney General, who shat[ have the power to invoke the penalty provisions of this part. (8) If, in cases pertaining to complaints other than complaints against impeachable officers or members of the Legislature, upon completion of a full and final investigation by the commission, the commission finds that there has been a violation of this part or of s. 8, Art. II of the State Constitution, it shat[ be the duty of the commission to report its findings and recommend appropriate action to the proper disciplinary official or body as fo[tows, and such official or body shat[ have the power to invoke the penalty provisions of this part, including the power to order the appropriate elections official to remove a candidate from the ballot for a violation of s. 112.3145 or s. 8(a) and (i), Art. II of the State Constitution: (a) The President of the Senate and the Speaker of the House of Representatives, jointty, in any case concerning the Public Counsel, members of the PubLic Service Commission, members of the Public Service Commission Nominating Councit, the Auditor General, the director of the Office of Program Poticy Analysis and Government Accountabitity, or members of the Legislative Committee on Intergovernmentat Retations. (b) The Supreme Court, in any case concerning an employee of the judicial branch. (c) The President of the Senate, in any case concerning an employee of the Senate; the Speaker of the House of Representatives, in any case concerning an employee of the House of Representatives; or the President and the Speaker, jointly, in any case concerning an employee of a committee of the Legislature whose members are appointed solely by the President and the Speaker or in any case concerning an employee of the Public Counsel, Public Service Commission, Auditor Genera[, Office of Program Po[icy Analysis and Government Accountability, or Legislative http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 324: flsenate.gov Page 3 of 3 Committee on Intergovernmental Relations. (d) Except as otherwise provided by this part, the Governor, in the case of any other public officer, public employee, former public officer or public employee, candidate, or former candidate. (e) The President of the Senate or the Speaker of the House of Representatives, whichever is appLicabLe, in any case concerning a former member of the LegisLature who has violated a provision applicable to former members or whose violation occurred while a member of the Legislature. (9) In addition to reporting its findings to the proper disciplinary body or official, the commission shall report these findings to the state attorney or any other appropriate official or agency having authority to initiate prosecution when violation of criminal [aw is indicated. (10) Notwithstanding the foregoing procedures of this section, a sworn complaint against any member or employee of the Commission on Ethics for violation of this part or of s. 8, Art. II of the State Constitution shaLL be filed with the President of the Senate and the Speaker of the House of Representatives. Each presiding officer shalL, after determining that there are sufficient grounds for review, appoint three members of their respective bodies to a special joint committee who shaLL investigate the complaint. The members shaLL elect a chair from among their number. If the special joint committee finds insufficient evidence to establish probable cause to believe a violation of this part or of s. 8, Art. II of the State Constitution has occurred, it shall dismiss the complaint. If, upon completion of its preliminary investigation, the committee finds sufficient evidence to establish probable cause to believe a violation has occurred, the chair thereof shall transmit such findings to the Governor who shall convene a meeting of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court to take such final action on the complaint as they shall deem appropriate, consistent with the penalty provisions of this part. Upon request of a majority of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, the special joint committee shaLL submit a recommendation as to what penalty, if any, should be imposed. (11 ) Notwithstanding the provisions of subsections (1)-(8), the commission may, at its discretion, dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, in which case the commission shat[ issue a public report stating with particularity its reasons for the dismissal. History.--s. 2, ch. 74-176; s. 5, ch. 75-199; s. 3, ch. 83-282; s. 30, ch. 90-360; s. 14, ch. 91-85; s. 11, ch. 94-277; s. 1417, ch. 95-147; s. 2, ch. 95-354; s. 4, ch. 96-311; s. 3, ch. 97-293; s. 14, ch. 2000-151; s. 17, ch. 2000-331; s. 30, ch. 2001-266; s. 1, ch. 2002-186. Disclaimer: The information on this system is unverified. The jouma[s or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of FI. odda. privacy Statement. http://www.flsenate, gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 3241: flsenate.gov Page 1 of 1 Select Year: The goo3 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.3241 Judicial review.--Any final action by the commission taken pursuant to this part shall be subject to review in a district court of appeal upon the petition of the party against whom an adverse opinion, finding, or recommendation is made. History.--s. 6, ch. 75-199; s. 4, ch. 84-318. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. Privacy Statement. http://www.flsenate.gov/Statutes/index.c fm?p=2&App_mode=Display_Statute& Search_St... 2/10/2004 Statutes & Constitution :View Statutes :->2003->Ch0112->Section 326: flsenate.gov Page 1 of 1 Select Year: The aoo3 Florida Statutes TitLe )~ Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.326 Additional requirements by political subdivisions and agencies not prohibited.--Nothing in this act shat[ prohibit the governing body of any potitica[ subdivision, by ordinance, or agency, by rule, from imposing upon its own officers and emptoyees additional or more stringent standards of conduct and disclosure requirements than those specified in this part, provided that those standards of conduct and disctosure requirements do not otherwise conflict with the provisions of this part. History.--s. 5, ch. 75-196; s. 12, ch. 94-277. Disclaimer: The information on this system is unverified. The journats or printed bi[ts of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Ftorida. Privacy Statement. http://www.~senate.g~v/~tatutes/index.cfm?p=2&App-m~de=Disp~ay-Statute&Search-St... 2/10/2004