CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. P 6011
       
       
       
       
       
       
                                Ì474672:Î474672                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Commissioner Stemberger moved the following:
       
    1         CRC Substitute for Amendment (450874) (with title
    2  amendment)
    3  
    4         Delete everything after the proposal clause
    5  and insert:
    6         Section 8 of Article II of the State Constitution is
    7  amended to read:
    8                             ARTICLE II                            
    9                         GENERAL PROVISIONS                        
   10         SECTION 8. Ethics in government.—A public office is a
   11  public trust. The people shall have the right to secure and
   12  sustain that trust against abuse. To assure this right:
   13         (a) All elected constitutional officers and candidates for
   14  such offices and, as may be determined by law, other public
   15  officers, candidates, and employees shall file full and public
   16  disclosure of their financial interests.
   17         (b) All elected public officers and candidates for such
   18  offices shall file full and public disclosure of their campaign
   19  finances.
   20         (c) Any public officer or employee who breaches the public
   21  trust for private gain and any person or entity inducing such
   22  breach shall be liable to the state for all financial benefits
   23  obtained by such actions. The manner of recovery and additional
   24  damages may be provided by law.
   25         (d) Any public officer or employee who is convicted of a
   26  felony involving a breach of public trust shall be subject to
   27  forfeiture of rights and privileges under a public retirement
   28  system or pension plan in such manner as may be provided by law.
   29         (e) No member of the legislature or statewide elected
   30  officer shall personally represent another person or entity for
   31  compensation before the government body or agency of which the
   32  individual was an officer or member for a period of two years
   33  following vacation of office. No member of the legislature shall
   34  personally represent another person or entity for compensation
   35  during term of office before any state agency other than
   36  judicial tribunals. Similar restrictions on other public
   37  officers and employees may be established by law.
   38         (f)(1)For purposes of this subsection, the term “public
   39  officer” means a statewide elected officer, a member of the
   40  legislature, a county commissioner, a county officer pursuant to
   41  Article VIII or county charter, a school board member, a
   42  superintendent of schools, an elected municipal officer, an
   43  elected special district officer in a special district with ad
   44  valorem taxing authority, or a person serving as a secretary, an
   45  executive director, or other agency head of a department of the
   46  executive branch of state government.
   47         (2) A public officer shall not lobby for compensation on
   48  issues of policy, appropriations, or procurement before the
   49  federal government, the legislature, any state government body
   50  or agency, or any political subdivision of this state, during
   51  his or her term of office.
   52         (3) A public officer shall not lobby for compensation on
   53  issues of policy, appropriations, or procurement for a period of
   54  six years after vacation of public position, as follows:
   55         a. A statewide elected officer or member of the legislature
   56  shall not lobby the legislature or any state government body or
   57  agency.
   58         b. A person serving as a secretary, an executive director,
   59  or other agency head of a department of the executive branch of
   60  state government shall not lobby the legislature, the governor,
   61  the executive office of the governor, members of the cabinet, a
   62  department that is headed by a member of the cabinet, or his or
   63  her former department.
   64         c. A county commissioner, a county officer pursuant to
   65  Article VIII or county charter, a school board member, a
   66  superintendent of schools, an elected municipal officer, or an
   67  elected special district officer in a special district with ad
   68  valorem taxing authority shall not lobby his or her former
   69  agency or governing body.
   70         (4)This subsection shall not be construed to prohibit a
   71  public officer from carrying out the duties of his or her public
   72  office.
   73         (5) The legislature may enact legislation to implement this
   74  subsection, including, but not limited to, defining terms and
   75  providing penalties for violations. Any such law shall not
   76  contain provisions on any other subject.
   77         (g)(f) There shall be an independent commission to conduct
   78  investigations and make public reports on all complaints
   79  concerning breach of public trust by public officers or
   80  employees not within the jurisdiction of the judicial
   81  qualifications commission.
   82         (h)(1)(g) A code of ethics for all state employees and
   83  nonjudicial officers prohibiting conflict between public duty
   84  and private interests shall be prescribed by law.
   85         (2)A public officer or public employee shall not abuse his
   86  or her public position in order to obtain a disproportionate
   87  benefit for himself or herself; his or her spouse, children, or
   88  employer; or for any business with which he or she contracts; in
   89  which he or she is an officer, a partner, a director, or a
   90  proprietor; or in which he or she owns an interest. The Florida
   91  Commission on Ethics shall, by rule in accordance with statutory
   92  procedures governing administrative rulemaking, define the term
   93  “disproportionate benefit” and prescribe the requisite intent
   94  for finding a violation of this prohibition for purposes of
   95  enforcing this paragraph. Appropriate penalties shall be
   96  prescribed by law.
   97         (i)(h) This section shall not be construed to limit
   98  disclosures and prohibitions which may be established by law to
   99  preserve the public trust and avoid conflicts between public
  100  duties and private interests.
  101         (j)(i) Schedule—On the effective date of this amendment and
  102  until changed by law:
  103         (1) Full and public disclosure of financial interests shall
  104  mean filing with the custodian of state records by July 1 of
  105  each year a sworn statement showing net worth and identifying
  106  each asset and liability in excess of $1,000 and its value
  107  together with one of the following:
  108         a. A copy of the person’s most recent federal income tax
  109  return; or
  110         b. A sworn statement which identifies each separate source
  111  and amount of income which exceeds $1,000. The forms for such
  112  source disclosure and the rules under which they are to be filed
  113  shall be prescribed by the independent commission established in
  114  subsection (g) (f), and such rules shall include disclosure of
  115  secondary sources of income.
  116         (2) Persons holding statewide elective offices shall also
  117  file disclosure of their financial interests pursuant to
  118  paragraph (1) subsection (i)(1).
  119         (3) The independent commission provided for in subsection
  120  (g) (f) shall mean the Florida Commission on Ethics.
  121  
  122         Section 13 of Article V of the State Constitution is
  123  amended to read:
  124                              ARTICLE V                            
  125                              JUDICIARY                            
  126         SECTION 13. Ethics in the judiciary Prohibited activities.—
  127         (a) All justices and judges shall devote full time to their
  128  judicial duties. A justice or judge They shall not engage in the
  129  practice of law or hold office in any political party.
  130         (b) A former justice or former judge shall not lobby for
  131  compensation on issues of policy, appropriations, or procurement
  132  before the legislative or executive branches of state government
  133  for a period of six years after he or she vacates his or her
  134  judicial position. The legislature may enact legislation to
  135  implement this subsection, including, but not limited to,
  136  defining terms and providing penalties for violations. Any such
  137  law shall not contain provisions on any other subject.
  138  
  139         A new section is added to Article X of the State
  140  Constitution to read:
  141                              ARTICLE X                            
  142                            MISCELLANEOUS                          
  143         Naming of governmental programs and government-owned
  144  buildings and other facilities.—
  145         (a) The state, a local government, or any other political
  146  subdivision of the state may not name a building, a facility, a
  147  tract of land owned by the governmental entity, or a program
  148  administered by the governmental entity, after an elected state
  149  or local official if such official is a sitting member of the
  150  legislative body voting on the name of the project.
  151         (b) A law or an ordinance which names a building, a
  152  facility, a tract of land, or a program after a former elected
  153  state or local official may not contain provisions on any other
  154  subject.
  155  
  156         A new section is added to Article XII of the State
  157  Constitution to read:
  158                             ARTICLE XII                           
  159                              SCHEDULE                             
  160         Prohibitions regarding lobbying for compensation and abuse
  161  of public position by public officers and public employees.—The
  162  amendments to Section 8 of Article II and Section 13 of Article
  163  V shall take effect December 31, 2022; except that the
  164  amendments to Section 8(h) of Article II shall take effect
  165  December 31, 2020, and:
  166         (a) The Florida Commission on Ethics shall, by rule, define
  167  the term “disproportionate benefit” and prescribe the requisite
  168  intent for finding a violation of the prohibition against abuse
  169  of public position by October 1, 2019, as specified in Section
  170  8(h) of Article II.
  171         (b) Following the adoption of rules pursuant to subsection
  172  (a), the legislature shall enact implementing legislation
  173  establishing penalties for violations of the prohibition against
  174  abuse of public position to take effect December 31, 2020.
  175  
  176  BE IT FURTHER PROPOSED that the following statement be placed on
  177  the ballot:
  178  
  179                      CONSTITUTIONAL AMENDMENT                     
  180                        ARTICLE II, SECTION 8                      
  181                        ARTICLE V, SECTION 13                      
  182                       ARTICLE X, NEW SECTION                      
  183                      ARTICLE XII, NEW SECTION                     
  184         LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS;
  185  RESTRICTIONS ON NAMING GOVERNMENT PROPERTY AND PROGRAMS.—The
  186  amendment expands current restrictions on lobbying for
  187  compensation by former public officers; creates restrictions on
  188  lobbying for compensation by serving public officers; provides
  189  exceptions; and prohibits certain abuses of public office for
  190  personal benefit. The amendment also prohibits a state or local
  191  legislative body from naming governmental programs and
  192  government property for a sitting member of such body; and
  193  prohibits a naming law or ordinance from containing provisions
  194  on any other subject.
  195  
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete everything before the proposal clause
  199  and insert:
  200                             REVISION 11                           
  201  
  202         A proposal to amend Section 8 of Article II and
  203         Section 13 of Article V and create new sections in
  204         Article X and Article XII of the State Constitution to
  205         establish certain restrictions for specified public
  206         officers and employees regarding lobbying for
  207         compensation of another person or entity before
  208         certain government bodies and abuse of office and to
  209         prohibit a state or local legislative body from naming
  210         public facilities, land, or programs after a sitting
  211         member of such body and provide that a naming law or
  212         ordinance may not contain provisions on any other
  213         subject.