CRC - 2017                                                  P 19
       By Commissioner Rouson
       rousond-00041A-17                                       201719__
    1                         A proposal to amend                       
    2         Section 8 of Article II and create a new section in
    3         Article XII of the State Constitution to prohibit
    4         legislators and statewide elected officers from
    5         personally representing another person or entity for
    6         compensation before any state government body or state
    7         agency except judicial tribunals for six years
    8         following vacation of office and to provide that the
    9         prohibition applies to individuals who were members of
   10         the Legislature or who were statewide elected officers
   11         at any time after November 6, 2018.
   13  Be It Proposed by the Constitution Revision Commission of
   14  Florida:
   16         Section 8 of Article II of the State Constitution is
   17  amended to read:
   18                             ARTICLE II                            
   19                         GENERAL PROVISIONS                        
   20         SECTION 8. Ethics in government.—A public office is a
   21  public trust. The people shall have the right to secure and
   22  sustain that trust against abuse. To assure this right:
   23         (a) All elected constitutional officers and candidates for
   24  such offices and, as may be determined by law, other public
   25  officers, candidates, and employees shall file full and public
   26  disclosure of their financial interests.
   27         (b) All elected public officers and candidates for such
   28  offices shall file full and public disclosure of their campaign
   29  finances.
   30         (c) Any public officer or employee who breaches the public
   31  trust for private gain and any person or entity inducing such
   32  breach shall be liable to the state for all financial benefits
   33  obtained by such actions. The manner of recovery and additional
   34  damages may be provided by law.
   35         (d) Any public officer or employee who is convicted of a
   36  felony involving a breach of public trust shall be subject to
   37  forfeiture of rights and privileges under a public retirement
   38  system or pension plan in such manner as may be provided by law.
   39         (e) A No member of the legislature or a statewide elected
   40  officer may not shall personally represent another person or
   41  entity for compensation before any state the government body or
   42  state agency other than judicial tribunals of which the
   43  individual was an officer or member for a period of six two
   44  years following vacation of office. A No member of the
   45  legislature may not shall personally represent another person or
   46  entity for compensation during term of office before any state
   47  agency other than judicial tribunals. Similar restrictions on
   48  other public officers and employees may be established by law.
   49         (f) There shall be an independent commission to conduct
   50  investigations and make public reports on all complaints
   51  concerning breach of public trust by public officers or
   52  employees not within the jurisdiction of the judicial
   53  qualifications commission.
   54         (g) A code of ethics for all state employees and
   55  nonjudicial officers prohibiting conflict between public duty
   56  and private interests shall be prescribed by law.
   57         (h) This section shall not be construed to limit
   58  disclosures and prohibitions which may be established by law to
   59  preserve the public trust and avoid conflicts between public
   60  duties and private interests.
   61         (i) Schedule—On the effective date of this amendment and
   62  until changed by law:
   63         (1) Full and public disclosure of financial interests shall
   64  mean filing with the custodian of state records by July 1 of
   65  each year a sworn statement showing net worth and identifying
   66  each asset and liability in excess of $1,000 and its value
   67  together with one of the following:
   68         a. A copy of the person’s most recent federal income tax
   69  return; or
   70         b. A sworn statement which identifies each separate source
   71  and amount of income which exceeds $1,000. The forms for such
   72  source disclosure and the rules under which they are to be filed
   73  shall be prescribed by the independent commission established in
   74  subsection (f), and such rules shall include disclosure of
   75  secondary sources of income.
   76         (2) Persons holding statewide elective offices shall also
   77  file disclosure of their financial interests pursuant to
   78  subsection (i)(1).
   79         (3) The independent commission provided for in subsection
   80  (f) shall mean the Florida Commission on Ethics.
   82         A new section is added to Article XII of the State
   83  Constitution to read:
   84                             ARTICLE XII                           
   85                              SCHEDULE                             
   86         State officers post-service personal representation
   87  prohibitions.—The amendment to Section 8 of Article II
   88  prohibiting legislators and statewide elected officers from
   89  providing personal representation for compensation before any
   90  state government body or state agency for six years following
   91  vacation of office is applicable only to those individuals who
   92  were members of the legislature or who were statewide elected
   93  officers at any time after November 6, 2018.