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. 12 13 Be It Proposed by the Constitution Revision Commission of 14 Florida: 15 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
Nomember of the legislature or a statewide elected 40 officer may not shallpersonally represent another person or 41 entity for compensation before any state thegovernment body or 42 state agency other than judicial tribunals of which the43 individual was an officer or memberfor a period of six two44 years following vacation of office. A Nomember of the 45 legislature may not shallpersonally 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. 81 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.