CRC - 2017                                                  P 52
       By Commissioner Newsome
       newsomer-00078-17                                       201752__
    1                         A proposal to amend                       
    2         Section 8 of Article II of the State Constitution to
    3         prohibit elected public officers, candidates for
    4         elected public office, and the immediate family
    5         members thereof, from self-dealing and participating
    6         in certain financial transactions with governmental
    7         entities, the officer’s or candidate’s campaign, or
    8         certain political organizations under specified
    9         circumstances.
   11  Be It Proposed by the Constitution Revision Commission of
   12  Florida:
   14         Section 8 of Article II of the State Constitution is
   15  amended to read:
   16                             ARTICLE II                            
   17                         GENERAL PROVISIONS                        
   18         SECTION 8. Ethics in government.—A public office is a
   19  public trust. The people shall have the right to secure and
   20  sustain that trust against abuse. To assure this right:
   21         (a) All elected constitutional officers and candidates for
   22  such offices and, as may be determined by law, other public
   23  officers, candidates, and employees shall file full and public
   24  disclosure of their financial interests.
   25         (b) All elected public officers and candidates for such
   26  offices shall file full and public disclosure of their campaign
   27  finances.
   28         (c) Elected public officers and candidates for public
   29  office, and the immediate family members of such officers and
   30  candidates, may not engage directly or indirectly in any
   31  commercial or financial transactions with such officer’s or
   32  candidate’s campaign or any political organization for which the
   33  officer or candidate has solicited contributions. This
   34  subsection does not apply to contributions and loans to the
   35  officer’s or candidate’s campaign, and reimbursements of
   36  itemized expenditures paid to third parties, if disclosed in
   37  accordance with applicable campaign finance laws. Definitions,
   38  exceptions, and penalties for violations may be prescribed by
   39  law. Unless other penalties are prescribed, any violation must
   40  be investigated and punished as a violation of the code of
   41  ethics for public officers and employees.
   42         (d) Elected public officers and candidates for public
   43  office, and the immediate family members of such officers and
   44  candidates, may not agree to or engage in any commercial or
   45  financial transaction with a public entity including the state,
   46  a political subdivision of the state, or any entity established,
   47  directed, managed, or operated by the state or a political
   48  subdivision, unless such transaction is fully disclosed ten days
   49  before any offer or acceptance by the public entity and no
   50  condition of confidentiality is imposed. Any agreement in
   51  violation of this subsection is void. This subsection does not
   52  apply to the sale of goods and services offered to the public on
   53  a non-exclusive basis. Definitions, exceptions, additional
   54  restrictions, and penalties for violations may be prescribed by
   55  law.
   56         (e)(c) Any public officer or employee who breaches the
   57  public trust for private gain and any person or entity inducing
   58  such breach shall be liable to the state for all financial
   59  benefits obtained by such actions. The manner of recovery and
   60  additional damages may be provided by law.
   61         (f)(d) Any public officer or employee who is convicted of a
   62  felony involving a breach of public trust shall be subject to
   63  forfeiture of rights and privileges under a public retirement
   64  system or pension plan in such manner as may be provided by law.
   65         (g)(e) No member of the legislature or statewide elected
   66  officer shall personally represent another person or entity for
   67  compensation before the government body or agency of which the
   68  individual was an officer or member for a period of two years
   69  following vacation of office. No member of the legislature shall
   70  personally represent another person or entity for compensation
   71  during term of office before any state agency other than
   72  judicial tribunals. Similar restrictions on other public
   73  officers and employees may be established by law.
   74         (h)(f) There shall be an independent commission to conduct
   75  investigations and make public reports on all complaints
   76  concerning breach of public trust by public officers or
   77  employees not within the jurisdiction of the judicial
   78  qualifications commission.
   79         (i)(g) A code of ethics for all state employees and
   80  nonjudicial officers prohibiting conflict between public duty
   81  and private interests shall be prescribed by law.
   82         (l)(h) This section shall not be construed to limit
   83  disclosures and prohibitions which may be established by law to
   84  preserve the public trust and avoid conflicts between public
   85  duties and private interests.
   86         (m)(i) Schedule—On the effective date of this amendment and
   87  until changed by law:
   88         (1) Full and public disclosure of financial interests shall
   89  mean filing with the custodian of state records by July 1 of
   90  each year a sworn statement showing net worth and identifying
   91  each asset and liability in excess of $1,000 and its value
   92  together with one of the following:
   93         a. A copy of the person’s most recent federal income tax
   94  return; or
   95         b. A sworn statement which identifies each separate source
   96  and amount of income which exceeds $1,000. The forms for such
   97  source disclosure and the rules under which they are to be filed
   98  shall be prescribed by the independent commission established in
   99  subsection (h)(f), and such rules shall include disclosure of
  100  secondary sources of income.
  101         (2) Persons holding statewide elective offices shall also
  102  file disclosure of their financial interests pursuant to
  103  paragraph (1) subsection (i)(1).
  104         (3) The independent commission provided for in subsection
  105  (h)(f) shall mean the Florida Commission on Ethics.