CRC - 2017                                                  P 98
       By Commissioner Kruppenbacher
       kruppenbf-00097-17                                      201798__
    1                         A proposal to amend                       
    2         Section 8 of Article II of the State Constitution to
    3         prohibit members of the Legislature from taking action
    4         on certain matters of the state and its political
    5         subdivisions which will directly inure to the
    6         legislator’s benefit or to the benefit of the
    7         legislator’s immediate family.
    9  Be It Proposed by the Constitution Revision Commission of
   10  Florida:
   12         Section 8 of Article II of the State Constitution is
   13  amended to read:
   14                             ARTICLE II                            
   15                         GENERAL PROVISIONS                        
   16         SECTION 8. Ethics in government.—A public office is a
   17  public trust. The people shall have the right to secure and
   18  sustain that trust against abuse. To assure this right:
   19         (a) All elected constitutional officers and candidates for
   20  such offices and, as may be determined by law, other public
   21  officers, candidates, and employees shall file full and public
   22  disclosure of their financial interests.
   23         (b) All elected public officers and candidates for such
   24  offices shall file full and public disclosure of their campaign
   25  finances.
   26         (c) Any public officer or employee who breaches the public
   27  trust for private gain and any person or entity inducing such
   28  breach shall be liable to the state for all financial benefits
   29  obtained by such actions. The manner of recovery and additional
   30  damages may be provided by law.
   31         (d) Any public officer or employee who is convicted of a
   32  felony involving a breach of public trust shall be subject to
   33  forfeiture of rights and privileges under a public retirement
   34  system or pension plan in such manner as may be provided by law.
   35         (e) A member of the legislature may not attempt to
   36  influence, involve themselves in, or vote on any legislation or
   37  attempt to influence or involve themselves in any business of
   38  the state or its political subdivisions which will directly
   39  inure to his or her benefit or to the benefit of his or her
   40  immediate family.
   41         (f) No member of the legislature or statewide elected
   42  officer shall personally represent another person or entity for
   43  compensation before the government body or agency of which the
   44  individual was an officer or member for a period of two years
   45  following vacation of office. No member of the legislature shall
   46  personally represent another person or entity for compensation
   47  during term of office before any state agency other than
   48  judicial tribunals. Similar restrictions on other public
   49  officers and employees may be established by law.
   50         (g)(f) There shall be an independent commission to conduct
   51  investigations and make public reports on all complaints
   52  concerning breach of public trust by public officers or
   53  employees not within the jurisdiction of the judicial
   54  qualifications commission.
   55         (h)(g) A code of ethics for all state employees and
   56  nonjudicial officers prohibiting conflict between public duty
   57  and private interests shall be prescribed by law.
   58         (i)(h) This section shall not be construed to limit
   59  disclosures and prohibitions which may be established by law to
   60  preserve the public trust and avoid conflicts between public
   61  duties and private interests.
   62         (j)(i) Schedule—On the effective date of this amendment and
   63  until changed by law:
   64         (1) Full and public disclosure of financial interests shall
   65  mean filing with the custodian of state records by July 1 of
   66  each year a sworn statement showing net worth and identifying
   67  each asset and liability in excess of $1,000 and its value
   68  together with one of the following:
   69         a. A copy of the person’s most recent federal income tax
   70  return; or
   71         b. A sworn statement which identifies each separate source
   72  and amount of income which exceeds $1,000. The forms for such
   73  source disclosure and the rules under which they are to be filed
   74  shall be prescribed by the independent commission established in
   75  subsection (g) (f), and such rules shall include disclosure of
   76  secondary sources of income.
   77         (2) Persons holding statewide elective offices shall also
   78  file disclosure of their financial interests pursuant to
   79  paragraph (1) subsection (i)(1).
   80         (3) The independent commission provided for in subsection
   81  (g) (f) shall mean the Florida Commission on Ethics.