Skip to Navigation | Skip to Main Content | Skip to Site Map

Account: Sign Up | Login

Florida Constitution Revision Commission

PUB 700767: Ethics in Government by Jamie Klapholz

ARTICLE II: GENERAL PROVISIONS, Section 8. Ethics in government.

SECTION 8.Ethics in government.

A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:

  1. All elected constitutionalpublic officers, and candidates for such offices, and officers and employees appointed by an elected public officer, including members of any collegial body, board, or commission, and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.
  2. All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.
  3. Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law.
  4. Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law.
  5. No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public officers and employees may be established by law.
  6. There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission. Said independent commission shall have the authority to conduct such an investigation and make such a public report on an anonymous complaint submitted in writing, verbally, or in any other manner. Said independent commission shall have the authority to conduct such an investigation and make such a public report in the absence of a complaint if it has reasonable cause to believe that a breach of public trust may have occurred.
  7. A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law.
  8. This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests.
  9. Schedule—On the effective date of this amendment and until changed by law:
    1. Full and public disclosure of financial interests shall mean filing with the custodian of state records by July 1 of each year a sworn statement showing the net worth of the person and the person's spouse, as applicable, and identifying each asset and liability in excess of $1,000 and its value together with oneboth of the following:
      1. A copy of the person's and the person's spouse's, as applicable, most recent federal income tax return; orand
      2. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income.
    2. Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (i)(1).
    3. The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics.