CRC - 2017 P 39
By Commissioner Gaetz
1 A proposal to amend
2 Section 8 of Article II and Section 13 of Article V
3 and create a new section in Article XII of the State
4 Constitution to establish certain restrictions for
5 specified public officers and employees regarding the
6 personal representation for compensation of another
7 person or entity before certain government bodies.
9 Be It Proposed by the Constitution Revision Commission of
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
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)(1) A
No member of the legislature or a statewide
36 elected officer may not shall personally represent another
37 person or entity for compensation before the legislature or any
38 state government body or agency, other than judicial tribunals,
39 of which the individual was an officer or member for a period of
40 six two years following vacation of office. A No member of the
41 legislature or a statewide elected officer may not shall
42 personally represent another person or entity for compensation
43 during term of office before any federal agency; the
44 legislature; any state government body or agency, other than
45 judicial tribunals; or any political subdivision of the state.
46 (2) A person who served as a secretary, executive director,
47 or other agency head of a department of the executive branch of
48 state government, may not personally represent another person or
49 entity for compensation before the legislature, the governor,
50 the executive office of the governor, members of the cabinet, a
51 department that is headed by a member of the cabinet, or his or
52 her former department for a period of six years following
53 vacation of his or her position. A person who is serving as a
54 secretary, executive director, or other agency head of a
55 department of the executive branch of state government, may not
56 personally represent another person or entity for compensation
57 before any federal agency; the legislature; any state government
58 body or agency, other than judicial tribunals; or any political
59 subdivision of the state.
60 (3) A county officer pursuant to Article VIII or a county
61 charter, a school board member, a superintendent of schools, an
62 elected municipal officer, or an elected special district
63 officer in a special district with ad valorem taxing authority,
64 may not personally represent another person or entity for
66 a. Before his or her former agency or governing body for a
67 period of six years following vacation of office.
68 b. Before any federal agency; the legislature; any state
69 government body or agency, other than judicial tribunals; or any
70 political subdivision of the state during his or her term of
72 (4) This subsection does not prohibit any public officer or
73 public employee from representing his or her agency before any
74 other governmental entities in the normal course of his or her
76 (5) Similar restrictions on other public officers and
77 employees may be established by law.
78 (f) There shall be an independent commission to conduct
79 investigations and make public reports on all complaints
80 concerning breach of public trust by public officers or
81 employees not within the jurisdiction of the judicial
82 qualifications commission.
83 (g) A code of ethics for all state employees and
84 nonjudicial officers prohibiting conflict between public duty
85 and private interests shall be prescribed by law.
86 (h) This section shall not be construed to limit
87 disclosures and prohibitions which may be established by law to
88 preserve the public trust and avoid conflicts between public
89 duties and private interests.
90 (i) Schedule—On the effective date of this amendment and
91 until changed by law:
92 (1) Full and public disclosure of financial interests shall
93 mean filing with the custodian of state records by July 1 of
94 each year a sworn statement showing net worth and identifying
95 each asset and liability in excess of $1,000 and its value
96 together with one of the following:
97 a. A copy of the person’s most recent federal income tax
98 return; or
99 b. A sworn statement which identifies each separate source
100 and amount of income which exceeds $1,000. The forms for such
101 source disclosure and the rules under which they are to be filed
102 shall be prescribed by the independent commission established in
103 subsection (f), and such rules shall include disclosure of
104 secondary sources of income.
105 (2) Persons holding statewide elective offices shall also
106 file disclosure of their financial interests pursuant to
107 subsection (i)(1).
108 (3) The independent commission provided for in subsection
109 (f) shall mean the Florida Commission on Ethics.
111 Section 13 of Article V of the State Constitution is
112 amended to read:
113 ARTICLE V
115 SECTION 13. Ethics in the judiciary Prohibited activities.
116 All justices and judges shall devote full time to their judicial
117 duties. A justice or judge may They shall not engage in the
118 practice of law or hold office in any political party. A justice
119 or judge may not personally represent another person for
120 compensation before the legislative, executive, or judicial
121 branches of state government, other than practicing law before a
122 judicial tribunal, for a period of six years following vacation
123 of office.
125 A new section is added to Article XII of the State
126 Constitution to read:
127 ARTICLE XII
129 Personal representation prohibitions for specified public
130 officers and employees.—The amendments to Section 8 of Article
131 II and Section 13 of Article V, which establish certain
132 prohibitions on the personal representation for compensation of
133 another person or entity before specified governmental bodies by
134 certain public officers and employees, and the creation of this
135 section, shall take effect January 1, 2020.