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The CRC completed its work and submitted its final report. This website is maintained for archival purposes.

Florida Constitution Revision Commission

PUB 700279: Open Government by Carlos Gamez


Catchline: Open Government

All citizens have an ilaniable right to require and impose the government information to justify or redact wrongdoing.

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 constitutional officers and candidates for such offices 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 misdemeanor 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 perpetuityf 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.
  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 and shall be updated every 5 years.
  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 net worth and identifying each asset and liability in excess of $500 $1,000 and its value together with one of the following:
      1. A copy of the person's most recent federal income tax return; or
      2. A sworn statement which identifies each separate source and amount of income which exceeds $500 $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.
    4. All public officers are to report bi-monthly a list of lobbying when the donation exceeds in totality of $50.